Commissioners Court –June 9, 2015 NOTICE OF A MEETING OF THE COMMISSIONERS COURT OF HAYS COUNTY, TEXAS
This Notice is posted pursuant to the Texas Open Meetings Act. (VERNONS TEXAS CODES ANN. GOV. CODE CH.551). The Hays County Commissioners Court will hold a meeting at 9:00 A.M. on the 9th day of June, 2015, in the Hays County Courthouse, Room 301, San Marcos, Texas. An Open Meeting will be held concerning the following subjects:
CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE - Pledge of Allegiance to the American Flag & Pledge of Allegiance to the Texas Flag ROLL CALL
PRESENTATIONS & PROCLAMATIONS Adopt a proclamation declaring June 2015 as Juneteenth Month in Hays County. 1 3-4 INGALSBE/PETERSON 2 5-6 Adopt a proclamation declaring June 17, 2015 as Cliff Caskey Day. COBB 3 7 Presentation to update the Court on the Dripping Springs Ranch Park. WHISENANT Presentation on recent legislation for local provider participation funding to the 1115 waiver 4 8 program. COBB
PUBLIC COMMENTS At this time 3-MINUTE comments will be taken from the audience on Non-Agenda related topics. To address the Court, please submit a Public Participation/ Witness Form to the County Clerk. Please Complete the Public Participation/ Witness Form in its Entirety. NO ACTION MAY BE TAKEN BY THE COURT DURING PUBLIC COMMENTS.
CONSENT ITEMS The following may be acted upon in one motion. A Commissioner, the County Judge, or a Citizen may request items be pulled for separate discussion and/or action. 5 9 Approve payments of county invoices. HERZOG 6 10-15 Approve Commissioners Court Minutes of June 2, 2015. COBB/GONZALEZ Authorize the County Judge to submit a revised Resolution to the Office of the Governor, 7 16-17 Criminal Justice Division (CJD) for grant funding to purchase body cameras in the amount of $74,370.00. INGALSBE/HAUFF/CUTLER/HOOD/PETERSON Accept a donation of a Yeti Cooler to the Constable Precinct 3 office and amend the budget 8 18 accordingly. CONLEY/AYRES Authorize the County Judge to submit a revised Resolution to the Governor's Office, Criminal 9 19-20 Justice Division for the associated application for grant funding to support the Hays County Veterans Court. INGALSBE/HAUFF Confirm the identification of individuals working within groups operating in support of the Hays 10 21 County Flood Recovery Plan. COBB/KENNEDY
ACTION ITEMS
SUBDIVISIONS SUB-403; Replat of Lot 15, Deer Creek Ranch Section 1, Block C (3 lots). Discussion and 11 22-24 possible action to approve final plat; hold a public hearing. WHISENANT/HAIRELL SUB-398 Breed Pastures Subdivision (1 lot). Discussion of possible action to consider a 12 25-26 variance from Table 10-1 of the Hays County Rules for On-Site Sewage Facilities. WHISENANT/HAIRELL SUB-376; Replat of lot 29, River Oaks of Wimberley (2 lots). Discussion and possible action to 13 27-28 consider a variance from Table 10-1 of the Hays County Rules for On-Site Sewage Facilities and approve final plat; hold a public hearing. CONLEY/HAIRELL SUB-395 The Settlement at San Marcos, Replat of the Hays Tract (2 lots). Discussion of 14 29-30 possible action to consider a variance from Table 10-1 of the Hays County Rules for On-Site Sewage Facilities. CONLEY/HAIRELL
MISCELLANEOUS Discussion and consideration of Preliminary Official Statement for Special Assessment Revenue Bonds, Series 2015, including Forms of Indenture, Service and Assessment Plan, and 15 31 Financing Agreement, and related documents, for La Cima Public Improvement District. CONLEY Discussion and possible action on Resolution Approving Preliminary Service and Assessment 16 32-34 Plan and Proposed Assessment Roll, and Providing for Notice of Hearing for Levy of Assessments in La Cima Public Improvement District. CONLEY Discussion and possible action on Resolution approving the form and authorizing the distribution of a preliminary official statement for "Hays County, Texas Special Assessment 17 35-39 Revenue Bonds, Series 2015 (La Cima Public Improvement District Major Public Improvement Project)". CONLEY
EXECUTIVE SESSIONS The Commissioners Court will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel to discuss matters of land acquisition, litigation, and personnel matters as specifically listed on this agenda. The Commissioners Court may also announce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other item on this agenda. 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 real 18 40 property related to Right of Way acquisition along or near Dacy Lane, FM 110 and FM1626 in Hays County. Possible action to follow in open court. COBB Executive Session pursuant to Sections 551.071 and 551.087 of the Texas Government Code: consultation with counsel and deliberation regarding economic development negotiations 19 41 associated with Projects Humpty Dumpty and Endurance. Possible action may follow in open court. COBB Executive Session pursuant to Sections 551.071 of the Texas Government Code: consultation 20 42 with counsel regarding the Freeport Exemption pursuant to Section 11.251 of the Texas Tax Code. COBB
STANDING AGENDA ITEMS The Commissioners Court utilizes Standing Agenda Items to address issues that are frequently or periodically discussed in court. This section allows the Court to open the item when a need for discussion arises. Discussion of issues related to the Hays County Jail, and the planning of projects pertaining to the public 21 safety facilities needs within the County. Possible action may follow. COBB/CUTLER 22 Discussion and possible action related to the burn ban and/or disaster declaration. COBB/CHAMBERS Discussion of issues related to the road bond projects, including updates from Mike Weaver, Prime 23 Strategies, Laura Harris, HNTB and Allen Crozier, HDR. Possible action may follow. COBB
ADJOURNMENT
Posted by 5:00 o'clock P.M. on the 5th day of June, 2015
COMMISSIONERS COURT, HAYS COUNTY, TEXAS
______CLERK OF THE COURT
Hays County encourages compliance with the Americans with Disabilities Act (ADA) in the conduct of all public meetings. To that end, persons with disabilities who plan to attend this meeting and who may need auxiliary aids such as an interpreter for a person who is hearing impaired are requested to contact the Hays County Judge’s Office at (512) 393-2205 as soon as the meeting is posted (72 hours before the meeting) or as soon as practical so that appropriate arrangements can be made. While it would be helpful to receive as much advance notice as possible, Hays County will make every reasonable effort to accommodate any valid request regardless of when it is received. Braille is not available. AGENDA ITEM REQUEST FORM
Hays County Commissioners Court Tuesdays at 9:00 AM Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.
AGENDA ITEM Adopt a proclamation declaring June 2015 as Juneteenth Month in Hays County.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
PROCLAMATIONS/PRESENTATIONS June 9, 2015 N/A
LINE ITEM NUMBER N/A
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Constable David Peterson INGALSBE N/A
SUMMARY
Please27B55B83B111B139B167B195B223B251B refer to attached proclamation.
