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[00:00:05]

>> GOOD MORNING. I WOULD LIKE TO CALL THIS

[CALL TO ORDER]

MEETING TO ORDER. THIS MORNING'S INVOCATION WILL BE LED BY MR. JOSH MODINO, IF YOU WOULD PLEASE ALL RISE.

>> LET'S PRAY. DEAR LO LORD, HEAVENLY FATHER, D MORNING. THANK YOU FOR GIVING US LIFE AND THE OPPORTUNITY TO SERVE YOU ONE MORE DAY.

TODAY WE HAVE ACKNOWLEDGE YOUR POWER, YOUR FAITHFULNESS, YOUR GOODNESS AND THE INTEREST YOU HAVE IN OUR WELLBEING.

WE WANT TO DEDICATE THE LIVES OF THE PEOPLE IN OUR COMMUNITY WE WANT TO ASK FOR A SPECIAL BLESSING UPON OUR LEADERS.

PLEASE BE WITH JOSH BECERRA, HIS LOVED ONES, HIS FAMILY AND ALSO BE WITH THE FAMILIES OF EACH ONE HERE REPRESENTED.

WE RECOGNIZE, FATHER, THAT WE LIVE IN DIFFICULT TIMES.

BUT WE ALSO ACKNOWLEDGE YOU'RE THE ONLY ONE THAT CAN GRANT US WISDOM AND PEACE. AND THE PEACE YOU GIVE US, LORD, TRANSCENDS OUR CIRCUMSTANCES. ANY TIME WE ABIDE IN YOU, ANY TIME WE TRUST IN YOU. HERE WE ARE, LORD, AND TODAY WE WANT TO TRUST EVERY DECISION, EVERY THOUGHT, EVERY WORD INTO YOUR HANDS. BLESS US TODAY AND GIVE US THE ASSURANCE OF YOUR PRESENCE. IN JESUS' PRECIOUS NAME WE PRAY,

AMEN. >> I PLEDGE ALLEGIANCE TO THE FLAG, OF THE UNITED STATES OF AMERICA.

AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO TEXAS, ONE STATE, UNDER GOD, INDIVISIBLE.

>> DR. CARDENAS, WI WILL YOU PLE

[PUBLIC COMMENTS]

>> THOSE IN THE AUDIENCE WHO SUBMITTED A FORM WILL NOW HAVE THREE MINUTES TO SPEAK. UNFORTUNATELY, NO ACTION MAY BE TAKEN BY THE COURT DURING PUBLIC COMMENTS AS WE'RE EXPECTED NOT TO RESPOND. ANY QUESTIONS WILL BE TAKEN AS RHETORICAL. ALL COMMENTS ARE OPINIONS OF THE SPEAKER AND ARE NOT MEANT TO BE NECESSARILY CONSTRUED AS TRUTH.

PLEASE KEEP YOUR COMMENTS AND LANGUAGE CIVIL AND RESPECTFUL OR YOU'LL FORFEIT THE REMAINDER OF YOUR TIME.

IN THE SPIRIT OF RESPECT, PLEASE SILENCE YOUR CELL PHONES.

AND FIRST UP TO SPEAK, IF YOU'LL START THE TIMER, FOR MR. AMALIA,

COME ON DOWN. >> THANK YOU, JUDGE, COMMISSIONERS. I'M HERE, AGAIN, STILL HAVING TROUTROUBLE ABOUT LAST WEEK'S CONVERSATIONS ABOUT THE COURT ADMINISTRATOR FOR HONORABLE JUDGE THOMPSON.

YOU WERE TALKING ABOUT SHIFTING TO OTHER MEMBERS, THAT'S ILLEGAL. THEY FILED A LAWSUIT.

IN ADDITION, THE LOSS RUN REPORT WHICH TELLS US WHO IS GETTING SUED AND FOR WHAT ABOUT ALL OUR ELECTED OFFICIALS, ALL YOU GOT TO DO IS GO TO TAC, THAT'S ALREADY IN PLACE.

SO THE OTHER THING IS, YOU KNOW, THE CONVERSATION THAT WAS GOING ON, WHERE WAS GENERAL COUNSEL? HE'S SUPPOSED TO STAND UP.

YOU WERE I BELIEVE IT WAS MS. RITCHIE TO STAND UP HERE AND ASK QUESTIONS AND QUOTE THE LABOR DEPARTMENT'S CASE LAWS.

THAT'S THE GENERAL COUNSEL'S RESPONSIBILITIES.

IT'S REALLY EASY, LOOK AT HIS DUTIES.

HE COST US OVER A MILLION DOLLARS IN THE LOST PINES WATER DEAL WITH NO CONSEQUENCES. MR. SMITH, LET ME SHIFT BACK.

THE CONDUCT WAS UNACCEPTABLE WHAT IS BEING DONE.

CITIZENS WANT ACCOUNTABILITY. HE'S NOT ABOVE THE LAW.

HE SAID HE DON'T HAVE A BOSS. YES, HE DOES.

THAT'S YOUR RESPONSIBILITY, SIR. YOU NEED TO DO SOMETHING ABOUT IT. THE PEOPLE ARE WAIT ING WITH TO SEE WHAT YOU'RE GOING TO DO ABOUT IT.

YOU KNOW, I WAS READING THIS ARTICLE THAT CAME UP ABOUT ALL THE LAST SPEAKER THAT WAS HERE. I LIKE HOW THE MEDIA WAS USING THE TOOL, THE STATEMENTS STANDING UP HERE.

YOU KNOW, I WAS LOOKING FOR ONE OF THE COURTROOM DECORUM SHEET OUT THERE TODAY, IT AIN'T THERE. WHY NOT? THAT TYPE OF, IN MY OPINION, AS THESE GUYS ARE STANDING HERE,

[00:05:05]

BAILIFFS, WHEN YOU COME UP HERE WITH A SHIRT THAT SAYS I LIKE BULLETS AND YOU'VE GOT BULLETS WITH ALL THE VIOLENCE HAPPENING AROUND THE UNITED STATES AND THE INSURRECTION AT THE CAPITOL.

NOTHING WAS DOWN ABOUT IT. WHY NOT? YOU HAVE TO LEARN TO PROTECT THE INTEGRITY AND SAFETY OF THE COURTROOM, ALL OF Y'ALL. OKAY.

SO Y'ALL NEED TO DO A BETTER JOB OF THAT.

THERE'S A LOT, A LOT OF BALL DROPPING.

I SEE ALL Y'ALL WRITING NOTES. I WANT TO ASK THE COUNSELOR, IS THAT PROTECTED UNDER THE FOURTH AMENDMENT? THE FREEDOM OF INFORMATION ACT. I WANT SOLID RESPONSES, COUNSELOR, THAT'S WHAT THAT STATE BAR PUT ON THAT MANUAL THAT TELLS YOU HOW TO DO YOUR JOB.

AGAIN, I'VE BEEN LOOKING AT IT AND I'VE BEEN READING IT.

NOWHERE DOES IT SAY YOU'RE EXEMPT FROM ANY OF THOSE RESPONSIBILITIES OR STANDARDS THEY HAVE ON THERE.

THANK YOU. >> THANK YOU, MR. AMALIA.

OUR NEXT SPEAKER IS MR. DAN LION.

>> THANK YOU, JUDGE BECERRA AND GOOD MORNING COMMISSIONERS.

ALTHOUGH IT'S A NEW DAY IN HAYS COUNTY THERE'S NO EVIDENCE THAT THE HAYS COUNTY CENTRAL APPRAISAL DISTRICT HAS STOPPED VIOLATING SECTION 41.43B OF THE TEXAS PROPERTY TAX CODE.

HOW YOU MIGHT ASK ARE THEY VIOLATING THIS CODE? IT IS REALLY VERY SIMPLE. IN ORDER TO FAIRLY APPRAISE YOUR HOUSE, THE CADS MUST TAKE AGE INTO CONSIDERATION.

IF YOU ASK THEM, THEY'LL TELL YOU THEY DO.

EVEN THOUGH THEY ADMIT THAT THEY DON'T KNOW WHEN THE VAST MAJORITY OF HOUSES WERE CONSTRUCTED.

WITHOUT KNOWING WHEN A HOUSE WAS CONSTRUCTED, IT IS IMPOSSIBLE TO DETERMINE ITS AGE. MY PARENTS ALWAYS TAUGHT ME THAT IF I WERE TO TELL SOMEONE SOMETHING WHICH I KNEW TO BE UNTRUE, THEN I WOULD BE LYING. YOU DO THE MATH.

THIS IS NOT THE ONLY WAY THE CADS ARE VIOLATING THE CODE, BUT I MUST GET TO THE SHERIFF. AS MANY OF YOU HAVE, I RECENTLY RECEIVED A LETTER FROM SHERIFF CUTLER.

THESE DONATIONS WOULD GO TO, QUOTE, PROVIDE BETTER TRAINING FOR OFFICERS, DOT, DOT, DOT, INCREASE PUBLIC SAFETY EDUCATION, AND MAKE OVERALL IMPROVEMENTS IN OUR JAILS AND CRIMINAL JUSTICE SYSTEM. BUT WE NEED YOUR HELP, UNQUOTE.

I DON'T KNOW HOW YOU IN THE COURT READ THIS, BUT I BELIEVE HE'S SAYING THAT THE SHERIFF'S DEPARTMENT IS UNDERFUNDED AND THE SHERIFF CAN'T DO HIS JOB WITHOUT MORE MONEY FROM THE PUBLIC. HE FORGOT TO MENTION THAT LAST WEEK'S AGENDA ITEM 11 TO UTILIZE THE SHERIFF'S OFFICE' CONTINUING EDUCATION FUND TO SEND A DEPUTY TO COLORADO TO ATTEND THE INTERNATIONAL ASSOCIATION OF AUTO THEFT INVESTIGATORS CONFERENCE WAS PASSED. THIS APPEARS TO ME TO BE A SHAKEDOWN. I WOULD THINK THAT THE COUNTY ATTORNEY AND/OR THE DISTRICT ATTORNEY MIGHT WISH TO INVESTIGATE THIS. NO, WAIT A SECOND, THE COUNTY ATTORNEY IS BUSY TEACHING CLASS AT THE UNIVERSITY AND THE DA IS THROWING HIS FULL WEIGHT BEHIND PROSECUTION OF AN ALLEGED MINOR TRAFFIC VIOLATION. A CASE, INCIDENTALLY, WHICH HE LOST. FINALLY, WHEN IS THE COURT GOING TO GET SERIOUS ABOUT SERVING THE PEOPLE OF HAYS COUNTY? YOU'VE PUT US $750 MILLION IN DEBT, IN THE HOLE.

YOU'RE SERVING THE BUILDERS, THE BANKERS, THE ROAD CONSTRUCTION FIRMS AND THE REAL ESTATE AGENTS.

YOU RAISED THE TAX RATE IN THE MIDDLE OF A PANDEMIC, AND MANY PEOPLE IN THIS COUNTY ARE STRUGGLING TO KEEP THEIR HEADS ABOVE WATER. REMEMBER, YOU CAN'T SERVE TWO MASTERS. YOU CAN'T SERVE GOD AND MAMMON.

THANK YOU VERY MUCH. >> THANK YOU, MR. LION.

OUR NEXT SPEAKER IS MR. ERIC MARTINEZ.

>> I WANT TO START OUT BY APPLAUDING THE COUNTY AND THINK ABOUT WHERE WE'VE COME IN THREE YEARS.

DEMOCRATIC COUNTY JUDGE BECERRA REINVIGORATED THE CONVERSATION AROUND CRIMINAL JUSTICE REFORM AND THE COORDINATING COMMISSION.

[00:10:10]

THIS COURT HAS PUT FORWARD CENTRALIZED MADGESTRATION AND WE HAVE THE OPPORTUNITY TO PUT FORWARD A GRANT TO THE TEXAS DEFENSE COMMISSION THAT WOULD COVER 80% OF THE COST FOR A PUBLIC DEFENDER'S OFFICE AND A MANAGED ASSIGNED COUNSEL SYSTEM THE FIRST YEAR. IT WOULD GIVE BOTH THE PUBLIC DEFENDERS AND CURRENT COURT APPOINTED ASSIGNED COUNSEL ACCESS TO MORE SUPPORT SUCH AS CASE WORKERS AND DEFENSE INVESTIGATORS AND ADDRESS BOTH CRIMINAL AND CIVIL ISSUES SUCH AS ACCESS TO HOUSING, JOB TRAINING, AND MORE.

IN RECENT YEARS, WE MADE INCREASES IN INDIGENT DEFENSE SPENDING BUT WE'RE STILL BELOW THE STATE AVERAGE.

RESEARCH BY A&M AND THE STATE OF TEXAS HAS SHOWN THAT PUBLIC DEFENDERS ARE WORTH THE INVESTMENT.

SIMPLY PUT, I URGE COMMISSIONERS TO CONTINUE THE TEMPO AND INVEST IN REPRESENTATION INSTEAD OF INCARCERATION BY SUPPORTING THE INITIATIVE FOR A HOLISTIC PUBLIC DEFENDER'S OFFICE AND A MANAGED ASSIGNED COUNSEL SYSTEM. THANK YOU.

>> THANK YOU, SIR. AND OUR FINAL SPEAKER IS

MR. MIKE LEE. >> GOOD MORNING, THANK YOU FOR AFFORDING ME THE OPPORTUNITY TO APPEAR AND SPEAK.

I'M HERE TO SPEAK ON BEHALF OF THE COUNSEL OF FIRST APPEARANCE PROJECT AND IN SUPPORT OF THE WORK IT DOES.

I'M CONCERNED IN HAYS COUNTY ABOUT -- I'M CONCERNED PERIOD AS A LAWYER ABOUT THE FACT THAT JUSTICE MAY DEPEND ON HOW MUCH MONEY YOU HAVE. RIGHT.

I DON'T THINK THAT IS FAIR. I DON'T THINK THAT'S CONSTITUTIONAL. I NOTE I'VE BEEN FILING THINGS IN COURT BECAUSE I KNEW THE ACLU WAS COMING AT SOME POINT.

THAT COULD BE INJU INJURIOUS TOE MONEY OF THE TAXPAYERS.

I'M A PARTICIPATING ATTORNEY IN THE COUNSEL OF FIRST APPEARANCE PROJECT. I'M ALSO HERE TO SUPPORT THE EFFORT TO HAVE A PUBLIC DEFENDER RATHER THAN PRIVATE COUNSEL RETAINED. I BELIEVE THAT INDIGENTS WOULD GET BETTER REPRESENTATION. I DON'T THINK THE POOR SHOULD BE TREATED BADLY BECAUSE THEY'RE POOR.

