Mar 23, 2021 Regular

MISS ANDERSON. >> GOOD MORNING.

JENNIFER ANDERSON. HAYS COUNTY ELECTION ADMINISTRATOR. THIS HAS HISTORICALLY BEEN FILLED BY MARY SALINAS IN THE OFFICE.

WHEN WE TOOK HER POSITION AND TURNED IT INTO A FULL-TIME POSITION FOR THE ELECTION OFFICE, SHE WENT ON A TEMPORARY BASIS DURING ELECTIONS. SO THIS IS SOMETHING SHE'S ALWAYS DONE IN OUR OFFICE ON A TEMPORARY BASIS WHEN WE ARE OUT JUST SO WE CAN KEEP THE DOORS OPEN AND BE ABLE TO ANSWER PHONE

CALLS AND HELP THE PUBLIC. >> ANY QUESTIONS?

>> JUDGE, I JUST WANT TO THANK MISS SALINAS FOR HER CONTINUED SUPPORT OF OUR ELECTIONS OFFICE. SHE'S A WONDERFUL PERSON, A GREAT COMMUNITY MEMBER AND REALLY APPRECIATE HER

WILLINGNESS TO STEP UP AND HELP. >> ABSOLUTELY.

>> I JUST WANT TO -- I'VE KNOWN HER FOR YEARS AND YEARS.

SHE'S ALWAYS BEEN THAT. EVEN WHEN SHE WAS WITH THE CITY MUNICIPAL COURT. JUST TELL HER WE APPRECIATE ALL

HER SERVICE. >> ANY COMMENTS?

>> LUCKY TO HAVE HER. >> THANK YOU, MS. ANDERSON VERY

MUCH. >> THANK YOU.

>> PLEASE CALL THE ROLL. >> COMMISSIONER JONES.

[00:50:01]

>> YES. WILL YOU PLEASE OPEN AGENDA ITEM

[18. Authorize payment to Waldrip Insurance Agency in the amount of $1,425.00 in which no purchase order was issued as required per the County Purchasing Policy. INGALSBE/RICHEY]

NUMBER 18. >> AUTHORIZE PAYMENT TO WALDRIP INSURANCE AGENCY IN THE AMOUNT OF $1425 IN WHICH NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER THE COUNTY PURCHASING POLICY.

>> SO MOVED. >> WE HAVE A MOTION AND SECOND AND WE HAVE MS. RICHIE PRESENT IF SHE'S NEEDED FOR ANYTHING.

>> JUST AN OVERSIGHT, JUDGE, AND I THINK WE ARE GOOD.

>> OK. PLEASE CALL THE ROLL.

>> JUST SO I DON'T OVERLOOK SOMETHING, IS THERE ANOTHER AGENDA ITEM MS. RICHIE IS HERE FOR?

>> 35A. >> THANK YOU EXACTLY RIGHT, IF

[35. Discussion and possible action to related to the disbursement specifications of 2021 Cost Of Living Allocation. SHELL/RICHEY]

YOU WILL PLEASE OPEN 35. >> 35.

DISCUSSION AND POSSIBLE ACTION TO RELATED TO THE DISBURSEMENT SPECIFICATIONS OF 2021 COST OF LIVING ALLOCATION.

COMMISSIONER SHELL? >> MS. RICHIE, THINK SHE HAS

SOME IDEAS FOR US TO CONSIDER. >> IF YOU WILL PLEASE APPROACH AND TITLE FOR THE VIEWING PUBLIC.

>> THANK YOU. I'M BRITNEY RICHEY, THE HAYS COUNTY TREASURER. WE ARE GETTING READY TO IMPLEMENT THE 2% COST OF LIVING ALLOCATION THAT THE COURT AWARDED DURING THIS BUDGET CYCLE AND WE HAVE SOME QUESTIONS OF COURSE AS WE ARE TRYING TO IMPLEMENT BECAUSE WE DIDN'T GET EXTREME CLARITY WHEN WE WERE TRYING TO RESEARCH AND TRY TO FIND OUT AND I DON'T WANT TO DO ANYTHING INAPPROPRIATE SO I AM HERE TODAY TO ASK MY QUESTIONS. FIRST OF ALL, MY FIRST QUESTION IS, THE 2% ALLOCATION, I AM ASKING IF IT'S OK OR IF THIS IS THE INTENT OF THE COURT TO GIVE THAT ALLOCATION BASED ON THE SALARY THEY ARE MAKING RIGHT NOW? OR IS IT BASED ON THE SALARY THEY WERE MAKING IN SEPTEMBER? SO, UM, MY ASSUMPTION IS IT'S BASED ON THE SALARY THEY ARE MAKING RIGHT NOW, THEY SHOULD GET 2% IN ADDITION TO THAT.

THAT'S MY FIRST QUESTION. >> OK.

COMMISSIONERS, DID YOU HAVE AN OPINION?

I THINK IT'S RIGHT NOW. >> I WOULD HAVE SAID WHENEVER WE BUDGETED FOR IT AND SEPTEMBER WE KNEW WHAT OUR NUMBERS WERE THEN AND THAT'S WHAT WE BASED OUR DECISION OFF OF.

>> WELL WE HAVE RUN THE FIGURES AND ACTUALLY, IT'S BASED ON THE FIGURES THAT WERE BUDGETED AT THE TIME AND CURRENT FIGURES, THERE'S REALLY NOT A BIG DIFFERENCE.

SO WE HAVE HAD PEOPLE LEAVE AND THERE'S BEEN SOME ATRIES AND STUFF. IT'S JUST A MATTER OF IMPLEMENTATION AS FAR AS WHAT YOU GUYS MIGHT WANT TO DO.

IF IT'S BASED ON THE CURRENT SALARY OR BASED ON THE 9/30

SALARY. >> DOES THE AUDITOR'S OFFICE

HAVE ANY INPUT? >> --

>> BASED ON THE PRIOR AMOUNTS BUT -- ATTRITION COULD COVER --

GO AHEAD -- CURRENT SALARY. >> I THINK CURRENT SALARY SOUNDS LIKE AN EASIER MATHEMATICAL EQUATION FOR FOLKS.

THAT'S WHY I WAS THINKING CURRENT.

IT SOUNDS SOUNDS LIKE OUR AUDITD TREASURER BOTH SAID IT'S NOT

MUCH DIFFERENCE. >> I AM OK WITH THE CURRENT

SALARY, JUDGE. >> IS THE EMPLOYEE, AS LONG AS THEY ARE A CURRENT EMPLOYEE, THEIR SALARY DOESN'T GO BACK TO WHETHER THEY WERE EMPLOYED BEFORE ANY EMPLOYEES --

>> WELL THAT'S ONE OF MY OTHER QUESTIONS IS DOES IT APPLY TO ALL CURRENT EMPLOYEES OR ONLY EMPLOYEES THAT WERE EMPLOYED AS OF 9/30? WOULD YOU WANT TO INCLUDE ANY NEW HIRES THAT HAVE COME ON BOARD SINCE OCTOBER?

>> I BELIEVE THE NEW HIRES WOULDN'T BE INCLUDED.

>> I WOULD AGREE WITH YOU. >> OK.

I JUST WANTED TO MAKE SURE I'M FOLLOWING ALONG WITH YOU GUYS.

>> THESE ARE ALL GOOD QUESTIONS. >> VERY GOOD QUESTIONS.

SO CURRENT AND NOT NEW HIRES. >> OK.

AND THE PEOPLE THAT ARE AT MAXIMUM FOR THEIR GRADE, IT IS ASSUMED THAT THEY WOULD GET A LUMP-SUM PAYMENT AS WE USUALLY DO ON A COST OF LIVING SITUATION.

BUT BEFORE I WENT FORWARD WITH THAT, I WANTED TO MAKE SURE THAT

WAS YOUR INTENT. >> YEAH THAT WOULD BE CONCURRENT

WITH POLICY IN THE PAST. >> CONSISTENT.

>> OK. ALL RIGHT.

PEOPLE ELIGIBLE IF THEY ARE ALREADY RECEIVING AN AUTOMATIC INCREASE IN FY21?% IT WAS BUDGETED FOR ANYBODY THAT IS ON A CURRENT PROGRESSIVE PLAN.

FOR INSTANCE WE HAVE SOME DEPARTMENTS THAT AUTOMATICALLY PROGRESS THROUGHOUT THE YEARS. WOULD THEY BE INCLUDED? AND IF SO, WOULD THE COLLECTIVE BARGAINING BE INCLUDED? IT IS MY IMPRESSION THAT COLLECTIVE BARGAINING WAS ALREADY ADDRESSED EARLIER THIS YEAR AND WOULD NOT BE INCLUDED.

I JUST WANTED TO VERIFY THAT AS WELL AS ANY PROGRESSIVE PLANS.

>> I AM GOOD WITH THE -- >> I WOULD THINK IT WOULD BE INCLUDED WITH PROGRESSIVES. BUT NOT COLLECTIVE BARGAINING.

>> OK. OBVIOUSLY WE HAVE DISCUSSED NOT ELECTED OFFICIALS. ELECTED OFFICIALS WOULD NOT BE

[00:55:02]

RECEIVING THE COST OF LIVING. AND NEITHER WOULD THE TEMPORARY EMPLOYEES OR INTERNS. IS THAT CORRECT?

>> YES. >> SOUNDS GOOD.

>> I THINK THAT'S ALL MY QUESTIONS.

>> THANK YOU SO MUCH. ARE THERE ANY OTHER AGENDA ITEMS THAT YOU ARE GOING TO BE HERE FOR THAT YOU WANT TO SEE?

>> UM -- NOT PARTICULARLY. >> VERY GOOD.

I WANT TO MAKE SURE WE KEEP YOU MOVING.

>> I APPRECIATE THAT. >> THERE IS NO ACTION REQUIRED.

JUST CLARIFICATION. >> THAT WAS CLARIFICATION.

I DON'T KNOW IF WE NEED TO -- >> SHOULD WE CREATE A MOTION MR. KENNEDY TO BE OR ARTICULATE? I MOVE THAT WE PROVIDE ARTICULATED DETAIL TO OUR TREASURER, MS. RICHEY THAT THE 2% WAS TO BE APPLIED AT CURRENT SALARY.

THAT WE DON'T INCLUDE NEW EMPLOYEES, AND THAT WE DON'T INCLUDE THE COLLECTIVE BARGAINING.

>> AND WE DO INCLUDE PROGRESSIVE.

>> AND LUMP SUM -- >> AND LUMP SUM -- WITHOUT ANY NOTES, NOT BAD, HUH? FOR THOSE THAT ARE ON THE TOP OF THE SCALE. AND NO PAY INCREASE FOR ELECTED OFFICIALS. CORRECT.

>> TEMPORARIES AND INTERNS. >> AND TEMPORARIES AND INTERNS.

IS THERE A SECOND? >> SECOND.

PLEASE CALL THE ROLL. >> COMMISSIONER SMITH.

>> YES. >> THANK YOU FOR TAKING THE TIME TO ASK FOR THAT CLARIFICATION. I WANT TO KEEP MOVING THROUGH THIS LIST. IF YOU WILL PLEASE OPEN AGENDA

[40. Discussion and possible action to consider modification of job description for the Court Reporter serving Hays County Court at Law #3, in accordance with Chapter 52 of the Texas Government Code. The Court may opt to convene in Executive Session to consult legal counsel under Texas Government Code Sec.551.071. BECERRA]

ITEM NUMBER 40. >> 40.

DISCUSSION OF POSSIBLE ACTION TO CONSIDER MODIFICATION OF DESCRIPTION FOR THE COURT REPORTER SERVING HAYS COUNTY COURT OF LAW NUMBER 3 IN ACCORDANCE WITH 52 OF THE GOVERNMENT CODE. THE COURT MAY OPT TO CONVENE IN EXECUTIVE SESSION TO CONSULT LEGAL COUNSEL UNDER TEXAS

GOVERNMENT CODE SECTION 551.071. >> SO MOVED.

>> SECOND FOR DISCUSSION. >> WE HAVE A MOTION AND A SECOND. AND, SHOULD WE ASK FOR -- WHO SHOULD WE ASK FOR DIRECTION FIRST?

>> JUDGE, SHOULD WE ASK FOR -- SHOULD WE OPEN THE SECOND ONE AS

WELL? >> WE COULD.

>> I JUST HAVE A FEELING THAT THE CONVERSATION MAY CONFER

BOTH. >> WHICH ONE, IS IT --

>> I JUST OPENED 40. >> SORRY ABOUT THAT.

>> SO THAT THE THE COURT REPORTER AND I THINK MR. KENNEDY

-- >> MR. KENNEDY WOULD YOU LIKE TO

START THE CONVERSATION? >> THOSE MATERIALS WERE ACTUALLY PROVIDED BY JUDGE THOMPSON. I JUST HANDED THEM, LABELED THEM AND HANDED THEM OUT FOR YOU. YOU WILL NOTE THAT THERE'S A -- AN ITEM NUMBER AT THE TOP RIGHT-HAND CORNER OF EACH OF

THOSE DOCUMENTS FOR CLARITY. >> IS THIS AN AMENDED JOB

DESCRIPTION OR THE CURRENT? >> IT IS AMENDED.

