* * 34711 Adopt a Proclamation Declaring January 20, 2020 As Dr. Martin Luther King, Jr. Day. 2 Presentation by Th

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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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. HAYS COUNTY COMMISSIONERS' COURT MINUTES

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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:

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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

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.

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

Judge Becerra gave update on inmate population and outsourcing.

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

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.

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HAYS COUNTY COMMISSIONERS' COURT MINUTES

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

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 21TH 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 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

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.

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

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 #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.

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 proceedings had by the Hays County Commissioners' Court on January 21, 2020. l''"""'''' CLERK OF THE COMMISSIONERS' COURT OF ~·vf • • HAYS COUNTY, TEXAS \*\. l*I ~~.. ~"~ ~;~~~~~,,:.. ~,,,,~ .... ~.. ''''"'""'..

HAYS COUNTY COMMISSIONERS' COURT MINUTES

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

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 28TH 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:

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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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).

HAYS COUNTY COMMISSIONERS' COURT MINUTES

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JANUARY 28, 2020 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).

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JANUARY 28, 2020 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 551.074 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ALL INDIVIDUAL POSITIONS IN THE HAYS COUNTY OFFICE OF EMERGENCY SERVICES. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

No action taken.

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.

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

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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

JANUARY 28, 2020 ADJOURNMENT A motion was made by Commissioner Jones, seconded by Commissioner Shell to adjourn court at 12:48 p.m.

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HAYS COUNTY COMMISSIONERS' COURT MINUTES

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

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 4TH 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 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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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 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.

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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

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

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 18TH 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 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 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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 POPULATION, TO INCLUDE CURRENT POPULATION COUNTS AND COSTS.

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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** FEBRUARY 18, 2020 ADJOURNMENT A motion was made by Judge Becerra, seconded by Commissioner Jones to adjourn court at 11:34 a.m.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

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

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 25TH 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 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

No action was taken.

37 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.

34909 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. 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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 POPULATION, TO INCLUDE CURRENT POPULATION COUNTS AND COSTS.

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.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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:

RUBEN BECERRA COUNTY JUDGE DEBBIE GONZALES INGALSBE COMMISSIONER, PCT. 1 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. HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** MARCH 16, 2020 I, ELAINE H. CÁRDENAS, COUNTY CLERK and EXOFFICIO CLERK OF THE COMMISSIONERS’ COURT, do hereby certify that the foregoing contains a true and accurate record of the proceedings had by the Hays County Commissioners’ Court on March 16, 2020.

ELAINE H. CÁRDENAS, COUNTY CLERK AND EXOFFICIO CLERK OF THE COMMISSIONERS’ COURT OF HAYS COUNTY, TEXAS HAYS COUNTY COMMISSIONERS' COURT MINUTES

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

STATE OF TEXAS * COUNTY OF HAYS *

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:

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 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.

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. HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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. HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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. HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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. HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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. HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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. HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

35006 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).

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.

35007 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).

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. HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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. HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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. HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

No action was taken.

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.

No action was taken.

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 #53 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 #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.

ADJOURNMENT A motion was made by Judge Becerra, seconded by Commissioner Jones to adjourn court at 1:55 p.m.

ELAINE H. CÁRDENAS, COUNTY CLERK AND EXOFFICIO CLERK OF THE COMMISSIONERS’ COURT OF HAYS COUNTY, TEXAS HAYS COUNTY COMMISSIONERS' COURT MINUTES

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

STATE OF TEXAS * COUNTY OF HAYS *

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:

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 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.

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.

35017 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.

35018 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.

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

***** ***** 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. HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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. HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

Clerk’s Note Agenda Item #22 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 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. HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

Clerk’s Note Agenda Item #25 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 #26 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 11:13 a.m.

ELAINE H. CÁRDENAS, COUNTY CLERK AND EXOFFICIO CLERK OF THE COMMISSIONERS’ COURT OF HAYS COUNTY, TEXAS HAYS COUNTY COMMISSIONERS' COURT MINUTES

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

STATE OF TEXAS * COUNTY OF HAYS *

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:

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 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:

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.

35031 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.

35032 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS.

A motion was made by Commissioner Jones seconded by Commissioner Shell to approve the payment of United Healthcare claims. All present 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. HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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. HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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. HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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. HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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. HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

Clerk’s Note Agenda Item #33 RE: DISCUSSION AND POSSIBLE ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION. – WAS PULLED. HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

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

Clerk’s Note Agenda Item #36 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED.

Clerk’s Note Agenda Item #37 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED.

ADJOURNMENT A motion was made by Judge Becerra, seconded by Commissioner Jones to adjourn court at 11:55 a.m.

ELAINE H. CÁRDENAS, COUNTY CLERK AND EXOFFICIO CLERK OF THE COMMISSIONERS’ COURT OF HAYS COUNTY, TEXAS HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** APRIL 14, 2020

STATE OF TEXAS * COUNTY OF HAYS *

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:

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 ELAINE H. CÁRDENAS, COUNTY CLERK, BEING PRESENT THROUGH VIDEO CONFERENCE THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS:

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.

35063 APPROVE PAYMENTS OF COUNTY INVOICES.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** APRIL 14, 2020 ADJOURNMENT A motion was made by Judge Becerra, seconded by Commissioner Jones to adjourn court at 1:04 p.m.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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:

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 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:

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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** 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.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** APRIL 28, 2020

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 28th 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 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 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

Rodrigo Amaya, resident of Hays County, gave a public comment regarding the Court’s questions last week to the Emergency Services staff. He also commented on free test offered in other counties, and suggested Hays County look into trying to obtain free test. Dan Lyon, resident of Hays County, commented in opposition of Texas State University buses driving without passengers.

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

Rodrigo Amaya, Hays County resident, commented the county staff needs to do a better job during this crisis. Judge Becerra spoke to announce that Hays County has not issued any Orders at this time. The County will follow Governor Abbott’s orders. Tammy Crumley, County Wide Operations Director, spoke to the court regarding the Live Oak clinic on Broadway street in San Marcos to announce the facility will go live tomorrow afternoon for uninsured, underinsured, and indigent population of Hays County who may need testing. People will still need to contact the Health Department for screening and directions before going to Live Oak Clinic for testing. Details will be posted on the Hays County website. Commissioner Ingalsbe stated that sufficient notification needs to be put out for the public through private doctors and hospitals in order to ensure these populations have the information needed. Tammy Crumley suggested sending written documentation to hospitals with instructions for patients they may refer to the Live Oak Clinic. Commissioner Jones thanked Tammy Crumley and Mike Jones for their work on the testing programs. Commissioner Shell spoke on the request for a testing site in Wimberley as there is a need for some of the population in that area as well. Commissioner Smith thanked Tammy Crumley for her outreach to the medical community for their input on testing plans. He noted that some Healthcare professionals are worried about possible layoffs and shutting down due to lack of patients. Further discussion was had between the court members concerning additional locations for future testing sites along with possible grant coverage for those costs, reporting social distancing violators, and mapping areas of positive cases of Covid-19 without identifying individuals per HIPAA laws. Alex Villalobos, Emergency Management Coordinator, spoke to the court with an update on the communications he has had with surrounding areas and their testing methods. He also spoke on the affects the Governor’s order will have on Hays County. No action was taken.

INTRODUCTION OF THE NEW COMMUNICATIONS MANAGER, KIM HILSENBECK, TO THE COMMISSIONERS COURT.

Sherri Miller, Human Resources Director, introduced Kim Hilsenbeck to the court. She told the court of Kim’s education and experience for this position. Kim Hilsenbeck spoke to the court to thank Laureen Chernow, the current Communications Manager for her help during this transition. Laureen Chernow will retire this month she served Hays County for 11 years. Kim Hilsenbeck stated she was ready to assist the court in conveying information to the public during this crisis and any future events. The Court thanked Laureen for her service and welcomed Kim Hilsenbeck to Hays County. No action was taken.

Clerk’s Note: Judge Becerra called for a break to allow time to gather emails sent in for the agenda item. The break began at 9:10 a.m. and resumed back into open court at 9:15 a.m.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** APRIL 28, 2020 PRESENTATION BY THE HAYS COUNTY ELECTIONS ADMINISTRATOR, PROVIDING AN UPDATE ON 2020 ELECTIONS.

Mark Kennedy, General Counsel, read aloud emails that were submitted to the court regarding Mail-in voting. The following names submitted emails; Tegan Debrock, Lexy Garcia, Isabella Briseño, Brandon James, Kylie Mankin, CJ Cetina, Ethan Peña, Samantha Benavides, and Catherine Wicker. Several of the emails were from students of Texas State University who have left campus due to Covid -19. The emails stated that they were in favor of mail-in voting as they are not able to travel due to the current restrictions. Others stating, they did not want to take health risks in order to cast their votes. Jennifer Anderson, Elections Administrator, presented to the court using power point. She suggested not using polling locations as markers for positive cases of Covid-19 as that would could negatively affect an accurate and fair election. She responded to the public regarding voter registration concerns and explained that process. She reviewed the number of voters in the county who currently qualify for ballot by mail and assured the voters and court that her office is prepared for a large surge of ballot by mail for the upcoming elections. She stated to the court that more space is need for the upcoming elections. She also noted that due to Covid-19 for safety precautions the poll workers will need personal protective equipment. No action was taken.

Clerk’s Note: Judge Becerra called for a break that began at 11:52 a.m. and resumed back into open court at 12:03 p.m.

35110 APPROVE PAYMENTS OF COUNTY INVOICES

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

35111 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS

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

35112 APPROVE COMMISSIONERS COURT MINUTES OF APRIL 21, 2020

A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve Commissioners Court Minutes of April 21, 2020. All present voted “Aye.” MOTION PASSED.

35113 APPROVE THE PAYMENT OF THE APRIL 30, 2020 PAYROLL DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $3,900,000.00 EFFECTIVE APRIL 30, 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 April 30, 2020 payroll disbursements in an amount not to exceed $3,900,000.00 effective April 30, 2020 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voted “Aye.” MOTION PASSED.

35114 RATIFY THE DONATION OF THREE (3) 55-GALLON DRUMS AND 16 BOXES OF ETHYL ALCOHOL SOLUTION HAND SANITIZER VALUED AT $3,824.42 FROM FIFTH GENERATION, INC. AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Smith stated that most people know Fifth Generation, Inc. as Tito’s Vodka and thanked them for their multiple donations of sanitizer during this crisis. A motion was made by Commissioner Shell, seconded by Commissioner Jones to ratify the donation of three (3) 55-gallon drums and 16 boxes of Ethyl Alcohol Solution hand sanitizer valued at $3,824.42 from Fifth Generation, Inc. and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35115 AUTHORIZE AN AMENDMENT REQUEST FOR THE HAYS COUNTY VETERANS TREATMENT COURT GRANT AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize an Amendment Request for the Hays County Veterans Treatment Court grant and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35116 AUTHORIZE THE COUNTY JUDGE TO EXECUTE CHANGE ORDER NO. 3 FOR A TIME EXTENSION BETWEEN HAYS COUNTY AND WSB & ASSOCIATES, INC. FOR THE PROFESSIONAL SERVICES AGREEMENT FOR THE US290 INTERSECTION SAFETY IMPROVEMENTS PROJECT.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** APRIL 28, 2020 Commissioner Smith noted that this change order is specific because of a delay on the TXDOT side on the advance funding agreement. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the County Judge to execute Change Order No. 3 for a time extension between Hays County and WSB & Associates, Inc. for the Professional Services Agreement for the US290 Intersection safety improvements project. All present voted “Aye.” MOTION PASSED.

35117 APPROVE THE APPOINTMENT OF ROSS BRITT TO THE BOARD OF EMERGENCY SERVICES DISTRICT #3 FOR A TERM ENDING DECEMBER 31, 2020 TO FILL THE VACANCY CREATED BY THE RESIGNATION OF ALEX GARCIA.

Commissioner Ingalsbe thanked Alex Garcia for his service to the Emergency Service District #3 and welcomed Ross Britt. A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve the appointment of Ross Britt to the board of Emergency Services District #3 for a term ending December 31, 2020 to fill the vacancy created by the resignation of Alex Garcia. All present voted “Aye.” MOTION PASSED.

35118 APPROVE SPECIFICATIONS FOR IFB 2020-B10 METAL BEAM GUARD FENCE (MBGF) MATERIALS AND AUTHORIZE PURCHASING TO SOLICIT FOR BIDS AND ADVERTISE.

A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve specifications for IFB 2020-B10 Metal Beam Guard Fence (MBGF) Materials and authorize Purchasing to solicit for bids and advertise. All present voted “Aye.” MOTION PASSED.

35119 APPROVE SPECIFICATIONS FOR IFB 2020-B11 CULVERTS AND AUTHORIZE PURCHASING TO SOLICIT FOR BIDS AND ADVERTISE.

A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to approve specifications for IFB 2020-B11 Culverts and authorize Purchasing to solicit for bids and advertise. All present voted “Aye.” MOTION PASSED.

35120 AUTHORIZE THE PARKS DEPARTMENT TO PAVE A PORTION OF THE WINTERS MILL TRAIL PARKING AREA IN THE AMOUNT OF $11,215.00 AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Shell stated that the work will be performed by the Hays County Transportation department and will be quickly repaired. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the Parks Department to pave a portion of the Winters Mill Trail parking area in the amount of $11,215.00 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35121 AUTHORIZE THE EXECUTION OF AN AMENDED CONTRACT WITH THE DEPARTMENT OF STATE HEALTH SERVICES (DSHS) FOR THE INFECTIOUS DISEASE SURVEILLANCE AND EPIDEMIOLOGY ACTIVITIES (IDCU/SUREB) GRANT.

A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the execution of an amended contract with the Department of State Health Services (DSHS) for the Infectious Disease Surveillance and Epidemiology Activities (IDCU/SUREB) grant. All present voted “Aye.” MOTION PASSED. 35122 AUTHORIZE THE EXECUTION OF AN EQUIPMENT CALIBRATION & MAINTENANCE AGREEMENT WITH FARRWEST ENVIRONMENTAL SUPPLY, INC. RELATED TO THE MAINTENANCE OF HAZMAT MONITORING EQUIPMENT FUNDED THROUGH THE OFFICE OF THE GOVERNOR, HOMELAND SECURITY GRANTS PROGRAM.

A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the execution of an Equipment Calibration & Maintenance Agreement with FarrWest Environmental Supply, Inc. related to the maintenance of HazMat Monitoring Equipment funded through the Office of the Governor, Homeland Security grants program. All present voted “Aye.” MOTION PASSED.

35123 AUTHORIZE A WAIVER TO THE PURCHASING POLICY FOR THE SHERIFF'S OFFICE TO UTILIZE CPI/GUARDIAN FOR A PROPERTY AND EVIDENCE PACKAGING SYSTEM FOR THE NEW JAIL ADDITION AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize a waiver to the purchasing policy for the Sheriff's Office to utilize CPI/Guardian for a Property and Evidence Packaging System for the New Jail Addition and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** APRIL 28, 2020 35124 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICE AGREEMENT (PSA) BETWEEN HAYS COUNTY AND LNV, L.L.C. TO PROVIDE PROFESSIONAL ENGINEERING AND OTHER DESIGN SUPPORT SERVICES RELATED TO A WIMBERLEY VALLEY MULTI-MODAL AND TRAIL EXTENSION AS PART OF THE 2016 ROAD BOND PROGRAM.

Commissioner Shell stated this item is part of the Bond program. The community input process may be delayed due to Covid-19, but he is looking forward to starting this project. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Professional Service Agreement (PSA) between Hays County and LNV, L.L.C. to provide professional engineering and other design support services related to a Wimberley Valley Multi-Modal and Trail Extension as part of the 2016 Road Bond Program. All present voted “Aye.” MOTION PASSED.

35125 SELECT WSB ENGINEERING TO PERFORM ENGINEERING DESIGN SERVICES FOR TURN LANE IMPROVEMENTS TO FM 2770 NEAR THE FLINT HILLS DISTRIBUTION TERMINAL AND AUTHORIZE STAFF AND COUNSEL TO NEGOTIATE A CONTRACT.

Commissioner Jones stated this item will finalize the agreement to complete the turn lane which was under a five-year deadline to complete the donation. A motion was made by Commissioner Jones seconded by Commissioner Shell, to select WSB Engineering to perform engineering design services for turn lane improvements to FM 2770 near the Flint Hills Distribution terminal and authorize staff and counsel to negotiate a contract. All present voted “Aye.” MOTION PASSED.

35126 AMEND THE CPL CONTRACT TO INCLUDE ALL COVID-19 TESTING THAT IS FEDERALLY SUPPORTED AS RECEIVED AN EMERGENCY USE AUTHORIZATION BY THE FDA AND APPROVED BY THE HAYS COUNTY HEALTH DEPARTMENT.

The Court had discussion on the types of test that are federally supported versus FDA approved testing. Judge Becerra explained this amendment is to expand the variety of testing that may be administered by CPL. Alex Villalobos, Emergency Management Coordinator, and Tammy Crumley, County Wide Operations Director, took part in the discussion to provide input on best practices and types of testing that are currently being used in the county. A motion was made by Commissioner Jones, seconded by Commissioner Smith to amend the CPL contract to include all COVID-19 testing that is federally supported as received an emergency use authorization by the FDA and approved by the Hays County Health Department. All present voted “Aye.” MOTION PASSED.

35127 AUTHORIZE A SALARY EXCEPTION AT THE 25TH PERCENTILE FOR THE MEDICAL ASSISTANT, SLOT 1130-001 AT THE HAYS COUNTY LOCAL HEALTH DEPARTMENT FOR THE TB PROGRAM.

Tammy Crumley, County Wide Operations Director, spoke to the court presenting the qualification and work history of the applicant she would like to hire for this position. The Court noted they were pleased to have this position filled especially during this time. A motion was made by Commissioner Jones, seconded by Commissioner Smith to authorize a salary exception at the 25th percentile for the Medical Assistant, slot 1130-001 at the Hays County Local Health Department for the TB Program. All present voted “Aye.” MOTION PASSED.

35128 EXECUTE RENEWAL TEST & INSPECTION AGREEMENTS WITH MCS FIRE & SECURITY FOR THE SHERIFF'S OFFICE RELATED TO FIRE ALARM SERVICE & INSPECTIONS AT THE JAIL FACILITY AND FLEET MAINTENANCE BUILDING.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to execute renewal Test & Inspection Agreements with MCS Fire & Security for the Sheriff's Office related to Fire Alarm Service & Inspections at the Jail Facility and Fleet Maintenance Building. All present voted “Aye.” MOTION PASSED.

35129 AUTHORIZE $4,000.00 IN CAPITAL IMPROVEMENTS TO THE JUSTICE OF THE PEACE, PCT. 1-2 OFFICE AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Ingalsbe stated Judge Moreno requested a wall and a window for her office as she currently shares a window with Judge Prado. The Court and Tammy Crumley, County Wide Operation Director, discussed the timing of the installation and thanked the building maintenance department for their work throughout the county. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize $4,000.00 in Capital Improvements to the Justice of the Peace, Pct. 1-2 Office and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** APRIL 28, 2020 35130 APPROVE THE ASSESSMENT AND COLLECTION AGREEMENT WITH ANTHEM MUNICIPAL UTILITY DISTRICT

Jennifer O’Kane, Tax Assessor/Collector, spoke on this item explaining the districts provide utilities, and this is the contract for the County to collect property taxes on their behalf. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve the Assessment and Collection Agreement with Anthem Municipal Utility District. All present voted “Aye.” MOTION PASSED.

35131 ADOPT A RESOLUTION IN SUPPORT OF FINANCIAL RELIEF FOR HAYS COUNTY TAXPAYERS.

Cristin Hearne, made public comments against the current resolution put forth stating the appraisals do not affect the taxes levied but the elected official set that tax rate. She suggested the Court change the roll back rate during this pandemic. She commented on another agenda item stating she was not in favor of the mail-in voting for the upcoming elections. Dan Lyon, Hays County resident, made public comments by thanking the court for their efforts of tax relief. He commented unfavorably on the appraisal district increase of his property appraisal, and the memberships of realtors on the appraisal board. Judge Becerra stated that this resolution is to encourage the State to help with tax relief and to show support for citizens of the county. The Court had a lengthy discussion of their future efforts to help the citizens of Hays County through the upcoming budget process. They discussed asking the State for assistance with property taxes and any other tools they can provide to the counties. They also talked about different outreach groups that can help citizens with the struggles they are facing during this pandemic. Alex Villalobos, Chief of Staff and Emergency Management Coordinator, spoke to the court about drive through testing sites. A motion was made by Judge Becerra, seconded by Commissioner Shell to adopt a Resolution in Support of Financial Relief for Hays County Taxpayers. All present voted “Aye.” MOTION PASSED.

DISCUSSION AND POSSIBLE ACTION TO INITIATE A PUBLIC PROCESS TO REVIEW AND UPDATE THE HAYS COUNTY TRANSPORTATION PLAN AND TO MAKE RECOMMENDATIONS TO THE CAMPO TRANSPORTATION POLICY BOARD ON THE PUBLIC PROCESS AND SUBSTANCE OF THE CAMPO TRANSPORTATION 2045 DRAFT PLAN.

Sam Branno, San Marcos resident, made public comments on the first amendment right, to peaceably assemble and in favor of removing all county restrictions for Covid-19. He went on to say that he is in opposition of the road bonds because the current transportation plan should be challenged since two felons were on the citizens committee of the 2013 transportation plan. Louis Parks, Citizens Alliance for Responsible Development, asked the court to postpone the CAMPO 2045 planned vote on May 4th to allow time for the public to educate, organize, and comment on the proposals. Second, he stated to remove some of the roads proposed for western Hays as it would take away from the natural beauty of the area. Casey Cutler, Driftwood Historical Conservation Society, gave a public comment stating the society wants to ensure the community investment to create the FM- 150 plan is included in the 2020 draft CAMPO plan and the Transportation plan he would like the CAMPO 2020 plan and the Transportation master plan. Jim Camp read a letter from Patrick Cox, Executive Director of Trinity Edwards Springs Protection Association and David Baker, Wimberley Valley Watershed Association stating ground water is an essential resource. Hays County should reevaluate road construction and dedicate resources and funds to watershed protection conservation, easements, parks, and open spaces. Jim Camp made a public comment thanking the Court and First responders for their services during this crisis. He supported the requests of Patrick Cox and David Baker. John Kroll, Dripping Springs City Council member, commented that Dripping Springs is growing rapidly and has not had substantive transportation improvements in years. He asked that the court not alter or change the citizens input and hours worked at the last minute. Bill Bunch, Save Our Springs Alliance, made public comments to the Court to request an extension from CAMPO of the public comments after the draft plan is posted. He stated the map posted on the CAMPO website is incorrect. He also requested a review and update of the 2013 Transportation plan. Lisa Prewitt, San Marcos resident, echoed the request of Bill Bunch, the previous speaker. She also commented on some of the positive changes to the environment and ways of doing business as a result of social distancing due to Covid-19. Roy Whey, Alliance of Progressive Environmentalist, was present in support of the previous speakers. He commented that the environment can not heal itself as fast as society can make changes. He requested a postponement as the previous speakers. Judge Becerra announced that he received hundreds of emails from concerned citizen on this agenda item. Commissioner Jones announced the 2013 plan is currently being worked on by K Friese & Associates. The court held discussion over several points made by the public regarding specific roads included in the 2045 plan. Commissioner Jones noted that a delay was unlikely as the other 20 metropolitan organizations have not requested a delay. Jones noted that a delay could cause the county to lose out on opportunities to obtain federal stimulus funds. He stated that even though something is submitted to CAMPO it does not necessarily mean that it will be built. Commissioner Shell stated that he would like to see more coordination between Hays County and surrounding municipalities as each have their own plans. Commissioner Smith stated that as elected official they should all take time to listen to their constituents’ opinions and review the information that has been submitted to their offices. Commissioner Ingalsbe said moving forward she would like to have the community’s input for the plans. No action was taken.

Clerk’s Note: Executive Session began at 10:33 a.m. and resumed back into open court at 10:40 a.m.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** APRIL 28, 2020 35132 ADOPT A POLICY FOR THE CONSIDERATION OF UTILITY PERMIT APPLICATIONS FOR CROSSING OR BORING UNDER COUNTY ROADS, PURSUANT TO THE COURT'S ACTION ON APRIL 21, 2020, AS RECOMMENDED BY STAFF.

Commissioner Shell spoke on this item stating a policy has been created by staff. Judge Becerra noted that the pipeline is not going away or deleted in any way. Mark Kennedy, General Counsel, noted the policy will be submitted to back up and was presented to the Court. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to adopt a policy regarding permits for Kinder Morgan’s crossing of county roads in Hays County. All present voted “Aye.” MOTION PASSED.

Clerk’s Note: Executive Session began at 1:15 p.m. and resumed back into open court at 3:50 p.m.

35133 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ALL INDIVIDUAL POSITIONS IN THE HAYS COUNTY OFFICE OF EMERGENCY SERVICES. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

A motion was made by Commissioner Shell, seconded by Commissioner Smith to terminate the employment of the Director of the Office of Emergency Services effective the end of day April 30, 2020 and authorize paid administrative leave between now and termination, and also request that the department of Human Resources coordinate with the Office of Emergency Services for transitioning. Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, and Commissioner Smith voted “Aye.” Judge Becerra voted “No.” 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 INDIGO. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

No action was taken.

EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.087 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS ASSOCIATED WITH PROJECT RECOIL. 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 COUNTYWIDE OPERATIONS. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

No action was taken.

Clerk’s Note Agenda Item #33 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 $53,118.00 for the week of April 19 - April 25, 2020. The number of males was 135 inmates and zero female inmates. No action taken.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** APRIL 28, 2020 Clerk’s Note Agenda Item #35 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED.

Clerk’s Note Agenda Item #37 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 3:43 p.m.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** MAY 1, 2020

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 1ST DAY OF MAY 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:

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 ELAINE H. CÁRDENAS, COUNTY CLERK, BEING PRESENT THROUGH VIDEO CONFERENCE THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS:

Judge Becerra called the meeting to order.

PUBLIC COMMENTS

No comments were made.

35134 DECLARE AN EMERGENCY PURSUANT TO TEXAS LOCAL GOVERNMENT CODE, CH. 111.010(C) FOR SMALL BUSINESS RETENTION PURSUANT TO CHAPTER 381 OF THE TEXAS LOCAL GOVERNMENT CODE TO ALLOCATE $500,000 FROM THE GENERAL FUND RESERVES FOR A SMALL BUSINESS RETENTION PROGRAM TO BE ADMINISTERED BY THE GREATER SAN MARCOS PARTNERSHIP ALONG WITH OTHERS OF OUR COMMUNITY AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Shell introduced the item by stating he and Judge Becerra had taken part of a task force that partnered with local Chambers of Commerce. The Greater San Marcos Partnership assisted with organizing surveys to understand the business community at this time and put together the guidelines for the program. Commissioner Shell proposed allocating funds for the proposed small business grant program, with the understanding to approve an agreement in court at a later date. The Commissioners discussed the economic impact Covid-19 has had on businesses. The Court discussed the options of using different funds to allocate towards the program. Marisol Villarreal-Alonzo, Auditor, took part in the discussion as to which account would be best to use for this program. Judge Becerra stated testing should be included along with funds to open businesses. The Court further discussed testing for businesses and the current qualifications by the CDC for someone to receive a test. Mark Kennedy, General Counsel, spoke to the court on the options available for this item to move forward. Commissioner Shell stated that this item was a way to show support to business owners. Judge Becerra spoke on several points in the program that he did not support. He made suggestions to the court for the final draft of the program. The Court is in support of Judge Becerra taking part in the committee to finalize the guidelines for the program. Commissioner Smith stated that he hopes that some of the community partners would create like-minded programs in support of business communities. A motion was made by Commissioner Shell, seconded by Commissioner Smith to declare an emergency pursuant to Texas Local Government Code, Ch. 111.010(c) for Small Business retention pursuant to Chapter 381 of the Texas Local Government Code to allocate $500,000 from the General Fund Reserves for a Small Business Retention Program to be administered by the Greater San Marcos Partnership along with others of our community and amend the budget accordingly, and we can come back to approve this agreement and to approve the payment of the funds to the Partnership once the Court has approved on an agreement. All present voted “Aye.” MOTION PASSED.

35135 DECLARE AN EMERGENCY PURSUANT TO TEXAS LOCAL GOVERNMENT CODE, CH. 111.010(C) RELATED TO FINANCIAL ASSISTANCE FOR THE FOLLOWING SOCIAL SERVICES ENTITIES AND THE FOLLOWING AMOUNTS; CASA $10,000, HAYS COUNTY CHILD PROTECTIVE BOARD $10,000, GREATER SAN MARCOS YOUTH SHELTER $20,000, SOUTHSIDE COMMUNITY CENTER $20,000, HAYS CALDWELL WOMEN'S

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** MAY 1, 2020 CENTER $20,000, AND COMMUNITY ACTION $20,000, AND AUTHORIZE THE EXECUTION OF A NEW FUNDING AGREEMENT WITH EACH OF THESE ENTITIES AS PRESENTED IN EXECUTIVE SESSION THE ABOVE MONEY SHALL COME FROM GENERAL FUND RESERVES AND THE BUDGET SHALL BE AMEND WHICH IS THE REASON FOR THE COURTS FINDING UNDER CHAPTER 111 OF THE TEXAS LOCAL GOVERNMENT CODE.

The Commissioners and Judge thanked Commissioner Ingalsbe for her work to bring this item to court. Mark Kennedy noted that the County currently holds funding agreements with the mention entities, but will be revised to include the scope of Covid-19. Commissioner Ingalsbe spoke about her conversations with some of the groups. She stated that they were appreciative of additional funding. Some groups stated they are seeing a decline at the moment, but are anticipating a surge of services once schools open and people return to doctors’ office for regular visits, as these are common referral sites. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to declare an emergency pursuant to Texas Local Government Code, Ch. 111.010(c) related to financial assistance for the following Social Services entities and the following amounts; CASA $10,000, Hays County Child Protective Board $10,000, Greater San Marcos Youth Shelter $20,000, Southside Community Center $20,000, Hays Caldwell Women's Center $20,000, and Community Action $20,000, and authorize the execution of a new funding agreement with each of these entities as presented in Executive Session the above money shall come from General Fund Reserves and the budget shall be amend which is the reason for the courts finding under Chapter 111 of the Texas Local Government Code. All present voted “Aye.” MOTION PASSED.

Clerk’s Note: Executive Session began at 3:33 p.m. and resumed back into open court at 3:50 p.m.

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 RECOIL. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

No action was taken.

ADJOURNMENT

A motion was made by Judge Becerra, seconded by Commissioner Jones to adjourn court at 4:47 p.m.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** MAY 12, 2020

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 12th DAY OF MAY 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.

WITH ELAINE H. CÁRDENAS, COUNTY CLERK AND VALERIE VALDEZ, DEPUTY CLERK, BEING PRESENT THROUGH VIDEO CONFERENCE THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS:

Pastor Josh Murillo, 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

Sam Brannon, Hays County resident, gave a public comment noting the November election and the new system dealing with paper ballots. He voiced concerns that a post-election audit has not been conducted at this time. He also asked the Court to oversee the mail in ballot process and give the Elections office direction on how to move forward. Rodrigo Amaya, Hays County resident, gave a public comment thanking the Commissioners for their handling of the Covid-19 crisis. He also stated that there is confusion about testing sites and the qualifications to get a test. Harvey Jenkins, San Marcos resident, gave a public comment regarding citizen’s fear and his opposition on the termination of Raul Reyes, Emergency Service Director, as a Hays County employee. Dan Lyon, San Marcos resident, gave public comments, regarding his previous statement that Texas State University buses are causing pollution by shuttling without passengers. He also commented on his opposition to the increase of his home appraisal. He read aloud the County disbursements. Frank Arredondo, LULAC Council President and San Marcos resident, made public comments regarding his opposition of the recent termination of Raul Reyes, Emergency Service Director, and Jessica Mejia, Census Program Coordinator, as Hays County employees. He announced an Open Record Request has been submitted pertaining to the employment and termination of the mentioned employees.

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

Rodrigo Amaya, Hays County resident, made public comments stating Judge Becerra has given inaccurate information about testing sites. He also noted that he was pleased with the termination of Raul Reyes, Emergency Service Director, by the Court. Alex Villalobos, Emergency Manager Coordinator and Chief of Staff, gave the Court updates on the testing that took place on Sunday May 10th in Wimberley and Dripping Springs. The results of the test will be sent to Alex Villalobos, Judge Becerra, and the Health Department. He spoke about a scaled plan to open the Government Center June 1st with limited access. The District Courts, County Courts, and other County departments are planning and preparing supplies needed to open their offices. He noted testing will take place in Buda for Government officials and their staff administered by Baylor/Scott and White. Commissioner Smith thanked the National Guard for their assistance with the testing sites in Dripping Springs and Wimberley. Judge Becerra spoke on the need for testing and the decision making process for the placement of testing sites. He thanked the community for doing their best to follow the government’s orders and recommendations. Commissioner Shell thanked the staff for organizing the testing sites. He inquired on a time frame for the test results. Alex Villalobos responded 36 to 48 hours the results would be sent to the Health department, Judge Becerra, and himself. Commissioner Jones asked about Baylor/Scott and White testing location. Mike Jones, Emergency Preparedness Coordinator, responded that Baylor/Scott and White will test on their own location in Buda. Commissioner Ingalsbe inquired about the demand and supply of personal protective equipment. Alex Villalobos gave the update that orders are now being almost or completely filled, but noted as positive test increase the inventory will become stressed again. He also spoke about chemicals needed for disinfecting. Tammy Crumley, County Wide Operations Director, announced 23 tests have been administered at the Local Health Department, 198 administered by Act Premier, and two referrals pending. She stated 1,077 tests are remaining from the 1,300 test that were available. She stated no one is turned away unless they are

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** MAY 12, 2020 from out of county. A person with Medicaid will be referred to another location. She announced the call volume is not there and her department is working on ways to get the information out to the community. Flyers are to be posted on the East side in English and Spanish. She announced testing is available for anyone, but you must call to set an appointment and get screened before arriving at a test site. No action was taken.

35136 ADOPT A PROCLAMATION DECLARING MAY 6-12, 2020 AS NATIONAL NURSES WEEK.

Commissioner Jones thanked the court for including this item. He noted his daughters are nurses. He hoped through this pandemic that nurses receive the recognition they so richly deserve. Amy Wolf, Communicable Disease Coordinator for Hays County, read aloud a statement written by a fellow nurse. The statement was about the long hours worked and personal dedication nurses give to their patients. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to adopt a Proclamation declaring May 6-12, 2020 as National Nurses Week. All present voted “Aye.” MOTION PASSED.

35137 ADOPT A PROCLAMATION DECLARING MAY 10-16, 2020 AS POLICE WEEK AND MAY 15, 2020 AS PEACE OFFICERS MEMORIAL DAY.

Sheriff Gary Cutler spoke to the Court about the recent loss of San Marcos Police Officer Putnam. He stated officers know the dangers they face when they put on their badge. He said Hays County has the best of the best. Sergeant Jeff Jordan thanked the Court for their recognition of officers. He read aloud the six officers names and end of watch dates that are on the National Law Enforcement Memorial in Washington D.C. He ended by encouraging everyone to visit the Memorial website and join the virtual candlelight vigil Wednesday night. The Court members expressed their appreciation for law enforcement. Further discussion was had with Sergeant Jordan about future plans for a memorial in Hays County. A motion was made by Commissioner Smith, seconded by Commissioner Shell to adopt a Proclamation declaring May 10-16, 2020 as Police Week and May 15, 2020 as Peace Officers Memorial Day. All present voted “Aye.” MOTION PASSED.

PRESENTATION ON THE 2020 CENSUS BY JESSICA MEJIA, HAYS COUNTY CENSUS COORDINATOR, AND ANNOUNCEMENT OF THE CENSUS ART CONTEST WINNERS OF "BECAUSE I COUNT/PORQUE YO CUENTO".

Anita Collins, Executive Assistant to the Hays County Judge, spoke to the Court. She announced the Art contest winner would not be announced nor would the presentation be given. She gave the court a time line of the events that have taken place for the Census effort. She also read a letter to the court from Jessica Mejia. The letter stated Jessica Mejia felt that she was unfairly let go from her position as she was completing her job assignments. Mark Kennedy, General Counsel, noted to the court that this item is a presentation and does not cover HR matters. The court thanked Anita Collins and Jessica Mejia for their work. No action taken.

35138 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.

35139 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS.

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

35140 APPROVE COMMISSIONERS COURT MINUTES OF APRIL 28, 2020 AND MAY 1, 2020.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve Commissioners Court Minutes of April 28, 2020 and May 1, 2020. All present voted “Aye.” MOTION PASSED.

35141 APPROVE THE PAYMENT OF THE MAY 15, 2020 PAYROLL DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $2,955,000.00 EFFECTIVE MAY 15, 2020 AND POST TOTALS FOR WAGES, WITHHOLDINGS, DEDUCTIONS AND BENEFITS ON THE HAYS COUNTY WEBSITE ONCE FINALIZED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** MAY 12, 2020

A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve the payment of the May 15, 2020 payroll disbursements in an amount not to exceed $2,955,000.00 effective May 15, 2020 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voted “Aye.” MOTION PASSED.

35142 AUTHORIZE THE EXECUTION OF AN AMENDMENT WITH THE DEPARTMENT OF STATE HEALTH SERVICES (DSHS) FOR THE FY2020 COVID-19 CRISIS COAG GRANT IN THE AMOUNT OF $154,794.00 AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the execution of an amendment with the Department of State Health Services (DSHS) for the FY2020 COVID- 19 Crisis CoAg Grant in the amount of $154,794.00 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35143 AUTHORIZE COUNTYWIDE OPERATIONS AND PERSONAL HEALTH TO PURCHASE AN ADVANCE OZOGATION/HYDROXYL MISTING SYSTEM TO BE USED FOR BUILDING SANITATION IN THE AMOUNT OF $38,500.00 WITH 50% ($19,250.00) PAYMENT IN ADVANCE AND THE REMAINING 50% PAYABLE UPON RECEIPT.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize Countywide Operations and Personal Health to purchase an Advance Ozogation/Hydroxyl Misting System to be used for building sanitation in the amount of $38,500.00 with 50% ($19,250.00) payment in advance and the remaining 50% payable upon receipt. All present voted “Aye.” MOTION PASSED.

35144 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR A WEDDING/EVENT CENTER AT 10700 SIGNAL HILL ROAD, AUSTIN, TEXAS 78737.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for a wedding/event center at 10700 Signal Hill Road, Austin, Texas 78737. All present voted “Aye.” MOTION PASSED.

35145 APPROVE AND CONFIRM THE APPOINTMENT OF RODOLFO ESTRADA, AS A RESERVE DEPUTY CONSTABLE, IN THE OFFICE OF HAYS COUNTY CONSTABLE PRECINCT 2, EFFECTIVE MAY 5, 2020.

Constable Torres introduced Rodolfo Estrada. Rodolfo Estrada thanked the court for their time. He stated his work and personal background in Hays County. Judge Becerra swore Officer Rodolfo Estrada into office. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve and confirm the appointment of Rodolfo Estrada, as a Reserve Deputy Constable, in the office of Hays County Constable Precinct 2, effective May 5, 2020. All present voted “Aye.” MOTION PASSED.

35146 AUTHORIZE THE SHERIFF'S OFFICE TO ACCEPT A DONATION TO THE CRIME VICTIM SERVICES PROGRAM AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Ingalsbe stated this was a donation from the Lions Club to the Sheriff’s office for the Crime Victim Services program. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the Sheriff's Office to accept a donation to the Crime Victim Services Program and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35147 APPROVE OUT OF STATE TRAVEL FOR DETECTIVE NELSON WRAY TO ATTEND THE MAC FORENSICS TRAINING COURSE ON SEPTEMBER 14- 25, 2020 IN HOOVER, ALABAMA.

The Court noted they are in support of training. However, they are concerned about travel during this time. Discussion was had since the event is a few months away that should it be canceled, they could get a reimbursement. Sheriff Cutler spoke to the court and mentioned that the training is grant funded. He said it is more likely to be rescheduled than canceled. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve out of state travel for Detective Nelson Wray to attend the Mac

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** MAY 12, 2020 Forensics Training Course on September 14-25, 2020 in Hoover, Alabama. All present voted “Aye.” MOTION PASSED.

35148 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR TWO 2 BEDROOM/2 BATH HOUSES (BUILDINGS 500E & 500I) AT 500 HARMON HILLS COVE, DRIPPING SPRINGS, TX 78620.

Caitlyn Strickland, Development Services Director, stated to the Court that all the on-site sewage facilities have met all the current rules and regulations, and there are no variances requested. A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for two 2 bedroom/2 bath houses (Buildings 500E & 500I) at 500 Harmon Hills Cove, Dripping Springs, TX 78620. All present voted “Aye.” MOTION PASSED.

35149 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR TWO 2 BEDROOM/2 BATH HOUSES (BUILDINGS 510A & 500D) AT 500 HARMON HILLS COVE, DRIPPING SPRINGS, TX 78620.

Caitlyn Strickland, Development Services Director, stated to the Court that all the on-site sewage facilities have met all the current rules and regulations, and there are no variances requested. A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for two 2 bedroom/2 bath houses (Buildings 510A & 500D) at 500 Harmon Hills Cove, Dripping Springs, TX 78620. All present voted “Aye.” MOTION PASSED.

35150 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR TWO 2 BEDROOM/2 BATH HOUSES (BUILDINGS 510B & 500J) AT 500 HARMON HILLS COVE, DRIPPING SPRINGS, TX 78620.

Caitlyn Strickland, Development Services Director, stated to the Court that all the on-site sewage facilities have met all the current rules and regulations, and there are no variances requested. A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for two 2 bedroom/2 bath houses (Buildings 510B & 500J) at 500 Harmon Hills Cove, Dripping Springs, TX 78620. All present voted “Aye.” MOTION PASSED.

35151 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR AN EQUIPMENT BARN AND DOG KENNEL FOR A PRIVATE BIRD HUNTING CLUB LOCATED AT 24601 HAMILTON POOL RD, DRIPPING SPRINGS, TX.

A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize On-Site Sewage Facility Permit for an equipment barn and dog kennel for a private bird hunting club located at 24601 Hamilton Pool Rd, Dripping Springs, TX. All present voted “Aye.” MOTION PASSED.

35152 APPROVE UTILITY PERMITS.

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

35153 AUTHORIZE THE JUSTICE OF THE PEACE PCT. 2 OFFICE TO PURCHASE ONE REPLACEMENT DELL LATITUDE 5400 LAPTOP VALUED AT $1,050.16 UTILIZING THE JUSTICE COURT TECHNOLOGY FUND AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the Justice of the Peace Pct. 2 Office to purchase one replacement Dell Latitude 5400 Laptop valued at $1,050.16 utilizing the Justice Court Technology Fund and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35154 ADOPT A RESOLUTION AND RATIFY THE SUBMISSION OF A RENEWAL GRANT APPLICATION TO THE TEXAS INDIGENT DEFENSE COMMISSION FOR THE INDIGENT DEFENSE COORDINATOR GRANT PROJECT IN THE AMOUNT OF $77,292 WHERE THE COUNTY WILL PROVIDE A CASH MATCH OF 33% BEING $25,761.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** MAY 12, 2020 Commissioner Shell called on Efren Chavez, Grants, to speak to the court on this item. Efren Chavez, Grants, stated that this is a renewal application. Commissioner Shell noted this is the same grant but this application covers a different grant period. A motion was made by Commissioner Shell, seconded by Commissioner Smith to adopt a resolution and ratify the submission of a renewal grant application to the Texas Indigent Defense Commission for the Indigent Defense Coordinator grant project in the amount of $77,292 where the County will provide a cash match of 33% being $25,761. All present voted “Aye.” MOTION PASSED.

Clerk’s Note Agenda Item #22 RE: AUTHORIZE THE ACCEPTANCE OF A REVISED GRANT AWARD FROM THE TEXAS INDIGENT DEFENSE COMMISSION (TIDC) FOR THE INDIGENT DEFENSE COORDINATOR PROGRAM ADDING AN ADDITIONAL AMOUNT OF $6,105.00 TOTALING $67,446.00 AND AMEND THE BUDGET ACCORDINGLY. – WAS PULLED.

Sam Brannon, Hays County resident, made a public comment in favor of pulling agenda item 22. He stated that he is not against having a Defense Coordinator. He is concerned about the agreement to establish a public Defender’s Office, and moving away from the current Court Appointed Attorney process.

35155 APPROVE A THREE (3) MONTH CONTRACT EXTENSION WITH SI MECHANICAL, LLC RELATED TO IFB 2017-B06 FOR AIR CONDITIONING & HEATING SERVICES FOR A PERIOD NOT TO EXCEED AUGUST 31, 2020.

Commissioner Smith thanked the Auditor’s office on their work to get a bid packet together for this item to move forward. A motion was made by Commissioner Smith, seconded by Commissioner Shell to approve a three (3) month contract extension with SI Mechanical, LLC related to IFB 2017-B06 for Air Conditioning & Heating Services for a period not to exceed August 31, 2020. All present voted “Aye.” MOTION PASSED.

35156 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR 2 MECHANIC SHOPS, A WELDING SHOP, AND A TIRE SHOP LOCATED AT 15095 CAMINO REAL, KYLE, TEXAS 78640.

A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for 2 mechanic shops, a welding shop, and a tire shop located at 15095 Camino Real, Kyle, Texas 78640. All present voted “Aye.” MOTION PASSED.

35157 AUTHORIZE THE COUNTY JUDGE TO EXECUTE CHANGE ORDER #1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN HAYS COUNTY AND LJA ENGINEERING RELATED TO RIGHT OF WAY COORDINATION SERVICES ALONG COTTON GIN ROAD IN PRECINCT 2 EXECUTED ON OR ABOUT DECEMBER 10, 2019.

A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize the County Judge to execute Change Order #1 to the Professional Services Agreement between Hays County and LJA Engineering related to right of way coordination services along Cotton Gin Road in Precinct 2 executed on or about December 10, 2019. All present voted “Aye.” MOTION PASSED.

35158 APPROVAL OF REQUEST MADE BY MARIA CLAPP FOR REFUND OF PENALTIES AND INTEREST ON HER 2019 PROPERTY TAX PAYMENT, CITING SECTION 33.011(K) OF THE TEXAS PROPERTY TAX CODE.

Dan Lyon, San Marcos resident, gave a public comment requesting Jennifer O’Kane, Tax Assessor/Collector; propose a plan to help property owners lower their taxes during this economic crisis. He mentioned that she is a member of the Hays County Appraisal District board and asked if she could help lower the appraisals. Jennifer O’Kane explained her position as the Tax Assessor/Collector is to send out the tax bills and collect the money in a timely manner; she does not influence the process of tax rates. She works on the budget for the CAD board not the property values. Jennifer O’Kane, Tax Assessor/Collector explained to the court the property owner had not received her copy of the bill from the mortgage company causing her to become delinquent. She is using this property tax code for the court’s consideration of a refund. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approval of request made by Maria Clapp for refund of penalties and interest on her 2019 property tax payment, citing Section 33.011(k) of the Texas Property Tax Code. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** MAY 12, 2020 35159 APPROVAL OF REQUEST MADE BY VICTORIA WONG FOR REFUND OF PENALTIES AND INTEREST ON HER 2019 PROPERTY TAX PAYMENTS, CITING SECTION 33.011(J) OF THE TEXAS PROPERTY TAX CODE.

Jennifer O’Kane, Tax Assessor/Collector, explained to the court the property owner provided a sworn statement from the UPS store stating the payment was made before the deadline. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approval of request made by Victoria Wong for refund of penalties and interest on her 2019 property tax payments, citing Section 33.011(j) of the Texas Property Tax Code. All present voted “Aye.” MOTION PASSED.

35160 SELECT BINKLEY & BARFIELD INC. TO PERFORM ENGINEERING DESIGN SERVICES FOR EXTENSION OF A PORTION OF CR266 AND AUTHORIZE STAFF AND COUNSEL TO NEGOTIATE A CONTRACT.

Commissioner Ingalsbe announced to the court these engineering services are to design a cul-de-sac providing access to current and future developments. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to select Binkley & Barfield Inc. to perform engineering design services for extension of a portion of CR266 and authorize staff and counsel to negotiate a contract. All present voted “Aye.” MOTION PASSED.

35161 AUTHORIZE THE COUNTY JUDGE TO EXECUTE CHANGE ORDER NO. 2 FOR A TIME EXTENSION TO A PROFESSIONAL SERVICES AGREEMENT BETWEEN HAYS COUNTY AND KLOTZ ASSOCIATES, INC. DBA RPS TO PROVIDE PROFESSIONAL ENGINEERING AND OTHER DESIGN SUPPORT SERVICES RELATED TO THE FM 621 SAFETY IMPROVEMENTS PROJECT AS PART OF THE 2016 ROAD BOND PROGRAM.

Commissioner Ingalsbe noted this is a time extension to continue design work. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute Change Order No. 2 for a time extension to a Professional Services Agreement between Hays County and Klotz Associates, Inc. dba RPS to provide professional engineering and other design support services related to the FM 621 Safety Improvements Project as part of the 2016 Road Bond Program. All present voted “Aye.” MOTION PASSED.

35162 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND RPS INFRASTRUCTURE, INC. TO PROVIDE PROFESSIONAL ENGINEERING AND OTHER DESIGN SUPPORT SERVICES RELATED TO THE FM 621 SAFETY IMPROVEMENTS PROJECT AS PART OF THE 2016 ROAD BOND PROGRAM AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Ingalsbe stated this is a major safety improvement project to include shoulders and widening of roads. She has heard from concerned citizens who are worried about this dangerous area. The Transportation Department helped to find funding for this projects. The Court thanked Commissioner Ingalsbe for her work to get this completed. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute a Professional Services Agreement (PSA) between Hays County and RPS Infrastructure, Inc. to provide professional engineering and other design support services related to the FM 621 Safety Improvements Project as part of the 2016 Road Bond Program and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35163 AUTHORIZE THE COUNTY JUDGE TO EXECUTE CONTRACT AMENDMENT NO. 1 FOR HNTB CORPORATION ON THE FM 2001 REALIGNMENT (EXTENSION OF WHITE WING TRAIL) AKA OVERPASS ROAD WEST PROJECT AS PART OF THE 2016 ROAD BOND PROGRAM.

Mark Kennedy, General Counsel, noted that White Wing Trial’s official name is Overpass Road. Commissioner Jones stated this will give the County an opportunity to do some renovations to this area to become more traffic friendly. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Judge to execute Contract Amendment No. 1 for HNTB Corporation on the FM 2001 Realignment (Extension of White Wing Trail) aka Overpass Road West project as part of the 2016 Road Bond Program. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** MAY 12, 2020 35164 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A CONTRACT BETWEEN HAYS COUNTY AND HNTB CORPORATION TO PROVIDE PROFESSIONAL ENGINEERING AND OTHER DESIGN SUPPORT SERVICES RELATED TO THE FM 2001 SAFETY IMPROVEMENTS WEST (SUNBRIGHT) PROJECT AS PART OF THE 2016 ROAD BOND PROGRAM.

Commissioner Jones stated this allows the county to increase the scope for HNTB to add a retaining wall that was not included in the original design. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Contract between Hays County and HNTB Corporation to provide professional engineering and other design support services related to the FM 2001 Safety Improvements West (Sunbright) project as part of the 2016 Road Bond Program. All present voted “Aye.” MOTION PASSED.

35165 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A CONTRACT AMENDMENT NO. 2 FOR AMERICAN STRUCTUREPOINT, INC ON THE RM 3237 SAFETY IMPROVEMENTS PROJECT FROM RM 12 TO RM 150 AS PART OF THE 2016 ROAD BOND PROGRAM.

Commissioner Shell stated that the 3237 project is a part of 2016 bond program. The program took on every intersection from 3237 with 12 except for Flight Acers. He would like the court to consider looking at that intersection including Flight Acers. The project includes turning lanes and widening of shoulders. The intersection currently only contains a warning light, but would need a signal light in the future. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the County Judge to execute a Contract Amendment No. 2 for American Structurepoint, Inc on 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.

35166 GRANT A VARIANCE TO CHAPTER 721.5.07(C) OF THE HAYS COUNTY DEVELOPMENT REGULATIONS REGARDING THE K-BAR-MAC SUBDIVISION, LOT 2A-1, REPLAT.

Caitlyn Strickland, Development Services Director, stated K-Bar-Mac is a recorded subdivision located off of 290 in Precinct 4. The variance request is in regards to shared access drive-ways. The drive way in question is .3759 of a mile, however it has been in existence since 1997, so no change will need to be made. The owners are just updating to comply with current rules and regulations. The proposed subdivision would divide the 14.716 acres into two equal lots, water service would be provided by individual private wells, and waste water services will be accomplished by onsite sewage facilities. Commissioner Smith noted this is the same configuration since 1997. A motion was made by Commissioner Smith, seconded by Commissioner Shell to grant a variance to Chapter 721.5.07(C) of the Hays County Development Regulations regarding the K-Bar-Mac Subdivision, Lot 2A-1, Replat. All present voted “Aye.” MOTION PASSED.

35167 GRANT A VARIANCE TO CHAPTER 715.3.01(C) OF THE HAYS COUNTY DEVELOPMENT REGULATIONS REGARDING THE KEY RANCH AT THE POLO CLUB, LOT B-1, REPLAT.

Caitlyn Strickland, Development Services Director, stated Key Ranch at the Polo Club is a recorded subdivision located in Precinct 4. The proposed replat will divide the 11.43 acres into two lots, water service would be provided by West Travis County PUA, and waste water services will be provided by individual onsite sewage facilities. The variance request in regards to a requirement of a water availability study. When the subdivision was built the properties were on well water, however they now have water access to a public supply. Commissioner Smith thanked the property owners for their partnership with PUA. If the variance goes through PUA will run water supply under 290 and also connect to a nearby school. A motion was made by Commissioner Smith, seconded by Commissioner Shell to grant a variance to Chapter 715.3.01(C) of the Hays County Development Regulations regarding the Key Ranch at the Polo Club, Lot B-1, Replat. All present voted “Aye.” MOTION PASSED.

35168 ACCEPT THE RESIGNATION OF BILL GOODWIN AND THE APPOINTMENT OF JOHN CREVELING TO THE BOARD OF DIRECTORS OF THE WEST TRAVIS COUNTY PUBLIC UTILITY AGENCY (THE “WTCPUA”).

Commissioner Smith noted the appointment is done by the members of the WTCPUA board, but the Commissioners Court approves the appointment. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to accept the resignation of Bill Goodwin and the appointment of John Creveling to the Board of Directors of the West Travis County Public Utility Agency (the “WTCPUA”). All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** MAY 12, 2020 EXECUTE A CONTRACT FOR FILM PRODUCTION RELATED TO CENSUS OUTREACH. CENSUS COMPLETE COUNT COMMITTEE APPROVED THE USE OF UP TO $4,000 OF CONTRACT SERVICES PROVIDED BY THE UNITED WAY FOR GREATER AUSTIN GRANT TO FILM A "COUNT ME NOW" PSA TO BE DISTRIBUTED ON SOCIAL MEDIA, STREAMING CHANNELS AND OTHER VENUES AS THEY ARE SECURED.

Discussion was had regarding the funds listed in the backup to this item, as well as which court members would participate in the PSA. Anita Collins, Executive Assistant to the County Judge, spoke to the board about the details of the two PSAs to be filmed. Vickie Dorsett, Auditor’s Office, spoke to the court regarding expenditures for the Census effort that may need to be added to a future agenda and others that have already been approved. After further discussion about the allocation of funding, the decision was made to bring this item back to court at a future date. No action was taken.

DISCUSSION AND POSSIBLE ACTION TO CONSIDER A COUNTYWIDE SOLUTION FOR THE PUBLIC TO ENTER COUNTY FACILITIES USING A TECHNOLOGY-BASED SYSTEM.

Brittany Richey, Treasurer, spoke to the court with a plan to allow the public to enter the Government Center. She suggested using a kiosk with a numbering system and sending the customer a text when it is their turn to enter the building. Some of the County offices already have an agreement with a company for a numbering system. Jeff McGill, Information Technology Director, spoke to the Court stating the system would be upgraded from its current state. Discussion was had between the court and Marisol Villarreal-Alonzo, Auditor, about the bidding process, Covid-19 grant funds, and how that would affect this purchase. The court decided to have draft document drawn up from the current technology and bring back to court at a future date. No action was taken.

35169 EXECUTE A $1,844 MAINTENANCE AGREEMENT WITH NEMO-Q, INC. FOR THE COUNTY CLERK'S OFFICE RELATED TO THE VIRTUAL CUSTOMER QUEUING SYSTEM AS BUDGETED IN THE RECORDS MANAGEMENT FUND.

Commissioner Jones stated this a maintenance contract for the current system that is used by the Count Clerk’s Office. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to execute a $1,844 Maintenance Agreement with NEMO-Q, Inc. for the County Clerk's Office related to the virtual customer queuing system as budgeted in the Records Management Fund. All present voted “Aye.” MOTION PASSED.

35170 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN INTERLOCAL COOPERATIVE AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN HAYS COUNTY, HAYS COUNTY CONSTABLE FOR PRECINCT #4, THE HAYS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1, AND THE HAYS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 2.

Commissioner Smith stated these expenses are covered under the contract with the water board. Constable Ron Hood, Precinct 4, announced this is extension of their services to cover the other parts of Belterra subdivision. A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize the County Judge to execute an Interlocal Cooperative Agreement for Law Enforcement Services between Hays County, Hays County Constable for Precinct #4, the Hays County Water Control and Improvement District No. 1, and the Hays County Water Control and Improvement District No. 2. All present voted “Aye.” MOTION PASSED.

35171 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN HAYS COUNTY, THE CITY OF DRIPPING SPRINGS, THE DRIPPING SPRINGS INDEPENDENT SCHOOL DISTRICT, AND THE DRIPPING SPRINGS COMMUNITY LIBRARY DISTRICT, RELATED TO PLANNING AND CONSTRUCTION OF THE TOWN CENTER PROJECT.

Discussion was held between the court members about wording in the agreement, along with Mark Kennedy, General Counsel. A motion was made by Commissioner Smith, seconded by Commissioner Jones to authorize the County Judge to execute an Interlocal Agreement between Hays County, the City of Dripping Springs, the Dripping Springs Independent School District, and the Dripping Springs Community Library District, related to planning and construction of the Town Center Project. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** MAY 12, 2020 35172 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN HAYS COUNTY AND TEXAS WATER TRADE, RELATED TO HAYS COUNTY'S FINANCIAL APPLICATION ASSOCIATED WITH THE CLEAN WATER STATE REVOLVING FUND.

Commissioner Shell stated this PSA would be beneficial to the County. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the County Judge to execute a Professional Services Agreement between Hays County and Texas Water Trade, related to Hays County's financial application associated with the Clean Water State Revolving Fund. All present voted “Aye.” MOTION PASSED.

35173 EXECUTE A MASTER SERVICES AND PURCHASING AGREEMENT WITH AXON ENTERPRISE, INC. RELATED TO THE LAW ENFORCEMENT IN-CAR CAMERA SYSTEM AND BODY WORN CAMERA-TASER PROGRAM.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to execute a Master Services and Purchasing Agreement with Axon Enterprise, Inc. related to the Law Enforcement In-Car Camera System and Body Worn Camera-Taser Program. All present voted “Aye.” MOTION PASSED.

35174 APPROVE A RESOLUTION APPROVING A FIRST SUPPLEMENT TO INDENTURE OF TRUST RELATING TO THE “HAYS COUNTY, TEXAS SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2015 (LA CIMA PUBLIC IMPROVEMENT DISTRICT MAJOR PUBLIC IMPROVEMENT PROJECT)”, A FIRST AMENDMENT TO FINANCING AGREEMENT, AND OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE.

Julie Houston, Bond Counsel, from Law firm of Orrick, spoke to the Court noting a change. The Trustee requested that the effective date could be listed May 12, 2020, if was approved in court, however the effective date would be inserted once the court received 51% consent of the bond holders. The Bond Trustee will keep the Court updated on the percent submitted. A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve a Resolution approving a First Supplement to Indenture of Trust relating to the “Hays County, Texas Special Assessment Revenue Bonds, Series 2015 (La Cima Public Improvement District Major Public Improvement Project)”, a First Amendment to Financing Agreement. All present voted “Aye.” MOTION PASSED.

Clerk’s Note: Executive Session began at 11:25 a.m. and resumed back into open court at 11:38 a.m.

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.

Clerk’s Note: Executive Session began at 12:25 p.m. and resumed back into open court at 1:19 p.m.

35175 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ALL INDIVIDUAL POSITIONS IN THE HAYS COUNTY OFFICE OF EMERGENCY SERVICES. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

A motion was made by Commissioner Smith, seconded by Commissioner Ingalsbe to terminate the employment and the appointment of the Hays County Fire Marshall, effective May 15, 2020; and to authorize the use of administrative leave between now and that date. Commissioner Ingalsbe, Commissioner Jones, and Commissioner Smith voted “Aye.” Commissioner Shell and Judge Becerra voted “No.” 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 RECOIL. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** MAY 12, 2020 Commissioner Shell gave the court an update on this item. He handed out information to review over the next week and suggested the court send any feedback to Jason Giulietti, Greater San Marcos Partnership, to incorporate into the plans of the project. No was action taken.

Clerk’s Note Agenda Item #48 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 THE HAYS COUNTY OFFICE OF COUNTYWIDE OPERATIONS. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT. – WAS PULLED.

Commissioner Smith requested to hold item 48 in open court. The court had discussion with Mark Kennedy, General Counsel, about their options to have Executive Session in open court. Mark Kennedy advised that by holding Executive Session in open court it would waive attorney-client privilege. Second speaking about matters of personnel issues the court should not mention sensitive information such as medical or social security numbers. At any time the court could decide to move the discussion to Executive Session. Clarification was made by Mark Kennedy that no voting or action was made by the court in Executive Session to terminate Jessica Mejia, Census Program Coordinator. Tammy Crumley, County Wide Operation Director, spoke to the Court about a meeting held with Jessica Mejia and Sherri Miller, HR Director based on the direction given by the court. The Court further discussed the actions that took place the previous week in Executive Session. Commissioner Smith announced he would pull the item and bring it back to court next week to allow Jessica Mejia a chance to attend court.

Clerk’s Note Agenda Item #49 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 report from the Sheriff’s office. The average number of inmates was 409, the peak was 416 the week of May 3, 2020 – May 9, 2020. The estimated cost to outsource is $46,496. The average number of outsourced males was 130 and 0 females.

Clerk’s Note Agenda Item #51 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 #52 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 #53 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED.

ADJOURNMENT A motion was made by Judge Becerra, seconded by Commissioner Jones to adjourn court at 1:37 p.m.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** MAY 19, 2020

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 19th DAY OF MAY 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 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.

THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS:

Reverend Javier Maldonado, of 7th Day Adventist Church, read a letter submitted by Lisa Strauss of Buda United Methodist Church. 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

Jordan Buckley, Hays County resident, made public comments regarding his opposition for the lack of Criminal Justice Coordinating Commission meetings. He stated the commission has not met in six months. He also added they missed an opportunity to apply for over a million dollars of funding. Naomi Narvaiz, Hays County resident, made public comments reading a passage from the bible, Luke 19, about a tax collector. She requested the court help lower taxes for the citizens of Hays County. Dan Lyon, San Marcos resident, read the Hays County disbursements. Angela Villescaz, Hays County resident, made public comments regarding Hays County resolving personnel issues without involving lawsuits. She suggested more Human Resource training.

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

Tammy Crumley, County Wide Operations Director, gave the court an update of the tests used to date and the number of remaining tests. She announced she will be attending a training class for Contact Tracing Program. The court had discussion with Tammy Crumley about more information on the course. Mike Jones, Emergency Preparedness Coordination, was present in court to help answer questions regarding testing sights and results. Alex Villalobos, Emergency Management Coordinator/Chief of Staff, spoke to the court regarding testing procedures for nursing home facilities. No action was taken.

UPDATE FROM CRIMINAL JUSTICE ADVISORY COMMISSION REGARDING THE GRANT APPLICATION FROM THE TEXAS INDIGENT DEFENSE COMMISSION FOR THE PUBLIC DEFENDER'S OFFICE.

Commissioner Ingalsbe announced the next scheduled meeting for the Criminal Justice Advisory Commissioner is May 28th, 2020. She did note that the Commission took time off for the Holidays and COVID-19. She wanted to highlight the things the Commission has accomplished. She noted the Commission may still have an opportunity to move forward on obtaining funds even though the priority deadline was missed. The Court discussed the changes that have been made due to COVID-19. No action was taken.

35176 APPROVE PAYMENTS OF COUNTY INVOICES.

Marisol Villarreal-Alonzo, Auditor, noted a change per email from Jerry Borcherding, Director of Transportation, to add for an invoice to DNS Concrete Contractors for of $202,991.25 approved by the department head Commissioner, to be paid out of the 2016 Road Bond Fund 034. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve payments of County invoices. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** MAY 19, 2020 35177 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.

35178 APPROVE COMMISSIONERS COURT MINUTES OF MAY 12, 2020.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve Commissioners Court Minutes of May 12, 2020. All present voted “Aye.” MOTION PASSED.

35179 APPROVE THE PAYMENT OF THE MAY 31, 2020 PAYROLL DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $3,900,000.00 EFFECTIVE MAY 29, 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 May 31, 2020 payroll disbursements in an amount not to exceed $3,900,000.00 effective May 29, 2020 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voted “Aye.” MOTION PASSED.

35180 AUTHORIZE THE SUBMISSION OF A GRANT APPLICATION FOR THE CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING PROGRAM THROUGH THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the submission of a grant application for the Coronavirus Emergency Supplemental Funding Program through the U.S. Department of Justice, Bureau of Justice Assistance. All present voted “Aye.” MOTION PASSED.

35181 APPROVE SPECIFICATIONS FOR RFP 2020-P12 CUSTOMER MANAGEMENT QUEUING SYSTEM AND AUTHORIZE PURCHASING TO SOLICIT FOR PROPOSALS AND ADVERTISE.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve specifications for RFP 2020-P12 Customer Management Queuing System and authorize Purchasing to solicit for proposals and advertise. All present voted “Aye.” MOTION PASSED.

35182 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR 2 OFFICE BUILDINGS LOCATED AT 100 CANYONWOOD DRIVE, DRIPPING SPRINGS, TEXAS 78620.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to Authorize On-Site Sewage Facility Permit for 2 office buildings located at 100 Canyonwood Drive, Dripping Springs, Texas 78620. All present voted “Aye.” MOTION PASSED.

35183 APPROVE UTILITY PERMITS.

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

35184 APPROVE THE CANCELATION OF THE HAYS COUNTY COMMISSIONERS COURT ON MAY 26, SEPTEMBER 1, AND NOVEMBER 3, 2020.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve the cancelation of the Hays County Commissioners Court on May 26, September 1, and November 3, 2020. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** MAY 19, 2020 35185 AUTHORIZE THE JUSTICE OF THE PEACE PCT. 1-2 OFFICE TO PURCHASE TWO REPLACEMENT DELL LATITUDE 5400 LAPTOPS VALUED AT $2,100.32 UTILIZING THE JUSTICE COURT TECHNOLOGY FUND AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the Justice of the Peace Pct. 1-2 Office to purchase two replacement Dell Latitude 5400 Laptops valued at $2,100.32 utilizing the Justice Court Technology Fund and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35186 ACCEPT THE FISCAL YEAR 2019 NORTH HAYS COUNTY EMERGENCY SERVICES DISTRICT #1 AUDIT REPORT PER TEXAS HEALTH AND SAFETY CODE 775.082.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to accept the Fiscal Year 2019 North Hays County Emergency Services District #1 Audit Report per Texas Health and Safety Code 775.082. All present voted “Aye.” MOTION PASSED.

35187 ACCEPT THE FISCAL YEAR 2019 HAYS COUNTY EMERGENCY SERVICES DISTRICT #6 AUDIT REPORT PER TEXAS HEALTH AND SAFETY CODE 775.082.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to accept the Fiscal Year 2019 Hays County Emergency Services District #6 Audit Report per Texas Health and Safety Code 775.082. All present voted “Aye.” MOTION PASSED.

35188 ACCEPT THE FISCAL YEAR 2019 HAYS COUNTY EMERGENCY SERVICES DISTRICT #9 AUDIT REPORT PER TEXAS HEALTH AND SAFETY CODE 775.082.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to Accept the Fiscal Year 2019 Hays County Emergency Services District #9 Audit Report per Texas Health and Safety Code 775.082. All present voted “Aye.” MOTION PASSED.

35189 ACCEPT THE FISCAL YEAR 2019 HAYS COUNTY EMERGENCY SERVICES DISTRICT #2 AUDIT REPORT PER TEXAS HEALTH AND SAFETY CODE 775.082.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to accept the Fiscal Year 2019 Hays County Emergency Services District #2 Audit Report per Texas Health and Safety Code 775.082. All present voted “Aye.” MOTION PASSED.

35190 AUTHORIZE A WAIVER TO THE PURCHASING POLICY FOR THE TRANSPORTATION DEPARTMENT TO UTILIZE CHEMICAL WEED CONTROL, INC. RELATED TO HERBICIDE TREATMENTS FOR THREE (3) NRCS FLOOD CONTROL DAMS LOCATED IN SAN MARCOS.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to Authorize a waiver to the purchasing policy for the Transportation Department to utilize Chemical Weed Control, Inc. related to herbicide treatments for three (3) NRCS Flood Control Dams located in San Marcos. All present voted “Aye.” MOTION PASSED.

35191 AUTHORIZE THE COUNTY JUDGE TO EXECUTE ADDITIONAL SERVICE REQUEST NO. 15 WITH HOK FOR WORK RELATED TO THE HAYS COUNTY PUBLIC SAFETY BOND PROJECTS.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute Additional Service Request No. 15 with HOK for work related to the Hays County Public Safety Bond projects. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** MAY 19, 2020 35192 AUTHORIZE THE CENSUS COMPLETE COUNT COMMITTEE TO UTILIZE THE UNITED WAY GRANT FUNDS FOR CENSUS OUTREACH PROGRAMS INCLUDING A WRITING CONTEST, CHILDREN'S STORYBOOK PRODUCTION, REIMBURSEMENT RELATED TO THE "72-HOUR FILM RACE" AND OTHER CENSUS OUTREACH EVENTS AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the Census Complete Count Committee to utilize the United Way grant funds for Census Outreach programs including a Writing Contest, Children's Storybook Production, reimbursement related to the "72-Hour Film Race" and other Census Outreach Events and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35193 AMEND THE DEPARTMENT OF STATE HEALTH SERVICE (DSHS) EMERGENCY PREPAREDNESS PHEP GRANT FOR PERSONAL PROTECTION EQUIPMENT AND SUPPLIES RELATED TO COVID-19.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to amend the Department of State Health Service (DSHS) Emergency Preparedness PHEP grant for Personal Protection Equipment and Supplies related to COVID-19. All present voted “Aye.” MOTION PASSED.