OR SUFFER CONSEQUENCES THAT ARE ADVERSE TO THEM THAT PEOPLE WITH MONEY DON'T SUFFER. IT'S NOT RIGHT, IT'S NOT FAIR.

I BELIEVE A PUBLIC DEFENDER'S OFFICE WOULD BE A BIG STEP TOWARD TRYING TO ADDRESS THOSE KINDS OF CONSIDERATIONS AND CONCERNS. I ALSO BELIEVE THAT -- IN SPEAKING ABOUT THIS MATTER WITH SOME PEOPLE, THEY SAID THE DEFENSE BAR MIGHT OPPOSE IT. I DON'T KNOW WHO THIS DEFENSE BAR IS S. I'VE BEEN PRACTICING LAW HERE EXCEPT FOR A COUPLE YEARS. I'VE NEVER BEEN INVITED TO A DEFENSE BAR MEETING. I DON'T KNOW WHO THEY ARE.

APPARENTLY I'M NOT ONE OF THEM OR I'M NOT INVITED.

MAYBE I'M NOT PART OF THE CLUB, I DON'T KNOW.

I DON'T CARE. MY CONCERN IS TO REPRESENT PEOPLE TO THE BEST OF MY ABILITY, THAT'S WHAT I'VE TAKEN AN OATH TO DO. I BELIEVE A PUBLIC DEFENDER'S OFFICE WOULD BE BETTER SUITED THAN PRIVATE COUNSEL THAT HAVE TO JUGGLE THINGS. I BELIEVE THAT THE JUSTICE OF ONE RECEIVED WOULD BE MORE CONSISTENT WITH -- WOULD BE MORE CONSISTENT THAN IS RECEIVED BY PEOPLE WITH MONEY.

FOR THAT REASON I URGE YOU TO CONSIDER THAT.

I BELIEVE THAT THEY SHOULD BE BORBORNE BY THE PUBLIC DEFENDERS OFFICE SHOULD TAKE AT LEAST 75% OF THE MISDEMEANOR, IF NOT MORE.

BUT THE PUBLIC DEFENDER'S OFFICE WOULD BE A TRAINING GROUND IN THE S SENSE FOR OTHER LAWYERS TO MOVE TO THE AREA AND BE AN ATTRACTION FOR YOUNG LAWYERS. IN TRYING TO ESTABLISH THIS, BECAUSE LAWYERS IN HAYS COUNTY -- HAYS, CALDWELL, GUADULOUPE, MOST LAWYERS DO MORE THAN ONE COUNTY E. MAYBE IT'S C.

MAYBE THE COUNTIES COULD JOINTLY ADDRESS HOW TO ADDRESS THE PROBLEM. JUDGE ROBINSON GOES TO DIFFERENT COURTS AND SO SHOULD WE. OTHER THAN THAT, YOU KNOW, I JUST URGE YOU TO GET A PUBLIC DEFENDER AND CONTINUE TO SUPPORT THE PROGRAM BECAUSE THE FUNDING IS GOING TO RUN OUT AT SOME POINT FOR US. THANK YOU.

>> THANK YOU, SIR, FOR YOUR COMMENTS.

[1. Recognition of Chief Environmental Health Specialist/Floodplain Administrator Tom Pope for his 36 years of service to Hays County. INGALSBE/SHELL]

[00:15:01]

DR. CARDENAS WILL YOU PLEASE OPEN AGENDA 1.

>> RECOGNITION OF CHIEF ENVIRONMENTAL HEALTH SPECIALIST, FLOOD PLAIN ADMINISTRATOR TOM HOPOPE FOR HIS 36 YEARS OF SERVE

FOR HAYS COUNTY. >> IF YOU'LL PLEASE STATE YOUR

NAME AND TITLE. >> MARKUS PACHECO, HAYS COUNTY DWDEVELOPMENT SERVICES COORDINATOR.

THANK YOU FOR THIS OPPORTUNITY AND RECOGNIZING A TRULY AMAZING INDIVIDUAL, TOM POPE. HE'LL BE RETIRING ON MARCH 31ST, 2021, AFTER 36 PLUS YEARS OF UNMATCHED PUBLIC SERVICE TO THE CITIZENS OF HAYS COUNTY.

I'VE HAD THE ULTIMATE PRIVILEGE OF WORKING ALONGSIDE TOM FOR THE PAST FIVE YEARS, AND HAVE BEEN HONORED TO WITNESS THE RELENTLESS DEDICATION AND TRUE PASSION SHOWED THROUGH MR. POPE'S WORK. THROUGHOUT THESE PAST 36 YEARS, WE ALL HAVE SEEN THE COUNTY GROW AND PROSPER.

THERE HAS BEEN ONE CONSTANT AND THAT CONSTANT HAS BEEN YOU, TOM.

YOU HAVE BEEN A CONSTANT SOURCE OF KNOWLEDGE AND EXPERTISE ACROSS MANY FACETS, FLOOD PLAIN AND SEPTIC TO NAME A FEW.

YOU HAVE BEEN A CONSTANT FRIENDLY VOICE ONE COULD CALL AND CONVEY THEIR QUESTIONS AND CONCERNS TO.

YOU HAVE BEEN A CONSTANT DEDICATED PUBLIC SERVANT THAT DAY AFTER DAY, YEAR AFTER YEAR YOU'VE ALWAYS PUT THE DEPARTMENT AND THE COUNTY'S NEEDS ABOVE YOURS.

YOU'LL BE MISSED BUT YOU'LL NEVER BE FORGOTTEN.

AND YOUR IMPRINT ON THIS COUNTY WILL BE EVERLASTING.

CONGRATULATIONS AND HAPPY RETIREMENT.

AND SO IF THERE'S ANYONE ELSE THAT WOULD LIKE TO COME UP AND

SPEAK, PLEASE DO. >> GOOD MORNING, JUDGE, COMMISSIONERS. FORGIVE ME I'M NOT A SPEAKER.

MI'M A SANITARIAN WITH DEVELOPMENT SERVICES.

I WORKED WITH TOM FOR ABOUT 11 YEARS.

AND HE'S MY BOSS AND MY MENTOR AND MY FRIEND.

I THINK THAT HIS SERVICE IN THIS COUNTY IS PROBABLY UNMATCHED.

I THINK IT'S A MAGNIFICENT LOSS FOR HIM TO LEAVE.

I MEAN, AS THE COUNTY'S GROWN, HE'S BEEN VERY MUCH A PART OF THAT, ISSUING OUR DEVELOPMENT PERMITS, SEPTIC PERMITS LIKE MARKUS MENTIONED, INSPECTING RESTAURANTS, CRITICAL AND ENVIRONMENTAL HEALTH AND PUBLIC HEALTH, THAT KIND OF DEDICATION IN THIS COUNTY IS -- IT'S CRAZY. BUT THERE'S A LOT OF PEOPLE THAT HAVE RELIED ON HIM AFTER THE WIMBERLEY FLOO FLOODS.

A LOT OF RESIDENTS REACHED OUT FOR ASSISTANCE AND HE WAS ABLE TO GET PEOPLE GET PERMITTED AGAIN AND LET THEM KNOW ON WITH THEIR LIVES. BUT DOING IT IN THE INTEREST OF PUBLIC HEALTH, JUST IT'S -- IT REALLY IS A MAGNIFICENT LOSS AND HE SHOULD BE RECOGNIZED AT THE ABSOLUTE HIGHEST LEVEL HERE IN THE COUNTY. THAT'S ALL I'VE GOT.

THANKS. >> THANK YOU SO MUCH FOR COMING OUT. AND THAT IS EXACTLY WHAT THE INTENT IS WITH THIS AGENDA ITEM, IS TO RECOGNIZE HIM TO THE HIGHEST LEVEL IN THIS COUNTY. COMMISSIONER INGALSBE.

>> KNOW THERE'S SOME OTHER FORMER EMPLOYEES THAT HAVE WORKED FOR THE COUNTY AND WITH TOM THAT MAY WANT TO SAY A FEW WORDS. I WANT TO GIVE THEM AN

OPPORTUNITY. >> OH, YES, MR. PACHECO OFFERED SO NO ONE ELSE MOVED AND I WASN'T SURE IF THEY WERE HERE FOR A PHOTO. BUT ALSO, PLEASE, TAKE THE

PODIUM. >> GOOD MORNING.

IT'S GOOD TO SEE YOU ALL AGAIN. THIS MAY BE THE MOST NERVOUS I'VE EVER BEEN TO SPEAK TO THIS ROOM.

HONESTLY. YOU KNOW, I MET TOM, IT'S BEEN 14 YEARS NOW. AND VERY EARLY ON WHEN I MET HIM, IT WAS CLEAR THAT TOM WAS DEDICATED TO PUBLIC SERVICE.

MARKUS MADE A COMMENT ABOUT TOM PUTTING THE COUNTY AND EVERYONE ELSE FIRST AND THAT INCLUDED OUR CITIZENS.

I'VE WATCHED THE MAN PUT HIMSELF IN HARM'S WAY.

SINCE I'VE KNOWN HIM HE'S BEEN BITTEN BY A SNAKE, A DOG, A RABID CAT. HE NEVER PUTS HIS NEEDS ABOVE ANYONE ELSE'S. I'VE SENSE LEFT HAYS COUNTY AND COME ACROSS OTHER OFFICIALS AND I DON'T THINK I'LL EVER MEET SOMEONE AS DEDICATED TO PUBLIC SERVICE AS TOM.

ERIC AND MARKUS HAVE TALKED ABOUT THE IMPACT HE'S HAD.

YOU CAN LOOK AROUND THE STATE OF TEXAS AND YOU CAN SEE FOLKS IN LEADERSHIP POSITIONS IN OTHER AGENCIES, HIS IMPACT IS AS FAR NORTHWEST AS WASHINGTON STATE. WE'VE GOT FOLKS IN FLORIDA THAT STUDY UNDER TOM AND LEARNED UNDER TOM AND TAKEN WHAT THEY PICKED UP HERE WITH THEM SOMEWHERE ELSE.

HE DIDN'T JUST AFFECT PUBLIC HEALTH HERE HE AFFECTS IF EVERYWHERE ELSE HE GOES. I TOLD Y'ALL A STORY ONE TIME, IT WAS TOM'S ANNIVERSARY, MAYBE THE 35TH YEAR DURING THE

[00:20:02]

WIMBERLEY FLOODS. ONE OF THE THINGS THAT ROXIE AND I USED TO LAUGH AT WERE THE RANDOM REASONS TOM WOULD NEED TO COME IN LATE TO WORK NEXT DAY, WHETHER IT WAS THE DOG OR CAT OR SNAKE. ONE DAY HE NEEDED TO COME IN A LITTLE BIT LATE BECAUSE HE NEEDED TO PICK UP HIS CAR AFTER THE WIMBERLEY FLOODS. WE WERE DOING SOMETHING ELSE, TOM WAS HELPING CITIZENS AND FOLKS WHO HAD JUST LOST HIS HOMES. FOR ONE OF THE INCIDENCES, TOM LOANED HIS CAR TO A RANDOM STRANGER FOR THREE OR FOUR DAYS.

THE MAN REALLY JUST SEES THE GOOD IN PEOPLE.

I FOR ONE, AM BLESSED HE TOOK THE TIME TO MAKE THE PHONE CALL AND BRING ME ON BOARD. I APPRECIATE YOU TAKING THE TIME TO RECOGNIZE TOM THIS MORNING. HE'S ONE OF MY HEROES.

>> SO NICE. DOES ANYONE ELSE CARE TO TAKE THE PODIUM? I'LL OPEN IT UP TO THE

COMMISSIONERS. >> JUDGE, I DON'T KNOW THAT I CAN SAY A WHOLE LOT MORE THAN WHAT HAS ALREADY BEEN SAID, AND JUST THOSE WORDS THAT HAVE BEEN SPOKEN, JUST MEANS SO MUCH AND SAYS SO MUCH ABOUT YOU, TOM. WE REALLY TRULY APPRECIATE YOUR MANY YEARS OF HARD WORK AND DEDICATION TO THIS COUNTY AND TO ITS CITIZENS. SOME OF THE THINGS THAT COME TO MIND AS HAS BEEN MENTIONED ARE THE POSITIVE EFFECTS YOU HAVE HAD ON SO MANY PEOPLE. THE 2015 FLOODS, I KNOW THAT YOU WORKED TIRELESSLY TO HELP STRANGERS TO JUST, YOU KNOW, GET THE RESOURCES THAT NEED. YOU KNOW, I HAD SO MANY PEOPLE COMPLIMENT YOU BECAUSE OF THE HELP YOU KNAV GAVE THEM DURING E REALLY DIFFICULT TIMES. I REALLY APPRECIATE YOU.

YOU KNOW, YOUR GENTLENESS OF HOW YOU APPROACH THINGS.

BUT THE WEALTH OF KNOWLEDGE THAT YOU HAVE AND HAVE SHARED WITH SO MANY. AND SO YOU WILL TRULY BE MISSED.

WE REALLY APPRECIATE EVERYTHING THAT YOU HAVE DONE FOR OUR COUNTY. THANK YOU, TOM.

>> COMMISSIONER? >> TOM FOR YOU TO RETIRE, YOU'RE LUCKY IT DOES NOT TAKE A VOTE OF THIS COMMISSIONER'S COURT BECAUSE IT WOULD NOT PASS. WHEN I FIRST GOT ELECTED WE HAD THOSE THREE ONCE IN A LIFETIME FLOODS.

YOU AND I SPENT A LOT OF TIME KNOWGOING TO CITIZENS' HOMES THT HAD BEEN FLOODED OUT. YOUR ABILITY TO HELP THOSE PEOPLE MAKE AN IMPRESSION ON ME. THE TIME YOU TOOK AND HOW YOU HANDLED THAT SITUATION. AL THE OTHER -- WE TALKED ABOUT HOW YOU HANDLED OUR STR CONSTITUENTS.

WE HAVE BEEN TO REGIONAL MEETINGS WHERE WE'VE HAD TRAVIS COUNTY, CITY OF AUSTIN, SURROUNDING COUNTIES AND YOU'RE THE PERSON THEY LISTEN TO. WHEN YOU SPEAK, ALL THOSE EXPERTS, SUPPOSED EXPERTS, THEY ALWAYS TURN TO YOU.