AND SPECIFIC -- >> IT WAS SAID IN THE AUDIENCE BY OUR H.R. DIRECTOR THAT IT IS AMENDED AND SPECIFIC TO COUNTY

COURT LAW NUMBER 3. >> DO WE HAVE THE ORIGINAL

ANYWHERE TO COMPARE? >> IF YOU WILL PLEASE APPROACH THE PODIUM AND STATE YOUR NAME AND TITLE FOR THE VIEWING

PUBLIC. >> MY NAME IS MIL WILL, Y THOMPSON, THE ELECTED JUDGE OF HAYS COUNTY COURT OF LAW NUMBER 3. I DID NOT BRING THE ORIGINALS OR FORMER SHEER VONS, I SHOULD SAY, WITH ME FOR COMPARISON.

THOUGH IT DOES EXIST IF YOU NEED IT.

>> OF COURSE. ARE YOU IN A POSITION WHERE YOU

COULD ARTICULATE THE DIFFERENCE? >> FOR THE COURT REPORTER POSITION, I CHANGED SEVERAL THINGS FROM A FORMER VERSION THAT H.R. PROVIDED ME. AND IT INCLUDED CHANGES WHERE IN THE FORMER VERSION, THERE WAS A REQUIREMENT THAT THE COURT REPORTER KNOW THE CODE OF CRIMINAL PROCEDURE, THE CODE OF CIVIL, OR THE RULES OF CIVIL PROCEDURE, AND SOME OTHER CODE BOOKS. I REMOVED THAT AND MADE IT SPECIFIC TO A COURT REPORTER, BECAUSE THAT'S MY JOB AND THE ATTORNEY'S JOB, NOT THE COURT REPORTER'S JOB.

THERE WERE SOME OTHER ITEMS THAT I REMOVED THAT WERE NOT SPECIFIC TO A COURT REPORTER. AND THEN MS. MILLER AND I WENT BACK AND FORTHWITH COMMENTS UNTIL I CAME WITH THAT VERSION.

THAT VERSION IS DISTINCT FROM THE VERSION THAT MS. MILLER SENT

[01:00:04]

BACK TO ME YESTERDAY IN THAT IT MAKES THE COURT REPORTER POSITION AN APPOINTED POSITION CODE LANGUAGE.

>> AND HAVE WE, FOR MS. MILLER, HAVE WE CONSIDERED THE SAME FOR THE OTHER TWO COUNTY COURTS? IN OTHER WORDS, WOULD WE MAKE THIS CONSISTENT SO THAT IT'S CLEAR THAT THE COUNTY COURT OF LAW JUDGE, WHETHER 1, 2 OR 3 HAS THE ABILITY TO APPOINT THEIR OWN

COURT REPORTER? >> FOR CONSISTENCY, THAT'S A GREAT QUESTION AND IF YOU WILL PLEASE STATE YOUR NAME AND

TITLE. >> SHERRY MILLER, HAYS COUNTY H.R. DIRECTOR. I HAVE NOT HAD DISCUSSIONS WITH THE OTHER TWO COUNTY COURT LAW JUDGES.

REGARDING THE JOB DESCRIPTION EDITS THAT JUDGE THOMPSON HAS ASKED FOR TO DATE. CERTAINLY I PREFER TO HAVE AS CONDENSED JOB DESCRIPTIONS AS WE CAN.

I SIMPLY CANNOT MANAGE 1,000 JOB DESCRIPTIONS.

SO A JOB DESCRIPTION FOR EVERY EMPLOYEE WOULD BE QUITE THE THOMPSON'S GOAL IS TO IDENTIFY THE POSITION AS APPOINTED WHICH MAY OR MAY NOT BE NECESSARY ON A JOB DESCRIPTION. BUT WE COULD CERTAINLY IDENTIFY THAT IN THE JOB POSTINGS. OFTENTIMES THOSE LITTLE INTRICACIES WE PULL OUT AND DON'T PUT THEM IN THE JOB DESCRIPTION SO THAT WE CAN USE THE DESCRIPTION ACROSS SEVERAL POSITIONS. BUT WE DO IDENTIFY THOSE TYPES OF OF SPECIALTY THINGS SUCH AS POSITIONS THAT REPORT TO ELECTED OFFICIALS, WE DO IDENTIFY ON THE POSTING THAT THAT POSITION -- SO APPLICANTS KNOW THAT THAT POSITION REPORTS TO AN ELECTED OFFICIAL AND IS EMPLOYED AT THEIR PLEASURE.

SO JUDGE THOMPSON AND I TALKED THIS MORNING AND I DID SEND MY EDITS TO HER YESTERDAY AFTERNOON.

SHE'S GIVEN ME A HARD COPY AND I CAN'T SEE THE EDITS THAT SHE TOOK FROM MINE. SO UNTIL I SEE THOSE, I DON'T KNOW WHERE WE STAND. THERE WERE QUITE A FEW SECTIONS IN HER DRAFT DESCRIPTION THAT WERE EXCLUDED.

AND FOR CONFORMANCE AND CONSISTENCY, I PREFER OUR JOB DESCRIPTIONS TO ALL REMAIN CONSISTENT IN SOME OF THOSE SECTIONS. AND SO I THINK JUDGE THOMPSON AND I STILL HAVE SOME WORK TO DO IN, AND IF THE COURT WERE TO APPROVE A SEPARATE DESCRIPTION FOR COUNTY COURT OF LAW 3, SHE AND I CAN FLESH OUT THOSE DIFFERENCES I BELIEVE.

>> AND SHERRY JUST TO REITERATE FROM THE LAST TIME, IF THE POSITION IS APPOINTED, THERE ARE SOME BENEFITS THAT DON'T COME WITH THAT. POSITION.

CORRECT? >> WE HAD A COMMUNICATION IN THE PAST WEEK ABOUT THAT AND BRITNEY FLESHED OUT AND MADE DETERMINATIONS ON WHAT WOULD AND WOULD NOT.

APPLY TO AN APPOINTED PERSON. >> AND MS. THOMPSON IF YOU WOULD

APPROACH THE PODIUM. >> THANK YOU SO MUCH.

SO MY UNDERSTANDING IS COURT REPORTERS ARE A LITTLE DIFFERENT FROM COORDINATORS. WHILE A COORDINATOR BEING APPOINTED MAKES A DIFFERENCE IN TERMS OF OVERTIME AND SICK LEAVE AND VACATION LIKE WE DISCUSSED A FEW WEEKS AGO, IT DOES NOT MAKE THE SAME DIFFERENCE FOR A COURT REPORTER.

THERE'S AN OPINION THAT CAME OUT THAT SAYS, EVEN IF A COURT REPORTER IS APPOINTED THEY STILL ARE NONEXEMPT IN TERMS OF FLSA.

AND SO THEY WOULD STILL -- THE IN, STILL ACREW SICK LEAVE AND ALL OF THOSE THINGS THAT YOU ALL WERE CONCERNED ABOUT LAST WEEK.

IF THAT ANSWERS YOUR QUESTION. >> OK.

I THINK SO. WERE THERE ANY OTHER BENEFITS

THAT ARE NOT INCLUDED? >> IN TERMS OF OTHER BENEFITS, HEALTH INSURANCE, THE OPTIONAL INSURANCE PLANS, HOLIDAY TIME, ALL OF THAT WOULD REMAIN THE SAME.

>> THAT'S CORRECT. >> MAKE SURE EVERYBODY IS IN

AGREEMENT. >> YES.

THAT'S CORRECT. >> BRITNEY RICHEY, HAYS COUNTY TREASURER. I SHARED INFORMATION ON A DEPARTMENT OF LABOR RULING THAT STATES THAT COURT REPORTERS, WHETHER THEY ARE APPOINTED OR NOT, STILL HAVE TO ABIDE BY THE STANDARDS ACT, THEY ARE NONEXEMPT WHICH MEANS THAT THEY DO HAVE TO REPORT THEIR TIME. SO I WAS EXPLAINING THAT.

SO BASICALLY, THEY WOULD BE TREATED JUST LIKE A REGULAR EMPLOYEE. EVEN IF THEY ARE APPOINTED.

SO THEY WOULD HAVE THE SAME BENEFITS AND EVERYTHING WOULD BE THE SAME. AND THAT'S BASED ON A 2005

[01:05:01]

DEPARTMENT OF LABOR RULING. >> THANK YOU.

GLAD YOU ARE STILL HERE. GREAT QUESTIONS, COMMISSIONER INGALSBE. ANY OTHER QUESTIONS,

COMMISSIONER? >> NO.

I DON'T BELIEVE SO. >> AND IF YOU, OF COURSE, IF YOU FEEL LIKE YOU HAVE ANOTHER ONE IN A MINUTE, WE CAN EASILY GO BACK TO YOU. COMMISSIONER? NO? OK.

>> I THINK THE STATUTE IS VERY CLEAR ABOUT THE STATUTE APPOINTING THEIR COURT REPORTER. I DON'T SEE ANY REASON WHY EACH JUDGE SHOULD NOT BE ABLE TO DO THAT, UNLESS THERE'S LANGUAGE THAT'S INCLUDED IN THIS ONE THAT MENTIONS FILLING IN, I WOULD LIKE TO JUST SEE THAT THE COUNTY COURT AT LAW COURT REPORTER JOB DESCRIPTION WOULD WORK FOR ALL OF THE COUNTY COURTS.

I DON'T SEE WHY THAT WOULDN'T BE POSSIBLE.

OR PRETTY SIMPLE. IT COULD BE THAT JOB DESCRIPTION BUT AS LONG AS THAT'S -- THERE'S SOME COMPARISON MADE OF THE OTHER PREVIOUS WITH THESE NEW DRAFTS AND THERE'S SOME THAT INDICATES IT'S SUITABLE. YOU WOULD HAVE JUST ONE JOB DESCRIPTION FOR THAT ONE POSITION WITHIN THAT GRADE.

>> ABSOLUTELY. I THINK WE CAN DEVELOP LANGUAGE THAT DOES IDENTIFY THAT THE POSITION, OR THE EMPLOYEE IS APPOINTED BY THE INDIVIDUAL JUDGE THAT THEY SERVE.

AND THERE WERE SOME OTHER EDITS THAT JUDGE THOMPSON IDENTIFIED THAT WE PROBABLY SHOULD TAKE OUT OF THE EXISTING JOB DESCRIPTION.

IT HAD BEEN SEVERAL YEARS SINCE THAT HAD BEEN REVIEWED.

SO I THINK WE CAN GET CONSENSUS AND A DESCRIPTION THAT WORKS FOR ALL THREE. OR HOWEVER MANY THERE ENDS UP

BEING. >> THANK YOU, MS. MILLER.

>> JUST LOOKING AT THE JOB DESCRIPTION, THE ONE THING I DO HAVE CONCERN ABOUT IS IF THESE ARE -- IF WE WANT TO TREAT THESE EMPLOYEES THE SAME AS WE WOULD TREAT ANY EMPLOYEE IN OUR COUNTY AND GIVE THEM THE SAME PROTECTIONS AS AN EMPLOYEE THAT WE WOULD GIVE IN OUR COUNTY AS AN APPOINTMENT.

THE LINE IN HERE THAT SAYS I FULLY UNDERSTAND MY APPOINTMENT IS TERMINABLE AND THE JUDGE REMAINS FREE TO CHOOSE THE ABILITY TO END EMPLOYMENT AT ANY TIME FOR REASON OR NO REASON M.FOR ME, THAT IS JUST LOOKING THROUGH THIS, UM -- THE TWO QUESTIONS THAT I HAVE IS NUMBER ONE, WE OFFER OUR EMPLOYEES JUST LIKE WE WOULD ANYONE ELSE, SOME PROTECTION HERE.

AND JUST SAYING WE WILL TERMINATE SOMEBODY WITH NO REASON, I THINK THAT'S PROBLEMATIC.

FOR ME, ANYWAY. I THINK THE STATUTE'S VERY CLEAR, YOU CAN APPOINT THAT PERSON, NO PROBLEM.

IN MY VIEW, THINK YOU HAVE EVERY RIGHT TO, JUDGE.

AND THE OTHER THING THAT -- I JUST WANT TO MAKE SURE THAT THE NEXT LINE IN THERE, I FULLY UNDERSTAND THAT I MAY BE GRANTED COMPENSATION TIME IN LIEU OF PAYMENT OF OVERTIME TO EXTEND PROVIDED BY LAW. I ALSO UNDERSTAND THAT MY SUPERVISOR CAN INSTRUCT ME TO TAKE COMPENSATION TIME.

I JUST WANT TO MAKE SURE THAT THAT CONFORMS WITH OUR CURRENT COMP TIME AS WRITTEN AND IF IT DOES, THEN I'M FINE WITH THAT.

>> THOSE TWO STATEMENTS ARE IN EVERY JOB DESCRIPTION WITH THE LAW JUDGE 3. SO WITH OUR COUNTY, WE ARE AT-WILL EMPLOYERS. AND SO, IN OUR PERSONNEL POLICY, IN OUR PRACTICES AND PROCEDURES, WE DO IDENTIFY AT-WILL EMPLOYMENT AS THE EMPLOYER CAN TERMINATE YOUR EMPLOYMENT AT ANY TIME WITH OR WITHOUT ANY REASON. AND THE FLIP SIDE OF THAT IS THAT THE EMPLOYEE CAN LEAVE HAYS COUNTY EMPLOYMENT WITH OR WITHOUT ANY REASON. AT ANY TIME.