35194 ACCEPT $16,000 IN GRANT CONTRIBUTIONS ON BEHALF OF THE HAYS COUNTY CHILD PROTECTIVE BOARD AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to accept $16,000 in grant contributions on behalf of the Hays County Child Protective Board and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35195 AUTHORIZE THE EXECUTION OF A $3,156.42 SERVICE PROPOSAL WITH FIRETROL PROTECTION SYSTEMS FOR THE JUVENILE DETENTION CENTER RELATED TO FIRE ALARM REPAIRS AND FIRE SPRINKLER SYSTEM INSPECTION AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the execution of a $3,156.42 Service Proposal with Firetrol Protection Systems for the Juvenile Detention Center related to fire alarm repairs and fire sprinkler system inspection and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35196 AUTHORIZE THE COUNTY JUDGE TO EXECUTE PROPOSALS WITH SOUTHWEST SOLUTIONS GROUP FOR STORAGE SYSTEMS AND MEDICAL EQUIPMENT FOR THE PUBLIC SAFETY BOND PROJECTS AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the County Judge to execute Proposals with Southwest Solutions Group for storage systems and medical equipment for the Public Safety Bond projects and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35197 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN HAYS COUNTY AND WSB INC. FOR DESIGN SERVICES RELATED TO A TURN LANE ON FM2770 AND AMEND THE TRANSPORTATION BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Professional Services Agreement between Hays County and WSB Inc. for design services related to a turn lane on FM2770 and amend the Transportation Budget accordingly. All present voted “Aye.” MOTION PASSED.

35198 CALL FOR A PUBLIC HEARING ON JUNE 2ND, 2020 TO DISCUSS APPROVAL OF THE FINAL PLAT OF THE 3-G RANCH ADDITION, SECTION 3, LOT 4, REPLAT. PLN-1427-PC.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** MAY 19, 2020 A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to call for a Public Hearing on June 2nd, 2020 to discuss approval of the final plat of the 3-G Ranch Addition, Section 3, Lot 4, Replat. PLN-1427-PC. All present voted “Aye.” MOTION PASSED.

35199 CALL FOR A PUBLIC HEARING ON JUNE 2ND, 2020 TO DISCUSS FINAL PLAT APPROVAL OF THE REPLAT OF LOT 2A-1, K-BAR-MAC SUBDIVISION, PLN-1407-PC.

A motion was made by Commissioner Smith, seconded by Commissioner Shell to call for a Public Hearing on June 2nd, 2020 to discuss final plat approval of the Replat of Lot 2A-1, K-Bar-Mac Subdivision, PLN- 1407-PC. All present voted “Aye.” MOTION PASSED.

Clerk’s Note: Item 27 was included with Executive Session.

35200 DISCUSSION AND POSSIBLE ACTION TO RECONSIDER ON ORDER OF THE COMMISSIONERS COURT ADDRESSING EMPLOYEE ABSENCES RESULTING FROM COVID-19. A PORTION OF THIS ITEM MAY BE HELD IN 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 Smith, seconded by Commissioner Jones to amend the Order of Commissioners Court Addressing Employee Absences Resulting from COVID-19 to reflect the following in step with CARES Act:

1. Beginning May 20, 2020, employees qualifying for leave under the Order shall, after having used 80 hours of leave, be paid 2/3 wages and may use earned leave to achieve full pay. 2. Beginning May 20, 2020, childcare needs under section 2(b)(5) of the Order shall be determined by Department heads on a case-by-case basis, independent of school closures. 3. Qualified Leave under the Order will track the 12-week time frame for Family Medical Leave Act (FMLA).

This amendment will not impact those employees who have made arrangements with their supervisors to productively work from home. We continue to encourage the use of telework strategies to achieve compliance with CDC guidelines. All present voted “Aye.” MOTION PASSED.

35201 AMEND THE JANITORIAL SERVICE AGREEMENT BETWEEN HAYS COUNTY AND PBS OF TEXAS FOR ADDITIONAL PORTER SERVICES FOR INCREASED SANITATION EFFORTS RELATED TO COVID-19 RESPONSE.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to amend the Janitorial Service Agreement between Hays County and PBS of Texas for additional Porter Services for increased sanitation efforts related to COVID-19 response. All present voted “Aye.” MOTION PASSED

35202 AUTHORIZE THE EXECUTION OF AMENDMENT NO. 1 AND AMENDMENT NO. 2 TO THE STOP LOSS POLICY BETWEEN HAYS COUNTY AND UNITED HEALTHCARE INSURANCE COMPANY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the execution of Amendment No. 1 and Amendment No. 2 to the Stop Loss Policy between Hays County and United Healthcare Insurance Company. All present voted “Aye.” MOTION PASSED

35203 AUTHORIZE A 40% DEPOSIT TO CONFERENCE TECHNOLOGIES, INC. RELATED TO THE BACKEND PROCESSING AND DISPLAY WALL SYSTEM FOR THE NEW PUBLIC SAFETY BUILDING.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize a 40% deposit to Conference Technologies, Inc. related to the Backend Processing and Display Wall System for the new Public Safety Building. All present voted “Aye.” MOTION PASSED

35204 EXECUTE A $3,550 CONTRACT WITH BIG DAY PICTURES RELATED TO FILM PRODUCTION OF A PUBLIC SERVICE ANNOUNCEMENT (PSA) FOR CENSUS OUTREACH.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** MAY 19, 2020 A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to execute a $3,550 contract with Big Day Pictures related to film production of a Public Service Announcement (PSA) for Census Outreach. All present voted “Aye.” MOTION PASSED

35205 ADOPT AND ORDER AUTHORIZING THE SALE OF FIREWORKS BEGINNING THE WEDNESDAY BEFORE THE LAST MONDAY IN MAY AND ENDING AT MIDNIGHT ON THE LAST MONDAY IN MAY, 2020.

A motion was made by Commissioner Shell, seconded by Commissioner Jones to adopt and order authorizing the sale of fireworks beginning the Wednesday before the last Monday in May and ending at midnight on the last Monday in May, 2020. All present voted “Aye.” MOTION PASSED

Clerk’s Note: Executive Session for Items 27, 33, 35-37 began at 10:42 a.m. and resumed back into open court at 12:12 p.m.

35206 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ALL INDIVIDUAL POSITIONS IN THE HAYS COUNTY OFFICE OF EMERGENCY SERVICES. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

A motion was made by Commissioner Jones, seconded by Commissioner Smith to accept the Office of Emergency Services re-grade effective May 19, 2020 as presented:

 Re-grade Emergency Planner/Communication Specialist, slot 0988-001 from a 109 to 111

Appoint Mike Jones as the Interim Director of the Office of Emergency Services effective May 16, 2020, authorizing payment of $1,200 per month during his service in this role. All present voted “Aye.” MOTION PASSED

Appoint Gilbert Watt as the Interim Fire Marshall effective May 16, 2020.

All proposed changes will be funded through salary savings within the Office of Emergency Services budget due to attrition. All present voted “Aye.” MOTION PASSED

Clerk’s Note: Executive Session for item 34 began at 10:01 a.m. and resumed back into open court at 10:11 a.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 OFFICE OF COUNTYWIDE OPERATIONS. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

Velma Ybarra, LULAC member and TX H.O.P.E. member, made public comments regarding equity in the County workplace. Angela Villescaz, LULAC member and advocate for women, made public comments regarding the county’s termination of employee practices. She made suggestions to change the termination process so the county would not have lawsuits placed against them. The Court went into Executive Session and then returned to open court. Jessica Mejia spoke to the court regarding were employment with Hays County. She explained to the court the events that took place the week before. She stated she was not sure if she was terminated or if her position was phased out. She thanked the court for the opportunity. The court thanked her for her work. No action was taken.

35207 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.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to accept the Human Resources proposed re-structure as presented:

 Eliminate part time Human Resource Specialist, slot 0744-001 effective July 1, 2020.  Eliminate part time Risk Manager, slot 0882-001 effective July 16, 2020.  Create one (1) New full-time employee Risk Management Specialist grade 114 effective June 16, 2020.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** MAY 19, 2020 All proposed changes will be funded through salary savings within Human Resources budget. 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 RECOIL. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

Commissioner Shell spoke on this item. He announced final changes would be made and submitted to the court for action. The court held discussion regarding the details of the grant. Specific edits were notated. The decision was made by the court to bring this item back in open court next week. No action was taken.

35208 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 AUDITOR'S OFFICE. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to accept the Auditor’s Office proposed re-grade effective May 19, 2020 as presented:

 Re-grade Senior Internal Auditor, slot 0024-001 grade 116 to an Internal Audit Manager grade 118  Re-grade Fixed Asset Accounting Specialist, slot 0271-016 grade 110 to an Fixed Asset Accountant 1 grade 113

All proposed changes will be funded through salary savings within the Auditor’s Office budget due to attrition. All present voted “Aye.” MOTION PASSED.

Clerk’s Note Agenda Item #38 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 $47,683 for the week of May 10 - May 16, 2020. The number of outsourced males was 134 inmates and zero female inmates. No action taken.

Clerk’s Note Agenda Item #41 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED.

ADJOURNMENT

A motion was made by Judge Becerra, seconded by Commissioner Jones to adjourn court at 12:55 p.m.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JUNE 2, 2020

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 2nd DAY OF JUNE 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:

Jeff Latham, Westover Baptist 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, made public comments regarding the one-page court decorum, stating the Court should follow the 3-minute time frame for all speakers. Sam Brannon, Hays County resident, made public comments regarding his opposition to radical leftism. He stated Judge Becerra and other local leaders need to change their behavior. Harvey Jenkins, Hays County resident, made public comments regarding riots, and asked if the County has a plan in place should any riots occur in Hays County. Dan Lyon, Hays County resident, made public comments regarding the George Floyd riots; he called for peace and freedom, and read the Hays County disbursements.

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

Several staff members gave updates to the Court. Margie Rodriguez, Clinic Manager from the Hays County Health Department gave the count of tests administered to date. Through Premier for first responders, 386 tests have been administered, 63 tests for uninsured and under insured through Live Oak, others with insurance or Medicaid have been referred to Live Oak Health Partners, and a few to the hospital with severe medical conditions. She also spoke about the outreach program the department is working on to ensure all citizens are getting Covid-19 information, including sending out flyers through the school meal distribution program, grocery stores, and clinics throughout the county. The Court thanked Margie Rodriguez and the staff for their work to get citizens informed and tested. Eric Schneider, Hays County Epidemiologist, gave an update of the test results. He informed the Court that the number of positive cases is rapidly increasing. He stated people need to continue to social distance and wear face masks. Commissioner Jones asked for the results of the testing from the nursing homes. Eric Schneider announced 967 tests were administered and 100% came back negative, however there were approximately 60 staff members who were not available for testing, and they are still working on getting those tests administered. Judge Becerra read a letter from Travis Mitchell, Mayor of the City of Kyle, regarding concerns about obtaining Covid-19 data from Hays County and the Health Department. Discussion was had between the Court and Mark Kennedy, General Counsel, regarding the type of information that can be shared with the Mayor of Kyle without breaking HIPPA laws. Ian Harris, Hays County Epidemiologist, spoke to the Court about the Contact Tracing program that the department has implemented. Alex Villalobos, Chief of Staff and Emergency Management Coordination, spoke to the Court regarding the current inventory of personal protective equipment and disinfectant supplies. Mike Jones, Emergency Preparedness Coordinator, spoke to the Court regarding the funds available and changes to purchasing tests. No action was taken.

35209 ADOPT A PROCLAMATION DECLARING JUNE 2020 AS JUNETEENTH MONTH IN HAYS COUNTY.

Commissioner Ingalsbe and Commissioner Shell thanked all the people who were in attendance for Juneteenth for their participation. Constable David Peterson, Precinct 1, spoke to the Court about Juneteenth. He stated it is a day of celebration and history. He introduced Ms. Rose Brooks. She spoke to the court about the changes made to the celebration considering Covid-19. She stated the cake auction was still going to happen to support

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JUNE 2, 2020 the scholarship fund. Pastor Banbury with the Dunbar Heritage Association announced a virtual celebration will be held for Juneteenth to maintain social distancing. The celebration will include music, cooking demonstrations, and a virtual Dunbar 5K fundraiser through Event bright, the registration fee is $20 per participant. The Dunbar 5K will act as a fundraiser for the annual Martin Luther King Jr. march. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to adopt a proclamation declaring June 2020 as Juneteenth month in Hays County. All present voted “Aye.” MOTION PASSED.

35210 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.

35211 APPROVE PAYMENT OF JUROR CHECKS.

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

35212 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.

35213 APPROVE COMMISSIONERS COURT MINUTES OF MAY 19, 2020.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve Commissioners Court Minutes of May 19, 2020. All present voted “Aye.” MOTION PASSED.

35214 AUTHORIZE COUNTYWIDE OPERATIONS/LOCAL HEALTH DEPARTMENT TO PURCHASE TWO LAPTOPS, TWO MONITORS, AND ONE DESK PHONE IN THE AMOUNT OF $3,455.00 THAT WILL BE UTILIZED IN THE TEXAS TRACE HEALTH PROJECT AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize Countywide Operations/Local Health Department to purchase two laptops, two monitors, and one desk phone in the amount of $3,455.00 that will be utilized in the Texas Trace Health Project and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35215 AUTHORIZE THE EXECUTION OF RESOLUTION AND SUBMISSION OF A GRANT APPLICATION TO THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION, CORONAVIRUS SUPPLEMENTAL FUNDING PROGRAM FOR THE HAYS COUNTY PREVENTION AND PREPAREDNESS FOR COVID- 19 IN THE AMOUNT OF $315,505.90.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the execution of Resolution and submission of a grant application to the Office of the Governor, Criminal Justice Division, Coronavirus Supplemental Funding Program for the Hays County Prevention and Preparedness for COVID-19 in the amount of $315,505.90. All present voted “Aye.” MOTION PASSED.

35216 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A DATA USE AGREEMENT WITH THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute a Data Use Agreement with the Texas Health and Human Services Commission. All present voted “Aye.” MOTION PASSED.

35217 APPROVE AND CONFIRM THE APPOINTMENT OF DELTON E. DUGGINS AS DEPUTY CONSTABLE, IN THE OFFICE OF HAYS COUNTY CONSTABLE PRECINCT 4, EFFECTIVE JUNE 2, 2020.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JUNE 2, 2020 Constable Ron Hood introduced Delton Duggins to the Court by giving them an overview of his work history in law enforcement. The Court welcomed Delton Duggins. A motion was made by Commissioner Smith, seconded by Commissioner Shell to approve and confirm the appointment of Delton E. Duggins as Deputy Constable, in the office of Hays County Constable Precinct 4, effective June 2, 2020.All present voted “Aye.” MOTION PASSED.

35218 AUTHORIZE THE HAYS COUNTY COMMISSIONERS COURT TO SUBMIT A REQUEST FOR FUNDS TO THE TEXAS COMPTROLLER'S OFFICE FOR UNCLAIMED CAPITAL CREDITS PURSUANT TO THE TEXAS PROPERTY CODE, SECTION 74.602 AND CERTIFY ANY AVAILABLE FUNDING WILL BE USED PER LOCAL GOVERNMENT CODE, SECTION 381.004.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the Hays County Commissioners Court to submit a request for funds to the Texas Comptroller's Office for unclaimed capital credits pursuant to the Texas Property Code, Section 74.602 and certify any available funding will be used per Local Government Code, Section 381.004. All present voted “Aye.” MOTION PASSED.

35219 AUTHORIZE PAYMENT TO AMG PRINTING FOR $645.00 FOR LETTERHEAD ENVELOPES FOR COUNTY COURTS AT LAW 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 AMG Printing for $645.00 for Letterhead Envelopes for County Courts at Law in which no purchase order was issued as required per County Purchasing Policy. All present voted “Aye.” MOTION PASSED.

35220 AUTHORIZE THE AUDITOR'S OFFICE TO PURCHASE ONE REPLACEMENT DELL LATITUDE 5500 LAPTOP WITH DOCKING VALUED AT $1,808.39 UTILIZING SALARY SAVINGS AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the Auditor's Office to purchase one replacement Dell Latitude 5500 Laptop with Docking valued at $1,808.39 utilizing salary savings and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35221 AMEND VARIOUS DEPARTMENTAL OPERATING, SPECIAL REVENUE AND CAPITAL PROJECT BUDGETS IN PREPARATION FOR FISCAL YEAR 2020 2ND QUARTER FINANCIAL REPORTING.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to amend various departmental operating, special revenue and capital project budgets in preparation for Fiscal Year 2020 2nd Quarter financial reporting. All present voted “Aye.” MOTION PASSED.

35222 AUTHORIZE THE TRANSPORTATION DEPARTMENT TO PURCHASE ONE (1) REPLACEMENT SECURITY CAMERA NETWORK HUB FROM STAR ASSET SECURITY AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the Transportation Department to purchase one (1) replacement Security Camera Network Hub from Star Asset Security and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35223 ACCEPT THE FISCAL YEAR 2019 HAYS COUNTY EMERGENCY SERVICES DISTRICT #8 AUDIT REPORT PER TEXAS HEALTH AND SAFETY CODE 775.082.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to accept the Fiscal Year 2019 Hays County Emergency Services District #8 Audit Report per Texas Health and Safety Code 775.082. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JUNE 2, 2020 35224 ACCEPT THE FISCAL YEAR 2019 HAYS COUNTY EMERGENCY SERVICES DISTRICT #5 AUDIT REPORT PER TEXAS HEALTH AND SAFETY CODE 775.082.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to accept the Fiscal Year 2019 Hays County Emergency Services District #5 Audit Report per Texas Health and Safety Code 775.082. All present voted “Aye.” MOTION PASSED.

35225 AUTHORIZE THE EXECUTION OF A RESOLUTION TO THE OFFICE OF THE SECRETARY OF STATE RELATED TO APPLICATION AND COMPLIANCE OF THREE GRANT AWARDS UNDER THE HELP AMERICA VOTE ACT (HAVA) OF 2002 TO INCLUDE THE HAVA CARES ACT 2020, 2020 ELECTION SECURITY GRANT, AND 2018 ELECTION SECURITY GRANT.

Jennifer Anderson, Elections Administrator, spoke to the Court announcing this resolution required by the State and includes this specific language. Judge Becerra requested that Jennifer Anderson forward communication from the Secretary of State to the Court. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the execution of a Resolution to the Office of the Secretary of State related to application and compliance of three grant awards under the Help America Vote Act (HAVA) of 2002 to include the HAVA Cares Act 2020, 2020 Election Security Grant, and 2018 Election Security Grant. All present voted “Aye.” MOTION PASSED.

35226 ACCEPT A DONATION OF $750.00 TO THE SHERIFF'S OFFICE COMMUNITY OUTREACH DIVISION AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to accept a donation of $750.00 to the Sheriff's Office Community Outreach Division and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35227 RATIFY THE ACCEPTANCE OF RIFLE ACCESSORIES TO THE HAYS COUNTY SHERIFF'S OFFICE SWAT TEAM, A VALUE OF $500.00 AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to ratify the acceptance of rifle accessories to the Hays County Sheriff's Office SWAT Team, a value of $500.00 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35228 RATIFY THE ACCEPTANCE OF CLEANING SERVICES OF SIX PATROL VEHICLES FROM SERVPRO SAN MARCOS/NEW BRAUNFELS A TOTAL VALUE OF $600.00 AND AMEND THE BUDGET ACCORDINGLY.

The Court thanked the Lion’s Club and Servpro for their contributions to the county. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to ratify the acceptance of cleaning services of six patrol vehicles from Servpro San Marcos/New Braunfels a total value of $600.00 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35229 AUTHORIZE PAYMENT TO FRANCIS L. DEAN & ASSOCIATES FOR $577.00 RELATED TO A SPORTS INSURANCE POLICY FOR THE JUVENILE PROBATION DEPARTMENTS SUMMER PROGRAM 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 Francis L. Dean & Associates for $577.00 related to a Sports Insurance Policy for the Juvenile Probation Departments summer program in which no purchase order was issued as required per County Purchasing Policy. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JUNE 2, 2020 35230 AMEND THE SHERIFF'S OFFICE OPERATING BUDGET FOR NEEDED VEHICLE REPAIRS IN WHICH INSURANCE PROCEEDS WERE RECEIVED.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to amend the Sheriff's Office operating budget for needed vehicle repairs in which insurance proceeds were received. All present voted “Aye.” MOTION PASSED.

35231 AUTHORIZE THE DEVELOPMENT SERVICES DEPARTMENT TO PURCHASE THREE DELL WYSE 5470 LAPTOPS, VALUED AT $623.61 EACH, AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the Development Services Department to purchase three Dell Wyse 5470 laptops, valued at $623.61 each, and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35232 AUTHORIZE THE HAYS COUNTY CRIMINAL DISTRICT ATTORNEY TO PURCHASE FOUR (4) REPLACEMENT DELL LAPTOPS, DOCKING STATIONS AND ADAPTERS UTILIZING SALARY SAVINGS AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the Hays County Criminal District Attorney to purchase four (4) replacement Dell Laptops, docking stations and adapters utilizing salary savings and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35233 APPROVE SPECIFICATIONS FOR RFP 2020-P11 ELECTION BALLOT PRINTING, INSERTION AND MAILING SERVICES AND AUTHORIZE PURCHASING TO SOLICIT FOR PROPOSALS AND ADVERTISE.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve specifications for RFP 2020-P11 Election Ballot Printing, Insertion and Mailing Services and authorize Purchasing to solicit for proposals and advertise. All present voted “Aye.” MOTION PASSED.

35234 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A LETTER OF EXTENSION WITH THE TEXAS WORKFORCE COMMISSION RELATED TO THE COUNTY'S INFORMATION RELEASE CONTRACT.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Letter of Extension with the Texas Workforce Commission related to the County's Information Release Contract. All present voted “Aye.” MOTION PASSED.

35235 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN HAYS COUNTY AND LOCKWOOD, ANDREWS & NEWNAM, INC. (LAN) TO PROVIDE PROFESSIONAL ENGINEERING AND OTHER DESIGN SUPPORT SERVICES RELATED TO LOW WATER CROSSINGS IN PRECINCT 3 AS PART OF THE 2016 ROAD BOND PROGRAM.

Commissioner Shell announced this project will help analyze improvements for 3 crossing in Precinct 3. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the County Judge to execute a Professional Services Agreement between Hays County and Lockwood, Andrews & Newnam, Inc. (LAN) to provide professional engineering and other design support services related to Low Water Crossings in Precinct 3 as part of the 2016 Road Bond Program. All present voted “Aye.” MOTION PASSED.

35236 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A SUPPLEMENTAL AGREEMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND REYNOLDS, SMITH & HILLS CS, INC. (RS&H) FOR THE FM 1626 SOUTH CONSTRUCTION MANAGEMENT PROJECT AS PART OF THE PASS-THROUGH FINANCE PROGRAM IN HAYS COUNTY, INCREASING THE COMPENSATION CAP BY $267,336.00 FROM $3,521,819 TO $3,789,155.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JUNE 2, 2020 Commissioner Jones stated this motion is to finish the project on 1626. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Supplemental Agreement No. 2 to the Professional Services Agreement (PSA) between Hays County and Reynolds, Smith & Hills CS, Inc. (RS&H) for the FM 1626 South construction management project as part of the Pass-Through Finance Program in Hays County, increasing the Compensation Cap by $267,336.00 from $3,521,819 to $3,789,155. All present voted “Aye.” MOTION PASSED.

35237 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN HAYS COUNTY AND AMERICAN STRUCTUREPOINT, INC. TO PROVIDE PROFESSIONAL ENGINEERING AND OTHER DESIGN SUPPORT SERVICES RELATED TO THE RM 150 AT RM 12 REALIGNMENT PROJECT AS PART OF THE 2016 ROAD BOND PROGRAM.

Jimmy A. Hall, Hays County resident, made public comments, regarding transparency throughout the selection process for bids on County projects. He suggested the Court come up with a policy to provide the taxpayers with the scoring information for such decisions. Commissioner Smith recused himself as he felt the project was too close to where he lives. Mark Kennedy, General Counsel, spoke to clarify that Commissioner Smith is recused from managing the project, not from voting on the firm. Commissioner Jones noted that in general fees are negotiated after the selection process is complete. Commissioner Shell elaborated on some of the other selection processes the County currently utilizes. Further discussion was had on ways to make the decision process available to the public moving forward. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the County Judge to execute a Professional Services Agreement between Hays County and American Structurepoint, Inc. to provide professional engineering and other design support services related to the RM 150 at RM 12 Realignment project as part of the 2016 Road Bond Program. Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, and Commissioner Smith voted “Aye.” Judge Becerra voted “No.” MOTION PASSED.

Clerk’s Note: Commissioner Shell asked to reopen Item 31 to make an amendment to the motion changing the date from June 16, 2020 to June 23, 2020.

35238 CALL FOR A PUBLIC HEARING ON JUNE 23, 2020 TO ESTABLISH A "NO PARKING" ZONE ON EACH SIDE OF G W HASCHKE LANE FOR BOTH SIDES OF THE BLANCO RIVER.

Dan Lyon made public comments, stating he was opposed to the “No Parking” zone as it limits public access. Discussion was had by the Court and Mark Kennedy, General Counsel, about river access to the public, crossings, and complaints about parking in this area. A motion was made by Commissioner Shell, seconded by Commissioner Jones to call for a public hearing on June 23, 2020 to establish a "No Parking" zone on each side of G W Haschke Lane for both sides of the Blanco River. All present voted “Aye.” MOTION PASSED.

35239 ACCEPT THE ROAD & DRAINAGE CONSTRUCTION BOND RIDER #1060750 FOR A 30-DAY EXTENSION FOR SUNFIELD SUBD., PHASE 2, SECTION 8.

Commissioner Jones stated this is just an extension to complete the work on the bond. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to accept the road & drainage construction bond rider #1060750 for a 30-day extension for Sunfield subd., Phase 2, Section 8. All present voted “Aye.” MOTION PASSED.

35240 ACCEPT THE ROAD CONSTRUCTION & DRAINAGE IMPROVEMENTS, AND ACCEPT THE 2-YEAR MAINTENANCE BOND #PB03016800487M IN THE AMOUNT OF $171,959.33 FOR CALITERRA SUBD., PHASE 3, SECTION 9.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to accept the road construction & drainage improvements, and accept the 2-year maintenance bond #PB03016800487M in the amount of $171,959.33 for Caliterra subd., Phase 3, Section 9. All present voted “Aye.” MOTION PASSED.

35241 ACCEPT THE ROAD CONSTRUCTION & DRAINAGE IMPROVEMENTS, RELEASE OF THE LETTER OF CREDIT #1028 IN THE AMOUNT OF $266,128.00, ACCEPT THE 2-YEAR MAINTENANCE BOND #107226363 IN THE AMOUNT OF $633,171.00, AND ACCEPT THE 1-YEAR REVEGETATION BOND #107226362 IN THE AMOUNT OF $2,990.00 FOR 6 CREEKS SUBD., PHASE 1, SECTION 2.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JUNE 2, 2020 A motion was made by Commissioner Smith, seconded by Commissioner Jones to accept the road construction & drainage improvements, release of the Letter of Credit #1028 in the amount of $266,128.00, accept the 2-year maintenance bond #107226363 in the amount of $633,171.00, and accept the 1-year revegetation bond #107226362 in the amount of $2,990.00 for 6 Creeks subd., Phase 1, Section 2. All present voted “Aye.” MOTION PASSED.

35242 AWARD CONTRACTS FOR IFB 2020-B06 ROADWAY STRIPING TO DIJ CONSTRUCTION, INC.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to award contracts for IFB 2020-B06 Roadway Striping to DIJ Construction, Inc. All present voted “Aye.” MOTION PASSED.

35243 HOLD A PUBLIC HEARING WITH POSSIBLE ACTION TO APPROVE THE FINAL PLAT OF THE REPLAT OF LOT 4, 3-G RANCH ADDITION, SECTION 3; PLN-1427-PC.

Judge Becerra opened the public hearing at 12:02 p.m. No comments were made. Judge Becerra closed the public hearing at 12:02 p.m. Caitlyn Strickland, Development Services Director, stated 3-G Ranch is a recorded subdivision located in Precinct 2, the proposed replat will take the 10 acre lot and subdivide into two equal 5 acre lots, water will be provided by Goforth Water and wastewater will be accomplished by on-site sewage facilities. There are no variances and has full staff recommendation. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to hold a public hearing with possible action to approve the final plat of the Replat of Lot 4, 3-G Ranch Addition, Section 3; PLN-1427-PC. All present voted “Aye.” MOTION PASSED.

35244 HOLD A PUBLIC HEARING WITH POSSIBLE ACTION TO APPROVE THE FINAL PLAT FOR THE REPLAT OF LOT 2A-1, K-BAR-MAC SUBDIVISION; PLN-1407-PC.

Judge Becerra opened the public hearing at 12:03 p.m. No comments were made. Judge Becerra closed the public hearing at 12:03 p.m. Caitlyn Strickland, Development Services Director, stated K-Bar-Mac is a recorded subdivision located off 290 in Precinct 4. The proposed replat will subdivide the 14.716-acre lot into two 7 acre lots, water service will be provided by private wells, and wastewater will be accomplished by on-site sewage facilities. This subdivision has full staff recommendation. A motion was made by Commissioner Jones, seconded by Commissioner Shell to hold a public hearing with possible action to approve the final plat for the Replat of Lot 2A-1, K-Bar-Mac Subdivision; PLN-1407-PC. All present voted “Aye.” MOTION PASSED.

35245 AUTHORIZE THE OFFICE OF GENERAL COUNSEL TO LOCATE WITHIN SUITE 201 OF THE HISTORIC COURTHOUSE; AND TO AUTHORIZE BUILDING MAINTENANCE TO PROVIDE AN ACCESS POINT BETWEEN SUITE 201 AND SUITE 202.

Mark Kennedy, General Counsel, spoke to the court about the rearranging the office space in the courthouse to include all his staff in one location, adjustments for Covid-19, as well as establish a conference room. Janice Jones was nominated to manage the scheduling for the conference room. Mark Kennedy noted previous discussions were had with Jude Prather, Veteran Affairs, who did not have any objections to the modifications. The Court thanked Mark Kennedy for creating the plans of a much-needed conference room in the courthouse. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the Office of General Counsel to locate within Suite 201 of the Historic Courthouse; and to authorize Building Maintenance to provide an access point between Suite 201 and Suite 202. All present voted “Aye.” MOTION PASSED.

35246 ACCEPT THE RESIGNATION OF KASEY MOCK AND THE APPOINTMENT OF BURT DEMENT AS A MEMBER OF THE PARKS AND OPEN SPACE ADVISORY COMMISSION (POSAC).

Commissioner Smith thanked Kasey Mock for his service to the commission. He spoke about Burt Dement and his appointment to the commission. A motion was made by Commissioner Smith, seconded by Commissioner Shell to accept the resignation of Kasey Mock and the appointment of Burt DeMent as a member of the Parks and Open Space Advisory Commission (POSAC). All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JUNE 2, 2020 DISCUSSION AND POSSIBLE ACTION REGARDING THE WIMBERLEY VILLAGE LIBRARY'S PRESENTATION DURING THE JANUARY 28TH COMMISSIONERS COURT MEETING, INCLUDING AN UPDATE ON THE LIBRARY'S PLANS FOR EXPANSION AND A TIMELINE FOR CONSIDERATION BY THE COUNTY FOR PARTICIPATION IN THE PROJECT.

Commissioner Shell brought this item to Court for discussion. The Court reviewed the bond request from the Wimberley Village Library. They talked about setting parameters and looking over the request for any concerns the court may have. Mark Kennedy, General Counsel, discussed some options available to the Court for these plans. No action was taken.

35247 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A FLAT RATE/FIXED FEE CONTRACT FOR PROFESSIONAL SERVICES BETWEEN HAYS COUNTY AND ALLISON, BASS & MAGEE, L.L.P., RELATED TO REDISTRICTING WITHIN HAYS COUNTY AND DISCRETIONARY EXEMPTION PURSUANT TO TEXAS LOCAL GOVERNMENT CODE, CH. 262.024(A)(4) AND AMEND THE BUDGET ACCORDINGLY.

Mark Kennedy, General Counsel, noted the Auditor’s summary and recommending the use of a discretionary exemption pursuant to Texas Local Government Code, Ch. 262.024(a)(4) to be included in the motion. Commissioner Ingalsbe stated that the reason for redistricting is to retain a balance of population. She also stated she is supportive of Allison, Bass & Magee L.L.A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute a Flat Rate/Fixed Fee Contract for Professional Services between Hays County and Allison, Bass & Magee, L.L.P., related to redistricting within Hays County and 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.

DISCUSSION AND POSSIBLE ACTION TO PROVIDE GUIDANCE REGARDING BUSINESS- RELATED TRAVEL FOR HAYS COUNTY EMPLOYEES AS IT RELATES TO COVID-19.

Mark Kennedy, General Counsel, stated there is no action that is required for this item. The Auditor was unable to process purchase orders for out of state travel due to a previous statement made in court. The Court agreed to return to the previous travel planning and payment process to allow for business-related travel. No action was taken.

Clerk’s Note: Executive Session began at 10:10a.m. and resumed back into open court at 11:17a.m.

EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071, 551.074, AND 551.076 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE SECURITY OF THE HAYS COUNTY HISTORIC COURTHOUSE AND EACH INDIVIDUAL POSITION WITHIN THE CONSTABLES OFFICE FOR PRECINCT 1 AS IT RELATES TO SUCH SECURITY AND THE SECURITY OF THE HAYS COUNTY GOVERNMENT CENTER AND EACH INDIVIDUAL POSITION WITHIN THE SHERIFF’S OFFICE AS IT RELATES TO SUCH SECURITY. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

No action was taken.

EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.087 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS ASSOCIATED WITH PROJECT RECOIL. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

Discussion was had regarding the edits that have been made to the proposed document. The court discussed the qualifications regarding wages, number of employees, other donors to the policy, and inclusion of Chambers to the qualifications of the micro loans. No action was taken.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JUNE 2, 2020 EXECUTIVE SESSION PURSUANT TO SECTION 551.071 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL REGARDING A PROPOSED PUBLIC IMPROVEMENT DISTRICT RELATED TO THE RIVERBEND SUBDIVISION IN PRECINCT 1. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

No action was taken.

Clerk’s Note Agenda Item #46 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 inmates was $57,337 for the week of May 24 - May 30, 2020. The number of outsourced inmates was 156 males and 9 females. The number of arrest made by agency are as follows; Buda Police Department - 7, Department of Public Safety – 0, Hays County Sheriff’s Department – 39, this includes court orders commitments, warrant pick- ups from all agencies, and self-surrender warrants from all agencies, Kyle Police Department – 20, San Marcos Police Department - 35, Texas State Police Department – 0. No action taken.

Clerk’s Note Agenda Item #48 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 #49 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 12:53 p.m.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JUNE 9, 2020

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 9th DAY OF JUNE 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:

PUBLIC COMMENTS

Dan Lyon, Hays County resident, made public comments regarding the poverty of Hays County citizens, and he read the county disbursements to the Court.

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

Tammy Crumley, County Wide Operations, stated Premier ER has administered 439 tests, Hays County Health Department administered 76 tests, and Live Oak administered 31 tests. There are 754 tests remaining. She noted the age group 20 - 29 has increased in positive tests. Alex Villalobos, Emergency Management Coordinator and Chief of Staff, gave the Court an update on testing results and supplies received. He stated that the data is showing disproportionate infection rate in some areas, which the County is trying to address. Discussion was had about possible testing locations, possible plans to create rent and utility programs for the County citizens utilizing the CARES Act funds, and outreach to families that live on the borderline of counties. No action was taken.

35248 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.

35249 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS.

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

35250 APPROVE COMMISSIONERS COURT MINUTES OF JUNE 2, 2020.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve Commissioners Court Minutes of June 2, 2020. All present voted “Aye.” MOTION PASSED.

35251 APPROVE THE PAYMENT OF THE JUNE 15, 2020 PAYROLL DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $2,950,000.00 EFFECTIVE JUNE 15, 2020 AND POST TOTALS FOR WAGES, WITHHOLDINGS, DEDUCTIONS AND BENEFITS ON THE HAYS COUNTY WEBSITE ONCE FINALIZED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JUNE 9, 2020 A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve the payment of the June 15, 2020 payroll disbursements in an amount not to exceed $2,950,000.00 effective June 15, 2020 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voted “Aye.” MOTION PASSED.

35252 APPROVE UTILITY PERMITS.

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

35253 AUTHORIZE THE INFORMATION TECHNOLOGY DEPARTMENT TO REPLACE A BUDGETED COUNTY ISSUED PHONE WITH A $45 MONTHLY TELEPHONE ALLOWANCE EFFECTIVE JUNE 16, 2020 FOR THE IT SUPPORT SPECIALIST, SLOT NUMBER 0934-001 AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the Information Technology Department to replace a budgeted county issued phone with a $45 monthly telephone allowance effective June 16, 2020 for the IT Support Specialist, slot number 0934-001 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35254 AUTHORIZE ON-SITE SEWAGE FACILITY FOR AN OFFICE WITH AN APARTMENT LOCATED AT 1300 E HWY 290, DRIPPING SPRINGS, TEXAS 78620.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize On-Site Sewage Facility for an office with an apartment located at 1300 E Hwy 290, Dripping Springs, Texas 78620. All present voted “Aye.” MOTION PASSED.

35255 AUTHORIZE THE HAYS COUNTY CONSTABLE, PCT. 4 OFFICE TO ENTER INTO A STATE PLAN OF OPERATION AGREEMENT WITH THE STATE OF TEXAS TO RECEIVE CERTAIN EXCESS DEPARTMENT OF DEFENSE (DOD) PROPERTY UNDER THE LAW ENFORCEMENT SUPPORT OFFICE (1033/LESO) PROGRAM ADMINISTERED BY THE DEFENSE LOGISTICS AGENCY (DLA).

Shannon Fitzpatrick, League of Women Voters, made a public comment, stating the League is unanimously opposed to the County procuring equipment through the 1033 program. She stated the equipment can have expensive maintenance costs, and this type of equipment militarizes the local law enforcement rather than working to keep the peace. Commissioner Smith presented to the Court using power point. He stated most of the items received through this program in the past have been medical and first aid supplies and the military vehicles have been used to save lives during major flooding events. Constable Hood spoke to the Court; he stated that the equipment procured in the past has been first aid supplies and some personal protective equipment. He stated he is not looking for military weapons or air crafts. A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize the Hays County Constable, Pct. 4 Office to enter into a State Plan of Operation Agreement with the State of Texas to receive certain excess Department of Defense (DOD) property under the Law Enforcement Support Office (1033/LESO) Program administered by the Defense Logistics Agency (DLA). All present voted “Aye.” MOTION PASSED.

35256 AUTHORIZE THE SUBMISSION OF A FLOOD PROJECT ABRIDGED APPLICATION TO THE TEXAS WATER DEVELOPMENT BOARD, FLOOD INFRASTRUCTURE FUND FOR THE HYDRAULIC STUDY OF THE ONION CREEK WATERSHED.

Commissioner Jones stated this study will help get flooding results to Hays County and Travis County. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the submission of a Flood Project Abridged application to the Texas Water Development Board, Flood Infrastructure Fund for the Hydraulic Study of the Onion Creek Watershed. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JUNE 9, 2020 35257 AUTHORIZE AN AMENDMENT TO THE DEPARTMENT OF STATE HEALTH SERVICES (DSHS) PUBLIC HEALTH EMERGENCY RESPONSE (PHEP) HAZARDS GRANT RELATED TO REVISED STAFFING ALLOCATIONS.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize an amendment to the Department of State Health Services (DSHS) Public Health Emergency Response (PHEP) Hazards grant related to revised staffing allocations. All present voted “Aye.” MOTION PASSED.

35258 AUTHORIZE THE SUBMISSION OF A FLOOD PROJECT ABRIDGED APPLICATION TO THE TEXAS WATER DEVELOPMENT BOARD, FLOOD INFRASTRUCTURE FUND FOR THE COMMUNITY FLOOD MITIGATION PROJECT.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the submission of a Flood Project Abridged application to the Texas Water Development Board, Flood Infrastructure Fund for the Community Flood Mitigation Project. All present voted “Aye.” MOTION PASSED.

35259 AUTHORIZE THE EXECUTION OF THE MEMORIAL MARKER HIGHWAY SIGN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) RELATED TO THE JOHN ALLEN MCCARTY MEMORIAL HIGHWAY SIGN; ACCEPT CONTRIBUTIONS OF $7,500.00 AND AMEND THE BUDGET ACCORDINGLY.

Charles Busbey, made public comments, thanking the Court for the dedication of a portion of Highway 290 to John L. McCarty. He stated the John McCarty was a local hero, he entered the Army in 1941 and he was sent to the Philippines and captured. He was forced to participate in the Bataan Death March; he was then held in a war camp and rescued in 1945. Support for the dedication was given by the American Legion Post 290 and VFW 33 as well as contributions from the Knights of Columbus Council in Dripping Springs. The Court thanked the American Legion, VFW, and Knights of Columbus for their continued service to the community. A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize the execution of the Memorial Marker Highway Sign Agreement with the Texas Department of Transportation (TxDot) related to the John Allen McCarty Memorial Highway Sign; accept contributions of $7,500.00 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

Clerk’s Note Agenda Item #14 RE: AUTHORIZE ON-SITE SEWAGE FACILITY FOR HOWARD RANCH STARDUST LOCATED AT 529 CYPRESS DRIVE, DRIFTWOOD, TEXAS 78619. – WAS PULLED.

35260 AUTHORIZE THE BUILDING MAINTENANCE DEPARTMENT TO PURCHASE AND HAVE INSTALLED A NEW MEDIUM DUTY LIFTMASTER ELECTRIC OPERATOR MOTOR FOR THE BAY DOORS LOCATED AT THE GOVERNMENT CENTER AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the Building Maintenance Department to purchase and have installed a new Medium Duty Liftmaster Electric Operator Motor for the bay doors located at the Government Center and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35261 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROPOSAL WITH CONFERENCE TECHNOLOGIES, INC. RELATED TO THE AUDIO VISUAL EQUIPMENT FOR THE NEW PUBLIC SAFETY BUILDING AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute a Proposal with Conference Technologies, Inc. related to the Audio-Visual Equipment for the new Public Safety Building and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35262 APPROVE SPECIFICATIONS FOR IFB 2020-B12 COTTON GIN ROAD IMPROVEMENTS - PHASE 1 AND AUTHORIZE PURCHASING TO SOLICIT FOR PROPOSALS AND ADVERTISE.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JUNE 9, 2020 Commissioner Jones stated the precinct is ready to get started; this is grant money from the GLO. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve specifications for IFB 2020-B12 Cotton Gin Road Improvements - Phase 1 and authorize Purchasing to solicit for proposals and advertise. All present voted “Aye.” MOTION PASSED.

35263 AUTHORIZE BUILDING MAINTENANCE TO UTILIZE EXISTING AND DONATED FUNDS FOR THE REMODEL OF THE HAYS COUNTY CHILD PROTECTIVE BOARD (HCCPB) RAINBOW ROOM LOCATED ON BROADWAY STREET IN SAN MARCOS AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Ingalsbe stated she was excited to get the reconstruction of the Rainbow Room started and she also thanked the County Wide Operations Department for their work with this project. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize Building Maintenance to utilize existing and donated funds for the remodel of the Hays County Child Protective Board (HCCPB) Rainbow Room located on Broadway Street in San Marcos and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35264 CALL FOR A PUBLIC HEARING ON JULY 14, 2020 RELATED TO THE IMPROVEMENTS OF ALL ROADS WITHIN RIVER MOUNTAIN RANCH SUBDIVISION IN PRECINCT 3 PURSUANT TO CHAPTER 253 OF THE TEXAS TRANSPORTATION CODE, AND AUTHORIZE THE OFFICE OF GENERAL COUNSEL TO PUBLISH NOTICE OF SAID HEARING.

Commissioner Shell stated the Court and General Counsel have been working with this subdivision for the past five years. Mark Kennedy, General Counsel, spoke about the options available to the Court following the public hearing. A motion was made by Commissioner Shell, seconded by Commissioner Smith to call for a public hearing on July 14, 2020 related to the improvements of all roads within River Mountain Ranch Subdivision in Precinct 3 pursuant to Chapter 253 of the Texas Transportation Code, and authorize the Office of General Counsel to publish notice of said hearing. All present voted “Aye.” MOTION PASSED.

35265 ACCEPT FISCAL SURETY FOR THE CONSTRUCTION OF ROADWAY AND DRAINAGE IMPROVEMENTS IN THE AMOUNT OF $3,026,133.00 FOR HYMEADOW, SECTION 2, PHASE 1 SUBDIVISION (PERFORMANCE BOND # 70NGP184872).

Commissioner Ingalsbe stated this fiscal surety is to ensure the work is completed. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to accept fiscal surety for the construction of roadway and drainage improvements in the amount of $3,026,133.00 for Hymeadow, Section 2, Phase 1 Subdivision (Performance Bond # 70NGP184872). All present voted “Aye.” MOTION PASSED.

35266 AUTHORIZE EXECUTION OF UTILITY REIMBURSEMENT AGREEMENTS FOR THE FRANCIS HARRIS AND BUNTON LANE PROJECTS, IN PRECINCT 1, WHICH ARE MODIFIED VERSIONS OF THE COURT-APPROVED REIMBURSEMENT AGREEMENTS.

Discussion was had between the Court and Mark Kennedy, General Counsel, regarding additional red line items made to the agreement. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize execution of Utility Reimbursement Agreements for the Francis Harris and Bunton Lane projects, in Precinct 1, which are modified versions of the Court-approved Reimbursement Agreements. All present voted “Aye.” MOTION PASSED.

35267 ACCEPT THE HAVA CARES ACT 2020 GRANT AWARD FROM THE TEXAS SECRETARY OF STATE RELATED TO PREVENTION, PREPARATION AND RESPONSE TO CORONAVIRUS FOR THE 2020 FEDERAL ELECTION CYCLE AND AMEND THE BUDGET ACCORDINGLY.

Jennifer Anderson, Elections Administrator, stated this item is to accept the proposed budget. She stated this grant covers the additional costs related to the Covid-19 Pandemic such as additional cleaning supplies, personal protective equipment, additional mail in ballots and other costs. The Court had questions and concerns regarding curb side voting, mail in ballots, sufficient cleaning supplies, possible temporary facilities and social distancing signage. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to accept the HAVA Cares Act 2020 grant award from the Texas Secretary of State related to prevention, preparation and response to Coronavirus for the 2020 Federal election cycle and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JUNE 9, 2020 35268 EXECUTE THE CORONAVIRUS RELIEF FUND (CRF) ELIGIBILITY CERTIFICATION AND TERMS & CONDITIONS CERTIFICATION AND AUTHORIZE SUBMISSION TO THE TEXAS DEPARTMENT OF EMERGENCY MANAGEMENT (TDEM) PURSUANT TO THE CARES ACT.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to execute the Coronavirus Relief Fund (CRF) Eligibility Certification and Terms & Conditions Certification and authorize submission to the Texas Department of Emergency Management (TDEM) pursuant to the CARES Act. All present voted “Aye.” MOTION PASSED.

35269 AUTHORIZE THE ACCEPTANCE OF A GRANT AWARD FROM THE DEPARTMENT OF JUSTICE (DOJ) OFFICE OF JUSTICE PROGRAMS (OJP) BUREAU OF JUSTICE ASSISTANCE - CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING (CESF) PROGRAM RELATED TO A HAYS COUNTY CITIZEN REPORTING SYSTEM IN THE AMOUNT OF $37,094.00 AND AMEND THE BUDGET ACCORDINGLY.

Stephanie Robinson, Sheriff’s office and Dave Burn, Sheriff’s office, spoke to the Court about the contactless citizens reporting technology. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the acceptance of a Grant Award from the Department of Justice (DOJ) Office of Justice Programs (OJP) Bureau of Justice Assistance - Coronavirus Emergency Supplemental Funding (CESF) Program related to a Hays County Citizen Reporting System in the amount of $37,094.00 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35270 AUTHORIZE THE CONSTABLE PCT. 4 OFFICE TO UTILIZE SALARY SAVINGS TO PURCHASE ESSENTIAL EQUIPMENT FOR THE CONSTABLE'S MOTOR OFFICERS AND AMEND THE BUDGET ACCORDINGLY.

Constable Ron Hood stated the equipment needed for the deputies cost more than he had anticipated. He stated the equipment is necessary to maintain the officer’s safety. He requested Bluetooth, helmets, and rifle optics. A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize the Constable Pct. 4 Office to utilize salary savings to purchase essential equipment for the Constable's Motor Officers and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35271 APPROVE THE APPOINTMENT OF DIXIE CAMP TO THE HAYS COUNTY CHILD PROTECTIVE BOARD, 3 YEAR TERM ENDING 12/31/22.

A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to approve the appointment of Dixie Camp to the Hays County Child Protective Board, 3 year term ending 12/31/22. All present voted “Aye.” MOTION PASSED.

35272 AUTHORIZING THE PURCHASE OF GOVQA FOR PUBLIC INFORMATION ACT REQUEST SOFTWARE MANAGEMENT, IN THE AMOUNT OF $22,100.00, UTILIZING THE TEXAS DEPARTMENT OF INFORMATION RESOURCES (DIR) CONTRACT FOR PRODUCTS AND RELATED SERVICES WITH SHI GOVERNMENT SOLUTIONS, INC. AND AMEND THE BUDGET ACCORDINGLY.

Jordan Powell, General Counsel, explained to the Court how this software would benefit the County and the requestors. She stated there would be a section for frequently asked questions, previous requests made and trending topics requested. Online payments and file size would no longer be an issue. She stated the District Attorney’s office and Sheriff’s office are in support of using salary savings to put towards this software. She also coordinated with Information Technology for approval of the software. The Court was pleased with the coordination between the departments and the efficiency of the software. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorizing the purchase of GovQA for Public Information Act request software management, in the amount of $22,100.00, utilizing the Texas Department of Information Resources (DIR) Contract for Products and Related Services with SHI Government Solutions, Inc. and amend the budget accordingly. . All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JUNE 9, 2020 35273 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN HAYS COUNTY AND DANDY PLANNING, LLC D/B/A GAP STRATEGIES, RELATED TO CONSULTING SERVICES IN THE DEVELOPMENT OF BEST MANAGEMENT PRACTICES AND RECOMMENDATIONS FOR CONSERVATION DEVELOPMENTS WITHIN HAYS COUNTY.

The Court and Mark Kennedy, General Counsel, discussed the selection process that was used to choose the firm whereas there was concern of a conflict of interest. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the County Judge to execute a Professional Services Agreement between Hays County and Dandy Planning, LLC d/b/a Gap Strategies, related to consulting services in the development of best management practices and recommendations for Conservation Developments within Hays County. Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, and Commissioner Smith voted “Aye.” Judge Becerra voted “No.” MOTION PASSED.

DISCUSSION AND POSSIBLE ACTION REGARDING THE EMERGENCY CASH ASSISTANCE PROGRAM (ECAP), ALSO KNOWN AS PROJECT RECOIL, INCLUDING BUT NOT LIMITED TO, THE APPOINTMENT OF AWARD COMMITTEE MEMBERS, FUNDING OF THE PROGRAM, AND THE CONSIDERATION OF PROGRAM GUIDELINES.

The Court and Mark Kennedy, General Counsel, discussed the possibility of other municipalities becoming donors to this project. They also discussed bringing appointments to Court for the committee. No action was taken.

EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071, 551.074, AND 551.076 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE SECURITY OF THE HAYS COUNTY HISTORIC COURTHOUSE AND EACH INDIVIDUAL POSITION WITHIN THE CONSTABLES OFFICE FOR PRECINCT 1 AS IT RELATES TO SUCH SECURITY. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

No action was taken.

35274 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 GENERAL COUNSEL. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

A motion was made by Commissioner Smith, seconded by Commissioner Jones to authorize effective June 16, 2020 a regrade of Administrative Assistant III, Slot 0271-017, in the Office of General Counsel, from Grade 110 to a Grade 112, retitling the position to Public Information Coordinator, approving the job description presented in Executive Session, and amending the budget accordingly. FY 2020 Fiscal Impact is estimated to be $1,936.00. This initiative will consolidate public information responsibilities in one office of the County, which will act as a central clearing house for public information and which will work closely with the Communications Manager (in Human Resources) and other employees responsible for public outreach. All present voted “Aye.” MOTION PASSED.

EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE POSITION OF THE CENSUS COORDINATOR FOR THE COMPLETE COUNT COMMITTEE. 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 COUNTYWIDE OPERATIONS. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

No action was taken.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JUNE 9, 2020 Clerk’s Note Agenda Item #34 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 $59,897 for the week of May 31 - June 6, 2020. The number of outsourced males was 165 inmates and zero female inmates. The number of arrest made by agency are as follows; Buda Police Department - 4, Department of Public Safety – 3, Hays County Sheriff’s Department – 70, this includes court ordered commitments, warrant pick-ups from all agencies, and self-surrender warrants from all agencies, Kyle Police Department – 24, San Marcos Police Department - 35, Texas State Police Department – 5. No action taken.

Clerk’s Note Agenda Item #37 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 12:55 p.m.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JUNE 23, 2020

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 23rd DAY OF JUNE 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 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.

WITH COMMISSIONER PCT. 2 MARK JONES BEING ABSENT AND THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS:

Chaplain Javier Maldonado, of 7th Day Adventist Church, read a letter submitted by Lisa Strauss of Buda United Methodist Church. 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, made public comments regarding financial trouble for Hays County citizens and he read the County disbursements. Rodrigo Amaya, Hays County resident, made public comments expressing concerns about County Judges.

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

Alex Villalobos, Emergency Management Coordinator and Chief of Staff, spoke to the Court regarding testing sites and future testing locations. Discussion was had about coordination between Hays County and surrounding municipalities to conduct testing, preparation for returning college students, and CARES Act funding. Tammy Crumley, County Wide Operations Director, and the Court discussed Covid-19 testing sites regarding wait times and space needed for testing. The Court also discussed communicating to the public which County offices are reopened. Captain Julie Villalpando, Sheriff’s office, stated there are 36 inmates and 9 Corrections officers that have tested positive for Covid-19 despite their best efforts to keep the facility clean and sanitized. Captain Villalpando spoke about the difficulties to maintain social distancing within the jail. Discussion was had about the outsourcing of inmates since other counties are experiencing positive cases and are not allowing additional inmates. No action was taken.

35275 UPDATE FROM THE HAYS COUNTY PARKS AND OPEN SPACE ADVISORY COMMISSION ("POSAC"), REGARDING THEIR PROGRESS PURSUANT TO THE CHARTER ADOPTED BY THE COMMISSIONERS COURT. POSSIBLE ACTION MAY FOLLOW TO MODIFY TIMELINES WITHIN THE CHARTER.

Scott Wade and Karen Ford presented to the Court regarding many of the project that POSAC has worked on. They stated the deadline to determine if they will be added to the bond is August 17,2020. At that time, they will present their recommendations to the Court. Discussion was had about possibly postponing the bond election due to economic impact of Covid-19. Mark Kennedy, General Counsel, noted the motion made will need to be modified in Section 7 in the Charter and would then allow POSAC to modify their bylaws adopted. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to extend the deadline for the final report within the charter from the POSAC from July 14th to July 28th. All present voted “Aye.” MOTION PASSED.

Clerk’s Note: Judge Becerra called for a break that began at 11:52 a.m. and resumed back into open court at 12:03 p.m.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JUNE 23, 2020 35276 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.

35277 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.

35278 APPROVE COMMISSIONERS COURT MINUTES OF JUNE 9, 2020.

A motion was made by Commissioner Shell, seconded by Commissioner Smith to approve Commissioners Court Minutes of June 9, 2020. All present voted “Aye.” MOTION PASSED.

35279 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR AN AUTOMOTIVE DETAILING SHOP LOCATED AT 970 N. SUNSET CANYON DR., DRIPPING SPRINGS, TX 78620.

A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize On-Site Sewage Facility Permit for an Automotive Detailing Shop located at 970 N. Sunset Canyon Dr., Dripping Springs, TX 78620. All present voted “Aye.” MOTION PASSED.

35280 AUTHORIZE THE COUNTY AND DISTRICT CLERK'S OFFICE TO ENTER INTO A PARTICIPATION AGREEMENT WITH TYLER TECHNOLOGIES AND RE:SEARCHTX TO USE THE DOCUMENT SEARCH/RETRIEVAL PORTAL.

Beverly Crumley, District Clerk, spoke to the Court regarding the re:SearchTX portal and the public use of the document search. She explained the different access tiers for the documents, as well as the revenue to the County for the sale of the documents. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the County and District Clerk's office to enter into a Participation Agreement with Tyler Technologies and re:SearchTX to use the document search/retrieval portal. All present voted “Aye.” MOTION PASSED.

35281 AUTHORIZE ON-SITE SEWAGE FACILITY FOR THE HOWARD RANCH STARDUST LOCATED AT 529 CYPRESS DRIVE, DRIFTWOOD, TEXAS 78619.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize On-Site Sewage Facility for the Howard Ranch Stardust located at 529 Cypress Drive, Driftwood, Texas 78619. All present voted “Aye.” MOTION PASSED.

Clerk’s Note Agenda Item #9 RE: AUTHORIZE THE BUILDING MAINTENANCE DEPARTMENT TO HAVE CHAMBERLIN ROOFING & WATERPROOFING REPAIR TWO EXTERIOR WALLS OF THE JACOBS WELL NATURE CENTER THAT WERE DAMAGED IN RECENT FLOODING. – WAS PULLED.

35282 AUTHORIZE ON-SITE SEWAGE FACILITY FOR ORENDER COMPANY INC./DITCH WITCH OF CENTRAL TEXAS, 14951 N IH-35, BUDA, TEXAS 78610.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize On-Site Sewage Facility for Orender Company Inc./Ditch Witch of Central Texas, 14951 N IH-35, Buda, Texas 78610. All present voted “Aye.” MOTION PASSED.

35283 AUTHORIZE THE BUILDING MAINTENANCE DEPARTMENT TO PURCHASE AND HAVE INSTALLED A REPLACEMENT COMMERCIAL GRADE GAS WATER HEATER LOCATED AT THE GOVERNMENT CENTER AND AMEND THE BUDGET ACCORDINGLY.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JUNE 23, 2020 A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the Building Maintenance Department to purchase and have installed a replacement commercial grade gas water heater located at the Government Center and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35284 AUTHORIZE A BUDGET AMENDMENT FOR THE BUILDING MAINTENANCE DEPARTMENT TO COVER ADDITIONAL EXPENSES RELATED TO THE PCT 3 AIR HANDLER UNIT REPLACEMENT.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize a budget amendment for the Building Maintenance Department to cover additional expenses related to the PCT 3 Air Handler Unit replacement. All present voted “Aye.” MOTION PASSED.

35285 AUTHORIZE THE COUNTY JUDGE TO EXECUTE THREE TEXAS WORKFORCE COMMISSION DATA EXCHANGE REQUESTS AND SAFEGUARD PLANS RELATED TO THE COUNTY'S INFORMATION RELEASE CONTRACT.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the County Judge to execute three Texas Workforce Commission Data Exchange Requests and Safeguard Plans related to the County's Information Release Contract. All present voted “Aye.” MOTION PASSED.

35286 AUTHORIZE THE PURCHASE OF 10 SURVEILLANCE CAMERAS UTILIZING THE DEPARTMENT OF STATE HEALTH SERVICES (DSHS) PUBLIC HEALTH EMERGENCY PREPAREDNESS (PHEP) HAZARD GRANT FUNDS AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the purchase of 10 Surveillance Cameras utilizing the Department of State Health Services (DSHS) Public Health Emergency Preparedness (PHEP) Hazard grant funds and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35287 RATIFY THE ACCEPTANCE OF A SKYDIO 2 PRO KIT - NO BEACON DRONE TO THE SHERIFF'S OFFICE HURT PROGRAM (HAYS UNMANNED ROBOTICS TEAM) AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to ratify the acceptance of a Skydio 2 Pro Kit - No Beacon Drone to the Sheriff's Office HURT Program (Hays Unmanned Robotics Team) and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35288 RATIFY THE ACCEPTANCE OF A DONATION OF $500.00 TO THE SHERIFF'S OFFICE COMMUNITY OUTREACH DIVISION AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Smith thanked the organizations for their donations to the Sheriff’s office. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to ratify the acceptance of a donation of $500.00 to the Sheriff's Office Community Outreach Division and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35289 RATIFY THE ACCEPTANCE OF HOSPITAL GRADE DISINFECTING WIPES TO THE HAYS COUNTY SHERIFF'S OFFICE PATROL DIVISION, VALUED AT $2,880.00 AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to ratify the acceptance of hospital grade disinfecting wipes to the Hays County Sheriff's Office Patrol Division, valued at $2,880.00 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35290 AUTHORIZE THE ACCEPTANCE OF A GRANT AWARD FROM THE OFFICE OF THE ATTORNEY GENERAL TO THE SHERIFF'S OFFICE CRIMINAL INVESTIGATION DIVISION FOR THE INVESTIGATIONS OF INTERNET CRIMES AGAINST CHILDREN (ICAC) AND AMEND THE BUDGET ACCORDINGLY.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JUNE 23, 2020 A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the acceptance of a grant award from The Office of the Attorney General to the Sheriff's Office Criminal Investigation Division for the investigations of Internet Crimes Against Children (ICAC) and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35291 AUTHORIZE THE EXECUTION OF THE FY 2020 GRANT AGREEMENT WITH THE U.S. DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION FOR OVERTIME REIMBURSEMENTS RELATED TO THE SHERIFF'S OFFICE ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCE (OCDETF) AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the execution of the FY 2020 Grant Agreement with the U.S. Department of Justice, Drug Enforcement Administration for overtime reimbursements related to the Sheriff's Office Organized Crime Drug Enforcement Task Force (OCDETF) and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35292 APPROVE SPECIFICATIONS FOR RFP 2020-P01 HVAC - MAINTENANCE AND REPAIR SERVICES COUNTYWIDE AND AUTHORIZE PURCHASING TO SOLICIT FOR PROPOSALS AND ADVERTISE.

Judge Becerra stated this is a chance to open to a more universal AC repair. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to approve specifications for RFP 2020-P01 HVAC - Maintenance and Repair Services Countywide and authorize Purchasing to solicit for proposals and advertise. All present voted “Aye.” MOTION PASSED.

35293 APPROVE SPECIFICATIONS FOR RFP 2020-P13 ELECTION FORM PRINTING SERVICES AND AUTHORIZE PURCHASING TO SOLICIT FOR PROPOSALS AND ADVERTISE.

Judge Becerra thanked Jennifer Anderson for her effort in putting together this agenda item. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to approve specifications for RFP 2020-P13 Election Form Printing Services and authorize Purchasing to solicit for proposals and advertise. All present voted “Aye.” MOTION PASSED.

35294 AUTHORIZE THE VETERAN'S ADMINISTRATION OFFICE TO PURCHASE ONE NEW DELL LATITUDE 5400 LAPTOP VALUED AT $1,050.16 AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the Veteran's Administration Office to purchase one new Dell Latitude 5400 Laptop valued at $1,050.16 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35295 APPROVE UTILITY PERMITS.

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

35296 RATIFY THE SUBMISSION OF A GRANT APPLICATION TO THE OFFICE OF JUSTICE PROGRAMS FOR THE BULLETPROOF VEST PARTNERSHIP (BVP) FY2020 IN THE AMOUNT OF $40,959.12 TO ASSIST WITH THE PURCHASE OF BULLETPROOF VESTS.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to ratify the submission of a grant application to the Office of Justice Programs for the Bulletproof Vest Partnership (BVP) FY2020 in the amount of $40,959.12 to assist with the purchase of bulletproof vests. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JUNE 23, 2020 35297 AUTHORIZE THE COUNTY JUDGE TO EXECUTE PROPOSALS WITH LCRA FOR THE PURCHASE OF (12) NEW DISPATCH CONSOLES, DESKTOP RADIOS AND RELATED EQUIPMENT AND TO MOVE (6) EXISTING DISPATCH CONSOLES AND RELATED EQUIPMENT FOR THE PUBLIC SAFETY BOND PROJECTS.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the County Judge to execute Proposals with LCRA for the purchase of (12) new dispatch consoles, desktop radios and related equipment and to move (6) existing dispatch consoles and related equipment for the Public Safety Bond projects. All present voted “Aye.” MOTION PASSED.

35298 AUTHORIZE THE COUNTY JUDGE TO EXECUTE ADDITIONAL SERVICE REQUESTS #01 WITH LACKEY DE CARVAJAL FOR COMMISSIONING AND TEST AND BALANCE SERVICES FOR THE PUBLIC SAFETY BOND PROJECTS.

Commissioner Ingalsbe noted this item is related to the smoke evacuation system. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the County Judge to execute Additional Service Requests #01 with Lackey de Carvajal for Commissioning and Test and Balance services for the Public Safety Bond projects. All present voted “Aye.” MOTION PASSED.

35299 AUTHORIZE THE COUNTY JUDGE TO EXECUTE PROPOSALS WITH MARATHON FITNESS FOR TRAINING EQUIPMENT FOR THE PUBLIC SAFETY BOND PROJECTS AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the County Judge to execute Proposals with Marathon Fitness for training equipment for the Public Safety Bond projects and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35300 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A CHANGE ORDER NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN HAYS COUNTY AND K FRIESE & ASSOCIATES, INC. ON THE LIME KILN ROAD SAFETY AND DRAINAGE IMPROVEMENTS PROJECT AS PART OF THE 2016 ROAD BOND PROGRAM AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Smith stated this is part of the 2016 road bond project. Mark Kennedy, General Counsel noted that the Auditor office the Court to add a finding under exemption per Local Government Code 262.04 (a)(4) for Professional Services Agreement. A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize the County Judge to execute a Change Order No. 3 to the Professional Services Agreement between Hays County and K Friese & Associates, Inc. on the Lime Kiln Road Safety and Drainage Improvements project as part of the 2016 Road Bond Program and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35301 ESTABLISH A "NO PARKING" ZONE ON EACH SIDE OF G W HASCHKE LANE FOR BOTH SIDES OF THE BLANCO RIVER.

Dan Lyon, Hays County resident, made public comments against the “No Parking” zone. Judge Becerra opened the public hearing at 10:58 a.m. Dan Lyon, Hays County resident, spoke during the public hearing. He asked for clarification on the credit earned by the County and to inquire the ownership of the County for the mentioned property. Judge Becerra closed the public hearing at 11:01 a.m. Mark Kennedy stated the County owns 30 feet of right of way on that roadway. A motion was made by Commissioner Shell, seconded by Commissioner Smith to establish a "No Parking" zone on each side of G W Haschke Lane for both sides of the Blanco River. All present voted “Aye.” MOTION PASSED.

35302 RELEASE THE MAINTENANCE BOND #CA2370398 IN THE AMOUNT OF $74,231.70, AND THE ACCEPTANCE OF ROADS INTO THE COUNTY ROAD MAINTENANCE SYSTEM FOR WINDY HILL 24 AC SUBDIVISION.

A motion was made by Commissioner Smith, seconded by Commissioner Shell to release the maintenance bond #CA2370398 in the amount of $74,231.70, and the acceptance of roads into the county road maintenance system for Windy Hill 24 AC subdivision. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JUNE 23, 2020 35303 ACCEPT THE MAINTENANCE BOND EXTENSION #1848963 FOR TWO MONTHS FOR SHADOW CREEK SUBD., PHASE 9, SECTION 2.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to accept the maintenance bond extension #1848963 for two months for Shadow Creek Subd., Phase 9, Section 2. All present voted “Aye.” MOTION PASSED.

35304 ACCEPT THE ROAD CONSTRUCTION & DRAINAGE IMPROVEMENTS, RELEASE OF THE SUBDIVISION BOND #80171662 FOR $1,127,372.10, AND ACCEPT THE 2-YEAR MAINTENANCE BOND #064819K IN THE AMOUNT OF $130,086.89 FOR THE TRAILS AT WINDY HILL SUBD., PHASE 1.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to accept the road construction & drainage improvements, release of the subdivision bond #80171662 for $1,127,372.10, and accept the 2-year maintenance bond #064819K in the amount of $130,086.89 for the Trails at Windy Hill subd., Phase 1. All present voted “Aye.” MOTION PASSED.

35305 SELECT DOUCET & ASSOCIATES FOR CIVIL ENGINEERING DESIGN SERVICES, BINKLEY & BARFIELD INC. FOR UTILITY COORDINATION, AND LJA FOR ROW ACQUISITION SERVICES FOR THE DARDEN HILL/SAWYER RANCH ROAD INTERSECTION ROUND-ABOUT PROJECT AND AUTHORIZE STAFF AND COUNSEL TO NEGOTIATE A CONTRACT.

Commissioner Smith this project is needed as this a dangerous area for the new school. A motion was made by Commissioner Smith, seconded by Commissioner Shell to select Doucet & Associates for Civil Engineering Design Services, Binkley & Barfield Inc. for Utility Coordination, and LJA for ROW Acquisition Services for the Darden Hill/Sawyer Ranch Road Intersection Round-About project and authorize staff and counsel to negotiate a contract. All present voted “Aye.” MOTION PASSED.

35306 SELECT COBB, FENDLEY & ASSOCIATES, INC. TO PROVIDE UTILITY COORDINATION SERVICES FOR RM 967 SAFETY TURN LANES (BUDA SPORTS COMPLEX DRIVE, HAYS CISD HIGH SCHOOL NO. 3, AND OAK FOREST DRIVE INTERSECTIONS) IN PRECINCT 2; AND TO AUTHORIZE STAFF AND COUNSEL TO NEGOTIATE A CONTRACT.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to select Cobb, Fendley & Associates, Inc. to provide utility coordination services for RM 967 Safety Turn Lanes (Buda Sports Complex Drive, Hays CISD High School No. 3, and Oak Forest Drive Intersections) in Precinct 2; and to authorize staff and counsel to negotiate a contract. All present voted “Aye.” MOTION PASSED.

35307 AWARD CONTRACT IFB 2020-B10 METAL BEAM GUARD FENCE (MBGF) MATERIALS TO TEXAS CORRUGATORS.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to award contract IFB 2020-B10 Metal Beam Guard Fence (MBGF) Materials to Texas Corrugators. All present voted “Aye.” MOTION PASSED.

35308 AMEND THE JANITORIAL SERVICE AGREEMENT BETWEEN HAYS COUNTY AND PBS OF TEXAS FOR ADDITIONAL SERVICES RELATED TO ELECTROSTATIC SPRAYING DUE TO THE COVID-19 RESPONSE.

Tammy Crumley, County Wide Operations Director, stated this service will allow for the janitorial staff to come into an office to disinfect using a machine that sprays a fine mist in a few minutes through the office. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to amend the Janitorial Service Agreement between Hays County and PBS of Texas for additional services related to Electrostatic Spraying due to the COVID-19 response. All present voted “Aye.” MOTION PASSED.

35309 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A FACILITY USE AGREEMENT BETWEEN HAYS COUNTY AND TEXAS STATE UNIVERSITY REGARDING A LOCATION TO QUARANTINE HAYS COUNTY FIRST RESPONDERS RELATED TO COVID-19 RESPONSE & RECOVERY.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JUNE 23, 2020 Alex Villalobos, Chief of Staff and Emergency Management Coordinator, and Mark Kennedy, General Counsel, explained this agreement to the Court. Isolation locations have been arranged for first responders and negotiated cost for rooms only when used, so there are no upfront costs to the County. Staff approved this agreement. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the County Judge to execute a Facility Use Agreement between Hays County and Texas State University regarding a location to quarantine Hays County First Responders related to COVID-19 response & recovery. All present voted “Aye.” MOTION PASSED.

35310 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN HAYS COUNTY AND VERA INSTITUTE OF JUSTICE, INC., RELATED TO PROCESSING AND ANALYSIS OF JAIL POPULATION DATA IN HAYS COUNTY.