YOU'RE THE ONE THAT GIVES THE RIGHT ADVICE.

YOU'RE GOING TO BE SORELY MISSED BUT I KNOW YOU'RE STILL GOING TO BE A RESOURCE TO HAYS COUNTY, EVEN DURING RETIREMENT.

I HOPE YOU ENJOY IT WITH ALL YOUR HEART.

I HOPE YOUR FAMILY ENJOYS HAVING YOU BACK MORE.

>> COMMISSIONER SHELL? >> THANKS, JUDGE.

FOR THOSE OF US THAT HAVE BEEN AROUND HERE A WHILE, WE ALL KNEW THAT SOMEDAY TOM WOULD RETIRE. WE OBVIOUSLY HOPED IT WOULD BE AFTER WE WERE GONE, THOUGH. THE STORIES OF THE FLOOD AND EVERYTHING, TOM HAS ALWAYS BEEN THAT CALMING VOICE FOR OUR CITIZENS. IF IT WAS A TENSE TIME OR WHEN ROXIE WAS AROUND OR CAITLIN OR NOW M MARKUS I CAN'T TELL YOU HW MANY TIMES I'VE CALLED AND SAID CAN YOU HAVE TOM CHECK THIS ON ME? IT WAS THE FIRST PERSON THAT ALWAYS CAME UP, NO MATTER WHAT THE ISSUE WAS.

TOM WOULD FIND AN ANSWER AND HELP PEOPLE SOMETIMES IN THEIR DARKEST HOUR. HE WAS THE BEST PERSON TO SEND AND HE UNDERSTOOD WHO HE WORKED FOR, ONE OF THOSE RARE FOLKS THAT KNEW HE WORKED FOR THEM AND THEY WERE HIS BOSS.

HE TREATED THEM WITH A GREAT DEAL OF RESPECT.

WE'RE KNOWING GOING TO MISS THA. I KNOW HE'S LEFT A LEGACY HERE.

PLENTY OF PEOPLE ARE GOING TO TAKE IT ON.

WE'VE GOT A LOT OF FOLKS THAT HAVE LEARNED UNDER TOM AND WILL TAKE ALL THAT KNOWLEDGE AND THAT RESPECT THAT HE SHOWED TO OUR CITIZENS AND THEY'LL DO THE SAME THING.

THAT WILL MAKE THIS COUNTY A BETTER PLACE.

I'M POSITIVE OF IT. WE'RE GOING TO MISS YOU, TOM.

I'M SURE YOU'LL ENJOY YOUR RETIREMENT, BUT PROBABLY STILL GET A FEW CALLS FROM US EVERY NOW AND THEN.

APPRECIATE YOU. >> I JUST WANT TO THANK YOU FOR YOUR HISTORY OF PUBLIC SERVICE. WHENEVER I SAY PUBLIC SERVICE, I MEAN CUSTOMER SERVICE. I CAN'T TELL YOU HOW MANY TIMES CAITLIN WOULD CALL ME AND SAY, HEY, DON'T WORRY ABOUT IT.

WE WOULD HAVE SOME BIG LONG CONVERSATION ABOUT SOME PLACE ON THE FAR NORTHERN TIP OF THE COUNTY, AND AT THE END OF THE DAY I KNEW THE ANSWER WAS IT WAS GOING TO GET HANDLED WHEN SHE SAID DON'T WORRY I'M SENDING TOM OUT THERE.

IT WAS A CALMING VOICE TO ME, AND I THINK THE THING THAT

[00:25:02]

IMPRESSED ME MORE THAN ANYTHING, TOM, WAS PEOPLE UNDERSTAND AND APPRECIATE HONESTY, EVEN WHEN IT'S NOT THE ANSWER THEY WANT TO HEAR. AND AT THE END OF THE DAY, YOU HAD A WAY WITH -- HAVE A WAY WITH WORKING PEOPLE WHERE YOU CAN TELL THEM, EVEN AT TIMES WHENEVER THEY DON'T WANT TO HEAR WHAT THE FACTS OF THE SITUATION ARE, YOU HAVE THE COMPASSION AND THE PUBLIC SERVICE THAT YOU'VE DEDICATED YOURSELF TO TO HELP THEM THROUGH WHATEVER THAT SITUATION IS AND EXPLAIN THOSE HARD TIMES JUST AS WELL AS DELIVERING THAT GOOD NEWS.

I THINK PEOPLE REALLY APPRECIATE THAT.

I HOPE THAT THIS ISN'T THE LAST OF YOU WE SEE.

LORD KNOWS THERE'S TWO OF US THAT REPRESENT LAMCO ROAD.

I'M SURE IT WOULD BE REFRESHING TO BE ON THE OTHER END OF THE PHONE CALLS EVERY ONCE IN A WHILE.

CALL US WHEN YOU NEED SOMETHING. I WANT TO SAY THANK YOU SO MUCH

FOR YOUR SERVICE. >> WITH A SEND OFF LIKE THAT, HOW CAN YOU GO WRONG? I ALSO HAVE THE OPPORTUNITY TO -- WITH COMMISSIONER -- TO THE CAPITAL AND WE HAD A BIG MEETING ON THE WHOLE FLOODING AND YOU WERE THERE AND WE HAD LOTS OF CONVERSATIONS. I DIDN'T GET THE PRIVILEGE OF WORKING AS LONG WITH YOU, BUT I AM TOTALLY GRATEFUL FOR THE TIME YOU'VE SPENT HERE AND CLEARLY IMPACTED LIVES, WHICH I THINK AT THE END OF THE DAY IS WHAT'S MOST IMPORTANT.

HOW YOUR EXISTENCE HAS HELPED OTHERS.

SO FOR THAT, I WANT TO PERSONALLY THANK YOU GENUINELY A VISUAL IMPACT. THANK YOU, SIR.

DO WE HAVE ANY INTEREST OR A TIME OR A SETTING FOR A QUICK

PIC? >> WE CAN DO IT UP HERE.

>> COULD WE DO THAT REALLY QUICK?

>> DOES TOM -- >> ARE YOU INTERESTED IN A PIC OR TO SAY ANYTHING? PERFECT.

>> AS HE COMES UP, JUDGE, I THINK HE DESERVED A ROUND OF APPLAUSE.

>> THANK EVERYBODY HERE. I'M PRETTY HAPPY I'VE HAD A GOOD CAREER HERE. I LOVE HAYS COUNTY.

I ENJOY EVERYBODY THAT I WORK WITH.

THANKS, COMMISSIONERS COURT. Y'ALL HAVE DONE A GOOD JOB GETTING US THROUGH THE LAST YEAR.

AND MARKUS, HE'S DOING A GOOD JOB AS A DIRECTOR SO FAR.

YEAH, I'M GOING TO MISS WORK. BUT WE'LL SEE HOW IT GOES.

THANKS. >> THANK YOU, TOM.

IF YOU WOULD COME UP >> YOU WANT TO COME UP FOR A

QUICK PIC? >> YES, SIR.

>> ALL RIGHT, FOLKS, SEE IF WE CAN GET YOU ALL IN HERE.

AALL RIGHT. ONE, TWO, THREE.

THANK YOU.

[00:30:16]

DR. CARDENAS WILL YOU PLEASE OPEN AGENDA ITEM 2

[2. Update from the County Judge and staff regarding the Local Disaster Declaration and COVID-19. Possible discussion and action may follow. BECERRA]

>> NUMBER 2, UPDATES FROM THE COUNTY JUDGE AND STAFF REGARDING THE LOCAL DISASTER DECLARATION AND COVID-19.

POSSIBLE DISCUSSION AND ACTION MAY FOLLOW.

>> AS MIKE JONES APPROACHES THE PODIUM I WILL SAY ALTHOUGH THE CIRCLE OF THE AMERICAS EFFORT SEEMS TO HAVE GONE QUIET, YOU MUST KNOW EVERY VACCINE THAT HAVE BEEN DISPENSED OUT OF THE CIRCLE OF THE AMERICAS REQUIRES A SECOND VISIT.

THAT'S WHAT'S BEEN GOING ON IN THE MEANTIME SO EVERYONE KNOWS

AND IS UP TO DATE. >> MIKE JONES, GOOD MORNING, COURT. AS MANY OF YOU ARE AWARE, WHAT THE JUDGE HAS SAID, WE HAVE A CLINIC THAT'S ONGOING TODAY AND TOMORROW AT THE WIMBERLEY FIRST BAPTIST CHURCH.

ON THAT SUBJECT I WANT TO PUBLICLY THANK THE WIMBERLEY FIRST BAPTIST CHURCH FOR ALL THEY'VE DONE.

ANYONE THEY'VE TAKEN CARE EXTREMELY GOOD CARE OF OUR VOLUNTEERS. THEY HAVE STEPPED UP AND FED THEM LUNCH AND DINNER FOR EVERY CLINIC WE HAVE HAD OUT THERE, THEY CONTINUE TO DO SO WELL. THE PASTOR OF THE CHURCH HAS OFFERED HIS PLATFORM OUT THERE TO CONTINUE VACCINATIONS WITH SOME OF OUR PRIVATE PARTNERS. WE HAVE ONE OF OUR PRIVATE PARTNERS WHO ARE GOING TO TAKE A LOOK AT THE FOOTPRINT, IDENTIFY THE BEST WAY TO DO AN ONGOING VACCINATION CLINIC OUT THERE MONDAY THROUGH FRIDAY. I'M LOOKING FORWARD TO BRINGING THAT TO COURT NEXT WEEK TO KEEP YOU ABREAST OF WHAT'S GOING ON THERE. NEXT WEEK WE'LL BE GOING TO INPERTHEPERFORMING ARTS CLINIC. IF IF YOU HAVEN'T HAD AN OPPORTUNITY TO GET YOUR SECOND DOSE, YOU HAVE TWO OPPORTUNITIES THIS WEEK. QUESTIONS, COURT?

>> LOOK AT THAT, HOW INTERESTING.

THANK YOU VERY MUCH FOR YOUR WORK, MR. JONES.

ANYTHERE WE GO. WILL YOU PLEASE OPEN AGENDA ITEM

[7. Authorize the acceptance of the Texas Indigent Defense Commission FY21 Formula Grant Program in the amount of $140,485.00. BECERRA/T.CRUMLEY]

7? >> 7, AUTHORIZE THE ACCEPTANCE OF THE TEXT INDIGENT DEFENSE COMMISSION FY21 FORMULA GRANT PROGRAM IN THE AMOUNT OF $1,404.85

>> SO MOVED >> WE HAD A MOTION AND A SECOND.

I'M GETTING A NOTE THANKS I'M NOT GOING TO SPEAK ON THAT AGENDA ITEM. DID YOU HAVE AN INTEREST IN

CHANGING THE NUMBER? >> YES YOUR HONOR, I MEANT TO

WRITE DOWN 32 >> NO PROBLEM.

SO WE HAVE A MOTION AND A SECOND, PLEASE CALL THE ROLL.

ROLL

[32. Discussion and possible action regarding the Criminal Justice Coordinating Commission including an update on recent Commission and subcommittee meetings. SHELL/INGALSBE]

>> WILL YOU PLEASE OPEN AGENDA ITEM 32

>> DISCUSSION AN UPDATE ON RECENT COMMISSION AND

SUBCOMMITTEE MEETINGS >> SO MOVED

>> SECOND >> WE HAVE TWO PEOPLE SIGNED UP TO SPEAK, FIRST SPEAKER IS MS. CHRISTINE TERRELL.

IF YOU WOULD PLEASE APPROACH THE PODIUM.

>> GOOD MORNING, JUDGE AND COMMISSIONERS.

I'M HERE AGAIN TODAY ONCE AGAIN TO ENCOURAGE EACH OF YOU TO APPROVE THE CREATION OF A PUBLIC DEFENDER'S OFFICE THOUGH ANY PDO IS BETTER THAN WHAT WE HAVE NOW, I WOULD ASK COMMISSIONERS TO AIM FOR ONE THAT STARTS WITH A 50% CASE LOAD LIKE THE ORIGINAL PROPOSAL PUT FORTH BY THE TIDC. I HAVE TO ASSUME THAT THE REASON A PDO KEEPS COMING UP IS BECAUSE WE ALL KNOW AT SOME LEVEL IT'S THE RIGHT THING TO DO. THERE IS NO QUESTION.

WE HAVE FAR TOO MANY PEOPLE SITTING IN OUR COUNTY JAIL FOR FAR TOO LONG. MANY FOR INFRACTIONS FAR TOO INSIGNIFICANT TO WARRANT THE $3,000 PLUS A MONTH IT COSTS TO DETAIN THEM. IT'S A SAD FACT THAT HAYS COUNTY HAS ONE OF THE SLOWEST DISTRICT COURT SYSTEMS IN THE ENTIRE STATE. MEANING THAT PEOPLE LINGER IN OUR JAILS MUCH LONGER THAN NECESSARY, COSTING THEM JOBS AND RELATIONSHIPS AND COSTING TAXPAYERS UNTOLD MILLIONS.

A LONG TERM STUDY OUT OF THE BRONX SHOWS CLEARLY THAT PDOS OFFER CONSIDERABLE POTENTIAL TO REDUCE INCARCERATION WITHOUT HARMING PUBLIC SAFETY. TO QUOTE FROM THE REPORT, QUOTE,

[00:35:04]

REPRESENTATION DOES NOT AFFECT CONVICTION RATES, BUT IT REDUCES THE LIKELIHOOD OF A CUSTODIAL SENTENCE BY 16%, AND EXPECTED SENTENCE LENGTH BY 24% OVER THE TEN YEAR STUDY PERIOD, REPRESENTATION IN THE BRONX RESULTED IN 1.1 MILLION FEWER DAYS OF CUSTODIAL PUNISHMENT. FEWER DAYS OF CUSTODIAL PUNISHMENT SHOULD BE A GOAL WE CAN ALL AGREE ON.

EVEN A MODEST DECREASE IN INCARCERATION WITH A PDO WOULD BE SIGNIFICANT. BOTH TO THE BOTTOM LINE FOR TAXPAYERS, AND FOR OUR FELLOW CITIZENS' ABILITY TO CONTINUE TO WORK, SUPPORT FAMILY, AND KEEP THEIR LIVES MOVING FORWARD IN PRODUCTIVE WAYS. THE MOST CONFUSING PART IS THAT WE'RE NOT EVEN TALKING ABOUT A LOT OF MONEY.