SO THAT STATEMENT IS THROUGHOUT OUR PERSONNEL POLICY AND ALL OF

OUR JOB DESCRIPTIONS. >> I UNDERSTAND.

I JUST WANT TO MAKE SURE THAT WE DON'T PUT OURSELVES IN A POSITION WHERE IF AN EMPLOYEE DOES NOT -- HOW CAN I PUT THIS.

I DON'T WANT TO PUT AN EMPLOYEE IN A SITUATION WHERE IF THERE IS -- AND I'M NOT TALKING ABOUT JUST COUNTY COURT AT LAW NUMBER 3. I WOULD ENVISION WHATEVER WE DO WOULD BE ADOPTED ACROSS THE BOARD.

I JUST DON'T WANT TO REMOVE ANY TYPE OF, ANY ACTIONS THAT THEY MAY BE ABLE TO TAKE TO, IF THEY ARE -- IF THERE'S A SITUATION, GOD FORBID, WHERE WE HAVE AN ELECTED OFFICIAL WHO NOT ONLY WRONGFULLY TERMINATES SOMEBODY BUT DOES SO IN A MALICIOUS WAY WHICH IS PROBLEMATIC. I WANT THE INDIVIDUAL TO HAVE

RECOURSE. >> ABSOLUTELY.

>> AND THEY STILL DO. SO THAT'S GREAT.

YES, SIR. THANK YOU.

>> SO IF THERE'S -- ONE MORE? >> I HAVE ONE OTHER QUESTION.

AND SO, THE GRADE AND PAY IS CONSISTENT WITH THE OTHER COURT

[01:10:01]

REPORTERS IN COUNTY COURT AT LAW?

>> YES, MA'AM. >> SO I MOVE THAT WE ALLOW JUDGE THOMPSON AND MS. MILLER TO DEVELOP THE ARTICULATED LANGUAGE FOR CONSENSUS WITH THE OTHER TWO COUNTY COURT POSITIONS FOR UNIFORMITY TO MODIFY THEIR DESCRIPTION AND UPDATE IT.

>> CAN WE ALSO JUST HAVE HER BRING IT BACK ON CONSENT, THE FINAL JOB DESCRIPTION? WOULD THAT BE FINE?

ONCE IT'S DEVELOPED? >> THANK YOU.

>> JUST ON CONSENT? >> SURE.

WE HAVE A MOTION? AND A SECOND?

>> JUST ONE MORE QUESTION. AND I JUST WANT CLARIFICATION.

THIS IS -- IS THIS CURRENTLY AN OPEN POSITION?

>> YES. >> CURRENTLY OPEN POSITION.

>> THAT'S ALL I NEEDED. >> PLEASE CALL THE ROLL.

>> PLEASE OPEN 41. >> 41.

[41. Discussion and possible action to consider approval of funding for the appointment of a Court Coordinator to serve Hays County Court at Law #3, pursuant to Chapter 74, Subchapter E of the Texas Government Code. The Court may convene in Executive Session to consult legal counsel under Texas Government Code Sec.551.071. BECERRA]

DISCUSSION OF POSSIBLE ACTION TO CONSIDER APPROVAL OF FUNDING FOR THE APPOINTMENT OF A COURT COORDINATOR TO SERVE HAYS COUNTY COURT AT LAW NUMBER 3 PURSUANT TO CHAPTER 74 SUBCHAPTER E OF THE TEXAS GOVERNMENT CODE. THE COURT MAY CONVENE IN EXECUTIVE SESSION TO CONSULT LEGAL COUNSEL UNDER TEXAS

GOVERNMENT CODE SECTION 551.071. >> SO MOVED.

>> SECOND. >> AND THIS IS OF COURSE A CONTINUATION OF AGENDA ITEM NUMBER 40.

ANY COMMENTS OR QUESTIONS OR COURT MEMBERS THAT WOULD LICK TO HEAR FROM ANYONE SPECIFICALLY TO START?

>> THIS IS A DIFFERENT -- THOUGH, ISN'T IT, JUDGE, ABOUT

THE COORDINATOR, NOT THE -- >> OH, JUST SAYING THEY ARE ON

THE SAME TEAM. >> YEAH.

BUT TWO DIFFERENT POSITIONS. >> AND -- I GUESS I WOULD JUST ASK, JUDGE THOMPSON IF THOSE DISCUSSIONS WERE HAD WITH THE OTHER TWO JUDGES? I KNOW THAT Y'ALL WERE -- WE WERE HOPING THAT Y'ALL WOULD GET TOGETHER AND DISCUSS THIS PARTICULAR POSITION AND WAS THAT DONE?

>> I REQUESTED A MEETING AND NO MEETING WAS HAD.

>> WELL, WE DID SAY, YOU KNOW -- SPECIFICALLY REMEMBER SAYING THAT, YOU KNOW, WE HAD HOPED FOR THAT AND THAT WE WOULD COME BACK IN THE NEXT COUPLE OF WEEKS. IF WE NEEDED TO.

AND SO I GUESS WE ARE HERE NOW, JUDGE.

>> YES, MA'AM. THANK YOU FOR THAT REMINDER.

COMMISSIONER SHELL? >> I DID SPEAK TO JUDGE JOHNSON AND ASKED HIM. HE SAID THAT THEY HAD NOT HAD ONE AT THIS TIME BUT THEY DID PLAN ON HAVING ONE SOON.

WHEN THAT IS, I DON'T KNOW. BUT I KNOW THAT IT'S PLANNED.

>> OK. COMMISSIONER SMITH?

>> I DON'T KNOW. I WAS JUST READING THIS -- DID -- I'VE NEVER SEEN A JOB DESCRIPTION THAT SAYS OTHER QUALIFICATIONS OF POSITIVE BUT STUBBORN ATTITUDE.

I DON'T KNOW THAT I'VE EVER EMPLOYED AN EMPLOYEE WITH A STUBBORN ORIENTED. I WANT A CUSTOMER SERVICE ORIENTED ONE. I AM DISAPPOINTED THAT THERE HASN'T BEEN A MEETING AMONG THE THREE JUDGES AND I HOPE THAT THAT OCCURS IN THE IMMEDIATE FUTURE AND I WOULD FEEL MUCH MORE COMFORTABLE CONSIDERING THIS IF AND WHEN THAT HAPPENS.

>> SO, IT'S TALKING ABOUT FUNDING OF THE POSITION.

WHAT ABOUT OUR AUDITOR'S OFFICE? >> -- REACHED OUT TO FOR THE FUNDING? NO, IT WAS -- DON'T WE HAVE AN

OPEN POSITION? >> THERE IS AN OPEN POSITION.

>> SO BUT CURRENTLY THAT OPEN POSITION IS HIRED BY ALL THREE?

>> RIGHT. >> THAT'S CORRECT.

>> SO HOW DO WE REMOVE THIS FROM THE LOG JAM THAT IT'S IN?

>> COULD WE ASK OUR GENERAL COUNSEL TO FACILITATE THE MEETING BETWEEN THE THREE JUDGES? OR DO WE EVEN HAVE THAT AUTHORITY?

I THINK WE TRIED THAT. >> I THINK IT'S JUST A REQUEST.

BUT I WOULD BE COMFORTABLE LOOKING AT IT SOMETIME ONCE THAT'S BEEN HAD AND MAKING SURE WE ARE CONSISTENT AGAIN.

BECAUSE OTHERWISE, I DON'T THINK JOBS IN OFFICES THAT ARE

CONTRADICTORY WITH EACH OTHER. >> MAY I ADD SOMETHING, PLEASE?

>> YES, MA'AM. >> THE INDIVIDUAL WHO IS CURRENTLY HELPING ME IN COURT 3 HAS HAD A VARIETY OF PERSONAL ISSUES AND WAS OUT YESTERDAY AND IF CONTINUES TO BE OUT, MY COURT'S GOING TO SCREECH TO A HALT.

SO THIS IS A TIME-SENSITIVE MATTER.

I RESPECT THAT Y'ALL WANT TO HEAR FROM ALL THE JUDGES AND I THINK THERE'S A GOOD REASON FOR IT.

YOURS IS THE FIRST WORD I HAVE HEARD THAT THERE'S GOING TO BE A JUDGES' MEETING. ALL I KNOW IS COURT 3 NEEDS TO FUNCTION. SO, EITHER I AM GOING TO BE FORCED TO FIND A VOLUNTEER OR WE CREATE A POSITION.

[01:15:03]

NOW, IN TERMS OF THE PAY THAT Y'ALL HAD A HANGUP ON LAST TIME, PUT IT AT THE LOWEST POINT FOR THE PAY GRADE ON IT.

THAT'S FINE. I'LL MAKE UP THE DIFFERENCE.

IT JUST NEEDS TO GET DONE, PLEASE.

>> I DO HAVE A QUESTION ABOUT THAT.

BECAUSE AFTER LAST WEEK, OR WEEK BEFORE LAST, WHENEVER WE DISCUSSED THAT. I THINK -- AND I WOULD LOVE TO HEAR YOUR TAKE ON THIS, BUT I THINK STATUTORILY, THE PAY THAT'S ASSOCIATED WITH YOUR JOB HAS TO BE GIVEN SPECIFIC TO THE WORK THAT YOU ARE DOING. I DON'T THINK LEGALLY THAT WE CAN, EVEN IF YOU WANTED TO, DIVERT ANY OF YOUR PAY TOWARD ANOTHER EMPLOYEE. AND THE SAME REASON WE COULDN'T WITH ANY OTHER JUDICIAL POSITION.

BECAUSE STATUTORILY, IT'S MANDATED WHAT IT SHOULD AND SHOULDN'T BE. I WOULD LOVE TO HEAR, I MEAN IF OUR TREASURER OR ANYBODY ELSE KNOWS THAT, BUT I AM LIKE 90% SURE THAT THAT'S THE CASE IN READING THE STATUTE.

I MAY BE WRONG, BUT I -- I APPRECIATE YOUR OFFER, THE OTHER DAY, I DO. BUT I DO BELIEVE THAT THAT'S THE

CASE. >> WITHOUT LOOKING IT INTO DETAIL, I THINK THAT YOU MAY BE CORRECT ABOUT THE CORE SALARY, THAT IS STATUTORILY PRESCRIBED. BUT I DO ALSO BELIEVE THERE'S A COUPLEMENT. I DON'T INC. THIS IT'S LARGE, BUT I THINK THERE'S A SUPPLEMENT GIVEN FOR THIS POSITION, AS WELL, FOR THIS ELECTED OFFICE. IS THAT TRUE? OR NO? NO?

ONLY THE DISTRICT COURT JUDGES? >> I THINK COUNTY COURTS ARE

STATE FUNDED. >> I DIDN'T KNOW IF -- THERE.

>> 'S AN OPTION -- >> MS. RICHEY IS AT THE PODIUM.

>> STATUTORILY IT IS ALLOWED FOR ELECTED OFFICIAL TO RETURN MONEY BACK TO THE TAXPAYERS AND DONATE THEIR CHECKS BACK TO THE COUNTY.

WHETHER OR NOT THEY CAN DESIGNATE WHERE THOSE FUNDS GO, UM, WOULD BE A MATTER OF LEGAL CONCERN.

I KNOW TRADITIONALLY, IN COUNTY LEGISLATION, WE ARE NOT ALLOWED TO MAKE THOSE TYPES OF DONATIONS TO SPECIFICS, EVEN IF OUR SICK POOL, WE HAVE TO HAVE A POOL ORGANIZED AND IT CAN'T BE DONATED TO A SPECIFIC PERSON. YOU CAN'T DONATE YOUR OWN PERSONAL LEAVE TO SOMEBODY ELSE. WE HAVE A COMMITTEE THAT DETERMINES THAT. SO I WOULD -- MY QUESTION WOULD BE FOR LEGAL TO IDENTIFY WHETHER OR NOT -- SHE CAN DEFINITELY RETURN THE FUNDS BACK TO THE COUNTY BUT WHETHER OR NOT SHE CAN DESIGNATE THEM WOULD BE THE QUESTION.

>> AND THE QUESTION AROSE WHENEVER YOU SAID THAT LAST WEEK, OR PARDON ME -- WHENEVER YOU SAID THAT LAST WEEK, IT CAME TO MY VIEW BECAUSE I HAD TRIED I THINK UNSUCCESSFULLY TWO YEARS AGO TO ORGANIE, WE HAD ONE OF OUR OFFICERS IN THE SHERIFF'S DEPARTMENT HAD VERY SERIOUS MEDICAL ISSUES WITHIN HIS FAMILY AND A NUMBER OF HIS COMMERADES WANTED TO DONATE THEIR SICK LEAVE OR OVERTIME PAY, PORTIONS OF THEIR PAYCHECK BECOME AND SPECIFY THAT HE COULD RECEIVE THAT.

AND WE WERE NOT ABLE TO DO THAT AT THAT TIME.

BECAUSE OF THE SAME RESTRICTIONS THAT MS. RICHEY PUT FORTH.

I WANTED TO CLARIFY THAT BECAUSE I THINK OUR HANDS ARE KIND OF TIED ON HOW WE GO ABOUT THAT. THAT WOULDN'T BE OUR DECISION.

>> CORRECT. OR YOURS REALLY, EITHER.

AND SO I JUST WANTED TO CLARIFY THAT POINT.

>> THANK YOU, COMMISSIONER. >> THANK YOU FOR THAT.