Commissioner Shell noted that this item was recommended by the Criminal Justice Coordinating Commission. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the County Judge to execute a Memorandum of Understanding between Hays County and Vera Institute of Justice, Inc., related to processing and analysis of jail population data in Hays County. All present voted “Aye.” MOTION PASSED.

35311 ACCEPT THE HAYS COUNTY ASSISTANCE TO VETERANS GRANT AWARD IN THE AMOUNT OF $100,000 FROM THE TEXAS VETERANS COMMISSION; ESTABLISH ONE NEW FULL-TIME VETERANS SERVICES CASEWORKER, GRADE 110 AND AMEND THE BUDGET ACCORDINGLY.

Jude Prather, Veterans Services Officer, spoke to the Court about the qualifications of Michael Hernandez, a new Veterans Service Officer. The Court thanked Jude Prather for his work and welcomed the new officer. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to accept the Hays County Assistance to Veterans grant award in the amount of $100,000 from the Texas Veterans Commission; establish one new full-time Veterans Services Caseworker, grade 110 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35312 AUTHORIZE THE COUNTY JUDGE TO EXECUTE CHANGE ORDER 003 OF THE AGREEMENT BETWEEN HAYS COUNTY AND TURNER CONSTRUCTION COMPANY FOR WORK RELATED TO THE HAYS COUNTY PUBLIC SAFETY BOND PROJECT.

Terri Whitman, ECM, Brenda Jenkins, ECM, Everett Willis, Turner Construction, and Codi Newsom, ECM, presented to the Court an update of the construction as well as information regarding the additional cost for the change order. Discussion was had between ECM, Mark Kennedy, General Counsel, and the Court regarding the additional cost, issues related to the costs, and the finalization of the project. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the County Judge to execute Change Order 003 of the Agreement between Hays County and Turner Construction Company for work related to the Hays County Public Safety Bond project. All present voted “Aye.” MOTION PASSED.

35313 AUTHORIZE THE ADDITIONAL EXPENSE OF INSTALLING LVT (LUXURY VINYL TILE) INSTEAD OF CARPET IN THE PCT 4 BUILDING AS PART OF THE REPAIRS AND REMODEL WORK DUE TO THE RECENT WATER DAMAGE FROM A PIPE BREAK AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Smith stated the carpet was in bad shape having been through two previous floods. The tile is a low-cost alternative. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the additional expense of installing LVT (Luxury Vinyl Tile) instead of carpet in the PCT 4 building as part of the repairs and remodel work due to the recent water damage from a pipe break and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

Mark Kennedy, General Counsel, gave the Court an update on the surrounding municipalities that will participate with the recoil project. The Court discussed bring appointments back to court at the next meeting. No action taken.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JUNE 23, 2020 35314 AUTHORIZE THE SUBMITTAL OF A NOMINATION FORM FOR APPOINTMENT OF LON SHELL TO THE TEXAS WATER DEVELOPMENT BOARD'S (TWDB) REGIONAL FLOOD PLANNING GROUP (RFPG), REGION 11, TO DEVELOP TEXAS' FIRST REGIONAL FLOOD PLANS FOR THIS REGION.

Commissioner Ingalsbe stated that Commissioner Shell would serve Hays County well in this role. She also noted a one-time transfer of $793 million from the state’s economic stabilization fund to help fund the implementation of drainage and flood projects for Texas communities. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Smith to authorize the submittal of a nomination form for appointment of Lon Shell to the Texas Water Development Board's (TWDB) Regional Flood Planning Group (RFPG), Region 11, to develop Texas' first regional flood plans for this region. All present voted “Aye.” MOTION PASSED.

DISCUSSION AND POSSIBLE ACTION TO APPOINT A COMMITTEE TO REVIEW AND RECOMMEND EDITS TO THE CURRENT HAYS COUNTY PURCHASING POLICY, TO INCLUDE SELECTION AND AWARD FOR PROFESSIONAL SERVICE AGREEMENTS.

The Court and Marisol Villarreal-Alonzo, Auditor, discussed updating the purchasing policy, possibly appointing members to a committee, and starting this project after the budget has been completed. No action taken.

Clerk’s Note: Executive Session began at 12:30 p.m. and resumed back into open court at 1:32 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 OFFICE OF EMERGENCY SERVICES. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

No action taken.

35315 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 OR SUPERVISED BY THE HAYS COUNTY OFFICE OF COUNTYWIDE OPERATIONS. ALL OR A PORTION OF THIS ITEM MAY BE HELD IN OPEN COURT. POSSIBLE ACTION IN OPEN COURT.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize modification of the start date reflected on the payroll change notice for slot #0240-001, moving it from June 11, 2020 to May 13, 2020. All present voted “Aye.” MOTION PASSED.

EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071, 551.074, AND 551.076 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE SECURITY OF THE HAYS COUNTY HISTORIC COURTHOUSE AND EACH INDIVIDUAL POSITION WITHIN THE CONSTABLES OFFICE FOR PRECINCT 1 AS IT RELATES TO SUCH SECURITY. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

No action taken.

Clerk’s Note Agenda Item #49 RE: DISCUSSION AND POSSIBLE ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION. – WAS PULLED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JUNE 23, 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 for the current week and previous week. The estimated cost for outsourcing was $61,912 for the week of June 7 – June 13, 2020. The number of arrest made by agency are as follows; Buda Police Department - 5, Department of Public Safety – 1, Hays County Sheriff’s Department – 42, this includes court ordered commitments, warrant pick-ups from all agencies, and self- surrender warrants from all agencies, Kyle Police Department – 31, San Marcos Police Department - 23, Texas State Police Department – 2. The estimated cost for outsourcing was $62,112 for the week of June 14 – June 20, 2020. The number of outsourced males was 167 inmates and females were 13 inmates. The number of arrest made by agency are as follows; Buda Police Department - 1, Department of Public Safety – 1, Hays County Sheriff’s Department – 44, this includes court ordered commitments, warrant pick-ups from all agencies, and self-surrender warrants from all agencies, Kyle Police Department – 25, San Marcos Police Department - 21, Texas State Police Department – 0. No action taken.

Clerk’s Note Agenda Item #51 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY CENSUS PROGRAM INCLUDING UPDATES FROM JESSICA MEJIA. – WAS PULLED.

Clerk’s Note Agenda Item #52 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 #53 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 Shell to adjourn court at 1:38 p.m.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JUNE 30, 2020

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 30th DAY OF JUNE 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:

PUBLIC COMMENTS

Nathan Kasper, called on Judge Becerra to rescind his recent Order making masks mandatory, as it has caused an undue burden to himself and others with medical disabilities that make it difficult to wear a mask. Dan Lyon, Hays County resident, made public comments regarding Hays County debt of $779 million dollars. He then read the Hays County disbursements. Lauren Hubele, San Marcos resident, spoke to the Court regarding racial injustice in the Hays County court system and challenged the Court make changes so they are not condoning or normalizing injustice. Gloria Salazar, requested the Court members conduct surprise visits to the Jail facilities to ensure safety measures are taking place. She also requested the Court send enough notifications about business loans so that all business owners including small businesses have enough time to understand and submit applications. She ended by asking the Commissioners to also look into several families that were recently evicted and asked for assistance in that matter. Jordan Buckley, stated the Jail facilities are not meeting the needs to keep inmates safe from Covid-19. He also thanked the Court for moving forward with a Public Defenders Office. Christine Terrell, San Marcos resident, spoke to the Court regarding the release of people held in the jail awaiting trial. She stated in this era of Covid-19 the County needs to find new ways of doing things.

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

Alex Villalobos, Emergency Management Coordinator and Chief of Staff, thanked his staff for all they are doing during this pandemic. He stated Hays County has tested 4,580 citizens to date. The deployment of the National Guard is set to end at the end of July. There is a plan to utilize private organizations to supplement testing at the end of the deployment. He presented a draft of mobile buildings that can be utilized for testing, isolation, and future uses of voting and shelters after a disaster. Mike Jones, Emergency Management Coordinator, expanded on the details of the reconstruction of the mobile buildings for different capacities. Vickie Dorsett, Assistant County Auditor, discussed with the Court the categories of the CARES Act funds. Tammy Crumley, County Wide Operations Director, spoke to the Court regarding a slow down with lab results as well as a low quantity of available test kits. Discussion was had regarding the demand of testing once students return to the Texas State University for second summer session. No action was taken.

Clerk’s Note: Judge Becerra called for a break that began at 11:52 a.m. and resumed back into open court at 12:03 p.m.

35316 ADOPT A PROCLAMATION DECLARING JULY 2020 AS PARKS AND RECREATION MONTH IN HAYS COUNTY.

Katherine Sturdivant, Education and Outreach Coordinator for Hays County, spoke the Court about the benefits the Parks and Recreation have on the community and well-being of citizens. This proclamation is in honor of the hundreds of volunteers who spend their time on the Parks and Recreation programs. Commissioner Shell thanked the staff for their work. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to adopt a proclamation declaring July 2020 as Parks and Recreation Month in Hays County. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JUNE 30, 2020 35317 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.

35318 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS.

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

35319 APPROVE COMMISSIONERS COURT MINUTES OF JUNE 23, 2020.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve Commissioners Court Minutes of June 23, 2020. All present voted “Aye.” MOTION PASSED.

35320 APPROVE THE PAYMENT OF THE JUNE 30, 2020 PAYROLL DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $3,850,000.00 EFFECTIVE JUNE 30, 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 Shell to approve the payment of the June 30, 2020 payroll disbursements in an amount not to exceed $3,850,000.00 effective June 30, 2020 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voted “Aye.” MOTION PASSED.

35321 AUTHORIZE THE LOCAL HEALTH DEPARTMENT TO PURCHASE TWO PORTABLE BIOSPRAY MACHINES UTILIZING THE DEPARTMENT OF STATE HEALTH SERVICES COVID-19 CRISIS COAG GRANT AWARD.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the Local Health Department to purchase two portable BioSpray machines utilizing the Department of State Health Services COVID-19 Crisis CoAg Grant award. All present voted “Aye.” MOTION PASSED.

35322 AUTHORIZE ON-SITE SEWAGE FACILITY FOR THE HAVENWOOD NATURE SCHOOL AT 1000 HAYS COUNTRY ACRES, DRIPPING SPRINGS, TX.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize On-Site Sewage Facility for the Havenwood Nature School at 1000 Hays Country Acres, Dripping Springs, TX. All present voted “Aye.” MOTION PASSED.

35323 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR A DUPLEX LOCATED AT 316 GREEN PASTURES DR, KYLE, TX 78640.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for a Duplex located at 316 Green Pastures Dr, Kyle, TX 78640. All present voted “Aye.” MOTION PASSED.

35324 AUTHORIZE THE HAYS COUNTY CONSTABLE, PCT. 5 OFFICE TO ENTER INTO A STATE PLAN OF OPERATION AGREEMENT WITH THE STATE OF TEXAS TO RECEIVE CERTAIN EXCESS DEPARTMENT OF DEFENSE (DOD) PROPERTY UNDER THE LAW ENFORCEMENT SUPPORT OFFICE (1033/LESO) PROGRAM ADMINISTERED BY THE DEFENSE LOGISTICS AGENCY (DLA).

Constable John Ellen, spoke to the Court about the items in the agreement. Commissioner Smith noted not all the items are first aid but would be of use to the officers for training purposes as well as saving the department money. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the Hays County Constable, Pct. 5 Office to enter into a State Plan of Operation Agreement with the State of Texas to receive certain excess Department of Defense (DOD) property under the Law Enforcement Support Office (1033/LESO) Program administered by the Defense Logistics Agency (DLA). All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JUNE 30, 2020 35325 AUTHORIZE PAYMENT OF $890.00 TO INTERSTATE TOWING AND RECOVERY FROM THE SHERIFF'S OFFICE CRIMINAL INVESTIGATIONS DIVISION WHERE NO PURCHASE ORDER WAS IN PLACE AS PER COUNTY POLICY.

A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize payment of $890.00 to Interstate Towing and Recovery from the Sheriff's Office Criminal Investigations Division where no purchase order was in place as per County Policy. All present voted “Aye.” MOTION PASSED.

35326 AUTHORIZE THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH TRAVIS COUNTY FOR THE FY 2021 SHERIFF'S COMBINED AUTO THEFT TASK FORCE (SCATT) GRANT AWARD.

A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize the execution of an Interlocal Agreement with Travis County for the FY 2021 Sheriff's Combined Auto Theft Task Force (SCATT) grant award. All present voted “Aye.” MOTION PASSED.

35327 AUTHORIZE THE PURCHASE OF THE FURNITURE, FIXTURE, & EQUIPMENT (FFE) PURCHASES FOR THE NEW PUBLIC SAFETY BUILDING AND AMEND THE BUDGET ACCORDINGLY.

Dan Lyon, Hays County resident, made public comments stating the County is not transparent with their purchasing. He stated he would like to see an itemized list of furniture or reuse the current furniture. Commissioner Ingalsbe stated the back up for this item does have an extensive list of items. She also noted the funds come from a bond that was passed by voters. Commissioner Shell stated the furniture requested is to fill the entire public safety building. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the purchase of the Furniture, Fixture, & Equipment (FFE) purchases for the new Public Safety Building and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35328 RECEIVE ANNUAL ROAD REPORTS FOR EACH PRECINCT AS REQUIRED BY THE TEXAS TRANSPORTATION CODE SECT 251.005.

Commissioner Jones and Commissioner Ingalsbe thanked the Transportation department for their work identifying the roads that need maintenance. A motion was made by Commissioner Smith, seconded by Commissioner Shell to receive Annual Road Reports for each Precinct as required by the Texas Transportation Code Sect 251.005. All present voted “Aye.” MOTION PASSED.

35329 AUTHORIZE THE HISTORICAL COMMISSION TO PURCHASE OUTDOOR FURNITURE FOR THE KYLE DEPOT UTILIZING DONATED FUNDS AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize the Historical Commission to purchase outdoor furniture for the Kyle Depot utilizing donated funds and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35330 AUTHORIZE THE JUSTICE OF THE PEACE PCT. 4 OFFICE TO PURCHASE ONE REPLACEMENT DELL LATITUDE 5400 LAPTOP VALUED AT $1,050.16 UTILIZING THE JUSTICE COURT TECHNOLOGY FUND AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize the Justice of the Peace Pct. 4 Office to purchase one replacement Dell Latitude 5400 Laptop valued at $1,050.16 utilizing the Justice Court Technology Fund and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35331 AUTHORIZE THE JUSTICE OF THE PEACE PCT. 1-1 OFFICE TO PURCHASE TWO REPLACEMENT DELL LATITUDE 5400 LAPTOPS VALUED AT $2,100.32 UTILIZING THE JUSTICE COURT TECHNOLOGY FUND AND AMEND THE BUDGET ACCORDINGLY.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JUNE 30, 2020 A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the Justice of the Peace Pct. 1-1 Office to purchase two replacement Dell Latitude 5400 Laptops valued at $2,100.32 utilizing the Justice Court Technology Fund and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35332 AUTHORIZE THE ACCEPTANCE OF A GRANT AWARD FROM THE TEXAS VETERANS COMMISSION FOR FUNDING OF THE HAYS COUNTY VETERANS SERVICES - VETERANS TREATMENT COURT IN THE AMOUNT OF $300,000.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the acceptance of a grant award from the Texas Veterans Commission for funding of the Hays County Veterans Services - Veterans Treatment Court in the amount of $300,000. All present voted “Aye.” MOTION PASSED.

35333 AUTHORIZE THE EXECUTION OF A RENEWAL LETTER AGREEMENT WITH THE COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT (CSCD) RELATED TO THE FY2021 VETERANS' SERVICES - VETERANS' TREATMENT COURT GRANT FOR ADULT PROBATION SERVICES.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the execution of a renewal Letter Agreement with the Community Supervision and Corrections Department (CSCD) related to the FY2021 Veterans' Services - Veterans' Treatment Court grant for Adult Probation Services. All present voted “Aye.” MOTION PASSED.

35334 RELEASE THE MAINTENANCE BOND #1045245 IN THE AMOUNT OF $2,184,747.25, AND THE ACCEPTANCE OF ROADS INTO THE COUNTY ROAD MAINTENANCE SYSTEM FOR SUNFIELD SUBDIVISION, PHASE 2, SECTION 4.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to release the maintenance bond #1045245 in the amount of $2,184,747.25, and the acceptance of roads into the county road maintenance system for Sunfield subdivision, Phase 2, Section 4. All present voted “Aye.” MOTION PASSED.

35335 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT/CONTRACT BETWEEN HAYS COUNTY AND PAPE-DAWSON ENGINEERS, INC TO PROVIDE CONSTRUCTION ENGINEERING, INSPECTION & TESTING (CE&I) SERVICES RELATED TO HAYS COUNTY ROAD IMPROVEMENT PROJECTS ON AN AS-NEEDED BASIS.

A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize the County Judge to execute a Professional Services Agreement/Contract between Hays County and Pape-Dawson Engineers, Inc to provide construction engineering, inspection & testing (CE&I) services related to Hays County Road Improvement Projects on an as-needed basis. All present voted “Aye.” MOTION PASSED.

35336 AUTHORIZE THE COUNTY JUDGE TO EXECUTE CHANGE ORDER NO.4 M&S ENGINEERING, LLC ON THE LOW WATER CROSSINGS, PRECINCT 4 (BEAR CREEK PASS/SYCAMORE CREEK ROAD) PROJECT AS PART OF THE 2016 ROAD BOND PROGRAM.

Commissioner Smith stated this exchange order is an extension of time to complete the project. A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize the County Judge to execute Change Order No.4 M&S Engineering, LLC on the Low Water Crossings, Precinct 4 (Bear Creek Pass/Sycamore Creek Road) project as part of the 2016 Road Bond Program. All present voted “Aye.” MOTION PASSED.

35337 AUTHORIZE THE COUNTY JUDGE TO EXECUTE CONTRACT AMENDMENT NO. 2 FOR DOUCET & ASSOCIATES, INC. FOR THE OLD BASTROP ROAD (CENTERPOINT RD TO RATTLER RD)/CR 266 PROJECT AS PART OF THE 2016 ROAD BOND PROGRAM.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JUNE 30, 2020 Commissioner Ingalsbe stated this amendment is to cover metes and bounds and utility easements. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute Contract Amendment No. 2 for Doucet & Associates, Inc. for the Old Bastrop Road (Centerpoint Rd to Rattler Rd)/CR 266 project as part of the 2016 Road Bond Program. All present voted “Aye.” MOTION PASSED.

35338 APPROVE ADVANCE FUNDING AGREEMENT AMENDMENT NO. 4 BETWEEN HAYS COUNTY AND THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE HAYS COUNTY-TXDOT PARTNERSHIP PROGRAM AND AUTHORIZE THE COUNTY JUDGE TO EXECUTE AMENDMENT NO. 4 ON BEHALF OF HAYS COUNTY.

Commissioner Jones stated this amendment covers changes that were made and reimbursements. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve Advance Funding Agreement Amendment No. 4 between Hays County and the Texas Department of Transportation (TxDOT) for the Hays County-TxDOT Partnership Program and authorize the County Judge to execute Amendment No. 4 on behalf of Hays County. All present voted “Aye.” MOTION PASSED.

35339 AUTHORIZE THE COUNTY JUDGE TO EXECUTE CHANGE ORDER #2 TO A PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND LJA ENGINEERING, INC. FOR RIGHT OF WAY SERVICES ON OLD BASTROP RD (CR 266), FROM CENTERPOINT ROAD TO RATTLER ROAD, PRECINCT 1 AS PART OF THE ROAD BOND PROGRAM.

Commissioner Ingalsbe stated this exchange order is for a right of way acquisition. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the County Judge to execute Change Order #2 to a Professional Services Agreement (PSA) between Hays County and LJA Engineering, Inc. for right of way services on Old Bastrop Rd (CR 266), from Centerpoint Road to Rattler Road, Precinct 1 as part of the Road Bond Program. All present voted “Aye.” MOTION PASSED.

35340 AUTHORIZE A VARIANCE FROM TABLE 705.05.01 OF THE HAYS COUNTY DEVELOPMENT REGULATIONS. PLN-1490-PC; WOODCREEK, SECTION 11, LOTS 79 & 80, AMENDED (2 LOTS).

Commissioner Shell stated this item is to move an existing property line. Caitlyn Strickland, Development Services Director, stated a surveyor has gone out to correct the lines between lot 79 and 80. Water and waste water will be provided by Aqua Texas. She noted this is a common occurrence with older subdivisions. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize a variance from Table 705.05.01 of the Hays County Development Regulations. PLN-1490-PC; Woodcreek, Section 11, Lots 79 & 80, Amended (2 Lots). All present voted “Aye.” MOTION PASSED.

35341 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A MODIFIED FACILITY USE AGREEMENT BETWEEN HAYS COUNTY AND TEXAS STATE UNIVERSITY REGARDING A LOCATION TO QUARANTINE HAYS COUNTY FIRST RESPONDERS RELATED TO COVID-19 RESPONSE & RECOVERY; AND TO IDENTIFY THE SOURCE OF FUNDING FOR THE AGREEMENT.

Alex Villalobos, Emergency Management Coordinator and Chief of Staff, and Mark Kennedy, General Counsel noted an Exhibit FF that was included in this agreement and emailed a copy to the Court. He also noted that the County would need to include a limit on the dollar amount which was set at not to exceed $37,000 at the end date of July 31, 2020. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute a modified Facility Use Agreement between Hays County and Texas State University regarding a location to quarantine Hays County First Responders related to COVID-19 response & recovery; and to identify the source of funding for the Agreement. All present voted “Aye.” MOTION PASSED.

35342 ACCEPT THE INITIAL 20% ($966,152) CORONAVIRUS RELIEF FUNDS (CRF) FOR COVID-19 RESPONSE AND RECOVERY EFFORTS AND AMEND THE BUDGET ACCORDINGLY.

Vickie Dorsett, Assistant Auditor, discussed with the Court the different types of categories and some of the items the County has already used or committed to using with the funds. Some of the items discussed included hiring personnel, paid time off for employees, testing kits, small business assistance programs, and utility assistance programs. Alex Villalobos, Emergency Management Coordinator and Chief of Staff, Tammy Crumley, County Wide Operations Director, Mike Jones, Emergency Management Coordinator, discussed with the Court using some of the funds available for mobile buildings that were discussed earlier in this meeting.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JUNE 30, 2020 A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve the budget that was presented in Court from the Auditor’s Office pertaining to Covid and the COVID-19 Response and Recovery funds, as provided with the updates. All present voted “Aye.” MOTION PASSED.

35343 ACCEPT A GRANT AWARD UNDER THE 2020 HELP AMERICA VOTE ACT (HAVA) CARES ACT ELECTIONS SECURITY SUB-GRANT TO TEXAS COUNTIES AND AMEND THE BUDGET ACCORDINGLY.

Jennifer Anderson, Election Administrator, stated this grant award will cover voters’ registration software and making security improvements. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to accept a grant award under the 2020 Help America Vote Act (HAVA) Cares Act Elections Security Sub-grant to Texas Counties and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35344 AUTHORIZE ON-SITE SEWAGE SYSTEM PERMIT FOR THE BARTON SPRINGS MILL AND GRANT A VARIANCE TO SECTION 10. W. 1. OF THE HAYS COUNTY RULES FOR ON-SITE SEWAGE FACILITIES AT 16604 FITZHUGH ROAD, DRIPPING SPRINGS, TEXAS 78620.

Caitlyn Strickland, Development Services Director, stated this item is currently in the platting process. The property owners are requesting the variance to allow the start of construction for an onsite sewage facility. Commissioner Smith noted that when the time comes to update development regulations, he would like to review this item as to not prohibit people from moving forward with valid projects. A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize On-Site Sewage System Permit for the Barton Springs Mill and grant a variance to Section 10. W. 1. of the Hays County Rules for On-Site Sewage Facilities at 16604 Fitzhugh Road, Dripping Springs, Texas 78620. All present voted “Aye.” MOTION PASSED.

35345 DISCUSSION AND POSSIBLE ACTION REGARDING THE EMERGENCY CASH ASSISTANCE PROGRAM (ECAP), ALSO KNOWN AS PROJECT RECOIL, INCLUDING BUT NOT LIMITED TO, THE APPOINTMENT OF AWARD COMMITTEE MEMBERS, FUNDING OF THE PROGRAM, AND THE CONSIDERATION OF PROGRAM GUIDELINES.

The Court discussed possible nomination for the Award committee. Mark Kennedy spoke to the court regarding the details of administering funds to the small businesses as well as any overlapping between other municipalities. A motion was made by Commissioner Shell, seconded by Commissioner Smith to nominate appointments to the Award Committee. The following were nominated by the Court; Cathy Moreman, Scott Gregson, J.R. Gonzales, Traci Anderson, Kim Hanks, and Susan Curran. All present voted “Aye.” MOTION PASSED.

35346 AUTHORIZE THE SUBMITTAL OF A NOMINATION FORM FOR APPOINTMENT OF WALT SMITH TO THE TEXAS WATER DEVELOPMENT BOARD'S (TWDB) REGIONAL FLOOD PLANNING GROUP (RFPG), REGION 10, TO DEVELOP TEXAS' FIRST REGIONAL FLOOD PLANS FOR THIS REGION.

Commissioner Jones thanked Commissioner Smith for his willingness to participate. Commissioner Smith noted this is just a nomination for several counties. Caitlyn Strickland, Development Services Director, stated region 10 is a competitive region. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the submittal of a nomination form for appointment of Walt Smith to the Texas Water Development Board's (TWDB) Regional Flood Planning Group (RFPG), Region 10, to develop Texas' first regional flood plans for this region. All present voted “Aye.” MOTION PASSED.

35347 UTILIZE COUNTY FUNDS, FEDERAL OR STATE GRANTS OR CONTRIBUTIONS FOR MATERIALS OR ITEMS WITH A SEAL OR LOGO OTHER THAN THE OFFICIAL HAYS COUNTY SEAL OR HAYS COUNTY LAW ENFORCEMENT SHIELD.

Discussion was had between the Court and Marisol Villarreal-Alonzo, Auditor, regarding purchase orders from Judge Becerra’s office for items that included a seal other than the approved Hays County seal. She presented other options available to get the invoice paid. She also noted previous resolution passed in Court approving other seals used by individual offices in March 30th, 2010. The Court further discussed sending notices regarding wearing masks to businesses, and the design of the notice including seals.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JUNE 30, 2020 A motion was made by Judge Becerra, seconded by Commissioner Jones to pay the invoice for the Notice masks for $490.00, defining the Judge’s Order with the Judge’s office seal, from the Judge’s Community Budget for $490.00. Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, and Judge Becerra voted “Aye.” Commissioner Smith voted “No.” MOTION PASSED.

A motion was made by Judge Becerra, seconded by Commissioner Ingalsbe to accept future use of the seal presented in Court that has the Hays County in the seal with the Texas flag in the middle, that has the different titles that the County Judge’s Office holds, to use taxpayer dollars, Grant money, or funding sources of a universal type to be used for future materials, as one of the approved seals. All present voted “Aye.” MOTION PASSED.

Clerk’s Note: On February 25th, 2020, agenda item # 33 was discussed, to wit: 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; was motioned and seconded but not voted on.

35348 EXECUTE A MASTER SERVICES AND PURCHASING AGREEMENT WITH AXON ENTERPRISE, INC. RELATED TO THE LAW ENFORCEMENT IN-CAR CAMERA SYSTEM AND BODY WORN CAMERA-TASER PROGRAM FOR ALL CONSTABLE OFFICES.

Commissioner Jones stated this is an upgrade to get body cameras for the officers. A motion was made by Commissioner Jones, seconded by Commissioner Shell to execute a Master Services and Purchasing Agreement with Axon Enterprise, Inc. related to the Law Enforcement In-Car Camera System and Body Worn Camera-Taser Program for all Constable Offices. All present voted “Aye.” MOTION PASSED.

Clerk’s Note: Executive Session began at 11:58 a.m. and resumed back into open court at 12:28 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 OFFICE OF EMERGENCY SERVICES. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

No action was taken.

Clerk’s Note: Executive Session began at 12:30 p.m. and resumed back into open court at 1:32 p.m.

EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071, 551.074, AND 551.076 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE SECURITY OF THE HAYS COUNTY HISTORIC COURTHOUSE AND EACH INDIVIDUAL POSITION WITHIN THE CONSTABLES OFFICE FOR PRECINCT 1 AS IT RELATES TO SUCH SECURITY. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

No action was taken.

Clerk’s Note Agenda Item #37 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 $62,844 for this week. The number of outsourced inmates were 170 males and 11 females. The number of arrest made by agency are as follows; Buda Police Department - 0, Department of Public Safety – 3, Hays County Sheriff’s Department – 50, this includes court ordered commitments, warrant pick-ups from all agencies, and self-surrender warrants from all agencies, Kyle Police Department – 16, San Marcos Police Department - 17, Texas State Police Department – 1, Constable Precinct 5 - 1. No action taken.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JUNE 30, 2020 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 ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED.

ADJOURNMENT A motion was made by Judge Becerra, seconded by Commissioner Jones to adjourn court at 1:27 p.m.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JULY 7, 2020

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 7th DAY OF JULY 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 Esparanza Baltazar-Ramirez, United Methodist 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, made public comments regarding tax relief for citizens and against the increase of County debt. Christine Terrell, San Marcos resident, made public comments against the budget increase from 2019 for the renovation of the Jail and a new Public safety building. She stated that a fraction of the money could have been used for Social services. She noted that she is in support of the Public Defender’s office. Lauren Hubele, Hays County resident, made public comments, stating that she grew up in the 60’s during a time of the Civil Rights movement. She realized earlier this year with the death of George Floyd that things have not changed. She called on the Court to act by supporting the Public Defender’s office.

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

Judge Becerra stated that the numbers of positive cases of COVID-19 are increasing. He believes things are going to get worse over the next few days since many people recently celebrated the 4th of July holiday. He noted that the labs are falling behind on testing therefore transitioning from nasal swabs to cheek swabs to improve wait time for results. Alex Villalobos, Emergency Management Coordinator and Chief of Staff, stated tests will be available July 12- July 16, 2020 at the San Marcos High School. There are 500 tests available for those dates. Hays County is currently working to obtain 250 more tests to meet the demand. He noted CPL labs are currently operational and supporting Hays County with testing results. Captain Julie Villalpando, Sheriff’s Office, presented to the Court the policies and procedures that have been set at the Jail facility to protect the inmates and Corrections Officers. She stated that even with additional sanitizing and social distancing set in place many of the inmates do not wear the masks that are provided. She discussed with the Court the type of inmates that are being held in the jail at this time as there have been protests to release inmates due to the spread of COVID-19 within the jail. Many protestors claiming the inmates are being held for low-level crimes, first time offenses, and held awaiting trail and have not been convicted of any crimes. She stated that inmates are being held for murder, violent crimes and/or multiple offenses. She explained that people with low-level charges are not being held in the jail. She also thanked the Courts for keeping the low-level offenders out of the jail during this time. Mark Kennedy, General Counsel, stated to the Court that there is a checks and balances system against an Officer’s arrest. No action was taken.

35349 APPROVE PAYMENTS OF COUNTY INVOICES.

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

35350 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JULY 7, 2020 35351 APPROVE COMMISSIONERS COURT MINUTES OF JUNE 30, 2020.

A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to approve Commissioners Court Minutes of June 30, 2020. All present voted “Aye.” MOTION PASSED.

35352 AUTHORIZE THE EXECUTION OF A NO COST ASR-05 WITH TERRACON CONSULTANTS INC. RELATED TO MATERIALS OBSERVATION AND TESTING SERVICES FOR THE HAYS COUNTY PUBLIC SAFETY BOND PROJECTS.

A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the execution of a No Cost ASR-05 with Terracon Consultants Inc. related to Materials Observation and Testing Services for the Hays County Public Safety Bond Projects. All present voted “Aye.” MOTION PASSED.

35353 APPROVE UTILITY PERMITS.

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

35354 AUTHORIZE THE HAYS COUNTY CRIMINAL DISTRICT ATTORNEY TO PURCHASE FIVE (5) NEW DELL LATITUDE 3410 LAPTOPS VALUED AT $4,024.00 AND AMEND THE BUDGET ACCORDINGLY.

Wes Mau, District Attorney is requesting new laptops as some of his current laptops are not in working condition. The I.T. department recommended those laptops be replaced. He noted his staff needs the laptops as they are working remotely due to COVID-19. Judge Becerra requested the District Attorney’s office contact the Auditor’s office to seek possible reimbursement of this purchase since it deals with COVID-19. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the Hays County Criminal District Attorney to purchase five (5) new Dell Latitude 3410 laptops valued at $4,024.00 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35355 RATIFY THE ACCEPTANCE OF A DONATION OF $500.00 TO THE SHERIFF'S OFFICE COMMUNITY OUTREACH DIVISION AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Smith thanked Ms. Coffee for her donation to the Sheriff’s office. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to ratify the acceptance of a donation of $500.00 to the Sheriff's Office Community Outreach Division and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35356 AUTHORIZE THE JUVENILE PROBATION DEPARTMENT TO PURCHASE SIX (6) DELL OPTIPLEX DESKTOP COMPUTERS AND SIX (6) MONITORS, ONE (1) PRINTER AND NETWORK CABLING, AND TEN (10) STUDY CARRELS AND CHAIRS UTILIZING FUNDS FROM THE TEXAS JUVENILE JUSTICE DEPARTMENT (TJJD) REGIONAL DIVERSION GRANT AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the Juvenile Probation Department to purchase six (6) Dell OptiPlex Desktop Computers and six (6) Monitors, one (1) Printer and Network Cabling, and ten (10) Study Carrels and Chairs utilizing funds from the Texas Juvenile Justice Department (TJJD) Regional Diversion Grant and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35357 AUTHORIZE PAYMENT TO DATA SPEC, INC. FOR THE VETERAN'S ADMINISTRATION OFFICE IN WHICH NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER COUNTY PURCHASING POLICY.

Jude Prather, Veterans Services Officer, stated to the Court that the renewal for this software was due and this was an oversight on his part. He also wanted to introduce a new member of his team, Wesley Mathews, Veteran Services Counsel. The Court welcomed Wesley Mathews. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize payment to Data Spec, Inc. for the Veteran's Administration Office in which no purchase order was issued as required per County Purchasing Policy. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JULY 7, 2020 35358 ACCEPT THE 2019 HAYS COUNTY EMERGENCY SERVICES DISTRICT #4 AUDIT REPORT PER TEXAS HEALTH AND SAFETY CODE 775.082.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to accept the 2019 Hays County Emergency Services District #4 Audit Report per Texas Health and Safety Code 775.082. All present voted “Aye.” MOTION PASSED.

35359 APPROVE THE SELECTION OF BINKLEY & BARFIELD, INC. TO PROVIDE UTILITY COORDINATION SERVICES FOR US 290 AT TRAUTWEIN ROAD IN PRECINCT 4; AND TO AUTHORIZE STAFF AND COUNSEL TO NEGOTIATE A CONTRACT.

Commissioner Smith stated this item will begin the completion of the 2016 Road Bond project. A motion was made by Commissioner Smith, seconded by Commissioner Shell to approve the selection of Binkley & Barfield, Inc. to provide utility coordination services for US 290 at Trautwein Road in Precinct 4; and to authorize staff and counsel to negotiate a contract. All present voted “Aye.” MOTION PASSED.

35360 APPROVE AGREEMENT FOR A LOCAL ON-SYSTEM IMPROVEMENT PROJECT AT US 290 AND HENLY LOOP BETWEEN HAYS COUNTY AND THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) AND AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN AGREEMENT FOR A LOCAL ON-SYSTEM IMPROVEMENT PROJECT ON BEHALF OF HAYS COUNTY.

Commissioner Smith noted this is also part of the 2016 Road Bond project. A motion was made by Commissioner Smith, seconded by Commissioner Shell to approve Agreement for a Local On-System Improvement Project at US 290 and Henly Loop between Hays County and the Texas Department of Transportation (TxDOT) and authorize the County Judge to execute an Agreement for a Local On- System Improvement Project on behalf of Hays County. All present voted “Aye.” MOTION PASSED.

35361 SELECT COBB, FENDLEY & ASSOCIATES, INC. TO PROVIDE RIGHT-OF- WAY ACQUISITION SERVICES FOR RM 967 SAFETY TURN LANES (BUDA SPORTS COMPLEX DRIVE, HAYS CISD HIGH SCHOOL NO. 3, AND OAK FOREST DRIVE INTERSECTIONS) IN PRECINCT 2; AND TO AUTHORIZE STAFF AND COUNSEL TO NEGOTIATE A CONTRACT, GRANTING AN EXEMPTION TO FORMAL PROCUREMENT PURSUANT TO TEXAS LOCAL GOVERNMENT CODE SECTION 262.024(A)(4) (PROFESSIONAL SERVICES).

Commissioner Jones noted these improvements are very important as three schools are located on this road and it gets very backed up. A motion was made by Commissioner Jones, seconded by Commissioner Shell to select Cobb, Fendley & Associates, Inc. to provide right-of-way acquisition services for RM 967 Safety Turn Lanes (Buda Sports Complex Drive, Hays CISD High School No. 3, and Oak Forest Drive Intersections) in Precinct 2; and to authorize staff and counsel to negotiate a contract, granting an exemption to formal procurement pursuant to Texas Local Government Code Section 262.024(a)(4) (professional services). All present voted “Aye.” MOTION PASSED.

35362 CALL FOR A PUBLIC HEARING ON JULY 21, 2020 TO REDUCE THE CURRENT 60 MPH SPEED LIMIT TO 45 MPH ON THE WEST END OF WINTERS MILL PARKWAY FOR THE NEW WISD BLUE HOLE PRIMARY SCHOOL.

Commissioner Shell stated the need for reduction in the speed limit is in preparation of a school zone. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to call for a public hearing on July 21, 2020 to reduce the current 60 MPH speed limit to 45 MPH on the west end of Winters Mill Parkway for the new WISD Blue Hole Primary school. All present voted “Aye.” MOTION PASSED.

35363 AUTHORIZE THE COUNTY JUDGE TO EXECUTE SUPPLEMENTAL #5 TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND HDR ENGINEERING, INC. FOR ROBERT S. LIGHT BOULEVARD AS PART OF THE HAYS COUNTY/TXDOT PARTNERSHIP PROGRAM.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JULY 7, 2020 Mark Kennedy, General Counsel, noted exemption for formal procurement pursuant to Texas Local Government Code Section 262.024(a)(4) (professional services) should be applied to the motion as there is an adjustment of more than twenty five percent. Commissioner Jones added this to his motion and stated this is a redesign to include the flood plain. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Judge to execute Supplemental #5 to the Professional Services Agreement (PSA) between Hays County and HDR Engineering, Inc. for Robert S. Light Boulevard as part of the Hays County/TxDOT Partnership Program. All present voted “Aye.” MOTION PASSED.

Mark Kennedy, General Counsel, stated the Committee will have their first meeting to get things started. A date was not announced for the meeting. Discussion was had between the Court and Mark Kennedy on obtaining quotes for services regarding the handling of other companies’ proprietary banking information. No action was taken.

35364 AUTHORIZE THE CRIMINAL DISTRICT ATTORNEY TO HIRE ONE (1) NEW ATTORNEY I, GRADE 117 AND RELATED EQUIPMENT TO PARTICIPATE IN THE MAGISTRATE STUDY EFFECTIVE JULY 16, 2020 AND AMEND THE BUDGET ACCORDINGLY.

Wes Mau, District Attorney explained to the Court the aspects the study will cover. He also explained that the new hire will participate in the study and collection of data. He noted there have been significant changes to the magistrate system due to COVID-19 and he believes that may negatively impact the results of the study. The Court had several questions about the study and the new position which Mr. Mau answered. The Court thanked him for his time. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the Criminal District Attorney to hire one (1) new Attorney I, grade 117 and related equipment to participate in the Magistrate Study effective July 16, 2020 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35365 ADOPT AN ORDER OF THE COMMISSIONERS COURT OF HAYS COUNTY, TEXAS ACCEPTING AND APPROVING THE 2020 ANNUAL SERVICE PLAN UPDATE TO THE SERVICE AND ASSESSMENT PLAN FOR THE LA CIMA PUBLIC IMPROVEMENT DISTRICT, INCLUDING AN UPDATED MAJOR PUBLIC IMPROVEMENT ASSESSMENT ROLL, NEIGHBORHOOD IMPROVEMENT AREA #1 ASSESSMENT ROLL AND NEIGHBORHOOD IMPROVEMENT AREA #2 ASSESSMENT ROLL; MAKING AND ADOPTING FINDINGS; AND PROVIDING A CUMULATIVE REPEALER CLAUSE.

Vanessa Stowe, P3Works and Hays County’s PID (Public Improvement District) Administrator, spoke to the Court via Teams as she was able to participate remotely. She presented the Court with an annual update regarding the La Cima Public Improvement District and explained the Repealer Clause that the company is now using. Jordan Powell, General Counsel, noted specific wording on the Order and Agenda item to meet the requirements of the PID Act. 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 the 2020 Annual Service Plan Update to the Service and Assessment Plan for the La Cima Public Improvement District, Including an Updated Major Public Improvement Assessment Roll, Neighborhood Improvement Area #1 Assessment Roll and Neighborhood Improvement Area #2 Assessment Roll; Making and Adopting Findings; and Providing a Cumulative Repealer Clause. All present voted “Aye.” MOTION PASSED.

Clerk’s Note: Executive Session began at 12:30 p.m. and resumed back into open court at 1:32 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 OFFICE OF EMERGENCY SERVICES. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

No action was taken.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JULY 7, 2020 35366 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 TRANSPORTATION DEPARTMENT. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

A motion was made by Commissioner Jones, seconded by Commissioner Smith to establish one new Planner grade 113 effective July 16, 2020 as presented in Executive Session, and to be funded by Salary Saving due to attrition. All present voted “Aye.” MOTION PASSED.

Clerk’s Note Agenda Item #22 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 $66,612 for the week of June 28 – July 4, 2020. The number of outsourced males was 182 inmates and females were 9 inmates. The number of arrest made by agency are as follows; Buda Police Department - 3, Department of Public Safety – 2, Hays County Sheriff’s Department – 47, this includes court ordered commitments, warrant pick-ups from all agencies, and self-surrender warrants from all agencies, Kyle Police Department – 16, San Marcos Police Department - 27, Texas State Police Department – 0. No action taken.

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.

Clerk’s Note: Judge Becerra called for a break that began at 11:00 a.m. and resumed back into open court at 12:10 a.m.

DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY CENSUS PROGRAM INCLUDING UPDATES FROM JESSICA MEJIA.

Anita Collins, County Judge’s Executive Assistant, presented in person and Jessica Mejia, Census Program Coordinator, presented to the Court via Teams. They shared a PSA in English and Spanish language. They also gave the Court a review of outreach events and updates. Finally, they encouraged the Court to send out their own PSA to promote the Census. Discussion was had amongst the Court to clarify that no elected official or candidate currently campaigning should be in any of the PSAs. The Court agreed on this. No action taken.

Clerk’s Note Agenda Item #26 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 3:38 p.m.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JULY 14, 2020

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 14th DAY OF JULY 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 Stella Burkhalter, United Methodist 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, made public comments regarding the County spending budget and read the County disbursements. Delayne VanDeWalle, Wimberley resident, made public comments against the development of a construction business in the middle of the neighborhood, Lea Acres Subdivision. She stated a petition has been started to stop the development. She stated the site, if allowed, would block the only entrance and exit to the neighborhood if tankers or 18-wheelers are in the roads. Dwain York, Superintendent of Wimberley ISD, made public comments against the commercialization of Carney Lane. He stated there is a safety concern for the students. He also agreed with the previous speaker about large vehicles blocking the entrances in case of emergency. Elaine Hanson Cárdenas, Hays County Clerk, made public comments as a private citizen, regarding the Carney lane development. She asked for the Court to help the citizens in whatever capacity they can, so they can keep hazmat materials from being exposed to the neighborhood. She agreed with the previous speakers, that should a catastrophic event occur, it would be very difficult to evacuate for children in the surrounding schools and the elderly and/or disabled property owners. Kara LeBlanc, Wimberley resident, made public comments against the Commercial use of Lot 35 of Lea Acres. She called on the Commissioners Court to uphold public health and welfare under the Texas Laws for County officials. Shirley Schultz, Hays County resident, made public comments against the variance of Lot 35 of Lea Acres. She stated Hays County Development Services verified the sub-divided lot would be used for heavy construction and as a fueling station. However, the replat notes state the replat will follow the deed restrictions. Jerome Michael McLaughlin, Wimberley resident, made public comments against the approval of variance of Lot 35 of Acres Lane, he noted a recycling center that already exist within the neighborhood. He noted the hardships that already exist with large trucks and debris from large trucks in the area. He pleaded with the Court to think of the hazards and possible safety risk. Lauren Robins, Wimberley resident, made public comments against the development of Carney Lane development. She stated the development will disturb the peaceful neighborhood. Leslie E. Navarro, Wimberley resident, made public comments against the variance of Lot 35 of Lea Acres, echoing her neighbors concerns about the disturbance and safety issues should the development continue. Rita C. Duke, Wimberley resident, gave public comments against the variance for Lot 35 of Lea Acres for commercial use. She stated she would be in support of the property for use as residential. Susan Raybuck Wimberley resident gave public comments against the variance of Lot 35 of Lea Acres. She stated the traffic would affect her. Her main concern, as she recalled a major fire from the past, is that the neighborhood is a single entrance and exist neighborhood. Alina Acevedo, San Marcos resident, is in support of a dignified legal system. She shared the affects the system has on her students. Lauren Hubele, San Marcos resident, made public comments for the immediate establishment of a Public Defenders office. She stated many of the inmates in the County jail are there because they cannot make bail. Christine Terrell, San Marcos resident, made public comments regarding the criminal legal system. She noted the almost $100 million dollars of the county’s budget is dedicated to law enforcement, while only 3 percent is dedicated to health and human services. No action was taken.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JULY 14, 2020 UPDATE FROM THE COUNTY JUDGE AND STAFF REGARDING THE LOCAL DISASTER DECLARATION AND COVID-19. POSSIBLE DISCUSSION AND ACTION MAY FOLLOW.

Alex Villalobos, Chief of Staff and Emergency Management Coordinator, spoke to the Court, giving updates about the testing and planning for COVID-19 County procedures. There is ongoing communication with the Texas State University in preparation for returning students to get tests. He stated a first responder isolation plan has been finalized with rooms available at the Texas State University campus. Commissioner Smith requested a final date of July 21, 2020 for testing locations, so the Court can have enough time to notify citizens of the testing locations. He talked about getting a group together to work on outreach for the 20-29 years old group to notify them of testing locations. Tammy Crumley, County Wide Operations Director, also noted that messaging and flyers are being posted at apartment complexes to reach the 20-29 age group. She stated the San Marcos High School is currently hosting cheek swab testing for the County. She noted the County now has two additional epidemiologists. Judge Becerra spoke about the testing at the San Marcos High School. He noted the efficiency of the test site as there are not long lines. Chief Deputy Mike Davenport presented the Court with an update of the inmate jail population for positive COVID-19 cases. He stated most inmates are not wearing masks. 85 inmates tested positive as of July 13, 2020 at 3PM. 20 of those inmates are being housed in other county jails. There are currently 18 pending tests. No inmates have had to be hospitalized due to COIVD-19. Judge Becerra encouraged the use of the disinfect machine at least three times per week since the positive cases have increased. Commissioner Ingalsbe had questions about inmate release procedures. Commissioner Shell had questions about which inmates are tested and how often the testing is offered. Sheriff Cutler stated the he communicates, to the Sheriffs of the county jails where Hays county inmates are outsourced, about the inmates whom are positive for COVID-19. No action was taken.

PRESENTATION BY SHERIFF GARY CUTLER REGARDING THE SHERIFF'S MOBILE APP, THESHERIFFAPP.COM.

Sheriff Cutler presented new Sheriff Mobile App to the Court. He stated the app is free and available in English and Spanish language. He noted that tax dollars were not used to fund this app. The app will include current updates, list of most wanted criminals in the area, and criminal record search. Captain David Burns, Sheriff’s Office, presented to the Court regarding the app. He noted when downloading the app to search the app by name using Hays County Sheriff’s Office. The app will allow the Sheriff’s office to send push notifications during emergencies. Citizen can submit reports to the Sheriff’s office. The Court members stated the app was easy to download and thanked Sheriff Cutler and Captain Burns for their time. No action was taken.

Clerk’s Note: Judge Becerra called for a break that began at 10:50 a.m. and resumed back into open court at 10:55 a.m.

35367 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.

35368 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS.

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

35369 APPROVE COMMISSIONERS COURT MINUTES OF JULY 7, 2020.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve Commissioners Court Minutes of July 7, 2020. All present voted “Aye.” MOTION PASSED.

35370 APPROVE THE PAYMENT OF THE JULY 15, 2020 PAYROLL DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $2,995,000.00 EFFECTIVE JULY 15, 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 Shell to approve the payment of the July 15, 2020 payroll disbursements in an amount not to exceed $2,995,000.00 effective July 15, 2020 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JULY 14, 2020 35371 AUTHORIZE THE PURCHASE THREE (3) ELECTROSTATIC 360 HAND SPRAYERS THAT WILL BE USED BY THE BUILDING MAINTENANCE DEPARTMENT TO SANITIZE HAYS COUNTY BUILDINGS UTILIZING THE CORONAVIRUS RELIEF FUNDING (CRF) AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the purchase three (3) Electrostatic 360 Hand Sprayers that will be used by the Building Maintenance Department to sanitize Hays County buildings utilizing the Coronavirus Relief Funding (CRF) and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35372 AUTHORIZE BUILDING MAINTENANCE TO PURCHASE AND INSTALL BOTH GLASS AND PLEXIGLASS SNEEZE GUARDS IN EIGHT (8) DIFFERENT OFFICES THROUGHOUT THE COUNTY UTILIZING CORONAVIRUS RELIEF FUNDING (CRF) AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize Building Maintenance to purchase and install both glass and plexiglass sneeze guards in eight (8) different offices throughout the County utilizing Coronavirus Relief Funding (CRF) and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35373 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR A CONVENIENCE STORE LOCATED AT 2300 WINDY HILL ROAD, KYLE, TEXAS 78640.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for a convenience store located at 2300 Windy Hill Road, Kyle, Texas 78640. All present voted “Aye.” MOTION PASSED.

35374 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR A SMALL ANIMAL VETERINARY CLINIC LOCATED AT 20640 W RR 150, DRIFTWOOD, TEXAS 78619.

A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize On-Site Sewage Facility Permit for a small animal veterinary clinic located at 20640 W RR 150, Driftwood, Texas 78619.All present voted “Aye.” MOTION PASSED.

35375 AUTHORIZE THE REPLACEMENT OF ONE (1) FAILED 3-TON HVAC SYSTEM LOCATED AT THE HAYS COUNTY PCT. 5 BUILDING AND AMEND THE BUDGET ACCORDINGLY.

Dan Lyon, Hays County resident, made public comments against this item. He stated the County is being overcharged for the purchase and install of the HVAC system. He stated the company told him they have a 25 percent mark-up on the parts needed. Commissioner Ingalsbe had a question about mark ups. Vickie Dorsett, Auditor’s office, stated that is the general industry standard. Discussion was had among the Court about parts and labor expenses and profits. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the replacement of one (1) failed 3-Ton HVAC system located at the Hays County Pct. 5 building and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35376 APPROVE SPECIFICATIONS FOR IFB 2020-B09 ROAD IMPROVEMENTS: HOT MIX OVERLAY AND AUTHORIZE PURCHASING TO SOLICIT FOR BIDS AND ADVERTISE.

Commissioner Jones noted there is staff approval for this item. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve specifications for IFB 2020-B09 Road Improvements: Hot Mix Overlay and authorize Purchasing to solicit for bids and advertise All present voted “Aye.” MOTION PASSED.

35377 APPROVE SPECIFICATIONS FOR IFB 2020-B16 ROAD IMPROVEMENTS - REMOVE & REPLACE HOT MIX AND AUTHORIZE PURCHASING TO SOLICIT FOR BIDS AND ADVERTISE.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JULY 14, 2020 A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve specifications for IFB 2020-B16 Road Improvements - Remove & Replace Hot Mix and authorize Purchasing to solicit for bids and advertise. All present voted “Aye.” MOTION PASSED.

35378 ACCEPT THE FISCAL YEAR 2019 HAYS COUNTY EMERGENCY SERVICES DISTRICT #3 AUDIT REPORT PER TEXAS HEALTH AND SAFETY CODE 775.082.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to accept the Fiscal Year 2019 Hays County Emergency Services District #3 Audit Report per Texas Health and Safety Code 775.082. All present voted “Aye.” MOTION PASSED.

35379 APPROVE UTILITY PERMITS.

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

35380 AUTHORIZE THE SUBMISSION OF A GRANT APPLICATION TO THE BURDINE JOHNSON FOUNDATION FOR THE OLD HAYS COUNTY JAIL RESTORATION.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the submission of a grant application to the Burdine Johnson Foundation for the Old Hays County Jail Restoration. All present voted “Aye.” MOTION PASSED.

35381 AUTHORIZE THE SUBMISSION OF A GRANT APPLICATION TO THE SUMMERLEE FOUNDATION FOR THE OLD HAYS COUNTY JAIL RESTORATION.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the submission of a grant application to the Summerlee Foundation for the Old Hays County Jail Restoration. All present voted “Aye.” MOTION PASSED.

35382 AUTHORIZE THE SUBMISSION OF A GRANT APPLICATION TO THE AUSTIN COMMUNITY FOUNDATION FOR THE OLD HAYS COUNTY JAIL RESTORATION.

A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the submission of a grant application to the Austin Community Foundation for the Old Hays County Jail Restoration. All present voted “Aye.” MOTION PASSED.

35383 APPROVAL OF ONSITE SUPPORT FROM HART INTERCIVIC FOR THE NOVEMBER 3, 2020 GENERAL ELECTION.

A motion was made by Commissioner Shell, seconded by Commissioner Jones to approval of onsite support from Hart Intercivic for the November 3, 2020 General Election. All present voted “Aye.” MOTION PASSED.

35384 APPROVE THE REJECTION OF ALL PROPOSALS RELATED TO RFP 2020- P09 CDBG MITIGATION FUNDING AND AUTHORIZE THE PURCHASING MANAGER TO PUBLISH A NEW NOTICE AS AUTHORIZED PER TEXAS LOCAL GOVERNMENT CODE SEC. 262.027(2).

A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve the rejection of all proposals related to RFP 2020-P09 CDBG Mitigation Funding and authorize the Purchasing Manager to publish a new notice as authorized per Texas Local Government Code Sec. 262.027(2). All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JULY 14, 2020 35385 CALL FOR A PUBLIC HEARING ON JULY 28, 2020 TO ESTABLISH A 25 MPH SPEED LIMIT IN SAVANNAH RIDGE SUBDIVISION.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to call for a public hearing on July 28, 2020 to establish a 25 MPH speed limit in Savannah Ridge subdivision. All present voted “Aye.” MOTION PASSED.

35386 ACCEPT THE ROAD CONSTRUCTION & DRAINAGE IMPROVEMENTS, RELEASE OF BOND #20BSBHY3529 FOR $1,119,697.49, AND ACCEPT THE 2-YEAR MAINTENANCE BOND #61BSBID3153 IN THE AMOUNT OF $80,548.01 FOR HEATON HOLLOW SUBD.

A motion was made by Commissioner Shell, seconded by Commissioner Jones to accept the road construction & drainage improvements, release of bond #20BSBHY3529 for $1,119,697.49, and accept the 2-year maintenance bond #61BSBID3153 in the amount of $80,548.01 for Heaton Hollow subd. All present voted “Aye.” MOTION PASSED.

35387 AWARD CONTRACTS FOR IFB 2020-B11 CULVERTS TO CONTECH ENGINEERED SOLUTIONS, FORTILINE INC. DBA FORTILINE WATERWORKS, AND TEXAS CORRUGATORS.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to award contracts for IFB 2020-B11 Culverts to Contech Engineered Solutions, Fortiline Inc. dba Fortiline Waterworks, and Texas Corrugators. All present voted “Aye.” MOTION PASSED.

35388 HOLD A PUBLIC HEARING RELATED TO THE IMPROVEMENTS OF ROADWAYS WITHIN THE RIVER MOUNTAIN RANCH SUBDIVISION IN PRECINCT 3 PURSUANT TO CHAPTER 253 OF THE TEXAS TRANSPORTATION CODE.

Judge Becerra opened at 11:37a.m. No comments were made. Judge Becerra closed the public hearing at 11:37a.m. Mark Kennedy, General Counsel, explained the process of Chapter 253 to the Court. He noted a meeting was held with the County Clerk’s office to ensure all parties were ready to start work if the item is passed. All property owners must be provided with notice and a ballot from the County Clerk’s office through certified mail. The ballots returned to the County Clerk’s office will be counted and announced to the Commissioners Court. The Court discussed past experiences when dealing with this program. Commissioner Jones stated this program is beneficial for emergency services to access these subdivisions with a faster response time. Discussion was had about the process of this program regarding meetings with HOA/POA, having the Roads department access time and costs for the road improvements, the Development Services department is involved for the preparation to record a plat of the subdivision as most are private subdivisions and are not recorded. Judge Becerra noted an area that may benefit from this program and would revisit that area. A motion was made by Commissioner Shell, seconded by Commissioner Jones to instruct General Council to finalize ballot language and work with the County Clerk’s Office implement a Special Ballot Election as provided under State Law for the proposed improvements to roads within the River Mountain Ranch subdivision, in Precinct 3 of Hays County, to cause the roadway to comply with Hays County Road standards, and to assess all or part of the costs of the improvement, pro rata, against the record owners of the real property within that subdivision, based on the finding that the proposed improvements are necessary for the health, safety, and public welfare of the residents of Hays County; and to furthermore request that the results of that Special Ballot Election be returned to Hays County Commissioners Court and announced within 30 days, pursuant to Section 253.007 of the Texas Transportation Code. All present voted “Aye.” MOTION PASSED.

35389 APPROVE A VARIANCE FROM CHAPTER 721.5.05 (B) OF THE HAYS COUNTY DEVELOPMENT REGULATIONS. PLN-1455-NP; COVERED WAGON, PHASE 2.

Caitlyn Strickland, Development Services Director, stated Covered Wagon is a three-lot subdivision with each lot being more than 7 acres. It is located off Highway 21. The developer is requesting flag lots to improve the phasing of the project. She noted the Court is looking into this area for a bypass. Commissioner Jones stated flag lots makes sense for the detention of this project since it is an RV type park and not residential. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve a variance from Chapter 721.5.05 (B) of the Hays County Development Regulations. PLN-1455-NP; Covered Wagon, Phase 2. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JULY 14, 2020 35390 CALL FOR A PUBLIC HEARING ON JULY 28TH, 2020 TO DISCUSS FINAL PLAT APPROVAL OF THE REPLAT OF LOT 35, BURNETT RANCH, SECTION ONE SUBDIVISION. PLN-1433-PC.

A motion was made by Commissioner Shell, seconded by Commissioner Jones to call for a public hearing on July 28th, 2020 to discuss final plat approval of the Replat of Lot 35, Burnett Ranch, Section One Subdivision. PLN-1433-PC. All present voted “Aye.” MOTION PASSED.

35391 APPROVE THE CONTINUATION OF THE LOCAL DISASTER DECLARATION ORIGINALLY PROCLAIMED BY THE COUNTY JUDGE ON OR ABOUT MARCH 15, 2020 AND CONTINUED FOR 120 DAYS BY RESOLUTION OF COMMISSIONERS COURT ON MARCH 16, 2020.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve the continuation of the Local Disaster Declaration originally proclaimed by the County Judge on or about March 15, 2020 and continued for 120 days by resolution of Commissioners Court on March 16, 2020.

35392 DISCUSSION AND POSSIBLE ACTION REGARDING THE EMERGENCY CASH ASSISTANCE PROGRAM (ECAP), ALSO KNOWN AS PROJECT RECOIL, INCLUDING BUT NOT LIMITED TO, THE APPOINTMENT OF AWARD COMMITTEE MEMBERS, FUNDING OF THE PROGRAM, AND THE CONSIDERATION OF PROGRAM GUIDELINES.

Mark Kennedy, General Counsel, spoke to the Court regarding the finalization of the Committee members. He announced they will be meeting soon to review guidelines and the role of the committee. He spoke about a Memorandum of Understanding (M.O.U.) Agreement with People Fund. The People Fund group fees would cover their time on the project, provide a report, and provide a consult with business owners on disaster response and how to reopen their business. Options were presented to the Court’s regarding the M.O.U. agreement. Discussion was had about online applications as well as paper application, the process to submit applications, and deadlines to submit applications. Mark Kennedy stated applications will be accepted until all the funds available have been awarded. The Court agreed they would like a recap report at the end of this project. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the execution of a Memorandum of Understanding between Hays County and People Fund. All present voted “Aye.” MOTION PASSED.

35393 APPROVE THE APPOINTMENT OF CLINT GARZA TO THE BOARD OF DIRECTORS OF THE WEST TRAVIS COUNTY PUBLIC UTILITY AGENCY (THE “WTCPUA”).

Commissioner Smith noted that Hays County is ratifying the appointment made by the City of Bee Cave. Discussion was had among the Court as to the positive work history of Clint Garza as the former Hays County Chief of Staff. A motion was made by Commissioner Smith, seconded by Commissioner Jones to approve the appointment of Clint Garza to the Board of Directors of the West Travis County Public Utility Agency (the “WTCPUA”). All present voted “Aye.” MOTION PASSED.

35394 ADOPT A RESOLUTION RELATED TO SCENIC ROADWAYS WITHIN HAYS COUNTY, TEXAS.

Commissioner Smith thanked the Court for their consideration of this resolution. He asked the Court for their support to make this a piece of legislation, that would eventually make scenic roadways a local matter. Commissioner Jones noted this is something that the Commissioners have tried to get passed the last two sessions. Commissioner Smith stated he would like to create a commission to preserve scenic highways around Hays County. A motion was made by Commissioner Smith, seconded by Commissioner Shell to adopt a Resolution Related to Scenic Roadways within Hays County, Texas. All present voted “Aye.” MOTION PASSED.

35395 DESIGNATE FUNDING IN RELATION TO COUNSELS PRESENT AT A HAYS COUNTY CITE & DIVERT PROGRAM AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Shell explained the process for the Cite & Divert Program. He stated the Sheriff’s Office has met with Police Chiefs and other County Sheriffs and are looking at a start date of September 1, 2020. This program would allow for a defense attorney to be available twice a month. Rather than make an arrest, individuals would be given an appointment to meet with a defense attorney and the District Attorney’s office to possibly be placed in a program. Once the program is complete the District Attorney’s office could possibly drop or reduce the

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JULY 14, 2020 charges, much like taking a defensive driving course for a speeding ticket. This is another tool for law enforcement to use rather than crowding the jails. The funds requested are to cover the month of September for the defense attorney and the District Attorney’s office working after hours. Discussion was had to bring a presentation back to Court in a future date with details of the final process. A motion was made by Commissioner Shell, seconded by Commissioner Jones to designate funding in relation to counsels present at a Hays County Cite & Divert Program and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35396 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 INCLUDING BUT NOT LIMITED TO APPOINTMENT AND EMPLOYMENT OF THE HAYS COUNTY FIRE MARSHAL (CONTINGENT UPON AN ACCEPTABLE BACKGROUND CHECK AND ACCEPTANCE OF AN OFFER OF EMPLOYMENT) AND/OR THE HIRING OF THE DIRECTOR OF THE OFFICE OF EMERGENCY SERVICES (CONTINGENT UPON AN ACCEPTABLE BACKGROUND CHECK AND ACCEPTANCE OF AN OFFER OF EMPLOYMENT).

Mark Kennedy, General Counsel, noted that this is the full-time position that includes all the Hays County benefits. A motion was made by Commissioner Shell, seconded by Commissioner Jones to appointment Nathan Mendenhall to the Hays County Fire Marshall, contingent upon the acceptance of an offer of employment by the Human Resources Department at $65,000 per year. All present voted “Aye.” MOTION PASSED.

EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL REGARDING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN HAYS COUNTY AND THE HAYS COUNTY LAW ENFORCEMENT ASSOCIATION (HCLEA); AND CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ALL INDIVIDUAL POSITIONS SUBJECT TO SAID COLLECTIVE BARGAINING AGREEMENT. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

No action taken.

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

Judge Becerra noted the Fire Marshall sends a report to his office with his recommendations. At this time there will not be a burn ban. Commissioner Shell stated KBD index is high. He is expecting the Fire Marshall to recommend a burn ban soon. He suggested that it would not be a good time to burn with the dry conditions and wind. No action taken.

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 $64,762.00 for the week of July 5 – July 11, 2020. The number of outsourced males was 178 inmates and females were 8 inmates. The number of arrest made by agency are as follows; Buda Police Department - 5, Department of Public Safety – 7, Hays County Sheriff’s Department – 48, this includes court ordered commitments, warrant pick-ups from all agencies, and self-surrender warrants from all agencies, Kyle Police Department – 13, San Marcos Police Department - 19, Texas State Police Department – 0. Hays County Jail has 85 COVID positive cases, 20 of those inmates are currently housed in other jails. No action taken.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JULY 14, 2020 Clerk’s Note Agenda Item #37 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY CENSUS PROGRAM INCLUDING UPDATES FROM JESSICA MEJIA. – WAS PULLED.

Clerk’s Note Agenda Item #39 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 4:15 p.m.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JULY 21, 2020

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 21st DAY OF JULY 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 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.

THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS:

Elder Michael Myers of the San Marcos Abundant Life Christian 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

Christine Terrell, Hays County resident, gave public comments against additional attorney positions within the District Attorney’s office. Lauren Hubele, Hays County resident, gave public comments against the incarceration on nonviolent criminals. Sam Brannon, Hays County resident, gave public comments, against the Court mismanagement of COVID-19. Rodrigo Amaya, Hays County resident, gave public comments, against the District Attorney’s office and the Commissioners Court stating the overcrowding at the County jail starts within the mentioned offices. Dan Lyon, Hays County resident, made public comments against the county purchasing and read the disbursement list.

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

Judge Becerra stated that he has been talking with the school boards within Hays County about plans for the upcoming school year. Alex Villalobos, Chief of Staff and Emergency Management Coordinator, spoke to the Court regarding potential testing sites, test results, and upcoming testing events. Judge Becerra made an announcement that future testing is by appointment to minimize wait times. The Court further discussed other possible testing locations. No action was taken.

35397 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.

35398 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS.

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

35399 AUTHORIZE THE BUILDING MAINTENANCE DEPARTMENT TO HAVE CHAMBERLIN ROOFING & WATERPROOFING REPAIR TWO EXTERIOR WALLS OF THE JACOBS WELL NATURE CENTER THAT WERE DAMAGED IN RECENT FLOODING AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the Building Maintenance Department to have Chamberlin Roofing & Waterproofing repair two exterior walls of the Jacobs Well Nature Center that were damaged in recent flooding and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JULY 21, 2020 35400 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR 4 SHORT-TERM RENTAL CABINS LOCATED AT 7220 CREEK ROAD, DRIPPING SPRINGS, TEXAS 78620.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for 4 short-term rental cabins located at 7220 Creek Road, Dripping Springs, Texas 78620. All present voted “Aye.” MOTION PASSED.

35401 AUTHORIZE THE REPLACEMENT OF ONE (1) FAILED 3-TON HVAC SYSTEM LOCATED AT THE HAYS COUNTY TRANSPORTATION BUILDING AND AMEND THE BUDGET ACCORDINGLY.

Dan Lyon, Hays County resident, made public comments against this item. He stated the County is being overcharged for the install. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the replacement of one (1) failed 3-Ton HVAC system located at the Hays County Transportation building and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35402 APPROVE RENEWAL OF IFB 2018-B07 REGULATORY ROAD SIGNS WITH CENTERLINE SUPPLY, PATHMARK TRAFFIC EQUIPMENT, LLC AND VULCAN, INC. FOR ONE (1) ADDITIONAL YEAR AS STATED IN THE ORIGINAL BID. BLACKTOP INDUSTRIES, LLC HAS OPTED NOT TO RENEW THEIR CONTRACT.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve renewal of IFB 2018-B07 Regulatory Road Signs with Centerline Supply, PathMark Traffic Equipment, LLC and Vulcan, Inc. for one (1) additional year as stated in the original bid. Blacktop Industries, LLC has opted not to renew their contract. All present voted “Aye.” MOTION PASSED.

35403 AUTHORIZE THE TRANSPORTATION DEPARTMENT TO PURCHASE A NEW DELL LATITUDE LAPTOP COMPUTER VALUED AT $1,050.16 FOR THE RECENTLY FILLED PLANNER POSITION AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the Transportation Department to purchase a new Dell Latitude laptop computer valued at $1,050.16 for the recently filled Planner position and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35404 APPROVE UTILITY PERMITS.

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

35405 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A SECOND AMENDMENT TO CITY OF DRIPPING SPRINGS, COUNTY OF HAYS, DRIPPING SPRINGS INDEPENDENT SCHOOL DISTRICT, AND DRIPPING SPRINGS LIBRARY BOARD AGREEMENT REGARDING EXTENSION AND CLARIFICATION OF THE COST ALLOCATION AND REIMBURSEMENT FOR THE DRIPPING SPRINGS TAX INCREMENT REINVESTMENT ZONE NUMBER ONE AND TAX INCREMENT REINVESTMENT ZONE NUMBER TWO.

Commissioner Smith stated this modification is to clarify the parts of the project the Dripping Springs ISD can or cannot fund. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the County Judge to execute a Second Amendment to City of Dripping Springs, County of Hays, Dripping Springs Independent School District, and Dripping Springs Library Board Agreement Regarding Extension and Clarification of the Cost Allocation and Reimbursement for the Dripping Springs Tax Increment Reinvestment Zone Number One and Tax Increment Reinvestment Zone Number Two. All present voted “Aye.” MOTION PASSED.

35406 APPROVE THE CANCELLATION OF COMMISSIONERS COURT ON AUGUST 4, 2020.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve the cancellation of Commissioners Court on August 4, 2020. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JULY 21, 2020 35407 AUTHORIZE THE EXECUTION OF THE FY 2020 GRANT AGREEMENT WITH THE U.S. DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION FOR OVERTIME REIMBURSEMENTS RELATED TO THE SHERIFF'S OFFICE ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCE (OCDETF) AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the execution of the FY 2020 Grant Agreement with the U.S. Department of Justice, Drug Enforcement Administration for overtime reimbursements related to the Sheriff's Office Organized Crime Drug Enforcement Task Force (OCDETF) and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35408 ACCEPT THE FISCAL YEAR 2019 HAYS COUNTY EMERGENCY SERVICES DISTRICT #7 AUDIT REPORT PER TEXAS HEALTH AND SAFETY CODE 775.082.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to accept the Fiscal Year 2019 Hays County Emergency Services District #7 Audit Report per Texas Health and Safety Code 775.082. All present voted “Aye.” MOTION PASSED.

35409 AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE THIRD ADDENDUM TO A CHAPTER 381 CHAPTER ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT BETWEEN HAYS COUNTY AND HUMPTY DUMPTY SSM, LTD. EXECUTED ON OR ABOUT JULY 21, 2015.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the County Judge to execute the Third Addendum to a Chapter 381 Chapter Economic Development Incentive Agreement between Hays County and Humpty Dumpty SSM, Ltd. executed on or about July 21, 2015. All present voted “Aye.” MOTION PASSED.