THE PROPOSED BUDGET FOR A HOLISTIC PDO IS BETWEEN $1.5 MILLION AND $3 MILLION WE SPEND THAT EVERY MONTH KEE KEEPG 500 PLUS JAIL BEDS FILLED. WE SPENT MORE THAN THAT FOR THE NEW JAIL LAST YEAR. I KEEP HEARING FROM COMMISSIONERS THAT IT'S THE COST OF A PDO THAT KEEPS YOU FROM MOVING FORWARD WITH IT, BUT THE NUMBERS DON'T SUPPORT THAT STORY. SO WE CONTINUE TO HEM AND HAW ABOUT THIS OPPORTUNITY. A PDO IS LIKELY TO REDUCE OUR OVERALL COSTS AND IT WILL BE BETTER THAN OUR ZERO ACCOUNTABILITY COURT OPPONENT SYSTEM.

IT WILL GIVE CITIZENS AN OFFICE DEDICATED TO THEIR PROSECUTE.

WE HAVE NOT ONE COUNTY EMPLOYEE DEDICATED TO THEIR DEFENSE.

THERE ARE SO MANY THINGS TRULY OUT OF YOUR CONTROL BUT THIS IS SOMETHING YOU CAN ACTUALLY FIX. I URGE YOU TO DO IT

>> THANK YOU, MA'AM. OUR NEXT SPEAKER IS MS. SHANNON

FITZPATRICK.. >> THANK YOU YOUR HONOR.

I WOULD LIKE TO START OFF WITH THANKS COMMISSIONERS INGALSBE AND SHELL FOR BRINGING THIS ISSUE TO TODAY'S MEETING.

THIS IS A CRITICAL ISSUE FOR THE CITIZENS OF HAYS COUNTY.

I'M A FORMER PROSECUTOR HERE IN HAYS COUNTY AS WELL AS A CRIMINAL DEFENSE OPPORTUNITY. I'VE SEEN THIS ISSUE FROM BOTH SIDES. I THINK ONE OF THE BEST DESCRIPTIONS I'VE HEARD WHETHER WE SHOULD HAVE A PUBLIC DEFENDER'S OFFICE LIKE IS THE COMPARISON.

IF WE THINK IT'S GOOD FOR ATTORNEYS TO DO PART TIME, WE SHOULD DO THE SAME THING FOR PROSECUTORS.

THEY SHOULD PROSECUTE CASED PART TIME.

THERE ARE MORE THAN A FEW COUNTIES THAT DO THAT.

I HANDLED A NUMBER OF CASES OUT IN EAST TEXAS AND SAW THIS IN PRACTICE. IT WAS SHALL WE SAY, CHALLENGING. SCHEDULING, VARIOUS CONFLICTS AND OFTEN SIMPLY A LACK OF TIME TO MAKE SURE THAT JUSTICE WAS SERVED. IT DID NOT WORK OUT VERY WELL, BUT IT WAS ALL THEY COULD DO. HAYS COUNTY ON THE OTHER HAND DOES MUCH BETTER WITH ITS DA'S OFFICE BUT NOT SO MUCH FOR THE DEFENDANTS. NOIT IS NOT EASY TO RUN A PRIVAE LAW PRACTICE PART TIME AND WORK FOR THE STATE PART TIME WHETHER YOU'RE A PROSECUTOR OR A DEFENSE ATTORNEY.

OUR COUNTY CAN DO BETTER. I CANNOT EARNI URGE YOU STRONGLY ENOUGH TO START THIS OFFICE AT A BARE MINIMUM OF 50%.

IDEALLY 100%. LET'S SEE HOW THE 50% GOES AND BE PREPARED TO MOVE QUICKLY UPWARD FROM THERE THAT IS THE MOST COST EFFECTIVE APPROACH, AND IT WILL BEGIN TO PROVIDE THE COUNTY WITH THE GREATEST QUALITY FOR ITS MONEY.

ATTORNEYS TAKE COURT APPOINTMENTS, BUT UNFORTUNATELY I HAVE SEEN SOME ATTORNEYS WHO HAVE DONE REAL DAMAGE TO THE LIVES OF THOSE THEY REPRESENT. EVEN WITH BEST OF INTENTION, PRIVATE ATTORNEYS ARE VERY DIFFICULT FOR THE COURTS TO MANAGE. JUDGES ARE OFTEN HESITANT TO KICK ATTORNEYS OFF OF CASES, AND OFTEN CLIENTS DON'T KNOW THAT THINGS ARE GOING BADLY UNTIL WELL AFTER THE EVENTS HAVE HAPPENED AND LIVES HAVE BEEN RUINED.

A PROFESSIONAL WELL-MANAGED PUBLIC DEFENDER'S OFFICE IS CRITICAL FOR HAYS COUNTY. IT IS SUPPORTED BY THE DATA, IT'S SUPPORTED BY THE DA'S OFFICE AND IT'S SUPPORTED BY THE NEIGHBORING CITIES WHO HAVE FOUND IT TRANSFORMATIVE IN THEIR COMMUNITIES. IN SHORT, THE TIME HAS COME TO FULLY FUND SUCH AN OFFICE, AND THANK YOU AGAIN FOR ALL THE WORK

ON THIS IMPORTANT ISSUE. >> THANK YOU, MA'AM.

[00:40:02]

THAT CONCLUDES OUR SPEAKERS ON THIS AGENDA ITEM UNLESS I MISSED ONE. COMMISSIONER SHELL?

>> I WANTED TO PROVIDE THIS UPDATE TO THE COURT TO WE DID HAVE OUR LATEST MEETING LAST WEEK.

LEADING UP TO THAT MEETING, SEVERAL OTHER MEETINGS WE HAVE MET WITH SOME LOCAL DEFENSE ATTORNEYS.

WE HAVE SPOKEN WITH SOME OF OUR JUDGES TO GET SOME INPUT FROM THEM ON SOME OF THE ISSUES THAT WE'VE BEEN DISCUSSING IN OUR MEETINGS RECENTLY. SORT OF WHAT'S ROSE TO THE TOP ARE TWO MAIN ISSUES. ONE, PUBLIC DEFENDERS OFFICE, AND TWO PRETRIAL SERVICES PROGRAM. THOSE WERE TWO THINGS THAT HAVE BEEN TALKED ABOUT PRETTY CONSISTENTLY OAIVE OVER THE LASR TO YEAR AND A HALF. DURING THAT TIMEFRAME, COMMISSIONER INGALSBE AND I STARTED TALKING WITH A GROUP.

STAY MADE THEIR FIRST PRESENTATION ABOUT A YEAR AGO NOW. HAVE BEEN DECIDING AND PROPOSING WAYS IN WHICH THEY COULD OFFER SERVICES IN HAYS COUNTY.

FOR ME THAT'S BEEN F INTRIGUINGO SEE WHAT THEY'VE DONE IN OTHER PARTS OF THE COUNTRY, THEIR PROFESSIONALISM AND MAINLY THEIR REPUTATION. IT'S BEEN A NATURAL PROCESS TO TRY TO LEARN FROM THEM AS THEY DISCUSSED SOME OF THE ISSUES THAT THEY FACED IN CREATING THESE TYPES OF OFFICES.

ONE THING THAT WE HAVE ALSO DECIDED TO FOCUS ON WERE MENTAL HEALTH ISSUES, ESPECIALLY SINCE THE PASSING OF THE SANDRA BLAND ACT AND THE TYPES OF SCREENING THAT ARE GOING ON FOR MENTAL HEALTH AT INTAKE. I BELIEVE WE'LL CONTINUE TO SEE GREATER AND GREATER FOCUS ON THIS ISSUE.

I THINK THAT IS DEFINITELY SOMETHING THAT ANYTHING WE DO NEEDS TO ADDRESS AND NEEDS TO HAVE SOME ROBUST SYSTEMS IN PLACE FOR. THAT'S ONE OF THE OTHER INTRIGUING THINGS ABOUT NEIGHBORHOOD DEFENDER SERVICE MODEL, HOW THEY DEAL WITH MENTAL HEALTH ISSUES AND HOW THEY CAN PROVIDE OTHER SUPPORTS. NOT JUST FOR PUBLIC DEFENDERS BUT ALSO PRIVATE ATTORNEYS THAT ARE OFFERING INDIGENT DEFENSE SERVICES. THAT'S BEEN SOMETHING THAT I'VE REALLY ENJOYED LEARNING ABOUT. I KNOW THERE IS SOME HESITATION FROM FOLKS OUT THERE AND WE'VE HEARD THAT AND ARE CONTINUING TO DISCUSS THOSE WITH PEOPLE AND TRY TO DEVELOP THAT CONSENSUS, WHICH I KNOW WE ALL WANT TO HAVE WHEN WE MAKE DECISIONS LIKE THIS. AND THEN BEFORE I TURN IT OVER TO COMMISSIONER INGALSBE. THE COUNTY CURRENTLY FUNDS THREE BOND OFFICERS THAT WORK OUT OF COMMUNITY SUPERVISION.

THROUGH OUR CRIMINAL JUSTICE COORDINATION MEETINGS WE HAD HAD A CONSENSUS THOSE TYPES OF SERVICES MAY BE ABLE TO BE BETTER PROVIDED FOR OUTSIDE OF ADULT PROBATION.

THERE WAS A SUBCOMMITTEE CHAIRED BY OUR DIRECTOR OF ADULT PROBATION, MIKE HARTMAN AND LISA PACHECO.

THEIR FINDINGS BELIEVED HAVING A STAND ALONE PROGRAM WOULD OFFER US MORE FLEXIBILITY AND THE ABILITY TO DO THINGS WHICH THEY ARE NOT CURRENTLY BECAUSE OF THE STRUCTURE WITHIN THE STATE'S SYSTEM. THAT IS ANOTHER THING WE'RE LOOKING TOWARDS. I BELIEVE BOTH THOSE ISSUES WE WOULD CONSIDER GRANT APPLICATIONS FOR THROUGH THE TDIC AND OTHERS TO TRY TO SEE THE BEST WAY TO FORM BOTH OF

THOSE OFFICES WITHIN THE COUNTY. >> COMMISSIONER?

>> THANK YOU, JUDGE. SO IT'S REALLY BEEN A VERY LONG TIME. I KNOW THIS IS SOMETHING THAT MANY ARE VERY INTERESTED IN. I'M SO HAPPY TO BE A PART OF THIS COMMISSION TO KIND OF SEE THIS THROUGH.

AGAIN, I KNOW IT'S TAKEN A LOT LONGER THAN REALLY ANY OF US HAD ANTICIPATED. YOU KNOW I THINK WE'RE AT A REALLY GOOD PLACE, ESPECIALLY WITH THE NEIGHBORHOOD DEFENDER SERVICE GROUP. SOME OF THE THINGS I REALLY LIKE IN THEIR APPROACH IS THIS HOLISTIC APPROACH.

I KNOW I'VE TALKED ABOUT THAT SEVERAL TIMES, JUDGE.

BUT IT'S NOT ONLY PROVIDING THE LEGAL REPRESENTATION TO INDIVIDUALS WHICH IS EXTREMELY IMPORTANT.

IT'S ALSO PROVIDING THE RESOURCES AND MAKING THE RESOURCES AVAILABLE TO INDIVIDUALS TO ENSURE THEY HAVE AN OPPORTUNITY -- THE GREATEST OPPORTUNITY TO SUCCEED.

THOSE SERVICES WOULD INCLUDE HOUSING OPPORTUNITIES AND JOB OPPORTUNITIES, HEALTH SERVICES, MENTAL AND SUBSTANCE ABUSE.

ALL OF THESE THINGS ARE NEEDED, THE REPRESENTATION IS EXTREMELY IMPORTANT BOUGH BUT A LOT OF TII THINK WE FORGET THESE INDIVIDUALS SUFFER FROM OTHER THINGS.

[00:45:02]

AND WE NEED TO PROVIDE THOSE SERVICES TO ENSURE THAT THEY -- THEY'RE ABLE TO SUCCEED. SO IT'S WITH GREAT PLEASURE THAT I -- WE'RE HERE PRESENTING THIS TODAY.

I LOOK FORWARD TO JUST CONTINUING TO MOVE THIS FORWARD.

THERE IS A TIMELINE, WE'RE GOING TO MEET THE TIMELINE, BUT I THINK IT'S TIME. THIS IS THE BEST OPPORTUNITY FOR US NOW WORKING WITH RICK JONES AND THE NEIGHBORHOOD DEFENDER SERVICE AND THEIR APPROACH. THE MANAGED ASSIGNED COUNSEL IS ALSO -- I'VE LEARNED SO MUCH WITH THAT OR THROUGH THAT BECAUSE I DIDN'T REALLY UNDERSTAND FULLY WHAT THAT ENTAILED. IT'S HAVING THEM HELP APPOINT CASES TO ATTORNEYS BASED ON THEIR EXPERTISE.

BUT IT ALSO PROVIDES THE TRAINING THAT THEY NEED, INVESTIGATORS, SOCIAL WORKERS, EXPERT AND STAFF SUPPORT.

SO I THINK THAT IS REALLY IMPORTANT TO HELP WITH THOSE RESOURCES THAT SO MANY OF THE ATTORNEYS NEED.

I'M REALLY HAPPY, JUDGE TO BE HERE AT THIS POINT AND SHARE THIS INFORMATION WITH THE COURT AND READY TO MOVE FORWARD.

>> SO I KNOW ONE OF OUR TIMELINE PIECES THAT WE'VE BEEN WATCHING IS A LETTER OF INTENT TO THE TEXAS INDIGENT DEFENSE COMMISSION. DOES THIS INCAPSULATE US SUPPORTING THAT LETTER TO THE TECOMMISSION?

>> I THINK THERE'S AN OPPORTUNITY TO SUBMIT THAT LETTER. I KNOW THAT WE WERE WAITING TO SPEAK WITH OUR JUDGES REGARDING THAT.

WEWE'VE HAD SOME OPPORTUNITY TO SPEAK WITH THEM.

WE WERE ON A ZOOM MEETING AND I GUESS TIME RAN OUT FOR THE FREE SUBSCRIPTION, UNFORTUNATELY. WE DIDN'T GET TO GET BACK ON.

BUT I BELIEVE THAT WE HAVE AN OPPORTUNITY TO SUBMIT THAT LETTER. I KNOW IT'S DUE AT THE END, I

GUESS -- >> END OF THIS MONTH.