AND NEVERTHELESS, I NEED A COORDINATOR.

>> RIGHT. THANK YOU, MA'AM.

GIVE ME A MINUTE. PLEASE GIVE ME A MINUTE.

>> YES, SIR. >> WHAT I WILL TRY TO DO AT THIS POINT IS ARTICULATE THE COURT'S GOALS AND DIRECTION IN A MOTION SO THAT WE CAN UNDERSTAND WHAT THE MOVEMENT IS IN THIS EFFORT.

THERE'S A VACANT POSITION AND WE ARE TRYING TO FILL IT, SPECIFICALLY, AND THAT'S WHAT THIS MOTION WOULD BE FOR.

BUT TO REPORT SPECIFICALLY TO COURT 3.

CORRECT? IS THAT A GOOD RECAP THAT YOU

CAN SEE? >> NO, SIR.

I WOULD JUST LIKE TO RESPECTFULLY ASK THE JUDGES TO CONVENE A MEETING AND PROVIDE FEEDBACK TO US.

>> ALTHOUGH I AGREE, 100%, IT'S NOT HAPPENED AND THEY HAVE HAD WEEKS TO DO IT AND I FEEL -- I FEEL THE SENSE OF URGENCY THAT IS BEING CONVEYED TO THIS COURT TO HELP KEEP COUNTY COURT AT LAW NUMBER 3 MOVING AND SO I FEEL THE NEED TO FILL THIS VACANCY SO THAT WE CAN KEEP IT MOVING AND IF WE HAVE TO MAKE FUTURE SUPPORTING ARTICULATIONS LATER, THEN WE DO.

BUT AT THIS POINT IN TIME I HAVE HEARD IT FROM THE JUDGE THAT IT WILL CONTINUE TO SLOW DOWN OUR JUSTICE SYSTEM AND COME TO A SCREECHING HALT. I TAKE THAT WORD, THIS IS A COURT OF RECORD. I TAKE THAT WORD TO BE TRUTHFUL IN THIS MOMENT AND SO, I WANT TO SUPPORT FILLING THAT VACANCY.

EVEN IF IT'S AT THE CURRENT PAY RATE, TO KEEP IT MOVING.

[01:20:02]

THAT'S MY EFFORT AND I AM TRYING TO ARTICULATE A MOTION AROUND THAT. SO VICKI, WOULD YOU -- OR JUDGE, BEFORE YOU WALK AWAY FROM THE PODIUM, I WANT TO ARTICULATE IN A SUCCINCT WAY WHAT THE MOTION IS SO I CAN -- I WANT TO UNJAM

THIS LOG JAM HERE. >> I AM NOT SURE WHAT MOTION YOU

WANT TO MAKE, JUDGE. >> I WANT TO HELP THIS COUNTY COURT AT LAW JUDGE TO UTILIZE THIS VACANT POSITION TO KEEP HER COURT MOVING AND I WANT TO MAKE SURE THAT WE CAPTURE THE ESSENTIALS SO THAT SHE CAN LEAVE THIS COURTROOM AND GO TO WORK.

>> SO THE -- THE COURT REPORTER POSITION THAT YOU ALL DEALT WITH IN THE PRIOR ITEM IS UNDER CHAPTER 52 OF THE GOVERNMENT CODE. THIS IS UNDER CHAPTER 74.

I THINK YOU ALL HAD SOME DISCUSSION ABOUT THIS TWO WEEKS AGO AND I DID LISTEN IN EVEN THOUGH I WAS NOT HERE IN PERSON.

AND, UM, THE DIFFERENCE BETWEEN THOSE TWO STATUTES IS NOTABLE.

CHAPTER 74101 WHICH IS THE SECTION THAT JUDGE THOMPSON CITED, IS A LITTLE CONFUSING, BUT THE ESSENCE OF IT, BY MY READING, IS THAT IT CREATES EITHER A COURT COORDINATOR SYSTEM OR COURT COORDINATORS THAT ARE APPOINTED BY EACH COURT. IT'S BEEN OUR UNDERSTANDING BECAUSE OF THE WAY THESE JOB DESCRIPTIONS READ, AND BECAUSE OF THE WAY THIS HAS BEEN BUILT IN THE PAST, THAT WE HAVE A COURT COORDINATOR SYSTEM HERE THAT IS, IT REPORTS UP THROUGH THE COUNTY COURT AT LAW ADMINISTRATOR, FORMERLY RENEE GARNER. AND THAT'S THE WAY THE SYSTEM IS BUILT. I BELIEVE WHAT JUDGE THOMPSON IS WANTING YOU TO DO IS TAKE A POSITION, EITHER NEWLY CREATED AND PUT A COURT COORDINATOR UNDER THAT COURT AND APPROVE THAT POSITION, AND THE COMPENSATION FOR THAT POSITION, OR TO TAKE A CURRENTLY VACANT POSITION IN THE COURT COORDINATOR SYSTEM AND MOVE IT UNDER HER COURT.

SO THAT SHE COULD RELY UPON THE OTHER PART OF 74.101, WHICH IS TO APPOINT THAT COURT COORDINATOR FOR HER COURT ALONE.

SO -- YOUR MOTION THEN WOULD BE TO TAKE EITHER A VACANT POSITION OR CREATE A NEW ONE, ONE OR THE OTHER.

>> THANK YOU. >> AND TO CREATE IT UNDER HER BUDGET. HAVE A JOB DESCRIPTION THAT, LIKE THE LAST ITEM, INDICATES THAT THAT PERSON REPORTS TO THE

COUNTY COURT AT LAW NUMBER 3. >> BEAUTIFUL.

THANK YOU, MR. KENNEDY. I APPRECIATE THAT HELP.

I MOVE THAT WE RELOCATE THE STILL-VACANT POSITION OF COURT COORDINATOR TO REPORT DIRECTLY UNDER COUNTY COURT AT LAW NUMBER 3. AND TO HAVE THE ARTICULATED JOB DESCRIPTION WORKED OUT WITH MS. MILLER SO THAT JUDGE THOMPSON CAN GET TO WORK. DID I LEAVE ANYTHING OUT,

MR. KENNEDY? >> I THINK THAT WILL COVER IT, AT LEAST FOR THE PURPOSES OF YOUR MOTION.

IF PEOPLE HAVE CONCERNS THEY CAN OFFER A FRIENDLY AMENDMENT.

>> THANK YOU. DO I HAVE A SECOND?

>> I AM GOING TO GO AHEAD AND SECOND THAT MOTION AND, JUDGE, I NEED TO ASK A FEW QUESTIONS. AGAIN, AND YOU MENTIONED IT, THE JOB DESCRIPTION, SHERRY, I GUESS THIS IS ANOTHER ONE THAT Y'ALL ARE GOING TO WORK ON TO ENSURE THAT WE ARE AS CONSISTENT AS WE CAN BE WITH THE OTHER COURT COORDINATING POSITIONS.

>> YES, MA'AM. THANK YOU FOR CALLING ON ME.

SHERRY MILLER, HAYS COUNTY HUMAN RESOURCES DIRECTOR, SO WE HAVE A DIFFERENCE IN LANGUAGE AND JUDGE THOMPSON AND I CAN PROBABLY WORK THAT OUT. SHE'S REFERRING TO COURT COORDINATOR WHICH WE DO NOT HAVE A POSITION TITLED THAT.

WE HAVE, OVER THE YEARS, HISTORICALLY USED A DIFFERENT TITLE. COURT ADMINISTRATOR.

AND THEN ASSISTANT COURT ADMINISTRATOR, AS THE LOWEST LEVEL POSITION AND THEN LEAD. SO, I THINK IN TERMS OF A CLASSIFICATION QUESTION THAT I HAVE IS -- WHAT WILL THIS POSITION DO? I SUSPECT I KNOW, BUT I WANT TO CONFIRM WITH JUDGE THOMPSON AND AT WHAT LEVEL WILL SHE UTILIZE THE POSITION. BUT CERTAINLY WE CAN WORK OUT, IF THE COURT SO APPROVES, THE LANGUAGE.

[01:25:04]

WE MAY BE EVEN CAN GET TO USING THE SAME JOB DESCRIPTION FOR ALL THREE COURTS AND WORK IN LANGUAGE THAT IDENTIFIES THAT THIS POSITION, OR A POSITION WOULD WORK FOR WHICHEVER JUDGE.

>> I DO HAVE ANOTHER, IF YOU WILL ALLOW ME, THERE ARE OTHER EMPLOYEES IN THE DEPARTMENT. WE ARE NOT TALKING ABOUT JUST A ONE-PERSON DEPARTMENT RIGHT NOW. SO MY CONCERN FROM A WORKFLOW PERSPECTIVE IS, ARE THERE OTHER EMPLOYEES THAT CAN ASSIST JUDGE THOMPSON IN THIS TIME SO THAT HER COURT DOES NOT COME TO A

HALT? >> JUDGE --

>> YEAH, I MEAN I UNDERSTAND THOSE CONCERNS.

I THINK WE HAVE ALL SHARED THEM UP HERE ALSO.

WE ALSO ASK THAT THE JUDGES GET TOGETHER.

I MEAN -- I DON'T KNOW THAT WE WANT TO BE PUT IN THIS POSITION TO, YOU KNOW, HAVE TO DO THIS. BUT, UM, AND I DON'T KNOW HOW IT'S GOING TO DISRUPT OTHER COURTS.

AS FAR AS CREATING SEPARATE COURT COORDINATOR.

BUT HERE WE ARE. >> I'LL WORK THROUGH THOSE, SOME OF THOSE LOGISTICS WITH JUDGE THOMPSON.

THERE'S A COUPLE OF OTHER THINGS THAT ARE COMING TO MIND SUCH AS HOW WILL THE WORK FLOW UP TO THE COURT ADMINISTRATOR.

WE WILL WORK THROUGH THAT. >> I APPRECIATE YOUR WILLINGNESS TO WORK WITH HER IN A WAY THAT'S UNIQUE.

THANK YOU VERY MUCH. ANY OTHER COMMENTS?

>> I DO HAVE A QUESTION, JUDGE. IF THIS WERE TO BE A STRICTLY APPOINTED POSITION LIKE WE ARE TALKING ABOUT, WE HAVE CLASSIFICATIONS OF EMPLOYEES AND I'M GLAD TO SEE THAT, UNLIKE THE COURT REPORTER SITUATION, THIS INDIVIDUAL WOULD NOT BE ABLE TO ACCRUE VACATION TIME AND THE OTHER BENEFITS.

I WANT CLARIFICATION ON THAT. >> YOU ARE CORRECT.

AN EMPLOYEE WOULD BE FLSA EXEMPT.

HOWEVER, IF THAT MAKES A DIFFERENCE TO Y'ALL, PLEASE DO STRIKE THROUGH "APPOINTED" AND CONSIDER IT "HIRED" IF THAT'S WHAT HANGS US UP. IF THE BENEFITS ARE WHAT'S A CONCERN, IF YOU ALL WANT TO MAKE IT A HIRED POSITION UNDER COURT 3, FINE WITH ME. I JUST NEED ONE.

>> OK. AND MY OTHER Q- YES, FORGIVE MEI WROTE IT DOWN. THAT WAS MY MAIN QUESTION.

THE OTHER ONE IS, WHENEVER IT COMES TO WORKFLOW, ONE OF THE BIGGEST CONCERNS THAT WE HAD, I KNOW THAT EVEN JUDGE BECERRA AND I SHARED THIS CONCERN WAS THE CONVERSION OF THE COURTS TO A TRULY UNIFIED PROGRAM. BECAUSE WE HAD FOLKS WHO WE KNEW OVER TIME, THEIR COURTS WERE OVERBURDENED.

SOME WERE NOT CARRYING THE LOAD THAT THEY SHOULD, SO MY QUESTION IS WHENEVER YOU HAVE THAT COVERAGE, WHENEVER YOU HAVE THIS -- AND ON THE COURT REPORTER I'M NOT AS CONCERNED ABOUT IT AT ALL, WHATEVER WE TALK ABOUT THE COURT COORDINATOR, WHAT MY REAL CONCERN IS, IS WHENEVER YOU HAVE SITUATIONS LIKE IN THE LAST TWO WEEKS OR IN THE NEXT, YOU KNOW, ESPECIALLY NOW THAT WE ARE TRYING TO DIG OUT OF THE BACKLOG HOLE WITH COVID, IF YOU DECIDE TO TAKE OFF A WEEK IN AUGUST OR IF ONE OF THE OTHER JUDGES AT THE END OF THE DAY, THAT OVERALL LEAD COURT COORDINATOR WILL STILL HAVE SOME DIRECTION RELATIVE TO HOW TO SCHEDULE AND THOSE KIND OF THINGS AND HOW THOSE PERIODS WILL BE COVERED.

THAT'S MY BIGGEST CONCERN. BECAUSE WHENEVER YOU DO HAVE AN APPOINTMENT, IT DOESN'T -- WE ARE A HOP, KIP AND A JUMP AWAY FROM -- AND I'M NOT SAYING THIS WOULD BE THE CASE, BUT THE CONCERN I HAVE IS, ESPECIALLY IN A POSITION WHERE WE ARE ELECTED AND SOMEBODY WORKS FOR US, IT'S VERY EASY FOR ONE OF OUR, THANKFULLY OUR EMPLOYEES HAVEN'T SAID IT, COULD SAY I DON'T WORK FOR YOU. I WORK FOR THIS INDIVIDUAL.