35410 RATIFY THE SUBMISSION OF A GRANT APPLICATION TO THE DEPARTMENT OF STATE HEALTH SERVICES (DSHS) FOR THE TUBERCULOSIS PREVENTION AND CONTROL - FEDERAL GRANT PROGRAM (TB/PC - FEDERAL) IN THE AMOUNT OF $26,757.00.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to ratify the submission of a grant application to the Department of State Health Services (DSHS) for the Tuberculosis Prevention and Control - Federal Grant Program (TB/PC - Federal) in the amount of $26,757.00. All present voted “Aye.” MOTION PASSED.

35411 AMEND VARIOUS DEPARTMENTAL OPERATING, SPECIAL REVENUE AND CAPITAL PROJECT BUDGETS IN PREPARATION FOR FISCAL YEAR 2020 3RD QUARTER FINANCIAL REPORTING.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to amend various departmental operating, special revenue and capital project budgets in preparation for Fiscal Year 2020 3rd Quarter financial reporting. All present voted “Aye.” MOTION PASSED.

35412 AMEND THE TRANSPORTATION DEPARTMENT'S BUDGET FOR ROAD- BUILDING MATERIALS VALUED AT $33,108.40 TO RECEIVE APPROXIMATELY 520 TONS OF LIMESTONE ROCK ASPHALT, TYPE II, GRADE DS MATERIAL FROM THE TEXAS DEPARTMENT OF TRANSPORTATION THROUGH THE 2020 TXDOT SURPLUS PROGRAM AND ADD TO THE DEPARTMENT'S INVENTORY.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to amend the Transportation Department's budget for road-building materials valued at $33,108.40 to receive approximately 520 tons of Limestone Rock Asphalt, Type II, Grade DS material from the Texas Department of Transportation through the 2020 TxDOT Surplus Program and add to the department's inventory. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JULY 21, 2020 35413 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT/CONTRACT BETWEEN HAYS COUNTY AND HNTB CORPORATION TO PROVIDE ENVIRONMENTAL AND PUBLIC INVOLVEMENT SERVICES RELATED TO THE FM 150 (CENTER ST) RELOCATION OF UP SWITCHING LINE (KYLE UPRR SIDING RELOCATION) PROJECT AS PART OF THE 2016 ROAD BOND PROGRAM.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Professional Services Agreement/Contract between Hays County and HNTB Corporation to provide environmental and public involvement services related to the FM 150 (Center St) relocation of UP switching line (Kyle UPRR Siding Relocation) project as part of the 2016 Road Bond Program. All present voted “Aye.” MOTION PASSED.

35414 HOLD A PUBLIC HEARING TO REDUCE THE CURRENT 60 MPH SPEED LIMIT TO 45 MPH ON THE WEST END OF WINTERS MILL PARKWAY FOR THE NEW WISD BLUE HOLE PRIMARY SCHOOL.

Judge Becerra opened the public hearing at 10:16 a.m. No comments were made. Judge Becerra closed the public hearing at 10:16 a.m. Commissioner Shell noted this reduction is 2,000 feet outside of the school zone in an effort to slow the traffic down as they approach the school zone. A motion was made by Commissioner Shell, seconded by Commissioner Smith to approve payments of County invoices. All present voted “Aye.” MOTION PASSED.

35415 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT/CONTRACT BETWEEN HAYS COUNTY AND BOWMAN CONSULTING GROUP, LTD TO PROVIDE DESIGN ENGINEERING SERVICES FOR FM 150 CTL GAP PROJECT IN PRECINCT 1.

Commissioner Ingalsbe stated this item is to finalize the construction plans. This section was originally left out due to environmental issues. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute a Professional Services Agreement/Contract between Hays County and Bowman Consulting Group, Ltd to provide Design Engineering services for FM 150 CTL Gap project in Precinct 1. All present voted “Aye.” MOTION PASSED.

35416 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT/CONTRACT WITH COBB, FENDLEY & ASSOCIATES, INC. TO PROVIDE UTILITY COORDINATION SERVICES FOR RM 967 SAFETY TURN LANES (BUDA SPORTS COMPLEX DRIVE, HAYS CISD HIGH SCHOOL NO. 4, AND OAK FOREST DRIVE INTERSECTIONS) IN PRECINCT 2 AS PART OF THE ROAD BOND PROGRAM.

Commissioner Jones noted the motion is to cover Hays CISD High School No.4. This item is to cover utilities and improvements. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Professional Services Agreement/Contract with Cobb, Fendley & Associates, Inc. to provide utility coordination services for RM 967 Safety Turn Lanes (Buda Sports Complex Drive, Hays CISD High School No. 4, and Oak Forest Drive Intersections) in Precinct 2 as part of the Road Bond Program. All present voted “Aye.” MOTION PASSED.

35417 APPROVE THE SELECTION OF BINKLEY & BARFIELD, INC. TO PROVIDE UTILITY COORDINATION SERVICES FOR RM 12 AT RM 3237 INTERSECTION PROJECT IN PRECINCT 3; AND TO AUTHORIZE STAFF AND COUNSEL TO NEGOTIATE A CONTRACT.

A motion was made by Commissioner Shell, seconded by Commissioner Smith to approve the selection of Binkley & Barfield, Inc. to provide utility coordination services for RM 12 at RM 3237 intersection project in Precinct 3; and to authorize staff and counsel to negotiate a contract. All present voted “Aye.” MOTION PASSED.

35418 APPROVE THE FINAL PLAT FOR O'NEIL RANCH, TRACT 7 SUBDIVISION. PLN-1475-NP

A motion was made by Commissioner Smith, seconded by Commissioner Shell to approve the final plat for O'Neil Ranch, Tract 7 Subdivision. PLN-1475-NP. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JULY 21, 2020 35419 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AND RENTAL AGREEMENT BETWEEN HAYS COUNTY AND WATERLOGIC USA TO REPLACE WATER UNITS AT THE TRANSPORTATION DEPARTMENTS WIMBERLEY AND DRIFTWOOD YARDS.

A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the County Judge to execute and rental agreement between Hays County and Waterlogic USA to replace water units at the Transportation Departments Wimberley and Driftwood Yards. All present voted “Aye.” MOTION PASSED.

35420 AWARD RFP 2020-P11 ELECTION BALLOT PRINTING, INSERTION AND MAILING SERVICES TO RUNBECK ELECTION SERVICES AND AUTHORIZE STAFF AND GENERAL COUNSEL TO NEGOTIATE A CONTRACT.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to award RFP 2020- P11 Election Ballot Printing, Insertion and Mailing Services to Runbeck Election Services and authorize staff and General Counsel to negotiate a contract. All present voted “Aye.” MOTION PASSED.

35421 AUTHORIZE THE CONSTABLE PCT. 4 OFFICE TO UTILIZE SALARY SAVINGS TO PURCHASE ESSENTIAL EQUIPMENT FOR MOTOR OFFICERS AND FLEET MAINTENANCE AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize the Constable Pct. 4 Office to utilize salary savings to purchase essential equipment for Motor Officers and Fleet Maintenance and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

Clerk’s Note Agenda Item #27 RE: DISCUSSION AND POSSIBLE ACTION TO ISSUE VARIANCE FROM HAYS COUNTY RULES FOR ONSITE SEWAGE FACILITIES SECTION M FOR AN OSSF PERMIT AT 901 WILLIAMSON RD, BUDA, TX 78610. – WAS PULLED.

35422 IDENTIFY FUNDS FOR ADMINISTRATION COSTS ASSOCIATED WITH THE EMERGENCY CASH ASSISTANCE PROGRAM (ECAP) PURSUANT TO CHAPTER 381 OF THE TEXAS LOCAL GOVERNMENT CODE AND AMEND THE BUDGET ACCORDINGLY.

Court discussed the process for the loan applications to be submitted. They also discussed a timeline as to when the business owners would be notified if they will receive the awarded money. Mark Kennedy, General Counsel, spoke to the Court regarding the future meetings and plans for the committee. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to identify funds for Administration Costs associated with the Emergency Cash Assistance Program (ECAP) pursuant to Chapter 381 of the Texas Local Government Code and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35423 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 INCLUDING BUT NOT LIMITED TO APPOINTMENT AND EMPLOYMENT OF THE HAYS COUNTY FIRE MARSHAL (CONTINGENT UPON AN ACCEPTABLE BACKGROUND CHECK AND ACCEPTANCE OF AN OFFER OF EMPLOYMENT) AND/OR THE HIRING OF THE DIRECTOR OF THE OFFICE OF EMERGENCY SERVICES (CONTINGENT UPON AN ACCEPTABLE BACKGROUND CHECK AND ACCEPTANCE OF AN OFFER OF EMPLOYMENT).

Mike Jones, Director of Emergency Services, thanked the Court for the opportunity to serve Hays County. A motion was made by Commissioner Judge Becerra, seconded by Commissioner Jones to appoint Mike Jones as Director of the Emergency Services. All present voted “Aye.” MOTION PASSED.

A motion was made by Judge Becerra, seconded by Commissioner Shell, to appoint Nathan Mendenhall to the position of Fire Marshal number 09800-11 at the 50th percentile of grade 115 effective August 10th, 2020. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JULY 21, 2020 35424 ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION.

Judge Becerra stated the Fire Marshall has recommended a Burn Ban. A motion was made by Judge Becerra, seconded by Commissioner Jones to initiate a Burn Ban beginning today for 60 days or until it is recommended by the Fire Marshall to remove the Burn Ban. All present voted “Aye.” MOTION PASSED.

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 $62,637.00 for the week of July 12– July 18, 2020. The number of outsourced males was 173 inmates and females were 7 inmates. The number of arrest made by agency are as follows; Buda Police Department - 3, Department of Public Safety – 4, Hays County Sheriff’s Department – 42, this includes court ordered commitments, warrant pick-ups from all agencies, and self-surrender warrants from all agencies, Kyle Police Department – 26, San Marcos Police Department - 21, Texas State Police Department – 0. The number of inmates with confirmed positive cases of COVID -19 in the currently in the county jail are 65 inmates as of July 19, 2020 at 3p.m. No action taken.

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

Clerk’s Note Agenda Item #32 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY CENSUS PROGRAM INCLUDING UPDATES FROM JESSICA MEJIA. – WAS PULLED.

Clerk’s Note Agenda Item #34 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED.

ADJOURNMENT

A motion was made by Judge Becerra, seconded by Commissioner Jones to adjourn court at 10:33 a.m.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JULY 28, 2020

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 28th DAY OF JULY 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:

Chaplain Javier Maldonado, of 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, made public comments regarding future foreclosures for Hays County citizens. He stated the Court should spend less taxpayers’ money. He then read the disbursement list for Hays County. Rodrigo Amaya, Hays County resident, made public comments regarding his opposition of two County employees’ positions, one within the District Attorney’s office, and the other in the Office of General Counsel. He made public comments in favor of a Public Defenders office. Lauren Hubele, San Marcos resident, made public comments in favor of the Public defender’s office. She asked the Court if they are condoning or normalizing acts of injustice against citizens of Hays County. Christine Terrell, San Marcos resident, made public comments, in favor of a Public defender’s office. She stated that the Court and people present have the luxury of patience while the county employees and fellow citizens being held in the jail do not, as they continue to be exposed to COVID while changes are patiently made.

35425 UPDATE FROM THE COUNTY JUDGE AND STAFF REGARDING THE LOCAL DISASTER DECLARATION AND COVID-19. POSSIBLE DISCUSSION AND ACTION MAY FOLLOW.

Judge Becerra made an announcement thanking several staff members whom have contributed to the past and current planning and coordination of disaster plans for Hays County. Alex Villalobos, Chief of Staff and Emergency Management Coordinator, spoke to the Court regarding the COVID-19 updates. He stated a lease agreement for property off Highway 123 is being worked out for a future testing site. He noted a Memorandum of Understanding agreement that is in place with Communicare. His staff is currently working on fees and details with Premier ER regarding testing. He spoke about work with Texas State University regarding future testing for students and staff. He stated the complete Texas State University staff is working on details to use the Texas State University clinic and communicating with CPL labs. This is to ensure parallels between Texas State University and CPL labs. Discussions are being had for a testing site in Dripping Springs. He listed some of the available testing that is held throughout the county. There are agreements with Premier ER and Live Oak Clinic to hold first responder testing. Baylor Scott & White has testing in Buda. Alex Villalobos, Chief of Staff and Emergency Management Coordinator, noted private medical providers are also conducting COVID-19 screenings for their patients. He stated that the testing processes have changed as there is no screening process, but there are registration processes for each additional site to allow for efficient and quick work. They are working on quick access to the testing results through CPL labs using an online patient portal. However, they still need to be considerate of people who do not have emails or social media by collecting contact information. Commissioner Ingalsbe asked about molecular testing and how long will those tests be available? Alex Villalobos, Chief of Staff and Emergency Management Coordinator, responded that the county has about six months of tests that are available through CPL labs. He said they are working on finding other sources for tests and labs. Judge Becerra noted the regional hospital for overflow has been turned on for the use of 10 counties. This will be used as flex space for less critical patients. This facility includes 100 additional beds. He noted the public can look this information up under CAPCOG. He included that the County has not been in jeopardy of running out of hospital beds and thanked the public for their help. Alex Villalobos, Chief of Staff and Emergency Management Coordinator, noted the personal protective equipment inventory that is on hand. Tammy Crumley, Director of Countywide Operations, noted the Live Oak Clinic numbers have tapered off, but the countywide testing numbers have not. She wanted to recognize some of the staff members who were present in Court for their ongoing work during the COVID-19 disaster. Margie Rodriguez, Manager of the Health

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JULY 28, 2020 Department, Amelia Flores, Eric Schneider, Medical Epidemiologist, Gregory Drew, State Medical Epidemiologist, and the entire Building Maintenance crew, that pick up and deliver the personal protective equipment. The Court thanked all the mentioned staff members. Commissioner Jones asked Eric Schneider, Medical Epidemiologist for Hays County Health Department, about the communication between the County and the Independent School Boards in the county. Eric Schneider, Medical Epidemiologist for Hays County Health Department, stated that he has been in contact with the School Boards and Superintendents about the options that are available along with following the Governors Orders and TEA suggestions, as well as trends throughout the I-35 Corridor. Commissioner Jones asked what the numbers of positive cases are for school aged children. Eric Schneider, Medical Epidemiologist for Hays County Health Department, stated there has been an influx over the last week of case between the ages of 10 - 20 years of age. He noted the tests numbers for children 10 years and younger stay consistent, and pediatricians do not really test that age group. The danger with that age group is they are generally asymptomatic, and it is hard to tell if they are positive. Judge Becerra noted he is working with the Office of General Counsel to create a document to support the school districts without restricting the individual districts. Commissioner Smith asked if discussions are being had with Texas State University. Eric Schneider, Medical Epidemiologist for Hays County Health Department, stated he has a scheduled conference call with Texas State University. He stated that Texas State University has their own emergency preparedness plan in place to address students contracting COVID-19, regarding different scenarios. They have also discussed conducting contact tracing for the students. Commissioner Smith stated with citizens and school aged children, the county has an idea of where they are and where they have been, versus the unknown communities and travel that approximately 38,000 to 39,000 Texas State University students will be coming from. He stated there are approximately 3,300 full time staff members returning to Texas State University that are a part of this community that will be exposed to that environment. He noted the last influx took place within that population of university students’ age group. Commissioner Smith requested when discussions are taking place between the county and the university to include some type of system for that rate of exposure, or an agreement for the County to have participation in those types of conversations. Commissioner Smith asked Alex Villalobos, Chief of Staff and Emergency Management Coordinator, if he could put together a standard operating procedure to address a County office exposure other than shutting down the entire office. Alex Villalobos, Chief of Staff and Emergency Management Coordinator, stated possibly appointing a management system, updating the website, and setting up the County website as an online business. Alex Villalobos, Chief of Staff and Emergency Management Coordinator, spoke about his meetings with department heads and elected officials to find out the needs of the offices so that they may open to the public. He noted disinfect sprays and installing plexiglass barriers. Commissioner Smith stated he would like more communication with the public for closures and instructions on how to continue conducting business.

Clerk’s Note: Judge Becerra called to reopen this agenda item at 10:43 a.m.

Mark Kennedy, Office of General Counsel, spoke to the Court about a lease agreement for two commercial spaces off Highway 123 in San Marcos. One space would be used as a testing and vaccination center and the other would be used as a call center. He reviewed the lease agreement with the Court highlighting sections that would need to be modified to meet government code before the contract is signed. Judge Becerra asked if the price per square footage is competitive. Tammy Crumley, Director of County Wide Operations, stated to the Court that the space is turnkey, and she would just need to move in furniture to be ready for staff to move in. Mike Jones, Director of Emergency Services, stated he had the realtor give him comparable pricing, and he believes the location is set at a good price. Commissioner Smith asked that given the fact the County is losing many voting locations would these building have enough space to be voting centers? Mike Jones, Director of Emergency Services, stated the buildings could be used in the future as voting locations. Tammy Crumley, Director of County Wide Operations, stated that the building was looked at with multiuse purposes in mind, and there is room for voting and voting equipment in the buildings. Commissioner Ingalsbe asked for the address of the two locations. Mark Kennedy, Office of General Counsel, stated the locations are 1224 Highway 123 and 1236 Highway 123. Judge Becerra added his support for the locations. A motion was made by Judge Becerra, seconded by Commissioner Ingalsbe to approve two commercial leases between Elmer C. Niece Testamentary Trust and Hays County and noting the modifications that were verbalized in court. All present voted “Aye.” MOTION PASSED.

Clerk’s Note: Judge Becerra called to reopen this agenda item at 12:44p.m.

Mark Kennedy, Office of General Counsel, stated he presented a COVID-19 Return to Work Requirement Sheet. He stated this document was a culmination of discussions between County Wide Operations, Personal Health, Emergency Management, Human Resources Department and Office of General Counsel. Currently the County is using a testing approach. The CDC has since put out a time approach in addition the testing approach. The presented sheet has some additional measures. In order to return to work the employee must have the following; Employee has a physician’s clearance to return to work, they have been asymptomatic for at least 10 days, and no member of their household that they are living with has COVID related symptoms. He requested the Court apply these requirements countywide. Shari Miller, Human Resource Director, stated to the Court that every COVID related absence has been different. This would give guidance to the department heads. She noted Hays County is still paying 2/3-time paid leave for COVID related absences. She believes with school beginning soon there will be new challenges for employees that are parents with school aged children. Judge Becerra asked since there is a countywide mask order and a Governor’s mask order, if the County has given direction for employees regarding wearing masks when dealing with the public. Shari Miller, Human Resource Director, stated the County has not required or directed employees to wear a mask. Mark Kennedy, Office of General Counsel, stated the Court could recommend a policy for employees, however the elected official can act autonomously. He stated Court members could always call specific offices to inquire about masking wearing. A motion was made by Commissioner Jones, seconded by Commissioner Shell to adopt the COVID Return to Work Requirement as a countywide policy. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JULY 28, 2020 35426 ADOPT A PROCLAMATION DECLARING AUGUST 2020 AS NATIONAL IMMUNIZATION AWARENESS MONTH IN HAYS COUNTY.

Eric Schneider, Medical Epidemiologist for Hays County Health Department, stated although COVID-19 is on most people’s minds, there are still other diseases that still afflict Hays County residents. He stated that the United States effective immunizations have worked so well that some people question the necessity of vaccines. In 2000, the CDC declared measles were eliminated from the United States, however 1282 cases of measles occurred in 2019, due to increased international travel and refusal to vaccinate. The largest outbreak since the vaccines was invented. He stated, as everyone has seen over the last five months it takes a community effort to make a public health program work effectively. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to adopt a proclamation declaring August 2020 as National Immunization Awareness Month in Hays County. All present voted “Aye.” MOTION PASSED.

Clerk’s Note: Judge Becerra called for a break that began at 12:50 p.m. and resumed back into open court at 1:00 p.m.

PRESENTATION BY THE HAYS COUNTY PARKS AND OPEN SPACE ADVISORY COMMISSION RELATED TO PROSPECTIVE PROJECTS WITHIN HAYS COUNTY.

George Cofer, Chief Executive Officer Hill Country Conservancy, public comments were read in Court by the County Clerk. He urged the Court to accept the recommendation put forth by Parks and Open Space Advisory Commission and thanked the Court. Katherine Romans, Executive Director, Hill Country Alliance, public comments were read in Court by the County Clerk. She was in support of the recommendation by Parks and Open Space Advisory Commission. She thanked Hays County for their proactive approach for parks and open spaces. Commissioner Shell stated he was excited to hear the recommendation from the committee. Scott Wade, Chair of the Parks and Open Space Advisory Commission, presented the final recommendation of the commission to the Court. Dianne Wassenich, Hays County resident, made public comments in favor of the Parks and Open Space Advisory Commission’s recommendations. She commended the committee and its leaders. She stated she was in full support of the Capes Pond project. Commissioner Ingalsbe thanked the committee for their work in these difficult times. She noted funding for the tier one projects and asked for clarification on the second tier. She thanked the committee for including the Cape Pond project for the eastside of San Marcos. She believes this would provide connectivity throughout the trail systems. Mark Kennedy, Office of General Counsel, stated that the committee would make the recommendation and hand over the information to county staff to complete negotiations and meet policies. Commissioner Smith thanked the committee for their work and dedication. He noted that the urban projects could also be considered as polling locations. He stated there are a number of conservation efforts that are not tied to municipalities and moving forward with flexibility with the bonds. Commissioner Shell thanked the committee and staff members that contributed to this recommendation. Commissioner Jones thanked the committee and especially his appointees for answering all his questions. Mark Kennedy, Office of General Counsel, noted August 17, 2020 is the last day to vote and approve. Judge Becerra stated he campaigned on Hays County becoming the Central Park of Central Texas. He stated he was grateful for the work of the Committee. He would want more information to address the flood mitigation. He noted Hays County has a huge debt and will personally wrestle with the list of projects. He thanked Karen Ford for her work on the committee. Again, he stated he was grateful for the recommendations but is reluctant. He stated more public comments will be slated in an open house. Scott Wade, Chair of the Parks and Open Space Advisory Commission, stated that they could look for more information on the flood mitigation impacts of the projects. He noted a divide between the flood impacts on the east and west of I-35. Commissioner Jones asked if this smaller working group was an advantage. Jim Camp stated there was 20 people on the Parks and Open Space Advisory Commission after the 2007 bond. He said he felt 10 members was a good number. Laura Depont, member of the Parks and Open Space Advisory Commission stated she felt it was a good process. She also commented that this opportunity will last for generations. Lisa Pruitt thanked Mark Kennedy for his assistance. She also commented that these improvements will add to the quality of life. Katherine Nichols, member of the Parks and Open Space Advisory Commission, commented on the need for water and river access and the ability to recharge. Commissioner Smith thanked Commissioner Shell and former Commissioner Karen Ford for their foresight to create this board. No action was taken.

35427 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.

35428 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS.

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

35429 APPROVE COMMISSIONERS COURT MINUTES OF JULY 14, 2020 AND JULY 21, 2020.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JULY 28, 2020 A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve Commissioners Court Minutes of July 14, 2020 and July 21, 2020. All present voted “Aye.” MOTION PASSED.

35430 APPROVE THE PAYMENT OF THE JULY 31, 2020 PAYROLL DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $3,850,000.00 EFFECTIVE JULY 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 Shell to approve the payment of the July 31, 2020 payroll disbursements in an amount not to exceed $3,850,000.00 effective July 31, 2020 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voted “Aye.” MOTION PASSED.

35431 AUTHORIZE THE REPLACEMENT OF ONE (1) 3.5 TON HVAC SYSTEM LOCATED AT THE HAYS COUNTY PCT. 5 LION'S CLUB BUILDING AND AMEND THE BUDGET ACCORDINGLY.

Dan Lyon, Hays County resident, made public comment against the purchase of the HVAC system. He stated the equipment is likely marked up 25% and asked about the financial responsibility the County owes the Lion’s Club. Tammy Crumley, Director of County Wide Operations, stated the County owns the building and the AC is over 20 years old. She stated the County would maintain the building. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the replacement of one (1) 3.5 Ton HVAC system located at the Hays County Pct. 5 Lion's Club building and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35432 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR 24 RV SPACES LOCATED AT 710 HENLY LOOP, DRIPPING SPRINGS, TEXAS 78620.

A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for 24 RV spaces located at 710 Henly Loop, Dripping Springs, Texas 78620. All present voted “Aye.” MOTION PASSED.

35433 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR LONE MAN MOUNTAIN BREWERY LOCATED AT 2825 LONE MAN MOUNTAIN ROAD, WIMBERLEY, TEXAS 78619.

A motion was made by Commissioner Smith, seconded by Commissioner Shell to Authorize On-Site Sewage Facility Permit for Lone Man Mountain Brewery located at 2825 Lone Man Mountain Road, Wimberley, Texas 78619. All present voted “Aye.” MOTION PASSED.

Clerk’s Note: Judge Becerra called for a break that began at 10:50 a.m. and resumed back into open court at 11:00 a.m.

AUTHORIZE A WAIVER TO THE PURCHASING POLICY FOR THE PURCHASE OF SPECIALTY LOBBY FURNITURE FROM ARCONAS CORPORATION FOR THE PUBLIC SAFETY BUILDING BOND PROJECT.

Dan Lyon, Hays County resident, made public comment against the purchase of the furniture. He stated the purchase of the furniture has nothing to do with safety. He also commented that the furniture is not from a local company. Commissioner Ingalsbe noted the approved Bond did include funds for furniture and fixtures. She did have a question about this bid compared to other bids that were received. She noted that the Arconas bid was at a 50% discount. Discussion was had among the Court members and Mark Kennedy, Office of General Counsel, as to whom would have information about the additional bids. After a short recess, Judge Becerra announced there was not enough information for this agenda item and it would be pulled. He announced it would be revisited with more supporting information. He thanked Dan Lyon for his comments. No action was taken.

35434 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A SERVICE ORDER WITH GRANDE COMMUNICATIONS BUSINESS FOR MONTHLY FIBER INTERNET SERVICES FOR THE PUBLIC SAFETY BUILDING AND AUTHORIZE A DISCRETIONARY EXEMPTION PER TEXAS LOCAL GOVERNMENT CODE CH. 262.024(A)(7)(D).

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JULY 28, 2020 A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to Authorize the County Judge to execute a Service Order with Grande Communications Business for monthly Fiber Internet Services for the Public Safety Building and authorize a discretionary exemption per Texas Local Government Code Ch. 262.024(a)(7)(D). All present voted “Aye.” MOTION PASSED.

35435 RATIFY THE ACCEPTANCE OF A DONATION OF $100.00 TO THE SHERIFF'S OFFICE AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to ratify the acceptance of a donation of $100.00 to the Sheriff's Office and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35436 AUTHORIZE THE PURCHASE OF ONE REPLACEMENT DELL OPTIPLEX 7070 FOR THE DPS LICENSE & WEIGHT DIVISION ADMINISTRATIVE STAFF AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the purchase of one replacement Dell OptiPlex 7070 for the DPS License & Weight Division administrative staff and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35437 AUTHORIZE AN AMENDMENT TO THE TEXAS OFFICE OF THE GOVERNOR (OOG) - CRIMINAL JUSTICE DIVISION (CJD) RELATED TO A GRANT EXTENSION FOR THE MENTAL HEALTH CRISIS INTERVENTION PROJECT.

Sheriff Cutler introduced Erin Barker. Erin Barker spoke to the Court regarding her assistance to the patrols when dealing with mental health crisis situations. She helps with the evaluation of the person, providing safety plans, coordinating with local mental health services, and at times when required placing a person under an emergency detention order. She stated her role is to help provide services as quickly as possible. Judge Becerra asked how many calls they receive in a day or week. Erin Barker stated they get several calls a week, but most of her time is spent following up with individuals. She stated that her division also provides Crisis Intervention training to all the deputies in the Sheriff’s office. Commissioner Ingalsbe thanked the Sheriff and Erin Barker. She also noted this is an extension. Commissioner Smith also thanked the Sheriff and commended the Sheriff’s office for moving forward with this program. He stated he would like to see an expansion of this program in the next budget. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize an amendment to the Texas Office of the Governor (OOG) - Criminal Justice Division (CJD) related to a grant extension for the Mental Health Crisis Intervention project. All present voted “Aye.” MOTION PASSED.

35438 AUTHORIZE THE EXECUTION OF THE FY 2021 INTERLOCAL CONTRACT FOR THE NEXT GENERATION 9-1-1 DATABASE PROGRAM WITH THE CAPITAL AREA EMERGENCY COMMUNICATIONS DISTRICT (CAECD) FOR EMERGENCY COMMUNICATIONS GEOGRAPHIC INFORMATION SYSTEMS (GIS) SERVICES TO BE PROVIDED BY THE COUNTY WITH NO COUNTY MATCHING FUNDS REQUIRED.

A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the execution of the FY 2021 Interlocal Contract for the Next Generation 9-1-1 Database Program with the Capital Area Emergency Communications District (CAECD) for emergency communications Geographic Information Systems (GIS) services to be provided by the County with no County matching funds required. All present voted “Aye.” MOTION PASSED.

35439 AUTHORIZE THE EXECUTION OF A CONTRACT WITH THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES (DSHS) FOR THE COVID-19 GRANT PROGRAM IN THE AMOUNT OF $103,777.00 AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the execution of a contract with the Texas Department of State Health Services (DSHS) for the COVID-19 Grant Program in the amount of $103,777.00 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JULY 28, 2020 35440 APPROVE UTILITY PERMITS.

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

35441 AUTHORIZE THE VETERAN'S ADMINISTRATION OFFICE TO PURCHASE CASE MANAGEMENT SOFTWARE FROM ADVANTEC INFORMATION SYSTEMS, LLC AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the Veteran's Administration Office to purchase Case Management Software from Advantec Information Systems, LLC and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35442 AUTHORIZE THE COUNTY JUDGE TO EXECUTE PROPOSALS WITH MICROCEPTION, INC. FOR VIDEO OVERSIGHT TOTALING $12,499.00 AND AUTHORIZE A DISCRETIONARY EXEMPTION PER TEXAS LOCAL GOVERNMENT CODE CH. 262.024(A)(7)(D).

A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the County Judge to execute Proposals with Microception, Inc. for Video Oversight totaling $12,499.00 and authorize a discretionary exemption per Texas Local Government Code Ch. 262.024(a)(7)(D). All present voted “Aye.” MOTION PASSED.

35443 AUTHORIZE THE OFFICE OF EMERGENCY SERVICES TO PURCHASE 10 MICROSOFT SURFACE PRO 7S AND 10 CANON ALL-IN-ONE PRINTERS THAT WILL BE USED AT THE COVID-19 TESTING SITES AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the Office of Emergency Services to purchase 10 Microsoft Surface Pro 7s and 10 Canon All-In-One Printers that will be used at the COVID-19 testing sites and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35444 AUTHORIZE A WAIVER TO THE PURCHASING POLICY FOR MGC, INC. TO RELOCATE AND CERTIFY EVIDENCE ROOM EQUIPMENT FOR THE PUBLIC SAFETY BUILDING BOND PROJECT.

Judge Becerra asked why the waiver is needed. Marisol Villarreal-Alonzo, Auditor, stated they wanted to use the same vendor that installed the equipment to also move the equipment. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize a waiver to the purchasing policy for MGC, Inc. to relocate and certify Evidence Room Equipment for the Public Safety Building bond project. All present voted “Aye.” MOTION PASSED.

35445 APPROVE SPECIFICATIONS FOR IFB 2020-B14 LIME KILN ROAD IMPROVEMENTS AND AUTHORIZE PURCHASING TO SOLICIT FOR PROPOSALS AND ADVERTISE.

Commissioner Smith stated that he was excited to get this project completed. This project was delayed and was deferred through CAMPO. Commissioner Jones stated that after talking with CAMPO staff that once this project is added to the list that the county could be reimbursed. A motion was made by Commissioner Smith, seconded by Commissioner Shell to approve specifications for IFB 2020-B14 Lime Kiln Road Improvements and authorize Purchasing to solicit for proposals and advertise. All present voted “Aye.” MOTION PASSED.

35446 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT/CONTRACT BETWEEN HAYS COUNTY AND HDR ENGINEERING, INC TO PROVIDE CONSTRUCTION ENGINEERING, INSPECTION & TESTING (CE&I) SERVICES RELATED TO HAYS COUNTY ROAD IMPROVEMENT PROJECTS ON AN AS-NEEDED BASIS.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JULY 28, 2020 Commissioner Smith noted this is one of three companies that was selected through the bidding process. A motion was made by Commissioner Smith, seconded by Commissioner Jones to authorize the County Judge to execute a Professional Services Agreement/Contract between Hays County and HDR Engineering, Inc to provide construction engineering, inspection & testing (CE&I) services related to Hays County Road Improvement Projects on an as-needed basis. All present voted “Aye.” MOTION PASSED.

35447 HOLD A PUBLIC HEARING TO ESTABLISH A 25 MPH SPEED LIMIT IN SAVANNAH RIDGE SUBDIVISION.

Judge Becerra opened the public hearing at 12:36p.m. No comments were made. Judge Becerra closed the public hearing at 12:36p.m. Commissioner Jones stated this section was part of a speed study. The results showed there was excessive speeding in this area. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to establish a 25 MPH speed limit in Savannah Ridge subdivision. All present voted “Aye.” MOTION PASSED.

35448 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT/CONTRACT BETWEEN HAYS COUNTY AND BGE, INC TO PROVIDE CONSTRUCTION ENGINEERING, INSPECTION & TESTING (CE&I) SERVICES RELATED TO LIME KILN ROAD (CR 225) A HAYS COUNTY ROAD BOND PROJECT.

Commissioner Smith requested item 23 be opened at this time as well. He stated this is part of the 2016 Road bond project. A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize the County Judge to execute a Professional Services Agreement/Contract between Hays County and BGE, Inc to provide construction engineering, inspection & testing (CE&I) services related to Lime Kiln Road (CR 225) a Hays County Road Bond Project. All present voted “Aye.” MOTION PASSED.

35449 APPROVE AMENDMENT #1 TO THE ADVANCE FUNDING AGREEMENT BETWEEN HAYS COUNTY AND THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE RM 2325 AT FISCHER STORE ROAD PROJECT AND AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE ADVANCE FUNDING AGREEMENT AMENDMENT #1 ON BEHALF OF HAYS COUNTY.

Commissioner Shell stated this motion will allow the project to move forward. A motion was made by Commissioner Shell, seconded by Commissioner Smith to approve amendment #1 to the Advance Funding Agreement between Hays County and the Texas Department of Transportation (TxDOT) for the RM 2325 at Fischer Store Road 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.

35450 AWARD CONTRACT FOR IFB 2020-BB12 COTTON GIN ROAD IMPROVEMENTS - PHASE 1 TO PATIN CONSTRUCTION, LLC.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to award contract for IFB 2020-BB12 Cotton Gin Road Improvements - Phase 1 to Patin Construction, LLC. All present voted “Aye.” MOTION PASSED.

35451 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN INTERLOCAL AGREEMENT AND RIGHT OF ENTRY AGREEMENT BETWEEN HAYS COUNTY AND THE DRIPPING SPRINGS INDEPENDENT SCHOOL DISTRICT REGARDING THE FUNDING AND CONSTRUCTION OF A NEW DRIVEWAY ON THE SYCAMORE SPRINGS CAMPUS IN CONJUNCTION WITH THE SAWYER RANCH ROAD BOND PROJECT AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Smith stated this is an additional driveway to the Sycamore Springs School. A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize the County Judge to execute an Interlocal Agreement and Right of Entry Agreement between Hays County and the Dripping Springs Independent School District regarding the Funding and Construction of a new driveway on the Sycamore Springs Campus in conjunction with the Sawyer Ranch Road Bond Project and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JULY 28, 2020 35452 APPROVE THE FINAL PLAT OF THE REPLAT OF LOT 35, BURNETT RANCH, SECTION ONE SUBDIVISION; PLN-1433-PC.

Judge Becerra opened the public hearing at 10:30a.m. No comments were made. Judge Becerra closed the public hearing at 10:31 a.m. A motion was made by Commissioner Shell, seconded by Commissioner Smith to approve the final plat of the Replat of Lot 35, Burnett Ranch, Section One Subdivision; PLN- 1433-PC. All present voted “Aye.” MOTION PASSED.

35453 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN HAYS COUNTY AND COMMUNICARE HEALTH CENTERS RELATED TO COVID-19 TESTING.

Tammy Crumley, Director of County Wide Operations, stated this agreement is to operate testing locations for Wednesday afternoons in Wimberley as a drive-thru and Sundays in Kyle as a clinic setting, sometime in mid- August. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Professional Services Agreement between Hays County and CommuniCare Health Centers related to COVID-19 Testing. All present voted “Aye.” MOTION PASSED.

35454 ALLOW ADDITIONAL TRANSPORTATION DEPARTMENT STAFF TO TAKE WORK VEHICLES TO THEIR HOMES, REQUESTED PER THE COUNTY PROPERTY AND EMPLOYEE RESPONSIBILITY CHAPTER IN HR POLICY GUIDANCE.

Commissioner Jones stated this motion would allow two employees to travel from their home to the job sites and help to maintain social distancing from the office setting. Commissioner Ingalsbe asked if this is temporary due to COVID-19. Commissioner Jones stated yes. Marisol Villarreal-Alonzo, Auditor, noted this is a taxable fringe benefit, so the employees will be taxed $3 per day for commuting services. A motion was made by Commissioner Jones, seconded by Commissioner Shell to allow additional Transportation Department staff to take work vehicles to their homes, requested per the County Property and Employee Responsibility chapter in HR Policy guidance. All present voted “Aye.” MOTION PASSED.

35455 NAME THE TRAINING FACILITIES AT THE HAYS COUNTY SHERIFF'S OFFICE THE "ALLEN BRIDGES TRAINING CENTER", DEDICATED IN MEMORY OF FORMER HAYS COUNTY SHERIFF, ALLEN BRIDGES (1946- 2008).

Sheriff Cutler introduced Kathy Bridges, Wife of former Hays County Sheriff Allen Bridges. Sheriff Cutler stated there were 54,000 logged training hours for 2019. He would like to name the academy after former Hays County Sheriff Allen Bridges. Mark Kennedy, Office of General Counsel, stated that when Allen Bridges was laid to rest there was a large turnout of community support. Mark Kennedy, Office of General Counsel, read a resolution for the Court. Kathy Bridges, Wife of former Hays County Sheriff Allen Bridges, stated her husband loved Hays County and loved his job. Commissioner Ingalsbe stated that she was honored to sponsor this item and spoke about former Sheriff Allen Bridges’ law enforcement career. Commissioner Jones stated that Sheriff Allen Bridges was a great man to everyone. He knows Sheriff Allen Bridges would be proud of his wife and son. Commissioner Shell stated that this is a great tribute to Sheriff Allen Bridges. Commissioner Smith thanked Mrs. Bridges for her sacrifice. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to name the training facilities at the Hays County Sheriff's Office the "Allen Bridges Training Center", dedicated in memory of former Hays County Sheriff, Allen Bridges (1946-2008). All present voted “Aye.” MOTION PASSED.

35456 AUTHORIZE THE COUNTY JUDGE TO EXECUTE TWO INFORMATION RELEASE CONTRACTS WITH THE TEXAS WORKFORCE COMMISSION FOR THE BENEFIT OF THE HAYS COUNTY SHERIFF'S OFFICE AND THE HAYS COUNTY CRIMINAL DISTRICT ATTORNEY'S OFFICE.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the County Judge to execute two Information Release Contracts with the Texas Workforce Commission for the benefit of the Hays County Sheriff's Office and the Hays County Criminal District Attorney's Office. All present voted “Aye.” MOTION PASSED.

35457 APPOINT JUDGES, ALTERNATE JUDGES AND CLERKS FOR THE NOVEMBER 3, 2020 GENERAL ELECTION FOR A TWO-YEAR TERM FROM AUGUST 1, 2020 TO JULY 31, 2022.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JULY 28, 2020 Jennifer Anderson, Elections Administrator, sited Chapter 32 of the Election Code that requires the Court to approve the appointment of Judges and Alternate Judges. She stated the location list will be presented to the Court for approval at the August 11, 2020 Commissioners Court meeting. The list of Judges and Alternate Judges was already approved by the Elections Board. Commissioner Smith thanked Ms. Anderson for her work finding locations. He stated the task for finding locations has become even more difficult due COVID-19, as several places do not want the public in their buildings during this pandemic. He noted the Governor’s recent announcement to extend early voting for an additional week was less than helpful to Ms. Anderson’s efforts to secure voting locations. Commissioner Ingalsbe also thanked Jennifer Anderson and her staff for their work. Jennifer Anderson, Elections Administrator, stated both party chairs worked very hard. She also noted that poll worker applications are available. Judge Becerra stated that the list can be modified at a later date. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to appoint Judges, Alternate Judges and clerks for the November 3, 2020 General Election for a two-year term from August 1, 2020 to July 31, 2022. All present voted “Aye.” MOTION PASSED.

35458 DISCUSSION AND POSSIBLE ACTION REGARDING THE EMERGENCY CASH ASSISTANCE PROGRAM (ECAP), ALSO KNOWN AS PROJECT RECOIL, INCLUDING BUT NOT LIMITED TO, FUNDING FOR ADVERTISEMENT AND REFINEMENT OF PROCEDURE RELATED TO DISTRIBUTION OF GRANTS.

Mark Kennedy, Office of General Counsel, presented an update to the Court. He stated the application has been finalized as of last week. The Go Live date is August 1, 2020. He noted Greater San Marcos Partnership would like to pay for marketing and advertising of the ECAP. Commissioner Ingalsbe requested a copy of the application. Mark Kennedy, Office of General Counsel, stated he would send that application to her. He stated he discussed with Brittany Richey, Hays County Treasurer, about the timeliness of the grant payments. The treasurer suggested setting up a routing form of approval signatures in order to pay the grant funds quickly. The Court discussed appointing a Court member to sign the routing form. The signatures would include the Auditor or delegee, Treasurer or delegee, and Commissioner Shell. Mark Kennedy, Office of General Counsel, stated the grant award would come to Court on the next regular agenda for ratification, however the check will proceed by a few days of the Court’s consideration.

Clerk’s Note: Judge Becerra called to reopen this agenda item at 12:41p.m.

Mark Kennedy, Office of General Counsel, stated after further discussion with Brittany Richey, Hays County Treasurer that the Court may want to make an amendment to the previous motion to include People Fund, remove the Auditor’s designee, as only the Auditor can sign checks, and include a signature from the Office of General Counsel. A motion was made by Commissioner Jones, seconded by Commissioner Smith to appoint Commissioner Lon Shell, the Auditor, and the Treasurer or her designee, Office of General Counsel designee, and People Fund to be able to sign off on any grant awards in advance of the Court’s ratification of the Grants. All present voted “Aye.” MOTION PASSED.

DISCUSSION AND POSSIBLE ACTION REGARDING THE FY 2021 BUDGET INCLUDING A PRESENTATION OF THE JUDGE’S RECOMMENDED BUDGET AND THE SELECTION OF DATES FOR BUDGET WORKSHOPS.

Judge Becerra thanked the Auditor’s office for their assistance with the Judge’s recommended budget. He stated that he wants to be consistent and a good fiscal steward. The budget drops the rate slightly. He stated there were several cutbacks. He noted there were many requests for I.T. which will now need approval from I.T. and the Auditor’s office. He stated $1.5 Million dollars are allocated to collective bargaining. The new Jail has taken a large part of the budget. Modifications to minimize Transportations department requests were made. The budget for Jail outsourcing has been zeroed out due to the new jail, new departments, and new magistrate judge positions. He stated additions have been made for the District Attorney’s office, the magistration positions, staffing for the Sheriff’s office, medical contracts, and Tax Assessor Collector’s office. He noted budget requests were reduced to current budgets, except new programs. Hays County employees will get a cost of living increase but not merit increase. Judge Becerra explained with his proposed budget an average home valued at $270,000.00 would see an increase of $3.08 per month for 2021. He announced the budget workshops are scheduled for August 11, 2020 at 10:00 a.m., August 18, 2020 at 10:00 a.m., and August 25, 2020 at 1:00 p.m. Vickie Dorsett, Auditor’s Office, stated there was approximately $4 Million dollars that were not annualized due to staff salaries for the District Attorney’s office and the Sheriff’s staffing. That amount will be added to the 2021 budget. She stated this information will be sent out to all the department heads for their budget review. Commissioner Jones asked about the public notices with the wording revenue tax rate and effective tax rate. Marisol Villarreal-Alonzo, Auditor, explained that a recent change in the statute now requires specific wording for public notices. Revenue tax rate in place of effective tax rate and roll back rate is now called voter approval tax rate. The Court thanked the Auditor’s office for their work and dedication to the budget. No action was taken.

Clerk’s Note: Executive Session began at 11:19 a.m. and resumed back into open court at 12:25 p.m.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JULY 28, 2020 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 CONSTABLE PRECINCT 3 OFFICE. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

Commissioner Shell stated the resignation of Constable Ray Helm from precinct 3 has been publicized but he has not received anything in writing. He stated since no official resignation has been received that he does not think an appointment will need to be made at this time. Judge Becerra stated only the Precinct chairs of that precinct can choose appointments for their parties. He stated he was not in favor of choosing either appointment selected by the party chairs. Judge Becerra stated he spoke to General Counsel and the verbal resignation is sufficient documentation to accept. Commissioner Ingalsbe asked if an appointment is made, would that person need to be a resident in that specific precinct. Mark Kennedy, Office of General Counsel, stated that the appointed person would have to be a resident in the precinct on the day of their appointment. Commissioner Jones stated he is in support of Commissioner Shell’s direction on the matter. Commissioner Smith stated he also supports Commissioner Shell, however he stated that regardless of party the Court should select the best candidate for the position. He also had concerns about the possibilities of the involvement of individuals within the Constable’s office and their knowledge of the current resignation of the Constable. He stated he has reservations about appointing anyone from within the office. No action was taken.

35459 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 CONSTABLE OFFICES RELATED TO PROVIDING SERVICES FOR COVID-19 TESTING SITES. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

Judge Becerra stated this motion is to ensure the deputies that helped with testing sites are properly compensated. Commissioner Jones stated these hours worked are outside of the deputies’ regular work schedule. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to ratify the overtime budget date to 3/16/20 the for all Deputy Constables Offices to preform law enforcement services related to COVID-19 testing sites. All present voted “Aye.” MOTION PASSED.

35460 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ALL INDIVIDUAL POSITIONS IN THE HAYS COUNTY OFFICE OF EMERGENCY SERVICES. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to create one part- time Plans Examiner (20 hours per week), grade 113 effective 8/1/20 as presented. Position will be funded through salary savings within the OES Department and will be added for funding determinations to the FY21 budget workshops discussions. All present voted “Aye.” MOTION PASSED.

Clerk’s Note Agenda Item #41 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 $61,287.00 for the week of July 19th – July 25th, 2020. The number of outsourced males was 172 inmates and females were 6 inmates. The number of arrest made by agency are as follows; Buda Police Department - 5, Department of Public Safety – 1, Hays County Sheriff’s Department – 55, this includes court ordered commitments, warrant pick-ups from all agencies, and self-surrender warrants from all agencies, Kyle Police Department – 20, San Marcos Police Department - 33, Texas State Police Department – 2. There are 62 inmates that have tested positive with COVID-19 as of July 27, 2020 at 11:00AM. This number does not include jail facility employees. No action taken.

Clerk’s Note Agenda Item #43 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JULY 28, 2020 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.

Clerk’s Note Agenda Item #45 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED.

ADJOURNMENT

A motion was made by Judge Becerra, seconded by Commissioner Jones to adjourn court at 2:16 p.m.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** AUGUST 7, 2020

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 7th DAY OF AUGUST 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:

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:

Judge Becerra called the meeting to order. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Commissioner Jones gave the invocation.

PUBLIC COMMENTS

Brendon Burleson, Hays County resident, made public comments not in favor of the nomination of Cody Cheatham as interim Constable for Precinct 3. He submitted a printed Facebook post to the Court. He announced he and his family will be filing a lawsuit against Cody Cheatham. Sam Brannon, Hays County resident, made comments in favor of accepting Ray Helms resignation, and he stated there is bipartisan cronyism throughout the Hays County government.

Clerk’s Note: The following Public Comments were submitted via e-mail, and read aloud by Elaine Cárdenas, County Clerk to the Court.

Ari Axelrod, La Fayette, Colorado, made public comments against Ray Helm and asked the Court to accept his resignation. He also stated the court should have been prepared for the resignation sooner. Armando Perez, Cindy Rodriguez, Claudia Q. Perez, Debora Morris, Deborah Charnes, Gregg Sealy, Heather Carter, Heiko Stang, Jessica Bouldin, Kate Crosthwaite, Lindsey Deringer, Maureen Gibson, and Sandra Organ Solis, citizens of Wimberley Valley, made public comments in favor of appointing an existing officer in the precinct as interim Constable until a duly elected Constable can take over the position. They agreed whomever is appointed should not be on the ballot. Cynthia Millonzi, Wimberley Valley citizen, made public comments in favor of a temporary appointment until a new Constable can be duly elected. She stated the Court needs to address the issue and take action to replace this position. Jamie Pettit, Wimberley Valley citizen, made public comments in favor of an appointing a current officer until a duly elected Constable can be voted into the position. She also stated the Court has taken a long time to appoint a replacement, this is unfair to voters and taxpayers. Mindy Webber, Wimberley Valley citizen, made public comments that people have lost trust in the Precinct 3 office. She stated that Constable Ray Helm should no longer receive his salary from taxpayers, no longer have access to confidential information concerning former staff and citizens, as well as no longer receiving county benefits. She was in favor of a temporary appointment until someone is elected into the position. Nan Booth Simpson, Precinct Chair of the Hays County Democratic Chairwoman, stated she knows of at least one person who will apply for the position. She believes is it fair to have candidates from both parties and is in favor a vote in November. Tara Racine, Wimberley Valley citizen, made public comments stating her disappointment in the Commissioners for not showing up to the Special meeting this past Monday. She is in favor of appointing the deputy second in command as the interim until an election can be had. Larissa Rook, Wimberley Valley citizen, made public comments against a temporary appointment. She stated there is a process in place for an absent Constable. She is in favor of voting in a new Constable. Deborah Bowers, Wimberley Valley citizen, made public comments against a temporary appointment, but in favor of voting for the position. Ann-Tyler Konradi, Wimberley Valley citizen, made public comments against a temporary appointment, but in favor of voting for the position. Donna Haschke, Wimberley Valley citizen, made public comments in favor of a vote for the Constable Precinct 3 position.

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 CONSTABLE PRECINCT #3 OFFICE. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT. BECERRA

No action was taken.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** AUGUST 7, 2020 35461 DISCUSSION AND POSSIBLE ACTION TO ACCEPT THE RESIGNATION OF RAY HELM, HAYS COUNTY CONSTABLE PRECINCT #3, AND APPOINT A NEW HAYS COUNTY CONSTABLE PRECINCT #3 TO FILL THE UNEXPIRED TERM (UNTIL DECEMBER 31, 2020).

Commissioner Ingalsbe, stated that an email was received from Cody Cheatham expressing interest in the available position. She asked if Cody Cheatham met the qualifications of the position. Commissioner Shell answered that since Cody Cheatham recently ran in the March primary election that he did not believe so, since that is less than six months and he could not have dual residency. Commissioner Jones thanked the Deputies in Precinct 3 and stated that Don Montague was elected countywide not too long ago and has respect throughout all four precincts. Commissioner Smith stated he is excited about the experience and integrity Don Montague would bring to the position. Judge Becerra stated that his vote will not reflect anything negative towards Commissioner Shell’s nomination. His hope is to fill the position with someone from within the organization that will not be on the ballot. A motion was made by Commissioner Shell, seconded by Commissioner Smith to appoint Don Montague as the Hays County Constable Precinct 3 pending his qualifications, and the acceptance of the appointment, and accept the resignation of Ray Helm. Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, and Commissioner Smith voted “Aye.” Judge Becerra voted “No.” MOTION PASSED.

ADJOURNMENT

A motion was made by Judge Becerra, seconded by Commissioner Jones to adjourn court at 2:17 p.m.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** AUGUST 11, 2020

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 11th DAY OF AUGUST 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 Stella Burkhalter of the Kyle United Methodist 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 made public comment against the Hays County disbursements. Sharon O’Neil made public comment against holding indigent jail detainees. Sam Brannon made public comment regarding elections. Christine Terrell made public comment in favor of a Public Defender’s office. Lauren Hubele made public comment in favor of the Criminal Justice – Public Defender’s office. Rodrigo Amaya made public comment regarding accountability of Hays County elected officials. Herman Fabela made public comment regarding the budget item for Precinct 5 staff positions. James Reece made public comment against the Hays County Courthouse closures, County Clerk office closure, and against the Cite and Divert Program. Jordan Buckley made public comment regarding the human rights crisis in the Hays County Jail. Anita Collins, Executive Assistant to the County Judge, made public comment against the Commissioners and Sheriff Cutler stating that the elected officials’ disrespect and discriminate against the Judge’s office.

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

Mike Jones, Director of Office of Emergency Services, gave an update to the Court. Tammy Crumley, County Wide Operations Director, spoke. Mark Kennedy, Office of General Counsel, spoke. No action was taken.

INTRODUCTION OF THE OFFICE OF EMERGENCY SERVICES (OES) STAFF BY MIKE JONES, DIRECTOR OF OES.

Mike Jones, Director of Office of Emergency Services, introduced his staff to the Court. He explained how each person contributed to Hays County. The Court thanked the staff for their work and dedication. No action was taken.

PRESENTATION AND DISCUSSION BY DAN WEGMILLER OF SPECIALIZED PUBLIC FINANCE INC. REGARDING REFUNDING OF EXISTING BONDS.

Dan Wegmiller, Specialized Public Finance Inc., presented to the Court their financial standing and options regarding refunding of existing bonds. No action was taken.

35462 APPROVE PAYMENTS OF COUNTY INVOICES.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** AUGUST 11, 2020 35463 APPROVE PAYMENT OF JUROR CHECKS.

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

35464 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to approve payments of United Healthcare claims. All present voted “Aye.” MOTION PASSED.

35465 APPROVE COMMISSIONERS COURT MINUTES OF JULY 28, 2020.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to approve Commissioners Court Minutes of July 28, 2020. All present voted “Aye.” MOTION PASSED.

35466 APPROVE THE PAYMENT OF THE AUGUST 15, 2020 PAYROLL DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $2,995,000.00 EFFECTIVE AUGUST 14, 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 August 15, 2020 payroll disbursements in an amount not to exceed $2,995,000.00 effective August 14, 2020 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voted “Aye.” MOTION PASSED.

35467 APPROVE THE SHERIFF'S OFFICE JAIL DIVISION TO UTILIZE SAVINGS OF $3,000 FROM CONTINUING ED FUNDS TO ENTER INTO A MASTER SERVICE AGREEMENT WITH LEXIPOL FOR CORRECTIONSONE ACADEMY AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to approve the Sheriff's Office Jail Division to utilize savings of $3,000 from Continuing Ed Funds to enter into a master service agreement with Lexipol for CorrectionsOne Academy and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35468 AUTHORIZE THE COUNTY CLERK'S OFFICE TO PURCHASE EIGHT (8) CREDIT CARD READERS TOTALING $5,285.64 FROM JR'S POS DEPOT, AUTHORIZE A PURCHASING POLICY WAIVER AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to Authorize the County Clerk's Office to purchase eight (8) Credit Card Readers totaling $5,285.64 from JR's POS Depot, authorize a purchasing policy waiver and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35469 RATIFY A TEMPORARY RIGHT OF ENTRY AGREEMENT BETWEEN HAYS COUNTY AND THE CITY OF SAN MARCOS FOR THE HAYS COUNTY PROPERTY LOCATED AT 755 CIVIC CENTER, SAN MARCOS, TEXAS.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to ratify a Temporary Right of Entry Agreement between Hays County and the City of San Marcos for the Hays County property located at 755 Civic Center, San Marcos, Texas. All present voted “Aye.” MOTION PASSED.

35470 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR NEW DRIPPING SPRINGS ELEMENTARY SCHOOL LOCATED AT 11091 DARDEN HILL ROAD, AUSTIN, TEXAS 78737.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for new Dripping Springs Elementary school located at 11091 Darden Hill Road, Austin, Texas 78737. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** AUGUST 11, 2020 35471 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR NEW 7-ELEVEN LOCATED AT 12212 W US 290, AUSTIN, TEXAS 78737.

A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize On-Site Sewage Facility Permit for new 7-Eleven located at 12212 W US 290, Austin, Texas 78737. All present voted “Aye.” MOTION PASSED.

35472 AMEND THE CONSTABLE PCT. 2 OPERATING BUDGET FOR $341.00 FOR COSTS RELATED TO THE MOBILE RADIO EQUIPMENT APPROVED IN THE FY20 BUDGET PROCESS.

A motion was made by Commissioner Shell, seconded by Commissioner Jones to amend the Constable Pct. 2 operating budget for $341.00 for costs related to the mobile radio equipment approved in the FY20 budget process. All present voted “Aye.” MOTION PASSED.

35473 AMEND THE APPOINTMENT DATE OF NATHAN MENDENHALL TO FIRE MARSHAL FROM AUGUST 10, 2020 TO AUGUST 4, 2020.

A motion was made by Commissioner Shell, seconded by Commissioner Jones to amend the appointment date of Nathan Mendenhall to Fire Marshal from August 10, 2020 to August 4, 2020. All present voted “Aye.” MOTION PASSED.

35474 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR NEW RESTAURANT LOCATED AT 14111 WINTER'S MILL PARKWAY, WIMBERLEY, TEXAS 78676.

A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize On-Site Sewage Facility Permit for new restaurant located at 14111 Winter's Mill Parkway, Wimberley, Texas 78676. All present voted “Aye.” MOTION PASSED.

35475 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR THE ROSEMARY HALL DORMITORY IN THE BURKE CENTER FOR YOUTH AT 20710 W FM 150, DRIFTWOOD, TEXAS 78619.

A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize On-Site Sewage Facility Permit for the Rosemary Hall Dormitory in the Burke Center for Youth at 20710 W FM 150, Driftwood, Texas 78619. All present voted “Aye.” MOTION PASSED.

35476 APPROVE UTILITY PERMITS.

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

35477 APPROVE THE OFFICIAL BOND OF THE NEWLY APPOINTED FIRE MARSHAL, NATHAN PAUL MENDENHALL.

A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve the official bond of the newly appointed Fire Marshal, Nathan Paul Mendenhall. All present voted “Aye.” MOTION PASSED.

35478 AUTHORIZE PAYMENT TO ELECTROTECHNICS CORPORATION (ELTEC) FOR $1,960.83 RELATED TO REPLACING A DAMAGED SCHOOL ZONE FLASHER POST FOR SCIENCE HALL ELEMENTARY SCHOOL STEMMING FROM AN AUTO ACCIDENT THAT OCCURRED ON DACY LANE IN WHICH NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER COUNTY PURCHASING POLICY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize payment to Electrotechnics Corporation (Eltec) for $1,960.83 related to replacing a damaged school zone flasher post for Science Hall Elementary School stemming from an auto accident that occurred on Dacy Lane in which no purchase order was issued as required per County Purchasing Policy. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** AUGUST 11, 2020 35479 APPROVE AND CONFIRM THE APPOINTMENTS OF PORTER KING FEAREY DEWAR AS DEPUTY CONSTABLE AND TIMOTHY WALKER AS RESERVE DEPUTY CONSTABLE IN THE HAYS COUNTY CONSTABLE PRECINCT 1 OFFICE, EFFECTIVE DATE AUGUST 11, 2020.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to Approve and confirm the appointments of Porter King Fearey Dewar as Deputy Constable and Timothy Walker as Reserve Deputy Constable in the Hays County Constable Precinct 1 Office, effective date August 11, 2020. All present voted “Aye.” MOTION PASSED.

35480 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN AMENDMENT TO THE COUNTY'S AGREEMENT WITH TYLER TECHNOLOGIES, INC. FOR PURPOSES OF TEXT MESSAGE AND EMAIL REMINDER NOTIFICATIONS RELATED TO COURT APPEARANCES, DIVERSION APPEARANCES, WARRANTS, AND PAYMENT COMPLIANCE AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute an Amendment to the County's Agreement with Tyler Technologies, Inc. for purposes of text message and email reminder notifications related to court appearances, diversion appearances, warrants, and payment compliance and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35481 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A WORK ORDER AND FIRE ALARM SYSTEM AGREEMENT WITH SECURITY ONE, INC. FOR FIRE ALARM MONITORING SERVICES FOR THE PUBLIC SAFETY BUILDING.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute a Work Order and Fire Alarm System Agreement with Security One, Inc. for Fire Alarm Monitoring Services for the Public Safety Building. All present voted “Aye.” MOTION PASSED.

35482 APPROVE SPECIFICATIONS FOR RFP 2020-P08 ELECTION FORM PRINTING SERVICES AND AUTHORIZE PURCHASING TO SOLICIT FOR PROPOSALS AND ADVERTISE.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve specifications for RFP 2020-P08 Election Form Printing Services and authorize Purchasing to solicit for proposals and advertise. All present voted “Aye.” MOTION PASSED.

35483 AUTHORIZE THE INFORMATION TECHNOLOGY DEPARTMENT TO PURCHASE REPLACEMENT COMPUTER EQUIPMENT FOR VARIOUS DEPARTMENTS AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the Information Technology Department to purchase replacement computer equipment for various departments and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35484 AUTHORIZE THE OFFICE OF EMERGENCY SERVICES DEPARTMENT TO PURCHASE ONE UPGRADED IPHONE SE128 GB VALUED AT $123.99 IN ORDER TO LOAD APPLICATIONS FOR EMERGENCY PREPAREDNESS.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the Office of Emergency Services department to purchase one upgraded iPhone SE128 GB valued at $123.99 in order to load applications for emergency preparedness. All present voted “Aye.” MOTION PASSED.

35485 AUTHORIZE A WAIVER TO THE PURCHASING POLICY FOR THE ELECTION OFFICE TO PURCHASE BALLOT PAPER FOR THE NOVEMBER 3, 2020 GENERAL ELECTION.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** AUGUST 11, 2020 A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize a waiver to the purchasing policy for the Election Office to purchase ballot paper for the November 3, 2020 General Election. All present voted “Aye.” MOTION PASSED.

35486 APPROVE THE OFFICIAL BOND OF THE NEWLY-APPOINTED HAYS COUNTY CONSTABLE FOR PRECINCT #3, DON MONTAGUE.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to approve the official bond of the newly appointed Hays County Constable for Precinct #3, Don Montague. All present voted “Aye.” MOTION PASSED.

35487 APPROVE AND CONFIRM THE APPOINTMENTS OF DEPUTY CONSTABLES DESIGNATED BY THE NEWLY-APPOINTED CONSTABLE, DON MONTAGUE, IN THE HAYS COUNTY CONSTABLE PRECINCT 3 OFFICE, EFFECTIVE AUGUST 10, 2020.

Don Montague spoke to the Court. Judge Becerra spoke. Mark Kennedy, Office of General Counsel spoke to the Court. A motion was made by Commissioner Shell, seconded by Commissioner Smith to approve and confirm the appointments of Deputy Constables designated by the newly appointed Constable, Don Montague, in the Hays County Constable Precinct 3 Office, effective August 10, 2020. All present voted “Aye.” MOTION PASSED.

35488 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA)/CONTRACT BETWEEN HAYS COUNTY AND RPS INFRASTRUCTURE, INC. TO PROVIDE ENGINEERING DESIGN SERVICES FOR RM 12 AT RM 3237 INTERSECTION PROJECT IN PRECINCT 3 AS PART OF THE 2016 ROAD BOND PROGRAM.

A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the County Judge to execute a Professional Services Agreement (PSA)/contract between Hays County and RPS Infrastructure, Inc. to provide engineering design services for RM 12 at RM 3237 intersection project in Precinct 3 as part of the 2016 Road Bond Program. All present voted “Aye.” MOTION PASSED.

35489 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A CHANGE ORDER NO. 1 TO A CONTRACT BETWEEN HAYS COUNTY AND RPS INFRASTRUCTURE, INC. ON THE RM 12 AT RM 3237 INTERSECTION PROJECT IN PRECINCT 3 AS PART OF THE 2016 ROAD BOND PROGRAM EXECUTED ON OR ABOUT APRIL 9, 2019.

A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the County Judge to execute a Change Order No. 1 to a Contract between Hays County and RPS Infrastructure, Inc. on the RM 12 at RM 3237 Intersection project in Precinct 3 as part of the 2016 Road Bond Program executed on or about April 9, 2019.All present voted “Aye.” MOTION PASSED.

Clerk’s Note Agenda Item #32 RE: DISCUSS AND POSSIBLE ACTION TO AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA)/CONTRACT BETWEEN HAYS COUNTY AND COBB, FENDLEY & ASSOCIATES, INC. TO PROVIDE ENGINEERING DESIGN AND ROW ACQUISITION SERVICES ON THE WINTERS MILL INTERSECTION IMPROVEMENTS AT RM 12 AND RM 3237 PROJECT IN PRECINCT 3 AS PART OF THE 2016 ROAD BOND PROJECT. – WAS PULLED.

35490 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A CONTRACT AMENDMENT NO. 1 TO A CONTRACT BETWEEN HAYS COUNTY AND DOUCET & ASSOCIATES, INC. FOR THE DARDEN HILL ROAD (FM1826 TO SAWYER RANCH ROAD) WIDENING AND TURN LANES PROJECT AS PART OF THE 2016 ROAD BOND PROGRAM EXECUTED ON OR ABOUT OCTOBER 30, 2018.

Commissioner Smith noted this is part of the 2016 Road bond. A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize the County Judge to execute a Contract Amendment No. 1 to a Contract between Hays County and Doucet & Associates, Inc. for the Darden Hill Road (FM1826 to Sawyer Ranch Road) widening and turn lanes project as part of the 2016 Road Bond Program executed on or about October 30, 2018. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** AUGUST 11, 2020 35491 AWARD CONTRACTS FOR IFB 2020-B09 ROADWAY IMPROVEMENTS - HOT MIX OVERLAY TO BENNETT PAVING, INC.

A motion was made by Commissioner Jones, seconded by Commissioner Smith to award contracts for IFB 2020-B09 Roadway Improvements - Hot Mix Overlay to Bennett Paving, Inc. All present voted “Aye.” MOTION PASSED.

35492 AWARD CONTRACTS FOR IFB 2020-B16 ROADWAY IMPROVEMENTS - REMOVE & REPLACE HOT MIX TO TURNER PAVING & CONSTRUCTION INC.

A motion was made by Commissioner Jones, seconded by Commissioner Smith to award contracts for IFB 2020-B16 Roadway Improvements - Remove & Replace Hot Mix to Turner Paving & Construction Inc. All present voted “Aye.” MOTION PASSED.

35493 APPROVE THE RESULTS OF THE RETURNED BALLOTS OF THE PROPERTY OWNERS WHO VOTED ON THE PROPOSED IMPROVEMENTS OF ROADWAYS WITHIN RIVER MOUNTAIN RANCH SUBDIVISION PRECINCT 3 OF HAYS COUNTY PURSUANT TO CHAPTER 253 OF THE TEXAS TRANSPORTATION CODE.

Elaine Cárdenas, County Clerk, presented the Court with the ballot results. She announced the majority vote came in as “Yes.” Mark Kennedy, General Counsel, Spoke to the Court about the next steps. A motion was made by Commissioner Shell, seconded by Commissioner Smith to approve the results of the returned ballots of the property owners who voted on the proposed improvements of roadways within River Mountain Ranch Subdivision Precinct 3 of Hays County pursuant to Chapter 253 of the Texas Transportation Code. All present voted “Aye.” MOTION PASSED.

35494 GRANT A VARIANCE FROM TABLE 10-1 OF THE HAYS COUNTY RULES FOR ON-SITE SEWAGE FACILITIES AND CHAPTER 715.3.01 (C) OF THE HAYS COUNTY DEVELOPMENT REGULATIONS, PLN-1400-PC; PENN SUBDIVISION, LOT 1A-1, REPLAT (2 LOTS).

Caitlyn Strickland, Development Services, announced the property owners request is a regular request. A motion was made by Commissioner Smith, seconded by Commissioner Shell to grant a variance from Table 10-1 of the Hays County Rules for On-Site Sewage Facilities and Chapter 715.3.01 (C) of the Hays County Development Regulations, PLN-1400-PC; Penn Subdivision, Lot 1A-1, Replat (2 Lots).All present voted “Aye.” MOTION PASSED.

35495 GRANT A VARIANCE FROM SECTION 10. W. 1. OF THE HAYS COUNTY RULES FOR ON-SITE SEWAGE FACILITIES AND ALLOW ISSUANCE OF DEVELOPMENT PERMITS TO THE OWNER OF 560 DEAD MANS HOLE RD, DRIPPING SPRINGS, TX 78620.

Commissioner Smith stated this lot is over 200 acres and this request is to address some issues. Caitlyn Strickland, Development Services, clarified the situation to the Court. A motion was made by Commissioner Smith, seconded by Commissioner Shell to grant a variance from section 10. W. 1. of the Hays County Rules for On-Site Sewage Facilities and allow issuance of development permits to the owner of 560 Dead Mans Hole Rd, Dripping Springs, TX 78620. All present voted “Aye.” MOTION PASSED.

35496 REISSUE THE KINDER MORGAN PERMIAN HIGHWAY PIPELINE ROAD CROSSING PERMITS FOR PUMP STATION ROAD, MT. SHARP ROAD, AND LEDGEROCK ROAD, ALLOWING CONSTRUCTION ACTIVITIES TO CONTINUE FOR THE 42" NATURAL GAS PIPELINE CONTINGENT UPON THE CERTAIN CRITERIA.

Commissioner Shell stated these are permits to allow work for crossings. A motion was made by Commissioner Shell, seconded by Commissioner Smith to reissue the Kinder Morgan Permian Highway Pipeline road crossing permits for Pump Station Road, Mt. Sharp Road, and Ledgerock Road, allowing construction activities to continue for the 42" natural gas pipeline contingent upon the certain criteria. The issuance of these permits is contingent upon the following criteria; 1. Kinder Morgan will provide the schedule, order of the road crossing work and notify the County and HTGCD staff at least 10 calendar days in advance.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** AUGUST 11, 2020 2. Hays County and HTGCD staff will be granted access to the construction sites during and after the boring process 3. Kinder Morgan will notify HTGCD in the event a significant karst feature is encountered during the course bore construction. 4. Kinder Morgan provided HTGCD staff with access to all crossing activities including boring and camera imagining.

All present voted “Aye.” MOTION PASSED.

35497 AUTHORIZE THE EXECUTION OF A $1,000,000 LETTER OF AGREEMENT BETWEEN HAYS COUNTY AND CHRISTUS Santa Rosa HOSPITAL (CSRSM) AS BUDGETED FOR FY2020 TO INDIGENT HEALTH CARE COSTS.

A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the execution of a $1,000,000 Letter of Agreement between Hays County and CHRISTUS Santa Rosa Hospital (CSRSM) as budgeted for FY2020 to Indigent health care costs. All present voted “Aye.” MOTION PASSED.

35498 AUTHORIZE MIKE JONES TO ACCEPT THE AIRWORTHINESS STATEMENT (AWS) ON BEHALF OF THE HAYS COUNTY OFFICE OF EMERGENCY SERVICES.