>> YEAH, BUT I THINK THERE IS STILL AN OPPORTUNITY TO SUBMIT THAT LETTER. I'LL LET COMMISSIONER SHELL IF

THERE'S ANYTHING ELSE TO ADD >> THROUGHOUT THIS PROCESS WE'VE BEEN IN CONSTANT COMMUNICATION WITH THE TIDC, AS WELL AS NEIGHBORHOOD DEFENDER SERVICE. OBVIOUSLY WE WANT TO MAKE SURE THAT THEY UNDERSTAND THAT WE PLAN ON SUBMITTING APPLICATIONS TO TIDC. YOU KNOW, EXACTLY AT THIS TIME WHAT THAT LOOKS LIKE, THAT IS SOME OF THE FINE TUNING THAT NDS IS DOING RIGHT NOW. AFTER SOME FEEDBACK THEY RECEIVED, THEY'RE WORKING ON THAT NOW.

WE'RE WAITING TO GET THEIR FINAL PROPOSALS SO WE CAN THEN SHARE THAT WITH ALL OF THOSE INTERESTED PARTIES.

OBVIOUSLY INCLUDING THOSE THAT PRACTICE INDIGENT DEFENSE AND ALL OF OUR JUDGES. ONE OF THE IMPORTANT PARTS OF THE APPLICATION PROCESS IS TO GET SUPPORT FROM OUR LOCAL JUDGES. OBVIOUSLY THEY'RE THE ULTIMATE ONES THAT HAVE THE DECISION OF WHO DEFENDS THE -- WHO PROVIDES DEFENSE SERVICES IN THEIR COURTS.

WE WANT TO MAKE SURE THAT THEY'RE COMFORTABLE WITH THE TYPES OF PROGRAMS THAT WE'RE PROPOSING.

YOU KNOW, THE LETTER OF INTENT IS OPTIONAL.

TIDC KNOWS WE'RE DOING IT. IF THIS COURT WISHES TO SUPPORT, YOU KNOW, A LETTER OF INTENT, THAT'S ACCEPTABLE, TOO.

I THINK THAT WE WE'RE WELL WITHN THE TIMELINE.

I BELIEVE IT WAS MENTIONED MAY IS THE APPLICATION DEADLINE.

OBVIOUSLY TIDC IS GOING THROUGH A LEGISLATIVE SESSION RIGHT NOW, SO FINDING OPPORTUNITIES WILL BECOME MORE CLEAR AS WE REACH THE MAY POINT. WE'LL KNOW WHAT OPPORTUNITIES ARE THERE FOR US. I'VE BEEN PLEASED IN THE PARTICIPATION AND THE INTEREST OF THOSE AND THEIR FEEDBACK.

IF THEY HAVE CONCERNS, MAKING SURE WE'RE ABLE TO ADDRESS THOSE AND THAT'S WHAT NDS IS WORKING ON CURRENTLY

>> SO DO WE HAVE AN ACTION OR SOME DIRECTION THAT IS SPECIFIC ON THIS ITEM? I

>> I'D BE WILLING TO MAKE A MOTION TO HAVE THE COURT AUTHORIZE A LETTER OF INTENT TO THE TIDC REGARDING BOTH PUBLIC DEFENDER -- REGARDING PUBLIC DEFENDER OPPORTUNITIES PRETRIAL SERVICE PROGRAM OPPORTUNITIES, AND MANAGED ASSIGNED COUNSEL

>> I'LL HAPPILY SECOND IT >> ARE YOU ON ITEM 7?

>> 32. ARE THERE ADDITIONAL COMMENTS?

>> I JUST WANT TO THANK OUR COMMISSIONERS, I KNOW Y'ALL HAVE WORKED ON THIS FOR A LONG TIME AND IT'S BEEN A LOT OF HOURS YOU'VE PUT INTO THIS. THANK YOU FOR YOUR EFFORTS

>> THIS IS ONE STEP, IT GETS US IN THE PROCESS AND WE CAN START

[00:50:02]

FINE TUNING AND CONTINUE TO DRY TOTRYTO DEVELOP THAT PROCESS.

I KNOW WE HAVE PLENTY OF FOLKS WHO WANT TO PARTICIPATE AS WE

CONTINUE >> WONDERFUL, DR. CARDENAS WILL YOU PLEASE CALL THE ROLL?

>> JUDGING BY THE NOTES I HAVE AND HAVE BEEN GIVEN, I WAS ASKED TO PULL AGENDA ITEM 31. IT'S CUSTOMARY FOR ME TO ALLOW SOMEONE TO SPEAK IF THEY'VE SIGNED UP TO SPEAK ON AN AGENDA ITEM WE PULLED. SO WE DO HAVE SOMEONE TO SPEAK ON AGENDA ITEM 31. WEAVE I'LL STILL GIVE YOU THE SE

[31. Discussion and possible action to adopt Hays County Employee Personnel Policy revisions. INGALSBE/MILLER]

AND TIME. WOULD YOU LIKE IT? WOULD YOU PLEASE APPROACH THE PODIUM

>> THANK YOU, JUDGE, COURT. THE REASON I WANTED TO SPEAK ON THIS ITEM WAS AFTER LAST WEEK AND THE LAST TIME Y'ALL WERE DISCUSSING THAT COURT COORDINATOR, COURT ADMINISTRATOR POSITION FOR HONORABLE JUDGE THOMPSON.

AFAFTER WHAT I SAW, THE HR DIRECTOR AND WHAT SHE WAS SHARING WITH YOU ABOUT THE PRESELECTION OF EMPLOYEES AND THE CONCERNS ABOUT THE RIPPLES IT CAUSES, YOU KNOW, WHEN IT COMES TO PRESELECTION AND ALL THAT.

I DON'T KNOW IF YOU KNOW ABOUT THE 24 HOUR RULE.

LIKE WHEN YOU HIRE WITHIN, ACCORDING TO THE COUNTY, YOU HAVE A 24 HOUR RULE BECAUS YOU ALREADY MADE A SELECTION.

SO, YOU KNOW, WHEN YOU'RE AN HR DIRECTOR, YOU'RE SUPPOSED TO BE THERE FOR THE EMPLOYEES. THAT'S NOT HAPPENING HERE.

THIS HR DIRECTOR HAS REPEATEDLY COME UP HERE AND SHOWN HOW BIASED SHE IS. THAT ALONG WITH ALL THE HISTORY -- WITH THAT MUCH AUTHORITY TO BE THE ONE -- THAT'S WHERE ALL THESE LAWSUITS ARE COMING UP FROM, GUYS.

YOU KNOW, THERE'S LAWSUITS POPPING UP YOU OUGHT TO SEE THE WAY YOUR GENERAL COUNSEL IS HANDLING THOSE.

I.IT'S SHAMEFUL. WHAT'S HAPPENING AT THESE OFFICES -- I'M PRETTY SURE Y'ALL ARE AWARE OF THEM.

A LOT OF TIMES I'M TOLD THERE'S A BIG COVER UP, AND YOU CAN'T IDENTIFY WHO'S INVOLVED. THAT'S WHY, YOU KNOW, I DON'T HAVE ANY FAITH IN THIS HR DIRECTOR'S ABILITY TO PERFORM HER DUTIES LIKE THE JOB DESCRIPTION SAYS.

I'VE GOT PLENTY OF EVIDENCE, I'VE GOT PLENTY OF EVIDENCE TO SHOW Y'ALL IF ANY OF Y'ALL ARE INTERESTED.

THIS IS WHERE LAWSUITS ARE COMING FROM.

THESE WRONGFUL TERMINATIONS. I KNOW THAT YOU'RE AN AT WILL EMPLOYEE AND YOU COULD BE TERMINATED FOR NO REASON OR -- BUDGET CUTS, I KNOW HOW THEY SMOOTH THAT OUT.

I'VE BEEN IN THE BUSINESS QUITE A BIT, ABOUT 20 YEARS, SO I KNOW HOW THEY SMOOTH THEM OUT. TTHAT'S WHAT I WANTED TO SAY.

I DON'T HAVE ANY FAITH IN THE HR DIRECTOR BECAUSE EVERYTHING THAT WAS SHOWN UP HERE -- EVEN AFTER ITS IN STATUTE LIKE THE JUDGE WAS SAYING, THE LAW IS UP THERE FROM THE LEGISLATORS AT THE CAPITAL, THE LAW SAYS THIS IS WHAT YOU'LL HAVE.

FOR HER TO COME UP HERE AND REPEATEDLY MISREPRESENT THAT, IT'S UNACCEPTABLE. THANK YOU

>> THANK YOU, SIR. JUST SEEING THROUGH THE ROOM, WHAT AGENDA ITEM ARE YOU HERE FOR? 40? LET'S GO STRAIGHT TO 40 AND AFTER THAT WE'LL DO 30 AND 33. PLEASE OPEN AGENDA ITEM 30

[33. Discussion and possible action to amend the contract for the Swagit Proposal. Adding Agenda Quick software, allowing access to agenda and backup software, as well as automated parliamentary procedures and recording of votes and amend the budget accordingly. BECERRA/CARDENAS]

>> DISCUSSION OF POSSIBLE ACTION RELATED TO PROPOSED BILLS IN THE 87TH REGULAR SESSION OF THE TEXAS LEGISLATURE, TO CONSIDERATION OF A BILL PROPOSING TO CREATE AN ADDITIONAL DISTRICT COURT WITHIN HAYS COUNTY, AND TO CONSIDER ADOPTION OF RESOLUTIONS REGARDING PROPOSED BILLS.

THE COURT MAY OPT TO WITHDRAW TO EXECUTIVE SESSION TO CONSULT WITH LEGAL COUNSEL PURSUANT TO TEXAS GOVERNMENT CODE 551.071

>> SO MOVED >> SECOND

>> WE HAVE A MOTION AND A SECOND.

CUSTOMARY TO LET THE SPEAKER SPEAK FIRST.

[00:55:01]

WE HAVE SOMEONE SIGNED UP FOR AGENDA ITEM 40.

>> THANK YOU, JUDGE, COURT. ON THIS AGENDA ITEM I WANT TO SIT IN ON SOME OF THE TRIALS THAT ARE HAPPENING, THESE COURTS. I'M CONCERNED.

YOU LOOK AT THE NEWSPAPER ARTICLES THAT COME UP, WE EVEN HAVE ONE INVOLVING THAT SECRET INFORMANT, WHERE THAT INDIVIDUAL WAS DECEASED. YOU HAD A JUDGE UP THERE THAT YELLED OUT THIS WAS -- I DON'T REMEMBER THE EXACT QUOTE THEY PUT IN THE PAPER. STINKS LIKE TO HELL OR HIGH-WATER, SOMETHING ALONG THE LINES OF THAT.

I HEARD THE EARLIER DISCUSSION ABOUT THE PUBLIC DEFENDER OFFICE. YOU KNOW, I'VE ALWAYS TOLD CITY MANAGERS THAT I'VE DISCUSSED WITH COUNTY JUDGES, STATE REPS, U.S. CONGRESSMEN. WHEN YOU PUT IN AN INDIVIDUAL THAT'S TOXIC,THER POLICY IS NOTT GOING TO WORK.

I SUPERVISE EMPLOYEES RIGHT NOW AND IT'S A CHALLENGE.

I STAY NEUTRAL, I FOLLOW THE RULES.

WHEN I WAS A COP, RULES WERE THERE.

I FOLLOWED THEM, IT KEPT ME OUT OF TROUBLE.

YOU KNOW, I'M NOT PERFECT. I'M NOT SAYING IT, WE ALL MAKE MISTAKES. I HAVE WITNESSED THINGS IN THOSE COURTROOMS THAT HAVE FORCED ME TO SEEK ASSISTANCE FROM FEDERAL AGENCIES BECAUSE SOME OF THE THINGS THAT ARE HAPPENING THERE.

THEY'RE CONCERNING. THE DA'S OFFICE, THEY'RE -- WHAT THEY'RE DOING UP THERE, YOU KNOW, AND I HAVE ALWAYS THOUGHT OF JUDGES AS THE ONES THAT HAVE THE BACKBONE TO MAKE SURE THAT JUSTICE FOR THAT DEFENDANT -- A LOT OF TIMES I CAN TELL YOU, TOO, THAT'S BEEN COMPROMISED. IF AN OF YOU WANT DISCUSSION, I'M AVAILABLE, ALL YOU GOT TO DO IS REACH OUT TO ME.

I'VE KNOT A C GOT A COLLECTION I COULD SHARE WITH YOU.

THE QUESTION IS, ARE YOU GOING TO DO SOMETHING ABOUT IT? IF NOT, DON'T WASTE MY TIME. I GOT PEOPLE SITTING IN JAIL THAT ARE WAITING FOR THEIR DAY IN COURT.

I'M SO GLAD THE ACLU HAS BEEN CALLED AND I CAN'T WAIT FOR THEM AND THE OTHER AGENCIES TO GET INVOLVED.

>> THANK YOU, SIR. COMMISSIONER SMITH?

>> THANK YOU, JUDGE, I APPRECIATE IT.

I PLACED THIS AGENDA ITEM ON AT THE REQUEST OF THE STATE REPRESENTATIVE. THERTHERE'S A NUMBER OF BILLS SE HAS INTRODUCED AND IN THAT PROCESS HAS REQUESTED THE INPUT OF OUR COURT. SEVERAL OF THESE ARE ACTUALLY -- THERE'S A HANDFUL OF THESE WE'VE ACTUALLY DONE RESOLUTIONS OF SOME TYPE OF SUPPORT IN THE PAST.

BE THE SPONSOR, THE PREVIOUS MEMBER OF THE STATE HOUSE OR EVEN TWO PREVIOUS MEMBERS OF THE STATE HOUSE.

I THINK THOSE MIGHT BE EASIER TO DISCUSS AS WE START TO MOVE FORWARD. I KNOW VERY SPECIFICALLY WE DO ALSO WANT TO TALK ABOUT THE POSSIBLE ESTABLISHMENT OF AN ADDITIONAL DISTRICT COURT. I KNOW WE'VE GOT SPEAKERS HERE WHO HAVE EXPERTISE IN THAT AREA THAT WE WOULD PROBABLY WANT TO LISTEN TO. I ASK THAT WE OPEN UP FOR GENERAL DISCUSSION ANY AND ALL OF THE PIECES OF LEGISLATION THAT ARE IN THE BACKGROUND MATERIAL.

>> DO YOU HAVE ANYTHING YOU'D LIKE TO CONTRIBUTE ON TO THE ATTACHMENTS BEFORE I MOVE ON TO THE OTHER PART?