3 PROCLAMATION DECLARING JUNE 2015 AS JUNETEENTH MONTH IN HAYS COUNTY
STATE OF TEXAS § § COUNTY OF HAYS §
WHEREAS, the institution of Black slavery in America began in 1616 with the landing of the first African slaves on our shores and continued officially until President Abraham Lincoln issued the Emancipation Proclamation on January 1, 1863; and
WHEREAS, although this historic proclamation was issued in 1863, Texas slaves waited two and a half years to receive word of their liberation, when on June 19, 1865, Union soldiers led by Major General Gordon Granger landed at Galveston and announced that all Texas slaves were free; and
WHEREAS, the 19th Day of June—or Juneteenth—became a day of jubilation and liberation for former slaves and today is the oldest known celebration of the ending of slavery in our nation; and
WHEREAS, on June 13, 1979 Governor William P. Clements signed a bill into law that made the Juneteenth Emancipation Day an official state holiday in Texas; and
WHEREAS, the Hays County community will celebrate Juneteenth 2015 with the Garland Warren, Rose Brooks and Nell Burleson Cake Auction on June 18 at the San Marcos Activity Center. Following that week, a BBQ Cook-off Competition and Music Festival at the San Marcos City Park and Plaza on June 19 and 20 and a Parade through downtown San Marcos on June 20, and church celebrations throughout the whole month; and
WHEREAS, several community partners come together to host the Juneteenth festivities such as Impact San Marcos, Pride of San Marcos Lodge #494, the BBQ Cook-Off Committee, the Cake Auction Scholarship Committee, and the Dunbar Heritage Association; and
WHEREAS, Juneteenth festivities will feature great BBQ, cake auction for scholarships, games for children, live music, family fun and church commemorations, and the public is invited to participate in all these significant celebrations;
NOW, THEREFORE, BE IT PROCLAIMED that the Hays County Commissioners Court does hereby proclaim June, 2015 as:
JUNETEENTH MONTH IN HAYS COUNTY
And call upon the people of Hays County to join in the celebration of this significant event throughout the month and to recognize the importance of Juneteenth to human freedoms so cherished by the people of the United States.
ADOPTED THIS THE 9 DAY OF JUNE, 2015
Bert Cobb Hays County Judge
______Debbie Gonzales Ingalsbe Mark Jones Commissioner, Pct. 1 Commissioner, Pct. 2
______Will Conley Ray Whisenant Commissioner, Pct. 3 Commissioner, Pct. 4
ATTEST:
______4 Liz Q. Gonzalez Hays County Clerk AGENDA ITEM REQUEST FORM
Hays County Commissioners Court Tuesdays at 9:00 AM Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.
AGENDA ITEM Adopt a proclamation declaring June 17, 2015 as Cliff Caskey Day.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
PROCLAMATIONS/PRESENTATIONS June 9, 2015
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
COBB N/A
SUMMARY
Please24B49B74B99B124B149B174B199B224B refer to attached proclamation.
5
Proclamation Declaring June 17, 2015 as Cliff Caskey Day
WHEREAS, Cliff Caskey and his family moved to Hays County in 1977 to begin his position as Hays County Agriculture Extension Agent and during those years he earned numerous awards including Distinguished Service Award from both the Texas County Agents Association and National County Agents Association; and
WHEREAS, Upon his retirement from the County in 1995 Cliff came out of retirement the very next day to take a job with the City of San Marcos as a Horticulturist and served in that position for 8 years; and
WHEREAS, Still not ready for retirement in 2003, Cliff succeeded in establishing his own peach orchard along with four other orchards in the County after being told by A&M Extension specialists that it couldn’t be done and now all people in Central Texas interested in growing peach trees are referred to Cliff, “the peach man”; and
WHEREAS, During his 38 years in Hays County, Cliff has been involved with numerous positions and organizations in San Marcos including President of the San Marcos Lions Club, Emcee for the San Marcos Summerfest, Operations Manager for Chilympiad, Deacon of University Church of Christ, Consultant to the Blanco River Cleanup Project, Committee member of Sights & Sounds and on the original Committee for Texas Natural & Western Swing Festival, and
WHEREAS, Cliff started the San Marcos Farmers Market, and the Hays County Master Gardeners, and implemented and supervised the Hays County Oak Wilt Control Program, supervised the building of the stage next to the San Marcos River, and engineered and supervised the rebuilding of the footbridge over the San Marcos River; and
WHEREAS, He continues to be active as President of the San Marcos Farmers Market, Elder of University Church of Christ, President of McCarty Student Center Board of Directors, Hays County Central Appraisal District Agricultural Advisory Board, Texas State Fruit Growers Association Board of Directors, Hays County Soil & Water Conservation District Board of Directors, Horticulture Consultant to the City of San Marcos, and Supervises the maintenance of the landscape in the four Texas Veteran’s Cemeteries for the state of Texas and secured and helped set up Hays County Civic Center as a flood disaster relief outlet for providing relief to victims of the Memorial Day flood. The word retirement is not in his vocabulary.
NOW, THEREFORE, We, the Hays County Commissioner Court, do hereby proclaim June 17, 2015 as:
CLIFF CASKEY DAY
And ask all citizens to honor this day of celebration, not only for all of Cliff Caskey’s accomplishments, but also, for his honoring the world with his presence on that day, 75 years ago.
ADOPTED THIS THE 9TH DAY OF JUNE, 2015
Bert Cobb Hays County Judge
______Debbie Gonzales Ingalsbe Mark Jones Commissioner, Pct. 1 Commissioner, Pct. 2
______Will Conley Ray Whisenant Commissioner, Pct. 3 Commissioner, Pct. 4
ATTEST:
______Liz Q. Gonzalez Hays County Clerk
6 AGENDA ITEM REQUEST FORM
Hays County Commissioners Court Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.
AGENDA ITEM Presentation to update the Court on the Dripping Springs Ranch Park.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
PROCLAMATIONS/PRESENTATIONS June 9, 2015
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
WHISENANT N/A
SUMMARY
Presentation24B49B74B99B124B149B174B199B224B items to be presented in court.
7 AGENDA ITEM REQUEST FORM
Hays County Commissioners Court Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.
AGENDA ITEM Presentation on recent legislation for local provider participation funding to the 1115 waiver program.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
PROCLAMATIONS/PRESENTATIONS June 9, 2015
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
COBB N/A
SUMMARY
8 AGENDA ITEM REQUEST FORM
Hays County Commissioners Court Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.
AGENDA ITEM Approve payment of County invoices.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT June 9, 2015
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR APPROVAL: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Auditor’s Office HERZOG N/A
SUMMARY
9 AGENDA ITEM REQUEST FORM
Hays County Commissioners Court Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.