A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize Mike Jones to accept the Airworthiness Statement (AWS) on behalf of the Hays County Office of Emergency Services. All present voted “Aye.” MOTION PASSED.

35499 ACCEPT THE $19,058.41 VISIONALITY SECOND PHASE PROPOSAL, ADDING INDIVIDUAL MONITORS WITH ACCESS TO AGENDA AND BACKUP, AS WELL AS AUTOMATED PARLIAMENTARY PROCEDURES AND RECORDING OF VOTES AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Ingalsbe stated that she felt this equipment would benefit the Court. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to accept the $19,058.41 Visionality Second Phase Proposal, adding individual monitors with access to agenda and backup, as well as automated parliamentary procedures and recording of votes and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35500 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A CONTRACT WITH BRIZO CONSTRUCTION, LLC FOR PROJECTS LISTED ON THE ATTACHED BID TABULATION FOR RFP 2020-P05 BUILDER SERVICES RELATED TO THE CDBG-DR HOUSING PROGRAM.

Commissioner Jones announced this is a grant fund. Tammy Crumley, County Wide Operations Director, stated these are two of the rehab projects. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the County Judge to execute a contract with Brizo Construction, LLC for projects listed on the attached bid tabulation for RFP 2020-P05 Builder Services related to the CDBG- DR Housing Program. All present voted “Aye.” MOTION PASSED.

35501 ORDER A GENERAL ELECTION TO BE HELD ON NOVEMBER 3, 2020.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to order a General Election to be held on November 3, 2020. All present voted “Aye.” MOTION PASSED.

35502 APPROVE ELECTION DAY VOTE CENTER LOCATIONS FOR THE NOVEMBER 3, 2020 GENERAL ELECTION.

Mary Clarkson made public comment against Precinct 4 building as a voting location. Brandon James made public comment in favor of voting. Lexy Garcia of Texas Rising, made public comment for an additional voting location for the Texas State University. Roland Saucedo made public comment in favor of the vote center locations. Jennifer Anderson, Elections Administrator spoke to the Court. The Court had questions regarding the voting locations for Jennifer Anderson, Elections Admistrator. Judge Becerra spoke to the Court about his participation in a meeting with Texas State University. Commissioner Ingalsbe spoke about voting locations. A motion was made by Commissioner Smith, seconded by Commissioner Shell to adopt the recommended list as recommended by the Citizens Advisory Committee and as indorsed by the Texas

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** AUGUST 11, 2020 State University. Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, and Commissioner Smith voted “Aye.” Judge Becerra voted “No.” MOTION PASSED.

35503 APPROVE EARLY VOTING LOCATIONS AND SCHEDULE FOR THE NOVEMBER 3, 2020 GENERAL ELECTION.

Mary Clarkson made public comment against Precinct 4 building as a voting location. Catherine Wicker of Texas Rising made public comment regarding a voter friendly campus at Texas State University. Isabella Briseno of Texas Rising made public comment in favor of voting locations on the Texas State University campus. Judge Becerra stated that he had a meeting with the leadership at Texas State University regarding moving the voting locations. He stated that he toured the Preforming Art Center. He announces that he negotiated using the Recreation Center on the Texas State University campus for Election Day. Jennifer Anderson, Elections Administrator spoke to the Court. Rolando Saucedo, Chair of the Citizens Election Committee, spoke to the Court. A motion was made by Commissioner Shell, seconded by Commissioner Smith to approve Early Voting locations and schedule for the November 3, 2020 General Election. All present voted “Aye.” MOTION PASSED.

DISCUSSION RELATED TO THE HAYS COUNTY PARKS AND OPEN SPACE ADVISORY COMMISSION (POSAC) RECOMMENDATIONS AND RECEIPT OF THE PUBLIC OUTREACH REPORT FROM KAREN FORD, CONSULTANT FOR THE COMMISSION.

Kathryn Chandler and MaryJane Hetrick, gave public comment in favor of the Parks and Open Space Advisory Commission recommendations particularly regarding Patriot’s Hall. Karen Ford presented the recommendations of the Parks and Open Space Advisory Commission. The Court members discussed if they should move forward with this decision or wait. Judge Becerra called up the remaining public comment speakers who opted to speak after the recommendations were made. Dan Lyon made public comment against the recommendations. Sam Brannon made public comment against the recommendations. Lori Olson made public comment for the recommendations. George Cofer, member of the Hill Country Conservancy, made public comment for the recommendations. The following public comments were read to the Court by Elaine Cárdenas, Hays County Clerk. David Hixon made public comment for the recommendations. Emily Magee made public comment for the recommendations. Joan Harrison made public comment against the recommendations. Kathryn Williams made public comment for the recommendation but against the city center. Lynn Morris made public comment against the recommendations. Jonathan Lustri made public comment for the recommendations. Madonna Kimball made public comment against the recommendations at this time. Chana Temple made public comment for the recommendations. Representative Erin Zwiener made public comment for the recommendations. Veronica Hawk made public comment for the recommendations. Kathleen Ochoa made public comment to make parks and trails wheelchair accessible. Rachel Porter made public comment for the recommendations. Robin Gary made public comment for the recommendations. Lindsay Loftin made public comment for the recommendations. Nina Powers made public comment for the recommendations. Scott Way made public comment in favor of the recommendations. Lauren Haygood made public comment in favor of the recommendations. Andy Witkowski made public comment in support of the recommendations. Scott Price made public comment in support of the recommendations. Martin McConahay made public comment against the recommendations. Cristin Hearne made public comment against the recommendations. David Baker, Wimberley Valley Watershed Association, made public comment in favor of the recommendations. Ray Don Tilley made public comment in favor of the recommendations. No action was taken.

35504 APPROVE AN ORDER BY THE COMMISSIONERS COURT OF HAYS COUNTY, TEXAS CALLING A BOND ELECTION TO BE HELD ON NOVEMBER 3, 2020 IN HAYS COUNTY, TEXAS; DESIGNATING VOTER POLLING PLACES; PROVIDING FOR EARLY VOTING AND ELECTION DAY VOTING; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION, MAKING PROVISION FOR THE CONDUCT OF A JOINT ELECTION WITH VARIOUS POLITICAL SUBDIVISIONS; RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION.

Dan Lyon made public comment against the recommended bond. Sam Brannon made public comment against the bond. Kathrine Romans, Executive Director of the Hill Country Alliance, gave public comment in favor of the bond. Commissioner Shell stated he can see the value of investing into the County’s future. He noted that the County tax rates have been lowered over that past ten years. He stated the Court has worked hard to try to keep taxes lowered. He stated he did not foresee the debt rate lowering this year. He explained his reasons for supporting the bond on the November ballot as he feels this November election will have a high turnout. Commissioner Ingalsbe stated she supports the Parks and Open Space projects; however, it is hard for her to move forward on this item at this time. She stated should this bond pass that she would watch very closely for the issuance. Commissioner Jones stated that he has heard from several people in his precinct who support the Parks and Open Space projects. Commissioner Jones echoed Commissioner Shell in favor of a November ballot. Commissioner Smith stated the overall cost for these projects is astronomical. He stated using the County money as seed money. He agreed that we are in hard economic times but also believes that the County needs to capitalize on some of the projects now. Judge Becerra stated this item is calling for a bond election to let the voters decide. He listed options that are available to the Court such as releasing bonds slowly, not selling

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** AUGUST 11, 2020 bonds and issuance of the bonds. Mark Kennedy, General Counsel, reviewed with the Court the next steps should they move forward. Julie Houston, Orrick Bond Counsel, advised the Court on their options. Commissioner Ingalsbe thanked Karen Ford for her work. Commissioner Shell listed the following under this item; The four general categories found in the bond proposition language will consist of Open Spaces Conservation Connectivity, Multilevel Improvements for alternative Transportation, Urban Parks, and Flood Mitigation repairing and health. The bond order to be followed with information on how the Court will invest in specific projects that will become part of the contract with the voters. Commissioner Shell requested the documentation that Julie Houston mentioned in section 10 be changed per language. The total value of the bond be set at $75million. A motion was made by Commissioner Shell, seconded by Commissioner Smith to approve an Order by the Commissioners Court of Hays County, Texas calling a Bond Election to be held on November 3, 2020 in Hays County, Texas; designating voter polling places; providing for early voting and election day voting; providing for performance that required administrative duties; making provision for the conduct of the election, making provision for the conduct of a joint election with various political subdivisions; resolving other matters incident and related to such election. Commissioner Jones, Commissioner Shell, Commissioner Smith, and Judge Becerra present voted “Aye.” Commissioner Ingalsbe voted “No.” MOTION PASSED.

10:00 A.M. - BUDGET WORKSHOP REGARDING THE FY 2021 HAYS COUNTY BUDGET. POSSIBLE ACTION MAY FOLLOW.

Christine Terrell made public comment regarding the approval of line items. Caitlyn Strickland, Director of Development Services requested from the Court to include two leased vehicles, new personnel, and a salary increase for an Administrative Assistant III. Jerry Borcherding, Director of Transportation Department, requested the Court include new personnel in the budget for his department. Kyle Hayungs, Founder and CEO of MRG Medical Group spoke to the Court regarding the meeting from April 14, 2020. Sheriff Gary Cutler and Captain Julie Villalpando of the Sheriff’s Office requested the Court include Personnel for the Jail and Contract Detention for Jail Division. No action was taken.

35505 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 Shell, seconded by Commissioner Jones to authorize a purchase agreement between Hays County and Danny and Sandra Acosta A.K.A. Sandra and Troy Ray Acosta, totaling $40,000 which includes the costs of moving a septic system, and acquisition of 0.080 acres of Right of Way along Dacy Lane, in Precinct 1. All present voted “Aye.” MOTION PASSED.

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 TRANSPORTATION DEPARTMENT. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

No action was taken.

EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL REGARDING THE PARKS AND OPEN SPACE ADVISORY COMMISSION PROPOSALS AND THE PROSPECTIVE PARK AND OPEN SPACE PROGRAM; AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY REGARDING PARKS AND OPEN SPACE WITHIN HAYS COUNTY. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT.

No action was taken.

35506 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** AUGUST 11, 2020 A motion was made by Commissioner Jones, seconded by Commissioner Smith to authorize the Risk Management Specialist position to be double filled by the Human Resource Specialist slot 1 effective 7/1/2020 – 8/14/2020 and by the Risk Management slot effective 7/16/2020-9/15/2020 at their current hourly rates funded through Salary Savings and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

Clerk’s Note Agenda Item #54 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.

No action taken.

Clerk’s Note Agenda Item #56 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY CENSUS PROGRAM INCLUDING UPDATES FROM JESSICA MEJIA. – WAS PULLED

Clerk’s Note Agenda Item #57 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 #58 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 6:05 p.m.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** AUGUST 18, 2020

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 18th DAY OF AUGUST 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 Josh Murrillo, of 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 COMMENT

Dan Lyon made public comment regarding bonds. Jeff Arnold made public comment for increasing the law enforcement budget. Tom Keyser made public comment to increase law enforcement funding. Kelly Puryear made public comment for the funding of law enforcement. Candy Holberg made public comments in favor of funding the law enforcement; she also made comments in favor of keeping criminals in jail. Sheila Wray made public comment in favor of funding law enforcement. Carl Aubrey made public comment against cutting the budget for the County Law Enforcement. Melanie Aubrey made public comment against reducing funding for the Hays County Law Enforcement. Michelle German made public comment against cutting the law enforcement budget. Peggy Davis made public comment for funding the police. Christine Terrell made public comment in favor of a Public Defender’s Office. Lauren Hubele made public comment regarding the Criminal Justice system. Naomi Narvaiz made public comment in support of law enforcement. Rodrigo Amaya made public comment regarding law enforcement. Rylee German made public comment for the funding of law enforcement. Jennifer Cross made public comment for the funding of law enforcement. Mitzi Ison made public comment in support of police officers. Charles Richardson made public comment is support of local police. Kathy Powell made public comment in support of the law enforcement. Linda Freeman made public comment regarding Hays County law enforcement budget. Shiila Safer made public comment in support of the Parks and Open space bonds. Jennifer Krou made public comment against the pipeline noise. Gail Pigg made public comment against the Parks and Open space bonds. Marilyn Minnar made public comment against the lack of voting centers in Dripping Springs. Trevor Newman made public comment in support of a second voting location on the Texas State University. Dr. Linda Calvert made public comment in favor of adding a polling site for Texas State University and a better mail in ballot process. Kasey Cheek made public comments in support of the Texas 1033 Surplus program, additional voting location somewhere other than Texas State University, and in favor of funding law enforcement. Aaron Arguello made public comment in favor of an additional voting location on the Texas State University Campus. Mahlin Musgrove made public comment in favor of a second voting location on the Texas State University Campus. Bryan Burke made public comment in favor of a second voting location on the Texas State University Campus. Ida Miller made public comment in favor of a second voting location on the Texas State University Campus. Maria Rocha made public comment in favor of a second voting location on the Texas State University Campus. Christine Lynn Norton made public comment in favor of a second voting location on the Texas State University Campus. Mark Trahan made public comment in favor of a second voting location on the Texas State University Campus. April Coldsmith made public comment in favor of a second voting location on the Texas State University Campus. Karen O’Grady-Young made public comment in favor of a second voting location on the Texas State University Campus. Suzy Robins made public comment in favor of a second voting location on the Texas State University Campus. Amanda Hargrave made public comments regarding the lack of social distancing and in support of a second voting location on the Texas State University campus. Kim Blackson made public comment in favor of a second voting location on the Texas State University Campus.

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

Alex Villalobos, Chief of Staff and Emergency Management Coordinator, and Tammy Crumley, County Wide Operations Director, gave an update to the Court. No action was taken.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** AUGUST 18, 2020 35507 APPROVE PAYMENTS OF COUNTY INVOICES.

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

35508 APPROVE PAYMENTS OF JUROR CHECKS.

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

35509 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS.

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

35510 APPROVE COMMISSIONERS COURT MINUTES OF AUGUST 7, 2020.

A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to approve Commissioners Court Minutes of August 7, 2020. All present voted “Aye.” MOTION PASSED.

Clerk’s Note Agenda Item #6 RE: AUTHORIZE THE COUNTY JUDGE TO EXECUTE A RENEWAL CONTRACT FOR $21,608.40 WITH WEST THOMPSON REUTERS FOR ONLINE LEGAL RESEARCH SERVICES IN THE HAYS COUNTY CRIMINAL DISTRICT ATTORNEY'S OFFICE WITH FUNDS BUDGETED FOR FY2021. – WAS PULLED.

35511 AMEND THE SHERIFF'S OFFICE OPERATING BUDGET FOR NEEDED VEHICLE REPAIRS IN WHICH INSURANCE PROCEEDS WERE RECEIVED.

A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to amend the Sheriff's Office operating budget for needed vehicle repairs in which insurance proceeds were received. All present voted “Aye.” MOTION PASSED.

35512 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN APPLICATION FOR PARTICIPATION IN THE TEXAS 1033 SURPLUS PROPERTY PROGRAM BY THE HAYS COUNTY SHERIFF'S OFFICE.

Lieutenant Ronnie Strain stated some of the items purchased consist of software, safety equipment, and tools. He stated they are not purchasing tanks or military equipment. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the County Judge to execute an application for participation in the Texas 1033 Surplus Property Program by the Hays County Sheriff's Office. All present voted “Aye.” MOTION PASSED.

35513 AUTHORIZE THE JUVENILE PROBATION DEPARTMENT TO PURCHASE ONE (1) 5' X 10" UTILITY TRAILER FOR JUVENILE PROGRAMS UTILIZING GRANT FUNDS FROM THE TEXAS JUVENILE JUSTICE DEPARTMENT (TJJD) AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to Authorize the Juvenile Probation Department to purchase one (1) 5' X 10" utility trailer for Juvenile Programs utilizing grant funds from the Texas Juvenile Justice Department (TJJD) and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35514 AMEND THE HAYS COUNTY CONSTABLE, PCT. 4 OPERATING BUDGET FOR MILEAGE REIMBURSEMENTS FOR THE JUSTICE CLERK RELATED TO BUILD OUT AND TRAINING FOR THE NEW RMS/CAD SYSTEMS FOR LAW ENFORCEMENT.

A motion was made by Commissioner Smith, seconded by Commissioner Shell to amend the Hays County Constable, Pct. 4 operating budget for mileage reimbursements for the Justice Clerk related to Build out and Training for the new RMS/CAD systems for law enforcement. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** AUGUST 18, 2020 35515 AUTHORIZE PAYMENT TO COWBOY HARLEY-DAVIDSON OF AUSTIN FOR REPLACEMENT OF A REAR TIRE AND REAR BRAKE PAD IN THE AMOUNT OF $522.88 FOR THE HAYS COUNTY CONSTABLE, PCT. 4 OFFICE IN WHICH A PURCHASE ORDER WAS NOT OBTAINED AS REQUIRED PER THE COUNTY PURCHASING POLICY.

Commissioner Smith stated when the tire was removed, they realized the brake pad needed to be replaced as well, so the decision was made to address the issue at the same time as the approved tire. A motion was made by Commissioner Smith, seconded by Commissioner Ingalsbe to authorize payment to Cowboy Harley-Davidson of Austin for replacement of a rear tire and rear brake pad in the amount of $522.88 for the Hays County Constable, Pct. 4 Office in which a purchase order was not obtained as required per the County Purchasing Policy. All present voted “Aye.” MOTION PASSED.

35516 AUTHORIZE THE COUNTY JUDGE TO EXECUTE CHANGE ORDER #1 WITH CONFERENCE TECHNOLOGIES, INC. RELATED TO THE AUDIO- VISUAL EQUIPMENT FOR THE NEW PUBLIC SAFETY BUILDING AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Ingalsbe stated this it to maintain continuity. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute Change Order #1 with Conference Technologies, Inc. related to the Audio-Visual Equipment for the new Public Safety Building and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35517 ACCEPT THE DELIVERY OF THE FISCAL YEAR 2019 INTERNAL EXAMINATION REPORTS FOR THE DISTRICT ATTORNEY'S DRUG FORFEITURE ACCOUNT, SHERIFF'S OFFICE FEDERAL DISCRETIONARY ACCOUNT, AND THE SHERIFF'S OFFICE DRUG FORFEITURE ACCOUNT.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to accept the delivery of the Fiscal Year 2019 Internal Examination Reports for the District Attorney's Drug Forfeiture Account, Sheriff's Office Federal Discretionary Account, and the Sheriff's Office Drug Forfeiture Account. All present voted “Aye.” MOTION PASSED.

35518 AUTHORIZE THE TRANSPORTATION DEPARTMENT TO PURCHASE ONE NEW DELL LATITUDE 5400 LAPTOP FOR THE DIRECTOR OF TRANSPORTATION AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the Transportation Department to purchase one new Dell Latitude 5400 Laptop for the Director of Transportation and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35519 APPROVE THE APPOINTMENT OF DARRELL DEBISH TO THE BOARD HAYS COUNTY EMERGENCY SERVICES DISTRICT #1 TO REPLACE WALTER KRUDOP FOR A TERM ENDING DECEMBER 31, 2021.

Commissioner Smith thanked Darrell Debish for taking on this position. Commissioner Shell thanked Walter Krudop for his service to the Board Hays County Emergency Services District #1. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve the appointment of Darrell Debish to the Board Hays County Emergency Services District #1 to replace Walter Krudop for a term ending December 31, 2021. All present voted “Aye.” MOTION PASSED.

35520 AUTHORIZE THE ELECTION'S OFFICE TO PURCHASE A MARTIN YALE PAPER FOLDER FOR THE NOVEMBER 3, 2020 GENERAL ELECTION UTILIZING THE HAVA CARES ACT FUNDING AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the Election's Office to purchase a Martin Yale Paper Folder for the November 3, 2020 General Election utilizing the HAVA Cares Act Funding and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** AUGUST 18, 2020 35521 CALL FOR A PUBLIC HEARING ON AUGUST 25, 2020 REGARDING AN APPLICATION FOR HOUSING TAX CREDITS RELATED TO SUBMITTED BY MISSION DEVELOPMENT GROUP, LTD, PURSUANT TO SECTION 230.67071 OF THE TEXAS GOVERNMENT CODE.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to call for a public hearing on August 25, 2020 regarding an application for housing tax credits related to submitted by Mission Development Group, Ltd, pursuant to Section 230.67071 of the Texas Government Code. All present voted “Aye.” MOTION PASSED.

35522 AUTHORIZE REPAIRS TO THE LBJ MUSEUM RELATED TO CONSTRUCTION SEALANT AND BAT ERADICATION FOR THE COUNTY OWNED BUILDING LOCATED AT 131 NORTH GUADALUPE STREET; AUTHORIZE A PURCHASING POLICY WAIVER REQUIRING THREE QUOTES AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize repairs to the LBJ Museum related to Construction Sealant and Bat Eradication for the County Owned Building located at 131 North Guadalupe Street; authorize a Purchasing Policy Waiver requiring three quotes and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35523 APPROVE EXTENSION OF RFP 2016-P06 BANK DEPOSITORY WITH SAGE CAPITAL BANK, N.A. FOR AN ADDITIONAL PERIOD NOT TO EXCEED 91 DAYS (NOVEMBER 30, 2020).

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve extension of RFP 2016-P06 Bank Depository with Sage Capital Bank, N.A. for an additional period not to exceed 91 days (November 30, 2020). All present voted “Aye.” MOTION PASSED.

35524 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT/CONTRACT BETWEEN HAYS COUNTY AND BGE, INC TO PROVIDE CONSTRUCTION ENGINEERING, INSPECTION & TESTING (CE&I) SERVICES RELATED TO HAYS COUNTY ROAD IMPROVEMENT PROJECTS ON AN AS-NEEDED BASIS.

Commissioner Jones noted once construction starts up the County will want someone overseeing the work. He believes BGE Inc. will do a good job. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Professional Services Agreement/Contract between Hays County and BGE, Inc. to provide construction engineering, inspection & testing (CE&I) services related to Hays County Road Improvement Projects on an as- needed basis. All present voted “Aye.” MOTION PASSED.

35525 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN HAYS COUNTY AND THE CITY OF KYLE RELATED TO THE RM 150 CENTER TURN LANE PROJECT.

Commissioner Ingalsbe stated this will allow the County to conduct their work within Kyle. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute an Interlocal Agreement between Hays County and the City of Kyle related to the RM 150 Center Turn Lane Project. All present voted “Aye.” MOTION PASSED.

35526 AUTHORIZE THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE HAYS COUNTY LOCAL HEALTH DEPARTMENT (LHD) AND THE DEPARTMENT OF STATE HEALTH SERVICES (DSHS) FOR CERTAIN CONFIDENTIAL DATA WHICH DSHS MAINTAINS.

Tammy Crumley, Director of County Wide Operations, stated this memorandum will allow her office to gain access to death records held by the Department of State Health Services. The records are needed for COVID- 19 processes and recordings by the Health Department. The Court thanked Tammy Crumley for her work. A motion was made by Commissioner Smith, seconded by Commissioner Jones to authorize the execution of a Memorandum of Understanding (MOU) between the Hays County Local Health Department (LHD) and the Department of State Health Services (DSHS) for certain confidential data which DSHS maintains. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** AUGUST 18, 2020 35527 RESCIND THE AWARD PREVIOUSLY GIVEN TO RUNBECK ELECTION SERVICES IN RELATION TO RFP 2020-P11 ELECTION BALLOT PRINTING, INSERTION AND MAILING SERVICES.

Mark Kennedy, General Counsel, stated the company was not able to commit to a hard deadline for the ballots. The Elections office has decided to print in-house. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to rescind the award previously given to Runbeck Election Services in relation to RFP 2020-P11 Election Ballot Printing, Insertion and Mailing Services. All present voted “Aye.” MOTION PASSED.

35528 APPOINT DAN O'BRIEN TO THE BOARD OF DIRECTORS FOR THE DRIPPING SPRINGS TAX INCREMENT REINVESTMENT ZONES NO. 1 AND NO. 2 TO REPLACE MIKE FIGER, TERM ENDING DECEMBER 31, 2022.

Commissioner Smith thanked Dan O’Brien. A motion was made by Commissioner Smith, seconded by Commissioner Shell to appoint Dan O'Brien to the Board of Directors for the Dripping Springs Tax Increment Reinvestment Zones No. 1 and No. 2 to replace Mike Figer, term ending December 31, 2022. All present voted “Aye.” MOTION PASSED.

35529 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A MASTER INTERLOCAL AGREEMENT BETWEEN HAYS COUNTY AND TEXAS STATE UNIVERSITY.

Commissioner Shell stated this is mainly dealing with the Meadow Center and groundwater monitoring. Task orders will be brought back to Court for approval. Commissioner Smith stated he is in support of this master agreement and thanked Commissioner Shell for his work on this. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the County Judge to execute a Master Interlocal Agreement between Hays County and Texas State University. All present voted “Aye.” MOTION PASSED.

35530 APPROVE THE COLLECTION AGREEMENT WITH THE CITY OF SAN MARCOS, ACTING AS BOARD OF DIRECTORS FOR THE WHISPER PUBLIC IMPROVEMENT DISTRICT.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve the Collection Agreement with the City of San Marcos, acting as Board of Directors for the Whisper Public Improvement District. All present voted “Aye.” MOTION PASSED.

DISCUSSION AND POSSIBLE ACTION GRANTING THE HAYS COUNTY SHERIFF'S OFFICE WITH THE AUTHORITY TO ENACT FUTURE AMENDMENTS OF THE HAYS COUNTY SHERIFF'S OFFICE WRECKER POLICY WITHOUT REQUIRING THE POLICY BE BROUGHT BACK TO THE COMMISSIONERS COURT FOR APPROVAL.

Rodrigo Amaya made public comment against granting the Sheriff’s office authority over future amendments. Esther Garcia public comment against granting the Sheriff’s office authority over future amendments. Discussion was had among the Court members about past procedures and processes when dealing with the Wrecker policy and the Sheriff’s office. Chief Mike Davenport spoke to the Court about the new wrecker policy. No action was taken.

35531 AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN HAYS COUNTY AND THE CITY OF SAN MARCOS RELATED TO SAN MARCOS TEXAS TAX INCREMENT REINVESTMENT ZONE NO.5.

Commissioner Shell stated the County would reduce their percentage of tax increments. Discussion was had between the Court and Marisol Villarreal-Alonzo, Auditor regarding the percentage that will be contributed and the percentage that will go towards the general fund. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the County Judge to execute the Second Amendment to the Interlocal Agreement between Hays County and the City of San Marcos Related to San Marcos Texas Tax Increment Reinvestment Zone No.5. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** AUGUST 18, 2020 DISCUSSION AND POSSIBLE ACTION TO RECONSIDER ELECTION DAY VOTE CENTER LOCATIONS FOR THE NOVEMBER 3, 2020 GENERAL ELECTION.

Rolando Saucedo made public comment regarding the Citizens Elections Advisory Committee. Brandon James made public comment for a second voting location on the Texas State University Campus. Lisa Prewitt made public comment regarding voting access. Catherine Wicker made public comment for voting access and an additional voting location on the Texas State University campus. Discussion was had between the Court and Jennifer Anderson, Elections Administrator, regarding funds for additional voting locations, equipment for additional locations, and the process for mail ballots. Mark Kennedy, General Counsel, announced the Court’s options regarding designating a different location for the main early voting location. Further discussion was had regarding staff available for voting locations. The Court called on Rolando Saucedo, Chair of the Citizens Elections Advisory Committee to review a proposed location for Texas State University. Commissioner Ingalsbe announced she would be willing to pass a second location at Texas State University campus at the next Commissioners’ Court meeting. Commissioner Smith presented a power point regarding political influence entering the voting location selection process. No action was taken.

10:00 A.M. - BUDGET WORKSHOP REGARDING THE FY 2021 HAYS COUNTY BUDGET. POSSIBLE ACTION MAY FOLLOW.

Wes Mau, District Attorney, requested the Court include in the budget for re-grades of the Administrative staff. Brittany Richie, Treasurer, requested the Court make no change to the retirement plan, and include new personnel for her office in the budget. Elaine Cárdenas, County Clerk, requested new personnel and related equipment. Judge Tacie Zelhart spoke to the Court in support of the County Clerk’s request for additional personnel. Mike Jones, Director of Office of Emergency Services, requested the Court include changes to the equipment requested. Constable John Ellen, Constable of Precinct 5, requested the Court include in the budget new Deputy Constables and associated equipment, and a salary increase for the Justice Clerk. Constable Ron Hood, Constable of Precinct 4, requested the Court include in the budget a new Deputy Constable with associated equipment and re-grade and re-title from Justice Clerk to Justice Clerk Trainer. Constable David Peterson, Constable of Precinct 1, requested the Court include into the budget a re-grade for Justice Clerk with a salary increase, and one leased vehicle with associated equipment. Russell Hayter made public comments in support of Constable John Ellen of Precinct 5 as well as the other Constables requests for the budget. James Blodgett made public comments in support of Constable John Ellen of Precinct 5 and Constable Ron Hood of Precinct 4 requests for the budget. Dan Lyon made public comment against requests for increasing the budget. Rodrigo Amaya made public comment regarding accountability.

Clerk’s Note: Executive Session began at 4:07p.m. and resumed back into open court at 5:00 p.m.

35532 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 AND/OR DISCUSSION MAY FOLLOW IN OPEN COURT.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to amend the authorization granted to the General Counsel to settle claims of actual damages from $5,000.00 to $10,000.00 with sign off by the Auditor’s Office. All present voted “Aye.” MOTION PASSED.

No action was taken.

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

Judge Becerra announced the burn ban is still in place.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** AUGUST 18, 2020 Judge Becerra read the Sheriff’s update of the inmate population. The estimated cost for outsourcing was $58,052 for the week of August 9 – August 15, 2020. The number of outsourced males was 167 inmates and females were 5 inmates. The number of arrest made by agency are as follows; Buda Police Department - 6, Department of Public Safety – 2, Hays County Sheriff’s Department – 36, this includes court ordered commitments, warrant pick-ups from all agencies, and self-surrender warrants from all agencies, Kyle Police Department – 35, San Marcos Police Department - 30. No action taken.

Clerk’s Note Agenda Item #35 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY CENSUS PROGRAM INCLUDING UPDATES FROM JESSICA MEJIA. – WAS PULLED.

Clerk’s Note Agenda Item #37 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED.

ADJOURNMENT

A motion was made by Judge Becerra, seconded by Commissioner Jones to adjourn court at 5:05 p.m.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** AUGUST 25, 2020 STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 25th DAY OF AUGUST 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:

Chaplain Javier Maldonado, of Christa Santa Rosa, 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

Terry Hielscher made public comment in support of law enforcement budget. Mark Key made public comment in support of law enforcement budget. Alexia Malcom made public comment in support of additional voting locations for the Texas State University campus. Kelly Puryear made public comment in support of law enforcement budget. Linda Freeman made public comment in support of law enforcement budget. Monty Parker made public comment in support of law enforcement budget. Kelly Stone made public comment regarding safety during COVID-19 for voting. Jeff Arnold made public comments regarding the 1033 program and in support of funding the jail. Vernon Ward made public comment in support of law enforcement budget. Rodrigo Amaya made public comments in support of additional voting locations for the Texas State University campus. Shelia Wray made public comments regarding budget cuts for law enforcement and jail facility. Alicia Blythe made public comment in support of funding the Sheriff’s budget. Robert Keeton made public comments in support of funding the Sherriff’s budget and jail facility personnel. Dan Lyon made public comment against previous fund requests made by the Sheriff’s office for various items. Kent Lenertz made public comment in support of funding the law enforcement. Mary Kaye Lenertz made public comment in support of funding law enforcement budget. Brittany Castano made public comments in support of safety for victims and funding law enforcement budget. Joseph Hogge made public comments in support of funding law enforcement and jail facility budget. Glenda Jacobs made public comment in support of funding law enforcement. Tira Jones Holcomb made public comment in support of funding law enforcement. Kyle Schofield made public comment representing the veterans at Texas State University in support of additional voting locations for the Texas State University campus. Charley Richardson made public comment in support of funding law enforcement. Lauren Hubele made public comment in support of a Public Defender’s office. Joy Montgomery made public comment in support of funding law enforcement. Claudia Perez made public comment regarding voting locations for Texas State University and Wimberley. Naomi Narvaiz made public comment in support of funding law enforcement. Christine Terrell made public comment in support of a Public Defender’s office. Janice Englehart made public comment in support of funding law enforcement. Tara Racine made public comment in support of funding law enforcement. Zach Sambrano made public comment in support of additional voting locations for the Texas State University campus. Rob Limely made public comment in support of funding law enforcement. Bob Parks, Republican Party Chairman, made public comments regarding a tour of the Texas State University for additional voting locations and expressed his opposition for adding voting centers. Wayne Jacobs made public comment in support of law enforcement budget.

Clerk’s Note: Judge Becerra called for a break that began at 10:32 a.m. and resumed back into open court at 10:37 a.m.

35533 UPDATE FROM THE COUNTY JUDGE AND STAFF REGARDING THE LOCAL DISASTER DECLARATION AND COVID-19. POSSIBLE DISCUSSION AND ACTION MAY FOLLOW.

Alex Villalobos, Chief of Staff and Emergency Management Coordinator, gave the Court updates regarding testing sites throughout the County. He presented plans in preparation to assist Brazoria County should there be an evacuation due to Hurricane Laura. He also addressed the plans for testing people for COVID-19 as they evacuate. Marisol Villarreal-Alonzo, Auditor, stated she needs direction from the Court before she can release funds. Mark Kennedy, General Counsel, made comments regarding memorandum of understanding agreements. Tammy Crumley noted there is testing at the Live Oak location. No action was taken.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** AUGUST 25, 2020 Clerk’s Note: Judge Becerra reopened this item 12:38 p.m.

Alex Villalobos, Chief of Staff and Emergency Management Coordinator, requested funding of $350,000.00 for the response of emergency evacuations and costs. Discussion was had among the Court and Mark Kennedy, General Counsel, regarding use of funds. A motion was made by Judge Becerra, seconded by Commissioner Ingalsbe to execute memorandum of understanding from point to point shelter at the operation, noting that Hays County will amend the reimbursement section to include a third tier of Brazoria County reimbursing Hays County for expenses. All present voted “Aye.” MOTION PASSED.

Clerk’s Note: Judge Becerra reopened this item at 2:56 p.m.

Marisol Villarreal-Alonzo, Auditor, stated Mike Jones, Emergency Services Director, has not received his credit card. She requested his card limit be set at $25,000.00 and increase the credit card that is used by the Auditor’s office to $40,000.00 until Mr. Jones’ credit card is received. At that time the Auditor’s credit card would revert to the previous set limit. No action was taken.

PRESENTATION BY K FRIESE AND ASSOCIATES REGARDING THE HAYS COUNTY MASTER TRANSPORTATION PLAN.

Commissioner Smith introduced the representative from K Friese. Joe Cantalupo, K Friese and Associates Vice President, presented to the Court using power point to provide an update of the transportation plan. The Court thanked Mr. Cantalupo and K Friese and Associates for their work with the county. No action was taken.

35534 APPROVE PAYMENTS OF COUNTY INVOICES.

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

35535 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS.

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

35536 APPROVE COMMISSIONERS COURT MINUTES OF AUGUST 11, 2020 AND AUGUST 18, 2020.

A motion was made by Commissioner Smith, seconded by Commissioner Jones to approve Commissioners Court Minutes of August 11, 2020 and August 18, 2020. All present voted “Aye.” MOTION PASSED.

35537 APPROVE THE PAYMENT OF THE AUGUST 31, 2020 PAYROLL DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $3,850,000.00 EFFECTIVE AUGUST 31, 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 August 31, 2020 payroll disbursements in an amount not to exceed $3,850,000.00 effective August 31, 2020 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voted “Aye.” MOTION PASSED.

35538 APPROVE UTILITY PERMITS.

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

35539 AUTHORIZE THE SHERIFF'S OFFICE TO UTILIZE EXISTING FUNDS TO PURCHASE A REFRIGERATOR FOR THE NEW ALLEN BRIDGES TRAINING CENTER AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Smith, seconded by Commissioner Jones to authorize the Sheriff's Office to utilize existing funds to purchase a refrigerator for the new Allen Bridges Training Center and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** AUGUST 25, 2020 35540 AUTHORIZE THE SHERIFF'S OFFICE TO UTILIZE SALARY SAVINGS TO PURCHASE 13 REPLACEMENT SURFACE PRO LAPTOPS AND AXON IN- CAR CAMERA SYSTEMS VALUED AT $68,408 AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Smith thanked the Sheriff’s office. A motion was made by Commissioner Smith, seconded by Commissioner Jones to authorize the Sheriff's Office to utilize salary savings to purchase 13 replacement Surface Pro Laptops and Axon In-Car Camera Systems valued at $68,408 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35541 AUTHORIZE THE SHERIFF'S OFFICE TO UTILIZE SALARY SAVINGS TO PURCHASE REPLACEMENT SWAT LAW ENFORCEMENT EQUIPMENT VALUED AT $49,596.00 AND AMEND THE BUDGET ACCORDINGLY.

Marisol Villarreal-Alonzo, Auditor, noted the amount for this item is in the back up listed as $49,596.00. Commissioner Smith thanked the Sheriff’s office. A motion was made by Commissioner Smith, seconded by Commissioner Jones to authorize the Sheriff's Office to utilize salary savings to purchase replacement SWAT law enforcement equipment valued at $49,596.00 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35542 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR A 3-BEDROOM RESIDENCE AND A SMALL OFFICE AT 31620 RANCH ROAD 12, DRIPPING SPRINGS, TEXAS 78620.

A motion was made by Commissioner Smith, seconded by Commissioner Jones to authorize On-Site Sewage Facility Permit for a 3-bedroom residence and a small office at 31620 Ranch Road 12, Dripping Springs, Texas 78620. All present voted “Aye.” MOTION PASSED.

35543 AUTHORIZE THE EXECUTION OF A GRANT CONTRACT AMENDMENT WITH UNITED WAY FOR GREATER AUSTIN (UNITED WAY ATX) TO EXTEND THE TERM OF THE CENSUS OUTREACH GRANT TO SEPTEMBER 30, 2020.

A motion was made by Commissioner Smith, seconded by Commissioner Jones to authorize the execution of a grant contract amendment with United Way for Greater Austin (United Way ATX) to extend the term of the Census Outreach grant to September 30, 2020. All present voted “Aye.” MOTION PASSED.

35544 APPROVE SPECIFICATIONS FOR IFB 2020-B15 RM 150 CENTER TURN LANE GAP PROJECT AND AUTHORIZE PURCHASING TO SOLICIT FOR PROPOSALS AND ADVERTISE.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to approve specifications for IFB 2020-B15 RM 150 Center Turn Lane Gap Project and authorize Purchasing to solicit for proposals and advertise. All present voted “Aye.” MOTION PASSED.

35545 AMEND VARIOUS DEPARTMENTAL OPERATING, SPECIAL REVENUE AND CAPITAL PROJECT BUDGETS IN PREPARATION FOR FISCAL YEAR 2020 4TH QUARTER FINANCIAL REPORTING.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to amend various departmental operating, special revenue and capital project budgets in preparation for fiscal year 2020 4th quarter financial reporting. All present voted “Aye.” MOTION PASSED.

35546 AUTHORIZE THE PURCHASE AND INSTALLATION OF MODULAR OFFICE FURNITURE FOR THE TRANSPORTATION DEPARTMENT AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the purchase and installation of modular office furniture for the transportation department and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** AUGUST 25, 2020 35547 RATIFY THE SUBMISSION OF THE COUNTY FERAL HOG ABATEMENT GRANT SUBMISSION TO THE TEXAS A&M AGRILIFE EXTENSION SERVICES, WILDLIFE SERVICES PROGRAM.

Dan Lyon made public comments in favor of restoring the program. Commissioner Jones stated they could look at adding the bounty program in the future. A motion was made by Commissioner Jones, seconded by Commissioner Shell to ratify the submission of the County Feral Hog Abatement Grant submission to the Texas A&M AgriLife Extension Services, Wildlife Services Program. All present voted “Aye.” MOTION PASSED.

35548 AUTHORIZE THE EXECUTION OF THE FY2020 STATEWIDE AUTOMATED VICTIM NOTIFICATION SERVICES (SAVNS) MAINTENANCE GRANT CONTRACT IN THE AMOUNT OF $30,122.51.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the execution of the FY2020 statewide automated victim notification services (SAVNS) maintenance grant contract in the amount of $30,122.51. All present voted “Aye.” MOTION PASSED.

35549 AUTHORIZE THE RECYCLING AND SOLID WASTE DEPARTMENT TO PURCHASE TWO NEW SELF- DUMPING FORKLIFT HOPPERS THAT WILL BE USED AT BOTH THE WIMBERLEY AND DRIFTWOOD LOCATIONS AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the recycling and solid waste department to purchase two new self- dumping forklift hoppers that will be used at both the Wimberley and driftwood locations and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35550 ACCEPT THE DELIVERY OF THE FISCAL YEAR 2019 INTERNAL EXAMINATION REPORT FOR THE HAYS COUNTY SHERIFF'S JAIL COMMISSARY ACCOUNT.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to accept the delivery of the fiscal year 2019 internal examination report for the Hay’s County Sheriff's jail commissary account. All present voted “Aye.” MOTION PASSED.

35551 AUTHORIZE THE COUNTY JUDGE TO RATIFY AN EQUIPMENT TRANSFER MEMORANDUM OF AGREEMENT WITH THE CAPITAL AREA COUNCIL OF GOVERNMENTS (CAPCOG) FOR PASS-THROUGH GRANT FUNDED EMERGENCY EQUIPMENT VALUED AT $11,153.09 AND AMEND THE BUDGET ACCORDINGLY.

Discussion was had among the Court regarding the type of equipment and the housing of the equipment. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the County Judge to ratify an equipment transfer memorandum of agreement with the Capital Area Council Of Governments (CAPCOG) for pass-through grant funded emergency equipment valued at $11,153.09 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35552 APPROVE AN ADDITIONAL CONTRACT EXTENSION OF IFB 2017-B06 AC & HEATING SERVICES WITH SI MECHANICAL FOR A PERIOD NOT TO EXCEED 30 DAYS (SEPTEMBER 30, 2020).

Dan Lyon made public comments against SI Mechanical mark-up policy. Discussion was had among the Court and the Auditor regarding the circumstances regarding this contract extension and a new contract with a new company. A motion was made by Commissioner Smith, seconded by Commissioner Jones to approve an additional contract extension of IFB 2017-B06 AC & Heating Services with SI Mechanical for a period not to exceed 30 days (September 30, 2020). All present voted “Aye.” MOTION PASSED.

35553 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A RENEWAL CONTRACT FOR $21,608.40 WITH WEST THOMPSON REUTERS FOR ONLINE LEGAL RESEARCH SERVICES IN THE HAYS COUNTY CRIMINAL DISTRICT ATTORNEY'S OFFICE WITH FUNDS BUDGETED FOR FY2021.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** AUGUST 25, 2020 A motion was made by Commissioner Ingalsbe, seconded by Commissioner Smith to authorize the County Judge to execute a renewal contract for $21,608.40 with West Thompson Reuters for online legal research services in the Hays County Criminal District Attorney's office with funds budgeted for FY2021. All present voted “Aye.” MOTION PASSED.

AUTHORIZE THE COUNTY JUDGE TO EXECUTE FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT TO AN AGREEMENT BETWEEN HAYS COUNTY AND WATER PR, LLC REGARDING AN INFORMATION PROGRAM RELATED TO THE UPCOMING NOVEMBER 3, 2020 PARKS AND OPEN SPACE BOND PROPOSITION, FINDING FOR AN EXEMPTION PURSUANT TO TEXAS LOCAL GOVERNMENT CODE 262.024(A)(4).

Elaine Cárdenas, County Clerk, read the following comments to the Court. Bill Davis made public comments regarding concerns for the bond proposal. Mark Key made public comments in person to the Court against this item. Discussion was had among the Court, Mark Kennedy, General Counsel, and Kim Hilsenbeck, Communications Director, regarding the options available to inform the public of the bond information. Commissioner Shell withdrew his motion. No action was taken.

35554 AUTHORIZE THE COUNTY JUDGE TO SIGN A PROFESSIONAL SERVICES AGREEMENT BETWEEN HAYS COUNTY AND BGE, INC. FOR DESIGN SERVICES RELATED PS&E FOR THE HILLSIDE TERRACE BOND PROJECT.

Commissioner Jones stated this agreement is for improvements of Hillside Terrace and includes a redesign to create a loop around a gas main. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Judge to sign a Professional Services Agreement between Hays County and BGE, Inc. for design services related PS&E for the Hillside Terrace bond project. All present voted “Aye.” MOTION PASSED.

35555 AUTHORIZE THE COUNTY JUDGE TO SIGN A PROFESSIONAL SERVICES AGREEMENT BETWEEN HAYS COUNTY AND BOWMAN ENGINEERING, INC. FOR DESIGN SERVICES RELATED TO PS&E FOR RECONSTRUCTION OF COTTON GIN ROAD.

Mark Kennedy, General Counsel, noted this is an amendment for professional services agreement under Local Government Code 262.024 (a)(4) exemption. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Judge to sign a Professional Services Agreement between Hays County and Bowman Engineering, Inc. for design services related to PS&E for reconstruction of Cotton Gin Road under the Local Government Code for Professional Services Agreement under 262.024 (a)(4) exemption. All present voted “Aye.” MOTION PASSED.

35556 ACCEPT THE MAINTENANCE BOND RIDER EXTENSION #1060751 FOR TWO MONTHS FOR SUNFIELD SUBD., PHASE 2, SECTION 11.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to accept the maintenance bond rider extension #1060751 for two months for Sunfield subd., Phase 2, Section 11. All present voted “Aye.” MOTION PASSED.

35557 EXECUTE AN ADVANCE FUNDING AGREEMENT FOR THE METROPOLITAN AREA CORRIDOR PROJECT ON-SYSTEM (RM 3237 INTERSECTION IMPROVEMENTS) AS PART OF THE 2016 ROAD BOND PROGRAM.

Commissioner Shell explained the details of the project to the Court and announced this is part of the bond program. A motion was made by Commissioner Shell, seconded by Commissioner Smith to execute an Advance Funding Agreement for the Metropolitan Area Corridor Project On-System (RM 3237 Intersection Improvements) as part of the 2016 Road Bond Program. All present voted “Aye.” MOTION PASSED.

35558 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA)/CONTRACT BETWEEN HAYS COUNTY AND COBB, FENDLEY & ASSOCIATES, INC. TO PROVIDE ENGINEERING DESIGN AND ROW ACQUISITION SERVICES ON THE WINTERS MILL INTERSECTION IMPROVEMENTS AT RM 12 AND RM 3237 PROJECT IN PRECINCT 3 AS PART OF THE 2016 ROAD BOND PROJECT.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** AUGUST 25, 2020 Mark Kennedy, General Counsel, noted this is an amendment for professional services agreement under Local Government Code 262.024 (a)(4) exemption. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the County Judge to execute a Professional Services Agreement (PSA)/contract between Hays County and Cobb, Fendley & Associates, Inc. to provide engineering design and ROW acquisition services on the Winters Mill Intersection Improvements at RM 12 and RM 3237 project in Precinct 3 as part of the 2016 Road Bond Project under the Local Government Code for professional services agreement under 262.024 (a)(4) exemption. All present voted “Aye.” MOTION PASSED.

35559 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN HAYS COUNTY AND BINKLEY AND BARFIELD, INC. TO PROVIDE UTILITY COORDINATION SERVICES FOR DARDEN HILL (RM1826-SAWYER RANCH ROAD) PROJECT IN PRECINCT 4 AS PART OF THE ROAD BOND PROGRAM.

Commissioner Smith noted there a new Elementary school and traffic circle will be added to this area. A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize the County Judge to execute a Professional Services Agreement between Hays County and Binkley and Barfield, Inc. to provide Utility Coordination services for Darden Hill (RM1826-Sawyer Ranch Road) project in Precinct 4 as part of the Road Bond Program. All present voted “Aye.” MOTION PASSED.

35560 AUTHORIZE THE TRANSPORTATION DEPARTMENT TO PURCHASE ONE NEW 2020 CHEVROLET SILVERADO 1500 VALUED AT $32,009 FOR THE INSPECTIONS AND ENGINEERING DIVISION.

Commissioner Jones noted the need of addition transportation for the new employees to preform inspections. The Court noted Road and Bridge funding is different from other funding. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the Transportation Department to purchase one new 2020 Chevrolet Silverado 1500 valued at $32,009 for the Inspections and Engineering Division. All present voted “Aye.” MOTION PASSED.

35561 AUTHORIZE THE TRANSPORTATION DEPARTMENT TO PURCHASE ONE REPLACEMENT HC6 NEXSTAR III AUTO CRANE AND ONE EHP SYSTEM AUTOMATIC TIRE CHANGER VALUED AT $32,279 AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the Transportation Department to purchase one replacement HC6 Nexstar III Auto Crane and one EHP System Automatic Tire Changer valued at $32,279 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

Clerk’s Note: Judge Becerra called for a break that began at 12:50 p.m. and resumed back into open court at 1:00 p.m.

35562 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A COMMERCIAL LEASE AGREEMENT BETWEEN HAYS COUNTY AND SHOW PLACE COMMERCIAL PARK, LLC FOR APPROXIMATELY 3,853 SQUARE FEET OF COMMERCIAL SPACE.

Mark Kennedy, General Counsel, noted this space is larger than the previous space that was considered. He reviewed some of the changes made to the lease agreement. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the County Judge to execute a Commercial Lease Agreement between Hays County and Show Place Commercial Park, LLC for approximately 3,853 square feet of commercial space and note changes made in Court. All present voted “Aye.” MOTION PASSED.

35563 AWARD RFP 2020-P01 HVAC - MAINTENANCE & REPAIR SERVICES TO JM ENGINEERING, LLC AND AUTHORIZE STAFF AND GENERAL COUNSEL TO NEGOTIATE A CONTRACT.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to award RFP 2020- P01 HVAC - Maintenance & Repair Services to JM Engineering, LLC and authorize staff and General Counsel to negotiate a contract. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** AUGUST 25, 2020 35564 HOLD A PUBLIC HEARING ON THE PROPOSED LANTANA MULTI-FAMILY PROJECT IN ACCORDANCE WITH TEX. GOV’T CODE, §2306.67071(B) AND AUTHORIZE THE EXECUTION OF A RESOLUTION OF NO OBJECTION FOR AN APPLICATION SUBMITTED BY MISSION DEVELOPMENT GROUP, LTD. TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS.

Judge Becerra opened the public hearing. John Latham made comments as a general partner for the development project. Judge Becerra closed the public hearing. Commissioner Ingalsbe thanked John Latham for his work. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the execution of a Resolution of No Objection for an application submitted by Mission Development Group, Ltd. to the Texas Department of Housing and Community Affairs. All present voted “Aye.” MOTION PASSED.

DISCUSSION AND POSSIBLE ACTION TO RECONSIDER ELECTION DAY VOTE CENTER LOCATIONS FOR THE NOVEMBER 3, 2020 GENERAL ELECTION.

Mary Ellen Frazier made public comment in support of additional voting locations at the Texas State University campus. Maia Napier made public comment in support of additional voting locations at the Texas State University campus. Evan Bookman made public comment in support of additional voting locations at the Texas State University campus. Brandon James made public comment in support of additional voting locations at the Texas State University campus. Jimmy Alan Hall made public comment in support of additional voting locations at the Texas State University campus. Catherine Wicker made public comments regarding the long wait times and safety concerns due to COVID-19. Tara Racine made public comments regarding voting locations. James Ortiz made public comment in support of voter’s suppression at the Texas State University campus. Etta Moore made public comment in support of an additional voting location on the Texas State University campus. Tucker Blythe made public comment against an additional polling place at the Texas State university campus. He stated there are plenty of polling places throughout the community. Elaine Cárdenas, County Clerk, read the following comments to the Court. Anna Hargrove made public comment in support of additional voting locations at the Texas State University campus. Bobby Lane made public comment in support of additional voting locations at the Texas State University campus. Isabella Briceno made public comment in support of additional voting locations at the Texas State University campus. Millie Thompson made public comment in support of additional voting locations at the Texas State University campus. Rolando Saucedo made public comments. Jennifer Anderson, Elections Administrator, spoke to the Court regarding check in stations. Discussion was had between the Court, Jennifer Anderson, Elections Administrator, and Roland Saucedo, Chair of the Citizens Elections Advisory Committee regarding the processes for voting, restrictions for COVID-19, additional locations, the number of students on the campus and the voting center process. A motion was made by Judge Becerra, seconded by Commissioner Ingalsbe to reconsider Election Day Vote Center locations for the November 3, 2020 General Election. Commissioner Ingalsbe and Judge Becerra voted “Aye.” Commissioner Jones, Commissioner Shell, and Commissioner Smith voted “No.” MOTION FAILED.

35565 PURCHASE ADDITIONAL ELECTION EQUIPMENT.

Discussion was had among the Court regarding the need for additional equipment. A motion was made by Commissioner Smith, seconded by Commissioner Ingalsbe to purchase additional election equipment. All present voted “Aye.” MOTION PASSED.

35566 NAME A PRIVATE DRIVEWAY IN PRECINCT 4, HARMONY WOOD LANE.

A motion was made by Commissioner Smith, seconded by Commissioner Shell to name a private driveway in precinct 4, Harmony Wood Lane. All present voted “Aye.” MOTION PASSED.

35567 CREATE THE HAYS COUNTY SALARY GRIEVANCE COMMITTEE FOR THE REMAINDER OF THE FISCAL YEAR PURSUANT TO CHAPTER 152 OF THE LOCAL GOVERNMENT CODE.

Discussion was had among the Court regarding the salary grievance committee. Mark Kennedy, General Counsel, advised the Court on the options available and best practices to form a committee. Incumbent Elected Official include the following; Sheriff, Tax Assessor/Collector, County Treasurer, County Clerk, District Clerk, Criminal District Attorney. Public Members selected include the following; Viviana Rodriguez, Juan Gomez, Nikki Rivers, Steve Caruana, Rose Castillo, Cierra Flores, Jared Rios, Joseph Papick, Monte Rowe, John Brunson, Kyle Hahn, Michele Mallen, Summer Norton, Kerissa Mitchell, Blake Braun, John McClaferty III, Lisa Shine, Joan Nagel, James Grace, Amy Walton, John Ohlinger, Amanda Ruiz, Kenneth Erickson, Larissa Johnson and Heidi Gomez. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to create the Hays County Salary Grievance Committee for the remainder of the fiscal year Pursuant to Chapter 152 of the Local Government Code. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** AUGUST 25, 2020 35568 AWARD RFP 2020-P14 CDBG MITIGATION FUNDING TO LANGFORD COMMUNITY MANAGEMENT SERVICES, LLC AND AUTHORIZE STAFF AND GENERAL COUNSEL TO NEGOTIATE A CONTRACT.

Commissioner Shell stated this firm scored the highest of the nine companies. The County can now negotiate with this company. A motion was made by Commissioner Shell, seconded by Commissioner Jones to award RFP 2020-P14 CDBG Mitigation Funding to Langford Community Management Services, LLC and authorize staff and General Counsel to negotiate a contract. All present voted “Aye.” MOTION PASSED.

35569 APPROVE A FUNDING AGREEMENT BETWEEN HAYS COUNTY AND THE CITY OF KYLE REGARDING PAYMENT OF THE TYLER NEW WORLD MAINTENANCE AGREEMENT FOR THE COMPUTER AIDED DISPATCH (CAD) SYSTEM IN THE NEW 911 CO-LOCATED COMMUNICATIONS CENTER.

Commissioner Shell stated this agreement is with the City of Kyle for this year to cover expenses of the Computer Aided Dispatch system. Commissioner Ingalsbe stated the calculation is provided by the number of emergency calls. Mark Kennedy, General Counsel, noted that the agreement has FY21 listed. That is a typo and is should have FY20. That will get corrected. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to approve a Funding Agreement between Hays County and the City of Kyle regarding payment of the Tyler New World Maintenance Agreement for the Computer Aided Dispatch (CAD) System in the new 911 co-located communications center. All present voted “Aye.” MOTION PASSED.

35570 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A TERMINATION OF ACCESS RESTRICTION AGREEMENT RELATED TO FOUR PARCELS ALONG FM110 IN PRECINCT 1.

Commissioner Ingalsbe explained this action will terminate the access restriction and would allow property owners to work with TX Dot on access to FM 110. Mark Kennedy, General Counsel, noted a spur was planned and is no longer needed. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the County Judge to execute a Termination of Access Restriction Agreement related to four parcels along FM110 in Precinct 1. All present voted “Aye.” MOTION PASSED.

35571 VOTE ON A PROPOSED BUDGET AND TAX RATE FOR FISCAL YEAR 2021 AND SCHEDULE PUBLIC HEARINGS.

Discussion was held between the Court and Vickie Dorsett, Auditor’s Office, regarding hearing dates for the following. The tax rate hearing is set for September 8, 2020 at 1p.m. The budget hearing to adopt the final budget is set on September 22, 2020 at 1 p.m. Public notices will be sent out. A motion was made by Commissioner Smith, seconded by Commissioner Shell to adopt the fiscal year 2021 Commissioners’ Court Proposed budget with the changes as presented by the Auditor’s Office and to set the FY21 tax rate at $0.42.12 cents as follows; $0.26.78 General M & O, $0.12.46 Debt, $0.2.88 Road and Bridge General. All present voted “Aye.” MOTION PASSED.

Clerk’s Note: Judge Becerra called for a break that began at 1:40 p.m. and resumed back into open court at 1:45 p.m.

1:00 P.M. - BUDGET WORKSHOP REGARDING THE FY 2021 HAYS COUNTY BUDGET. POSSIBLE ACTION MAY FOLLOW.

Judge Tacie Zelhart, Judge Chris Johnson and Judge Robert Updegrove presented to the Court their request to include in the budget for increase for indigent funds, an increase for court appointed juvenile attorneys, miscellaneous budget for disinfecting expense and Zoom meeting expenses, and one new Lead Court Administrator. Tammy Crumley, Director of County Wide Operations, presented to the Court her request to include in the budget for two additional employees for the recycling and solid waste stations and equipment replacement. Michael Torres, Constable Precinct 2 presented to the Court his request to include in the budget two replacement vehicles. Shari Miller, Director of Human Resources, presented to the Court her request to include in the budget for a position regrade for the benefits administrator, intern funding for a communications manager. Dan Lyon made public comments in favor of budget cuts for the County. No action was taken.

Clerk’s Note: Judge Becerra reopened this item at 4:01p.m.

Vickie Dorsett, Auditor’s Office, presented the changes made to the budget to the Court. The Court members reviewed the budget making edits and discussing their decisions to add or remove items. No action was taken.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** AUGUST 25, 2020 Clerk’s Note: Executive Session began at 11:15 a.m. and resumed back into open court at 12:32 p.m.

35572 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE OR VALUE OF RIGHT OF WAY ALONG PROPOSED FM110 IN PRECINCT 1. 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 Right of Way Agreement between Hays County and the City of San Marcos related to the acquisition of property for FM 110 through the San Marcos Regional Airport as presented in Executive Session. All present voted “Aye.” MOTION PASSED.

35573 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING PURCHASE, EXCHANGE OR VALUE OF RIGHT OF WAY ALONG THE FORMER HAYS COUNTY CIVIC CENTER AND CONTIGUOUS PROPERTIES LOCATED ON CLOVIS BARKER IN PRECINCT 1. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to decline to accept an offer that Hays County donate drainage easements to benefit the property adjacent to the former Civic Center property on Clovis Baker in Precinct 1. – Not inclined to encumber the property at this time. All present voted “Aye.” MOTION PASSED.

35574 DISCUSSION AND POSSIBLE ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION.

Nathan Mendenhall, Fire Marshall, spoke to the Court regarding a new resolution for burn bans with exceptions made by the state statue. A motion was made by Judge Becerra, seconded by Commissioner Smith to adopt a new burn ban as stated for the next 90 days. All present voted “Aye.” MOTION PASSED.

Clerk’s Note Agenda Item #47 RE: DISCUSSION RELATED TO THE HAYS COUNTY INMATE POPULATION, TO INCLUDE CURRENT POPULATION COUNTS AND COSTS. – WAS PULLED.

Clerk’s Note Agenda Item #48 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY CENSUS PROGRAM INCLUDING UPDATES FROM JESSICA MEJIA. – WAS PULLED.

Clerk’s Note Agenda Item #49 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 #50 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 6:35 p.m.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** SEPTEMBER 8, 2020

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 8th DAY OF SEPTEMBER 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:

Chaplain Javier Maldonado, of Christus Hospice of Central Texas, 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, made public comments against raising taxes and purchasing lobby furniture for the jail facility. Christine Terrell, San Marcos resident, made public comments, in favor of a Public defender’s office. Bonny Krahn made public comments against voting roosters that list voter’s addresses and the party of the voter.

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

Alex Villalobos, Chief of Staff and Emergency Management Coordinator, gave an update regarding equipment, recent evacuations, Texas State University crowd management, and reporting from hospitals. Tammy Crumley, Director of County Wide Operations, gave an update to the Court regarding hospital reporting and CDC guidelines. Mike Jones, Emergency Services Director, spoke to the Court regarding a weekly report of COVID- 19 positive cases from Texas State University sent to Hays County. No action was taken.

35575 ADOPT A PROCLAMATION DECLARING SEPTEMBER 2020 AS EMERGENCY PREPAREDNESS MONTH.

Mike Jones, Emergency Services Director, presented to the Court a list of upcoming events such as the third Annual Preparedness Fair that will be held virtually. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to adopt a proclamation declaring September 2020 as Emergency Preparedness Month. All present voted “Aye.” MOTION PASSED.

35576 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.

35577 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.

35578 APPROVE COMMISSIONERS COURT MINUTES OF AUGUST 25, 2020.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** SEPTEMBER 8, 2020 A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve Commissioners Court Minutes of August 25, 2020. All present voted “Aye.” MOTION PASSED.

35579 APPROVE THE PAYMENT OF THE SEPTEMBER 15, 2020 PAYROLL DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $2,970,000.00 EFFECTIVE SEPTEMBER 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 September 15, 2020 payroll disbursements in an amount not to exceed $2,970,000.00 effective September 15, 2020 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voted “Aye.” MOTION PASSED.

35580 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR TWO SINGLE FAMILY RESIDENCES LOCATED AT 1028 WINDMILL ROAD, DRIPPING SPRINGS, TEXAS 78620.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize On-Site Sewage Facility Permit for two single family residences located at 1028 Windmill Road, Dripping Springs, Texas 78620.All present voted “Aye.” MOTION PASSED.

35581 APPROVE THE RE-APPOINTMENT OF COMMISSIONER LON SHELL AND COMMISSIONER DEBBIE INGALSBE, TO THE GREATER SAN MARCOS PARTNERSHIP (GSMP) BOARD OF DIRECTORS.

Dan Lyon made public comments against any contract between Hays County and Greater San Marcos Partnership, as they are a private organization. Commissioner Smith thanked Commissioner Ingalsbe and Commissioner Shell for their service to the board of directors. A motion was made by Commissioner Jones, seconded by Commissioner Smith to approve the re-appointment of Commissioner Lon Shell and Commissioner Debbie Ingalsbe, to the Greater San Marcos Partnership (GSMP) Board of Directors. All present voted “Aye.” MOTION PASSED.

35582 AUTHORIZE THE COMMISSIONER PCT. 1 OFFICE TO SUPPORT THE KYLE PARKS AND RECREATION DEPARTMENT FOR CONTINUED DEVELOPMENT OF THE PLUM CREEK TRAIL RELATED TO INTERACTIVE AND INTERPRETIVE SIGNAGE VALUED AT $3,500.

Commissioner Ingalsbe stated she was happy to support the Plum Creek trail system. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the Commissioner Pct. 1 Office to support the Kyle Parks and Recreation Department for continued development of the Plum Creek Trail related to interactive and interpretive signage valued at $3,500. All present voted “Aye.” MOTION PASSED.

35583 AUTHORIZE THE BAIL BOND BOARD TO PURCHASE ONE (1) DELL LATITUDE 5400 LAPTOP WITH ACCESSORIES FOR THE BAIL BOND ASSISTANT VALUED AT $1,232.11 AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the Bail Bond Board to purchase one (1) Dell Latitude 5400 Laptop with accessories for the Bail Bond Assistant valued at $1,232.11 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35584 AUTHORIZE PAYMENT TO VERACITY AVIATION IN THE AMOUNT OF $560.00 AND KING FEED & HARDWARE IN THE AMOUNT OF $782.80 FOR THE FERAL HOG ABATEMENT GRANT PROGRAM IN WHICH NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER COUNTY PURCHASING POLICY.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** SEPTEMBER 8, 2020 Dan Lyon made public comments against the Hog Abatement Grant program. He requested the county have hunters turn in hog tails. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize payment to Veracity Aviation in the amount of $560.00 and King Feed & Hardware in the amount of $782.80 for the Feral Hog Abatement Grant Program in which no purchase order was issued as required per County Purchasing Policy. All present voted “Aye.” MOTION PASSED.

35585 AUTHORIZE THE INFORMATION TECHNOLOGY DEPARTMENT TO PURCHASE $18,377 REPLACEMENT AND NEW COMPUTER EQUIPMENT FOR VARIOUS DEPARTMENTS AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the Information Technology Department to purchase $18,377 replacement and new computer equipment for various departments and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35586 APPROVE UTILITY PERMITS.

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

35587 AMEND THE SHERIFF'S OFFICE OPERATING BUDGET FOR NEEDED VEHICLE REPAIRS IN WHICH $4,103.00 INSURANCE PROCEEDS WERE RECEIVED.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to amend the Sheriff's Office operating budget for needed vehicle repairs in which $4,103.00 insurance proceeds were received. All present voted “Aye.” MOTION PASSED.

35588 AUTHORIZE PAYMENT FROM THE SHERIFF'S OFFICE TO WIMBERLEY TOWING CO. FOR THREE INVOICES TOTALING $934.80 WHERE NO PURCHASE ORDER WAS IN PLACE AS PER THE COUNTY POLICY.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize payment from the Sheriff's Office to Wimberley Towing Co. for three invoices totaling $934.80 where no purchase order was in place as per the County Policy. All present voted “Aye.” MOTION PASSED.

35589 AUTHORIZE THE CONSTABLE PCT. 5 OFFICE TO PURCHASE TWO (2) NEW LIDAR-XLR-C STALKER RADARS VALUED AT $4,990 AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the Constable Pct. 5 Office to purchase two (2) new Lidar-XLR-C Stalker Radars valued at $4,990 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35590 APPROVE THE AMENDMENT OF THE HAYS COUNTY SHERIFF'S OFFICE WRECKER SERVICE AGREEMENT.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve the amendment of the Hays County Sheriff's office Wrecker Service Agreement. All present voted “Aye.” MOTION PASSED.

35591 AUTHORIZE ON-SITE SEWAGE FACILITY FOR A NEW AUTO/BODY SHOP LOCATED AT 1321 HIGH ROAD, KYLE TX 78640.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize On-Site Sewage Facility for a new Auto/Body shop located at 1321 High Road, Kyle TX 78640. All present voted “Aye.” MOTION PASSED.

35592 AUTHORIZE THE CONSTABLE PCT. 1 OFFICE TO PURCHASE ONE (1) NEW SURFACE PRO LAPTOP AND ONE (1) NEW LCRA XG-25-P HANDHELD RADIO TOTAL VALUE AT $4,262.00 AND AMEND THE BUDGET ACCORDINGLY.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** SEPTEMBER 8, 2020 A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the Constable Pct. 1 Office to purchase one (1) new Surface Pro Laptop and one (1) new LCRA XG-25-P Handheld Radio total value at $4,262.00 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35593 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A 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.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute a 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.

35594 APPROVE SPECIFICATIONS FOR RFP 2020-P15 TRAFFIC COUNTER INSPECTION AND MAINTENANCE AND AUTHORIZE PURCHASING TO SOLICIT FOR PROPOSALS AND ADVERTISE.

Commissioner Jones noted the traffic counters is how the county gets reimbursed from TXDot. A motion was made by Commissioner Smith, seconded by Commissioner Jones to approve specifications for RFP 2020-P15 Traffic Counter Inspection and Maintenance and authorize Purchasing to solicit for proposals and advertise. All present voted “Aye.” MOTION PASSED.

35595 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR OFFICE/WAREHOUSE BUILDING SUITE 200 LOCATED AT 14155 HWY 290 WEST, AUSTIN, TEXAS 78737.

A motion was made by Commissioner Smith, seconded by Commissioner Jones to authorize On-Site Sewage Facility Permit for Office/warehouse building SUITE 200 located at 14155 Hwy 290 West, Austin, Texas 78737. All present voted “Aye.” MOTION PASSED.

35596 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR OFFICE/WAREHOUSE BUILDING SUITE 300 LOCATED AT 14155 HWY 290 WEST, AUSTIN, TEXAS 78737.

A motion was made by Commissioner Smith, seconded by Commissioner Jones to authorize On-Site Sewage Facility Permit for Office/warehouse building SUITE 300 located at 14155 Hwy 290 West, Austin, Texas 78737. All present voted “Aye.” MOTION PASSED.

35597 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN HAYS COUNTY AND BINKLEY AND BARFIELD, INC. TO PROVIDE UTILITY COORDINATION SERVICES FOR US 290 WEST AT TRAUTWEIN ROAD INTERSECTION PROJECT IN PRECINCT 4 AS PART OF THE ROAD BOND PROGRAM.

Commissioner Smith stated this item will coordinate utilities for the overall structure of the intersection. A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize the County Judge to execute a Professional Services Agreement between Hays County and Binkley and Barfield, Inc. to provide Utility Coordination services for US 290 West at Trautwein Road Intersection project in Precinct 4 as part of the Road Bond Program. All present voted “Aye.” MOTION PASSED.

35598 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A CONTRACT AMENDMENT NO. 1 TO A CONTRACT BETWEEN HAYS COUNTY AND FRANK SURVEYING COMPANY, INC., DBA FSC, INC. FOR THE US 290 WEST AT HENLY LOOP AND MARTIN ROAD PROJECT AS PART OF THE 2016 ROAD BOND PROGRAM.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** SEPTEMBER 8, 2020 A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize the County Judge to execute a Contract Amendment No. 1 to a contract between Hays County and Frank Surveying Company, Inc., dba FSC, Inc. for the US 290 West at Henly Loop and Martin Road project as part of the 2016 Road Bond Program. All present voted “Aye.” MOTION PASSED.

35599 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT/CONTRACT BETWEEN HAYS COUNTY AND COBB, FENDLEY & ASSOCIATES, INC. TO PROVIDE RIGHT-OF-WAY ACQUISITION SERVICES FOR RM 967 SAFETY IMPROVEMENTS PROJECT IN PRECINCT 2 AS PART OF THE ROAD BOND PROGRAM.

Commissioner Jones noted this project will cover safety improvements, as well as a delay of six to seven months due to environmental impact on the salamanders in the creek. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Professional Services Agreement/Contract between Hays County and Cobb, Fendley & Associates, Inc. to provide Right-of-Way Acquisition services for RM 967 Safety Improvements project in Precinct 2 as part of the Road Bond Program. All present voted “Aye.” MOTION PASSED.

35600 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A SUPPLEMENTAL #5 TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND JOHNSON, MIRMIRAN, AND THOMPSON, INC. (JMT) FOR FM 110 (SH80 TO FM621) MIDDLE AS PART OF THE HAYS COUNTY/TXDOT PARTNERSHIP PROGRAM.