>> NO, I CAN TELL YOU THE ATTACHMENTS WERE PROVIDED BY REPRESENTATIVE SWINGER'S OFFICE. THERE ARE SEVERAL ON HERE AND IF WE WANT TO GO DOWN THE LIST FOR DISCUSSION REAL QUICK, THAT MIGHT BE THE BEST THING. THERE ARE SOME OF THESE WE HAVE IN THE PAST -- I DON'T KNOW -- LET ME JUST FIRST CLARIFY AND SAY THERE ARE SOME OF THESE THAT WE HAVE PASSED VERY DISTINCT RESOLUTIONS IN THE PAST IN SUPPORT OF.

I BELIEVE THAT SOME OF THIS LEDGEIISDRAFTED WITH OUR PREVIOS RESOLUTIONS IN MIND. ONE EXAMPLE WOULD BE THE BILL SPECIFICALLY PURSUANT TO THE AUTHORITY OF THE COMMISSIONERS

[01:00:02]

COURT TO REGULATE CERTAIN BILLBOARDS.

WE'VE ALWAYS BEEN SUPPORTIVE OF THAT.

SINCE WE'VE BEEN HERE WE'VE DISCUSSED IT EACH YEAR WE'VE SUPPORTED THAT. THAT ONE IS A FAIRLY INNOCUOUS ONE I BELIEVE FOR US TO SUPPORT. WHILE I DON'T HAVE A SPECIFIC RESOLUTION FOR THAT WHAT I'D LIKE TO DO AS WE GO THROUGH HERE, THIS IS SOMETHING WE WOULD LIKE TO SEE US COME BACK WITH A RESOLUTION ON EACH ONE OF THESE THAT WE WOULD SUPPORT WITHIN THE NEXT WEEK OR TWO. IF WE DON'T HAVE SOME CONSENSUS ON THEM OR IF THERE'S ADDITIONAL INFORMATION -- I CAN TELL YOU SOME OF THESE UNEQUIVOCALLY WE HAVE TO HAVE MORE INFORMATION ON. THERE'S JUST NO WAY THAT AT THIS POINT WE WOULD HAVE ANY ABILITY TO SUPPORT OR OPPOSE.

I THINK THAT WE NEED SOME ADDITIONAL STAFF INPUT AND SOME ADDITIONAL INPUT FROM OUR STWECOCONSTITUENCIES ON.

I WOULD LIKE TO LOOK AND SAY THIS IS SOMETHING WE'VE SUPPORTED FOR THE LAST THREE SESSIONS OR FOUR SESSIONS AND WE WANT TO COME BACK WITH A RESOLUTION OF SUPPORT IN THE NEXT WEEK OR TWO. I THINK THAT WOULD BE A WAY TO WORK THROUGH THESE IN A FAIRLY JUDICIOUS MANNER

>> SINCE MY OFFICE S THIS GOT BUNDLED INTO THIS ITEM, I'D LIKE TO CALL JUDGE HENRY TO THE PODIUM AND HE COULD SPEAK ON

THAT PART OF THIS PACKAGE. >> COMMISSIONERS, THANK YOU SO MUCH. I DO APPRECIATE WHAT THE COURT IS DOING ON CRIMINAL JUSTICE ISSUES.

IT'S IMPORTANT. IT'S LONG OVERDUE AND WE APPRECIATE YOUR WORK ON THAT. TODAY, CONCERNING THE DISTRICT COURT, I BELIEVE THAT YOU HAVE A VERY STARK AND SIMPLE DECISION TO MAKE CONCERNING THE RIGHTS OF OUR CITIZENS IN THIS COMMUNITY.

JUST AS THE OTHER SPEAKERS HAVE TALKED ABOUT.

BECAUSE THERE ARE SOME JUDICIAL RESOURCE ISSUES AND BECAUSE OF OUR EXPLODING POPULATION, OUR CASE LOAD HAS EXPANDED GREATLY.

YOU KNOW THAT. THEN KIVE COVID HIT AND WE GOT FURTHER BEHIND WITH NO JURY TRIALS.

YOU KNOW THAT WE HAVE 511 PEOPLE IN JAIL TODAY.

THE VAST MAJORITY OF THOSE INDIVIDUALS ARE WAITING ON TRIALS IN DISTRICT COURT. IT'S IMPORTANT TO KNOW.

IT COSTS SOMEWHERE BETWEEN $6,000 AND $10,000 PER DAY FOR OUR CITIZENS TO HOUSE THESE PEOPLE.

OUR PEOPLE NEED BETTER ACCESS TO THEIR COURTS.

THE OFFICE OF COURT ADMINISTRATION, A STATE-WIDE NONPARTISAN AGENCY, HAS DONE A COMPLETE STUDY ON THIS.

THE STUDY SAYS THAT WE NEED ANOTHER DISTRICT COURT TO THE EXTENT OF MORE THAN TWICE OUR SURROUNDING COUNTIES.

THAT'S TODAY, THAT IS RIGHT NOW, THAT IS A NONPARTISAN AGENCY THAT'S SAYING THAT. THEY'RE THE ONES WHO ARE ABLE TO CALCULATE THE DIFFERENCE OF THESE RESOLVING JUDGES BETWEEN MULTIPLE COUNTIES. THEY NEED A RESOLUTION FROM YOU.

WE'RE ALREADY IN THE OMNIBUS BILL T THAT GIVES US ANOTHER COURT. OUR GET PULLED OUT OF THE BILL AND WE'RE DEAD IN THE WATER. BECAUSE IT'S AN OMNIBUS BILL, THE TIMING IS UNKNOWN. I THINK THE DECISION NEEDS TO BE MADE TODAY. NOW, YOU'VE BEEN LOBBIED AGAINST THIS BY SEVERAL PEOPLE. I THINK THAT'S PRETTY OBVIOUS.

FIRST OF ALL YOU SHOULD ASK YOURSELF WHY ARE PEOPLE OUTSIDE OF HAYS COUNTY LOBBYING AGAINST A DISTRICT COURT FOR IN HAYS COUNTY. SOME OF THE ARGUMENTS HAVE BEEN -- HAVE BORDERED ON THE ABSURD.

IF THEY'RE SAYING THINGS LIKE WAIT UNTIL A PARTICULAR JUDGE RETIRES, OR T IF THOSE THINGS AE BEING SAID, THIS COURT SHOULD DISCOUNT THEM. THERE'S BEEN AN ISSUE RAISED CONCERNING EXPENSE. THE EXPENSE IS A DROP IN THE BUCKET COMPARED TO WHAT WE SPEND ON JAIL POPULATION.

DAY IN AND DAY OUT. YOU CAN CALCULATE TODAY THE TWO HOURS WE'VE BEEN HERE. WE'VE SPENT, WHAT? $500? AND THAT IS SOMETHING THAT NEEDS TO BE TAKEN CARE OF TODAY. THE -- I THINK THE MOST INTERTWINED ISSUE IS THE ISSUE OF DELAY AND PROCESS.

[01:05:07]

THERE'S SOME BIG CONCERNS ABOUT LET'S JUST WAIT FOR TWO YEARS BECAUSE THIS HASN'T PROPERLY BEEN RAISED.

IT'S JUST KIND OF A NEW ISSUE. THE PROCESS HAS BEEN FOLLOWED.

THE PROCESS IS THE OFFICE OF COURT ADMINISTRATION, A STATE WIDE AGENCY DOING THIS. THAT IS THEIR BASI PROCESS.

THE DELAY OF TWO YEARS IS GOING TO COST US ABOUT $4.2 MILLION.

THERE ARE THOSE WHO WANT TO WAIT FOR TWO YEARS AND IT'S GOING TO COST US MONEY TO DO THAT. THAT'S GREAT IF YOU'RE A TAXPAYER IN ANOTHER COUNTY, BUT IF YOU'RE A TAXPAYER IN THIS COUNTY, WE OUGHT TO BE WORKING AS HARD AS POSSIBLE TO SAVE OUR PEOPLE MONEY. IN ADDITION TO THAT, THERE'S BEEN A CONCERN ABOUT WELL, WE DON'T HAVE DAYS -- WE HAVEN'T HAD TIME TO DO THIS. THE INDIVIDUALS WHO ARE AGAINST US HAVE HAD DAYS TO LOBBY YOU AGAINST THIS PROCESS.

IT'S NOT SOMETHING THAT IS COMING UP.

SOMETHING THAT I THINK MAY BE ONE OR TWO OF YOU DON'T KNOW, WE HAVE BEEN MEETING ON THESE INDIVIDUALS, THESE ISSUES SINCE JANUARY OF 2011. I GOT ON THE BENCH IN 2006, KIND OF WAITED A TER TERM TO MAKE SUI HAD AN UNDERSTANDING OF WHERE WE WERE. WE STARTED MEETING IN JANUARY 2011, NEEDING MORE COURTS, NEEDING MORE RESOURCES.

AND THE RESPONSE FRMENT PEOPLE E WHO ARE LOBBYING AGAINST THIS HAS ALREADY BEEN THE SAME, LET'S WAYWAITE TWO YEARS, FOUR YEARS.

WAIT TWO YEARS. WHEN OUR CITIZENS ASK FOR SOMETHING, THEN THERE IS -- YOU KNOW, THERE'S THIS BIG PROCESS.

MY POINT IS THAT THIS PROCESS HAS ALREADY BEEN COMPLETED.

THE IDEA IS THAT YOU DO HAVE A STARK DECISION TO MAKE.

A DECISION BETWEEN THE NEEDS OF OUR CITIZENS AND THE NEEDS OF PEOPLE FROM OUTSIDE OF THIS COMMUNITY.

I ASK YOU, IMPLORE YOU TO MAKE THE RIGHT DECISION.

QUESTIONS? >> I LOVE IT.

JUDGE HENRY, I THANK YOU SO MUCH FOR YOUR DEDICATION TO THE RESIDENTS OF HAYS COUNTY AND FOR YOUR CONTINUED SUPPORT OF THE PEOPLE'S WORK. I WILL SAY WITH MUCH ENTHUSIASM FROM ONE DEMOCRAT JUDGE TO A REPUBLICAN JUDGE, I'M HAPPY TO SEE THE GREATER GOOD AND CARE FOR OUR RESIDENTS, INNOCENT UNTIL PROVEN GUILTY, AND HAVE THEIR DUE PROCESS, LET THEM HAVE THEIR DAY IN COURT. I THINK ALL OF THOSE THINGS ARE SO SPOT ON AS US AS TEXANS, US AS AMERICANS.

IT IS ABSOLUTELY REFRESHING TO HEAR YOU.

I AM JUST SO GRATEFUL TO HEAR IT.

I OPEN IT UP TO COMMISSIONER INGALSBE TO ASK YOU ANY

QUESTIONS FOR CLARIFICATION >> JUDGE THANK YOU.

JUARE YOU REFERRING TO THE JAIL- >> I'M REFERRING TO THE JAIL.

THAT IS OUT OF COUNTY, AS YOU KNOW.

DAY BY DAY BASIS. THE $6,700 A DAY TIMES 730.

IT'S INTERESTING TO NOTE THAT WHEN YOU SAY A TWO YEAR DELAY FROM THE LEGISLATOR, YOU'RE NOT TALKING ABOUT TWO YEARS.

YOU'RE TALKING ABOUT TWO YEARS TO THE LEGISLATOR, THEN YOU'RE TALKING ABOUT THIS PROCESS AGAIN HAVING TO JUMP THROUGH THESE HOOPS. THEN AN APPOINTMENT PROCESS AND GETTING THE COURT UP AND RUNNING, WHICH IS IN FACT MORE LIKELY A THREE YEAR PROCESS WHEN IT'S ALL SAID AND DONE.

WE WENT THROUGH THAT WITH THE 455TH JUDICIAL DESCRIGHT AND

>> YOU ALSO MENTIONED Y'ALL HAVE BEEN MEETING SINCE 2011 ON THIS ISSUE. IS THAT -- WHO ARE YOU REFERRING TO? IS THAT --

>> I'M REFERRING TO -- WE'VE HAD MEETINGS WITH JUST ABOUT EVERYBODY, WITH THE DISTRICT JUDGES AND WITH VARIOUS GROUPS

OF COMMISSIONERS OVER THE YEARS. >> OKAY.

>> AND THE RESPONSE FROM OUTSIDE THE COUNTY HAS ALWAYS BEEN DELAY, DELAY, DELAY. AND THAT DOES NOT HELP OUR

CITIZENS. >> OKAY.

I JUST WANT A CLARIFICATION >> THANK YOU, MA'AM.

YOU'RE GOOD ON YOUR QUESTIONS? COMMISSIONER SHELL, ANY

QUESTIONS FOR JUDGE HENRY? >> I DO.

JUST TO CLARIFY, JUDGE, I WAS APPROACHED -- I THINK THE REASON THIS WAS ROLLED IN, I KNOW WE ALL RECEIVED THE SAME E-MAIL AT LEAST WITH THAT RESOLUTION ON IT.

I WANT TODAY MAKE SURE IT WAS TS THERE.

[01:10:03]

I HAD CONVERSATIONS WITH THE REPRESENTATIVE LAST WEEK.

I KNOW I'VE HEARD FROM OUR LOCAL BAR AND I KNOW THAT WHILE INDIVIDUALLY IN THEIR WORDS, THEY DON'T FEEL LIKE THEY'VE HAD TIME TO POLL THEIR MEMBERSHIP, I HAVE HEARD A TREMENDOUS AMOUNT OF SUPPORT FROM INDIVIDUAL ATTORNEYS.

I WOULD TELL YOU THAT I HAVE NOT HEARD -- I HAVE NOT HEARD FROM ONE INDIVIDUAL SAYING THIS IS A BAD IDEA.

I SAY THAT UNEQUIVOCALLY. THE ONE THING I'VE HEARD THAT I SINCERELY WOULD HOPE, IF WE MOVE FORWARD AND LOOKING AT THE RESOLUTION THAT WE HAD RECEIVED, I WOULD WANT TO ENSURE THAT THIS IS A SOLELY UNEQUIVOCALLY A HAYS COUNTY BASED POSITION

>> HAYS COUNTY ONLY >> ABSOLUTELY

>> I SAY THAT SPECIFICALLY BECAUSE SOME OF THE NUMBERS THAT I'VE SEEN, YOU'VE SHARED WITH ME -- SORRY, YOU DIDN'T SHARE THEM WITH ME BUT WERE SHARED WITH ME FROM THE BAR AND OTHER PLACES, THEY'RE INTERESTING TO SAY THE LEAST.

