HAYS COUNTY COMMISSIONERS' COURT MINUTES

VOLUME T PAGE 268 ***** ***** SEPTEMBER 27, 2005

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 27TH DAY OF SEPTEMBER A.D., 2005, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:

JAMES L. POWERS COUNTY JUDGE DEBBIE GONZALES INGALSBE COMMISSIONER, PCT. 1 H. S. “SUSIE” CARTER COMMISSIONER, PCT. 2 WILL CONLEY COMMISSIONER, PCT. 3 RUSS G. MOLENAAR COMMISSIONER, PCT. 4 LINDA C. FRITSCHE DEPUTY COUNTY CLERK

WHEN THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS:

Judge Powers called the meeting to order and gave the invocation and Commissioner Ingalsbe led the Court in the Pledge of Allegiance to the Flags.

22909 ACTION TO RESCIND THE DISASTER DECLARATION DUE TO HURRICANE RITA ENACTED BY COUNTY JUDGE JIM POWERS PURSUANT TO SECTION 418.108, TEXAS GOVERNMENT CODE [T1-31]

Fire Marshal/EMC Mark Chambers thanked the people and organizations that were involved in this emergency situation. He spoke of an information meeting that was held on Thursday with various entities and the opening of the Emergency Operation Center. He also spoke of approximately 600 evacuees that were assisted at the local shelter. He thanked everyone for their support. A motion was made by Commissioner Carter, seconded by Commissioner Conley to rescind the Disaster Declaration that was proclaimed by the County Judge on September 22, 2005. All voting “Aye”.

22910 APPROVE BUDGET AMENDMENT # 05-43

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Carter to approve Budget Amendment #05-43 as proposed by the County Auditor. All voting “Aye”.

22911 APPROVE PAYMENT OF COUNTY INVOICES

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Carter to approve payment of county invoices in the amount of $603,224.42 as presented by the County Auditor. All voting “Aye”.

22912 APPROVE UTILITY PERMIT #01841

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Carter to approve Utility Permit #01841 on Cr132/Cement Road issued to City of Buda as submitted by the Hays County Road Department. All voting “Aye”.

22913 AWARD CONTRACT FOR “REGULATORY, WARNING AND OTHER ROAD SIGNS” TO MULTIPLE VENDORS

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Carter to award contract (Bid #2005-B11) for “Regulatory, Warning and other Road Signs” to multiple vendors as recommended by the Purchasing Department and Road Department. All voting “Aye”.

22914 APPROVE SPECIFICATIONS FOR CONSTRUCTION OF “HILLSIDE TERRACE” AND AUTHORIZE PURCHASING TO SOLICIT FOR BID AND ADVERTISE

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Carter to approve specifications (Bid #2006-B01) for construction of “Hillside Terrace” and authorize Purchasing to solicit for bid and advertise. All voting “Aye”.

22915 AUTHORIZE THE COUNTY JUDGE TO ACCEPT $13,303 SUB AWARD GRANT FOR FOR THE COUNTY’S PARTICIPATION IN THE ALERRT PROGRAM

This annual sub award from TSU is for the Advanced Law Enforcement Rapid Response Training (ALERRT) Program (for 2 months only). Grants funds will be used to pay the salary/benefits of Hays County SO Sgt. Burn who provides training and support for the program. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Carter to authorize the County Judge to accept $13,303 sub award grant for Texas State University for the County ‘s participation in the ALERRT Program. All voting “Aye”.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

SEPTEMBER 27, 2005 ***** ***** VOLUME T PAGE 269

22916 APPROVE CONTRACT RENEWAL WITH THE CENTERS FOR DISEASE CONTROL AND PREVENTION AND THE DSHS FOR COOPERATIVE AGREEMENT WORK PLAN FOR PUBLIC HEALTH PREPAREDNESS AND EMERGENCY RESPONSE FOR BIOTERRORISM

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Carter to approve contract renewal with the Centers for Disease Control and Prevention and the DSHS for Cooperative Agreement Work Plan for Public Health Preparedness and Emergency Response for Bioterrorism. All voting “Aye”.