AGENDA ITEM Approve Commissioners Court Minutes of June 2, 2015.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT June 9, 2015
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Gonzalez COBB N/A
SUMMARY
10
HAYS COUNTY COMMISSIONERS' COURT MINUTES
JUNE 2, 2015 ***** ***** VOLUME V PG 629
STATE OF TEXAS * COUNTY OF HAYS *
ON THIS THE 2ND DAY OF JUNE A.D., 2015, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:
ALBERT H. COBB JR COUNTY JUDGE DEBBIE GONZALES INGALSBE COMMISSIONER, PCT. 1 MARK JONES COMMISSIONER, PCT. 2 WILL CONLEY COMMISSIONER, PCT. 3 RAY O. WHISENANT JR COMMISSIONER, PCT. 4 LIZ Q. GONZALEZ COUNTY CLERK
AND THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS:
Reverend Carl W. Clark, Chaplin gave the invocation. Judge Cobb led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Cobb called the meeting to order.
PUBLIC COMMENTS
Hank Smith with Home Builders Association, and Richard Boltz – Dripping Springs resident made public comments.
39697 APPROVE PAYMENTS OF COUNTY INVOICES
A motion was made by Commissioner Whisenant, seconded by Commissioner Ingalsbe to approve County Invoices in the amount of $503,364.28 as submitted by the County Auditor. All voting “Aye”. MOTION PASSED
39698 APPROVE COMMISSIONERS COURT MINUTES OF REGULAR MEETING ON MAY 26, 2015 AND EMERGENCY MEETING ON MAY 29, 2015
A motion was made by Commissioner Whisenant, seconded by Commissioner Ingalsbe to approve Commissioner Court Minutes of regular meeting on May 26, 2015 and emergency meeting on May 29, 2015 as presented by the County Clerk. All voting “Aye”. MOTION PASSED
39699 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AMENDMENT 2 TO THE GRANT PROJECT AGREEMENT WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT TO EXTEND THE COMPLETION DATE FOR THE DAHLSTROM RANCH TRAIL CONSTRUCTION PROJECT
On January 25, 2011 the Commissioners Court accepted a grant award from the Texas Parks and Wildlife Department, Texas Recreational Trails Fund for $100,000 for Development of the Dahlstrom Ranch Public Access Area (Trail Construction). Work on the project has been delayed due to pending negotiations with the Dahlstrom family over lease terms, which have since been resolved. The original Project Agreement was set to expire on August 31, 2014 and Amendment 1 approved by Commissioners Court on April 1, 2014 extended the Agreement termination date to July 15, 2015. The current Amendment (Number 2) will extend the project completion date to July 15, 2016. All other terms and conditions of the original Agreement remain the same. A motion was made by Commissioner Whisenant, seconded by Commissioner Ingalsbe to authorize the County Judge to execute Amendment 2 to the Grant Project Agreement with the Texas Parks and Wildlife Department to extend the completion date for the Dahlstrom Ranch Trail Construction Project. All voting “Aye”. MOTION PASSED
39700 AUTHORIZE THE COUNTY JUDGE TO EXECUTE CHANGE ORDER #1 TO THE CONSTRUCTION CONTRACT WITH M & C FONSECA CONSTRUCTION FOR THE CEDAR OAK MESA WATER LINE IMPROVEMENTS PROJECT AND AMEND THE BUDGET ACCORDINGLY
On April 28, 2015 the Commissioners Court approved a bid award to M & C Fonseca Construction for the Cedar Oak Mesa Water Line Improvements Project, in the amount of $260,587.50. The subsequent contract was executed by the County Judge on May 13, 2015.Through negotiations between the various parties, some cost savings have been achieved in regards to the trench safety system, pavement repairs, relocation of utilities and other miscellaneous items, clean up and restoration of the site area, and the reconnection of water service to individual residences. These changes reflect a cost savings of $36,900.00 and result in a new total contract 11
HAYS COUNTY COMMISSIONERS' COURT MINUTES
VOLUME V PG 630 ***** ***** JUNE 2, 2015 amount of $223,687.50 (a 14.2% reduction). Change Order Number 1 will document these changes. A motion was made by Commissioner Whisenant, seconded by Commissioner Ingalsbe to authorize the County Judge to execute Change Order #1 to the Construction Contract with M & C Fonseca Construction for the Cedar Oak Mesa Water Line Improvements project and amend the budget accordingly. All voting “Aye”. MOTION PASSED
39701 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF SAN MARCOS FOR THE DISPARATE ALLOCATION OF U.S. DEPARTMENT OF JUSTICE, 2015 JUSTICE ASSISTANCE GRANT (JAG) FUNDING
The 2015 federal JAG allocations to local jurisdictions have been announced and Hays County did not qualify for a direct award. However, the County is in a disparate funding category with the City of San Marcos, who has been awarded $13,533, and the disparate funding category allows the County to potentially share in this award. Given that the award is relatively small, and considering grant reporting requirements, fiscal and audit administration and the limited scope of the project(s) involved should the award be divided, it is probably prudent to allow the City of San Marcos full use of the funds. The County and City have alternated receipt of the award over the past two years, with Hays County accepting the award last year. The U.S. Department of Justice requires that a formal agreement between the disparate parties be executed to determine utilization of the funding. The Interlocal Agreement proposed allocates the funding to the City of San Marcos and waives the County's interest in funding through this award. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to authorize the County Judge to execute an Interlocal Agreement with the City of San Marcos for the disparate allocation of U.S. Department of Justice, 2015 Justice Assistance Grant (JAG) funding. All voting “Aye”. MOTION PASSED
39702 AUTHORIZE INSTITUTIONAL OSSF PERMIT AT 601 OLD OAKS RANCH ROAD, WIMBERLEY, TX
Matthew Gorman is proposing an OSSF to serve a residential treatment house for Nova Recovery Rehabilitation Center at 601 Old Oaks Ranch Road in Precinct 3. This property is 20.004 acres in size and water will be supplied by an on-site public water supply well. The components of this on-site sewage facility will be an equalization tank and proprietary aerobic treatment unit. Effluent will be dispersed to a night time dosed surface irrigation field. The system was designed by David McGhee, R.S. for a maximum of 300 GPD. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to authorize Institutional OSSF Permit at 601 Old Oaks Ranch Road, Wimberley, TX. All voting “Aye”. MOTION PASSED
39703 APPROVE SPECIFICATIONS FOR IFB 2015-B05 FM 150 CENTER TURN LANE FOR THE HAYS COUNTY/TXDOT PARTNERSHIP PROGRAM AND AUTHORIZE PURCHASING MANAGER TO SOLICIT FOR BID AND ADVERTISE
A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to approve specifications for IFB 2015-B05 FM 150 Center Turn Lane for the Hays County / TxDOT Partnership Program and authorize Purchasing Manager to solicit for bid and advertise. All voting “Aye”. MOTION PASSED