AT THE END OF THE DAY, IF THIS PERSON IS WORKING UNDER YOUR PURVIEW, I WOULD WANT SOME ASSURANCES THAT WHENEVER WE HAVE THOSE -- I WOULD LIKE SOME ASSURANCES THAT WHEN WE HAVE THOSE LAGS THAT THEY ARE GOING TO BE WORKING DIRECTLY PERHAPS UNDER THAT LEAD COURT COORDINATOR TO MAKE SURE THERE AREN'T ANY HOLES IN SERVICE IN COVERING THOSE NEEDED --

>> I AM GLAD THAT YOU ARE CONCERNED ABOUT THAT, THAT'S WHY I AM HERE AND WHY I AM CONCERNED ABOUT IT.

SO, COURT ADMINISTRATORS, THAT IS SANDRA LOPEZ.

SHE DECIDES IN CONJUNCTION I'M SURE WITH JUDGE JOHNSON AS THE

[01:30:02]

ALJ ON THE FAIR AND JUST DISTRIBUTION OF CASES TO THE COUNTY COURTS AT LAW. SO MY COORDINATOR WOULDN'T DECIDE HOW LIGHT OR HOW HEAVY M. SANDRA LOPEZ DOES.

IN TERMS OF THE WEEK OR TWO I MAY TAKE OFF FOR VACATION, COORDINATORS ARE WORKING A MONTH TO TWO MONTHS IN ADVANCE.

SO TODAY FOR EXAMPLE, COORDINATOR IS GETTING E-MAILS FOR MAY SETTINGS. HEY CAN WE RESET THIS? I HAVE SOMETHING ELSE GOING ON, SAYS THE ATTORNEY.

AND SHE DOES IT. SO ME BEING OUT IN AUGUST, AUGUST WOULD HAVE BEEN WORKED OUT TWO MONTHS BEFORE.

AND SO SHE WOULD HAVE HER DIRECTIONS ON WHAT TO DO AND SHE WOULD STILL BE WORKING FOR COUNTY COURT LAW NUMBER 3 BECAUSE SHE'S DEALING WITH SEPTEMBER AND OCTOBER AT THAT POINT. NOW, WILL I SHARE MY EMPLOYEE? ABSOLUTELY. IF THEY NEED HELP FOR ANY REASON, ABSOLUTELY I WILL DIRECT HER TO PLEASE GO AND ASSIST WITH THE OTHER COURTS. JUST AS THE COURT REPORTER DESCRIPTION IS, I WOULD DO THE SAME.

YES, SIR. >> AT THE END OF THE DAY, THEY ARE STILL COUNTY EMPLOYEES. LET'S NEVER FORGET THAT.

>> YES, SIR. >> ANY OTHER COMMENTS OR

QUESTIONS? >> THANK YOU FOR THAT.

>> PLEASE CALL THE ROLL. >> COMMISSIONER SHELL?

>> NO. >> SUBMISSIONER SMITH.

>> NO. >> COMMISSIONER JONES.

>> NO, UNTIL WE HEAR FROM THE OTHER JUDGES.

>> JUDGE BECERRA. >> YES AND UNFORTUNATELY, WE ARE PUTTING A THIRD OF OUR COUNTY COURT AT LAW JUDICIAL SYSTEM IN A TERRIBLE DISADVANTAGE AT THIS TIME.

AND THANK YOU FOR FIGHTING FOR THAT, JUDGE THOMPSON.

>> THANK YOU ALL FOR YOUR TIME. >> JUDGE THOMPSON --

>> WE WILL TAKE A 10- WE ARE BACK FROM A SHORT RECESS. WILL YOU PLEASE OPEN AGENDA ITEM

[11. Approve out of state travel, utilizing the Sheriff's Office Continuing Education Funds, for Deputy Herman Adair to attend the International Association of Auto Theft Investigators Conference on August 8-13, 2021 in Broomfield, Colorado. INGALSBE/CUTLER]

NUMBER 11. >> NUMBER 11.

APPROVE OUT OF STATE TRAVEL UTILIZING THE SHERIFF'S OFFICE CONTINUING EDUCATION FUNDS FOR DEPUTY HERMAN ADAIR TO ATTEND THE INTERNATIONAL ASSOCIATION OF AUTO THEFT INVESTIGATORS CONFERENCE ON AUGUST 8-13, 2021 IN BROOMFIELD, COLORADO.

AND WE HAVE ONE PERSON SIGNED UP TO SPEAK.

MR. RODRIGO AMARYA. >> JUDGE, COMMISSIONERS, COUPLE OF THINGS. FIRST OFF -- CONSIDER THE SOURCE

-- >> PRECINCT 1, THIS IS THE FIFTH ITEM I'VE SEEN YOU SUPPORT, THINK WE NEED TO BE MORE CAREFUL ABOUT SUPPORTING JUST WHATEVER COMES UP.

NOW WE GOT CONTINUING EDUCATION FOR AUTO THEFT.

I BELIEVE THIS WAS THE GUY THAT WAS ASSIGNED TO THE LICENSE AND WEIGHT DIVISION OF THE SHERIFF'S OFFICE A COUPLE YEARS BACK.

WHAT'S GOING ON WITH ONE INDIVIDUAL GETTING ALL THIS TRAINING? WHAT'S GOING TO HAPPEN WHEN HE LEAVES? RETIRES? HE TAKES ALL THAT WITH HIM. DID Y'ALL EVER MONITOR HOW MUCH PRODUCTION HE WAS GENERATING WHEN HE WAS DESIGNATED AS L AND W SCALE? I NEVER REALLY SAW THE GUY.

BUT I WOULD BE CURIOUS TO FIND OUT.

NOW WE GOT MORE MONEY GOING OUT TO GO TRAIN FOR AUTO THEFT CONFERENCE, COLORADO. AGAIN, CONSIDER WHO IS MAKING THIS REQUEST. THE HISTORY BEHIND IT.

THE ISSUES WITH THAT OFFICE. THE SERIOUS FINANCIAL BLUNDERS THAT HAVE COME OUT OF THAT OFFICE AND CONTINUE TO COME OUT OF THAT OFFICE. AS I SAID, CONSIDER WHO IS REQUESTING IT. AND I DO HOPE Y'ALL ASK THE REPRESENTATIVE OF THE SHERIFF'S OFFICE, CAPTAIN CUMBERLAND THAT'S BEHIND ME, I THINK HE'S STILL BACK THERE, TO REALLY, REALLY TRULY JUSTIFY THIS REQUEST. IF YOU GIVE ME FIVE MINUTES AFTER HE GETS DONE, I CAN DISCREDIT HIS PRESENTATION IF YOU WOULD FIND IT IN YOUR HEARTS TO DO SUCH A THING.

PRETTY SURE THE CITIZENS OF HAYS COUNTY WOULD APPRECIATE IT.

THANK YOU. >> THANK YOU.

UM, COMMISSIONER? >> JUDGE, I CAN'T --

>> I THINK YOUR MIC IS -- WRONG DIRECTION.

>> SORRY. I WON'T BE ABLE TO ANSWER ALL THE QUESTIONS THAT MR. AYMAYA ASKED BUT IT IS FOR CONTINUING

[01:35:01]

EDUCATION AND TRAINING AND IT APPEARS THAT HE IS THE ONLY OFFICER THAT WE HAVE DOING THIS TYPE OF INVESTIGATION.

YOU KNOW, WE HAVE ALWAYS FELT THAT IT'S IMPORTANT FOR OUR EMPLOYEES TO GET THE PROPER TRAINING, BUT IF THERE'S ANY OTHER QUESTIONS OR THE NEED TO BE ANSWERED, I WOULD HAVE TO TURN IT OVER TO THE SHERIFF'S OFFICE.

>> MR. CUMBERLAND, WOULD YOU MIND APPROACHING THE PODIUM?

>> YES, SIR. >> AND, THE COMMISSIONER SUGGESTED YOU APPROACH THE PODIUM TO ADDRESS SOME OF THE

COMMENTS. >> OK.

THE COMMENTS WERE PRETTY BROAD. >> IN GENERAL ABOUT OUR CHOICE AS A SHERIFF'S OFFICE FOR CHOOSING --

>> THIS IS THE INDIVIDUAL THAT'S ASSIGNED TO AUTO THEFT.

THIS IS TRAINING, UM, ADVANCED TRAINING FOR THE MOST PART, BECAUSE IT'S AN EVOLVING CRIMINAL ELEMENT AND IF WE JUST STAY IN OUR OWN LITTLE WORLD, WE DON'T LEARN WHAT'S GOING ON AND WHAT WE WILL SEE COMING TO OUR COUNTY.

NOT SURE HE CAN DEBUNK IT WITH ANY FACT.

HE DOESN'T HAVE A WHOLE LOT OF FACTS IN HIS STATEMENT.

SO, IT'S HARD TO ANSWER HIS QUESTIONS.

>> IF YOU GUYS WILL PLEASE KEEP YOUR COMMENTS DOWN, SORRY, MR. CUMBERLAND. COMMISSIONER INGALSBE, DID YOU HAVE ANYTHING TO ASK SPECIFICALLY?

>> JUDGE, UNLESS OTHER MEMBERS HAVE OUR COURT HAVE ANY

QUESTIONS OR CONCERNS -- >> THE FUNDING IS COMING FROM THE TEXAS ASSOCIATION OF VEHICLE THEFT?

>> YEAH. THE MAJORITY OF THE FUNDING.

WE ARE PAYING FOR A SMALL PORTION OF IT.

THE PER DIEM. >> COMMISSIONERS ON THIS SIDE?

>> NO COMMENTS? >> THANK YOU, MR. CUMBERLAND.

PLEASE CALL THE ROLL. >> COMMISSIONER SHELL.

[12. Authorize payment to Northstar Fire Protection of Texas in the amount of $810.00 for the Jail Division related to emergency sprinkler repairs where no purchase order was issued as required by the Hays County Purchasing Policy. INGALSBE/CUTLER]

>> YES. >> PLEASE OPEN NUMBER 12.

>> NORTH STAR FIRE PROTECTION OF ACTIONS IN THE AMOUNT OF $810 FOR THE JAIL DIVISION RELATED TO EMERGENCY SPRINKLER REPAIRS WHERE NO PURCHASE ORDER WAS ISSUED AS REQUIRED BY THE HAYS

COUNTY PURCHASING POLICY. >> SO MOVED, SECOND.

>> WE HAVE A MOTION AND A SECOND AND ONE PERSON SIGNED UP TO SPEAK. MR. RODRIGO AMAYA.

>> COUNTY JUDGE, COMMISSIONERS, VIEWERS IN CYBER SPACE.

THIS AGENDA ITEM, AGAIN, CONSIDER WHO IS ASKING FOR WHAT.

I BELIEVE IT WAS $100 MILLION IN THAT PROPOSITION 1 AND 2 IN 2016 IF I AM NOT MISTAKEN. I BELIEVE THAT'S WHAT IT WAS.

I THINK. WAS THIS OVERLOOKED? AND THEN FOR YOU NOT TO HAVE A FOLLOW COUNTY POLICY TO PURCHASE THIS? WHO IS RESPONSIBLE FOR THIS OVERLOOKING OF THE SYSTEM AND WHAT ARE WE DOING ABOUT IT, COMMISSIONERS? ARE THERE ANY CONSEQUENCES? WE HAVE THESE ARTICLES, SOMEBODY OUGHT TO QUOTE IT IN HERE ABOUT BRINGING LIGHTS ON THE CONCERNS AND CONDITIONS OF THE JAIL, YOU KNOW. A LOT OF CONCERN OUT THERE.

IT'S GOING TO COST LOTS OF MONEY.

THERE'S A THING CALLED A LOSS RUN REPORT.

TELLS YOU HOW MUCH MONEY WE ARE LOSING.

LAWSUITS AS A RESULT OF INDIVIDUALS THAT ARE PRETTY MUCH INCOMPETENT AND REALLY DON'T KNOW WHAT THEY ARE DOING.

THAT FACILITY RIGHT THERE, IT'S COSTING THE TAXPAYERS MILLIONS OF DOLLARS. AND Y'ALL ARE ENABLING THE INDIVIDUAL THAT'S RUNNING IT AND HIS SUBORDINATES.

TO DO IT WITHOUT NO CONSEQUENCES.

GOT TO DO A BETTER JOB, GUYS. THANK YOU.

>> THANK YOU, MR. AMAYA. COMMISSIONER INGALSBE?

>> JUDGE, THINK THE SUMMARY EXPLAINS IT VERY WELL.

UNFORTUNATELY, THE SPRINKLER HEAD WAS DISCHARGED AFTER IT HAD BEEN TAMPERED WITH AND SO A CALL IMMEDIATELY WENT OUT FOR IT TO BE REPAIRED AND SO, UM, I DON'T KNOW THAT THERE WAS AMPLE TIME TO CALL UNLESS MORE DAMAGE WOULD BE DONE.

>> OK. NO OTHER COMMENTS OR QUESTIONS?

>> I WOULD JUST SAY, LOOK, ANY TYPE AND THIS IS NO DIFFERENT,- THE JAIL IS NO DIFFERENT THAN THE GOVERNMENT CENTER WHENEVER WE HAD THE LEAK IN THE ROOF TWO YEARS AGO OR THE, YOU KNOW, THE AIR CONDITIONING GOING OUT, THERE ARE CERTAIN MAINTENANCE THINGS THAT ARE UNANTICIPATED% THAT WE HAVE TO ADDRESS.