22917 AUTHORIZE THE COUNTY JUDGE TO EXECUTE RE-ENROLLMENT IN TEXAS LIFE INDIVIDUAL VOLUNTARY LIFE INSURANCE

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Carter to authorize the County Judge to execute re-enrollment in Texas Life Individual Voluntary Life Insurance. All voting “Aye”.

Clerk’s Note: Agenda Item #9 RE: ACCEPT ROAD CONSTRUCTION, DRAINAGE IMPROVEMENTS, AND A TWO YEAR MAINTENANCE BOND BY CAPITAL EXCAVATION FOR HEIDENREICH LANE, CR 152 was PULLED. No discussion and no action.

22918 ACTION TO COMMIT $700,000 FROM HAYS COUNTY PARKS BOND FUNDS FOR THE RECHARGE AREA PROJECT [T1-185]

Elizabeth Arceneaur spoke in support of more greenbelt land in San Marcos. Sheran Seif spoke in support of preserving the aquifer. George Boemerman spoke in support of this particular parkland. Charles O’Dell (Hays CAN) spoke of alternative uses for this property that have economic value and encouraged the court to support this project. Jim Green spoke in opposition to this project – it is not a park, only an open space – removal of land from the tax roll is a problem in this area. He spoke of problems with and investigation of the Texas Nature Conservancy. Dianne Wassenich ( Foundation) thanked the court for support of the parks bond and for multiplying that money to make green spaces and park land throughout the county. She spoke in support of this greenspace. San Marcos Mayor Susan Narvaiz read from the memorandum of understanding adopted on 5/18/05 between the City of San Marcos, Texas State University and Hays County. She spoke of $2 million commitment that will be voted on by San Marcos voters. Bill Cunningham spoke in support of this project. Todd Derkacz spoke of parks advisory board support of protecting the aquifer and groundwater in Hays County – this will achieve what was intended for this money. This property is difficult to develop and he feels like greenspace is appropriate for this area. Annette Paulin spoke of connectivity for citizens to participate in passive use of the property – she urged the court to commit to this project. Eric Mendelman spoke in support of this project and the long term preservation of this river – there is cultural value to the river in that it is a gathering place for the community. [Clerk’s Note: public participation forms in support of this project were submitted by Gary Amon, Tom Wassenich, Andrew Sansom, and Donna Bellion] [T1-515] Grants Administrator Richard Salmon spoke of this being parks project #11 and he gave a power point presentation. Commissioner Conley spoke of this property, in the past, being considered a hotel/conference center site. Commissioner Molenaar spoke of this being a unique opportunity to educate the young people on our natural habitat and history of the area. Commissioner Ingalsbe spoke in support of this project. Commissioner Carter spoke in support of San Marcos voters being allowed to vote on this project and she feels like it is a perfect place for a park, however, she is concerned about the price of the property (feels like it is over priced). Judge Powers spoke in support of this project. Commissioner Conley spoke of independent appraisals and he stated that we are working with the landowner to bring the price down. A motion was made by Commissioner Conley, seconded by Commissioner Molenaar to commit $700,000 from Hays County Parks bond funds for he San Marcos Springs Recharge Area Project. Commissioner Ingalsbe, Commissioner Conley, Commissioner Molenaar, and Judge Powers voting “Aye”. Commissioner Carter voting “No”.

PRESENTATION BY HAYS COUNTY JUSTICES OF THE PEACE TO CLARIFY THEIR REPORTING PROCESSES OF CASE ACTIVITY AND REVENUES [T1-818]