39704 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN ADVANCE FUNDING AGREEMENT AND RESOLUTION WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR BRIDGE REPLACEMENT AT THE BLANCO RIVER ON FISCHER STORE ROAD, CSJ #0914-33-071
Victor Vargas of TxDOT spoke. The bridge located at the Blanco River on Fischer Store Road is included in the approved off-state system federal aid Highway Bridge Replacement and Rehabilitation Program (HBRRP) as authorized by the Texas Transportation Commission Minute Order Number 114213. TxDot has agreed to reconstruct the bridge and waive the 10% match ($295,000), based on the attached resolution and commitment to spend an equivalent amount of funds for structural of safety improvements on other bridge structures or other conditions as outlined in the AFA. A motion was made by Commissioner Conley, seconded by Commissioner Ingalsbe to authorize the County Judge to execute an Advance Funding Agreement and Resolution with the Texas Department of Transportation for Bridge Replacement at the Blanco River on Fischer Store Road, CSJ #0914-33-071. All voting “Aye”. MOTION PASSED
39705 SUB-366 MAUPIN PURGATORY TRACT (1 LOT) APPROVE FINAL PLAT
Caitlyn Hairell, County Planner gave staff recommendation. Maupin Purgatory Tract is a proposed 1 lot division of 0.91 acres located off of Purgatory Road in Precinct 3. Water service is provided by a private well and wastewater treatment is accomplished by an existing conventional on-site sewage facility. A motion was made by Commissioner Whisenant, seconded by Commissioner Ingalsbe to approve final plat of Sub-366 Maupin Purgatory Tract 1 Lot. All voting “Aye”. MOTION PASSED
12
HAYS COUNTY COMMISSIONERS' COURT MINUTES
JUNE 2, 2015 ***** ***** VOLUME V PG 631
39706 SUB-375 - KEY RANCH SECTION 2 (54 LOTS) ACCEPT FISCAL SURETY IN THE AMOUNT OF $1,460,000.00 BY LETTER OF CREDIT
Caitlyn Hairell, County Planner gave staff recommendation. The preliminary plan for Key Ranch Subdivision was originally approved in 2011. The subdivision is located off of Trautwein Road in Precinct 4. Section 2 includes 54 lots with an average size of 1.67 acres. All lots will be served by public water provided by West Travis PUA and individual OSSF's. This plat has been reviewed under the County's 1445 agreement with the City of Dripping Springs. This action will allow the plat to move forward with City's process for final approval. A motion was made by Commissioner Whisenant, seconded by Commissioner Jones to accept Fiscal Surety in the amount of $1,460,000.00, by Letter of Credit, for Sub 375-Key Ranch Section 2 (54 Lots). All voting “Aye”. MOTION PASSED
39707 ACCEPT A VARIANCE FROM SECTION 10 C-1 OF THE HAYS COUNTY RULES FOR ON-SITE SEWAGE FACILITIES AND GRANT A DEVELOPMENT AUTHORIZATION TO BOYD SHARP, OWNER OF A PORTION OF LOT 7, GREEN ACRES SUBDIVISION
Development Services Manager, Roxie McInnis gave staff recommendation. Mr. Sharp is the owner of a 2.466 acre portion of Lot 7, Green Acres Subdivision. There is an existing, permitted OSSF on the property. Hays County Regulations do not allow staff to issue any permits on parcels not in compliance with platting requirements, however Mr. Sharp has requested a variance from Section 10 C-1 of the Hays County Rules for On-Site Sewage Facilities which will allow him to connect his home to the existing OSSF while he prepares and submits an amended plat application. A motion was made by Commissioner Conley, seconded by Commissioner Jones to accept a variance from Section 10 C-1 of the Hays County Rules for On-Site Sewage Facilities and grant a development authorization to Boyd Sharp, owner of a portion of lot 7, Green Acres Subdivision. All voting “Aye”. MOTION PASSED
39708 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN AGREEMENT REGARDING LA CIMA HABITAT PRESERVATION, PURGATORY CREEK PARKLAND DEDICATION, AND CENTERPOINT RIGHT-OF-WAY DEDICATION BETWEEN HAYS COUNTY AND LAZY OAKS RANCH, LP; AND TO AUTHORIZE GENERAL COUNSEL TO TAKE ANY ACTIONS AND TO SIGN ANY AND ALL DOCUMENTS INCIDENTAL TO CLOSING OF HAYS COUNTY'S PURCHASE OF A 700.2-ACRE CONSERVATION EASEMENT FROM LAZY OAKS RANCH, LP, FOR USE IN HAYS COUNTY'S REGIONAL HABITAT CONSERVATION PLAN AND AMEND THE BUDGET ACCORDINGLY
This Master Agreement between Hays County and Lazy Oaks Ranches, LP covers a variety of deal points negotiated between the Parties. The Master Agreement will result in Hays County's acquisition of a Conservation Easement that will create the mitigation bank for its Regional Habitat Conservation Plan. Amount required; $2,000,000/$800,000; Parks Bond / Pct.3 Roads. A motion was made by Commissioner Conley, seconded by Commissioner Whisenant to authorize the County Judge to execute an Agreement Regarding La Cima Habitat Preservation, Purgatory Creek Parkland Dedication, and Centerpoint Right- of-Way Dedication between Hays County and Lazy Oaks Ranch, LP; and to authorize General Counsel to take any actions and to sign any and all documents incidental to closing of Hays County's purchase of a 700.2-acre Conservation Easement from Lazy Oaks Ranch, LP, for use in Hays County's Regional Habitat Conservation Plan and amend the budget accordingly. All voting “Aye”. MOTION PASSED
39709 REQUEST THAT THE HAYS COUNTY APPRAISAL DISTRICT CONDUCT A RE- APPRAISAL TO THOSE PROPERTIES AFFECTED BY THE 2015 FLOODS
Luanne Caraway, Tax Assessor/Collector spoke. This re-appraisal will allow the Hays County Central Appraisal District (CAD) to re-appraise the homes severely affected by the floods in Wimberley and San Marcos. Ms. Caraway also mentioned that each governing body will have to request for a re-appraisal in order for the Central Appraisal District to conduct it. Ms. Caraway requested a list of damaged properties from the flood and tornado be sent to CAD. A motion was made by Commissioner Conley, seconded by Commissioner Ingalsbe to request that the Hays County Appraisal District conduct a re-appraisal to those properties affected by the 2015 floods. All voting “Aye”. MOTION PASSED
39710 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT, AS FINALIZED BY GENERAL COUNSEL, BETWEEN HAYS COUNTY AND THE CITY OF SAN MARCOS RELATED TO MUTUAL AID AND DISASTER RELIEF ACTIVITIES BY BOTH GOVERNMENTAL ENTITIES
A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to adopt a Resolution and authorize the County Judge to execute an Interlocal Cooperation Agreement, as finalized by General Counsel, between Hays County and the City of San Marcos related to mutual aid and disaster relief activities by both governmental entities. All voting “Aye”. MOTION PASSED
13
HAYS COUNTY COMMISSIONERS' COURT MINUTES
VOLUME V PG 632 ***** ***** JUNE 2, 2015
39711 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT, AS FINALIZED BY GENERAL COUNSEL, BETWEEN HAYS COUNTY AND THE CITY OF WIMBERLEY RELATED TO MUTUAL AID AND DISASTER RELIEF ACTIVITIES BY THE COUNTY WITHIN THE MUNICIPAL LIMITS OF THE CITY OF WIMBERLEY