AND ADDRESS BEFORE WE HAVE THE NEXT OPPORTUNITY TO MEET AND HAVE IT SUBMITTED. OF THE THIS IS JUST ONE OF THEM.

I MEAN IF WE LOOK AT THE EXPLANATION IN THERE, IT'S PRETTY OBVIOUS THAT AN INMATE TAMPERED WITH THE SPRINKLER HEAD. IS WE HAVE TO ADDRESS THESE SOMETIMES AND AS FAR AS GETTING PRE AUTHORIZATION FOR AN EMERGENCY WORK SITUATION, I JUST LOOK AT MY OFFICE THAT, SINCE I

[01:40:02]

MOVED IN THERE, IT'S FLOODED TWICE.

AND IF WE HAD HAD TO WAIT, IT WOULD HAVE BEEN A VERY, NEEDLESS TO SAY, MUCH MORE EXPENSIVE SITUATION.

>> PLEASE CALL THE ROLL. >> COMMISSIONER JONES.

>> YES. PLEASE OPEN NUMBER 19.

[19. Authorize the Sheriff's Office to purchase one replacement (1) Brazos Ticket Writer Printer valued at $945.00 from Tyler Technologies, Inc. INGALSBE/CUTLER]

>> AUTHORIZE THE SHERIFF'S OFFICE TO PURCHASE ONE REPLACEMENT, BRAZOS TICKET WRITER PRINTER VALUED AT $945

FROM TYLER TECHNOLOGIES. >> WE HAVE A MOTION AND A SECOND. COMMISSIONER INGALSBE, THIS IS

YOUR AGENDA ITEM. >> THAT'S WHAT I WAS DOING,

JUDGE. >> NO PROBLEM.

>> THANK YOU FOR THAT. THIS IS TO REPLACE A TICKET WRITER THAT WAS DAMAGED IN THE FIELD AND SO, UM, I THINK THAT'S

SUFFICIENT. >> A DAMAGED TICKET WRITER REPLACEMENT. MR. CUMBERLAND? GOOD? THAT'S IT, AWESOME.

PERFECT. THANK YOU.

ANY OTHER COMMENTS? MR. CUMBERLAND IS STILL HERE.

PLEASE CALL THE ROLL. >> COMMISSIONER SMITH.

>> YES. SO, I WILL -- DO YOU WANT TO DO NUMBER 20 WHILE THEY ARE STILL HERE?

>> YES. EXACTLY.

I WAS LOOKING AT MY LIST. THAT'S MY LAST ONE FOR THEM.

I WILL ASK THAT WE OPEN NUMBER 20 AND THAT WILL CLOSE OUT THEM.

[20. Authorize the Sheriff's Office to purchase new and replacement computer equipment valued at $19,983.00 utilizing the Sheriff's Drug Forfeiture Fund and amend the budget accordingly. INGALSBE/CUTLER]

>> 20. AUTHORIZE THE SHERIFF'S OFFICE TO PURCHASE NEW AND REPLACEMENT COMPUTER EQUIPMENT VALUED AT $19,983 UTILIZING THE SHERIFF'S DRUG FORFEITURE FUND AND AMEND

THE BUDGET ACCORDINGLY. >> SO MOVED.

>> SECOND. >> WE HAVE A MOTION AND A SECOND. COMMISSIONER?

>> JUDGE, THIS IS TO REPLACE SOME DAMAGED EQUIPMENT DUE TO THE STORM AND ALSO FOR THE RESTRUCTURE OF SOME DEPARTMENTS

WITHIN THE SHERIFF'S OFFICE. >> OK.

ANY OTHER COMMENTS OR QUESTIONS? PLEASE CALL THE ROLL.

NOW, COMMISSIONERS ARE THERE SOME AGENDA ITEMS I CAN CHERRY PICK TO HELP CLEAR THE COURTROOM?

>> I BELIEVE WE HAVE SOMEONE HERE FOR -- IF IT'S A CONSENT ITEM, THEN I THINK -- YEAH, IT WAS A CONSENT ITEM.

I THINK YOU CAN MOVE FORWARD. >> ANYTHING ELSE OTHER THAN CONSENT? OTHERWISE I WILL MOVE THROUGH CONSENT. ALL RIGHT.

PLEASE OPEN 5. THROUGH 10.

[Items 5 - 10]

>> 5. APPROVE PAYMENTS OF COUNTY INVOICES. 6, APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS. 7, APPROVE COMMISSIONERS COURT MINUTES OF MARCH 2, 2021 AND MARCH 9, 2021.

8. AUTHORIZE THE EXECUTION OF AMENDMENT 3 TO THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IMMUNIZATIONS LOCALS GRANT PROGRAM COVID-19 FUNDING, CONTRACT NUMBER HHS000104800001. 9.

APPROVE THE FILING OF TAX ASSESSOR-COLLECTOR JENNIFER OKAY ANE'S CONTINUING EDUCATION TRANSCRIPT AS REQUIRED BY SECTION 6.231D OF THE TEXAS PROPERTY TAX CODE.

10. AUTHORIZE THE FIRE MARSHALL TO ACCEPT LEOSE FUNDS DISTRIBUTED FROM THE STATE COMPTROLLER AND

AMEND THE BUDGET ACCORDINGLY. >> SO MOVED.

>> SECOND. >> I LOVE THE HARMONY.

GOOD JOB. PLEASE CALL THE ROLL.

[Items 13 - 17]

>> PLEASE OPEN 13 THROUGH 17. >> 13, AUTHORIZE THE EXECUTION OF AMENDMENT 2 TO THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES CPS/COVID-19 CONTRACT NUMBER HHS000771500001.

14, AMEND THE TRANSPORTATION DEPARTMENT'S BUDGET FOR ROAD-BUILDING MATERIALS VALUED AT $33,736.60 TO RECEIVE APPROXIMATELY 470 TONS OF LIMESTONE ROCK ASPHALT TYPE 2, GRADE DS MATERIAL FROM THE TEXAS DEPARTMENT OF TRANSPORTATION THROUGH THE 2021TXDOT SURPLUS PROGRAM AND ADD TO THE DEPARTMENT'S INVENTORY. THE 15, RECEIVE EXEMPTION STATEMENT FROM THE HAYS COUNTY OFFICE OF EMERGENCY SERVICES

[01:45:04]

FIRE MARSHALL'S OFFICE PURSUANT TO TEXAS CODE OF CRIMINAL PROCEDURE ARTICLE 2.133. 16.

ACCEPT THE 2020 RACIAL PROFILING REPORT FROM HAYS COUNTY CONSTABLE OFFICE PRECINCT 5. 17.

AUTHORIZE THE JUSTICE OF THE PRECINCT 2 OFFICE TO INSTALL GLASS PARTITIONS VALUED AT $2160 FOR THE MAIN OFFICE AREA UTILIZING THE JUSTICE COURT BUILDING SECURITY FUNDS AND

AMEND THE BUDGET ACCORDINGLY. >> SO MOVED, SECOND.

>> PLEASE CALL THE ROLL. >> JUDGE, I HAVE A

CLARIFICATION. >> OK, SORRY.

>> THAT'S FINE. ON ITEM NUMBER 14, THAT IS A CONTRIBUTION FROM TXDOT. IS THAT CORRECT?

>> IT'S ACTUALLY -- MATERIALS -- >> RIGHT, IT'S VALUED AT THE $33,000. I GUESS WHAT THREW ME OFF A LITTLE BIT IS IT SAYS AMOUNT FIRED.

OF IT SAYS $33,00. BUT IT'S ACTUALLY A DONATION FROM THEM AT THIS VALUE AND IT'S NOT THAT WE ARE PAYING THEM THE

$33. >> EXACTLY.

-- VALUE IN OUR BOOKS -- >> THANK YOU, MA'AM.

PLEASE CALL THE ROLL. >> COMMISSIONER INGALSBE.

>> YES. PLEASE OPEN 21 THROUGH 26.

>> 21. AUTHORIZE THE ACCEPTANCE OF A GRANT AWARD FROM THE TEXAS DIVISION OF EMERGENCY MANAGEMENT FOR THE FY2021 EMERGENCY MANAGEMENT PERFORMANCE GRANTS.

22. APPROVE RENEWAL OF RFP 2018-P10 COUNTY WIDE ELECTRICAL SERVICES WITH CT ELECTRIC AND TED BREIHAN ELECTRIC FOR ONE ADDITIONAL YEAR AS STATED IN THE ORIGINAL BID.

NUMBER 23, AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN ADDENDUM A TO THE MASTER SERVICE AGREEMENT AND LEASE PRODUCT SCHEDULE TO RICOH TO ADD A FAX OPTION FOR $51.69 FOR COPIERS LOCATED IN VETERANS ADMINISTRATION, TAX OFFICE, SHERIFF, MAINTENANCE AND TRANSPORTATION AND SO SWITCH OUT THE BLACK AND WHITE COPIER TO A COLOR COPIER FOR THE SHERIFF, PATROL AND COMMUNITY OUTREACH AND EXTENSION OFFICE IN THE AMOUNT OF $46.40 OR $23.20 EACH.

24. APPROVE RENEWAL OF IFB 2019-B02 ROAD BUILDING MATERIALS, GENERAL ROAD CONSTRUCTION WITH BRAUNTEX MATERIALS LLC, COLORADO MATERIALS LIMITED AND INDUSTRIAL ASPHALT LLC. 25.

APPROVE SPECIFICATIONS FOR RFQ2021-Q05, BOND UNDERWRITING SERVICES, AND AUTHORIZE PURCHASING TO SOLICIT FOR PROPOSALS AND ADVERTISE. 26.

APPROVE SPECIFICATIONS FOR RFQ2021-Q07, GENERAL ENGINEERING CONSULTANT, ROAD BOND AND AUTHORIZE PURCHASING TO SOLICIT

FOR PROPOSALS AND ADVERTISE. >> SO MOVED.

>> SECOND. >> WE HAVE A MOTION AND A SECOND. COMMENTS?

PLEASE CALL THE ROLL. >> COMMISSIONER SHELL.

>> YES. >> AND JUDGE BECERRA.

>> YES. PLEASE OPEN 27.

[27. Discussion and possible action to authorize the County Judge to execute the First Letter Amendment for a time extension to an Advance Funding Commitment Agreement between Hays County and Flint Hills Resources Central Texas, LLC related to a left turn lane to be located at the entrance of 2361 Jack C. Hays Trail, Buda, Texas 78610. JONES/BORCHERDING]

>> 27. DISCUSSION AND POSSIBLE ACTION TO AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE FIRST LETTER AMENDMENT FOR A TIME EXTENSION TO AN ADVANCE FUNDING COMMITMENT AGREEMENT BETWEEN HAYS COUNTY AND FLINT HILLS RESOURCES CENTRAL TEXAS LLC RELATED TO A LEFT-TURN LANE TO BE LOCATED AT THE ENTRANCE OF 2361 JACK C. HAYS TRAIL, BUDA, TEXAS.

>> THIS IS THE TURN LANES WE ARE PUTTING IN FRONT OF THE F AND L PLANT THAT THEY ARE HELPING TO FUND.

WE NEED AN EXTENSION FROM THE ORIGINAL AGREEMENT.

>> OK. PLEASE CALL THE ROLL.

DISCUSSION AND POSSIBLE ACTION TO CONSIDER THE ACCEPTANCE OF ROAD CONSTRUCTION AND DRAINAGE IMPROVEMENTS, ACCEPT THE 2-YEAR MINUTE TEN ANSWER BOND PB03016800689 IN THE AMOUNT OF $66,811.47 AND ACCEPT THE ONE-YEAR REVENGETATION BOND NUMBER PB03016800692 IN THE AMOUNT OF $22,738.32 FOR GREAT

[28. Discussion and possible action to consider the acceptance of road construction & drainage improvements, accept the 2-year maintenance bond #PB03016800689 in the amount of $66,811.47, and accept the 1-year revegetation bond #PB03016800692 in the amount of $22,738.32 for Great Hills subdivision, Section 7. JONES/BORCHERDING]

PLEASE OPEN 28. >> 28.

HILLS SUBDIVISION SECTION 7. >> SO MOVED.

>> HEY JUDGE, THE TRANSPORTATION DEPARTMENT'S INSPECTED AND%

[01:50:01]

APPROVED THE REVENGETATION. WOULD VERY THEIR APPROVAL.

>> THANK YOU. PLEASE CALL THE ROLL.

PLEASE OPEN 29. >> $2.00.

[29. Discussion and possible action to consider the release of the maintenance bond #1048985 in the amount of $93,899.85 and the acceptance of roads into the county road maintenance system for Caliterra subdivision, Phase 2, Section 7. SMITH/BORCHERDING]

DISCUSSION AND POSSIBLE ACTION TO CONSIDER THE RELEASE OF THE MAINTENANCE BOND NUMBER 1048985 IN THE AMOUNT OF $93,899.85 AND THE ACCEPTANCE OF ROADS INTO THE COUNTY ROAD MAINTENANCE SYSTEM FOR CALITERRA SUBDIVISION, PHASE 2, SECTION 7.