J.P. Pct. 1 Place 2 Margie Hernandez thanked the court for allowing her to keep her employee fulltime for 6 months and part-time for the next 6 months. She spoke of complaints from people in San Marcos who are having to go to Wimberley to pay for their ticket and she spoke of Troopers being able to file their tickets wherever they want. J. P. Pct. 4 Rex Baker spoke of figures provided to the court from the Office of Court Administration. He spoke of monthly meetings held with all Justices of the Peace in the county. He spoke of monthly reports that are sent to the Office of Court Administration by all courts in the State of Texas. He spoke of there being great distinctions between the duties of the Judge and the Clerks. He spoke of significant amount of work being done by the Clerks regarding traffic tickets. Each case is unique. Judge Baker spoke of other types of cases that are handled (evictions, hot checks, small claims, etc.) and he spoke of cases that had not been processed when he first came into office that he had to deal with – the report to the Office of Court Administration is only for new cases and does not reflect the unresolved cases. He spoke of restitution not being county money and he does not recommend the county taking on the fiduciary responsible for restitution – restitution money does not appear on the monthly report (only fines and court costs). Judge Baker suggested looking at the number of cases filed and disposed and do not look at the dollar amount collected during the budget consideration process. He also spoke of jury trials and trials before the court. Judge Powers commended the Justices of the Peace for their work.

HAYS COUNTY COMMISSIONERS' COURT MINUTES

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22919 PUBLIC HEARING AND ACTION TO ESTABLISH TRAFFIC REGULATIONS (SPEED LIMIT AND STOP SIGN) FOR MOUNTAIN VIEW ESTATES SUBDIVISION [T1-1392]

Judge Powers declared the public hearing open. No public input was received and the public hearing was closed. Road Supt/Engineer Jerry Borcherding recommended a STOP sign on Currie Ranch Road @ Days End Road and set the speed limit at 20 MPH. A motion was made by Commissioner Conley, seconded by Commissioner Molenaar to establish traffic regulations of 20MPH speed limit on Currie Ranch Road and a STOP sign on Currie Ranch Road at its intersection with Days End Road. All voting “Aye”.

22920 APPROVE THE LEASE OF ADDITIONAL OFFICE SPACE FOR ADULT PROBATION

[T1-1411] Hays County Adult Probation Director Lynda McCarty-Turley was present to answer any questions. A grant has allowed for the hiring of 3 additional officers for Adult Probation and the county is required to provide office space for this department. Space will become available in the complex they are currently occupying and money is available for the additional expenditure. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Molenaar to approve the lease of additional office space for Adult Probation as requested. All voting “Aye”.

Clerk’s Note: Agenda Item #15 RE: ALLOW UPGRADE OF THE INFRASTRUCTURE COORDINATOR POSITION IN THE ROAD DEPARTMENT was PULLED. No discussion and no action.

22921 APPROVE UTILITY ADJUSTMENT AGREEMENT HC-BOND 20 WITH ENTERPRISE PRODUCTS OPERATING, L.P. FOR THE HAYS COUNTY BOND ROAD PROJECT ON HILLSIDE TERRACE, CR 133 (HAYS COUNTY/TCB/ ENTERPRISE PRODUCTS OPERATING, L.P.) [T1-1434]

A motion was made by Commissioner Carter, seconded by Commissioner Conley to approve Utility Adjustment Agreement HC-Bond 20 with Enterprise Products Operating, L.P. for the Hays County Bond Road Project on Hillside Terrace/CR133 (Hays County/TCB/Enterprise Products Operating LP). All voting “Aye”.

22922 AUTHORIZE THE COUNTY JUDGE TO EXECUTE SUPPLEMENTAL WORK AUTHORIZATION NO. 1 TO WORK AUTHORIZATION NO. 17 WITH TC&B AND LAN FOR BOND PROGRAM ROADWAY DEVELOPMENT FOR DRY HOLE ROAD (HAYS COUNTY/TC&B/LAN) [T1-1472]

A motion was made by Commissioner Carter, seconded by Commissioner Ingalsbe to authorize the County Judge to execute Supplemental Work Authorization No. 1 to Work Authorization No. 17 with TC&B and LAN for Bond Program Roadway Development for Dry Hole Road (Hays County/TC&B/LAN). All voting “Aye”.

Court was adjourned.

I, LEE CARLISLE, 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 27, 2005.

LEE CARLISLE, COUNTY CLERK AND EXOFFICIO CLERK OF THE COMMISSIONERS’ COURT OF HAYS COUNTY, TEXAS