A motion was made by Commissioner Conley, seconded by Commissioner Ingalsbe to authorize the County Judge to execute an Interlocal Cooperation Agreement, as finalized by General Counsel, between Hays County and the City of Wimberley related to mutual aid and disaster relief activities by the County within the municipal limits of the City of Wimberley. All voting “Aye”. MOTION PASSED
An amended motion was made by Commissioner Conley, seconded by Commissioner Ingalsbe to appoint General Counsel, Mark Kennedy, Cindy Maiorka, Purchasing Agent, and Jerry Borcherding, Director of Transportation Services to ad hoc Committee. All voting “Aye”. MOTION PASSED
39712 RATIFY ACTIONS TAKEN BY THE HAYS COUNTY SHERIFF'S OFFICE RELATED TO TRANSFERS OF PRISONERS OF THE HAYS COUNTY JAIL
Mark Kennedy, General Counsel spoke of housing prisoners in other counties, namely Bastrop and Guadalupe counties. Bastrop and Guadalupe have no more room. Last week the need arose and the Sheriff’s office transferred prisoners to Caldwell County. A motion was made by Commissioner Whisenant, seconded by Commissioner Ingalsbe to ratify actions taken by the Hays County Sheriff's Office related to transfers of prisoners of the Hays County Jail. All voting “Aye”. MOTION PASSED
39713 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A MASTER SERVICES AGREEMENT BETWEEN HAYS COUNTY AND TETRA TECH, INC., RELATED TO EMERGENCY MANAGEMENT CONSULTING, DEBRIS MANAGEMENT PROGRAM CONSULTING, GRANT ADMINISTRATION SERVICES, AND AFTER FLOOD- RELATED CONSULTING SERVICES
An Ad Hoc Committee was formed to consider proposals by Monitoring Companies. This Committee consisted of Cindy Maiorka, Purchasing Coordinator, and Mark Kennedy, General Counsel.A motion was made by Commissioner Conley, seconded by Commissioner Jones to authorize the County Judge to execute a Master Services Agreement between Hays County and Tetra Tech, Inc., related to Emergency Management Consulting, Debris Management Program Consulting, Grant Administration Services, and after flood-related consulting services. All voting “Aye”. MOTION PASSED
39714 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A CONTRACT FOR DISASTER DEBRIS REMOVAL SERVICES, AS APPROVED BY GENERAL COUNSEL AND WITH THE VENDER RECOMMENDED BY THE HAYS COUNTY PURCHASING AGENT
An Ad Hoc Committee was formed to consider proposals by Debris Hauling Companies. This Committee consisted of Jerry Borcherding, Transportation Director, Cindy Maiorka, Purchasing Coordinator and Mark Kennedy, General Counsel. General Counsel and the Purchasing Agent have utilized HGAC to achieve a streamlined process for submittal of Proposals from Debris Haulers. Selection by Purchasing for recommendation to Court is expected to occur Monday afternoon (June 1, 2015). A motion was made by Commissioner Conley, seconded by Commissioner Jones to authorize the County Judge to execute a contract for Disaster Debris Removal Services, as approved by General Counsel and with the vender recommended by the Hays County Purchasing Agent and for the County Judge and General Counsel to have the ability to amend the contract as needed. All voting “Aye”. MOTION PASSED
DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY
Judge Cobb gave the Hays County Jail report. Hays County’s current maximum jail capacity is 362 inmates. Jail Standards recommends holding approximately 10% of capacity open. That lowers our capacity to 311. The jail’s daily average was 285 and peak was 308 on May 27th for the week of May 24 to May 30, 2015. The maximum female capacity is 76 inmates. Last week’s average was 50 and peak was 52 on 5/27/2015. The maximum male capacity is 256 inmates. Last week’s average was 235 and peak was 256 on 5/27/2015. Inmate at Guadalupe County: 16 Inmate at Bastrop County: 24 Inmate at Caldwell County: 9
ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION
Kharley Smith, Emergency Management Officer, gave an update on the recent flood and tornado damage throughout Hays County.
14
HAYS COUNTY COMMISSIONERS' COURT MINUTES
JUNE 2, 2015 ***** ***** VOLUME V PG 633
County Clerk’s Note Agenda Item #21 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, LAURA HARRIS, HNTB AND ALLEN CROZIER, HDR – was pulled
A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to adjourn court at 11:02 a.m.
I, LIZ Q. GONZALEZ, COUNTY CLERK and EXOFFICIO CLERK OF THE COMMISSIONERS’ COURT, do hereby certify that the foregoing contains a true and accurate record of the proceedings had by the Hays County Commissioners’ Court on June 2, 2015.
LIZ Q GONZALEZ, COUNTY CLERK AND EXOFFICIO CLERK OF THE COMMISSIONERS’ COURT OF HAYS COUNTY, TEXAS
15 AGENDA ITEM REQUEST FORM
Hays County Commissioners Court Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.
AGENDA ITEM Authorize the County Judge to submit a revised Resolution to the Office of the Governor, Criminal Justice Division (CJD) for grant funding to purchase body cameras in the amount of $74,370.00
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT June 9, 2015 N/A
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: BILL HERZOG
REQUESTED BY SPONSOR CO-SPONSOR
Hauff/Cutler/Hood/Peterson INGALSBE N/A
SUMMARY
On26B53B80B107B134B161B188B215B242B February 24, 2015 the Commissioners Court approved a resolution to submit a grant application to the Office of the Governor-Criminal Justice Division (CJD) for Hays County Sheriff's Office- Patrol Division and Constable Pct. 1 and Constable Pct. 4 to purchase body cameras. The Office of the Governor (CJD) changed the Grant number and title of the original grant project and has requested an updated Resolution to complete the application process. The Resolution will be electronically uploaded into e-grants.
16
San Marcos, Texas
RESOLUTION
STATE OF TEXAS § § COUNTY OF HAYS §
A resolution of the Commissioners Court of the County of Hays, Texas hereby authorizing the submittal of a grant application for the Criminal Justice Programs to the Office of the Governor, Criminal Justice Division(CJD). CJD grant number is 2794402.
WHEREAS, the Hays County Commissioners Court finds it in the best interest of the citizens of Hays County, that the Body Camera Project for the Hays County Sheriff’s Office and Constable Pct. 1 and 4 be operated for the 2016 fiscal year; and
WHEREAS, the Hays County Commissioners Court agrees that in the event of loss or misuse of the Criminal Justice Division funds, the Hays County Commissioners’ Court assures that the funds will be returned to the Criminal Justice Division in full; and
WHEREAS, the Hays County Commissioners Court designates the Honorable Bert Cobb, Hays County Judge as the grantee’s authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency.
NOW, THEREFORE, BE IT RESOLVED that the Hays County Commissioners Court approves submission of the grant application for the Body Camera Project for the Hays County Sheriff’s Office and Constable Pct. 1 and 4 to the Office of the Governor, Criminal Justice Division.
ADOPTED THIS THE 9th DAY OF JUNE, 2015.