I MEAN, I THINK THAT WE ALL UNDERSTAND THAT THERE'S A NEED THERE AND I THINK EVERY COUNTY IN THE STATE WOULD BE REMISS IF THEY DID NOT WANT AN ADDITIONAL JUDGE COMING OUT OF COVID WITH THE BACKLOG THAT WE KNOW IS GOING TO EXIST.

WE'VE TALKED VERY DIRECTLY ABOUT HOW THIS IS GOING TO -- IF WE WERE TO HAVE ANOTHER COURT UP AND RUNNING SPECIFIC TO THIS.

HOW IT MIGHT BE HELPFUL ON THE CRIMINAL SIDE.

I HAVE A REAL CONCERN, PERSONALLY, OVER -- A REAL CONCERN OVER THE CIVIL SIDE. WE SPENT A LOT OF TIME IN OUR COURT, IN THIS COURT, DISCUSSING THE FACT THAT HEY, WE HAVE TOO MANY PEOPLE IN JAIL HERE. AND WE HAVE TO PROCESS THOSE CRIMINAL CASES AS SOON AS POSSIBLE.

I WOULD AGREE WITH THAT. I ALSO HAVE A LOT OF CITIZENS OUT THERE WHO WANT THEIR DAY IN COURT.

I THINK THAT OUR OVERALL DOCKET, CORRECT ME IF I'M WRONG, JUDGE, YOU WOULD KNOW THIS, BUT IT'S ABOUT ONE THIRD CRIMINAL, TWO

THIRDS CIVIL >> THAT'S HOW THE NUMBERS SHAKE OUT. GENERALLY SPEAKING THE LABOR REQUIRED IS REVERSED, ABOUT TWO THIRDS CRIMINAL, ONE THIRD CIVIL. BUT OUR CASE FILINGS ARE THE OPPOSITE, ONE THIRD CRIMINAL, TWO THIRDS CIVIL.

LAST YEAR WE WERE -- THE NUMBER OF CASES THAT WERE FILED ACCORDING TO OCA WERE 5,494, WHICH ALMOST DOUBLES ANY OTHER SURROSURROUNDING COUNTY, INCLUDG GUADULOUPE

>> RIGHT. THAT'S ONE OF THE CONCERNS I HAVE. I MEAN, IF WE WERE TO SUPPORT THIS, THIS WOULD BE THE THIRD HAYS ONLY DISTRICT COURT WE WOULD HAVE. I FOR ONE, KNOWING WITH ALL THE NEW RESIDENTS WE HAVE, THAT CIVIL CASE LOAD IS GROWING ASTRONOMICALLY. IT'S ONLY GOING TO GROW ASTRONOMICALLY FOR THE FORESEEABLE FUTURE.

AND I TELL YOU, I WOULD BE SUPPORTIVE OF A RESOLUTION OF SUPPORT SPECIFICALLY FOR A HAYS ONLY SEAT.

THANK YOU, COMMISSIONER. WHAT I'M GOING TO DO TO KEEP THIS THING IN AN ORDERLY FASHION, WE'LL PULL THESE ONE AT A TIME SO I'LL JUST SUMMARIZE IT THIS WAY.

I MOVE WE SUPPORT THIS RESOLUTION FOR THE CREATION OF A DISTRICT COURT. AND TO FORWARD IT TO MAKE IT ALONG WITH THE OMNIBUS EFFORT THAT'S A STATE-WIDE CONVERSATION

AND WE'LL HIT THEM ONE AT A TIME >> IS SUSURE, I WOULD SECOND THT

>> I HAVE A FEW ADDITIONAL COMMENTS.

I HAVE HEARD FROM A LOT OF FOLKS ABOUT THE CIVIL ISSUE.

I'M NOT UNDERSTANDING WHAT THE SOLUTION TO THAT IS.

IS THAT A REQUEST TO MAKE THIS JUDGE BE CIVIL ONLY? I KNOW THAT DOES OCCUR. CREATED OR AT LEAST WITH A PREFERENCE FOR THAT. I HAVEN'T HEARD THE EXPLANATION OF THAT ISSUE. OBVIOUSLY IF IT'S CIVIL ONLY, THEN ANYTHING WE JUST TALKED ABOUT CRIMINAL IS -- YOU CAN FORGET ABOUT THAT. IF WE'RE RECOGNIZING THAT ADDING IN A DISTRICT JUDGE WILL ALLOW US TO GET THROUGH THESE CASES FASTER AND POTENTIALLY REDUCE OUR JAIL POPULATION IF IT WAS CIVIL ONLY, THEN THAT OBVIOUSLY WOULD NOT BE IN PLAY

>> HAYS ONLY IS THE REQUEST IS MY UNDERSTANDING

>> HAYS ONLY. >> DESIGNATION NEEDS TO BE MADE AT THIS TIME REGARDING THAT, IS THAT CORRECT?

>> IT'S THE HAYS SPECIFIC -- I FEEL BAD ABOUT SAYING HAYS ONLY.

HAYS SPECIFIC MIGHT SOUND A LITTLE MORE POLITE

>> THE ONE THING I WOULD SAY IN WORKING WITH THE LEGISLATURE OVER THE LAST COUPLE YEARS, I KNOW THERE IS A PUSH RIGHT NOW

[01:15:04]

TO HAVE INCREASED FUNDING RELATIVE TO VISITING JUDGES AND THOSE KIND OF THINGS TO HELP WITH THIS ADDITIONAL CASE LOAD.

I KNOW THAT THAT RIGHT NOW IS IN THE SAME BILL WE'RE TALKING ABOUT. THERE'S INCREASED FUNDING TO TRY TO ADDRESS SOME OF THOSE ISSUES. I WOULD LIKE TO GIVE THE FLEXIBILITY TO OUR DISTRICT COURTS HERE TO TRY TO ADDRESS THAT. IF WE DO SAY CIVIL ONLY, THEN I DON'T KNOW IF WE ARE ABLE TO -- IT'S A GAMBLE, IT'S THE STATE LEGISLATURE. BUT IF WE ARE ABLE TO ACCESS SOME OF THOSE ADDITIONAL FUNDS FOR VISITING JUDGES ON OUR COURT, I'D LIKE TO GIVE THESE GUYS THE FLEXIBILITY TO TRY TO ADDRESS WHATEVER OUR CURRENT NEEDS ARE WHENEVER THOSE FUNDS COME IN IN THE BEST POSSIBLE MANNER.

I THINK DESIGNATING IT WOULD NOT ALLOW US TO DO THAT.

IS IS THAT A FAIR STATEMENT? >> THAT'S A FAIR STATEMENT

>> THAT DESIGNATION IS NOT NECESSARILY AT THIS TIME, COMMISSIONER SHELL AND WE'VE HAD DISTRICT JUDGE HENRY CONFIRM.

SO ALTHOUGH IT'S A VERY VALID QUESTION, I DON'T THINK IT NEEDS TO BE ADDRESSED AT THIS MOMENT. IS THAT AN ACCURATE SUPPORT?

OKAY, DR. DOCTOR -- >> I HAVE A FEW COMMENTS.

THERE ARE COSTS ASSOCIATED WITH RUNNING COURTS.

YOU KNOW, IF YOU -- ESPECIALLY IF IT'S WHAT I WOULD CALL A DISTRICT COURT STRUCTURED THE WAY WE DO NOW, ESPECIALLY THE WAY THAT THOSE COURTS ARE STAFFED.

BOTH BY CLERKS, DISTRICT ATTORNEY AND CLERK STAFF.

I'M GUESSING IT'S PROBABLY AT LEAST $500,000 IN STAFF.

WE'RE TALKING -- I IMAGINE A COURT REPORTER AND A BAILIFF, FULL TIME HAYS COUNTY JUDGE WOULD REQUIRE THOSE BEING IN HAYS COUNTY ALL THE TIME. A DISTRICT ATTORNEY WOULD WANT TO STRUCTURE THE DISTRICT ATTORNEYS THAT OPERATE IN THE DISTRICT COURTS THE SAME WAY FOR A NEW COURT AS HE DOES THE EXISTING COURTS. I KNOW THAT WOULD REQUIRE ADDITIONAL ATTORNEYS AND LIKELY POTENTIALLY AN INVESTIGATOR AND MAYBE SOME ADMIN STAFF. I WANT EVERYBODY TO UNDERSTAND IT'S NOT -- THE DISTRICT JUDGE IS PROVIDED BY THE STATE, THERE ARE ASSOCIATED COSTS WE NEED TO PLAN FOR.

T >> THE STATE IS GOING TO FUND THE JUDGES NO MATTER WATT WE DO THERE.

THE QUESTION IS DOES THE MONEY STAY IN HAYS TO HELP OTHER EXPENSES OR DOES IT GO ACROSS THE STATE?

>> I'M JUST -- WE TALKED ABOUT A LOT OF CRIMINAL JUSTICE ISSUES EARLIER, ALL WHICH COST MONEY. I WANT TO MAKE SURE WHEN THIS ALL COMES DOWN TO BUDGET TIME THAT WE'RE PREPARED TO FUND EVERYTHING THAT WE'RE TALKING ABOUT AND NOT WRITING CHECKS THAT WE CAN'T CASH. THAT'S ONE OF MY CONCERNS, IS THAT WE MAKE SURE WE PLAN FOR THAT ACCORDINGLY.

THE LAST TIME WE GOT A COURT, WHICH WAS 2018, WE GOT A COUNTY COURT AND A DISTRICT COURT. WE HAD THOSE COURTS START ONE YEAR AFTER THE LEGISLATIVE SESSION.

THAT PROVIDED US WITH THE OPPORTUNITY TO GET OUR BUDGET PLANNING DONE. THAT'S ANOTHER QUESTION, IS THAT SOMETHING THAT'S BEING CONTEMPLATED THIS TIME AROUND OR NOT? SO THAT'S SOMETHING I DON'T

KNOW. >> FOR THE NEW DISTRICT COURT, THE 455TH, WE HAD TO ADD A COURT REPORTER BY STATUTE.

ALL THE COURT COORDINATORS ARE HIRED BY AN ADMINISTRATING PRESIDING JUDGE. THERE WAS NOT A NEW COURT COORDINATOR HIRED. WE DID HIRE A RECEPTIONIST UP FRONT AND THAT PERSON DOES SOME COURT COORDINATION PROCESS.

SO I THINK YOU'RE TALKING ABOUT A COURT REPORTER AND MAYBE SOME

SUPPORT STAFF. >> AND A BAILIFF.

>> WE DIDN'T HIRE A NEW BAILIFF FOR THE 455TH

>> DO YOU THINK WE WOULDN'T NEED A NEW BAILIFF IF WE HAD A NEW

JUDGE? >> IF WE'RE RUNNING THE WAY WE NEED TO RUN WITH ALL OF OUR COURTS RUNNING FULL TIME, THEN PROBABLY. IF WE'RE RUNNING WHERE WE'RE LESS THAN PERFECT IN OUR EFFICIENCY, THEN PROBABLY NOT.

>> I'M LOOKING AT OBVIOUSLY IF WE'RE ADDING A JUDGE THEN WE'RE WANTING OPTIMUM EFFICIENCY. WE WOULDN'T WANT TO ADD A JUDGE AND SAY JUDGE SO AND SO DOESN'T WORK BECAUSE THERE'S ANOTHER JUDGE. WE WANT TO ENSURE WE'RE GETTING MAXIMUM CAPACITY. I THINK COMMISSIONER SMITH MENTIONED I BELIEVE THE STATE AND OUR REGION ARE WORKING ON FUNDING FOR VISITING JUDGES COMING OUT OF COVID TO TRY TO GET SOME CASES THROUGH. OBVIOUSLY THERE WILL BE COSTS ASSOCIATED WITH THAT, TOO. WE WOULD HAVE TO HAVE BAILIFFS IN COURTROOMS, EVEN THOUGH THE STATE PROVIDES THOSE JUDGES, WE WOULD HAVE TO HAVE COURT REPORTERS.

WE HAVE TO HAVE SPACE. IF WE DO HAVE EVERY JUDGE HERE

[01:20:02]

AT OPTIMUM EFFICIENCY AND WE HAVE VISITING JUDGES TRYING TO GET THROUGH COVID, IT'S GOING TO NEED TO BE DETAILED SCHEDULING G AND PLANNING TO MAKE SURE THAT WE CAN HANDLE EVERYTHING THAT WE'RE DOING. AGAIN, IT'S JUST QUESTIONS I'M COMING UP WITH AS I'M THINKING BOUT --

>> I THINK EVERY COURT IN THE STATE IS GOING TO BE FACING THAT ONCE WE'RE BACK IN THE COURTROOM ON A FULLTIME BASIS IN PERSON.

I THINK IT'S GOING TO BE A LABOR INTENSIVE PROCESS IN EVERY COUNTY IN THE STATE. THE MORE PEOPLE WE CAN HAVE WORKING ON THAT THE MORE EFFICIENT WE CAN BE, WHICH TRANSLATES TO W BOTTOM LINE DOLLARS IN JAIL SAVINGS AND BOTTOM LINE PROTECTION FOR OUR CITIZENS.

>> YOU KNOW, THE OTHER THING, TOO -- I HAVEN'T HEARD ANYTHING SAY THE STATE GAVE US A STRICT JUDGE, OBVIOUSLY WE'D TAKE IT.

THAT'S BEEN A CONSISTENT THEME OF THIS.

I THINK EVERYBODY RECOGNIZES HELP IS GOOD.

WE HAVE HAD OTHER DISCUSSIONS AND I KNOW SOME OF THIS WAS SURROUNDING I THINK THE OCA MIGHT HAVE TAKEN A LOOK AT THIS.

IF WAS HOW THOSE DISTRICTS ARE STRUCTURED AS CURRENTLY WITH JUDGES REPRE REPRESENTING -- FOS MANY AS 3 COUNTIES, SOME OF THEM DIFFERENT OF THOSE COUNTIES. WOULD THAT BE SOMETHING THAT WOULD ALSO IMPROVE OPERATION OF THE DISTRICT COURTS, NOT JUST IN HAYS COUNTY, BUT POTENTIALLY CALDWELL, GUADULOUPE COUNTIES, SINCE WE'RE RELATED WITH OUR JUDGES.