>> THANK YOU, JUDGE. THIS IS AGAIN JUST A RELEASE OF THE COUNTY ROAD MAINTENANCE BOND FOR THIS NEXT SECTION OF CALITERRA. WE EXPECT A COUPLE MORE IN THE NEXT FEW MONTHS AND THIS HAS FULL STAFF APPROVAL.

>> THANK YOU, SIR. PLEASE CALL THE ROLL.

PLEASE OPEN NUMBER 30. >> 30.

[30. Discussion and possible action 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 the Hillside Terrace Safety Improvements (I-35 to FM 2001) project in Precinct 2. JONES/BORCHERDING]

DISCUSSION OF POSSIBLE ACTION 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 THE HILL SIDE TERRACE SAFETY IMPROVEMENTS

PROJECT IN PRECINCT 2. >> SO MOVED.

>> ENED A THIS IS JUST FOR RIGHT OF WAY ACQUISITION ON OUR IMPROVEMENTS ALONG HILLSIDE TERRACE FROM 35 TO 2001.

>> IF ANYONE HAS ANY QUESTIONS OUR DEPARTMENT HEAD, MR. BORCHERDING IS IN THE AUDIENCE.

>> PLEASE CALL THE ROLL. >> COMMISSIONER SHELL.

>> YES. >> COMMISSIONER SCHNITTKER.

>> 31. DISCUSSION AND POSSIBLE ACTION TO AUTHORIZE THE COUNTY JUDGE TO EXECUTE SUPPLEMENTAL NUMBER 4 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN HAYS COUNTY AND LJA ENGINEERING FOR FM 110 NORTH PROJECT AS PART OF THE HAYS COUNTY TXDOT PARTNERSHIP PROGRAM AND AUTHORIZE THE DISCRETIONARY EXEMPTION PURSUANT TO TEXAS LOCAL GOVERNMENT CODE

>> YES. PLEASE OPEN 31.

[31. Discussion and possible action to authorize the County Judge to execute Supplemental #4 to the Professional Services Agreement (PSA) between Hays County and LJA Engineering, Inc. for FM 110 North (Yarrington Road to SH 80) project as part of the Hays County/TxDOT Partnership Program and authorize a discretionary exemption pursuant to Texas Local Government Code Ch. 262.024(a)(4). INGALSBE/BORCHERDING]

CHAPTER 262.024A4. >> SO MOVED.

>> JUDGE, THIS IS A REQUEST FROM TXDOT THAT WE INCORPORATE ATLAS 14 INTO THE PROJECT. THAT'S THE REASON FOR THIS

INCREASE. >> IT'S A GOOD REQUEST.

I MEAN, IT'S UPON US AND WE CAN'T GET AROUND IT.

>> THAT'S RIGHT. >> PLEASE CALL THE ROLL.

>> JUDGE BECERRA? >> YES.

[32. Discussion and possible action to authorize the County Judge to execute a Professional Services Agreement between Hays County and Cobb, Fendley & Associates, Inc. to provide utility coordination services for the Hillside Terrace Safety Improvements (I-35 to FM 2001) project in Precinct 2. JONES/BORCHERDING]

PLEASE OPEN 32. >> 32.

DISCUSSION AND POSSIBLE ACTION TO AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN HAYS COUNTY AND COBB, FENDLEY AND ASSOCIATES INC TO PROVIDE UTILITY COORDINATION SERVICES FOR THE HILLSIDE TERRACE SAFETY IMPROVEMENTS PROJECT IN PRECINCT 2.

>> COMMISSIONER. >> JUDGE AND AGAIN THIS IS THAT SAME PROJECT, FOR THE UTILITY COORDINATION TO START WORK ON THAT PROJECT. AGAIN, THAT WE HAVE STAMP APPROVAL FROM THE ROAD DEPARTMENT.

JERRY'S HERE IF YOU HAVE ANY QUESTIONS.

I ALSO HAVE THE ENGINEER OF RECORD, IF WE HAVE ANY QUESTIONS

FROM HIM. >> THANK YOU.

WOULD YOU PLEASE CALL THE ROLL. >> COMMISSIONER INGALSBE.

> YES. >> COMMISSIONER JONES.

DISCUSSION AND POSSIBLE ACTION TO APPROVE THE HEB NUTTY BROWN

>> YES. PLEASE OPEN 33.

[33. PLN-1479-NP; Discussion and possible action to approve the HEB Nutty Brown Plat. SMITH/MACHACEK]

>> 33. PLN-1479-NP.

PLAT. >> SO MOVE.

>> SORRY, THAT WAS REALLY -- THE, I'M EXCITED TO HAVE THIS PLAT FINALLY AND I NO HE THAT WE ARE WORKING THROUGH OTHER THINGS WITH HEB RELATIVE TO THE ROADWAY THERE BUT WE LOOK FORWARD TO AN EXCITING PARTNERSHIP WITH A NEW FACILITY IN HAYS COUNTY.

>> THANK YOU. PLEASE CALL THE ROLL MUCH.

PLN-1588-NP. DISCUSSION AND POSSIBLE ACTION TO APPROVE THE FINAL PLAT FOR CACTUS HILL SUBDIVISION.

PLEASE OPEN 34. >> 34.

[34. PLN-1588-NP; Discussion and possible action to approve the final plat for Cactus Hill Subdivision. SHELL/PACHECO]

>> THIS IS A TWO-LOT SUBDIVISION.

DO YOU HAVE ANY COMMENTS? >> NO.

THAT'S CORRECT, A TWO-LOT SUBDIVISION LOCATED OFF OF THOMAS LOCKS DRIVE. WATER WILL BE A PRIVATE WELL AND WASTEWATER WILL BE ACCOMPLISHED BY ADVANCED ON-SITE SEWAGE FACILITIES. NO VARIANTS REQUESTED AND HAS

FULL STAFF RECOMMENDATION. >> SOUNDS PERFECT.

PLEASE CALL THE ROLL. >> COMMISSIONER SHELL.

>> YES. WILL YOU PLEASE OPEN AGENDA ITEM

[37. Discussion and possible action to award RFQ 2021-Q04 General Consultant for Program Management Service - Park Bond to HALFF Associates, Inc. and authorize staff and General Counsel to negotiate a contract. SHELL]

[01:55:01]

NUMBER 37. >> 37.

DISCUSSION AND POSSIBLE ACTION TO AWARD RFQ2021-Q04, GENERAL CONSULTATION FOR PROGRAM MANAGEMENT SERVICE PARK BOND TO HALFF ASSOCIATES AND AUTHORIZE STAFF AND GENERAL COUNSEL TO

NEGOTIATE A CONTRACT. >> SO MOVED.

>> THANK YOU, JUDGE. THIS RFQ WAS APPROVED BY THE COURT A COUPLE MONTHS AGO IN PREPARATION FOR THE NEXT STAGE OF OUR PARKS BOND PROGRAM. WE HAD MULTIPLE RESPONDENTS ALL VERY QUALIFIED FIRMS IN THE END THE SELECTION COMMITTEE BELIEVED THAT HALFF SHOULD BE SELECTED. IT REQUIRES COURT APPROVAL AND

THE NEGOTIATION OF A CONTRACT. >> COMMISSIONER, WHO WAS ON THE

SELECTION COMMITTEE? >> UM, MYSELF, UM, MR. KENNEDY, MS. THOMPSON, WINTON PORTERFIELD.

MR. INGALSBE, YEAH. I THINK THAT WAS IT.

>> MS. WHO WAS THE ONE YOU MENTIOND?

>> ALEXANDER THOMPSON, WITH NATURAL RESOURCE COORDINATOR.

YEAH. THAT WAS IT.

>> OK. ARE THERE ANY OTHER COMMENTS, COMMISSIONERS? PLEASE CALL THE ROLL.

PLEASE OPEN AGENDA ITEM NUMBER 39.

[39. Discussion and possible action to accept donated property, a 2.8572-acre parcel located off Lois Lane in Hays County and record donation value per Comparative Market Analysis. JONES]

>> 39. DISCUSSION AND POSSIBLE ACTS TO ACCEPT DONATED PROPERTY A 2.8572 ACRE PARCEL, LOCATED OFF LOIS LANE IN HAYS COUNTY AND RECORD DONATION VALUE PER COMPARATIVE

MARKET ANALYSIS. >> SO MOVED.

>> SECOND. >> WE HAVE A MOTION AND A SECOND. COMMISSIONER?

>> JUDGE, THIS IS JUST SOME LAND THAT WAS DONATED TO US FOR THIS RIGHT OF WAY FOR THE NEXT, THAT CONNECTS FLUGER, THE SUBDIVISION AT FLUGER ELEMENTARY TO DACEE LANE.

>> PLEASE CALL THE ROLL. >> COMMISSIONER SMITH.

>> YES. >> AND JUDGE BECERRA.

>> YES. PLEASE OPEN NUMBER 42.

[42. Discussion and possible action to authorize the County Judge to execute an Interlocal Agreement between Hays County and Deep East Texas Self Insurance Fund, related to Workers' Compensation coverage for Hays County, effective January 1, 2021; and to accept a quote for premiums covering calendar years 2021-2026. INGALSBE]

>> 42. DISCUSSION AND POSSIBLE ACTION TO AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN HAYS COUNTY AND DEEP EAST TEXAS SELF INSURANCE FUND RELATED TO WORKERS COMPENSATION COVERAGE FOR HAYS COUNTY, EFFECTIVE JANUARY 1, 2021, AND TO ACCEPT A QUOTE FOR PREMIUMS COVERING CALENDAR YEARS 2021-2026.

COMMISSIONER? >> JUDGE, AS THE ITEM STATES, IT'S FOR WORKERS COMPENSATION COVERAGE AND IF THERE ARE ANY SPECIFIC QUESTIONS, I KNOW SHERRY IS HERE TO ANSWER THOSE.

>> I BELIEVE THE QUOTE WAS MODIFIED RECENTLY AND THIS AGREEMENT NEEDED TO COME BACK. THINK WE RECOGNIZED AT THAT POINT THAT THE AGREEMENT SHOULD HAVE BEEN BROUGHT IN PROBABLY IN JANUARY AND HAD NOT BEEN DONE. SO THAT'S WHY IT'S RETROACTIVE

AND APPLIES BACK TO JANUARY 1. >> OK.

WOULD YOU LIKE TO ADD ANYTHING, MS. MILLER?

>> I WOULD. THANK YOU, SHERRY MILLER HAYS COUNTY HUMAN RESOURCES DIRECTOR. OBVIOUSLY THIS IS OUR INSURANCE PROVIDER FOR OUR WORKERS COMP CLAIMS. WE MOVED FROM TEXAS ASSOCIATION OF COUNTIES FOR OUR WORKERS COMP COVERAGE IN 2015. WE WERE PAYING OVER $400,000 A YEAR WITH TEX. WE NEGOTIATED WITH DP TEXAS INSURANCE FUND, THEY ARE A JOY TO WORK WITH TO BEGIN WITH IN ADDITION TO THE PREMIUMS THAT THEY HAVE OFFERED US, WE HAVE PAID $319,000 WITH NO PREMIUM INCREASE SINCE 2016.

NOW WE HAVE NEGOTIATED AND REQUEST THE COURT'S APPROVAL FOR A FIVE-YEAR PREMIUM AGREEMENT WITH THEM OF $340,000.

SO, AS OUR EMPLOYEE BASIN CREASES NATURALLY, THOSE PREMIUMS ARE GOING TO INCREASE. IN ADDITION TO THAT, THEY KICKBACK TO US -- GIVE BACK TO US IN A SAFETY PROGRAM, AROUND

[02:00:01]

$9,000 A YEAR THAT WE CAN PURCHASE SAFETY RELATED PRODUCTS. AND SO WE HAVE BEEN WORKING ALONG WITH OUR ERGOMOMIC PRODUCTS AND HEALTH BENEFIT PLAN TO PROVIDE APPROPRIATE SAFETY PRODUCTS THROUGHOUT THE COUNTY

USING THOSE FUNDS. >> THANK YOU.

>> THANK YOU. >> COMMENTS COMMISSIONERS?

>> WHO ELSE DOES DEEP EAST TEXAS SELF ASSURANCE FUND COVER IN THE COUNTY CAPACITY THAT YOU MAY, OR ANY KIND OF -- GOVERNMENTAL

AGENCY? >> SURE.

THE OTHER ENTITY THAT I KNOW OF THAT THEY COVER, I BELIEVE, IS THE HAYS SCHOOL DISTRICT I THINK IS ONE OF THEIR CLIENTS, AS

WELL. >> CISD.

>> YES, SIR. >> OK.

ALL RIGHT. VERY GOOD.

ANY OTHER COMMENTS OR QUESTIONS? PLEASE CALL THE ROLL.

>> AND JUNE BECERRA. >> YES.

[43. Discussion and possible action to execute an Order amending Part 6, Section 6.3 of the Hays County Fire Code. SHELL/MENDENHALL]

PLEASE OPEN 43. >> 43.

DISCUSSION AND POSSIBLE ACTION TO EXECUTE AN ORDER AMENDING PART 6, SECTION 6.3 OF THE HAYS COUNTY FIRE CODE.

>> WE HAVE A MOTION AND A SECOND AND OUR FIRE MARSHALL,

MR. MENDENHALL IS AT THE PODIUM. >> GOOD MORNING, COURT, JUDGE.