Commissioner Ingalsbe noted this is the final step to address the mitigation requirements in the assessment due to mussels that were located. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute a Supplemental #5 to the Professional Services Agreement (PSA) between Hays County and Johnson, Mirmiran, and Thompson, Inc. (JMT) for FM 110 (SH80 to FM621) Middle as part of the Hays County/TxDOT Partnership Program. All present voted “Aye.” MOTION PASSED.

35601 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT/CONTRACT BETWEEN HAYS COUNTY AND BINKLEY AND BARFIELD, INC. TO PROVIDE UTILITY COORDINATION SERVICES FOR RM 12 AT RM 3237 INTERSECTION IMPROVEMENTS PROJECT IN PRECINCT 3 AS PART OF THE ROAD BOND PROGRAM.

Commissioner Shell stated this company was selected through an RFQ process. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the County Judge to execute a Professional Services Agreement/Contract between Hays County and Binkley and Barfield, Inc. to provide Utility Coordination services for RM 12 at RM 3237 Intersection Improvements project in Precinct 3 as part of the Road Bond Program. All present voted “Aye.” MOTION PASSED.

35602 CALL FOR A PUBLIC HEARING ON SEPTEMBER 22ND, 2020 TO DISCUSS FINAL PLAT APPROVAL OF THE REPLAT OF LOTS 11 & 12, HURLBUT RANCH EAST SUBDIVISION; PLN-1466-PC.

Caitlyn Strickland, Director of Development Services, stated there are no variances on this lot. A motion was made by Commissioner Smith, seconded by Commissioner Shell to call for a public hearing on September 22nd, 2020 to discuss final plat approval of the Replat of Lots 11 & 12, Hurlbut Ranch East Subdivision; PLN-1466-PC.All present voted “Aye.” MOTION PASSED.

35603 ESTABLISH FIVE (5) TEMPORARY ELECTION WORKERS FOR A THREE- WEEK PERIOD EFFECTIVE SEPTEMBER 16, 2020 TO ASSIST WITH BALLOT BY MAIL REQUESTS UTILIZING THE CARES HAVA FUNDING.

Jennifer Anderson, Elections Administrator, noted these positions are covered by the Help America Vote Act. The temporary positions will help fold ballots, and fill envelopes. Commissioner Ingalsbe asked Jennifer Anderson about her plan for a drop off point at the Hays County Government Center. Jennifer Anderson, stated her office is working with Tammy Crumley, Director of County Wide Operations, to have the doors open for the main polling location in the building, as well as designated parking spaces, so that people are able to drop off their ballots quickly and easily. A motion was made by Commissioner Smith, seconded by Commissioner Ingalsbe to establish Five (5) Temporary Election Workers for a three-week period effective September 16, 2020 to assist with Ballot by Mail requests utilizing the CARES HAVA Funding. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** SEPTEMBER 8, 2020 35604 ADOPT AN ORDER AUTHORIZING THE ISSUANCE OF ONE OR MORE SERIES OF “HAYS COUNTY, TEXAS LIMITED TAX REFUNDING BONDS”; LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS; DELEGATING AUTHORITY TO CERTAIN COUNTY OFFICIALS AND COUNTY STAFF TO EXECUTE CERTAIN DOCUMENTS RELATED TO THE SALE OF THE BONDS; AND AUTHORIZING THE EXECUTION OF AN ESCROW AGREEMENT AND A PAYING AGENT/REGISTRAR AGREEMENT.

Dan White Miller, Specialized Public Financial Adviser for the County, presented to the Court regarding the process to obtain lowered interest rate bonds. A motion was made by Commissioner Jones, seconded by Commissioner Shell to adopt an order authorizing the issuance of one or more series of “Hays County, Texas Limited Tax Refunding Bonds”; levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the Bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the Bonds; delegating authority to certain County officials and County staff to execute certain documents related to the sale of the Bonds; and authorizing the execution of an Escrow Agreement and a Paying Agent/Registrar Agreement. All present voted “Aye.” MOTION PASSED.

35605 AWARD RFP 2020-P08 ELECTION FORM PRINTING SERVICES TO AMG PRINTING AND AUTHORIZE STAFF AND GENERAL COUNSEL TO NEGOTIATE A CONTRACT.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to award RFP 2020- P08 Election Form Printing Services to AMG Printing and authorize staff and General Counsel to negotiate a contract. All present voted “Aye.” MOTION PASSED.

35606 AWARD RFP 2020-P12 CUSTOMER MANAGEMENT QUEUING SYSTEM TO NEMO-Q AND AUTHORIZE STAFF AND GENERAL COUNSEL TO NEGOTIATE A CONTRACT.

Britney Richey, County Treasurer, spoke to the court regarding the queueing system that would allow a text message to be sent to the person when their place in line is ready. This would help with social distancing. Commissioner Ingalsbe verified this item is funded by the Cares Act. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to award RFP 2020-P12 Customer Management Queuing System to NEMO-Q and authorize staff and General Counsel to negotiate a contract. All present voted “Aye.” MOTION PASSED.

35607 AUTHORIZE HUMAN RESOURCES TO PROCURE A CREDIT CARD IN AN AMOUNT NOT TO EXCEED $3,500.00 FROM THE COUNTY DEPOSITORY BANK.

Shari Miller, Human Resources Director, stated to the court that this credit card will allow her office to make purchases that do not fall under an emergency expense. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize Human Resources to procure a credit card in an amount not to exceed $3,500.00 from the County depository bank. All present voted “Aye.” MOTION PASSED.

35608 ADOPT THE FY 2021 COUNTY HOLIDAY CALENDAR.

Commissioner Ingalsbe noted this calendar is always open for changes. She stated the dates are being released early, so that the Courts are able to schedule dockets with ample time. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to adopt the FY 2021 County Holiday Calendar. All present voted “Aye.” MOTION PASSED.

35609 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND LARRY J FOSTER, TEXAS PROFESSIONAL INSPECTOR #3 TO PROVIDE TEXAS REAL ESTATE COMMISSION (TREC) INSPECTIONS FOR THE HUD FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RELIEF (CDBG-DR) HOUSING PROGRAM.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** SEPTEMBER 8, 2020 Commissioner Jones stated this item is for the block grant to add oversight. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Professional Services Agreement (PSA) between Hays County and Larry J Foster, Texas Professional Inspector #3 to provide Texas Real Estate Commission (TREC) Inspections for the HUD funded Community Development Block Grant Disaster Relief (CDBG-DR) Housing Program. All present voted “Aye.” MOTION PASSED.

35610 AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE CONTRACT BETWEEN HAYS COUNTY AND LANGFORD COMMUNITY MANAGEMENT SERVICES, LLC. FOR RFP 2020-P14 CDBG MITIGATION FUNDING.

Commissioner Shell stated this company was selected two weeks ago. This is the contract for court approval. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the County Judge to execute the contract between Hays County and Langford Community Management Services, LLC. for RFP 2020-P14 CDBG Mitigation Funding. All present voted “Aye.” MOTION PASSED.

DISCUSSION AND POSSIBLE ACTION TO DISCUSS CONSTITUENTS’ CONCERN ABOUT ELECTIONS REQUIREMENTS.

Elaine H. Cárdenas, County Clerk, read aloud the following public comments that were emailed to the court. Jonathan Steinberg made public comments regarding discussion of constituent’s concern about elections requirements. Sam Brannon made public comments regarding his election’s complaint against the Hays County Elections office filed with the Elections Division at the Secretary of the State’s office. Elaine H. Cárdenas, County Clerk spoke to the court regarding her discussion with Sam Brannon and her understanding of his concerns with the Elections office. Jennifer Anderson, Elections Administrator, stated she has previously given information to Sam Brannon as requested, and referred his Public Information request to the Office of General Counsel. Discussion was had among the Court and Jennifer Anderson, Elections Administrator, to incorporate more documentation and procedures for voting transparency. Elaine H. Cárdenas, County Clerk, read aloud the following public comments that were emailed to the court. Patricia Alba made public comments requesting drive thru areas for the delivery of mail-in ballots. Ann Jensen made public comments requesting mail-in ballot drop boxes for voters. Margo Case made public comment requesting a drive through drop off for mail-in ballots. Linda Nichols made a public comment requesting a drive through drop off for mail-in ballots. Jonathan Grant made a public comment requesting a drive through drop off for mail-in ballots. Eileen Sudela made a public comment requesting a drive through drop off for mail-in ballots. No action was taken.

1:00p.m. - Hold a public hearing on the FY 2021 proposed tax increase.

Judge Becerra opened the public hearing. Elaine H. Cárdenas, County Clerk, read aloud the following public comment that was emailed to the court. Victoria Chips made public comment against the proposed tax increase. Vickie Dorsett, Auditor’s Office, presented to the Court a handout of the Itemized Tax Rate. Judge Becerra announced a budget hearing is set for September 22, 2020 at 1:00PM in the historic courthouse. Dean Blackmore made public comments regarding clarification on the tax increase. John Love made public comments regarding clarification on the tax increase.

Clerk’s Note: Executive Session began at 11:19 a.m. and resumed back into open court at 1:05 p.m.

35611 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNTY TREASURER REGARDING PAYROLL TAX DEFERRAL IRS NOTICE 2020- 65 AS AMENDED UNDER SECTION 7508A OF THE INTERNAL REVENUE CODE AND CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ALL INDIVIDUAL POSITIONS WITHIN THE COUNTY. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe that Hays County not participate in the payroll reduction program. 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 RECOIL. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

No action was taken.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** SEPTEMBER 8, 2020 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 DEVELOPMENT SERVICES DEPARTMENT. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

No action was taken.

EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL REGARDING THE PARKS AND OPEN SPACE BOND PROPOSITION ON THE NOVEMBER 3, 2020 BALLOT; AND CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY REGARDING PARKS AND OPEN SPACE WITHIN HAYS COUNTY. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

No action was taken.

Clerk’s Note Agenda Item #44 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 $52,617.00 for the week of August 30 – September 5, 2020. The number of outsourced male inmates was 156 and female inmates were 4. The number of arrest made by agency are as follows; Buda Police Department - 8, Department of Public Safety – 4, Hays County Sheriff’s Department – 49, this includes court ordered commitments, warrant pick-ups from all agencies, and self-surrender warrants from all agencies, Kyle Police Department – 16, San Marcos Police Department - 25, Texas State Police Department – 2. No action taken.

Clerk’s Note Agenda Item #46 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY CENSUS PROGRAM INCLUDING UPDATES FROM JESSICA MEJIA. – WAS PULLED.

Clerk’s Note Agenda Item #47 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED.

Clerk’s Note Agenda Item #48 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED.

ADJOURNMENT

A motion was made by Judge Becerra, seconded by Commissioner Jones to adjourn court at 1:25 p.m.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** SEPTEMBER 15, 2020

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 15th DAY OF SEPTEMBER 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:

Pastor Jeff Latham, San Marcos Westover Baptist 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 made public comment regarding disbursements and taxes. Kelly Puryear made public comment regarding law enforcement support. Brittany Castano made public comment regarding the Texas Department of Criminal Justice releasing victims’ personal information. Larry Rayos made public comment in support of the Elections Administrator. Sheila Wray made public comments for the law enforcement offices and funding. Mike Lee made public comment in favor of funding law enforcement. Rolando Saucedo made public comment regarding elections. Sylvia Ybarra made public comment for Hays County law enforcement. Elaine H. Cárdenas, County Clerk, read aloud the following public comments that were emailed to the court. Linda Kaufmann made public comment regarding accessible polling locations. Robert Smith made public comments regarding reducing the spread of COVID-19 during elections.

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

Alex Villalobos, Chief of Staff and Emergency Management Coordinator, gave an update regarding Governor Abbott’s deployed test kits. Tammy Crumley, Director of County Wide Operations, gave an update to the Court regarding Texas State University’s COVID-19 case count. Mike Jones, Emergency Services Director, spoke to the Court; he noted they would have more data from Texas State University to report on Wednesday or Thursday. No action was taken.

Clerk’s Note: Judge Becerra called for a break that began at 11:45 a.m. and resumed back into open court at 11:52 a.m.

35612 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.

35613 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.

35614 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR AN APARTMENT BUILDING AND A 3-BEDROOM CABIN LOCATED AT 956 HART LN, DRIPPING SPRINGS, TEXAS 78620.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** SEPTEMBER 15, 2020 A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize On-Site Sewage Facility Permit for an apartment building and a 3-bedroom cabin located at 956 Hart Ln, Dripping Springs, Texas 78620. All present voted “Aye.” MOTION PASSED.

35615 AUTHORIZE BUILDING MAINTENANCE TO UTILIZE DONATED FUNDS FOR THE REMODEL OF THE HAYS COUNTY CHILD PROTECTIVE BOARD (HCCPB) RAINBOW ROOM LOCATED ON BROADWAY STREET IN SAN MARCOS AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize Building Maintenance to utilize donated funds for the remodel of the Hays County Child Protective Board (HCCPB) Rainbow Room located on Broadway Street in San Marcos and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35616 APPROVE UTILITY PERMITS.

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

35617 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A $59,589.82 PROPOSAL WITH THE MOVE TEAM FOR MOVING SERVICES FOR VARIOUS SHERIFF, DISPATCH AND EMERGENCY SERVICES OFFICES RELOCATING TO THE NEW PUBLIC SAFETY BUILDING AND AMEND THE BUDGET ACCORDINGLY.

Dan Lyon made public comment against this item. Commissioner Ingalsbe noted there are items that employees would need help moving. Marisol Villarreal-Alonzo, Auditor noted this item went through the bi-board process. Commissioner Smith noted some of the items would need to be secured. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute a $59,589.82 Proposal with The Move Team for moving services for various Sheriff, Dispatch and Emergency Services offices relocating to the new Public Safety Building and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35618 AUTHORIZE THE HAYS COUNTY OFFICE OF GENERAL COUNSEL TO SUBMIT A LETTER OF TERMINATION TO FIRST RESPONSE SOLUTIONS, LLC PURSUANT TO THE AGREEMENT OF SERVICES BETWEEN HAYS COUNTY AND FIRST RESPONSE SOLUTIONS, LLC IN RELATION TO THE MANAGEMENT OF HAZARDOUS MATERIAL.

Commissioner Shell stated this agreement is no longer needed. He stated Mike Jones, Emergency Services Director, has found a more efficient way of management. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the Hays County Office of General Counsel to submit a letter of termination to First Response Solutions, LLC pursuant to the Agreement of Services between Hays County and First Response Solutions, LLC in relation to the management of hazardous material. All present voted “Aye.” MOTION PASSED.

35619 AUTHORIZE THE COUNTY JUDGE TO EXECUTE INTERLOCAL COOPERATION AGREEMENTS BETWEEN HAYS COUNTY AND BURNET COUNTY FOR JAIL SERVICES AND BETWEEN HAYS COUNTY AND CALDWELL COUNTY FOR JAIL SERVICES RELATED TO THE HOUSING AND CARE OF HAYS COUNTY INMATES.

Dan Lyon made a public comment against this item. Commissioner Smith provided an explanation of cost differences for outsourcing. A motion was made by Commissioner Jones, seconded by Commissioner Smith to authorize the County Judge to execute Interlocal Cooperation Agreements between Hays County and Burnet County for Jail Services and between Hays County and Caldwell County for Jail Services related to the housing and care of Hays County inmates. All present voted “Aye.” MOTION PASSED.

35620 AUTHORIZE COUNTYWIDE OPERATIONS TO RENEW THE ANNUAL COMMERCIAL GENERAL LIABILITY AND EXCESS LIABILITY INSURANCE RELATED TO THE GAY RUBY DAHLSTROM NATURE PRESERVE IN THE AMOUNT OF $7,667.11.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** SEPTEMBER 15, 2020 Dan Lyon made a public comment regarding expenses. Commissioner Jones noted this insurance is part of the contract the county holds due to public access. Mark Kennedy, General Counsel, noted this is part of the lease agreement. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize Countywide Operations to renew the annual Commercial General Liability and Excess Liability Insurance related to the Gay Ruby Dahlstrom Nature Preserve in the amount of $7,667.11. All present voted “Aye.” MOTION PASSED.

35621 AUTHORIZE PAYMENT TO ENTERPRISE FM TRUST FOR THE CONSTABLE PCT. 3 OFFICE RELATED TO VEHICLE EQUIPMENT AND INSTALLATION IN WHICH NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER COUNTY PURCHASING POLICY.

Commissioner Shell noted this equipment was for a law enforcement vehicle. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize payment to Enterprise FM Trust for the Constable Pct. 3 Office related to Vehicle Equipment and Installation in which no purchase order was issued as required per County Purchasing Policy. All present voted “Aye.” MOTION PASSED.

35622 RATIFY THE EXECUTION OF AN EQUIPMENT RENTAL AGREEMENT WITH CLIFFORD POWER SYSTEMS FOR THE JUVENILE DETENTION CENTER RELATED TO A 300KVA GENERATOR RENTAL AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to ratify the execution of an Equipment Rental Agreement with Clifford Power Systems for the Juvenile Detention Center related to a 300kVA Generator rental and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35623 APPROVE JOINT ELECTION AGREEMENTS FOR JURISDICTIONS CONTRACTING WITH HAYS COUNTY ELECTIONS FOR THE NOVEMBER 3, 2020 GENERAL ELECTION.

Commissioner Jones wanted to point out that there are 14 different jurisdictions that the county elections office will be responsible for running. A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve Joint Election Agreements for jurisdictions contracting with Hays County Elections for the November 3, 2020 General Election. All present voted “Aye.” MOTION PASSED.

35624 APPROVE THE SELECTION OF GARVER ENGINEERING FOR DRAINAGE, ROADWAY ALIGNMENT, AND ENVIRONMENTAL STUDIES AND RECOMMENDATIONS AT SENTINEL PEAK PRESERVE AND AUTHORIZE STAFF AND COUNSEL TO NEGOTIATE A CONTRACT.

Commissioner Shell stated this study would allow the county to get started on investigating how to get public access through the remainder of the branch. A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve the selection of Garver Engineering for drainage, roadway alignment, and environmental studies and recommendations at Sentinel Peak Preserve and authorize staff and counsel to negotiate a contract. All present voted “Aye.” MOTION PASSED.

35625 ACCEPT FISCAL SURETY FOR THE CONSTRUCTION OF STREET AND DRAINAGE IMPROVEMENTS IN THE AMOUNT OF $1,028,339.75 FOR TRAILS AT WINDY HILL, PHASE TWO SUBDIVISION (BOND # 41420699).

Commissioner Jones noted there is staff approval for this item. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe accept fiscal surety for the construction of street and drainage improvements in the amount of $1,028,339.75 for Trails at Windy Hill, Phase Two Subdivision (Bond # 41420699). All present voted “Aye.” MOTION PASSED.

35626 AWARD CONTRACT FOR IFB 2020-B14 LIME KILN ROAD IMPROVEMENTS TO CAPITAL EXCAVATION, CO.

Commissioner Smith stated he is excited to get this process started and completed. Commissioner Shell stated the bids were very competitive for this project. Commissioner Jones stated he is confident with the company that has this bid. A motion was made by Commissioner Smith, seconded by Commissioner Shell to award contract for IFB 2020-B14 Lime Kiln Road Improvements to Capital Excavation, Co. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** SEPTEMBER 15, 2020 35627 CONTINUATION OF THE LOCAL DISASTER DECLARATION ORIGINALLY PROCLAIMED BY THE COUNTY JUDGE ON OR ABOUT MARCH 15, 2020, CONTINUED BY RESOLUTION OF COMMISSIONERS COURT ON MARCH 16, 2020 AND EXTENDED BY THE COURT ON JULY 14, 2020.

Judge Becerra stated he is continuing his order for consistency throughout the county. Mark Kennedy, General Counsel, stated this item is for the qualification of funding. A motion was made by Judge Becerra, seconded by Commissioner Ingalsbe to approve a continuation of the Local Disaster Declaration originally proclaimed by the County Judge on or about March 15, 2020, continued by resolution of Commissioners Court on March 16, 2020 and extended by the Court on July 14, 2020.All present voted “Aye.” MOTION PASSED.

35628 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A FUNDING AGREEMENT BETWEEN HAYS COUNTY AND THE CITY OF KYLE REGARDING FUNDING TOWARDS THE EMERGENCY CASH ASSISTANCE PROGRAM (ECAP).

Commissioner Jones thanked the City of Kyle for their contribution. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Funding Agreement between Hays County and the City of Kyle regarding funding towards the Emergency Cash Assistance Program (ECAP). All present voted “Aye.” MOTION PASSED.

35629 AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN HAYS COUNTY AND MILLIMAN, INC. FOR ACTUARIAL SERVICES RELATED TO RETIREE DRUG SUBSIDY.

Shari Miller, Director of Human Resources stated this is the County’s annual review of the retirees’ insurance program. This ensures the programs are credible. This also qualifies the county for rebates. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the execution of an agreement between Hays County and Milliman, Inc. for actuarial services related to retiree drug subsidy. All present voted “Aye.” MOTION PASSED.

35630 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A FIRST AMENDMENT TO THE HEALTH CARE SERVICES AGREEMENT WITH WELLPATH, LLC FOR THE JUVENILE DETENTION FACILITY AND AUTHORIZE A DISCRETIONARY EXEMPTION PURSUANT TO TEXAS LOCAL GOVERNMENT CODE, CH. 262.024(A)(4).

Commissioner Ingalsbe stated this is an extension of the agreement. Burlon Parsons, Juvenile Detention, stated this item is for an increase from 3% to 4%. Vickie Dorsett, Auditor’s office, stated per the contract between the county and Wellpath, LLC, the company can make that increase. Burlon Parsons, Juvenile Detention, stated Wellpath, LLC has provided good service during the pandemic. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute a First Amendment to the Health Care Services Agreement with Wellpath, LLC for the Juvenile Detention Facility and authorize a discretionary exemption pursuant to Texas Local Government Code, Ch. 262.024(a)(4). All present voted “Aye.” MOTION PASSED.

35631 ADOPT A RESOLUTION RELATED TO THE CREATION OF A HAYS COUNTY ONION CREEK WATERSHED TECHNICAL GROUP.

Commissioner Jones stated this item gives the county a technical group that will advise with Travis County. Caitlyn Strickland, Director of Development Services, stated this watershed expands over 110,000 acres across the county. This group will help to incorporate cohesiveness throughout the area. Commissioner Smith noted he is in support of this group. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to adopt a Resolution related to the creation of a Hays County Onion Creek Watershed Technical Group. All present voted “Aye.” MOTION PASSED.

DISCUSSION WITH POSSIBLE ACTION TO FUND A TEMPORARY POSITION TO AID ELECTIONS ADMINISTRATION WITH OVERALL 2020 ELECTION.

Sam Brannon made a public comment regarding accountability in the Elections office. Judge Becerra spoke about hiring an employee to help with oversight in the Elections office. Sam Brannon was called up by the court to speak more about his open records request for elections and his findings. The Court discussed with Sam Brannon and Jennifer Anderson, Elections Administrator, about the processes and procedures in place for the upcoming election. Jennifer Anderson, Elections Administrator, spoke to the court about her office procedures during elections and the processes for reporting the election results to the State. The court discussed plans to

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** SEPTEMBER 15, 2020 get more details about the role of the proposed temporary position. This item will be brought back to court September 22, 2020 under the budget workshop. No action was taken.

35632 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND INDEPENDENCE TITLE TO PROVIDE CLOSING SERVICES FOR THE HUD FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RELIEF (CDBG-DR) HOUSING PROGRAM.

Tammy Crumley, County Wide Operations Director, stated the county needs a title company to draw up closing documents for these properties. Mark Kennedy, General Counsel, explained why only one company may have submitted a bid. Vickie Dorsett, Auditors Office, stated this was an informal request. Marisol Villarreal-Alonzo, County Auditor, spoke on this item. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Professional Services Agreement (PSA) between Hays County and Independence Title to provide closing services for the HUD funded Community Development Block Grant Disaster Relief (CDBG-DR) Housing Program. All present voted “Aye.” MOTION PASSED.

Clerk’s Note: Executive Session began at 12:45 p.m. and resumed back into open court at 2:30 p.m.

No action was taken.

35633 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL REGARDING THE PARKS AND OPEN SPACE BOND PROPOSITION ON THE NOVEMBER 3, 2020 BALLOT; AND CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY REGARDING PARKS AND OPEN SPACE WITHIN HAYS COUNTY. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

A motion was made by Commissioner Jones, seconded by Commissioner Smith to authorize the Hays County Public Information Officer to purchase items and services related to the establishment of Hays County 2020 Parks Bond website and other information – providing resources, not to exceed $2,500.00 to be taken from County Wide Contingency. All present voted “Aye.” MOTION PASSED.

Clerk’s Note Agenda Item #27 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 $55,277.00 for the week of September 6 – September 12, 2020. The number of outsourced males was 154 inmates and females were 4 inmates. The number of arrest made by agency are as follows; Buda Police Department - 2, Department of Public Safety – 4, Hays County Sheriff’s Department – 37, this includes court ordered commitments, warrant pick-ups from all agencies, and self-surrender warrants from all agencies, Kyle

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** SEPTEMBER 15, 2020 Police Department – 16, San Marcos Police Department - 20 , Texas State Police Department – 21. No action taken.

Clerk’s Note Agenda Item #29 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY CENSUS PROGRAM INCLUDING UPDATES FROM JESSICA MEJIA. – WAS PULLED.

Clerk’s Note Agenda Item #30 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 #31 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 2:44 p.m.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** SEPTEMBER 22, 2020

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 22nd DAY OF SEPTEMBER 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:

Rev. Stella Burkhalter, Kyle United Methodist 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 made public comments regarding Hays County spending. Eddie Warner made public comment about backing the police. Sheila Wray expressed her concern for Judge Becerra’s support of Alex Villalobos, Emergency Management Coordinator and Chief of Staff, and that she was concerned that Judge Becerra is not supporting the police. Naomi Narvaiz made public comment about the US constitution being assaulted. Holly Collie commented she had a problem with an individual on her property that the police solved and that police should not be defunded. Daltyn Collie made public comment that police should not be defunded. Rick Adams made public comment backing the blue. Lee Ikels, Child Protective board of Hays County, made public comments that budget is low, but gave thanks for what the Judge and Commissioners have done for them so far. Karen Hoghaug made public comment about the Sheriff’s Deputy who saved her dog during a fire and that the police should not be defunded. Mike Lee made public comments against defunding the police. William McCain made public comment to increase police budget. Donnie Williamson, Travis County Resident, made public comment supporting the Sheriff’s Department. Diana Manweiler made public comment stating what happened in Austin is unacceptable and law enforcement needs to be funded. Kathy Lee made public comment backing the blue. Olivia Cross made public comments to not defund the police. Andy Hentschke made public comment backing the police. He stated ANTIFA is at our door and community outreach needs a better budget. Norma Blackwell made public comment appreciating the support from the Commissioners and Judge for support of CASA. Elaine H. Cárdenas, County Clerk read the following emailed comments to the court. Charles Adam Spencer made a public comment against defunding the police. Dickson de la Haye made public comments requesting an investment of $25,000.00 from the 2021 budget for Capital IDEA for 7-10 Hays county students.

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

Alex Villalobos, Chief of Staff and Emergency Management Coordinator, gave updates to the court regarding the opening dates of testing locations. No action was taken.

35634 ADOPT A PROCLAMATION DECLARING SEPTEMBER 17 - 23, 2020 AS CONSTITUTION WEEK.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Smith to adopt a Proclamation declaring September 17 - 23, 2020 as Constitution Week. All present voted “Aye.” MOTION PASSED.

35635 ADOPT A PROCLAMATION DECLARING SEPTEMBER 15 - OCTOBER 15, 2020 AS HISPANIC HERITAGE MONTH.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to adopt a Proclamation declaring September 15 - October 15, 2020 as Hispanic Heritage Month. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** SEPTEMBER 22, 2020 35636 APPROVE PAYMENTS OF COUNTY INVOICES.

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

35637 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS.

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

35638 APPROVE COMMISSIONERS COURT MINUTES OF SEPTEMBER 8, 2020 AND SEPTEMBER 15, 2020.

A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to approve Commissioners Court Minutes of September 8, 2020 and September 15, 2020. All present voted “Aye.” MOTION PASSED.

35639 AUTHORIZE THE ACCEPTANCE OF A GRANT AWARD FROM THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION FOR PREVENTION AND PREPAREDNESS RESPONSE FOR COVID-19 IN THE AMOUNT OF $293,426 AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the acceptance of a grant award from the Office of the Governor, Criminal Justice Division for Prevention and Preparedness Response for COVID-19 in the amount of $293,426 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35640 AUTHORIZE THE EXECUTION OF A GRANT CONTRACT AMENDMENT WITH TEXAS INDIGENT DEFENSE COMMISSION (TIDC) TO EXTEND THE TERM OF THE REGIONAL PADILLA COMPLIANCE PILOT PROJECT GRANT TO MARCH 31, 2022.

Commissioner Shell noted this item went before the Criminal Justice Coordination Commission and was supported unanimously to extend the project. He also stated it is now opened for other areas of the state. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the execution of a grant contract amendment with Texas Indigent Defense Commission (TIDC) to extend the term of the Regional Padilla Compliance Pilot Project grant to March 31, 2022. All present voted “Aye.” MOTION PASSED.

35641 APPROVE THE APPOINTMENT OF KAREN HOUSEWRIGHT TO THE HAYS COUNTY CHILD PROTECTIVE BOARD, TERM ENDING DECEMBER 31, 2022.

Commissioner Jones thanked Ms. Housewright for her willingness to serve on the board. A motion was made by Commissioner Smith, seconded by Commissioner Jones to approve the appointment of Karen Housewright to the Hays County Child Protective Board, term ending December 31, 2022. All present voted “Aye.” MOTION PASSED.

35642 AUTHORIZE THE EXECUTION OF AMENDMENT NO. 2 TO THE GENERAL LAND OFFICE (GLO) CONTRACT NO. 18-501-000-B226 COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY PROGRAM INFRASTRUCTURE PROJECTS NON-RESEARCH & DEVELOPMENT 2015 FLOOD ALLOCATION.

A motion was made by Commissioner Smith, seconded by Commissioner Jones to authorize the execution of Amendment No. 2 to the General Land Office (GLO) Contract No. 18-501-000-B226 Community Development Block Grant Disaster Recovery Program Infrastructure Projects Non-Research & Development 2015 Flood Allocation. All present voted “Aye.” MOTION PASSED.

35643 APPROVE RENEWAL OF IFB 2020-B16 ROAD IMPROVEMENTS - REMOVE & REPLACE HOT MIX WITH TURNER PAVING & CONSTRUCTION INC. FOR A PERIOD NOT TO EXCEED NOVEMBER 15, 2020.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** SEPTEMBER 22, 2020 Commissioner Smith stated the recent rain has caused a delay on construction. A motion was made by Commissioner Smith, seconded by Commissioner Jones to approve renewal of IFB 2020-B16 Road Improvements - Remove & Replace Hot Mix with Turner Paving & Construction Inc. for a period not to exceed November 15, 2020. All present voted “Aye.” MOTION PASSED.

35644 APPROVE UTILITY PERMITS.

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

35645 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A $29,651 REFRESH AGREEMENT WITH EXACOM, INC. RELATED TO THE MULTI MEDIA RECORDING PLATFORM SYSTEM FOR RECORDING 911 AND NON- EMERGENCY CALLS, RADIO TRANSMISSIONS, AND VOIP FOR THE SHERIFF'S OFFICE EMERGENCY COMMUNICATION DIVISION; AND AUTHORIZE A DISCRETIONARY EXEMPTION PURSUANT TO TEXAS LOCAL GOVERNMENT CODE CH. 262.024(A)(7)(D).

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the County Judge to execute a $29,651 Refresh Agreement with Exacom, Inc. related to the Multi Media Recording Platform System for recording 911 and non-emergency calls, radio transmissions, and VOIP for the Sheriff's Office Emergency Communication Division; and authorize a discretionary exemption pursuant to Texas Local Government Code Ch. 262.024(a)(7)(D). All present voted “Aye.” MOTION PASSED.

35646 APPROVE RENEWAL OF IFB 2017-B02 COUNTYWIDE DUMPSTERS WITH TEXAS DISPOSAL SYSTEMS FOR ONE ADDITIONAL YEAR.

Dan Lyon made a public comment stating the county is spending too much on this service. Tammy Crumley, Director of Countywide Operations, clarified that this service is being used fully. Commissioner Jones commented that he sees the trash being used. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to approve renewal of IFB 2017-B02 Countywide Dumpsters with Texas Disposal Systems for one additional year. All present voted “Aye.” MOTION PASSED.

35647 AUTHORIZE THE COUNTY JUDGE AND CONSTABLE MONTAGUE TO EXECUTE AN INTERLOCAL COOPERATIVE AGREEMENT BETWEEN HAYS COUNTY, THE CITY OF WIMBERLEY AND THE HAYS COUNTY CONSTABLE FOR PRECINCT 3 REGARDING TRAFFIC ENFORCEMENT IN PRECINCT 3.

Jordan Powell, Office of General Counsel, stated there is a change in the handout that was not included in the backup. Commissioner Shell gave more information on this item. Commissioner Smith gave thanks for the officers that helped with this item. Judge Becerra asked Constable Montague for more clarification on a certain issue for the people on this item. Mayor Gina Fulkerson spoke about trying to best serve the community. They are currently monitoring this agenda item. Rebecca Minnick, Wimberley City Council Member, also spoke on this agenda item. Judge asked Constable Montague about coordinating communications at the Sheriff’s department. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the County Judge and Constable Montague to execute an Interlocal Cooperative Agreement between Hays County, the City of Wimberley and the Hays County Constable for Precinct 3 regarding traffic enforcement in Precinct 3. All present voted “Aye.” MOTION PASSED.

35648 AUTHORIZE THE COUNTY JUDGE TO EXECUTE OF FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN HAYS COUNTY AND HALFF AND ASSOCIATES EXECUTED ON OR ABOUT SEPTEMBER 19, 2017 RELATED TO FLOOD MITIGATION ASSISTANCE.

Commissioner Shell stated this item is a project that will model Purgatory Creek and Willow Springs Creek. Commissioner Ingalsbe stated H.E.B. has been a big supporter of this project. She noted this project will help the areas that are affected by flooding. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the County Judge to execute of First Amendment to the Professional Services Agreement between Hays County and Halff and Associates executed on or about September 19, 2017 related to flood mitigation assistance. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** SEPTEMBER 22, 2020 35649 AUTHORIZE THE COUNTY JUDGE TO EXECUTE CONTRACT AMENDMENT NO. 1 BETWEEN HAYS COUNTY AND LNV, INC. FOR THE SH 21 AT FM 1966 INTERSECTION/SAFETY IMPROVEMENTS PROJECT AS PART OF THE 2016 ROAD BOND PROGRAM.

Commissioner Ingalsbe stated this will cover additional design work to incorporate a signal pole for safety. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute Contract Amendment No. 1 between Hays County and LNV, Inc. for the SH 21 at FM 1966 Intersection/Safety Improvements project as part of the 2016 Road Bond Program. All present voted “Aye.” MOTION PASSED.

35650 APPROVE THE RELEASE OF THE MAINTENANCE BOND #0722765 IN THE AMOUNT OF $709,843.20, AND THE ACCEPTANCE OF ROADS INTO THE COUNTY ROAD MAINTENANCE SYSTEM FOR STONEFIELD SUBDIVISION, SECTION 12.

Commissioner Jones stated there is staff approval for this item. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve the release of the maintenance bond #0722765 in the amount of $709,843.20, and the acceptance of roads into the county road maintenance system for Stonefield subdivision, Section 12. All present voted “Aye.” MOTION PASSED.

35651 APPROVE THE RELEASE OF THE MAINTENANCE BOND #46BCSHY1378 IN THE AMOUNT OF $188,835.86, RELEASE OF THE REVEGETATION BOND #K13533428 IN THE AMOUNT OF $61,000.00, AND THE ACCEPTANCE OF ROADS INTO THE COUNTY ROAD MAINTENANCE SYSTEM FOR BURBA RANCH SUBDIVISION (A.K.A. ESTATES OF SAWYER RANCH).

Commissioner Smith stated this item has full staff recommendation. A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve the release of the maintenance bond #46BCSHY1378 in the amount of $188,835.86, release of the revegetation bond #K13533428 in the amount of $61,000.00, and the acceptance of roads into the county road maintenance system for Burba Ranch subdivision (a.k.a. Estates of Sawyer Ranch). All present voted “Aye.” MOTION PASSED.

35652 APPROVE A RESOLUTION SUPPORTING THE DEVELOPMENT OF THE ROBERT S. LIGHT BLVD. EXTENSION PROJECT AND URGING THE TEXAS DEPARTMENT OF TRANSPORTATION TO APPROVE THE ROBERT S. LIGHT BLVD. EXTENSION PROJECT ENVIRONMENTAL DOCUMENT IN A TIMELY MANNER SO THAT THE DEVELOPMENT OF THE ROBERT S. LIGHT BLVD. EXTENSION PROJECT MAY PROCEED TO CONSTRUCTION AS EXPEDITIOUSLY AS POSSIBLE.

Commissioner Jones stated his precinct is ready to move forward on this project. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve a Resolution Supporting the Development of the Robert S. Light Blvd. Extension Project and Urging the Texas Department of Transportation to Approve the Robert S. Light Blvd. Extension Project Environmental Document in a Timely Manner So That the Development of the Robert S. Light Blvd. Extension Project May Proceed to Construction As Expeditiously As Possible. All present voted “Aye.” MOTION PASSED.

35653 APPROVE A REMOVAL AND REIMBURSEMENT AGREEMENT BETWEEN HAYS COUNTY AND TEXACO DOWNSTREAM PROPERTIES, INC. AND AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE REMOVAL AND REIMBURSEMENT AGREEMENT ON BEHALF OF HAYS COUNTY.

Commissioner Jones stated this reimbursement will cover the removal of an abandoned pipeline. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve a Removal and Reimbursement Agreement between Hays County and Texaco Downstream Properties, Inc. and authorize the County Judge to execute the Removal and Reimbursement Agreement on behalf of Hays County. All present voted “Aye.” MOTION PASSED.

35654 HOLD A PUBLIC HEARING WITH POSSIBLE ACTION TO APPROVE THE FINAL PLAT OF THE REPLAT OF LOTS 11 & 12, HURLBUT RANCH EAST SUBDIVISION; PLN-1466-PC.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** SEPTEMBER 22, 2020 Judge Becerra opened the public hearing. No comments were made. Judge Becerra closed the public hearing. Commissioner Smith stated this item has full staff approval and no variances. A motion was made by Commissioner Smith, seconded by Commissioner Shell to hold a public hearing with possible action to approve the final plat of the Replat of Lots 11 & 12, Hurlbut Ranch East Subdivision; PLN-1466-PC. All present voted “Aye.” MOTION PASSED.

35655 APPROVE THE 2021 SHERIFF & CONSTABLE FEES.

Mark Kennedy, Office of General Counsel, requested this item be reopened. He stated there was a scrivener’s error in the backup. The range should be $10,000.01 to cover the gap not $10,001.00. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve the 2021 Sheriff & Constable Fees. All present voted “Aye.” MOTION PASSED.

Clerk’s Note: Judge Becerra reopened this item at 11:04 a.m. to correct scrivener’s error.

35656 AUTHORIZE THE SHERIFF'S OFFICE TO HIRE A MECHANIC, SLOT 1060- 001 AT THE 7TH PERCENTILE.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the Sheriff's Office to hire a Mechanic, slot 1060-001 at the 7th percentile. All present voted “Aye.” MOTION PASSED.

35657 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN INFORMATION RELEASE CONTRACT WITH THE TEXAS WORKFORCE COMMISSION FOR THE BENEFIT OF THE HAYS COUNTY CONSTABLE, PRECINCT 1.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the County Judge to execute an Information Release Contract with the Texas Workforce Commission for the benefit of the Hays County Constable, Precinct 1. All present voted “Aye.” MOTION PASSED.

35658 AUTHORIZING THE COUNTY JUDGE TO EXECUTE A CONTRACT WITH WESTLAW THOMPSON REUTERS FOR ONLINE LEGAL RESEARCH SERVICES IN THE HAYS COUNTY OFFICE OF GENERAL COUNSEL WITH FUNDS BUDGETED FOR FY2021.

Commissioner Ingalsbe stated the county needs to have this contract for each service provided. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorizing the County Judge to execute a contract with Westlaw Thompson Reuters for online legal research services in the Hays County Office of General Counsel with funds budgeted for FY2021. All present voted “Aye.” MOTION PASSED.

35659 AUTHORIZE THE SUBMISSION OF A COMMUNITY DEVELOPMENT BLOCK GRANT - MITIGATION PROJECT APPLICATION TO THE GENERAL LAND OFFICE AND AUTHORIZE THE COUNTY JUDGE TO ACT AS THE COUNTY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MANNERS PERTAINING TO THE COUNTY'S PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT -MITIGATION PROGRAM.

A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the submission of a Community Development Block Grant - Mitigation Project Application to the General Land Office and authorize the County Judge to act as the County's Executive Officer and Authorized Representative in all manners pertaining to the County's participation in the Community Development Block Grant - Mitigation Program. All present voted “Aye.” MOTION PASSED.

HOLD A PUBLIC HEARING ON THE FY 2021 HAYS COUNTY PROPOSED BUDGET - 1:00 P.M.

Judge Becerra opened the public hearing. Dan Lyon made a public comment regarding economic hardship on for the Hays County citizens. Britney Richey, Treasurer, made a request for one additional staff member in her office. Jeff McGill, Information Technology Director, gave additional information regarding items on his requested list. No action was taken.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** SEPTEMBER 22, 2020 35660 SET THE FY 2021 SALARIES AND ALLOWANCES FOR HAYS COUNTY ELECTED OFFICIALS.

Vickie Dorsett, Auditor’s Office, stated there are no salary increases. There are slight increases for longevity for any elected official that has been with the county longer than four years. A motion was made by Commissioner Smith, seconded by Commissioner Ingalsbe to set the FY 2021 salaries and allowances for Hays County Elected Officials as presented. All present voted “Aye.” MOTION PASSED.

35661 ADOPT THE FY 2021 HAYS COUNTY BUDGET AFTER MAKING ANY FINAL CHANGES AS A RESULT OF THE PUBLIC HEARING.

Vickie Dorsett, Auditor’s Office, stated today is the final vote for changes to the budget. She stated the court can make changes to the tax rate by decreasing not increasing. She noted some changes made in final review. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to approve a position in the Treasurer’s office starting in April 2021. All present voted “Aye.” MOTION PASSED.

A motion was made by Commissioner Jones, seconded by Commissioner Smith to add an administrative assistant I from part time to full time position with an impact of $26,190.00 on the budget. All present voted “Aye.” MOTION PASSED.

A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to add $5,000.00 per each to the of the following social services agencies; the Food Bank, Hays Caldwell Women’s Center, Greater San Marcos Youth Shelter, Court Appointed Special Advocates (CASA), Hays County Child Protective Board, Prevent A Litter (PALS), and Capital IDEA, $5,000.00 each for 7 of those at a total of $35,000.00. All present voted “Aye.” MOTION PASSED.

A motion was made by Commissioner Shell, seconded by Commissioner Smith to approve all the remaining items in the general fund that are overall savings in various departments, two savings and two expenditures. The Sheriff’s office, the leased vehicles that were discussed. The jail, the Wellpath reduction of $12,278.00, Constable 1 bullet proof vest and the Transunion contract, Constable 3 washing out the ILA with the City of Wimberley and adding two bullet proof vests, and $1,500.00 in continuing education. The reserve items mentioned in Emergency Services and Information Technology and the software maintenance and Dripping Springs switches and Information Technology in the general fund. All present voted “Aye.” MOTION PASSED.

A motion was made by Commissioner Shell, seconded by Commissioner Smith to include all of the other funds that are listed after the general fund which include road and bridge, drug forfeiture, road bond, records management, fire code, HAVA, and the CARES fund. All present voted “Aye.” MOTION PASSED.

A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to allocate the $113,399.00 into a contingency in jail operations. All present voted “Aye.” MOTION PASSED.

A motion was made by Commissioner Smith, seconded by Commissioner Ingalsbe to adopt the FY 2021 Hays County budget to include all changes as presented. All present voted “Aye.” MOTION PASSED.

35662 RATIFY THE PROPERTY TAX INCREASE REFLECTED IN THE FY 2021 HAYS COUNTY BUDGET.

Dan Lyon made a public comment stating that we need less government. A motion was made by Commissioner Jones, seconded by Commissioner Shell to ratify the property tax increase reflected in the FY 2021 Hays County budget. Adoption of a budget that will require raising more revenue from property taxes than in the previous years requires a separate vote of the Commissioner's Court to ratify the property tax increase reflected in the budget. This budget will raise more revenue from property taxes than last year’s budget by an amount of $4,619,577 or 5.18% increase from last year’s budget. The property tax revenue to be raised from new property added to the tax roll this year is $4,396,386." All present voted “Aye.” MOTION PASSED.

35663 APPROVE AN ORDER ADOPTING THE TAX RATE FOR FY 2021 AND LEVY THE TAXES.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell that the property tax rate be set by the adoption of a tax rate of 42.12¢., 26.78¢ - General Maintenance & Operations, 12.46¢ - General Debt., 2.88¢ - Road and Bridge Maintenance & Operations. All present voted “Aye.” MOTION PASSED. All present voted “Aye.” MOTION PASSED.

Clerk’s Note: Executive Session began at 11:06 a.m. and resumed back into open court at 1:02 p.m.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** SEPTEMBER 22, 2020 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL REGARDING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN HAYS COUNTY AND THE HAYS COUNTY LAW ENFORCEMENT ASSOCIATION (HCLEA); AND CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ALL INDIVIDUAL POSITIONS SUBJECT TO SAID COLLECTIVE BARGAINING AGREEMENT. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

No action taken.

35664 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE VALUE OF REAL PROPERTY LOCATED ON OR NEAR HERMOSA PALOMA IN PRECINCT 3. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize General Counsel to execute a subordination Agreement between Hays County and Central National Bank, related to liens on 5.7 acres of land described as Lot 9 within Hermosa Paloma overlook. All present voted “Aye.” MOTION PASSED.

35665 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; AND CONSULTATION WITH COUNSEL REGARDING EVACUATION ASSISTANCE RELATED TO THE HURRICANE LAURA DISASTER. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

Judge Becerra notes the county will seek reimbursement from the state. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize payment of $10,477.51 to Denise Treadwell as reimbursement for the reservation of hotel rooms and payment of $3,419.38 to Candlewood Suites Buda and $4,094.00 to White Rock Inn San Marcos for the reservation of hotel rooms in response to Hurricane Laura; and to find that such actions fulfilled a public purpose in anticipation of storm evacuees. Payment to the two hotels is anticipated to result in the cancellation of an $18,495.95 charge to Denise Treadwell. Under those same findings, motion to authorize payment of the remainder of charges associated with hotel room reservations, to be reconciled by the auditor’s office and paid using a card issued to the Auditor’s office estimated to be $9,936.73 plus the monies to be paid to the two hotels under the previous motion. In addition, authorize payment to Central Texas Food Bank in the amount of $1,659.00 for meals associated with Hurricane Laura, where no purchase order was issued as required per County Purchasing policy. All assistance related to this disaster will be funded with county wide contingencies, and County Auditor’s Office will seek reimbursement from the State due to Cash Assistance Program. All present voted “Aye.” MOTION PASSED.

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

Judge Becerra announced there is no burn ban recommendation due to the recent rainfall.

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 $56,062.00 for the week of September 13 – September 19, 2020. The number of outsourced males was 166 inmates and females were 2 inmates. The number of arrest made by agency are as follows; Buda Police Department - 5, Department of Public Safety – 4, Hays County Sheriff’s Department – 65, this includes court ordered commitments, warrant pick-ups from all agencies, and self-surrender warrants from all agencies, Kyle Police Department – 17, San Marcos Police Department - 41, Texas State Police Department – 2. No action taken.

Clerk’s Note Agenda Item #38 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY CENSUS PROGRAM INCLUDING UPDATES FROM JESSICA MEJIA. – WAS PULLED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** SEPTEMBER 22, 2020 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 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 12:55 p.m.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** SEPTEMBER 29, 2020

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 29th DAY OF SEPTEMBER 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:

Pastor Josh Murrillo, San Marcos Seventh-day Adventist Church, gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order.

PUBLIC COMMENTS

Brittany Castano made public comment regarding funding the police and victim notification. Dan Lyon made public comment regarding the Sheriff’s office purchases. Rodrigo Amaya made public comments regarding police funding and the Office of General Counsel. Kelly Puryear made public comment regarding funding for law enforcement. Linda Freeman made public comments regarding court decorum and previous public comments. Elaine H. Cárdenas, County Clerk, read aloud the following public comments that were emailed to the court. Sherry Huffman made comment against defunding law enforcement.

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

Alex Villalobos, Chief of Staff and Emergency Management Coordinator, announced testing locations and times. Tammy Crumley, Director of County Wide Operations, announced the tests that will be provided are curative test. These tests are preformed using a cheek swab. Results for the test are expected to be a 24-hour turnaround time. Positive results will be reported by the county. No action was taken.

35666 ADOPT A PROCLAMATION DECLARING OCTOBER 2020 AS HILL COUNTRY NIGHT SKY MONTH.

Commissioner Shell stated that Wimberley Valley and Dripping Springs are designated Dark Sky communities. He called on Louis Parks to speak for the members of the Wimberley Valley Dark Sky community. Louis Parks thanked the court and announced upcoming events. Commissioner Smith noted a possible amendment to state statute that will allow counties to designate dark sky counties. He stated he would be in support of that initiative. A motion was made by Commissioner Shell, seconded by Commissioner Smith to adopt a Proclamation declaring October 2020 as Hill Country Night Sky Month. All present voted “Aye.” MOTION PASSED.

35667 ADOPT A PROCLAMATION DECLARING OCTOBER 2020 AS MANUFACTURING MONTH.

Barbara Thompson of the Greater San Marcos Partnership also affiliated with the Greater San Marcos Manufacturing Association, thanked the court for the proclamation. She announced a website that will go live Friday that includes information for students to view manufacturing careers. Jason Giulietti of the Greater San Marcos Partnership also thanked the court for this proclamation. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to adopt a Proclamation declaring October 2020 as Manufacturing Month. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** SEPTEMBER 29, 2020 UPDATE ON THE SEPTEMBER MEETING OF THE HILL COUNTRY MENTAL HEALTH DEVELOPMENTAL DISABILITIES BOARD BY CHARLIE CAMPISE.

Charlie Campise gave an update to the court regarding the September meeting of the Hill Country Mental Health Developmental Disabilities Board. He stated during the meeting a bonus package for employees was approved, the Executive Director announced his resignation at the end of this year, and financial reports were given. Charlie Campise noted that the number of clients has increased during this time. No action was taken.

35668 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.

35669 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.

35670 APPROVE COMMISSIONERS COURT MINUTES OF SEPTEMBER 22, 2020.

A motion was made by Commissioner Shell, seconded by Commissioner Smith to approve Commissioners Court Minutes of September 22, 2020. All present voted “Aye.” MOTION PASSED.

35671 APPROVE THE PAYMENT OF THE SEPTEMBER 30, 2020 PAYROLL DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $3,910,000.00 EFFECTIVE SEPTEMBER 30, 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 Smith to approve the payment of the September 30, 2020 payroll disbursements in an amount not to exceed $3,910,000.00 effective September 30, 2020 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voted “Aye.” MOTION PASSED.

35672 AUTHORIZE THE ACCEPTANCE OF A GRANT AWARD FROM THE TEXAS DIVISION OF EMERGENCY MANAGEMENT (TDEM) FOR THE FY2020 EMERGENCY MANAGEMENT PERFORMANCE GRANTS (EMPG) IN THE AMOUNT OF $40,565.36.

A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the acceptance of a grant award from the Texas Division of Emergency Management (TDEM) for the FY2020 Emergency Management Performance Grants (EMPG) in the amount of $40,565.36. All present voted “Aye.” MOTION PASSED.

35673 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR TWO 2 BEDROOM/2 BATH HOUSES AT 500 HARMON HILLS COVE, DRIPPING SPRINGS TX 78620.

A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize On-Site Sewage Facility Permit for two 2 bedroom/2 bath houses at 500 Harmon Hills Cove, Dripping Springs TX 78620. All present voted “Aye.” MOTION PASSED.

35674 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN ANNUAL RENEWAL CONTRACT BETWEEN THE HAYS COUNTY PARKS DEPARTMENT/COUNTYWIDE OPERATIONS AND CHECKFRONT IN THE AMOUNT OF $7,999 FOR THE CONTINUED ACCESS OF THE ONLINE RESERVATION SYSTEM.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the County Judge to execute an annual renewal contract between the Hays County Parks Department/Countywide Operations and Checkfront in the amount of $7,999 for the continued access of the online reservation system. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** SEPTEMBER 29, 2020 35675 AUTHORIZE THE RENEWAL OF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE HAYS COUNTY LOCAL HEALTH DEPARTMENT (LHD) AND THE DEPARTMENT OF STATE HEALTH SERVICES (DSHS) FOR THE TEXAS SYNDROMIC SURVEILLANCE (TXS2).

A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the renewal of a Memorandum of Understanding (MOU) between the Hays County Local Health Department (LHD) and the Department of State Health Services (DSHS) for the Texas Syndromic Surveillance (TXS2). All present voted “Aye.” MOTION PASSED.

35676 AUTHORIZE THE SUBMISSION OF AN INTENT TO APPLY TO THE TEXAS WATER DEVELOPMENT BOARD, FLOOD INFRASTRUCTURE FUND FOR THE ONION CREEK WATERSHED STUDY: FLOODPLAIN AND MAPPING.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the submission of an Intent to Apply to the Texas Water Development Board, Flood Infrastructure Fund for the Onion Creek Watershed Study: Floodplain and Mapping. All present voted “Aye.” MOTION PASSED.

35677 APPROVE UTILITY PERMITS.

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

35678 RATIFY THE PURCHASE OF A $2,966.57 REPLACEMENT WATER HEATER FOR THE JUVENILE DETENTION CENTER AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to ratify the purchase of a $2,966.57 replacement Water Heater for the Juvenile Detention Center and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35679 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR THE AGAVE RESTAURANT AT 3201 FM 3237, WIMBERLEY, TEXAS 78676.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for the Agave Restaurant at 3201 FM 3237, Wimberley, Texas 78676. All present voted “Aye.” MOTION PASSED.

35680 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR 9 - 5000 SQUARE FOOT OFFICE/WAREHOUSE BUILDINGS LOCATED AT 30305 RANCH ROAD 12, DRIPPING SPRINGS, TEXAS 78620.

A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for 9 - 5000 square foot office/warehouse buildings located at 30305 Ranch Road 12, Dripping Springs, Texas 78620. All present voted “Aye.” MOTION PASSED.

35681 AUTHORIZE THE COMMISSIONER PCT. 4 OFFICE TO SUPPORT THE DRIPPING SPRINGS EDUCATION FOUNDATION RELATED TO A MENTAL HEALTH SERVICES INITIATIVE FOR STUDENTS AND FAMILIES WITHIN THE COMMUNITY.

Commissioner Smith stated this initiative will benefit many people. He noted mental health issues are difficult for people to recognize since it is not physically visible. Commissioner Smith stated he would use his community outreach funds for these services. A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize the Commissioner Pct. 4 Office to support the Dripping Springs Education Foundation related to a Mental Health Services Initiative for students and families within the community. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** SEPTEMBER 29, 2020 35682 AUTHORIZE THE COUNTY JUDGE TO SUPPORT THE HOMELESS OUTREACH, MITIGATION, AND EMERGENCY (H.O.M.E.) CENTER OF CENTRAL TEXAS RELATED TO PREVENTION AND EDUCATION TO ADDRESS HOMELESSNESS WITHIN OUR COMMUNITY.

Tegan Debrock, Vice President of H.O.M.E. Center of Central Texas, spoke to the court about homelessness awareness. A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize the County Judge to support the Homeless Outreach, Mitigation, and Emergency (H.O.M.E.) Center of Central Texas related to prevention and education to address homelessness within our community. All present voted “Aye.” MOTION PASSED.

35683 APPROVE REVISIONS TO ELECTION JUDGES AND ALTERNATE JUDGES, EARLY VOTING BALLOT BOARD AND SIGNATURE VERIFICATION APPOINTEES TO SERVE FOR TWO YEAR TERMS.

Commissioner Smith announced the additional names for the appointees. A motion was made by Commissioner Smith, seconded by Commissioner Shell to approve revisions to Election Judges and Alternate Judges, Early Voting Ballot Board and Signature Verification appointees to serve for two-year terms. All present voted “Aye.” MOTION PASSED.

35684 APPROVE THE RELEASE OF THE MAINTENANCE BOND #1045271 IN THE AMOUNT OF $352,823.51 AND ACCEPTANCE OF THE PAVEMENT REPAIRS COMPLETED ON THE ROADS WITHIN CROSSWINDS SUBDIVISION, PHASE 1, SECTION 1.

Commissioner Ingalsbe noted staff recommendation to release the bond and accept the repairs. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve the release of the maintenance bond #1045271 in the amount of $352,823.51 and acceptance of the pavement repairs completed on the roads within Crosswinds subdivision, Phase 1, Section 1. All present voted “Aye.” MOTION PASSED.

35685 APPROVE THE RELEASE OF THE REVEGETATION BOND #58S212707 IN THE AMOUNT OF $74,567.50 FOR CROSSWINDS SUBDIVISION, PHASE 2.

Commissioner Ingalsbe noted staff recommendation for this item. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve the release of the revegetation bond #58S212707 in the amount of $74,567.50 for Crosswinds subdivision, Phase 2. All present voted “Aye.” MOTION PASSED.

35686 ACCEPT THE MAINTENANCE BOND RIDER EXTENSION #1848963 UNTIL DECEMBER 31, 2020 FOR SHADOW CREEK SUBD., PHASE 9, SECTION 2.

Commissioner Jones noted staff recommendation for this item. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to accept the maintenance bond rider extension #1848963 until December 31, 2020 for Shadow Creek Subd., Phase 9, Section 2. All present voted “Aye.” MOTION PASSED.

35687 ACCEPT THE MAINTENANCE BOND RIDER EXTENSION #1060751 UNTIL DECEMBER 31, 2020 FOR SUNFIELD SUBD., PHASE 2, SECTION 11.

Commissioner Jones noted staff approval for the acceptance of this bond. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to accept the maintenance bond rider extension #1060751 until December 31, 2020 for Sunfield Subd., Phase 2, Section 11. All present voted “Aye.” MOTION PASSED.

35688 ACCEPT THE MAINTENANCE BOND RIDER EXTENSION #1060750 UNTIL DECEMBER 31, 2020 FOR SUNFIELD SUBD., PHASE 2, SECTION 8.

Commissioner Jones noted staff approval for the acceptance of this bond. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to accept the maintenance bond rider extension #1060750 until December 31, 2020 for Sunfield Subd., Phase 2, Section 8. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** SEPTEMBER 29, 2020 35689 AUTHORIZE THE COUNTY JUDGE TO EXECUTE SUPPLEMENTAL AGREEMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN HAYS COUNTY AND LOCKWOOD, ANDREWS & NEWMAN, INC. FOR RIGHT OF WAY SERVICES ON THE FM 110 PROJECT IN HAYS COUNTY, INCREASING THE COMPENSATION CAP FROM $178,150.00. TO $188,150.00.

Commissioner Ingalsbe noted the additional cost will cover the completion of this project. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the County Judge to execute Supplemental Agreement No. 3 to the Professional Services Agreement between Hays County and Lockwood, Andrews & Newman, Inc. for Right of Way services on the FM 110 project in Hays County, increasing the Compensation Cap from $178,150.00. to $188,150.00. All present voted “Aye.” MOTION PASSED.

35690 APPROVE THE FINAL PLAT FOR EL MILAGRO, LOT 1 SUBDIVISION; PLN- 1501-NP.

Commissioner Smith noted staff recommendation for this final plat. A motion was made by Commissioner Smith, seconded by Commissioner Shell to approve the final plat for El Milagro, Lot 1 Subdivision; PLN- 1501-NP. All present voted “Aye.” MOTION PASSED.

35691 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN AMENDED CONTRACT WITH PREMIER ER AND URGENT CARE FOR SARS-COV-2 COVID-19 TESTS.

Commissioner Ingalsbe stated this amendment is necessary to include these particular tests that are listed. Tammy Crumley, Director of Countywide Operations, stated these are screening tests for the use of the jail and the juvenile detention facility. These screenings will allow the facilities to free up space at a faster rate. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute an Amended contract with Premier ER and Urgent Care for SARS-CoV-2 COVID-19 tests. All present voted “Aye.” MOTION PASSED.

35692 UPDATE THE 10 YEAR ADMINISTRATIVE VARIANCE TO PLATTING PROCEDURES PROCESS THAT WAS ORIGINALLY IMPLEMENTED JULY 1ST, 1997.

Caitlyn Strickland, Director of Development Services, spoke to the court about the previously approved platting process. At this time the court decided to leave the 10-year cycle in place. A motion was made by Commissioner Smith, seconded by Commissioner Ingalsbe to update the 10 Year Administrative Variance to platting procedures process that was originally implemented July 1st, 1997. All present voted “Aye.” MOTION PASSED.

35693 ACCEPT A $289,075 GRANT AWARD FROM THE CENTER FOR TECHNOLOGY AND CIVIC LIFE (CTCL) FOR THE ELECTIONS ADMINISTRATION OFFICE AND AMEND THE FY21 BUDGET ACCORDINGLY.

Commissioner Smith congratulated the Elections Office on their grant award. A motion was made by Commissioner Smith, seconded by Commissioner Jones to accept a $289,075 grant award from the Center for Technology and Civic Life (CTCL) for the Elections Administration Office and amend the FY21 budget accordingly. All present voted “Aye.” MOTION PASSED.

35694 EXECUTE AMENDMENT NO. 6 WITH WELLPATH, LLC TO ADD ADDITIONAL RN AND ADMINISTRATIVE SERVICES RELATED TO THE HEALTHCARE PROGRAM AT THE JAIL DIVISION; AND AUTHORIZE A DISCRETIONARY EXEMPTION PURSUANT TO LOCAL GOVERNMENT CODE, CH. 262.024(A)(4).

Mark Kennedy, Office of General Counsel, noted the exemptions cover professional services. Commissioner Smith noted the increase was accounted for during the budget discussions for FY2021. A motion was made by Commissioner Jones, seconded by Commissioner Smith to execute Amendment No. 6 with Wellpath, LLC to add additional RN and Administrative services related to the healthcare program at the Jail Division; and authorize a discretionary exemption pursuant to Local Government Code, Ch. 262.024(a)(4). All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** SEPTEMBER 29, 2020 35695 AUTHORIZE THE SHERIFF'S OFFICE TO UTILIZE SALARY SAVINGS TO PAY DOWN VACATION ACCRUALS FOR FOUR CIVILIAN POSITIONS WITHIN THE EMERGENCY COMMUNICATIONS DIVISION.

Captain Mark Cumberland requested the court pay down vacation accrued by four civilian positions. Commissioner Ingalsbe noted this type of request has come up from other offices previously. She suggested extending the vacation time. Commissioner Smith stated he is in support of paying down the vacation with the expectation that this will not be requested again next year. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the Sheriff's Office to utilize salary savings to pay down vacation accruals for four civilian positions within the Emergency Communications Division. All present voted “Aye.” MOTION PASSED.

35696 ADOPT A RESOLUTION DESIGNATING SPECIALIZED PUBLIC FINANCE INC. AS THE SUCCESSOR DISSEMINATION AGENT FOR THE CONTINUING DISCLOSURE AGREEMENTS RELATING TO THE HAYS COUNTY, TEXAS SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2015 (LA CIMA PUBLIC IMPROVEMENT DISTRICT MAJOR PUBLIC IMPROVEMENT PROJECT).

Julie Houston, Bond counsel, spoke regarding the county’s bond options. Commissioner Shell noted this change is paid for by the developer and owners through the PID bond, so there is no cost to the county. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to adopt a resolution designating Specialized Public Finance Inc. as the successor dissemination agent for the continuing disclosure agreements relating to the Hays County, Texas Special Assessment Revenue Bonds, Series 2015 (La Cima Public Improvement District Major Public Improvement Project). All present voted “Aye.” MOTION PASSED.

35697 ADOPT A RESOLUTION APPROVING THE FORM AND AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY LIMITED OFFERING MEMORANDUM FOR HAYS COUNTY, TEXAS SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2020 (LA CIMA PUBLIC IMPROVEMENT DISTRICT NEIGHBORHOOD IMPROVEMENT AREAS #1-2 PROJECT).

Commissioner Shell requested the team ensure the developer has performed as necessary in order to take the next steps. Julie Houston, Bond counsel, stated certificates have been issued stating requirements have been met. She stated she would send that information to Jordan Powell, Office of General Counsel. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to adopt a resolution approving the form and authorizing the distribution of a preliminary limited offering memorandum for Hays County, Texas Special Assessment Revenue Bonds, Series 2020 (La Cima Public Improvement District Neighborhood Improvement Areas #1-2 Project). All present voted “Aye.” MOTION PASSED.

35698 AUTHORIZE THE CONSTABLE PCT. 3 OFFICE TO HIRE ONE TEMPORARY EMPLOYEE ON AN AS NEEDED BASIS FOR ADMINISTRATIVE ASSISTANCE EFFECTIVE OCTOBER 1ST FOR A PERIOD NOT TO EXCEED TWELVE WEEKS.

Interim Constable Don Montague, Precinct 3, requested a temporary employee to cover the Justice Clerk while she is on an extended leave. He stated there is an employee in mind to cover this position. Marisol Villarreal- Alonzo, Auditor, stated this position would be covered by salary savings. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the Constable Pct. 3 Office to hire one temporary employee on an as needed basis for Administrative assistance effective October 1st for a period not to exceed twelve weeks. All present voted “Aye.” MOTION PASSED.

35699 AUTHORIZE THE HAYS COUNTY HEALTH DEPARTMENT TO PROVIDE FLU VACCINES TO COUNTY EMPLOYEES AND THEIR ELIGIBLE DEPENDENTS ENROLLED IN THE COUNTY HEALTH PLAN.

Eric Schneider, Medical Epidemiologist for Hays County Health Department, stated that everyone needs a flu shot as soon as they are available. Commissioner Ingalsbe thanked everyone involved in getting this item on the agenda and getting employees vaccinated. Judge Becerra requested Kim Hilsenbeck, Communications Manager, and Tammy Crumley, Director of Countywide Operations, put together information for the public regarding access to flu shots. Shari Miller, Human Resources Director, stated open enrollment for county employees will be different this year due to COVID-19 and social distancing. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the Hays County Health Department to provide flu vaccines to county employees and their eligible dependents enrolled in the county health plan. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** SEPTEMBER 29, 2020 35700 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A COLLECTIVE BARGAINING AGREEMENT BETWEEN HAYS COUNTY AND HAYS COUNTY LAW ENFORCEMENT AGENCY (HCLEA), THE HAYS COUNTY SHERIFF'S OFFICE, AND ALL HAYS COUNTY CONSTABLES. THE COURT MAY ENTER EXECUTIVE SESSION TO CONSULT WITH COUNSEL ON THIS ITEM.

Mark Kennedy, Office of General Counsel, gave the court an update of the changes that were made. Commissioner Ingalsbe and Commissioner Shell stated they were honored to work on this team. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the County Judge to execute a Collective Bargaining Agreement between Hays County and Hays County Law Enforcement Agency (HCLEA), the Hays County Sheriff's Office, and all Hays County Constables. All present voted “Aye.” MOTION PASSED.

Clerk’s Note: Executive Session began at 9:57 a.m. and resumed back into open court at 10:40 a.m.

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.

35701 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 DEVELOPMENT SERVICES DEPARTMENT. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to ratify the planner slot 1166-001 within the Development Services department to be corrected to a Grade 113 at the 21st percentile effective April 1, 2019. All present voted “Aye.” MOTION PASSED.

Clerk’s Note Agenda Item #42 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 $56,301.00 for the week of September 20 – September 26, 2020. The number of outsourced males were 157 inmates and females were 1 inmate. No action was taken.

Clerk’s Note Agenda Item #42 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY CENSUS PROGRAM INCLUDING UPDATES FROM JESSICA MEJIA. – WAS PULLED.

Clerk’s Note Agenda Item #43 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 #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 11:56 a.m.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** SEPTEMBER 29, 2020 I, ELAINE H. CÁRDENAS, COUNTY CLERK and EXOFFICIO CLERK OF THE COMMISSIONERS’ COURT, do hereby certify that the foregoing contains a true and accurate record of the proceedings had by the Hays County Commissioners’ Court on September 29, 2020.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** OCTOBER 13, 2020

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 13th DAY OF OCTOBER 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:

Chaplain Javier Maldonado of Christus Hospice Central Texas 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 made public comment regarding county finances. Sam Brannon made public comment regarding elections integrity. Mike Lee made public comment in support of law enforcement.

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

Judge Becerra announced the reopening of bars in Hays County at the recommended 50% capacity. He urged citizens to wear face masks in public. Alex Villalobos, Chief of Staff and Emergency Management Coordinator, announced the opening of an additional testing location in Dripping Springs. No action was taken.

35702 ADOPT A PROCLAMATION RECOGNIZING CENTRO CULTURAL HISPANO DE SAN MARCOS 10TH ANNIVERSARY.

Commissioner Shell and Commissioner Ingalsbe thanked the members of Centro Cultural Hispano de San Marcos for their dedication to the community. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to adopt a Proclamation recognizing Centro Cultural Hispano de San Marcos 10th Anniversary. All present voted “Aye.” MOTION PASSED.

UPDATE ON THE OCTOBER MEETING OF THE HILL COUNTRY MENTAL HEALTH DEVELOPMENTAL DISABILITIES BOARD BY CHARLIE CAMPISE.

Charlie Campise gave an update to the court regarding the October meeting of the Hill Country Mental Health Developmental Disabilities Board. He announced that he was re- elected to the board for 2 more years. No action was taken.

35703 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.

35704 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.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** OCTOBER 13, 2020 35705 APPROVE COMMISSIONERS COURT MINUTES OF SEPTEMBER 29, 2020.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve Commissioners Court Minutes of September 29, 2020. All present voted “Aye.” MOTION PASSED.

35706 APPROVE THE PAYMENT OF THE OCTOBER 15, 2020 PAYROLL DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $2,992,000.00 EFFECTIVE OCTOBER 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 October 15, 2020 payroll disbursements in an amount not to exceed $2,992,000.00 effective October 15, 2020 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voted “Aye.” MOTION PASSED.

35707 APPROVE THE REAPPOINTMENT OF JULIA RAMSAY NEW AND MICHAEL FLOREANI FOR EMERGENCY SERVICES DISTRICT #7, TERM ENDING DECEMBER 31, 2022.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve the reappointment of Julia Ramsay New and Michael Floreani for Emergency Services District #7, term ending December 31, 2022. All present voted “Aye.” MOTION PASSED.

35708 AUTHORIZE PAYMENT TO POLLOCK COMPANY IN THE AMOUNT OF $591.70 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 Pollock Company in the amount of $591.70 in which no purchase order was issued as required per County Purchasing Policy. All present voted “Aye.” MOTION PASSED.

35709 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR A DUPLEX LOCATED AT 2320 S OLD STAGECOACH RD, KYLE TX 78640.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize On-Site Sewage Facility Permit for a duplex located at 2320 S Old Stagecoach Rd, Kyle TX 78640. All present voted “Aye.” MOTION PASSED.