______Bert Cobb Hays County Judge
ATTEST:
______Liz Q. Gonzalez Hays County Clerk
17 AGENDA ITEM REQUEST FORM
Hays County Commissioners Court Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.
AGENDA ITEM Accept a donation of a Yeti Cooler to the Constable Precinct 3 office and amend the budget accordingly..
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT June 9, 2015
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS: See attached budget amendment
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: BILL HERZOG
REQUESTED BY SPONSOR CO-SPONSOR
Darrell Ayres CONLEY N/A
SUMMARY
This26B53B80B107B134B161B188B215B242B item was donated to the Constables office from Ace Hardware during the flood.
18 AGENDA ITEM REQUEST FORM
Hays County Commissioners Court Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.
AGENDA ITEM Authorize the County Judge to submit a revised Resolution to the Governor's Office, Criminal Justice Division for the associated application for grant funding to support the Hays County Veterans Court.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT June 9, 2015 N/A
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Hauff INGALSBE N/A
SUMMARY
On26B53B80B107B134B161B188B215B242B February 24, 2015 the Commissioners Court authorized submission of a grant application and accompanying resolution to the Governor's Office, Criminal Justice Division (CJD) for funding to support the second year operation of the Hays County Veterans Court. CJD has done a preliminary review of the application materials and requested some changes, including modification of the previous Resolution to include only the authorized official's title (not name) and a revised project number. The attached revised Resolution reflects those changes.
19
San Marcos, Texas
RESOLUTION
STATE OF TEXAS § § COUNTY OF HAYS §
A resolution of the Commissioners Court of the County of Hays, Texas hereby authorizing the submittal of a grant application for the Specialty Court/Veterans Court Program to the Office of the Governor, Criminal Justice Division (CJD). CJD grant application number is 2775902.
WHEREAS, the Hays County Commissioners Court finds it in the best interest of the citizens of Hays County, that the Hays County Veterans Court be operated for the 2016 fiscal year; and
WHEREAS, the Hays County Commissioners Court agrees that in the event of loss or misuse of the Criminal Justice Division funds, the Hays County Commissioners Court assures that the funds will be returned to the Criminal Justice Division in full; and
WHEREAS, the Hays County Commissioners Court designates the Hays County Judge as the grantee’s authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency.
NOW, THEREFORE, BE IT RESOLVED that the Hays County Commissioners Court approves submission of the grant application for the Hays County Veterans Court to the Office of the Governor, Criminal Justice Division.
ADOPTED THIS THE 9TH DAY OF JUNE, 2015.
______Bert Cobb Hays County Judge
ATTEST:
______Liz Q. Gonzalez Hays County Clerk
20 AGENDA ITEM REQUEST FORM
Hays County Commissioners Court Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.
AGENDA ITEM Confirm the identification of individuals working within groups operating in support of the Hays County Flood Recovery Plan.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
CONSENT June 9, 2015
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Kennedy COBB N/A
SUMMARY
For25B57B89B121B153B185B217B249B281B the purposes of refining communication protocols and assisting consultants and third parties in identifying individuals within the county that are taking on certain flood relief tasks, confirmation of individuals operating within the following groups would be helpful:
1)26B58B90B122B154B186B218B250B282B Debris Management/Road and Bridge
2)27B59B91B123B155B187B219B251B283B Environmental Habitat Conservation
3)28B60B92B124B156B188B220B252B284B Financial Management
4)29B61B93B125B157B189B221B253B285B Public Information
5)30B62B94B126B158B190B222B254B286B Animal Support
6)31B63B95B127B159B191B223B255B287B Donations/Volunteerism
21 AGENDA ITEM REQUEST FORM
Hays County Commissioners Court Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.
AGENDA ITEM SUB-403; Replat of Lot 15, Deer Creek Ranch Section 1, Block C (3 lots). Discussion and possible action to approve final plat; hold a public hearing.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
ACTION-SUBDIVISIONS June 9, 2015
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Caitlyn Hairell WHISENANT N/A
SUMMARY
Deer25B52B79B106B133B160B187B214B241B Creek Ranch is a recorded subdivision located off of Ranch Road 12 in Precinct 4.
The26B53B80B107B134B161B188B215B242B proposed re-plat will divide the 5.03 acre lot into three lots. Water service will be provided by Deer Creek Ranch Water and wastewater treatment will be accomplished by individual on-site sewage facilities.
22 23 24 AGENDA ITEM REQUEST FORM
Hays County Commissioners Court Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.
AGENDA ITEM SUB-398 Breed Pastures Subdivision (1 lot). Discussion of possible action to consider a variance from Table 10-1 of the Hays County Rules for On-Site Sewage Facilities.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
ACTION-SUBDIVISIONS June 9, 2015
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Caitlyn Hairell WHISENANT N/A
SUMMARY
Breed25B53B81B109B137B165B193B221B249B Pastures is a new subdivision located off of HWY 290 in precinct 4. The proposed plat will divide a 5 acre parcel into two lots (Lot 1: 3.0 acres, Lot 2: 2.0 acres). Water service for both lots is currently provided by a shared private well and wastewater treatment is accomplished by existing conventional OSSFs.
The26B54B82B110B138B166B194B222B250B Hays County minimum lot size in the Edwards Aquifer Contributing Zone for a lot served by a private well and conventional OSSF is 3.0 acres. The property owner feels that replacing the existing functioning system on Lot 1 (2 acres) would be an undue burden and has requested a variance from this rule. Should the existing OSSF need replacement it will be replaced by an advanced OSSF. See the attached variance request for additional information.
This27B55B83B111B139B167B195B223B251B plat has been reviewed under the County's 1445 agreement with the City of Dripping Springs. The interlocal agreement is written to prohibit the City from granting a variance from the County's regulations without prior consent from the County. This action will allow the plat to move forward with City's process for final approval.
25 26 AGENDA ITEM REQUEST FORM
Hays County Commissioners Court Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.
AGENDA ITEM SUB-376; Replat of lot 29, River Oaks of Wimberley (2 lots). Discussion and possible action to consider a variance from Table 10-1 of the Hays County Rules for On-Site Sewage Facilities and approve final plat; hold a public hearing.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
ACTION-SUBDIVISIONS June 9, 2015
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Caitlyn Hairell CONLEY N/A
SUMMARY
River25B52B79B106B133B160B187B214B241B Oaks of Wimberley is a recorded subdivision located off of Oak Run Drive in Precinct 3. The proposed re-plat will divide the 4.576 acre lot 29 into 2 lots.
Water26B53B80B107B134B161B188B215B242B service will be provided by individual water wells and wastewater treatment will be accomplished by individual on-site sewage facilities. Lot 29A is currently served by a conventional OSSF; however the Hays County minimum lot size for a lot served by a private well and conventional OSSF is 3.00 acres. The property owner feels that replacing the existing functioning system would be an undue burden and has requested a variance from this rule. Should the existing OSSF need replacement it will be replaced by an advanced OSSF. The owner's justification for the variance is included in backup.
27 28 AGENDA ITEM REQUEST FORM
Hays County Commissioners Court Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.