I WOULD LIKE TO FIRST START OUT IF I COULD RECOGNIZE MY CRIMINAL JUSTICE INTERN, ASHTON, IS HERE THIS MORNING, VOLUNTEERING TO SEE HOW LOCAL GOVERNMENT WORKS. WELCOME HIM.

IT'S FIRST TIME HERE. SO THIS, THANK YOU FOR COMMISSIONER SHELL TO SPONSOR THIS ITEM.

WHEN MY PREDECESSOR BROUGHT THE FIRE CODE BEFORE THE COURT FOR ADOPTION BACK IN 2019, IN THE COURT ORDER, IT SPELLS OUT A PROCESS THAT WAS ADOPTED FOR VARIANCES WITH FOLKS THAT ARE WANTING TO, YOU KNOW, WORK WITH THE FIRE MARSHALL'S OFFICE FOR CODE MODIFICATIONS. IT DOESN'T MEAN THAT THERE IS NECESSARILY A SAFETY FACTOR BEING LESSENED.

IT JUST GIVES THE FIRE MARSHALL THE ABILITY UNDER CHAPTER 1 OF THE FIRE CODE TO WORK WITH THOSE FOLKS.

I KNOW IT'S THE INTENT FOR THE FIRE MARSHALL'S OFFICE TO BE ABLE TO DO THAT AS DEVELOPERS AND CONTRACTORS COME IN.

THE PROCESS THAT WAS ADOPTED, HOWEVER, IS NOT INTENDED FOR THE VARIANCE PROCESS. THE BOARD OF APPEALS PROCESS, UNDER THE FIRE CODE, IS INTENDED FOR WHEN SOMEONE DISAGREES WITH THE INTERPRETATION OF THE FIRE CODE.

SPECIFICALLY IN THE COMMENTARY OF THE FIRE CODE, IT IS USED FOR IF THE FIRE MARSHALL IS INTERPRETING THE CODE A CERTAIN WAY AND SOMEONE DISAGREES WITH HOW THAT INTERPRETATION IS APPLIED, THEN THEY CAN ASK FOR A BOARD OF APPEALS PROCESS AND THAT IS A VERY TIME CONSUMING PROCESS WHERE I HAVE TO FORM A GROUP OF PROFESSIONALS TO HEAR THE APPEAL.

AND THEN IT HAS TO COME BEFORE COMMISSIONERS COURT IN ORDER TO GO INTO EFFECT. AND, FOR EVERY VARIANCE THAT'S ASKED FOR FROM THE FIRE MARSHALL'S OFFICE, IT'S A VERY TIME CONSUMING PROCESS WHICH SLOWS DOWN DEVELOPMENT.

SO MY PROPOSAL IS TO FIX OR REPAIR THIS SECTION OF THE COURT ORDERS ADOPTION UNDER PART 6, 6.3, TO FREE UP THE FIRE MARSHALL AND GIVE HIM, IN THIS POSITION, THE ABILITY TO WORK WITH FOLKS TO COME TO AN AGREEMENT ON WHEN SOME VARIANCES ARE ASKED FOR AND CODE MODIFICATIONS.

I HAVE I THINK YOU HAVE THE ORDER IN FRONT OF YOU, MARK AND I HAVE WORKED ON THAT TOGETHER. BASICALLY IT'S IMPLEMENTING A PROCESS WHERE THE FIRE MARSHALL WOULD DEVELOP AND IMPLEMENT THE CODE MODIFICATION VARIANCE REQUEST.

I HAVE A FORMAT ALREADY BASED ON WHAT OTHER COUNTIES AROUND US ARE DOING. THERE IS A SMALL APPLICATION FEE AND THAT FEE WILL COVER THE TIME IT TAKES FOR OUR OFFICE TO GO OUT AND EVALUATE A SITE, HAVE MEETINGS, PAY FOR SOME, YOU KNOW, INTERNAL OFFICE EXPENSES WITH PROCESSING THE APPLICATION.

THAT FEE IS CHEAPER THAN WHAT SOME OTHER COUNTIES ARE CHARGING FOR THAT SAME PROCESS. AND SO THAT'S WHAT'S IN FRONT OF

YOU THIS MORNING. >> THANK YOU.

COMMISSIONER SHELL, ANY QUESTIONS?

>> I JUST HAVE ONE. GIVEN THE CONVERSATIONS WE HAVE HAD IN THE PAST HERE IN COURT AND JUST BETWEEN US, AS WELL, ON THE POSSIBLE MODIFICATIONS OF THE CODE ITSELF, AND THE COMMITTEE PROCESS TO DO THAT, WILL THIS GIVE YOU THE FLEXIBILITY YOU NEED SO WE CAN COMPLETE THE PROCESS WE

DISCUSSED? >> SO IS THIS A TEMPORARY FIX.

THIS FIXES A PART OF THE COMMISSIONER'S COURT ADOPTION OF THE FIRE CODE TO ALLOW THE FIRE MARSHALL'S OFFICE TO WORK WITH THESE FOLKS IN THE MEANTIME UNTIL I CAN BRING FORTH TO YOU THE 2021 CODE, WHICH WILL BE IN COORDINATION WITH SAN MARCUS,

[02:05:05]

BUDA, KYLE, THEY ARE ALL MOVING TOWARD THE 21 CODE IN CONVERSATION WAS THEM. IT WOULD NOT MAKE SENSE IN THE FUTURE FOR ALL OF US TO BE ON DIFFERENT CODES.

SO AS THAT PROCESS UNFOLDS THIS SUMMER, I HAVE ALREADY GOT THE 2021 CODES IN FRONT OF ME FROM THE ICC.

WE WILL BE WORKING WITH THEM IN COMMITTEE GROUPS TO MOVE FORWARD TO ADOPT THE 2021 CODES LATER IN THE YEAR.

THIS WILL FIX MY ABILITY TO WORK WITH FOLKS IN THE MEANTIME.

RIGHT NOW, IN ORDER TO GRANT A VARIANCE TO SOMETHING THAT'S IN THE CODE, I HAVE TO FORM THE BOARD OF APPEALS, HAS TO GO THROUGH THAT WHOLE PROCESS. THEN I HAVE TO BRING THAT THAT REALLY SLOWS DOWNURT AND- DEVELOPERS THAT ARE WISHING TO, YOU KNOW, DO SOME THINGS. PART OF MY CODE MODIFICATION REQUEST WILL BE A CONSULT WITH THE LOCAL FIRE DEPARTMENT THAT'S COVERING THAT AREA TO MAKE SURE THAT IT'S NOT AN UNDUE BURDEN ON THEM. IT'S NOT PROVIDING UNSAFE CONDITIONS FOR WHEN A FIRE DEPARTMENT RESPONDS THERE, AS

WELL. >> I GUESS MY QUESTION IS, GIVEN THE FACT THAT WE HAVE SOME WATER AVAILABILITY ISSUES ON THE WESTERN SIDE OF THE COUNTY SPECIFICLY, I KNOW IN SAN MARCUS, WHERE THERE'S A HYDRANT ON EVERY BLOCK, WILL NOT WORK IN CERTAIN WESTERN PARTS OF THE COUNTY.

WITH I WILL THIS GIVE YOU FLEXIBILITY TO ADDRESS THOSE ISSUES EVEN AFTER THERE'S A UNIFIED CODE OR DO WE STILL NEED TO GO THROUGH THE PROCESS THAT WE DISCUSSED WITH THE AMENDMENTS PROCESS TO A COUNTY CODE IN ORDER TO ADDRESS THOSE?

>> SO THIS WILL GIVE ME THE FREEDOM IN THE MEANTIME TO DO THOSE THINGS. SO I HAVE BEEN WORKING WITH FOLKS UNTIL I REVIEWED HOW THE COURT ADOPTED THE FIRE CODE, I RAN ACROSS THE SECTION AND, YOU KNOW, FOLLOWING THE LETTER OF THAT ADOPTION, IT REALLY KIND OF TIED MY HANDS TO BEING ABLE TO WORK WITH FOLKS. AS WE MOVE FORWARD IN THE 2021 PROCESS, THIS LANGUAGE WILL BE EMBEDDED.

THANK YOU. >> WHAT I WOULD LIKE TO ASK IS THAT WE CONSIDER, BECAUSE THE WESTERN PART OF OUR COUNTY DOES HAVE MORE LIMITED WATER RESOURCES, I WOULD LIKE TO HAVE YOU CONSIDER MOVING FORWARD WITH THE '21 CODE.

SOME GEOGRAPHICAL BOUNDARY THAT WOULD CREATE A CONSISTENCY.

I HAVE TOTAL FAITH IN YOU, MR. MENDENHALL, I REALLY DO.

FROM THE DAY I WATCHED YOU WALK IN WITH YOUR INTERVIEW IN THAT AWESOME TIE THAT I ALWAYS COMPLIMENTED -- I JUST DON'T WANT US TO BE VIEWED AS ARBITRARY IN THE FUTURE, BECAUSE SOMEBODY DIDN'T LIKE WHAT YOU DID AND I WANT TO AVOID THE ENTIRE ARBITRARY CONVERSATION. AND SO IF THERE'S A WAY WE COULD CREATE A GEO-FENCING OF SORTS, GEO MAP BASED ON WATER AVAILABILITY SO THAT THERE COULD BE A PREDICTABLE CONSISTENCY WITH OUR PROCESS, I THINK THAT WOULD JUST BE MY ONLY REQUEST.

>> SOUNDS GOOD. >> THANK YOU, SIR.

PLEASE CALL THE ROLL. >> COMMISSIONER JONES.

>> YES. THANK YOU, MR. MENDENHALL.

[44. Discussion and possible action to establish three (3) temporary positions with related equipment effective 4/1/21 to assist with the Hays County Covid-19 Emergency Rental Assistance (ERA) Program authorized by the U.S. Department of the Treasury established by section 501 of Division N of the Consolidated Appropriations Act and amend the budget accordingly. BECERRA]

PLEASE OPEN 44. >> 44.

DISCUSSION AND POSSIBLE ACTION TO ESTABLISH THREE TEMPORARY POSITIONS WITH RELATED EQUIPMENT EFFECTIVE APRIL 1, 2021 TO ASSIST WITH THE HAYS COUNTY COVID-19 EMERGENCY RENTAL ASSISTANCE PROGRAM AUTHORIZED BY THE U.S. DEPARTMENT OF THE TREASURY ESTABLISHED BY SECTION 501 OF DIVISION N OF THE CONSOLIDATED APPROPRIATIONS ACT, AND AMEND THE BUDGET

ACCORDINGLY. >> SO MOVED.

>> SECOND. >> WE HAVE A MOTION AND A WOULD OUR AUDITOR LIKE TO EXPAND ON THIS FOR ANYTHING? THAT WAS A PRETTY GOOD WELL-WRITTEN AGENDA ITEM.

BUT JUST IN CASE? >> YES.

AS WE HAVE BEEN LOOKING AT THE IMPLEMENTING THE RENTAL ASSISTANCE PROGRAM, VICKI HAS BEEN MEETING WITH DEPARTMENTS TO DETERMINE WHAT STAFFING IS NEEDED TO IMPLEMENT THE PROGRAM AND MY OFFICE WILL NEED AN INDIVIDUAL TO ASSIST WITH THE PROCESSING OF THE PAYMENTS AND REVIEW OF THE APPLICATIONS.

AND THE TREASURER'S OFFICE, STATUTORILY, SHE MUST REVIEW ALL EXPENDITURES BEFORE THEY ARE DISPERSED SO SHE WILL ALSO NEED AN INDIVIDUAL, A PART-TIME INDIVIDUAL.

AND THEN IN THE VETERANS' OFFICE WE ARE ALSO REQUESTING A FULL-TIME INDIVIDUAL TO ASSIST WITH APPLICATIONS THAT RELATE TO THE VETERAN, TO ANY VETERAN. THIS IS JUST A START ONCE WE DETERMINE HOW MANY APPLICATIONS COME IN, THEN IF WE NEED ADDITIONAL STAFFING, WE WILL COME BACK TO COURT.

>> COMMISSIONERS, ANY COMMENTS OR QUESTIONS?

>> AND THEY WILL BE FUNDED THROUGH THOSE TREASURY FUNDS.

[02:10:02]

>> WE HAVE TALKED ABOUT THIS PREVIOUSLY, JUDGE, AND I AM SUPPORTIVE OF THE ADDITIONAL HELP.

>> THANK YOU. AND THERE'S A HUGE, HUGE AMOUNT OF FEDERAL HELP HEADING OUR WAY AND THIS IS JUST A KEY COMPONENT IN MAXIMIZING THE RESOURCES EARMARKED FOR HAYS COUNTY.

BECAUSE I HAVE MADE IT ABUNDANTLY CLEAR TO THE AUDITOR'S OFFICE THAT I WANT US TO APPLY EVERY SINGLE FACET OF THIS KALEIDOSCOPE OF FUNDING OPTIONS FOR OUR RESIDENTS AND I KNOW THAT THAT'S GOING TO TAKE LOTS OF EXTRA WORK.

SO THAT WE COULD PROPERLY IMPLEMENT ALL POSSIBLE AVENUES FOR OUR RESIDENTS. SO, I THANK THEM FOR BRINGING THIS FORWARD AND I THINK IT'S A GOD STAGING SO THAT WE COULD KEEP MOVING. PLEASE CALL THE ROLL.