35710 APPROVE UTILITY PERMITS.

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

35711 AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE 3RD LETTER AMENDMENT FOR A TIME EXTENSION TO A PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND LOCKWOOD, ANDREWS AND NEWMAN, INC. EXECUTED ON OR ABOUT OCTOBER 31, 2017 FOR RIGHT OF WAY SERVICE FOR DACY LANE, PHASE II FROM AMBERWOOD LOOP TO HILLSIDE TERRACE, ROAD WIDENING AND REALIGNMENT PROJECT.

Commissioner Jones stated this is an extension of time for this project. No additional cost for the extension. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Judge to execute the 3rd Letter Amendment for a time extension to a Professional Services Agreement (PSA) between Hays County and Lockwood, Andrews and Newman, Inc. executed on or about October 31, 2017 for Right of Way Service for Dacy Lane, Phase II from Amberwood Loop to Hillside Terrace, road widening and realignment project. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** OCTOBER 13, 2020 35712 AUTHORIZE THE EXECUTION OF THE FY 2021 GRANT AGREEMENT WITH THE U.S. DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION FOR OVERTIME REIMBURSEMENTS RELATED TO THE SHERIFF'S OFFICE ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCE (OCDETF) AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the execution of the FY 2021 Grant Agreement with the U.S. Department of Justice, Drug Enforcement Administration for overtime reimbursements related to the Sheriff's Office Organized Crime Drug Enforcement Task Force (OCDETF) and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35713 AUTHORIZE THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH TRAVIS COUNTY FOR THE FY 2021 SHERIFF'S COMBINED AUTO THEFT TASK FORCE (SCATTF) GRANT AWARD IN THE AMOUNT OF $72,460.00.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the execution of an interlocal agreement with Travis County for the FY 2021 Sheriff's Combined Auto Theft Task Force (SCATTF) grant award in the amount of $72,460.00. All present voted “Aye.” MOTION PASSED.

35714 AUTHORIZE THE COUNTY JUDGE TO EXECUTE SOCIAL SERVICE AGENCY CONTRACTS AS APPROVED IN THE FY 2021 BUDGET.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute Social Service Agency Contracts as approved in the FY 2021 budget. All present voted “Aye.” MOTION PASSED.

35715 APPROVE THE EXTENSION OF THE CARRY OVER LIMIT OF EMPLOYEE VACATION TIME FOR FY 2020 TO DECEMBER 31, 2020.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to approve the extension of the carry over limit of employee vacation time for FY 2020 to December 31, 2020. All present voted “Aye.” MOTION PASSED.

35716 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A RESOLUTION CERTIFYING THAT THE COUNTY HAS APPROVED A $13,000 GRANT FOR FY 2021 TO COMBINED COMMUNITY ACTION, AN ORGANIZATION THAT PROVIDES HOME DELIVERED MEALS TO HOMEBOUND PERSONS IN THE COUNTY THAT ARE ELDERLY OR HAVE A DISABILITY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the County Judge to execute a resolution certifying that the County has approved a $13,000 grant for FY 2021 to Combined Community Action, an organization that provides home delivered meals to homebound persons in the county that are elderly or have a disability. All present voted “Aye.” MOTION PASSED.

35717 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR A WAREHOUSE WITH TWO SMALL ONE-BEDROOM APARTMENTS LOCATED AT 1020 PIER BRANCH RD, DRIPPING SPRINGS TX 78620.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for a warehouse with two small one-bedroom apartments located at 1020 Pier Branch Rd, Dripping Springs TX 78620. All present voted “Aye.” MOTION PASSED.

35718 ACCEPT A $16,745 CONTRIBUTION ON BEHALF OF THE HAYS COUNTY CHILD PROTECTIVE BOARD (HCCPB) AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to accept a $16,745 contribution on behalf of the Hays County Child Protective Board (HCCPB) and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** OCTOBER 13, 2020 35719 AUTHORIZE THE SUBMISSION OF A COMPLETE APPLICATION TO THE TEXAS WATER DEVELOPMENT BOARD, FLOOD INFRASTRUCTURE FUND FOR THE ONION CREEK WATERSHED STUDY: FLOODPLAIN AND MAPPING.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the submission of a complete application to the Texas Water Development Board, Flood Infrastructure Fund for the Onion Creek Watershed Study: Floodplain and Mapping. All present voted “Aye.” MOTION PASSED.

35720 AUTHORIZE THE EXECUTION OF SUPPLEMENTAL WORK AUTHORIZATIONS WITH HNTB CORPORATION RE-ALLOCATING PREVIOUSLY AUTHORIZED FUNDS FROM ONE PROJECT TO ANOTHER UNDER THE HAYS COUNTY/TXDOT PARTNERSHIP PROGRAM.

A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the execution of Supplemental Work Authorizations with HNTB Corporation re-allocating previously authorized funds from one project to another under the Hays County/TxDOT Partnership Program. All present voted “Aye.” MOTION PASSED.

35721 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR 2 MOBILE HOMES AT 420 RED FOX CT, KYLE, TX 78640.

A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize On-Site Sewage Facility Permit for 2 mobile homes at 420 Red Fox Ct, Kyle, TX 78640. All present voted “Aye.” MOTION PASSED.

35722 AUTHORIZE AN EXTENSION WITH THE UNITED WAY FOR GREATER AUSTIN RELATED TO THE GRANT AWARD 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 an extension with the United Way for Greater Austin related to the grant award for the Central Texas 2020 Get-Out-The-Count Efforts and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35723 APPROVE SPECIFICATIONS FOR IFB 2021-B01 HAYS COUNTY MULTILAYER WELL AND AUTHORIZE PURCHASING TO SOLICIT FOR PROPOSALS AND ADVERTISE.

A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve specifications for IFB 2021-B01 Hays County Multilayer Well and authorize Purchasing to solicit for proposals and advertise. All present voted “Aye.” MOTION PASSED.

35724 APPROVE AN INTERLOCAL AGREEMENT FOR THE TEXAS DEPARTMENT OF TRANSPORTATION TO PERFORM MATERIAL INSPECTION AND TESTING SERVICES AND AUTHORIZE THE COUNTY JUDGE 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 Interlocal Agreement for the Texas Department of Transportation to perform material inspection and testing services and authorize the County Judge to execute the Advance Funding Agreement on behalf of Hays County. All present voted “Aye.” MOTION PASSED.

35725 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN ADVANCE FUNDING COMMITMENT AGREEMENT (AFCA) BETWEEN HAYS COUNTY AND HM PARTEN RANCH DEVELOPMENT, INC. TO FACILITATE THE CONSTRUCTION OF A SEGMENT OF ROADWAY ON KINNIKINIK LOOP IN PRECINCT 4.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** OCTOBER 13, 2020 A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize the County Judge to execute an Advance Funding Commitment Agreement (AFCA) between Hays County and HM Parten Ranch Development, Inc. to facilitate the construction of a segment of roadway on Kinnikinik Loop in Precinct 4. All present voted “Aye.” MOTION PASSED.

35726 APPROVE THE RELEASE OF THE REVEGETATION BOND #PB030168000375 IN THE AMOUNT OF $17,066.00 FOR PARTEN RANCH SUBDIVISION, PHASE 2.

A motion was made by Commissioner Smith, seconded by Commissioner Shell to approve the release of the revegetation bond #PB030168000375 in the amount of $17,066.00 for Parten Ranch subdivision, Phase 2. All present voted “Aye.” MOTION PASSED.

35727 APPROVE A RESOLUTION SUPPORTING A TRANSPORTATION DEVELOPMENT CREDIT APPLICATION TO THE CAPITAL AREA METROPOLITAN PLANNING ORGANIZATION FOR THE KYLE CENTER STREET UNION PACIFIC RAILROAD SIDING RELOCATION PROJECT.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve a resolution supporting a Transportation Development Credit Application to the Capital Area Metropolitan Planning Organization for the Kyle Center Street Union Pacific Railroad Siding Relocation Project. All present voted “Aye.” MOTION PASSED.

35728 CALL FOR A PUBLIC HEARING ON OCTOBER 27TH, 2020 TO DISCUSS APPROVAL OF THE REPLAT OF LOT 7, ROLLING OAKS, SECTION FOUR, SUBDIVISION; PLN-1470-PC.

A motion was made by Commissioner Shell, seconded by Commissioner Smith to call for a Public Hearing on October 27th, 2020 to discuss approval of the Replat of Lot 7, Rolling Oaks, Section Four, Subdivision; PLN-1470-PC. All present voted “Aye.” MOTION PASSED.

35729 ACCEPT AN ADDITIONAL SPENDING PLAN UTILIZING THE CORONAVIRUS RELIEF FUNDS (CRF) FOR COVID-19 RESPONSE AND RECOVERY EFFORTS AND AMEND THE BUDGET ACCORDINGLY.

Vickie Dorsett, Auditor’s office, presented a handout of the spending plan. A motion was made by Commissioner Ingalsbe, seconded by Judge Becerra to accept an additional spending plan utilizing the Coronavirus Relief Funds (CRF) for COVID-19 Response and Recovery efforts and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

Clerk’s Note Agenda Item #31 RE: DISCUSSION AND POSSIBLE ACTION OF THE COUNTY PROCUREMENT PROCESS. – WAS PULLED.

35730 AUTHORIZE THE EXECUTION OF AMENDMENT NO. 1 TO A CONTRACT WITH THE DEPARTMENT OF STATE HEALTH SERVICES (DSHS) FOR THE TUBERCULOSIS PREVENTION AND CONTROL-FEDERAL GRANT PROGRAM (TB/PC-FEDERAL) IN THE AMOUNT OF $22,297.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the execution of Amendment No. 1 to a contract with the Department of State Health Services (DSHS) for the Tuberculosis Prevention and Control-Federal Grant Program (TB/PC-Federal) in the amount of $22,297. All present voted “Aye.” MOTION PASSED.

35731 AUTHORIZE THE EXECUTION OF THE FY21 TEXAS INDIGENT DEFENSE COMMISSION (TIDC) HAYS COUNTY INDIGENT DEFENSE COORDINATOR (IDC) PROGRAM GRANT IN THE AMOUNT OF $51,531 AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the execution of the FY21 Texas Indigent Defense Commission (TIDC) Hays County Indigent Defense Coordinator (IDC) Program grant in the amount of $51,531 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** OCTOBER 13, 2020 Clerk’s Note: Executive Session began at 10:21 a.m. and resumed back into open court at 10:50 a.m.

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 RECOIL. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

No action taken.

Clerk’s Note Agenda Item #35 RE: EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE OR VALUE OF RIGHT OF WAY ALONG PROPOSED FM110 IN PCT 1. POSSIBLE ACTION TO FOLLOW IN OPEN COURT. – WAS PULLED.

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

Judge Becerra announced there is no burn ban at this time.

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 $52,960.00 for the week of October 4 – October 10, 2020. The number of outsourced males was 148 inmates and females were 0 inmates. No action taken.

Clerk’s Note Agenda Item #38 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY CENSUS PROGRAM INCLUDING UPDATES FROM JESSICA MEJIA. – 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 10:51 a.m.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** OCTOBER 20, 2020

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 20th DAY OF OCTOBER 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:

Chaplain Javier Maldonado from Christus Hospice Central Texas 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 made public comment against the Parks bond.

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

Alex Villalobos, Chief of Staff and Emergency Management Coordinator, gave the court an update. Mike Jones, Emergency Services Director, spoke to the court regarding testing locations. Commissioner Ingalsbe inquired about available testing in San Marcos. Tammy Crumley, Countywide Operations, announced positive curative tests are counted as positive tests for the county. Commissioner Smith requested numbers for testing and turnaround time for test results specific to each court member’s area. No action was taken.

35732 ADOPT A PROCLAMATION DECLARING OCTOBER 30, 2020 AS WEATHERIZATION DAY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to adopt a Proclamation declaring October 30, 2020 as Weatherization Day. All present voted “Aye.” MOTION PASSED.

PRESENTATION BY SUSAN DAWSON WITH AUSTIN AREA RESEARCH ORGANIZATION (AARO) REGARDING HAYS COUNTY BREAST CANCER INITIATIVE.

Susan Dawson, Dr. Denise Smart, Daniel Guerrero, and Dr. Rosina Valle presented to the court regarding the breast cancer initiative for Hays County. They requested the court members champion this initiative to bring better health care to the county. Judge Becerra, Commissioner Ingalsbe and Commissioner Shell stated they are supportive of this initiative. No action was taken.

35733 APPROVE PAYMENTS OF COUNTY INVOICES.

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

35734 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** OCTOBER 20, 2020 35735 APPROVE COMMISSIONERS COURT MINUTES OF OCTOBER 13, 2020.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to approve Commissioners Court Minutes of October 13, 2020. All present voted “Aye.” MOTION PASSED.

35736 AUTHORIZE THE EXECUTION OF AMENDMENT NO. 2 TO THE GENERAL LAND OFFICE (GLO) CONTRACT NO. 18-421-000-B130 COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY PROGRAM HOUSING PROJECTS NON-RESEARCH & DEVELOPMENT 2015 FLOOD ALLOCATION.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the execution of Amendment No. 2 to the General Land Office (GLO) Contract No. 18-421-000-B130 Community Development Block Grant Disaster Recovery Program Housing Projects Non-Research & Development 2015 Flood Allocation. All present voted “Aye.” MOTION PASSED.

35737 APPROVE AMENDMENT TO THE HAYS COUNTY PURCHASING POLICY, SECTION 4.5-CATEGORY 5, TO FORMALIZE FEDERAL REQUIREMENTS 2 CFR 200 ARE INCLUDED IN ALL FORMAL SOLICITATIONS.

Marisol Villarreal-Alonzo, Auditor, announced this item is a policy change to include CFRs documentation in any contracts the county enters where federal dollars are involved. Mark Kennedy, General Counsel, gave details regarding the Purchasing Policy. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to approve amendment to the Hays County Purchasing Policy, Section 4.5-Category 5, to formalize Federal Requirements 2 CFR 200 are included in all formal solicitations. All present voted “Aye.” MOTION PASSED.

35738 AUTHORIZE THE EXECUTION OF A QUOTE WITH AXON ENTERPRISES, INC. RELATED TO THE SHERIFF'S OFFICE IN-CAR & BODY-WORN CAMERA PROGRAM FOR ADDITIONAL EQUIPMENT APPROVED IN THE FY 2021 BUDGET.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the execution of a Quote with Axon Enterprises, Inc. related to the Sheriff's Office In-Car & Body-Worn Camera Program for additional equipment approved in the FY 2021 Budget. Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, and Commissioner Smith voted “Aye.” MOTION PASSED. Judge Becerra voted “No.” MOTION PASSED.

35739 APPROVE THE REAPPOINTMENT OF WALT SMITH TO THE BOARD OF DIRECTORS OF THE WEST TRAVIS COUNTY PUBLIC UTILITY AGENCY (THE “WTCPUA”), TERM ENDING SEPTEMBER 30, 2024.

Commissioner Smith announced he appreciates the ability to serve on the board. A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve the reappointment of Walt Smith to the Board of Directors of the West Travis County Public Utility Agency (the “WTCPUA”), term ending September 30, 2024. Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, and Commissioner Smith voted “Aye.” MOTION PASSED. Judge Becerra voted “No.” MOTION PASSED.

Clerk’s Note Agenda Item #11 RE: AUTHORIZE THE JUVENILE DETENTION CENTER TO PURCHASE A REPLACEMENT 130KW GENERATOR WITH TRANSFER SWITCH AND AMEND THE BUDGET ACCORDINGLY. – WAS PULLED.

35740 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN HAYS COUNTY AND BINKLEY & BARFIELD, INC TO PERFORM UTILITY COORDINATION FOR THE WINDY HILL ROAD RECONSTRUCTION PROJECT AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Jones gave the court on update on this project. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Professional Services Agreement between Hays County and Binkley & Barfield, Inc. to perform Utility Coordination for the Windy Hill Road reconstruction project and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** OCTOBER 20, 2020 35741 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN HAYS COUNTY AND COBB FENDLEY, INC TO PERFORM ROW ACQUISITION SERVICES FOR THE WINDY HILL ROAD RECONSTRUCTION PROJECT; AUTHORIZE A DISCRETIONARY EXEMPTION PURSUANT TO TEXAS LOCAL GOVERNMENT CODE 262.024(A)(4).

Commissioner Jones noted this project will include improvements due to growth in the area. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Professional Services Agreement between Hays County and Cobb Fendley, Inc to perform ROW Acquisition Services for the Windy Hill Road reconstruction project; authorize a discretionary exemption pursuant to Texas Local Government Code 262.024(a)(4). All present voted “Aye.” MOTION PASSED.

35742 AUTHORIZE THE EXECUTION OF SUPPLEMENTAL AGREEMENT NO. 7 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN HAYS COUNTY AND HNTB CORPORATION FOR THE PASS-THROUGH FINANCE PROGRAM MANAGEMENT EFFORT IN HAYS COUNTY, INCREASING THE COMPENSATION CAP BY $100,000.00 FROM $7,615,500.00 TO $7,715,500.00 AND EXTENDING THE TERMINATION DATE OF THE CONTRACT TO SEPTEMBER 30, 2021; AUTHORIZE A DISCRETIONARY EXEMPTION PURSUANT TO TEXAS LOCAL GOVERNMENT CODE SECTION 262.024(A)(4).

Commissioner Jones stated this item is an extension on the contract. Mike Weaver, HNTB, noted this is a one- year renewal to wrap up the project. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the execution of Supplemental Agreement No. 7 to the Professional Services Agreement between Hays County and HNTB Corporation for the Pass-Through Finance Program Management effort in Hays County, increasing the Compensation Cap by $100,000.00 from $7,615,500.00 to $7,715,500.00 and extending the termination date of the contract to September 30, 2021; authorize a discretionary exemption pursuant to Texas Local Government Code Section 262.024(a)(4). All present voted “Aye.” MOTION PASSED.

35743 AUTHORIZE THE EXECUTION OF SUPPLEMENTAL NO. 7 TO A PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND HNTB CORPORATION FOR $520,000.00 TO CONTINUE PROVIDING GENERAL ENGINEERING CONSULTANT (GEC)/PROGRAM MANAGEMENT SERVICES FOR THE HAYS COUNTY/TXDOT PARTNERSHIP PROGRAM PROJECTS; AUTHORIZE A DISCRETIONARY 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 execution of Supplemental No. 7 to a Professional Services Agreement (PSA) between Hays County and HNTB Corporation for $520,000.00 to continue providing General Engineering Consultant (GEC)/Program Management services for the Hays County/TxDOT Partnership Program projects; authorize a discretionary exemption pursuant to Texas Local Government Code Section 262.024(a)(4). All present voted “Aye.” MOTION PASSED.

35744 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN HAYS COUNTY AND LJA ENGINEERING, INC. TO PROVIDE RIGHT-OF-WAY ACQUISITION SERVICES FOR DARDEN HILL/SAWYER RANCH ROAD INTERSECTION ROUND-ABOUT PROJECT IN PRECINCT 4 AS PART OF THE ROAD BOND PROGRAM; AUTHORIZE A DISCRETIONARY EXEMPTION PURSUANT TO TEXAS LOCAL GOVERNMENT CODE SECTION 262.024(A)(4) AND AMEND THE BUDGET ACCORDINGLY.

Dan Lyon made public comment regarding transparency for this process. Mark Kennedy, General Counsel, explained the selection process. Judge Becerra announced he would like to have a procurement workshop for the public added to the agenda for an upcoming Commissioners Court meeting. Mark Kennedy, General Counsel, recommended that the court submit questions to the staff members that deal with the procurement process prior to the meeting, so that the staff members involved can prepare and provide a presentation. Marisol Villarreal-Alonzo, Auditor, requested the court limit the scope for the procurement workshop.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** OCTOBER 20, 2020 A motion was made by Commissioner Smith, seconded by Commissioner Jones to authorize the County Judge to execute a Professional Services Agreement between Hays County and LJA Engineering, Inc. to provide Right-of-Way Acquisition services for Darden Hill/Sawyer Ranch Road Intersection Round- About project in Precinct 4 as part of the Road Bond Program; authorize a discretionary exemption pursuant to Texas Local Government Code Section 262.024(a)(4) and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35745 APPROVE AN ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS (SH 21 AT FM 1966) WITH NO REQUIRED MATCH ON-SYSTEM AND AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE ADVANCE FUNDING AGREEMENT ON BEHALF OF HAYS COUNTY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve an Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects (SH 21 at FM 1966) with No Required Match On-System and authorize the County Judge to execute the Advance Funding Agreement on behalf of Hays County. All present voted “Aye.” MOTION PASSED.

35746 AWARD CONTRACT FOR IFB 2020-B15 RM 150 CENTER TURN LANE GAP PROJECT TO COX COMMERCIAL CONSTRUCTION.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to award contract for IFB 2020-B15 RM 150 Center Turn Lane Gap Project to Cox Commercial Construction. All present voted “Aye.” MOTION PASSED.

35747 APPROVE CHANGES TO THE FY 2021 HEALTHCARE PLAN AS RECOMMENDED BY THE INSURANCE COMMITTEE.

Shari Miller, Director of Human Resources, explained the changes to insurance coverage for Hays County employees. Aaron Pratt, Frost Insurance, and Scott Yarbrough, Yarbrough Agency, both benefit consultants for Hays County were present to address any questions or concerns by the court. Judge Becerra raised some concerns regarding the removal of medications from the insurances’ approved list. Commissioner Ingalsbe thanked Mercedes Hinojosa, Benefits specialist, for her work with the county employees. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve changes to the FY 2021 healthcare plan as recommended by the Insurance Committee. All present voted “Aye.” MOTION PASSED.

35748 AUTHORIZE BECKWITH ELECTRONIC SYSTEMS, LLC TO REPLACE THE 3-SERIES CONTROL SYSTEM FOR GOVERNMENT CENTER COURTROOM #1 AND ALLOW A DISCRETIONARY EXEMPTION PURSUANT TO TEXAS LOCAL GOVERNMENT CODE 262.024A (7)(D) AND AMEND THE BUDGET ACCORDINGLY.

Tammy Crumley, Countywide Operations, stated this piece of equipment controls the microphones and tablets for the court room. The system needs to be repaired as the court rooms will be in use. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize Beckwith Electronic Systems, LLC to replace the 3-Series Control System for Government Center courtroom #1 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.

Clerk’s Note: Judge Becerra called for a break that began at 11:01 a.m. and resumed back into open court at 11:09 a.m.

35749 EXECUTE A CONTRACT WITH THE COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT (CSCD) RELATED TO THE HAYS COUNTY PRETRIAL BOND PROGRAM.

Lisa Pacheco, Deputy Director of Adult Probation, and Chief Hartman, Director of Caldwell, Comal, and Hays Counties CSCD, spoke to the court. This item will formalize an agreement for a third pretrial bond officer. This is a recommendation put forth by the subcommittee via the Hays County Criminal Justice Commission. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to execute a contract with the Community Supervision and Corrections Department (CSCD) related to the Hays County Pretrial Bond Program. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** OCTOBER 20, 2020 35750 EXECUTE AN INTERLOCAL PURCHASING AGREEMENT BETWEEN HAYS COUNTY AND THE CITY OF SAN MARCOS RELATED TO COOPERATIVE PURCHASING AS AUTHORIZED PER TEXAS LOCAL GOVERNMENT CODE SUBCHAPTER F, CH. 271.

Mark Kennedy, General Counsel, stated this agreement will allow the City of San Marcos and county to use each other’s procurement activities to create a localized cooperative program. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to execute an Interlocal Purchasing Agreement between Hays County and the City of San Marcos related to Cooperative Purchasing as authorized per Texas Local Government Code Subchapter F, Ch. 271. All present voted “Aye.” MOTION PASSED.

35751 ADOPT AN ORDER AUTHORIZING THE ISSUANCE OF THE “HAYS COUNTY, TEXAS, SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2020 (LA CIMA PUBLIC IMPROVEMENT DISTRICT NEIGHBORHOOD IMPROVEMENT AREAS #1-2 PROJECT)”; APPROVING AND AUTHORIZING AN INDENTURE OF TRUST, A BOND PURCHASE AGREEMENT, A LIMITED OFFERING MEMORANDUM, A CONTINUING DISCLOSURE AGREEMENT, AN AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN, AND OTHER DOCUMENTS IN CONNECTION THEREWITH; MAKING FINDINGS WITH RESPECT TO THE ISSUANCE OF THE BONDS; AND PROVIDING AN EFFECTIVE DATE.

Dan Wegmiller, Specialized Public Finance Inc. and Financial Advisory for Hays County spoke to the court regarding recently sold bonds. Julie Houston, Bond counsel, submitted a presentation for backup materials. Commissioner Shell announced Mark Kennedy, General Counsel, has recused himself from this item. A motion was made by Commissioner Shell, seconded by Commissioner Jones to adopt an order authorizing the issuance of the “Hays County, Texas, Special Assessment Revenue Bonds, Series 2020 (La Cima Public Improvement District Neighborhood Improvement Areas #1-2 Project)”; approving and authorizing an indenture of trust, a bond purchase agreement, a limited offering memorandum, a continuing disclosure agreement, an amended and restated service and assessment plan, and other documents in connection therewith; making findings with respect to the issuance of the Bonds; and providing an effective date. All present voted “Aye.” MOTION PASSED.

Clerk’s Note: Executive Session began at 11:15 a.m. and resumed back into open court at 12:13 a.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 INVESTIGATIONS DIVISION OF THE HAYS COUNTY CRIMINAL DISTRICT ATTORNEY'S OFFICE. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

No action was taken.

Clerk’s Note Agenda Item #25 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.

35752 AUTHORIZE A BURN BAN AND/OR DISASTER DECLARATION.

Nathan Mendenhall, Fire Marshall, recommended a burn ban due to dry conditions in the area. He noted there are some allowances where a burn can take place with a permit through the Fire Department. A motion was made by Judge Becerra, seconded by Commissioner Ingalsbe to authorize a burn ban as recommended by the Fire Marshall. All present voted “Aye.” MOTION PASSED.

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 $50,475 for the week of October 11 – October 17, 2020. The number of outsourced males was 141 inmates and females were 0 inmates. No action taken.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** OCTOBER 20, 2020 Clerk’s Note Agenda Item #28 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY CENSUS PROGRAM INCLUDING UPDATES FROM JESSICA MEJIA. – WAS PULLED.

Clerk’s Note Agenda Item #29 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 #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 Judge Becerra, seconded by Commissioner Jones to adjourn court at 12:20 p.m.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** OCTOBER 27, 2020

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 27th DAY OF OCTOBER 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:

PUBLIC COMMENTS

Dan Lyon made a public comment regarding Feral Hogs program, GSMP (Greater San Marcos Partnership) and disbursements. Jordan Buckley made a public comment regarding criminal justice. Samantha Benavides made a public comment regarding cite and divert. Joel Triplett made a public comment against the Rolling Oaks, Lot 7, Section 4 replat.

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

Alex Villalobos, Chief of Staff and Emergency Management Coordinator, gave an update on COVID-19 tests. Tammy Crumley, Director of Countywide Operations, stated a new Epidemiologist has been hired under a grant to maintain the workload. No action was taken.

RECOGNITION OF ORGANIZERS AND VOLUNTEERS FOR THE COUNTYWIDE LAW ENFORCEMENT AND COMMUNITY BARBECUE EVENTS HELD IN AUGUST OF 2020.

Commissioner Jones gave thanks all who helped. Constable Peterson stated the event turned out well. Judge Becerra mentioned he too participated in a food giveaway that had several participants. Alex Villalobos spoke on the food distributions and the assistance from the public safety responders. Commissioner Smith thanked the City of Dripping Springs for the use of Ranch Park. No action was taken.

35753 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.

35754 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.

35755 APPROVE COMMISSIONERS COURT MINUTES OF OCTOBER 20, 2020.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve Commissioners Court Minutes of October 20, 2020. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** OCTOBER 27, 2020 35756 APPROVE THE PAYMENT OF THE OCTOBER 31, 2020 PAYROLL DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $3,930,000.00 EFFECTIVE OCTOBER 30, 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 October 31, 2020 payroll disbursements in an amount not to exceed $3,930,000.00 effective October 30, 2020 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voted “Aye.” MOTION PASSED.

35757 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR TWO MOBILE HOMES LOCATED AT 3075 FM 2001, BUDA TEXAS 78610.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize On-Site Sewage Facility Permit for two mobile homes located at 3075 FM 2001, Buda Texas 78610. All present voted “Aye.” MOTION PASSED.

35758 AUTHORIZE THE JUSTICE OF THE PEACE PRECINCT 3 OFFICE TO INSTALL A SECURITY ACCESS POINT FOR COURTROOM ENTRANCE UTILIZING THE JUSTICE COURT TECHNOLOGY FUND AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the Justice of the Peace Precinct 3 Office to install a security access point for Courtroom entrance utilizing the Justice Court Technology Fund and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35759 AUTHORIZE THE ACCEPTANCE OF A GRANT AWARD FROM THE OFFICE OF THE GOVERNOR, HOMELAND SECURITY GRANTS DIVISION (HSGD) FOR THE HAYS COUNTY HAZMAT TEAM MONITOR MAINTENANCE IN THE AMOUNT OF $20,000 AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the acceptance of a grant award from the Office of the Governor, Homeland Security Grants Division (HSGD) for the Hays County HazMat Team Monitor Maintenance in the amount of $20,000 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35760 AUTHORIZE THE ACCEPTANCE OF A GRANT AWARD FROM THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION (CJD) FOR THE VICTIM ASSISTANCE FOR THE FAMILY JUSTICE CENTER IN THE AMOUNT OF $45,534 AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the acceptance of a grant award from the Office of the Governor, Criminal Justice Division (CJD) for the Victim Assistance for the Family Justice Center in the amount of $45,534 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

Clerk’s Note Agenda Item #11 RE: RATIFY THE PURCHASE OF FIVE (5) GLOCK 17 9MM HANDGUNS WITH ACCESSORIES FOR THE SHERIFF'S OFFICE LAW ENFORCEMENT DIVISION. – WAS PULLED.

35761 APPROVE SPECIFICATIONS FOR IFB 2021-B02 DACY LANE ROAD IMPROVEMENTS AND AUTHORIZE PURCHASING TO SOLICIT FOR PROPOSALS AND ADVERTISE.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve specifications for IFB 2021-B02 Dacy Lane Road Improvements and authorize Purchasing to solicit for proposals and advertise. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** OCTOBER 27, 2020 35762 CALL FOR A PUBLIC HEARING ON NOVEMBER 10, 2020 TO ESTABLISH A "NO PARKING" ZONE ON GARRISON ROAD JUST OUTSIDE OF THE CITY OF BUDA LIMITS.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to call for a public hearing on November 10, 2020 to establish a "No Parking" zone on Garrison Road just outside of the City of Buda limits. All present voted “Aye.” MOTION PASSED.

35763 CALL FOR A PUBLIC HEARING ON NOVEMBER 10, 2020 TO ESTABLISH "YIELD" SIGNS ON THE FOUR LEGS OF A ROUNDABOUT AT THE INTERSECTION OF MESA VERDE DRIVE AND PRESCOTT DRIVE IN BELTERRA SUBDIVISION.

A motion was made by Commissioner Smith, seconded by Commissioner Shell to call for a public hearing on November 10, 2020 to establish "Yield" signs on the four legs of a roundabout at the intersection of Mesa Verde Drive and Prescott Drive in Belterra subdivision. All present voted “Aye.” MOTION PASSED.

35764 CALL FOR A PUBLIC HEARING ON NOVEMBER 17TH, 2020 TO DISCUSS FINAL PLAT APPROVAL OF THE REPLAT OF LOT 35, LEA ACRES SUBDIVISION; PLN-1398-PC.

A motion was made by Commissioner Shell, seconded by Commissioner Smith to call for a Public Hearing on November 17th, 2020 to discuss final plat approval of the Replat of Lot 35, Lea Acres Subdivision; PLN-1398-PC. All present voted “Aye.” MOTION PASSED.

35765 APPROVE THE FINAL PLAT OF THE REPLAT OF LOT 7, ROLLING OAKS, SECTION FOUR SUBDIVISION; PLN-1470-PC.

Judge Becerra opened the public hearing at 9:42a.m. and closed the public hearing at 9:55a.m. Maxie Joel Triplett Jr. spoke on this matter. Caitlyn Strickland, Development Services, spoke on the timeline of the outgoing notice for the public hearing as well as statutory timelines. John Thompson spoke on behalf of the owners, Lindsey and Adam Pierce, and the delay that is common with certified mail. Commissioner Shell spoke regarding the timeline for which this process falls under. Judge Becerra requested both uncertified and certified mail notices be sent to citizens moving forward. A motion was made by Commissioner Shell, seconded by Commissioner Smith to approve the final plat of the Replat of Lot 7, Rolling Oaks, Section Four Subdivision; PLN-1470-PC. All present voted “Aye.” MOTION PASSED.

35766 APPROVE A FUNDING AGREEMENT TO ASSIST INDEPENDENT SCHOOL DISTRICTS WITHIN HAYS COUNTY RELATED TO COVID-19 RESPONSE AND RECOVERY EFFORTS.

Mike Jones, Emergency Services Director, spoke to the court regarding the additional funding. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve a Funding Agreement to assist Independent School Districts within Hays County related to COVID-19 response and recovery efforts. All present voted “Aye.” MOTION PASSED.

35767 AUTHORIZE THE TRANSPORTATION DEPARTMENT TO HIRE THE CONSTRUCTION INSPECTOR, SLOT 1045-003 AT THE 25TH PERCENTILE EFFECTIVE NOVEMBER 2, 2020.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the Transportation Department to hire the Construction Inspector, slot 1045-003 at the 25th percentile effective November 2, 2020. All present voted “Aye.” MOTION PASSED.

Clerk’s Note: Executive Session began at 11:15 a.m. and resumed back into open court at 12:13 a.m.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** OCTOBER 27, 2020 35768 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 RECOIL. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to accept and implement the ECAP Phase II proposal submitted to the Hays County Commissioners Court by the EXAP Awards Committee. Additional comments were added: Effective as soon as a committee can be implemented, request that staff ensure agreement by City of Kyle, request that Chamber of Commerce be engaged in a renewed informational campaign and these Phase II recommendations should be incorporated into the current ECAP Policy, which will remain in effect to the extent it is not contradicted by these changes. All present voted “Aye.” MOTION PASSED.

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

Judge Becerra announced the burn ban will remain in place. No action was taken.

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 $50,475 for the week of October 18 – October 25, 2020. The number of outsourced males was 141 inmates and females were 0 inmates. No action taken.

Clerk’s Note Agenda Item #23 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 11:01 a.m.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** NOVEMBER 10, 2020

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 10th DAY OF NOVEMBER 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:

Pastor Josh Murillo of the San Marcos Seventh-day Adventist Church gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order.

PUBLIC COMMENTS

Dan Lyon made public comments. Casey Cutler made a public comment regarding the Conservation Plan for Driftwood. Brittney Castano made a public comment.

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

Tammy Crumley, Director of Countywide Operations, gave the court an update on the current number of COVID-19 cases. No action was taken.

35769 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.

35770 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS.

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

35771 APPROVE COMMISSIONERS COURT MINUTES OF OCTOBER 27, 2020.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve Commissioners Court Minutes of October 27, 2020. All present voted “Aye.” MOTION PASSED.

35772 APPROVE THE PAYMENT OF THE NOVEMBER 15, 2020 PAYROLL DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $2,980,000.00 EFFECTIVE NOVEMBER 13, 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 Shell to approve the payment of the November 15, 2020 payroll disbursements in an amount not to exceed $2,980,000.00 effective November 13, 2020 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** NOVEMBER 10, 2020 35773 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR A PUTT PUTT GOLF COURSE LOCATED AT 2770 W HWY 290, DRIPPING SPRINGS, TEXAS 78620.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for a Putt Putt Golf Course located at 2770 W Hwy 290, Dripping Springs, Texas 78620. All present voted “Aye.” MOTION PASSED.

35774 RATIFY THE PURCHASE OF FIVE (5) GLOCK 17 9MM HANDGUNS WITH ACCESSORIES FOR THE SHERIFF'S OFFICE LAW ENFORCEMENT DIVISION.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to ratify the purchase of five (5) Glock 17 9mm Handguns with accessories for the Sheriff's Office Law Enforcement Division. All present voted “Aye.” MOTION PASSED.

35775 APPROVE OUT OF STATE TRAVEL FOR DEPUTY JUSTIN RODGERS AND DEPUTY TRAVIS MCREE, TO ATTEND THE LAW ENFORCEMENT TOTAL BREACHING COURSE ON JUNE 11-18, 2021 IN BYHALIA, MS.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve out of state travel for Deputy Justin Rodgers and Deputy Travis McRee, to attend the Law Enforcement Total Breaching Course on June 11-18, 2021 in Byhalia, MS. All present voted “Aye.” MOTION PASSED.

35776 APPROVE OUT OF STATE TRAVEL FOR DEPUTY PAUL MOONEY TO ATTEND THE INTERMEDIATE EXPLOSIVE BREACHING COURSE ON MARCH 22-26, 2021 IN BYHALIA, MS.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve out of state travel for Deputy Paul Mooney to attend the Intermediate Explosive Breaching Course on March 22-26, 2021 in Byhalia, MS. All present voted “Aye.” MOTION PASSED.

35777 AUTHORIZE ON-SITE SEWAGE FACILITY PERMITS FOR MASTER UNITS 1, 4, 5, 6, & 7 LOCATED AT 14500 FM 1826, AUSTIN, TEXAS 78737.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize On-Site Sewage Facility Permits for Master Units 1, 4, 5, 6, & 7 located at 14500 FM 1826, Austin, Texas 78737. All present voted “Aye.” MOTION PASSED.

35778 AUTHORIZE ON-SITE SEWAGE FACILITY PERMITS FOR MASTER UNIT 2 LOCATED AT 14500 FM 1826, AUSTIN, TEXAS 78737.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize On-Site Sewage Facility Permits for Master Unit 2 located at 14500 FM 1826, Austin, Texas 78737. All present voted “Aye.” MOTION PASSED.

35779 AUTHORIZE ON-SITE SEWAGE FACILITY PERMITS FOR MASTER UNIT 3 LOCATED AT 14500 FM 1826, AUSTIN, TEXAS 78737.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize On-Site Sewage Facility Permits for Master Unit 3 located at 14500 FM 1826, Austin, Texas 78737. All present voted “Aye.” MOTION PASSED.

35780 AUTHORIZE THE EXECUTION OF AN ENGAGEMENT LETTER WITH ABIP, PC FOR SERVICES RELATED TO THE FISCAL YEAR 2020 HAYS COUNTY ANNUAL FINANCIAL AUDIT.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the execution of an Engagement Letter with ABIP, PC for services related to the Fiscal Year 2020 Hays County Annual Financial Audit. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** NOVEMBER 10, 2020 35781 APPROVE UTILITY PERMITS.

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

35782 AUTHORIZE THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH THE TEXAS A&M AGRILIFE EXTENSION SERVICE FOR THE FERAL HOG ABATEMENT PROGRAM IN THE AMOUNT OF $7,500 AND AMEND THE BUDGET ACCORDINGLY.

Dan Lyon made a public comment. Judge Becerra requested a presentation be given for this item before the end of the year. A motion was made by Commissioner Jones, seconded by Commissioner Smith to authorize the execution of an Interlocal Agreement with the Texas A&M AgriLife Extension Service for the Feral Hog Abatement Program in the amount of $7,500 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35783 AUTHORIZE PAYMENT OF $8,340 TO DRONE SENSE FOR A SOFTWARE LICENSE SUBSCRIPTION RENEWAL FOR THE UAV PROGRAM WHERE NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER THE COUNTY PURCHASING POLICY.

A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize payment of $8,340 to Drone Sense for a Software License Subscription Renewal for the UAV program where no purchase order was issued as required per the County Purchasing Policy. All present voted “Aye.” MOTION PASSED.

35784 AUTHORIZE THE ACCEPTANCE OF A GRANT AWARD FROM THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION (CJD) FOR THE VOLUNTEER VETERANS AT SCHOOLS IN THE AMOUNT OF $25,932 AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize the acceptance of a grant award from the Office of the Governor, Criminal Justice Division (CJD) for the Volunteer Veterans at Schools in the amount of $25,932 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35785 APPROVE THE REAPPOINTMENT OF JENNIFER RODRIGUEZ, BRADLEY RUOFF AND ROBERT AVERA TO THE BOARD OF HAYS COUNTY EMERGENCY SERVICES DISTRICT #6, TERM ENDING DECEMBER 31, 2022.

Commissioner Smith thanked the board members for their service. A motion was made by Commissioner Smith, seconded by Commissioner Shell to approve the reappointment of Jennifer Rodriguez, Bradley Ruoff and Robert Avera to the board of Hays County Emergency Services District #6, term ending December 31, 2022. All present voted “Aye.” MOTION PASSED.

35786 APPROVE RENEWAL OF IFB 2019-B03 ROAD BUILDING MATERIALS - HOT MIX WITH CENTURY ASPHALT, LTD., TEXAS MATERIALS GROUP, AND COLORADO MATERIALS, LTD. FOR ONE (1) ADDITIONAL YEAR AS STATED IN THE ORIGINAL BID, EFFECTIVE OCTOBER 29, 2020.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to approve renewal of IFB 2019-B03 Road Building Materials - Hot Mix with Century Asphalt, Ltd., Texas Materials Group, and Colorado Materials, Ltd. for one (1) additional year as stated in the original bid, effective October 29, 2020. All present voted “Aye.” MOTION PASSED.

35787 APPROVE RENEWAL OF IFB 2019-B08 EMULSIONS OILS WITH ERGON ASPHALT & EMULSIONS, INC. FOR ONE (1) ADDITIONAL YEAR AS STATED IN THE ORIGINAL BID, EFFECTIVE OCTOBER 29, 2020.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to approve renewal of IFB 2019-B08 Emulsions Oils with Ergon Asphalt & Emulsions, Inc. for one (1) additional year as stated in the original bid, effective October 29, 2020. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** NOVEMBER 10, 2020 35788 AUTHORIZE THE JUVENILE DETENTION CENTER TO PURCHASE A $3,491.60 REPLACEMENT 6 GALLON COMPACT BOOSTER WATER HEATER AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the Juvenile Detention Center to purchase a $3,491.60 replacement 6 Gallon Compact Booster Water Heater and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35789 AUTHORIZE THE COUNTY JUDGE TO EXECUTE GENERAL AND NO LITIGATION CERTIFICATES OF HAYS COUNTY RELATED TO THE ISSUANCE OF BONDS BY CAPITAL AREA HOUSING FINANCE CORPORATION FOR REDWOOD APARTMENTS AND LEGACY SENIOR RESIDENCES II.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the County Judge to execute General and No Litigation Certificates of Hays County related to the issuance of bonds by Capital Area Housing Finance Corporation for Redwood Apartments and Legacy Senior Residences II. All present voted “Aye.” MOTION PASSED.

35790 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A FIRST AMENDMENT TO THE PADILLA CONSULTATION AGREEMENT BETWEEN HAYS COUNTY AND MYPADILLA.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the County Judge to execute a First Amendment to the Padilla Consultation Agreement between Hays County and myPadilla. All present voted “Aye.” MOTION PASSED.

35791 APPROVE RENEWAL OF IFB 2019-B04 ROAD BUILDING MATERIALS - COLD MIX WITH VULCAN CONSTRUCTION MATERIALS, LLC. AND COLORADO MATERIALS, LTD. FOR ONE (1) ADDITIONAL YEAR AS STATED IN THE ORIGINAL BID, EFFECTIVE OCTOBER 29, 2020.

A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve renewal of IFB 2019-B04 Road Building Materials - Cold Mix with Vulcan Construction Materials, LLC. and Colorado Materials, Ltd. for one (1) additional year as stated in the original bid, effective October 29, 2020. All present voted “Aye.” MOTION PASSED.

35792 APPROVE THE CANCELLATION OF THE HAYS COUNTY COMMISSIONERS COURT ON DECEMBER 15, 2020.

A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve the cancellation of the Hays County Commissioners Court on December 15, 2020. All present voted “Aye.” MOTION PASSED.

35793 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A $16,782.25 PROPOSAL WITH CONFERENCE TECHNOLOGIES, INC. RELATED TO THE ELECTRONIC DOCKET X6 SYSTEM FOR THE DISTRICT COURTS AS APPROVED IN THE FY21 BUDGET PROCESS.

A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the County Judge to execute a $16,782.25 Proposal with Conference Technologies, Inc. related to the Electronic Docket x6 System for the District Courts as approved in the FY21 budget process. All present voted “Aye.” MOTION PASSED.

35794 APPROVE RENEWAL OF IFB 2020-B02 HAULING SOLID WASTE WITH CENTRAL WASTE & RECYCLING AND TEXAS DISPOSAL SYSTEMS FOR ONE (1) ADDITIONAL YEAR AS STATED IN THE ORIGINAL BID, EFFECTIVE NOVEMBER 5, 2020.

A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve renewal of IFB 2020-B02 Hauling Solid Waste with Central Waste & Recycling and Texas Disposal Systems for one (1) additional year as stated in the original bid, effective November 5, 2020. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** NOVEMBER 10, 2020 35795 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AMENDMENT #2 TO THE CONTRACT BETWEEN HAYS COUNTY AND HNTB CORPORATION TO CONTINUE PROVIDING GENERAL ENGINEERING CONSULTANT (GEC)/PROGRAM MANAGEMENT SERVICES FOR THE HAYS COUNTY 2016 ROAD BOND PROGRAM PROJECTS; AUTHORIZE A DISCRETIONARY EXEMPTION PURSUANT TO TEXAS LOCAL GOVERNMENT CODE SECTION 262.024(A)(4).

Dan Lyon made public comments regarding Commissioner Shell. Commissioner Ingalsbe requested more information on the agenda item. Marisol Villarreal-Alonzo, Auditor, explained the discretionary exemption. Mark Kennedy, General Counsel, spoke regarding the use of the exemption code for this amendment. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the County Judge to execute Amendment #2 to the contract between Hays County and HNTB Corporation to continue providing General Engineering Consultant (GEC)/Program Management services for the Hays County 2016 Road Bond Program projects; authorize a discretionary exemption pursuant to Texas Local Government Code Section 262.024(a)(4). All present voted “Aye.” MOTION PASSED.

35796 APPROVE AN ADVANCE FUNDING AGREEMENT FOR VOLUNTARY UTILITY RELOCATION CONTRIBUTIONS ON STATE HIGHWAY IMPROVEMENT PROJECTS RELATING TO THE FM 110 NORTH PROJECT AND AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE ADVANCED FUNDING AGREEMENT ON BEHALF OF THE COUNTY.

Commissioner Ingalsbe stated this is the cost to move the waterline relating to Maxwell on FM 110. Commissioner Shell thanked Commissioner Ingalsbe for her work on this project. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve an Advance Funding Agreement for Voluntary Utility Relocation Contributions on State Highway Improvement Projects relating to the FM 110 North Project and authorize the County Judge to execute the Advanced Funding Agreement on behalf of the County. All present voted “Aye.” MOTION PASSED.

35797 HOLD A PUBLIC HEARING WITH POSSIBLE ACTION TO ESTABLISH A "NO PARKING" ZONE ON GARRISON ROAD JUST OUTSIDE OF THE CITY OF BUDA LIMITS.

Judge Becerra opened the public hearing. No comments were made. Judge Becerra closed the public hearing. Commissioner Jones stated there is a concern from the citizens about this narrow road. It would cause difficulty for emergency vehicles to respond to that area. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to establish a "No Parking" zone on Garrison Road just outside of the City of Buda limits. All present voted “Aye.” MOTION PASSED.

35798 HOLD A PUBLIC HEARING WITH POSSIBLE ACTION TO ESTABLISH "YIELD" SIGNS ON THE FOUR LEGS OF A ROUNDABOUT AT THE INTERSECTION OF MESA VERDE DRIVE AND PRESCOTT DRIVE IN BELTERRA SUBDIVISION.

Judge Becerra opened the public hearing. No comments were made. Judge Becerra closed the public hearing. A motion was made by Commissioner Smith, seconded by Commissioner Jones to establish "Yield" signs on the four legs of a roundabout at the intersection of Mesa Verde Drive and Prescott Drive in Belterra subdivision. All present voted “Aye.” MOTION PASSED.

35799 RELEASE OF THE REVEGETATION BOND #SU1157964 IN THE AMOUNT OF $3,488.00 FOR REUNION RANCH SUBDIVISION, PHASE 2, SECTION 4.

Commissioner Smith noted this item has full support of the staff. A motion was made by Commissioner Smith, seconded by Commissioner Jones to release of the revegetation bond #SU1157964 in the amount of $3,488.00 for Reunion Ranch subdivision, Phase 2, Section 4. All present voted “Aye.” MOTION PASSED.

35800 RELEASE OF THE REVEGETATION BOND #PB03016800273 IN THE AMOUNT OF $32,600.00 FOR SUNFIELD SUBDIVISION, PHASE 3, SECTION 2.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to release of the revegetation bond #PB03016800273 in the amount of $32,600.00 for Sunfield subdivision, Phase 3, Section 2. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** NOVEMBER 10, 2020 35801 RELEASE OF THE REVEGETATION BOND #PB03016800210 IN THE AMOUNT OF $30,350.00 FOR SUNFIELD SUBDIVISION, PHASE 3 "ROADWAY EXTENSION".

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to release of the revegetation bond #PB03016800210 in the amount of $30,350.00 for Sunfield subdivision, Phase 3 "Roadway Extension". All present voted “Aye.” MOTION PASSED.

35802 RELEASE OF THE REVEGETATION BOND #PB03016800240 IN THE AMOUNT OF $22,000.00 FOR SUNFIELD SUBDIVISION, PHASE 3, SECTION 4.

Commissioner Jones noted this subdivision is moving rapidly and will house about 25,000 people at the time of completion. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to release of the revegetation bond #PB03016800240 in the amount of $22,000.00 for Sunfield subdivision, Phase 3, Section 4. All present voted “Aye.” MOTION PASSED.

35803 AUTHORIZE THE COUNTY JUDGE TO EXECUTE CHANGE ORDER NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND PAPE-DAWSON ENGINEERS, INC. ON THE FISCHER STORE ROAD SAFETY IMPROVEMENTS PROJECT IN PRECINCT 3 AS PART OF THE 2016 ROAD BOND PROGRAM.

Commissioner Shell stated this item is additional right of way work for the Fischer Store project. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Judge to execute Change Order No. 1 to the Professional Services Agreement (PSA) between Hays County and Pape-Dawson Engineers, Inc. on the Fischer Store Road Safety Improvements project in Precinct 3 as part of the 2016 Road Bond Program. All present voted “Aye.” MOTION PASSED.

35804 AUTHORIZE THE COUNTY JUDGE TO EXECUTE CONTRACT AMENDMENT NO. 1 TO A CONTRACT BETWEEN HAYS COUNTY AND DANNENBAUM ENGINEERING COMPANY - AUSTIN, LLC FOR THE POSEY ROAD CORRIDOR IMPROVEMENTS SAFETY AND MOBILITY PROJECT AS PART OF THE 2016 ROAD BOND PROGRAM.

Commissioner Shell stated this project is preparation of increased truck traffic. He noted this project will be complete soon. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the County Judge to execute Contract Amendment No. 1 to a Contract between Hays County and Dannenbaum Engineering Company - Austin, LLC for the Posey Road Corridor Improvements safety and mobility project as part of the 2016 Road Bond Program. All present voted “Aye.” MOTION PASSED.

35805 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND FREESE & NICHOLS, INC. IN REGARDS TO AN INSPECTION AND REPORT OF MS4 FACILITY, THE COUNTY'S ONE PERMANENT STORMWATER MANAGEMENT FACILITY, TO BE IN COMPLIANCE WITH CITY OF SAN MARCOS REQUIREMENTS.

Commissioner Ingalsbe noted this item is for services by a professional engineer for the stormwater detention pond as requested by the City of San Marcos. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute a Professional Services Agreement (PSA) between Hays County and Freese & Nichols, Inc. in regards to an inspection and report of MS4 facility, the County's one permanent stormwater management facility, to be in compliance with City of San Marcos requirements. All present voted “Aye.” MOTION PASSED.

35806 AUTHORIZE THE WIMBERLEY AND DRIFTWOOD RECYCLING AND SOLID WASTE LOCATIONS TO CLOSE ON NOVEMBER 28, 2020 AND OPEN ON NOVEMBER 30, 2020, AND CLOSE ON DECEMBER 26, 2020 AND OPEN ON DECEMBER 28, 2020, AND AUTHORIZE THE DIRECTOR OF COUNTYWIDE OPERATIONS TO SET THE RECYCLING AND SOLID WASTE HOLIDAY SCHEDULE FOR ALL SUBSEQUENT YEARS.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** NOVEMBER 10, 2020 Tammy Crumley, Director of Countywide Operations, stated this item is to allow the recycling staff to have the same holiday schedule as the rest of the county employees. Judge Becerra requested the updated schedule be posted online for the public. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the Wimberley and Driftwood Recycling and Solid Waste locations to close on November 28, 2020 and open on November 30, 2020, and close on December 26, 2020 and open on December 28, 2020, and authorize the Director of Countywide Operations to set the Recycling and Solid Waste holiday schedule for all subsequent years. All present voted “Aye.” MOTION PASSED.

35807 AUTHORIZE THE CLOSURE OF ALL HAYS COUNTY PARKS ON NOVEMBER 26, 2020, DECEMBER 25, 2020, JANUARY 1, 2021, AND APRIL 4, 2021, AND AUTHORIZE THE DIRECTOR OF COUNTYWIDE OPERATIONS TO SET THE PARK HOLIDAY SCHEDULE FOR ALL SUBSEQUENT YEARS.

A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the closure of all Hays County Parks on November 26, 2020, December 25, 2020, January 1, 2021, and April 4, 2021, and authorize the Director of Countywide Operations to set the Park holiday schedule for all subsequent years. All present voted “Aye.” MOTION PASSED.

35808 ACCEPT THE STAR ASSET SECURITY PROPOSAL RELATED TO UPGRADES AND REPAIRS OF THE EXISTING SECURITY SYSTEM FOR THE TRANSPORTATION DEPARTMENT AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Jones noted this item is for maintenance and upgrading to the system. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to accept the Star Asset Security Proposal related to upgrades and repairs of the existing security system for the Transportation Department and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35809 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A RADIO SERVICES AND EQUIPMENT BINDING PROPOSAL WITH THE LOWER COLORADO RIVER AUTHORITY (LCRA) FOR $58,700 AND AUTHORIZE A DISCRETIONARY EXEMPTION PURSUANT TO TEXAS LOCAL GOVERNMENT CODE CH. 262.024(A)(7)(D).

Commissioner Jones noted the LCR radio is the type used in the region and the only vendor. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Radio Services and Equipment Binding Proposal with the Lower Colorado River Authority (LCRA) for $58,700 and authorize a discretionary exemption pursuant to Texas Local Government Code Ch. 262.024(a)(7)(D). All present voted “Aye.” MOTION PASSED.

35810 AUTHORIZE THE EXECUTION OF A REVISED MEMORANDUM OF UNDERSTANDING BETWEEN THE HAYS COUNTY VETERAN'S TREATMENT COURT AND COUNSELINK, INC. RELATED TO COUNSELING SERVICES FOR VETERANS.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the execution of a revised Memorandum of Understanding between the Hays County Veteran's Treatment Court and Counselink, Inc. related to counseling services for veterans. All present voted “Aye.” MOTION PASSED.

35811 AUTHORIZE THE EXECUTION OF A REVISED MEMORANDUM OF UNDERSTANDING BETWEEN THE HAYS COUNTY VETERAN'S TREATMENT COURT AND LAKE INKS PROFESSIONAL SERVICES, LLC RELATED TO PSYCHOLOGICAL EVALUATIONS.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the execution of a revised Memorandum of Understanding between the Hays County Veteran's Treatment Court and Lake Inks Professional Services, LLC related to psychological evaluations. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** NOVEMBER 10, 2020 35812 AUTHORIZE THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE HAYS COUNTY VETERAN'S TREATMENT COURT AND LAURA L. ADAMS, PH.D. RELATED TO PSYCHOLOGICAL ASSESSMENT AND DIAGNOSIS FOR VETERANS.

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 Laura L. Adams, Ph.D. related to psychological assessment and diagnosis for veterans. All present voted “Aye.” MOTION PASSED.

35813 AUTHORIZE THE EXECUTION OF A REVISED 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.

Vicki Dorsett, Auditor’s Office, read a statement submitted by Gerald Ramcharan, Program Manager for the County Veterans Treatment Court. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the execution of a revised 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.

35814 CANVASS RESULTS OF THE COUNTY AND PRECINCT RACES FOR THE NOVEMBER 3, 2020 GENERAL ELECTION; AND AUTHORIZE THE EXECUTION OF THE ORDER CANVASSING RETURNS AND DECLARING RESULTS OF BOND ELECTION AND CERTIFICATE OF COUNTY CLERK RELATED TO HAYS COUNTY PROPOSITION A.

Jennifer Anderson, Elections Administrator, spoke to the court regarding this year’s historic election. She thanked her staff and several county offices that contributed to running the elections. The court thanked the elections office for their work. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to canvass results of the County and Precinct races for the November 3, 2020 General Election; and authorize the execution of the Order Canvassing Returns and Declaring Results of Bond Election and Certificate of County Clerk related to Hays County Proposition A. All present voted “Aye.” MOTION PASSED.

APPROVE THE INSTALLATION OF A SECURITY CAMERA SYSTEM AT THE HAYS COUNTY HISTORIC COURTHOUSE.

Jeff McGill, Information Technology Director, spoke about the options available for security system for courthouse. Constable Peterson spoke about his office handling the security of the courthouse. Commissioner Ingalsbe asked about cost for the system. Tammy Crumley, Director of Countywide Operations spoke about installing a key card system along with the security system. Judge Becerra stated this item will be brought back to court. No action was taken.

35815 APPOINT DEBBIE INGALSBE AND LON SHELL TO THE CORE 4 POLICY GROUP; AND APPOINT MICHELLE VILLEGAS AND LISA GRIFFIN TO THE CORE 4 TASK GROUP.

Dan Lyon made a public comment. Commissioner Ingalsbe and Judge Becerra will serve on board. Commissioner Shell agreed to change with Commissioner Ingalsbe to serve on the board after each term. A motion was made by Commissioner Jones, seconded by Commissioner Smith to appoint Debbie Ingalsbe and Judge Becerra to the Core 4 Policy Group; and appoint Michelle Villegas and Lisa Griffin to the Core 4 Task Group. All present voted “Aye.” MOTION PASSED.

35816 AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE FINAL CRF SPENDING PLAN FORM RELATED TO HAYS COUNTY'S COIVD-19 FUNDING ALLOCATION FOR FURTHER SUBMISSION TO THE TEXAS DEPARTMENT OF EMERGENCY MANAGEMENT (TDEM).

Marisol Villarreal-Alonzo, Auditor, stated this funding plan is due November 13th, 2020. The plan identifies the spending allocations. A motion was made by Commissioner Jones, seconded by Commissioner Smith to authorize the County Judge to execute the final CRF Spending Plan Form related to Hays County's Coivd-19 funding allocation for further submission to the Texas Department of Emergency Management (TDEM). All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** NOVEMBER 10, 2020 35817 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND BLAIR WILDLIFE CONSULTING, LLC FOR ENVIRONMENTAL SUPPORT SERVICES FOR THE HAYS COUNTY REGIONAL HABITAT CONSERVATION PLAN (RHCP) AND OTHER HAYS COUNTY PROJECTS; AUTHORIZE A DISCRETIONARY EXEMPTION PURSUANT TO TEXAS LOCAL GOVERNMENT CODE SECTION 262.024(A)(4).

Commissioner Ingalsbe noted Blair Wildlife Consulting has done a great job. She stated she would like to continue to use their services. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the County Judge to execute a Professional Services Agreement (PSA) between Hays County and Blair Wildlife Consulting, LLC for Environmental Support Services for the Hays County Regional Habitat Conservation Plan (RHCP) and other Hays County Projects; authorize a discretionary exemption pursuant to Texas Local Government Code Section 262.024(a)(4). All present voted “Aye.” MOTION PASSED.

Clerk’s Note: Executive Session began at 10:41 a.m. and resumed back into open court at 11:06 a.m.

35818 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 LOCAL HEALTH DEPARTMENT. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

A motion was made by Commissioner Shell, seconded by Commissioner Jones to regrade the registered nurse slot 1135-002 from grade 114 to a grade 115 effective 11/10/2020 as presented in executive session. All present voted “Aye.” MOTION PASSED.

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

Judge Becerra announced the burn ban will remain in place. No action was taken.

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 $43,190.00 for the week of November 1 – November 7, 2020. The number of outsourced males was 124 inmates and females were 0 inmates. During the month of October trustees worked 3,918 hours. The number of arrest made by agency are as follows; Buda Police Department - 2, Department of Public Safety – 4, Hays County Sheriff’s Department – 48, this includes court ordered commitments, warrant pick-ups from all agencies, and self-surrender warrants from all agencies, Kyle Police Department – 29, San Marcos Police Department - 39, Texas State Police Department – 3. No action taken.

Clerk’s Note Agenda Item #55 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 #56 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 11:01 a.m.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** NOVEMBER 10, 2020

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** NOVEMBER 17, 2020

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 17th DAY OF NOVEMBER 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 Lisa Straus, Buda United Methodist 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

Lucy Wiley emailed a public comment against commercial businesses moving into residential neighborhoods. The comment was read in court by Elaine Cardenas, County Clerk.

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

Tammy Crumley, Director of Countywide Operations, gave the court an update on the current number of COVID-19 cases. She noted an increase in positive cases. She announced the testing locations throughout the county. Judge Becerra encouraged the public to continue wearing masks in public and practice social distancing. No action was taken.

35819 ADOPT A PROCLAMATION DECLARING NOVEMBER 16 - 22, 2020 AS GLOBAL ENTREPRENEURSHIP WEEK.

A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to adopt a Proclamation declaring November 16 - 22, 2020 as Global Entrepreneurship Week. All present voted “Aye.” MOTION PASSED.

35820 ADOPT A PROCLAMATION RECOGNIZING THE 140TH ANNIVERSARY OF THE BUDA UNITED METHODIST CHURCH IN HAYS COUNTY.

Commissioner Jones thanked Reverend Lisa Straus. Reverend Straus thanked past and current members of the church. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to adopt a Proclamation recognizing the 140th anniversary of the Buda United Methodist Church in Hays County. All present voted “Aye.” MOTION PASSED.

UPDATE ON THE NOVEMBER MEETING OF THE HILL COUNTRY MENTAL HEALTH DEVELOPMENTAL DISABILITIES BOARD BY CHARLIE CAMPISE.

Charlie Campise gave the update to the court. He stated he was not able to make the November meeting since he was commissioned by the Commissioners Court members to be an election judge. The election was held at the same time. The board discussed a new hospital and the proposed cost of the build. Discussion was had by the board regarding the selection of a new Executive Director. The court thanked Mr. Campise for his update. No action was taken.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** NOVEMBER 17, 2020 35821 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.

35822 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.

35823 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.

35824 APPROVE COMMISSIONERS COURT MINUTES OF NOVEMBER 10, 2020.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve Commissioners Court Minutes of November 10, 2020. All present voted “Aye.” MOTION PASSED.

35825 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT OFFICE/WAREHOUSE BUILDING LOCATED AT 5040 HWY 123, SUITE 100, SAN MARCOS, TEXAS 78666.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize On-Site Sewage Facility Permit office/warehouse building located at 5040 Hwy 123, Suite 100, San Marcos, Texas 78666. All present voted “Aye.” MOTION PASSED.

35826 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT OFFICE/WAREHOUSE BUILDING LOCATED AT 5040 HWY 123, SUITE 300, SAN MARCOS, TEXAS 78666.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize On-Site Sewage Facility Permit office/warehouse building located at 5040 Hwy 123, Suite 300, San Marcos, Texas 78666. All present voted “Aye.” MOTION PASSED.

35827 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT OFFICE/WAREHOUSE BUILDING LOCATED AT 5040 HWY 123, SUITE 400, SAN MARCOS, TEXAS 78666.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones authorize On-Site Sewage Facility Permit office/warehouse building located at 5040 Hwy 123, Suite 400, San Marcos, Texas 78666. All present voted “Aye.” MOTION PASSED.

35828 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT OFFICE/WAREHOUSE BUILDING LOCATED AT 5040 HWY 123, SUITE 700, SAN MARCOS, TEXAS 78666.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones authorize On-Site Sewage Facility Permit office/warehouse building located at 5040 Hwy 123, Suite 700, San Marcos, Texas 78666. All present voted “Aye.” MOTION PASSED.

35829 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR TWO OFFICE/WAREHOUSE BUILDINGS LOCATED AT 13617 FITZHUGH ROAD, AUSTIN, TEXAS 78737.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize On-Site Sewage Facility Permit for two office/warehouse buildings located at 13617 Fitzhugh Road, Austin, Texas 78737. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** NOVEMBER 17, 2020 35830 AUTHORIZE THE SHERIFF'S OFFICE TO PURCHASE A REPLACEMENT TICKET WRITER PRINTER FOR $647.00; AUTHORIZE A DISCRETIONARY EXEMPTION PURSUANT TO TEXAS LOCAL GOVERNMENT CODE CH. 262.024(A)(7)(D) AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the Sheriff's Office to purchase a replacement ticket writer printer for $647.00; authorize a discretionary exemption pursuant to Texas Local Government Code Ch. 262.024(a)(7)(D) and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35831 AMEND THE SHERIFF'S OFFICE OPERATING BUDGET FOR NEEDED VEHICLE REPAIRS IN WHICH INSURANCE PROCEEDS WERE RECEIVED.

35832 AUTHORIZE THE SHERIFF'S OFFICE TO USE SHERIFF DRUG FORFEITURE FUNDS TOTALING $5,876.84 TO PURCHASE LIGHTS FOR PATROL VEHICLES AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the Sheriff's Office to use Sheriff Drug Forfeiture Funds totaling $5,876.84 to purchase lights for patrol vehicles and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35833 AUTHORIZE THE SHERIFF'S OFFICE TO PURCHASE CONSUMABLE ITEMS RELATED TO EXTENDED CRIME SCENE INCIDENTS.

Discussion was held among the court and the Auditor’s office regarding a limit for consumable items. Commissioner Jones stated $400.00. The Auditor’s office agreed this was a reasonable amount. Marisol Villarreal-Alonzo, Auditor, stated that if the amount needed to be adjusted her office would bring it back to court. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the Sheriff's Office to purchase consumable items related to extended crime scene incidents with a limit not to exceed $400.00. All present voted “Aye.” MOTION PASSED.

35834 AUTHORIZE THE EXECUTION OF AN EQUIPMENT CALIBRATION & MAINTENANCE AGREEMENT WITH FARRWEST ENVIRONMENTAL SUPPLY, INC. RELATED TO THE MAINTENANCE OF HAZMAT MONITORING EQUIPMENT FUNDED THROUGH THE OFFICE OF THE GOVERNOR, HOMELAND SECURITY GRANTS PROGRAM.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the execution of an Equipment Calibration & Maintenance Agreement with FarrWest Environmental Supply, Inc. related to the maintenance of HazMat Monitoring Equipment funded through the Office of the Governor, Homeland Security grants program. All present voted “Aye.” MOTION PASSED.

35835 AUTHORIZE THE SHERIFF'S OFFICE TO PURCHASE A COMPUTER SYSTEM FOR THE ACCESS CONTROL SYSTEM LOCATED AT THE PUBLIC SAFETY BUILDING AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Shell stated this system will allow the Sheriff’s office access to the building but also tracks the time and date. A motion was made by Commissioner Smith, seconded by Commissioner Ingalsbe to authorize the Sheriff's Office to purchase a computer system for the access control system located at the Public Safety Building and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35836 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR THREE SHORT- TERM RENTAL CABINS LOCATED AT 965 NORWOOD RD, DRIPPING SPRINGS, TX 78620.

A motion was made by Commissioner Smith, seconded by Commissioner Ingalsbe to authorize On-Site Sewage Facility Permit for three short-term rental cabins located at 965 Norwood Rd, Dripping Springs, TX 78620. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** NOVEMBER 17, 2020 35837 AUTHORIZE THE SUBMISSION OF A GRANT APPLICATION AND EXECUTION OF RESOLUTION TO THE TEXAS INDIGENT DEFENSE COMMISSION (TIDC) FOR THE FY21 FORMULA GRANT PROGRAM.

A motion was made by Commissioner Smith, seconded by Commissioner Ingalsbe to authorize the submission of a grant application and execution of resolution to the Texas Indigent Defense Commission (TIDC) for the FY21 Formula Grant Program. All present voted “Aye.” MOTION PASSED.

35838 APPROVE SPECIFICATIONS FOR IFB 2021-B03 HAYS COUNTY MULTILAYER WELL AND AUTHORIZE PURCHASING TO SOLICIT FOR BIDS AND ADVERTISE.

A motion was made by Commissioner Smith, seconded by Commissioner Ingalsbe to approve specifications for IFB 2021-B03 Hays County Multilayer Well and authorize Purchasing to solicit for bids and advertise. All present voted “Aye.” MOTION PASSED.

35839 AUTHORIZE THE COUNTY JUDGE TO PURCHASE A REPLACEMENT DELL THUNDERBOLT DOCKING STATION IN THE AMOUNT OF $202.99 TO REPLACE A NON-WORKING, OUT OF WARRANTY COMPUTER DOCKING STATION AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Smith, seconded by Commissioner Ingalsbe to authorize the County Judge to purchase a replacement Dell Thunderbolt Docking Station in the amount of $202.99 to replace a non-working, out of warranty computer docking station and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35840 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN HAYS COUNTY AND THE CITY OF SAN MARCOS RELATING TO THE COUNTY'S LIME KILN ROAD (CR 225) BOND PROJECT AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Shell outlined the responsibilities of the county and the City of San Marcos. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the County Judge to execute an Interlocal Agreement between Hays County and the City of San Marcos relating to the County's Lime Kiln Road (CR 225) Bond Project and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35841 AUTHORIZE THE EXECUTION OF SUPPLEMENTAL NO. 2 TO WORK AUTHORIZATION NO. 2 WITH AMERICAN STRUCTUREPOINT, INC REGARDING THE RM 3237 AT RM 150 ROUNDABOUT PROJECT AS PART OF THE 2016 ROAD BOND PROGRAM.

Commissioner Shell stated this project runs through 3 precincts. Discussion was had by the court regarding the benefits of roundabouts for high traffic areas. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the execution of Supplemental No. 2 to Work Authorization No. 2 with American Structurepoint, Inc regarding the RM 3237 at RM 150 Roundabout project as part of the 2016 Road Bond Program. All present voted “Aye.” MOTION PASSED.

35842 APPROVE THE FINAL PLAT CONCERNING THE REPLAT OF LOT 35, LEA ACRES SUBDIVISION; PLN-1398-PC.

Judge Becerra opened the public hearing at 9:43a.m. Debra Charnes, made a comment concerning nonresidential use of the property. Delane Vandwalding made a comment against the replat. Judge Becerra closed the public hearing at 9:47a.m. Commissioner Shell thanked the citizens who gave public comments. He stated that if the property owners are meeting the requirements then the court is obligated to follow state rules. He noted that the actions made today are only to approve the subdivision of the property. Mark Kennedy, General Counsel, explained the legal steps that could be taken if the county does not follow the state rules. Caitlyn Strickland, Director of Development Services, explained the subdivision process. A motion was made by Commissioner Shell, seconded by Commissioner Smith to approve the final plat concerning the Replat of Lot 35, Lea Acres Subdivision; PLN-1398-PC. Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, and Commissioner Smith voted “Aye.” Judge Becerra voted “No.” MOTION PASSED.