AGENDA ITEM SUB-395 The Settlement at San Marcos, Replat of the Hays Tract (2 lots). Discussion of possible action to consider a variance from Table 10-1 of the Hays County Rules for On-Site Sewage Facilities.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
ACTION-SUBDIVISIONS June 9, 2015
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Caitlyn Hairell CONLEY N/A
SUMMARY
The25B53B81B109B137B165B193B221B249B Settlement at San Marcos Subdivision is located off of RR 12 in precinct 2. The proposed plat will bring the Hays Tract into compliance with state platting requirements as the 5.04 acre lot was split by metes and bounds into two lots in 1978. Water service is provided by private wells and wastewater service is accomplished by existing conventional OSSFs.
The26B54B82B110B138B166B194B222B250B Hays County minimum lot size for a lot served by a private well and conventional OSSF is 3.0 acres. The lot was split in 1978, before current minimum lot size requirements were enacted. Given the date that the parcels were created, a variance to the county's minimum lot size requirement has been requested. When the conventional systems require replacement, the homeowners agree to install advanced OSSFs which will bring the lots into compliance with current Hays County minimum lot size requirements. See the attached variance request for additional information.
This27B55B83B111B139B167B195B223B251B plat has been reviewed under the County's 1445 agreement with the City of San Marcos. The interlocal agreement is written to prohibit the City from granting a variance from the County's regulations without prior consent from the County. This action will allow the plat to move forward with City's process for final approval.
29 ASH & ASSOCIATES
30 AGENDA ITEM REQUEST FORM
Hays County Commissioners Court Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.
AGENDA ITEM Discussion and consideration of Preliminary Official Statement for Special Assessment Revenue Bonds, Series 2015, including Forms of Indenture, Service and Assessment Plan, and Financing Agreement, and related documents, for La Cima Public Improvement District.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
ACTION-MISCELLANEOUS June 9, 2015 N/A
LINE ITEM NUMBER XXX
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
CONLEY CONLEY N/A
SUMMARY
Th27B55B83B111B139B167B195B223B251B is item relates to the agenda items calling for Resolution Approving the Preliminary Service and Assessment Plan and Proposed Assessment Roll and Providing Notice of Hearing, and Resolution Approving the Form and Authorizing the Distribution of a Preliminary Official Statement. Staff will be available to answer questions about the project improvements, the assessment and financing documents, the bond documents, and the requirements for notice and hearing on the assessments.
31 AGENDA ITEM REQUEST FORM
Hays County Commissioners Court Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.
AGENDA ITEM Discussion and possible action on Resolution Approving Preliminary Service and Assessment Plan and Proposed Assessment Roll, and Providing for Notice of Hearing for Levy of Assessments in La Cima Public Improvement District.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
ACTION-MISCELLANEOUS June 9, 2015 $
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
CONLEY CONLEY N/A
SUMMARY
This26B53B80B107B134B161B188B215B242B Resolution approves the Preliminary Service and Assessment Plan and proposed assessment roll, provides for a public hearing to be held to consider the proposed assessments, and requires notice of the public hearing to be published and to be mailed to property owners in the District.
32 HAYS COUNTY RESOLUTION - APPROVING A PRELIMINARY SERVICE AND ASSESSMENT PLAN AND PROVIDING FOR THE NOTICE OF HEARING FOR LEVY OF ASSESSMENTS IN LA CIMA PUBLIC IMPROVEMENT DISTRICT
WHEREAS, Chapter 372 of the Texas Local Government Code (“Act") authorizes the creation of public improvement districts and to levy assessments against property within the district to pay the costs of public improvement projects that confer a special benefit on property within the district;
WHEREAS, on September 23, 2014, the Hays County Commissioners Court (“Court”) authorized and created the La Cima Public Improvement District (“PID” or “District”);
WHEREAS, Sections 372.013 and 372.014 of the Act provides that an advisory body, or another entity assigned the responsibility by the Court in the absence of an advisory body, shall prepare a service plan, which plan must also include an assessment plan, and shall present such plan to the County for review and approval;
WHEREAS, Section 372.016 of the Act provides that the Court shall prepare a proposed assessment roll, stating the assessment against each parcel of land in the district, and requires that such roll be filed with the tax assessor-collector of a county that has formed a PID (“Hays County” or “County”);
WHEREAS, the Act requires the County tax assessor-collector to publish notice of the Court’s intention to consider the proposed assessments at a public hearing, and such notice must be published before the 10th day before the date of the hearing;
WHEREAS, because the District is located in the extraterritorial jurisdiction (“ETJ”) of the City of San Marcos (“City”), and improvements will be undertaken in the City’s ETJ, the Act requires that notice of the hearing be published not only in a newspaper of general circulation in the County and but also a newspaper of general circulation in the part of the ETJ in which the District is located or the improvements to be undertaken;
WHEREAS, the Act also requires that the County tax assessor-collector to mail to the owners of property liable for assessment notice of the hearing;
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The Court hereby approves the Preliminary Service and Assessment Plan prepared by Development Planning & Financing Group, Inc., including the proposed assessment roll. The Court hereby directs the County Clerk to file the proposed assessment roll with the Hays County Tax Assessor-Collector. The proposed assessment roll shall be open to public inspection.
Section 2. Pursuant to the requirements of the Act, the Court calls a public hearing for June 30, 2015, at 9:00 a.m. to consider the proposed assessments.
33 Section 3. The Hay County Tax Assessor-Collector is directed to create a notice of hearing stating the information required by the Act: the date, time, and place of the hearing; the general nature of the improvements; the cost of the improvements; the boundaries of the assessment district; and that written or oral objections will be considered at the hearing.
Section 4. The Hays County Tax Assessor-Collected is directed to have notice of the hearing published in a newspaper of general circulation in the County and in the City’s ETJ before the 10th day before June 30, 2015.
Section 5. The Hays County Tax Assessor-Collector is directed to mail notice of the hearing to the property owners in the District before the 10th day before June 30, 2015.
This RESOLUTION AND ORDER is hereby RESOLVED, ORDERED, AND DECLARED THIS THE 9th DAY OF JUNE, 2015.
______Judge Bert Cobb, M.D. Hays County Judge
______Debbie Ingalsbe Mark Jones Commissioner, Precinct 1 Commissioner, Precinct 2
______Will Conley Ray Whisenant Commissioner, Precinct 3 Commissioner, Precinct 4
Attest:
______Liz. O Gonzalez County Clerk
34 AGENDA ITEM REQUEST FORM
Hays County Commissioners Court Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.
AGENDA ITEM Discussion and possible action on Resolution approving the form and authorizing the distribution of a preliminary official statement for "Hays County, Texas Special Assessment Revenue Bonds, Series 2015 (La Cima Public Improvement District Major Public Improvement Project)".