Clerk’s Note: Judge Becerra called for a break that began at 10:02 a.m. and resumed back into open court at 10:10 a.m.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** NOVEMBER 17, 2020 35843 AUTHORIZE THE COUNTY JUDGE TO EXECUTE TASK ORDER #1 TO THE MASTER INTERLOCAL AGREEMENT BETWEEN HAYS COUNTY AND TEXAS STATE UNIVERSITY EXECUTED ON OR ABOUT AUGUST 18, 2020.

Commissioner Shell stated this agreement allows studies administered by the Meadows Center at Texas State University. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the County Judge to execute Task Order #1 to the Master Interlocal Agreement between Hays County and Texas State University executed on or about August 18, 2020. All present voted “Aye.” MOTION PASSED.

35844 AUTHORIZE THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN HAYS COUNTY AND TEXAS STATE UNIVERSITY TO BE PERFORMED BY THE MEADOWS CENTER FOR WATER AND THE ENVIRONMENT RELATED TO THE 2021 HAYS COUNTY FERAL HOG PROGRAM.

A presentation was given by Nick Dornak, Director of Watershed Services at Texas State University. A motion was made by Commissioner Smith, seconded by Commissioner Jones to authorize the execution of an Interlocal Cooperation Agreement between Hays County and Texas State University to be performed by the Meadows Center for Water and the Environment related to the 2021 Hays County Feral Hog Program. All present voted “Aye.” MOTION PASSED.

35845 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN ANNUAL SUPPORT AGREEMENT WITH STARS INFORMATION SOLUTIONS FOR SOFTWARE AND HARDWARE MAINTENANCE OF THE SCANPRO3000 MICROSOFT SCANNER FOR $695.00 WITH FUNDS BUDGETED FOR FY2021.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the County Judge to execute an Annual Support Agreement with Stars Information Solutions for software and hardware maintenance of the ScanPro3000 Microsoft Scanner for $695.00 with funds budgeted for FY2021. All present voted “Aye.” MOTION PASSED.

35846 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN INTERLOCAL AGREEMENT FOR USE OF JAIL FACILITY BETWEEN HAYS COUNTY AND ATASCOSA COUNTY RELATED TO THE HOUSING AND CARE OF HAYS COUNTY INMATES.

Commissioner Ingalsbe called on Lieutenant John Saenz to speak. Lieutenant John Saenz stated Atascosa County is a closer facility than Fort Bend County. This agreement will help with travel and cost of outsourcing inmates. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute an Interlocal Agreement for Use of Jail Facility between Hays County and Atascosa County related to the housing and care of Hays County inmates. Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, and Commissioner Smith voted “Aye.” Judge Becerra voted “No.” MOTION PASSED.

35847 AUTHORIZE THE CONSTABLE PCT. 4 OFFICE TO PURCHASE ONE NEW LCRA IN-CAR MOBILE RADIO, XG-25M, 700/800 P25 SYSTEM WITH ACCESSORIES IN THE AMOUNT OF $3,884.19 AND AMEND THE BUDGET ACCORDINGLY.

Constable Ron Hood stated that the vehicle was approved by the court in April, however there was an oversight in requesting the in-car radio for the vehicle. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the Constable Pct. 4 Office to purchase one new LCRA in-car Mobile Radio, XG-25M, 700/800 P25 system with accessories in the amount of $3,884.19 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35848 AUTHORIZE THE ELECTION'S OFFICE TO PAY DOWN VACATION ACCRUALS FOR THE ELECTION'S ADMINISTRATOR AND THE ADMINISTRATIVE ASSISTANT III, SLOT 0271-002 AND AMEND THE BUDGET ACCORDINGLY.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** NOVEMBER 17, 2020 Judge Becerra stated the Elections department is doing a great job. Commissioner Jones stated this year was a historic election with record turnout. He stated the amount of money is well deserved. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the Election's Office to pay down vacation accruals for the Election's Administrator and the Administrative Assistant III, slot 0271-002 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35849 AUTHORIZE THE SHERIFF'S OFFICE TO HIRE AN EMERGENCY COMMUNICATION OFFICER, SLOT 0515-003 AT AN MBS3 OF THE ECO SALARY PROGRESSION CHART EFFECTIVE 11/20/20.

Captain Mark Cumberland stated the new hire is a returning employee who has five years of experience. She is trained and certified for this position. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the Sheriff's Office to hire an Emergency Communication Officer, slot 0515-003 at an MBS3 of the ECO salary progression chart effective 11/20/20. All present voted “Aye.” MOTION PASSED.

Clerk’s Note: Executive Session began at 11:13 a.m. and resumed back into open court at 11:27 a.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 VETERAN SERVICES OFFICE. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

No action taken.

35850 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE, LEASE AND/OR VALUE OF REAL PROPERTY OWNED BY HAYS COUNTY LOCATED ON WEST SAN ANTONIO STREET, SAN MARCOS IN PCT. 1. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT. INGALSBE

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute a real estate sales contract and deed, conveying approximately 3.89 acres of land (R136050) from Hays County to Hays County emergency services district number 3, as discussed and presented by General Counsel in Executive Session. This transfer shall be contingent upon ESD#3’s arrangement to allow public trail access across the property, as well as stormwater improvements, maintained by the City of San Marcos. These conditions shall be tied to a reversionary interest in the property. 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 $41,450.00 for the week of November 8 – November 14, 2020. The number of outsourced males was 118 inmates and females were 0 inmates. The number of arrest made by agency are as follows; Buda Police Department - 4, Department of Public Safety – 1, Hays County Sheriff’s Department – 52, this includes court ordered commitments, warrant pick-ups from all agencies, and self-surrender warrants from all agencies, Kyle Police Department – 22, San Marcos Police Department - 33, Texas State Police Department – 2. No action taken.

Clerk’s Note Agenda Item #39 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** NOVEMBER 17, 2020 ADJOURNMENT

A motion was made by Judge Becerra, seconded by Commissioner Jones to adjourn court at 12:17 p.m.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** NOVEMBER 24, 2020

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 24th DAY OF NOVEMBER 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 Esparanza Baltazar-Ramirez, El Buen Pastor United Methodist 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 made a public comment.

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

Judge Becerra announced a third company is on the horizon of providing a vaccine for COVID-19. Alex Villalobos, Chief of Staff and Emergency Management Coordinator announced the locations of COVID-19 tests. Mike Jones, Emergency Services Director, gave an update on training exercises. No action was taken.

35851 APPROVE PAYMENTS OF COUNTY INVOICES.

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

35852 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS.

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

35853 APPROVE COMMISSIONERS COURT MINUTES OF NOVEMBER 17, 2020.

A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve Commissioners Court Minutes of November 17, 2020. All present voted “Aye.” MOTION PASSED.

35854 APPROVE THE PAYMENT OF THE NOVEMBER 30, 2020 PAYROLL DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $4,273,000.00 EFFECTIVE NOVEMBER 30, 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 November 30, 2020 payroll disbursements in an amount not to exceed $4,273,000.00 effective November 30, 2020 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** NOVEMBER 24, 2020 35855 AUTHORIZE THE OFFICE OF EMERGENCY SERVICES TO PURCHASE 30 DELL LAPTOPS VALUED AT $33,405.30 AND 10 IPADS VALUED AT $7,090.40 UTILIZING CRF FUNDS AND AMEND THE BUDGET ACCORDINGLY.

Mike Jones, Emergency Services Director, stated the 15 laptops will be used in the Emergency Operations Center and the other 15 will be used by county staff. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the Office of Emergency Services to purchase 30 Dell Laptops valued at $33,405.30 and 10 iPads valued at $7,090.40 utilizing CRF Funds and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35856 APPROVE RENEWAL OF RFP 2018-P03 COUNTY WIDE PLUMBING SERVICES WITH SI MECHANICAL FOR ONE (1) ADDITIONAL YEAR AS STATED IN THE ORIGINAL BID.

A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve renewal of RFP 2018-P03 County Wide Plumbing Services with SI Mechanical for one (1) additional year as stated in the original bid. All present voted “Aye.” MOTION PASSED.

35857 APPROVE AND EXECUTE THE SHERIFF'S OFFICE EQUITABLE SHARING AND AGREEMENT CERTIFICATION IN ACCORDANCE WITH THE STATUTES AND GUIDELINES THAT GOVERN THE FEDERAL EQUITABLE SHARING PROGRAM.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve and execute the Sheriff's Office Equitable Sharing and Agreement Certification in accordance with the statutes and guidelines that govern the Federal Equitable Sharing Program. All present voted “Aye.” MOTION PASSED.

35858 AUTHORIZE THE EXTENSION OFFICE TO PURCHASE ONE (1) REPLACEMENT OPTIPLEX 7070 DESKTOP COMPUTER VALUED AT $725.94 AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the Extension Office to purchase one (1) replacement OptiPlex 7070 Desktop Computer valued at $725.94 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35859 APPROVE UTILITY PERMITS.

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

35860 AUTHORIZE THE PURCHASE OF ADD-ON FURNITURE PARTS VALUED AT $2,408.29 FROM WORKPLACE RESOURCES FOR THE PUBLIC SAFETY BUILDING; UTILIZING A DISCRETIONARY EXEMPTION PURSUANT TO TEXAS LOCAL GOVERNMENT CODE CH. 262.024(A)(7)(D) AND AMEND THE BUDGET ACCORDINGLY.

Dan Lyon made a public comment. Commissioner Ingalsbe noted these items are needed for installation of the furniture. Commissioner Shell noted an opening date for the building will be announced soon. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the purchase of Add- On Furniture parts valued at $2,408.29 from Workplace Resources for the Public Safety Building; utilizing a discretionary exemption pursuant to Texas Local Government Code Ch. 262.024(a)(7)(D) and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35861 AUTHORIZE PAYMENT TO CELLULAR CONTROLLED PRODUCTS FOR THE FERAL HOG ABATEMENT GRANT PROGRAM IN WHICH NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER COUNTY PURCHASING POLICY AND AMEND THE BUDGET ACCORDINGLY.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** NOVEMBER 24, 2020 A motion was made by Commissioner Jones, seconded by Commissioner Shell to Authorize payment to Cellular Controlled Products for the Feral Hog Abatement grant program in which no purchase order was issued as required per County Purchasing Policy and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35862 AUTHORIZE THE OFFICE OF EMERGENCY SERVICES TO PURCHASE 6 AXON CRADLEPOINT DEVICES VALUED AT $10,674.00 UTILIZING CRF FUNDS AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to Authorize the Office of Emergency Services to purchase 6 Axon Cradlepoint Devices valued at $10,674.00 utilizing CRF Funds and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35863 AUTHORIZE OZONA BANK TO RELEASE BANK STATEMENTS FOR THE PERIOD OF OCTOBER 1, 2017 THROUGH PRESENT TO THE HAYS COUNTY TREASURER AND HAYS COUNTY AUDITOR.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to Authorize Ozona Bank to release bank statements for the period of October 1, 2017 through present to the Hays County Treasurer and Hays County Auditor. All present voted “Aye.” MOTION PASSED.

35864 AUTHORIZE THE OFFICE OF EMERGENCY SERVICES TO ACCEPT A $4,942.30 PROPOSAL FROM THE MOVE TEAM TO RELOCATE A ROLLING FILE SYSTEM AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the Office of Emergency Services to accept a $4,942.30 proposal from The Move Team to relocate a Rolling File System and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35865 APPROVE EXTENSION OF RFP 2016-P06 BANK DEPOSITORY WITH SAGE CAPITAL BANK, N.A. FOR A PERIOD NOT TO EXCEED 90 DAYS (FEBRUARY 28, 2021) AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve extension of RFP 2016-P06 Bank Depository with Sage Capital Bank, N.A. for a period not to exceed 90 days (February 28, 2021) and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35866 APPROVE SPECIFICATIONS FOR IFB 2021-B04 LAWN & LANDSCAPE SERVICES AND AUTHORIZE PURCHASING TO SOLICIT FOR PROPOSALS AND ADVERTISE.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to Approve specifications for IFB 2021-B04 Lawn & Landscape Services and authorize Purchasing to solicit for proposals and advertise. All present voted “Aye.” MOTION PASSED.

35867 AUTHORIZE THE COUNTY JUDGE TO EXECUTE SUPPLEMENTAL #3 TO THE PROFESSIONAL SERVICE AGREEMENT (PSA) BETWEEN HAYS COUNTY AND LJA ENGINEERING, INC. FOR FM 110 (IH35 AT YARRINGTON ROAD TO SH80) NORTH PROJECT AS PART OF THE HAYS COUNTY/TXDOT PARTNERSHIP PROGRAM WHICH WILL INCREASE THE COMPENSATION CAP BY $105,000.00.

Commissioner Ingalsbe noted these are plan updates for an overpass. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute Supplemental #3 to the Professional Service Agreement (PSA) between Hays County and LJA Engineering, Inc. for FM 110 (IH35 at Yarrington Road to SH80) North project as part of the Hays County/TxDOT Partnership Program which will increase the compensation cap by $105,000.00. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** NOVEMBER 24, 2020 35868 10:00 A.M. - HOLD A PUBLIC HEARING IN ACCORDANCE WITH SECTION 293.101 OF THE TEXAS HEALTH AND SAFETY CODE TO HEAR PUBLIC COMMENTS AND CONSIDER ACTION CONCERNING THE AMOUNT OF THE MANDATORY PAYMENTS REQUIRED OF ALL LOCAL HOSPITALS IN FISCAL YEAR (FY) 2021PURSUANT TO THE COUNTY HEALTH CARE PROVIDER PARTICIPATION PROGRAM AND HOW THE REVENUE DERIVED FROM THOSE PAYMENTS IS TO BE SPENT.

Judge Becerra opened the public hearing. No comments were made. Judge Becerra closed the public hearing. Commissioner Shell stated these funds are supported by the local hospitals to support indigent care in the county. Tammy Crumley, Director of Countywide Operations stated the hospitals have agreed on 6 percent rate that will be divided into quarterly payments for each facility. Commissioner Ingalsbe thanked all parties that participated in this fund. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to approve the 6 percent mandatory payment of the fiscal year 2021 for the Hays County Health Care Local Provider Participation fund. All present voted “Aye.” MOTION PASSED.

35869 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A $197,979.00 CONTRACT AMENDMENT WITH TYLER TECHNOLOGIES, INC. FOR THE SOFTCODE SOFTWARE PROGRAM & IMPLEMENTATION SERVICES FOR CIVIL PROCESS AS BUDGETED IN THE FY21 BUDGET.

Jeff McGill, Director of Information Technology Department, updated the court about the use of the civil software. Commissioner Ingalsbe thanked Jeff McGill for his work on this contract. Marisol Villarreal -Alonzo, Auditor noted how the budget was funded for this project. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the County Judge to execute a $197,979.00 Contract Amendment with Tyler Technologies, Inc. for the SoftCode Software Program & Implementation Services for Civil Process as budgeted in the FY21 budget. All present voted “Aye.” MOTION PASSED.

DEDICATE FUNDING TO ASSIST INDEPENDENT SCHOOL DISTRICTS WITHIN HAYS COUNTY WITH MENTAL HEALTH RESOURCES AS A RESULT OF THE COVID-19 PANDEMIC.

Commissioner Smith stated this is a growing ongoing issue. He hopes this is a step in the right direction. Commissioner Shell had questions regarding possible reimbursement from the schools or the federal government. Vickie Dorsett, Auditor’s Office, announced the budgeting options for these funds. Commissioner Smith stated he anticipates funding $200,000.00 at $50,000.00 per school district. Mark Kennedy, General Counsel, explained agreement options to the court regarding reimbursements. Commissioner Smith thanked the court for their input. He stated he will bring this item back to court. No action was taken.

35870 APPOINT TWO HAYS COUNTY REPRESENTATIVES TO SERVE ON THE TAX INCREMENT REINVESTMENT ZONE (TIRZ) NUMBER 2 - CARMA BLANCO VISTA (NOW KNOWN AS BLANCO VISTA) BOARD OF DIRECTORS.

Commissioner Ingalsbe stated City of San Marcos contacted her regarding these two appointments. Mark Kennedy, General Counsel, stated the City of San Marcos is not requesting money. He stated they are needing a complete board to make voting decisions. Commissioner Ingalsbe suggested appointing Commissioner Smith since the TIRZ in now in precinct 4. Commissioner Smith stated that he will serve. He also wanted to conduct outreach to select a citizen that lives in that area. The agreement states appointments can be changed. Discussion was had among the court to select Commissioner Smith and Judge Becerra with the possibility of replacing them with a member of the community later. Vickie Dorsett, Auditor’s office stated the agreement is expired. Commissioner Shell stated the county will need to request an updated agreement. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to appoint Commissioner Smith and Judge Becerra as the two Hays County representatives to serve on the Tax Increment Reinvestment Zone (TIRZ) Number 2 - Carma Blanco Vista (now known as Blanco Vista) Board of Directors. All present voted “Aye.” MOTION PASSED.

DISCUSSION RELATED TO THE HAYS COUNTY PARKS AND OPEN SPACES PLAN, INCLUDING THE IDENTIFICATION OF NEXT STEPS RELATED TO VOTER-APPROVED PROPOSITION A IN THE NOVEMBER 2020 GENERAL ELECTION. POSSIBLE ACTION MAY FOLLOW.

Commissioner Shell stated this item is just to get started on the planning for proposition A. Mark Kennedy, General Counsel, noted that the Court would need to select new members for the Parks and Open Spaces Advisory Commission (POSAC) as the previous committee was closed out. appointment deadline is set on December 22, 2020. No action was taken.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** NOVEMBER 24, 2020 Clerk’s Note: Executive Session began at 9:33 a.m. and resumed back into open court at 10:03 a.m.

35871 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 approve the negotiated settlement on all three parcels on Dacy Lane in Precinct 1 as discussed in Executive Session. All present voted “Aye.” MOTION PASSED.

35872 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 INVESTIGATIONS DIVISION OF THE HAYS COUNTY CRIMINAL DISTRICT ATTORNEY'S OFFICE. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to accept the District Attorney’s restructure for the investigator positions effective 12/1/20 regrading the Chief Investigator from a grade 114 to 116 with no fiscal impact, and to regrade all investigator positions from a grade 113 to 114 with the progression plan as presented in executive session. All present voted “Aye.” MOTION PASSED.

Clerk’s Note: Executive Session began at 11:16 a.m. and resumed back into open court at 11:50 a.m.

35873 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE, LEASE AND/OR VALUE OF REAL PROPERTY LOCATED AT OR NEAR 810 S. STAGECOACH TRAIL, SAN MARCOS IN PCT. 1. 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 memorandum of understanding regarding the exchange of property, the dedication of right of way and matters related thereto, between Hays County and Carson Select Investments, LP, as presented in Executive Session; and to authorize staff and consultants to file the appropriate documentation to dedicate right of way for the extension of south Stagecoach road and to amend the plat of Hays County’s property on South Stagecoach. All present voted “Aye.” MOTION PASSED.

Comments-

This action represents the clean up of some of the land uses in this area. The roadway, which was originally planned to curve at the new public safety building, will now go straight.

We note that the area of property Hays County is receiving in the exchange far exceeds the area of property that it is conveying.

Counsel has advised that notice of this exchange does not need to be published in a paper of general circulation since it represents otherwise unusable areas of property being exchanged for reconciliation of the roadway alignment and the master plan for this development.

35874 EXECUTIVE SESSION PURSUANT TO SECTION 551.071 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND THE AUDITOR'S OFFICE HAYS COUNTY USE OF CARES ACT FUNDING PURSUANT TO THE COVID-19 LOCAL DISASTER DECLARATION. POSSIBLE ACTION TO FOLLOW IN OPEN COURT.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Judge to execute a COVID-19 Assistance Agreement between Hays County and Blanco River Regional Recovery Team (BR3T) not to exceed $300,000.00 related to Direct Assistance for households impacted by COVID -19, as presented in Executive Session. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** NOVEMBER 24, 2020 DISCUSSION AND POSSIBLE ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION.

Judge Becerra stated the burn ban is still in effect as recommended by the Fire Marshall. No action was taken.

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 $40,240.00 for the week of November 15 – November 21, 2020. The number of outsourced males was 115 inmates and females were 0 inmates. The number of arrest made by agency are as follows; Buda Police Department - 6, Department of Public Safety – 4, Hays County Sheriff’s Department – 43, this includes court ordered commitments, warrant pick-ups from all agencies, and self-surrender warrants from all agencies, Kyle Police Department – 22, San Marcos Police Department - 45, Texas State Police Department – 1. No action taken.

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

ADJOURNMENT

A motion was made by Judge Becerra, seconded by Commissioner Jones to adjourn court at 12:03 p.m.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** DECEMBER 8, 2020

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 8th DAY OF DECEMBER 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 ABSENT 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:

PUBLIC COMMENTS

Dan Lyon made a public comment regarding the Appraisal Review Board (ARB).

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

Eric Schneider, Medical Epidemiologist for Hays County Health Department gave the update on COVID-19 cases. Eric Schneider noted positive cases are on the rise as was predicted due to the recent holiday. He also noted that the county is administering more tests which is also a factor to the rise in positive cases. Commissioner Smith discussed lower numbers of COVID-19 hospitalizations than anticipated at this time. Alex Villalobos, Chief of Staff and Emergency Management Coordinator, stated all the hospitals have requested support staffing. Commissioner Shell stated Chief Switcher from Hays County EMS sent a graph of the hospitalization of the (MSA) metropolitan statistical area, which covers areas of the following counties; Travis, Hays, Williamson, Bastrop, maybe Caldwell. The graphs show an increase in positive cases and ICU COVID-19 patients. Commissioner Jones requested that Tammy Crumley, Director of Countywide Operations, oversee the COVID-19 testing information is updated on the website to include the holiday schedule. No action was taken.

35875 ADOPT A PROCLAMATION DECLARING DECEMBER 6TH - 12TH, 2020 AS NATIONAL INFLUENZA VACCINATION WEEK.

Dan Lyon made a public comment. Eric Schneider, Medical Epidemiologist for Hays County Health Department, stated there is still time to get a flu shot. He noted the different challenges people may face this year due to COVID-19. Commissioner Shell recognized employees for their work at the Health Department. A motion was made by Commissioner Shell, seconded by Commissioner Jones to adopt a Proclamation declaring December 6th - 12th, 2020 as National Influenza Vaccination Week. All present voted “Aye.” MOTION PASSED.

35876 APPROVE PAYMENTS OF COUNTY INVOICES.

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

35877 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** DECEMBER 8, 2020 35878 APPROVE COMMISSIONERS COURT MINUTES OF NOVEMBER 24, 2020.

A motion was made by Commissioner Smith, seconded by Commissioner Jones to approve Commissioners Court Minutes of November 24, 2020. All present voted “Aye.” MOTION PASSED.

35879 APPROVE THE PAYMENT OF THE DECEMBER 15, 2020 PAYROLL DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $2,995,000.00 EFFECTIVE DECEMBER 15, 2020 AND POST TOTALS FOR WAGES, WITHHOLDINGS, DEDUCTIONS AND BENEFITS ON THE HAYS COUNTY WEBSITE ONCE FINALIZED.

Marisol Alonzo-Villarreal, Auditor’s Office, requested that an additional $20,638.62 be added to the disbursements for this week. The cost come from the COVID-19 assistance program that was approved by the Commissioner’s court. A motion was made by Commissioner Smith, seconded by Commissioner Jones to approve the payment of the December 15, 2020 payroll disbursements in an amount not to exceed $2,995,000.00 effective December 15, 2020 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voted “Aye.” MOTION PASSED.

35880 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR EIGHT SHORT- TERM RENTAL CABINS (8-ONE BEDROOM COTTAGES) LOCATED AT 4444 W RR 150, KYLE, TX 78640.

A motion was made by Commissioner Smith, seconded by Commissioner Jones to authorize On-Site Sewage Facility Permit for eight short-term rental cabins (8-one bedroom cottages) located at 4444 W RR 150, Kyle, TX 78640. All present voted “Aye.” MOTION PASSED.

35881 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR ICONIC IMPRINT OFFICE/WAREHOUSE BUILDING LOCATED AT 14721 FITZHUGH ROAD, AUSTIN, TEXAS 78737.

A motion was made by Commissioner Smith, seconded by Commissioner Jones to authorize On-Site Sewage Facility Permit for Iconic Imprint office/warehouse building located at 14721 Fitzhugh Road, Austin, Texas 78737. All present voted “Aye.” MOTION PASSED.

35882 APPROVE THE REAPPOINTMENT OF COMMISSIONER LON SHELL TO THE TAX INCREMENT REINVESTMENT ZONE (TIRZ) NUMBER 5 (DOWNTOWN) BOARD OF DIRECTORS FOR A TWO-YEAR TERM EXPIRING ON DECEMBER 31, 2022.

A motion was made by Commissioner Smith, seconded by Commissioner Jones to approve the reappointment of Commissioner Lon Shell to the Tax Increment Reinvestment Zone (TIRZ) Number 5 (Downtown) Board of Directors for a two-year term expiring on December 31, 2022. All present voted “Aye.” MOTION PASSED.

35883 AUTHORIZE PAYMENT OF $939.65 TO AMAZON FOR STANDING DESK CONVERTERS/ERGONOMIC PRODUCTS, WHERE NO PURCHASE ORDER WAS ISSUED AS REQUIRED BY THE COUNTY PURCHASING POLICY.

Jenifer O’Kane, Tax Assessor-Collector, stated she has staff who need a standing desk due to health reasons. Shari Miller, Human Resource Director, informed her the standing desk are a refundable item through the county’s wellness campaign. There was an oversight when placing the order. Shari Miller explained the purchase order has been prepared. A motion was made by Commissioner Jones, seconded by Commissioner Smith to authorize payment of $939.65 to Amazon for Standing Desk Converters/ergonomic products, where no purchase order was issued as required by the County Purchasing Policy. All present voted “Aye.” MOTION PASSED.

35884 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN AMENDMENT TO RIGHT OF REVERTER IN RIGHT OF WAY DEDICATION DEED FOR PROPERTY DONATED BY SUNFIELD MUD #4 ON OR ABOUT DECEMBER 15, 2015 FOR THE FM 2001 WEST REALIGNMENT PROJECT EXTENDING THE TERMINATION DATE OF THE DONATION AN ADDITIONAL FIVE YEARS.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** DECEMBER 8, 2020 Commissioner Jones thanked Sunfield for their donation. He stated that TXDOT will fund the project with State money instead of federal dollars. The Buda bypass should be in this March. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the County Judge to execute an Amendment To Right of Reverter In Right of Way Dedication Deed for property donated by Sunfield MUD #4 on or about December 15, 2015 for the FM 2001 West realignment project extending the termination date of the donation an additional five years. All present voted “Aye.” MOTION PASSED.

35885 APPROVE THE APPOINTMENT OF JOSHUA HARPER TO SERVE ON EMERGENCY SERVICES DISTRICT #2, A TWO YEAR TERM ENDING DECEMBER 31, 2022.

Commissioner Jones thanked all the board members for their service. A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve the appointment of Joshua Harper to serve on Emergency Services District #2, a two year term ending December 31, 2022. All present voted “Aye.” MOTION PASSED.

35886 APPROVE THE REAPPOINTMENT OF STACY MORGAN TO SERVE ON EMERGENCY SERVICES DISTRICT #2, A TWO YEAR TERM ENDING DECEMBER 31, 2022.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve the reappointment of Stacy Morgan to serve on Emergency Services District #2, a two year term ending December 31, 2022. All present voted “Aye.” MOTION PASSED.

35887 APPROVE THE REAPPOINTMENTS OF PAUL KASKIE, SCOTT STEVENS, AND JIM WEATHERFORD TO SERVE ON EMERGENCY SERVICES DISTRICT #8, TWO YEAR TERMS ENDING DECEMBER 31, 2022.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve the reappointments of Paul Kaskie, Scott Stevens, and Jim Weatherford to serve on Emergency Services District #8, two year terms ending December 31, 2022. All present voted “Aye.” MOTION PASSED.

35888 APPROVE THE REAPPOINTMENTS OF SUSAN MECKEL AND ERIC HOLEN TO SERVE ON EMERGENCY SERVICES DISTRICT #5, TWO YEAR TERMS ENDING DECEMBER 31, 2022.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve the reappointments of Susan Meckel and Eric Holen to serve on Emergency Services District #5, two year terms ending December 31, 2022. All present voted “Aye.” MOTION PASSED.

35889 APPROVE THE REAPPOINTMENT OF JAMES HOLT TO THE PLUM CREEK CONSERVATION DISTRICT FOR A FOUR YEAR TERM ENDING DECEMBER 31, 2024.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve the reappointment of James Holt to the Plum Creek Conservation District for a four year term ending December 31, 2024. All present voted “Aye.” MOTION PASSED.

35890 APPROVE THE REAPPOINTMENTS OF JERRY BORCHERDING, DIRECTOR OF TRANSPORTATION, AS THE PRIMARY VOTING MEMBER ON THE TECHNICAL ADVISORY COMMITTEE OF CAMPO, AND WINTON PORTERFIELD, HAYS COUNTY PLANNER, AS THE ALTERNATE VOTING MEMBER.

Commissioner Jones noted a change in the appointments from Tim Van de Vorde to Winton Porterfield. A motion was made by Commissioner Jones, seconded by Commissioner Smith to approve the reappointments of Jerry Borcherding, Director of Transportation, as the primary voting member on the Technical Advisory Committee of CAMPO, and Winton Porterfield, Hays County Planner, as the alternate voting member. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** DECEMBER 8, 2020 35891 APPROVE THE APPOINTMENT OF JOHN NETT, CITY OF BUDA ENGINEER AND FLOODPLAIN ADMINISTRATOR AS THE PRIMARY VOTING MEMBER ON THE TECHNICAL ADVISORY COMMITTEE OF CAMPO, AND APPOINT CHAD GILPIN, CITY OF DRIPPING SPRINGS ENGINEER, AS THE ALTERNATE VOTING MEMBER.

A motion was made by Commissioner Jones, seconded by Commissioner Smith to approve the appointment of John Nett, City of Buda Engineer and Floodplain Administrator as the primary voting member on the Technical Advisory Committee of CAMPO, and appoint Chad Gilpin, City of Dripping Springs Engineer, as the alternate voting member. All present voted “Aye.” MOTION PASSED.

35892 APPROVE THE REAPPOINTMENTS OF DENNIS LANE AND ROBERT LUDDY TO THE BOARD HAYS COUNTY EMERGENCY SERVICES DISTRICT #1, TERMS ENDING DECEMBER 31, 2022.

A motion was made by Commissioner Jones, seconded by Commissioner Smith to approve the reappointments of Dennis Lane and Robert Luddy to the Board Hays County Emergency Services District #1, terms ending December 31, 2022. All present voted “Aye.” MOTION PASSED.

35893 AUTHORIZE THE OFFICE OF EMERGENCY SERVICES TO HOST THE ANNUAL LOCAL EMERGENCY PLANNING COMMITTEE LUNCHEON AND USE $475.00 TO PROVIDE LUNCH FOR THE ATTENDEES.

Judge Becerra thanked Mike Jones for his work on this item. Mike Jones, Emergency Services Director, spoke. A motion was made by Commissioner Jones, seconded by Commissioner Smith to authorize the Office of Emergency Services to host the annual Local Emergency Planning Committee Luncheon and use $475.00 to provide lunch for the attendees. All present voted “Aye.” MOTION PASSED.

35894 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR 2 MOBILE HOMES AT 1851 MATHIAS LN, KYLE, TX 78640.

A motion was made by Commissioner Jones, seconded by Commissioner Smith to authorize On-Site Sewage Facility Permit for 2 mobile homes at 1851 Mathias Ln, Kyle, TX 78640. All present voted “Aye.” MOTION PASSED.

35895 AUTHORIZE A SOLE SOURCE PURCHASE OF TWO PORTACOUNT MASK FIT TESTERS FROM TSI, INC. VALUED AT $36,450 FOR THE LOCAL HEALTH DEPARTMENT RELATED TO COVID-19 RESPONSE AND RECOVERY EFFORTS.

A motion was made by Commissioner Jones, seconded by Commissioner Smith to authorize a sole source purchase of two PortaCount Mask Fit Testers from TSI, Inc. valued at $36,450 for the Local Health Department related to Covid-19 response and recovery efforts. All present voted “Aye.” MOTION PASSED.

35896 APPROVE OUT OF STATE TRAVEL FOR MEMBERS OF THE HAYS COUNTY VETERANS COURT TEAM TO ATTEND THE NATIONAL ASSOCIATION OF DRUG COURT PROFESSIONALS (NADCP) RISE 21 CONFERENCE IN NATIONAL HARBOR, MD MAY 12-15, 2021.

A motion was made by Commissioner Jones, seconded by Commissioner Smith to approve out of state travel for members of the Hays County Veterans Court team to attend the National Association of Drug Court Professionals (NADCP) Rise 21 Conference in National Harbor, MD May 12-15, 2021. All present voted “Aye.” MOTION PASSED.

35897 EXECUTE AN INTERLOCAL AGREEMENT BETWEEN HAYS COUNTY AND THE CITY OF SAN MARCOS RELATED TO THE COUNTY'S OLD BASTROP HIGHWAY (CR 266) PROJECT AS PART OF THE 2016 BOND PROGRAM AND AMEND THE BUDGET ACCORDINGLY.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** DECEMBER 8, 2020 A motion was made by Commissioner Jones, seconded by Commissioner Smith to execute an Interlocal Agreement between Hays County and the City of San Marcos related to the County's Old Bastrop Highway (CR 266) Project as part of the 2016 bond program and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35898 AUTHORIZE THE COUNTY JUDGE TO EXECUTE SUPPLEMENTAL AGREEMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND REYNOLDS, SMITH & HILLS CS, INC. (RS&H) FOR THE FM 1626 SOUTH CONSTRUCTION MANAGEMENT PROJECT AS PART OF THE PASS-THROUGH FINANCE PROGRAM IN HAYS COUNTY, INCREASING THE COMPENSATION CAP BY $198,089 FROM $3,789,155 TO $3,987,244; AUTHORIZE A DISCRETIONARY EXEMPTION PURSUANT TO TEXAS LOCAL GOVERNMENT CODE SECTION 262.024(A)(4).

Commissioner Jones stated there are a few clean up things that need to be completed. There are some liquidated damages that need to be reviewed. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the County Judge to execute Supplemental Agreement No. 3 to the Professional Services Agreement (PSA) between Hays County and Reynolds, Smith & Hills CS, Inc. (RS&H) for the FM 1626 South construction management project as part of the Pass-Through Finance Program in Hays County, increasing the Compensation Cap by $198,089 from $3,789,155 to $3,987,244; authorize a discretionary exemption pursuant to Texas Local Government Code Section 262.024(a)(4). All present voted “Aye.” MOTION PASSED.

35899 AUTHORIZE THE COUNTY JUDGE TO EXECUTE CONTRACT AMENDMENT NO. 2 TO THE CONTRACT BETWEEN HAYS COUNTY AND HNTB CORPORATION ON THE FM 2001 REALIGNMENT (EXTENSION OF WHITE WING TRAIL) WEST PROJECT AS PART OF THE 2016 ROAD BOND PROGRAM.

A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the County Judge to execute Contract Amendment No. 2 to the Contract between Hays County and HNTB Corporation on the FM 2001 Realignment (Extension of White Wing Trail) West project as part of the 2016 Road Bond Program. All present voted “Aye.” MOTION PASSED.

35900 AWARD A CONTRACT FOR IFB 2021-B02 DACY LANE ROAD IMPROVEMENTS TO JORDAN FOSTER CONSTRUCTION, LLC.

Commissioner Jones stated this is the start construction. He noted the project is still under budget. Commissioner Shell congratulated Commissioner Jones and Commissioner Inglasbe. A motion was made by Commissioner Jones, seconded by Commissioner Shell to award a contract for IFB 2021-B02 Dacy Lane Road Improvements to Jordan Foster Construction, LLC. All present voted “Aye.” MOTION PASSED.

35901 APPROVE A CONTINUATION OF THE LOCAL DISASTER DECLARATION ORIGINALLY PROCLAIMED BY THE COUNTY JUDGE ON OR ABOUT MARCH 15, 2020, CONTINUED BY RESOLUTION OF THE COMMISSIONERS COURT ON MARCH 16, 2020 AND EXTENDED BY THE COURT ON JULY 14, 2020 AND SEPTEMBER 15, 2020.

Mark Kennedy, General Counsel, stated the current declaration will expire on December 15, 2020. He suggested a 63-day extension which will stand until February. He noted the court can rescind the declaration at any time with action of the court. A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve a continuation of the Local Disaster Declaration originally proclaimed by the County Judge on or about March 15, 2020, continued by resolution of the Commissioners Court on March 16, 2020 and extended by the Court on July 14, 2020 and September 15, 2020. All present voted “Aye.” MOTION PASSED.

35902 AUTHORIZE THE COUNTY JUDGE TO EXECUTE LETTER AMENDMENT #1 TO THE CONTRACT BETWEEN HAYS COUNTY AND LANGFORD COMMUNITY MANAGEMENT SERVICES RELATED TO RFP2017-P08 CDBG-DR MANAGEMENT SERVICES EXECUTED ON OR ABOUT SEPTEMBER 12, 2017 TO INCREASE THE COMPENSATION FROM $415,000 TO $508,147.24.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** DECEMBER 8, 2020 Commissioner Shell stated the increase on the compensation is still below what the General Land Office (GLO) allows for reimbursements. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the County Judge to execute Letter Amendment #1 to the contract between Hays County and Langford Community Management Services related to RFP2017-P08 CDBG-DR Management Services executed on or about September 12, 2017 to increase the compensation from $415,000 to $508,147.24. All present voted “Aye.” MOTION PASSED.

35903 APPOINT COMMISSIONER SMITH AS A HAYS COUNTY REPRESENTATIVE TO SERVE ON THE CORE 4 POLICY GROUP TO REPLACE THE HAYS COUNTY POSITION PRESENTLY FILLED BY COMMISSIONER INGALSBE.

Commissioner Smith stated he would be happy to serve on the board. Discussion was had about the action to take if Commissioner Smith’s precinct changes and no longer includes a portion of San Marcos. The appointment could be changed at the discretion of the court. A motion was made by Commissioner Jones, seconded by Commissioner Shell to appoint Commissioner Smith as a Hays County representative to serve on the Core 4 Policy Group to replace the Hays County position presently filled by Commissioner Ingalsbe. All present voted “Aye.” MOTION PASSED.

35904 ACCEPT A $52,906.41 SOFTWARE PROPOSAL FROM SHI GOVERNMENT SOLUTIONS FOR THE TRANSPORTATION DEPARTMENT TO UPGRADE THE CARTEGRAPH OPERATIONS & RECORDS MANAGEMENT SYSTEMS TO A WEB-BASED SERVICE (CARTEGRAPH OMS) AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Jones stated this is for the transportation department. This is necessary equipment for their daily work. A motion was made by Commissioner Jones, seconded by Commissioner Shell to accept a $52,906.41 Software Proposal from SHI Government Solutions for the Transportation Department to upgrade the Cartegraph Operations & Records Management Systems to a web-based service (Cartegraph OMS) and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35905 ACCEPT A $8,250 PROPOSAL FROM THE LOWER COLORADO RIVER AUTHORITY (LCRA) RELATED TO FINAL REMOBILIZATION OF THE PSAP/LEC COMMUNICATIONS TOWER AT THE PUBLIC SAFETY BUILDING; AUTHORIZE A DISCRETIONARY EXEMPTION PER TEXAS LOCAL GOVERNMENT CODE 262.024(A)(7)(D) AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Shell stated this item is to relocate the existing tower at the Law Enforcement Center to the new Safety Building. He noted the discretionary exemption is being used since LCRA is the only company the county can use since the equipment and work belong to LCRA. A motion was made by Commissioner Shell, seconded by Commissioner Jones to accept a $8,250 Proposal from the Lower Colorado River Authority (LCRA) related to final remobilization of the PSAP/LEC Communications Tower at the Public Safety Building; authorize a discretionary exemption per Texas Local Government Code 262.024(a)(7)(D) and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35906 AUTHORIZE THE JUSTICE OF THE PEACE PCT. 2 OFFICE TO HIRE THE JUSTICE CLERK, SLOT 0855-006 AT THE 25TH PERCENTILE EFFECTIVE DECEMBER 16, 2020.

Commissioner Jones noted the person that will fill this position has experience with the county. She will fit into this position well which is why the request is being made. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the Justice of the Peace Pct. 2 Office to hire the Justice Clerk, slot 0855-006 at the 25th percentile effective December 16, 2020. All present voted “Aye.” MOTION PASSED.

35907 AUTHORIZE THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE HAYS COUNTY VETERAN'S TREATMENT COURT AND INFINITE RECOVERY RELATED TO TREATMENT SERVICES FOR VETERANS.

Commissioner Jones stated this is a good program. A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize the execution of a Memorandum of Understanding between the Hays County Veteran's Treatment Court and Infinite Recovery related to treatment services for veterans. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** DECEMBER 8, 2020 35908 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND GARVER, LLC FOR PROFESSIONAL ENGINEERING, ENVIRONMENTAL AND SURVEYING SERVICES RELATED TO THE ENTRY ROAD TO SENTINEL PEAK PRESERVE.

Commissioner Shell stated this contract is being brought back to court to include the service road that will access the Sentinel Peak Reserve. He noted funds for this project will come from the 07 Park Bond and the Roads Department. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the County Judge to execute a Professional Services Agreement (PSA) between Hays County and Garver, LLC for professional engineering, environmental and surveying services related to the entry road to Sentinel Peak Preserve and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35909 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN INTERLOCAL AGREEMENT FOR OPERATIONS AND MAINTENANCE OF THE COMBINED EMERGENCY COMMUNICATIONS CENTER BETWEEN HAYS COUNTY, THE CITY OF KYLE, TEXAS, THE CITY OF BUDA, TEXAS, AND TEXAS STATE UNIVERSITY FOR COMBINED EMERGENCY COMMUNICATION SERVICES, AND AUTHORIZE THE AUDITOR’S OFFICE TO PRORATE THE ANNUAL CHARGES TO PARTNER AGENCIES FOR THE PARTIAL FY21. PRORATED COSTS FOR FY 21 WILL BE BILLED BASED ON THE FIRST DAY OF OPERATION FOR EACH AGENCY, WHICH IS THE DATE THE AGENCY’S EMERGENCY CALLS ARE PROCESSED BY THE CECC. THE SHERIFF WILL NOTIFY THE AUDITOR’S OFFICE OF EACH AGENCY’S FIRST DAY OF OPERATION.

Commissioner Shell stated the county has been working with their partners to get this completed. He noted there are other boards that conduct oversight on this agreement. This new system will help communications for emergencies and disasters. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the County Judge to execute an Interlocal Agreement for Operations and Maintenance of the Combined Emergency Communications Center between Hays County, the City of Kyle, Texas, the City of Buda, Texas, and Texas State University for combined emergency communication services, and authorize the Auditor’s Office to prorate the annual charges to partner agencies for the partial FY21. Prorated costs for FY 21 will be billed based on the first day of operation for each agency, which is the date the agency’s emergency calls are processed by the CECC. The Sheriff will notify the Auditor’s Office of each agency’s first day of operation. All present voted “Aye.” MOTION PASSED.

35910 EXECUTE A $70,820 MASTER SERVICES AGREEMENT WITH NEMO-Q, INC. PURSUANT TO RFP 2020-P12 FOR A CUSTOMER MANAGEMENT QUEUING SYSTEM AND AMEND THE BUDGET ACCORDINGLY.

Jeff McGill, Director of Information Technology, stated this contract with Nemo-Q has been finalized. This queuing system will be available to the public at the Hays County Government Center in San Marcos before end of the year. Other areas will be available in January or February. Kiosks are currently installed in the tax office, county clerk’s office, and the Dripping Springs precinct building. Additional kiosks will be installed in the rotunda area in the Hays County Government Center. The existing kiosks at the precinct building will be reprogramed and moved to public areas. Mark Kennedy, General Counsel, noted for the recorded that there are a few non- substantive changes that still need to be made. Marisol Alonzo-Villarreal, Auditor, stated that funding for an additional $6,000.00 would need to be agreed next year. The funding will depend on the placement of the kiosks. A motion was made by Commissioner Jones, seconded by Commissioner Shell to execute a $70,820 Master Services Agreement with Nemo-Q, Inc. pursuant to RFP 2020-P12 for a Customer Management Queuing System and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

Clerk’s Note: Executive Session began at 10:27 a.m. and resumed back into open court at 11:10 a.m.

35911 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE OR VALUE OF RIGHT OF WAY ALONG PROPOSED FM110 IN PCT 1. POSSIBLE ACTION TO FOLLOW IN OPEN COURT.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** DECEMBER 8, 2020 A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize execution of a possession and use agreement between F.M. 158 Land, Ltd and Hays County, Texas related to the eventual acquisition and the present possession and use of approximately 17.599 acres of land in Precinct 1, as presented in Executive Session. All present voted “Aye.” MOTION PASSED.

35912 EXECUTIVE SESSION PURSUANT TO SECTION 551.071 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND THE AUDITOR'S OFFICE HAYS COUNTY USE OF CARES ACT FUNDING PURSUANT TO THE COVID-19 LOCAL DISASTER DECLARATION. POSSIBLE ACTION TO FOLLOW IN OPEN COURT.

Vickie Dorsett, Auditor’s office announced the modifications that have been made. She listed the deadlines for the applications and the qualifications for the cap limits. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize execution of an amendment to the agreement between Hays County and Blanco River Regional Recovery Team (BR3T) Allowing for an increase to funding provided under the agreement , as discussed in Executive Session and pursuant to the assistant categories, amounts, caps, and clarifications stated by the Auditor’s Office. All present voted “Aye.” MOTION PASSED.

EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE APPOINTMENT AND DUTIES OF THE HAYS COUNTY JUSTICE OF THE PEACE IN PRECINCT 5 OFFICE. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

No action was taken.

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

Judge Becerra stated the burn ban is still in effect as recommended by the Fire Marshall. No action was taken.

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 $44905.00 for the week of November 22 – November 28, 2020. The number of outsourced males was 130 inmates and females were 0 inmates. The number of arrest made by agency are as follows; Buda Police Department - 1, Department of Public Safety – 4, Hays County Sheriff’s Department – 27, this includes court ordered commitments, warrant pick-ups from all agencies, and self-surrender warrants from all agencies, Kyle Police Department – 22, San Marcos Police Department - 23, Texas State Police Department – 1. No action taken.

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 11:23 p.m.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** DECEMBER 8, 2020 I, ELAINE H. CÁRDENAS, COUNTY CLERK and EXOFFICIO CLERK OF THE COMMISSIONERS’ COURT, do hereby certify that the foregoing contains a true and accurate record of the proceedings had by the Hays County Commissioners’ Court on December 8, 2020.

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

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** DECEMBER 22, 2020

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 22nd DAY OF DECEMBER 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 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.

WITH JUDGE BECERRA BEING ABSENT AND THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS:

Chaplain Javier Maldonado of the Christus Hospice Central Texas 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 made a public comment regarding the Hays County Appraisal District.

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

Alex Villalobos, Chief of Staff and Emergency Management Coordinator, stated the county is anticipating a surge in numbers of positive COVID-19 cases after the holidays. He noted county staff is preparing to receive deliveries of vaccinations for COVID-19. No action was taken.

35913 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.

35914 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.

35915 APPROVE COMMISSIONERS COURT MINUTES OF DECEMBER 8, 2020.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve Commissioners Court Minutes of December 8, 2020. All present voted “Aye.” MOTION PASSED.

35916 APPROVE THE PAYMENT OF THE DECEMBER 31, 2020 PAYROLL DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $3,800,000.00 EFFECTIVE DECEMBER 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 December 31, 2020 payroll disbursements in an amount not to exceed $3,800,000.00 effective December 31, 2020 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** DECEMBER 22, 2020 35917 AUTHORIZE THE OFFICE OF EMERGENCY SERVICES TO PURCHASE ONE 6-BAY RADIO BANK CHARGER VALUED AT $639.93 FROM THE LOWER COLORADO RIVER AUTHORITY (LCRA); AUTHORIZE A DISCRETIONARY EXEMPTION PER TEXAS LOCAL GOVERNMENT CODE 262.024(A)(7)(D) AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the Office of Emergency Services to purchase one 6-Bay Radio Bank Charger valued at $639.93 from the Lower Colorado River Authority (LCRA); authorize a discretionary exemption per Texas Local Government Code 262.024(a)(7)(D) and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35918 RATIFY THE ACCEPTANCE OF A GRANT AMENDMENT TO DEPARTMENT OF STATE HEALTH SERVICES (DSHS) FOR THE COVID-19 FUNDING RELATED TO TEMPORARY PERSONNEL AND AMEND THE BUDGET ACCORDINGLY.

Tammy Crumley, Director of Countywide Operations, stated these funds will be used to keep the temporary staff for COVID-19 purposes. A motion was made by Commissioner Jones, seconded by Commissioner Smith to ratify the acceptance of a grant amendment to Department of State Health Services (DSHS) for the COVID-19 Funding related to temporary personnel and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35919 AUTHORIZE PAYMENT TO COWBOY HARLEY-DAVIDSON OF AUSTIN FOR REPLACEMENT AND BALANCE OF A REAR AND FRONT TIRE, 10K MILE SERVICE, AND REPLACEMENT OF FRONT BRAKE PAD IN THE AMOUNT OF $1,058.14 FOR THE HAYS COUNTY CONSTABLE, PCT. 4 OFFICE, WHERE NO PURCHASE ORDER WAS ISSUED AS REQUIRED BY THE COUNTY PURCHASING POLICY.

A motion was made by Commissioner Jones, seconded by Commissioner Smith to authorize payment to Cowboy Harley-Davidson of Austin for replacement and balance of a rear and front tire, 10K mile Service, and replacement of front brake pad in the amount of $1,058.14 for the Hays County Constable, Pct. 4 Office, where no purchase order was issued as required by the County Purchasing Policy. All present voted “Aye.” MOTION PASSED.

35920 APPROVE THE REAPPOINTMENT OF SAMANTHA TUZO TO THE HAYS COUNTY CHILD PROTECTIVE BOARD, 3 YEAR TERM ENDING DECEMBER 31, 2023.

A motion was made by Commissioner Jones, seconded by Commissioner Smith to approve the reappointment of Samantha Tuzo to the Hays County Child Protective Board, 3 year term ending December 31, 2023. All present voted “Aye.” MOTION PASSED.

35921 APPROVE THE REAPPOINTMENTS OF SHARON O'BRIEN AND TOM RICHEY TO THE BOARD OF EMERGENCY SERVICES DISTRICT #3, TWO YEAR TERMS ENDING DECEMBER 31, 2022.

Commissioner Ingalsbe noted that several of the agenda items are for appointments or reappointments of boards. She thanked all the people for their willingness to serve. A motion was made by Commissioner Jones, seconded by Commissioner Smith to approve the reappointments of Sharon O'Brien and Tom Richey to the Board of Emergency Services District #3, two year terms ending December 31, 2022. All present voted “Aye.” MOTION PASSED.

35922 APPROVE THE REAPPOINTMENT OF ROGER BOYD TO THE BOARD OF EMERGENCY SERVICES DISTRICT #9, TWO YEAR TERM ENDING DECEMBER 31, 2022.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve the reappointment of Roger Boyd to the Board of Emergency Services District #9, two year term ending December 31, 2022. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** DECEMBER 22, 2020 35923 APPROVE THE REAPPOINTMENTS OF RON SPANGENBERG, JOHN WHITE, AND EDDIE GUMBERT FOR THE BOARD OF EMERGENCY SERVICES DISTRICT #4, TWO YEAR TERMS ENDING DECEMBER 31, 2022.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve the reappointments of Ron Spangenberg, John White, and Eddie Gumbert for the Board of Emergency Services District #4, two year terms ending December 31, 2022. All present voted “Aye.” MOTION PASSED.

35924 APPROVE THE REAPPOINTMENT OF BRUCE SCHNEIDER AND CARLA SISK TO THE BOARD OF EMERGENCY SERVICES DISTRICT #9, TWO YEAR TERMS ENDING DECEMBER 31, 2022.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve the reappointment of Bruce Schneider and Carla Sisk to the Board of Emergency Services District #9, two year terms ending December 31, 2022. All present voted “Aye.” MOTION PASSED.

35925 APPROVE THE REAPPOINTMENT OF ROSS BRITT TO THE BOARD FOR EMERGENCY SERVICES DISTRICT #3, TWO YEAR TERM ENDING DECEMBER 31, 2022.

Commissioner Jones thanked everyone for serving on the mentioned boards. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to Approve the reappointment of Ross Britt to the Board for Emergency Services District #3, two year term ending December 31, 2022. All present voted “Aye.” MOTION PASSED.

35926 APPROVE THE CANCELATION OF HAYS COUNTY COMMISSIONERS COURT ON JANUARY 19, FEBRUARY 2, MARCH 16, APRIL 6, MAY 25, JUNE 29, OCTOBER 12, NOVEMBER 30, AND DECEMBER 28, 2021.

Commissioner Ingalsbe noted theses cancellations are due to counited educations opportunities for the court members. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve the cancelation of Hays County Commissioners Court on January 19, February 2, March 16, April 6, May 25, June 29, October 12, November 30, and December 28, 2021. All present voted “Aye.” MOTION PASSED.

35927 APPROVE UTILITY PERMITS.

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

35928 AUTHORIZE THE VETERAN'S ADMINISTRATION OFFICE TO PURCHASE ONE NEW DELL LATITUDE 5410 WITH ACCESSORIES VALUED AT $1,254.00 AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the Veteran's Administration Office to purchase one new Dell Latitude 5410 with accessories valued at $1,254.00 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35929 AUTHORIZE THE JUSTICE OF THE PEACE PCT. 3 OFFICE TO PURCHASE ONE REPLACEMENT FUJITSU FI-7180 SCANNER VALUED AT $1,469.99 UTILIZING THE JUSTICE COURT TECHNOLOGY FUND AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the Justice of the Peace Pct. 3 Office to purchase one replacement Fujitsu fi-7180 Scanner valued at $1,469.99 utilizing the Justice Court Technology Fund and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** DECEMBER 22, 2020 35930 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR THE SUDS MONKEY BREWING COMPANY LOCATED AT 12024 W US 290, AUSTIN, TEXAS 78737.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize On-Site Sewage Facility Permit for the Suds Monkey Brewing Company located at 12024 W US 290, Austin, Texas 78737. All present voted “Aye.” MOTION PASSED.

35931 ACCEPT $6,000.00 IN CONTRIBUTIONS ON BEHALF OF THE HAYS COUNTY CHILD PROTECTIVE BOARD AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Ingalsbe thanked all the donors for their contributions to the Hays County Child Protective Board. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to accept $6,000.00 in contributions on behalf of the Hays County Child Protective Board and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35932 AMEND VARIOUS DEPARTMENTAL OPERATING, SPECIAL REVENUE AND CAPITAL PROJECT BUDGETS IN PREPARATION THE COUNTY'S FY 2020 YEAR-END PROCESS.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to amend various departmental operating, special revenue and capital project budgets in preparation the County's FY 2020 year-end process. All present voted “Aye.” MOTION PASSED.

35933 ACCEPT A $100,000.00 GRANT DONATION FROM THE BURDINE JOHNSON FOUNDATION FOR THE HAYS COUNTY HISTORICAL JAIL RESTORATION PROJECT AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Ingalsbe thanked the Burdine Johnson Foundation for their support of the Jail restoration. Kate Johnson, Historic Commission, stated the Burdine Johnson Foundation has opened other opportunities to reach out to other foundations. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to accept a $100,000.00 grant donation from The Burdine Johnson Foundation for the Hays County Historical Jail Restoration Project and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35934 AMEND ALL CONSTABLE PRECINCT OFFICES OPERATING BUDGET FOR UNIFORM EXPENSES AS OUTLINED TO THE NEW COLLECTIVE BARGAINING AGREEMENT.

Constable Hood stated that the current uniform description is too restrictive. He asked the court to reconsider including additional items. Mark Kennedy, General Counsel, stated the court could acquire the additional items as equipment. Vickie Dorsett, Auditor’s office, noted a policy change could be made for the Constable’s office so that they do not have to come to court for approval for each additional item. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to amend all Constable Precinct Offices operating budget for uniform expenses as outlined to the new Collective Bargaining Agreement. All present voted “Aye.” MOTION PASSED.

35935 AUTHORIZE THE COUNTY JUDGE TO SUPPORT THE DOWNTOWN ASSOCIATION IN COLLABORATION WITH THE DUNBAR HERITAGE ASSOCIATION, CENTRO CULTURAL HISPANO DE SAN MARCOS, AND THE INDIGENOUS CULTURES INSTITUTE WHO HAVE JOINED TOGETHER TO CREATE A MURAL OF INSPIRATION CALLED CELEBRATE DIVERSITY USING $250.00 OF THE COUNTY JUDGE'S AVAILABLE COMMUNITY PROGRAM FUND AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Judge to support the Downtown Association in collaboration with the Dunbar Heritage Association, Centro Cultural Hispano de San Marcos, and the Indigenous Cultures Institute who have joined together to create a mural of inspiration called Celebrate Diversity using $250.00 of the County Judge's available Community Program fund and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** DECEMBER 22, 2020 35936 APPROVE SPECIFICATIONS FOR RFQ 2021-Q04 GENERAL CONSULTANT FOR PROGRAM MANAGEMENT SERVICES AND AUTHORIZE PURCHASING TO SOLICIT FOR PROPOSALS AND ADVERTISE.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve specifications for RFQ 2021-Q04 General Consultant for Program Management Services and authorize Purchasing to solicit for proposals and advertise. All present voted “Aye.” MOTION PASSED.

35937 APPROVE SPECIFICATIONS FOR RFP 2021-P01 ELEVATOR MAINTENANCE AND REPAIR SERVICES AND AUTHORIZE PURCHASING TO SOLICIT FOR PROPOSALS AND ADVERTISE.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve specifications for RFP 2021-P01 Elevator Maintenance and Repair Services and authorize Purchasing to solicit for proposals and advertise. All present voted “Aye.” MOTION PASSED.

35938 APPROVE THE SELECTION OF BGE, INC. TO PERFORM CONSTRUCTION ENGINEERING AND INSPECTION SERVICES FOR THE DACY LANE RECONSTRUCTION PROJECT IN PRECINCT 2; AND AUTHORIZE STAFF AND COUNSEL TO NEGOTIATE A CONTRACT.

Commissioner Jones stated this project will begin in February. Commissioner Ingalsbe stated both her and Commissioner Jones are excited to get this project started. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve the selection of BGE, Inc. to perform Construction Engineering and Inspection services for the Dacy Lane Reconstruction Project in Precinct 2; and authorize staff and counsel to negotiate a contract. All present voted “Aye.” MOTION PASSED.

35939 APPROVE THE SELECTION OF HDR INC. TO PERFORM CONSTRUCTION ENGINEERING AND INSPECTION SERVICES FOR THE RM 3237 AT RM 150 ROUNDABOUT PROJECT IN PRECINCT 3; AND AUTHORIZE STAFF AND COUNSEL TO NEGOTIATE A CONTRACT.

Commissioner Shell stated this is a dangerous intersection. There are some great improvement ideas for this project. A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve the selection of HDR Inc. to perform Construction Engineering and Inspection services for the RM 3237 at RM 150 roundabout project in Precinct 3; and authorize staff and counsel to negotiate a contract. All present voted “Aye.” MOTION PASSED.

35940 RELEASE OF THE MAINTENANCE BOND #1059746 IN THE AMOUNT OF $93,520.55 AND THE ACCEPTANCE OF ROADS INTO THE COUNTY ROAD MAINTENANCE SYSTEM FOR RUTHERFORD WEST SUBDIVISION, SECTION 4.

Commissioner Jones stated there is staff recommendation for this item. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to release of the maintenance bond #1059746 in the amount of $93,520.55 and the acceptance of roads into the county road maintenance system for Rutherford West subdivision, Section 4. All present voted “Aye.” MOTION PASSED.

35941 RELEASE OF THE REVEGETATION BOND #PB03016800381 IN THE AMOUNT OF $59,538.00 FOR RUTHERFORD WEST SUBDIVISION, SECTION 5.

Commissioner Jones stated there is staff recommendation for this item. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to release of the revegetation bond #PB03016800381 in the amount of $59,538.00 for Rutherford West subdivision, Section 5. All present voted “Aye.” MOTION PASSED.

35942 APPROVE THE SELECTION OF GARVER, LLC TO PROVIDE ENGINEERING DESIGN SERVICES FOR DRAINAGE AND LOW WATER CROSSING IMPROVEMENTS AT BEAR CREEK PASS AND SYCAMORE CREEK DRIVE PROJECT IN PRECINCT 4; AND TO AUTHORIZE STAFF AND COUNSEL TO NEGOTIATE A CONTRACT.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** DECEMBER 22, 2020 Commissioner Smith noted this is part of the 2015 roads bond project. There are some changes that are needed. A motion was made by Commissioner Smith, seconded by Commissioner Jones to approve the selection of Garver, LLC to provide engineering design services for drainage and low water crossing improvements at Bear Creek Pass and Sycamore Creek Drive project in Precinct 4; and to authorize staff and counsel to negotiate a contract. All present voted “Aye.” MOTION PASSED.

35943 ACCEPT FISCAL SURETY FOR THE CONSTRUCTION OF STREET AND DRAINAGE IMPROVEMENTS IN THE AMOUNT OF $724,309.50 FOR TRAILS AT WINDY HILL, PHASE THREE SUBDIVISION (BOND # 7901052373).

Commissioner Jones stated there is staff recommendation for this item. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to accept fiscal surety for the construction of street and drainage improvements in the amount of $724,309.50 for Trails at Windy Hill, Phase Three Subdivision (Bond # 7901052373). All present voted “Aye.” MOTION PASSED.

35944 ACCEPT THE MAINTENANCE BOND RIDER EXTENSION #1060750 UNTIL JUNE 30, 2021 FOR SUNFIELD SUBD., PHASE 2, SECTION 8.

Commissioner Jones stated there is staff recommendation for this item. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to accept the maintenance bond rider extension #1060750 until June 30, 2021 for Sunfield subd., Phase 2, Section 8. All present voted “Aye.” MOTION PASSED.

35945 ACCEPT THE MAINTENANCE BOND RIDER EXTENSION #1848963 UNTIL JUNE 30, 2021 FOR SHADOW CREEK SUBD., PHASE 9, SECTION 2.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to accept the maintenance bond rider extension #1848963 until June 30, 2021 for Shadow Creek subd., Phase 9, Section 2. All present voted “Aye.” MOTION PASSED.

35946 ACCEPT THE MAINTENANCE BOND RIDER EXTENSION #1060751 UNTIL JUNE 30, 2021 FOR SUNFIELD SUBD., PHASE 2, SECTION 11.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to accept the maintenance bond rider extension #1060751 until June 30, 2021 for Sunfield subd., Phase 2, Section 11. All present voted “Aye.” MOTION PASSED.

35947 ACCEPT LETTER OF CREDIT NO. 1041 FOR STREET AND DRAINAGE IMPROVEMENTS FOR 6 CREEKS PHASE 1 SECTION 5A IN THE AMOUNT OF $287,381.45.

A motion was made by Commissioner Smith, seconded by Commissioner Jones to accept Letter of Credit No. 1041 for street and drainage improvements for 6 Creeks Phase 1 Section 5A in the amount of $287,381.45. All present voted “Aye.” MOTION PASSED.

35948 GRANT A VARIANCE FROM TABLE 10-1 OF THE HAYS COUNTY RULES FOR ON-SITE SEWAGE FACILITIES; PLN-1568-PC WOODCREEK, SECTION 8, LOTS 228 - 231, AMENDED PLAT.

Commissioner Shell stated this reduces the potential future density for this lot. Caitlyn Strickland, Director of Development Services, stated the proposal of the property owners is to combine 4 lots. She noted staff has reviewed the lots as well as the septic system. A motion was made by Commissioner Shell, seconded by Commissioner Jones to grant a variance from Table 10-1 of the Hays County Rules for On-Site Sewage Facilities; PLN-1568-PC Woodcreek, Section 8, Lots 228 - 231, Amended Plat. All present voted “Aye.” MOTION PASSED.

35949 AUTHORIZE THE HAYS COUNTY HUMAN RESOURCES DEPARTMENT TO CONTINUE TO MAKE PURCHASES UTILIZING WELLNESS FUNDS ASSOCIATED WITH THE COUNTY'S UNITED HEALTHCARE PLAN.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** DECEMBER 22, 2020 Shari Miller, Director of Human Resources, stated per the request of the Auditor’s office, she would like to get court approval for the purchasing of the wellness products. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the Hays County Human Resources Department to continue to make purchases utilizing wellness funds associated with the county's United Healthcare plan. All present voted “Aye.” MOTION PASSED.

35950 AUTHORIZE COMMISSIONER INGALSBE IN THE COUNTY JUDGE’S ABSENCE TO EXECUTE AN INDIGENT CARE AFFILIATION AGREEMENT BETWEEN HAYS COUNTY AND CHRISTUS SANTA ROSA HEALTH CARE CORPORATION DBA CHRISTUS SANTA ROSA HOSPITAL, FOR PARTICIPATION IN THE SECTION 1115 WAIVER PROGRAM.

Commissioner Shell stated this is a simple name change on the affiliation agreement. Commissioner Ingalsbe stated she appreciates the partnerships with local hospitals. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize Commissioner Ingalsbe in the County Judge’s absence to execute an Indigent Care Affiliation Agreement between Hays County and CHRISTUS Santa Rosa Health Care Corporation dba CHRISTUS Santa Rosa Hospital, for participation in the Section 1115 Waiver Program. All present voted “Aye.” MOTION PASSED.

Clerk’s Note: Item 39 was reopened to make an amendment to the motion from Judge Becerra to Commissioner Ingalsbe to authorize the name change on the agreement.

35951 AUTHORIZE COMMISSIONER INGALSBE TO EXECUTE A PADILLA CONSULTATION AGREEMENT BETWEEN HAYS COUNTY AND CAPITAL AREA PRIVATE DEFENDER SERVICE (CAPDS) INVOLVING THE REGIONAL PADILLA COMPLIANCE PILOT PROJECT TO BE PAID FOR BY A TECHNICAL ASSISTANCE GRANT AWARDED BY THE TEXAS INDIGENT DEFENSE COMMISSION (TIDC).

Commissioner Shell stated this is a name change on the agreement. Mark Kennedy, General Counsel, stated there should be an amendment to the motions for items 39 and 40 to change the authorization from Judge Becerra to Commissioner Ingalsbe. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize Commissioner Ingalsbe to execute a Padilla Consultation Agreement between Hays County and Capital Area Private Defender Service (CAPDS) involving the Regional Padilla Compliance Pilot Project to be paid for by a Technical Assistance Grant awarded by the Texas Indigent Defense Commission (TIDC). All present voted “Aye.” MOTION PASSED.

35952 ACCEPT A $3,491.00 PROPOSAL FROM THE LOWER COLORADO RIVER AUTHORITY (LCRA) RELATED TO RELOCATING THE FLOOD WARNING ANTENNA AT THE PUBLIC SAFETY BUILDING; AUTHORIZE A DISCRETIONARY EXEMPTION PER TEXAS LOCAL GOVERNMENT CODE 262.024(A)(7)(D) AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to accept a $3,491.00 Proposal from the Lower Colorado River Authority (LCRA) related to relocating the Flood Warning Antenna at the Public Safety Building; authorize a discretionary exemption per Texas Local Government Code 262.024(a)(7)(D) and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35953 ACCEPT A $4,410.00 PROPOSAL FROM WATER & EARTH TECHNOLOGY (WET) RELATED TO RELOCATING THE FLOOD WARNING ANTENNA AT THE PUBLIC SAFETY BUILDING; AUTHORIZE A DISCRETIONARY EXEMPTION PER TEXAS LOCAL GOVERNMENT CODE 262.024(A)(7)(D) AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Ingalsbe stated this is a coordinated effort between LCRA and Water & Earth to move these antennas to the Public Safety building. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to accept a $4,410.00 Proposal from Water & Earth Technology (WET) related to relocating the Flood Warning Antenna at the Public Safety Building; authorize a discretionary exemption per Texas Local Government Code 262.024(a)(7)(D) and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

Clerk’s Note Agenda Item #43 RE: DISCUSSION AND POSSIBLE ACTION TO AUTHORIZE THE COUNTY CLERK TO RE-GRADE AND RE-TITLE THE BOOKKEEPER, SLOT 0450-003 (GRADE 109) TO AN ACCOUNTANT I (GRADE 113) EFFECTIVE JANUARY 1, 2021. – WAS PULLED.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** DECEMBER 22, 2020 DISCUSSION RELATED TO THE RECONSTITUTION OF THE HAYS COUNTY PARKS AND OPEN SPACE ADVISORY COMMISSION (POSAC). POSSIBLE ACTION MAY FOLLOW.

Commissioner Shell stated that he would not like to take any action on this item at this time. Instead they could use it as a reminder. He stated he would bring this back to court later. No action was taken.

35954 APPROVE THE PURCHASE AND INSTALLATION OF SAFETY HANDRAILS FOR THE TRANSPORTATION DEPARTMENT'S TWO PAVING OIL DISTRIBUTORS, 217 & 273 AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Jones stated the machine operator has no protection. The handrails will act as a safety measure. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve the purchase and installation of safety handrails for the Transportation Department's two paving oil distributors, 217 & 273 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

Clerk’s Note: Executive Session began at 9:50 a.m. and resumed back into open court at 10:32 a.m.

35955 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 RECOIL. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to accept the recommendation of the ECAP Awards Committee, per its memo dated December 17, 2020, and to authorize modification of the ECAP policy to integrate those recommendations into its review of applications for assistance. “Special Case Reviews” under section 3 should include some detail about why it was considered and what considerations were made. All present voted “Aye.” MOTION PASSED.

EXECUTIVE SESSION PURSUANT TO SECTION 551.071 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND THE AUDITOR'S OFFICE HAYS COUNTY USE OF CARES ACT FUNDING PURSUANT TO THE COVID-19 LOCAL DISASTER DECLARATION. 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 stated the burn ban is still in effect as recommended by the Fire Marshall. Nathan Mendenhall, Fire Marshall stated the burn ban is still in effect as there has not been enough rain. There are no restrictions of fireworks currently. No action was taken.

Clerk’s Note Agenda Item #49 RE: DISCUSSION RELATED TO THE HAYS COUNTY INMATE POPULATION, TO INCLUDE CURRENT POPULATION COUNTS AND COSTS. – WAS PULLED.

Clerk’s Note Agenda Item #50 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 #51 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED.

ADJOURNMENT

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to adjourn court at 10:34 a.m.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** DECEMBER 22, 2020

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

***** ***** 34711 Adopt a Proclamation Declaring January 20, 2020 As Dr. Martin Luther King, Jr. Day. 2 Presentation by Th

* * 34711 Adopt a Proclamation Declaring January 20, 2020 As Dr. Martin Luther King, Jr. Day. 2 Presentation by Th