ITEM TYPE MEETING DATE AMOUNT REQUIRED
ACTION-MISCELLANEOUS June 9, 2015 N/A
LINE ITEM NUMBER XXX
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
CONLEY CONLEY N/A
SUMMARY
This27B55B83B111B139B167B195B223B251B Resolution approves the Preliminary Official Statement and authorizes the underwriter to use the Preliminary Official Statement in the offering and sale of the "Hays County, Texas Special Assessment Revenue Bonds, Series 2015 (La Cima Public Improvement District Major Public Improvement Project). Included as appendices to the Preliminary Official Statement are the following documents: Form of Indenture, Form of Service and Assessment Plan, Form of Bond Counsel Opinion, Form of County Disclosure Agreement, Form of Landowner Disclosure Agreement, Appraisal, Market Study, and PID Financing Agreement.
35 CERTIFICATE OF COUNTY CLERK
THE STATE OF TEXAS § § COUNTY OF HAYS §
THE UNDERSIGNED HEREBY CERTIFIES that:
The Commissioners Court (the “Court”) of Hays County, Texas (the “County”), convened on the 9th day of June, 2015 in regular session in the regular meeting place of the Court in the County Courthouse (the “Meeting”), which Meeting was at all times open to the public, the duly constituted officers and members of the Court being as follows:
Dr. Bert Cobb County Judge Debbie Gonzales Ingalsbe Commissioner, Precinct No. 1 Mark Jones Commissioner, Precinct No. 2 Will Conley Commissioner, Precinct No. 3 Ray Whisenant Commissioner, Precinct No. 4 and all of such persons were present at the Meeting, thus constituting a quorum. Among other business considered at the Meeting, the attached resolution (the “Resolution”) entitled:
RESOLUTION APPROVING THE FORM AND AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT FOR "HAYS COUNTY, TEXAS SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2015 (LA CIMA PUBLIC IMPROVEMENT DISTRICT MAJOR PUBLIC IMPROVEMENT PROJECT)" was introduced for the due consideration of the Court. After presentation and discussion of the Resolution, a motion was made by Commissioner ______that the Resolution be passed and adopted. The motion was seconded by Commissioner ______and carried by the following vote:
__ voted “For” __ voted “Against” __ “Abstained” all as shown in the official Minutes of the Court for the Meeting.
The attached Resolution is a true and correct copy of the original on file in the official records of the County; the duly qualified and acting members of the Court on the date of the Meeting are those persons shown above, and, according to the records of my office, each member of the Court was given actual notice of the time, place, and purpose of the Meeting and had actual notice that the Resolution would be considered; and the Meeting and deliberation of the aforesaid public business, including the subject of the Resolution, was posted and given in advance thereof in compliance with the provisions of Chapter 551, as amended, Texas Government Code.
36 IN WITNESS WHEREOF, I have signed my name officially and affixed the seal of the Commissioners Court, this 9th day of June, 2015.
County Clerk and Ex-Officio Clerk of the Commissioners Court of Hays County, Texas
(SEAL OF THE COMMISSIONERS COURT)
37
RESOLUTION NO. ______
RESOLUTION APPROVING THE FORM AND AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT FOR "HAYS COUNTY, TEXAS SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2015 (LA CIMA PUBLIC IMPROVEMENT DISTRICT MAJOR PUBLIC IMPROVEMENT PROJECT)"
WHEREAS, this Commissioners Court of Hays County, Texas (the "Commissioners Court") has adopted a resolution authorizing the creation of the La Cima Public Improvement District (the "District"); and
WHEREAS, this Commissioners Court intends to issue "Hays County, Texas Special Assessment Revenue Bonds, Series 2015 (La Cima Public Improvement District Major Public Improvement Project)" (the "Bonds"), to fund public improvements within the District; and
WHEREAS, there has been presented to this Commissioners Court a Preliminary Official Statement relating to the Bonds (the "Preliminary Official Statement"); and
WHEREAS, this Commissioners Court finds and determines that it is necessary and in the best interests of the Hays County, Texas (the "County") to approve the form and content of the Preliminary Official Statement and authorize the use of the Preliminary Official Statement in the offering and sale of the Bonds by the Underwriter of the Bonds, Jefferies, LLC;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSIONERS COURT OF HAYS COUNTY, TEXAS, THAT:
Section 1. The form and content of the Preliminary Official Statement is hereby approved and deemed final, except for the omission of such information which is dependent upon the final pricing of the Bonds for completion, all as permitted to be excluded by Section (b)(1) of Rule 15c2-12 under the Securities Exchange Act of 1934, with such changes, addenda, supplements or amendments as may be approved by the County Auditor or General Counsel to Commissioners Court. The County hereby authorizes the Preliminary Official Statement to be used by the Underwriter in connection with the marketing and sale of the Bonds.
Section 2. Capitalized terms used herein and not otherwise defined shall have the meanings assigned to such terms in the Official Statement.
Section 3. This Resolution shall be effective immediately upon its adoption.
38 DULY PASSED AND APPROVED BY THE COMMISSIONERS COURT ON ______, 2015.
HAYS COUNTY, TEXAS
BERT COBB, County Judge of Hays County, Texas
(COUNTY SEAL)
ATTEST:
LIZ GONZALEZ, County Clerk and Ex-Officio Clerk of the Commissioners Court of Hays County Texas
39 AGENDA ITEM REQUEST FORM
Hays County Commissioners Court Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.
AGENDA ITEM Executive Session pursuant to Sections 551.071 and 551.072 of the Texas Government Code: consultation with counsel and deliberation regarding the purchase, exchange, or value of real property related to Right of Way acquisition along or near Dacy Lane, FM 110 and FM1626 in Hays County. Possible action to follow in open court.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
EXECUTIVE SESSION June 9, 2015
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Cobb COBB N/A
SUMMARY
Summary25B51B77B103B129B155B181B207B233B to be provided in Executive Session.
40 AGENDA ITEM REQUEST FORM
Hays County Commissioners Court Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.
AGENDA ITEM Executive Session pursuant to Sections 551.071 and 551.087 of the Texas Government Code: consultation with counsel and deliberation regarding economic development negotiations associated with Projects Humpty Dumpty and Endurance. Possible action may follow in open court.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
EXECUTIVE SESSION June 9, 2015
LINE ITEM NUMBER
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Cobb COBB N/A
SUMMARY
Summary25B51B77B103B129B155B181B207B233B to be provided in Executive Session.
41 AGENDA ITEM REQUEST FORM
Hays County Commissioners Court Tuesdays at 9:00 AM
Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.
AGENDA ITEM Executive Session pursuant to Sections 551.071 of the Texas Government Code: consultation with counsel regarding the Freeport Exemption pursuant to Section 11.251 of the Texas Tax Code.
ITEM TYPE MEETING DATE AMOUNT REQUIRED
EXECUTIVE SESSION June 9, 2015 N/A
LINE ITEM NUMBER N/A
AUDITOR USE ONLY AUDITOR COMMENTS:
PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A
REQUESTED BY SPONSOR CO-SPONSOR
Kennedy COBB N/A
SUMMARY
SUMMARY27B55B83B111B139B167B195B223B251B TO BE PROVIDED IN EXECUTIVE SESSION
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