I KNOW THAT'S NOT SOMETHING WE'VE SEEN EXACTLY HOW THAT WILL WORK AND I KNOW IT'S GOING TO TAKE A CONSENSUS AMONGST ALL THESE COUNTIES TO ENSURE WHEN IT'S ALL SAID AND DONE WE BELIEVE WE HAVE WHAT WE NEED. IN OTHER WORDS, IF WE HAVE THREE VISITING JUDGES THAT EQUAL ONE JUDGE, LET'S SAY THAT'S THE CALCULATION AND WE HAVE TWO HAYS COUNTY JUDGES, THAT MEANS WE HAVE THREE JUDGES. YOU WOULDN'T WANT TO SEE A SITUATION WHERE WE GET A JUDGE, AND NOW THEY SAY THOSE THREE JUDGES WE'LL DIVIDE THOSE UP AND YOU'RE BACK DOWN TO THREE JUDGES AGAIN. IF THAT'S SOMETHING WHERE WE GO, WE NEED TO BE CAUTIOUS AND MAKE SURE OUR INTERESTS ARE WELL-VOICED DURING THAT PROCESS AND THAT WE'RE WORKING WITH OUR PARTNERS TO MAKE SURE THAT THERE IS AN EQUITABLE WAY IF THAT IS REDISTRICTED. IT'S JUST ANOTHER PIECE OF LOITS

ALLOF THIS WE NEED TO CONSIDER >> I HAVE ONE --

>> YES, MA'AM >> AND SO I THINK I -- THE DISCUSSION WE JUST HAD, IT WAS MENTIONED WE HAD A DELAYED START, I GUESS WITH THE LAST DISTRICT COURT THAT WAS DEVELOPED. AND SO IS THAT A POSSIBILITY IF WE FEEL THAT WE'RE IN A FINANCIAL SITUATION TO WHERE WE NEEDED AN ADDITIONAL YEAR TO GET THAT UP AND RUNNING? I KNOW THAT WE'VE BEEN VERY EXTENSIVE ABOUT RAISING TAXES OR TAX RATES. IF IT CAME TO THAT SITUATION -- I KNOW WE DON'T HAVE TO MAKE THAT DESIGNATION NOW I DON'T BELIEVE -- BUT WOULD THERE BE AN OPPORTUNITY IF THAT HAD TO HAPPEN? I'M NOT ADVOCATING PR THAT AT FT ALL I'M JUST ASKING IS THAT SOMETHING WE TAKE A LOOK AT DURING OUR BUDGET PROCESS OR WHEN DOES THAT --

>> THAT'S EXACTLY WHAT WOULD HAPPEN DOING OUR PROCESS, AM I

RIGHT, JUDGE HENRY? >> I THINK THE DELAY TRANSLATES TO MORE JAIL COSTS AND LESS ACCESSIBILITY TO OUR CITIZENS.

I THINK THE ISSUES ARE SO IMPORTANT WITH COVID AND WHERE WE ARE NOW THAT THE SOONER WE START, THE BETTER.

WE DID FIND IN CREATING THE 455TH AND GETTING THAT UP AND RUNNING THAT IS A LONG PROCESS. IT'S LONGER THAN ANY ONE ANTICIPATES, EVEN WITH JUDGES WORKING DILIGENTLY AND JUDGES DOING WHAT THEY'RE SUPPOSED TO DO.

IT TAKES A LONG TIME TO GET UP AND RUNNING.

ALL THAT DELAY TRANSLATES TO DOLLARS FOR OUR CITIZENS

>> AND LIVES IMPACTED >> I APPRECIATE THAT.

I JUST WANTED CLARIFICATION >> WITH THE NUMBER OF DISTRICT JUDGES TO HELP REDUCE S SOME OF THOSE, WOULD DISTRICT JUDGES BE

ABLE TO SHARE EMPLOYEES? >> YES, AND WE SHARE EMPLOYEES NOW. I MEAN, ESSENTIALLY.

WE HAVE A SYSTEM WHERE BY STATUTE THE PRESIDING JUDGE, QUOTE UNQUOTE, SUPERVISES THE EMPLOYMENT OF THE OFFICERS, THE EMPLOYEES. THAT'S UNDER THE GOVERNMENT CODE. AS A PRACTICAL MATTER, YOU USUALLY GET THREE VOTES FOR JUST ABOUT ANY EMPLOYEE THAT THERE'S A CONSENSUS ON. AND SO THERE IS, IN FACT,

[01:25:07]

PRACTICALLY A SHARING OF EMPLOYEES ON AN HOUR TO HOUR

BASIS >> DO YOU THINK THERE WOULD BE WILLINGNESS FROM OTHER JUDGES TO LOOK CREATIVELY TO REDUCE THE

BUDGET? >> THAT'S WHAT HAPPENED WITH THE 455TH. WE WE TOOK SOMEONE WHO WAS QUALIFIED AND MOVED THEM TO A POSITION WHERE THEY COULD DO A NUMBER OF THINGS. WE TRY TO MINIMIZE THE IMPACT OF

THAT >> JUDGE, BEFORE WE VOTE I DIDN'T KNOW IF THE DISTRICT CLERK WANTED TO MAKE ANY COMMENTS. I DON'T KNOW IF SHE --

>> LET'S FIND OUT. DO WE HAVE ANY QUESTIONS OR

COMMENTS FOR JUDGE HENRY? >> I DON'T THINK SO.

I DO APPRECIATE YOUR TIME AND YOUR COMMENT

>> THANK YOU VERY MUCH. I'M VERY EXCITED ABOUT THIS EFFORT FOR THE STATE TO SUPPORT ANOTHER JUDGE IN HAYS COUNTY.

I'M GRATEFUL FOR THE OPPORTUNITY.

MS. CRUMLEY, DID YOU WANT TO CONTRIBUTE TO THE CONVERSATION? IF YOU'RE GOING TO GO ON, YOU NEED TO APPROACH THE PODIUM.

IT'S NOTHING OR SOMETHING. THANK YOU, SIR

>> BEVERLY CRUMLEY, I WANTED TO ADD, I DON'T HAVE ANYTHING TO SAY ON THIS ITEM. BUT I AM THE ONE THAT CASES STATISTICS FOR THE COURT ACTIVITY THAT IS SUBMITTED TO OCA. IF ANYONE HAD ANY QUESTIONS ABOUT THAT I CAN ANSWER THAT. I DON'T HAVE ANYTHING ELSE TO

SAY >> I'D RATHER HAVE THAT SAID AT THE PODIUM. DR. C CARDENAS --

>> I PROMISE YOU I'M ALMOST DONE.

I DO THINK WHEN MAKING THESE TYPES OF DECISION IT WOULD BE GOOD TO HAVE, YOU KNOW, OUR DISTRICT ATTORNEY, OTHER JUDGES, COURT ADMINISTRATION, OFFICIALS AS WELL TO PROVIDE INPUT TO ANSWER SOME OF THESE TYPES OF QUESTIONS.

I THINK THAT WOULD BE GOOD. I THINK I CAN BE SUPPORTIVE AT THIS TIME WITH THE DELAYED START.

I MAY NOT BE ABLE TO OTHERWISE THIS COURT WILL OBVIOUSLY DECIDE AS A MAJORITY WHAT WE WANT TO ASK FOR AND FOLLOW THAT PROCESS ALONG. OBVIOUSLY IF THERE IS A JUDGE PUT IN LEGISLATION FOR HAYS COUNTY, IF WE DON'T SAY WHEN THAT WILL BE CREATED, IT WILL BE AT THE DECISION OF THE LEGISLATURE. I THINK THEY WOULD TAKE OUR RECOMMENDATIONS INTO ACCOUNT. IF IT IS CREATED, YOU KNOW, UPON THE BILL PASSING AND BEING SIGNED BY THE GOVERNOR, THEN IT'S CREATED AT THAT POINT. THAT WOULD HAPPEN RIGHT AT OW OUR BUDGET TIME, IF NOT -- DEPENDING ON HOW THIS SESSION GOES, IF THAT WERE TO TAKE EFFECT, WE WOULD HAVE THAT TIME TO PLAN FOR THAT. AGAIN, I WOULD PREFER TO HAVE MORE TIME TO PLAN, IF THAT'S WHAT WE DECIDE IS BEST.

LOST I'M GOING TO SPEND SOME TIME TALKING WITH OUR CRIMINAL JUSTICE PROFESSIONALS IN THE COUNTY IN THE MEANTIME% REGARDLESS OF WHAT THIS COURT DECIDES TODAY ON THAT ISSUE.

JUST TO MAKE SURE WE'RE AS PREPARED AS POSSIBLE AND UNDERSTAND EXACTLY WHAT'S GOING TO HAPPEN.

>> I THINK COMMISSIONER SMITH WANTS TO HAVE ONE MORE COMMENTS

>> TO THE POINT THAT MY COLLEAGUE MADE, IT MAKES SENSE.

WE WEREN'T HERE THE LAST TIM%-รบ. TO THE POINT THAT COMMISSIONER INGALSBE MADE, I WOULD MUCH RATHER -- THE SESSION WILL END AT THE END OF MAY. WE'LL KNOW WHETHER OR NOT WE WERE SUCCESSFUL AT THAT POINT. BUT HAVING ESTABLISHMENT IN JUNE, SHOULD IT BE UPON SIGNATURE -- WHAT'S THE LAST DAY THE GOVERNOR CAN SIGN? MIDJUNE, SOMEWHERE IN THAT NEIGHBORHOOD. US NOT HAVING THE ABILITY TO GO THROUGH OUR BUDGETARY PROCESS, IF WE DELAYED IT EVEN A CERTAIN NUMBER OF MONTHS TO WHERE WE WERE DONE WITH OUR BUDGET PROCESS WE COULD TRY TO IDENTIFY THOSE FUNDS.

I'M NOT EVEN SAYING A YEAR. IT MIGHT BE HELPFUL IN THIS PROCESS. I WOULD BE SUPPORTIVE OF THAT.

>> WHAT IS IT THAT WE'RE ACTUALLY VOTING ON?

>> TO SUPPORT A RESOLUTION GOING FORWARD FOR THE --

>> IS THERE A RESOLUTION OR IS IT JUST A RESOLUTION --

>> THERE'S A RESOLUTION THAT WAS SUBMITTED TO OUR GENERAL COUNSEL. DO YOU HAVE IT VISIBLE,

MR. KENNEDY? >> THERE WAS A DRAFT RESOLUTION THAT WAS INCOMPLETE THAT WAS SUBMITTED TO OUR OFFICE ON FRIDAY. WE DID NOT FEEL IT WAS SUFFICIENTLY DETAILED. IT'S SOMETHING THAT COULD BE DEVELOPED IF THE COURT WOULD LIKE TO DEVELOP IT

>> WE HAVE THE TIME TO BRING THIS BACK WITH THE GENERAL -- WITH THE STATEMENT THAT WE'RE SUPPORTIVE.

WE CAN BRING BACK A RESOLUTION THIS COMING WEEK THAT OUTLINES THE DECISION WE JUST HAD, IS THAT NOT CORRECT?

>> AND THE RESOLUTION NEEDS TO BE SUBMITTED BY WEDNESDAY.

I THINK WE JUST NEED TO SUPPORT THE RESOLUTION OR NOT IS I THINK

[01:30:04]

WHAT THE VOTE IS. THE IDEA OF FUNDING SUPPORT FOR ANOTHER DISTRICT GRUJUDGE FOR HAYS COUNTY.

WE HAVE TO MAKE INTELLIGENT FISCAL DECISIONS AND I THINK WE'RE ALL ON RECORD FOR BEING GOOD FISCAL STEWARDS.

I ALSO HAVE THE WEEKLY BILL FROM THE SHERIFF'S OFFICE AS I SEE.

I SEE $50,000 A WEEK AND OUR INMATES OUTSOURCING.

THIS IS A MOTION TO SUPPORT THE STATE ON THIS OMNIBUS RESOLUTION, AND IT'S VERY ENTRY LEVEL.

>> LET ME DO THIS. AS THE SECOND TO YOUR MOTION, JUDGE, WHY DON'T WE DO THIS. WHY DON'T WE LEAVE THIS ITEM OPEN AND WE CAN RUN THROUGH THE REST OF THEM.

I KNOW WE'RE GOING TO HAVE AN EXECUTIVE SESSION.

WE CAN GIVE SOME TIME TO THE GENERAL COUNSELOR TO PERFECT THE RESOLUTION. BEFORE WE LEAVE, WE CAN VOTE ON PASSAGE OF IT BEFORE WE LEAVE TODAY.

IS THAT A FAIR -- THAT WAY WE'LL GET THE RESOLUTION TODAY

>> WE NEED TO KNOW WHAT WE'RE VOTING ON

>> WE'LL HAVE THE PAPER IN FRONT OF US

>> THAT MICROPHONE.OKAY. AND DR. CARDENAS, WE'RE GOING TO GO BACK TO THE AGENDA ITEM IN A LITTLE BIT.

COULD YOU OPEN GENAGENDA 30 AND? >> DISCUSS THE ACTION TO

[Items 30 & 33]

AUTHORIZE THE COUNTY CLERK TO REGRADE THE ADMINISTRATIVE ASSISASSISTANT II TO A BOOKKEEP, EFFECTIVE APRIL 1, 2021 UTILIZING AVAILABLE SALARY SAVINGS.

33, DISCUSSION OF POSSIBLE ACTION TO AMEND THE CONTRACT FOR THE SWAGIT PROPOSAL, ADDING AGENDA QUICK SOFTWARE ALLOWING ACCESS TO AGENDA AND BACKUP SOFTWARE AS WELL AS AUTOMATED PARLIAMENTARY PROCEDURES AND RECORDING OF VOTES AND AMEND THE BUDGET ACCORDINGLY. IS.

>> LET'S FOLLOW THE FLOW. >> MOTION.

>> WE HAVE A MOTION. >> SECOND.

>> AND A SECOND. NOW, DR. CARDENAS, THANK YOU.

I JUST LIKE TO HAVE A CONSISTENCY IN LAIPOUT.

>> I APPRECIATE THAT. THIS IS PRETTY STRAIGHTFORWARD.

WE HAVE TWO POSITIONS IN THE COUNTY CLERK'S OFFICE THAT RELATE TO BOOKKEEPING. ONE IS A BOOKKEEPER WHO HAS BEEN HANDLING ALL THE BOOKKEEPING IN THE OFFICE FOR MANY YEARS.

AND THE OTHER IS AN ADMINISTRATIVE ASSISTANT WHOM YOU APPROVED A FEW YEARS AGO, A COUPLE YEARS AGO.

THAT POSITION TO PROVIDE ASSISTANCE TO THE BOOKKEEPER, BECAUSE THE WORKLOAD HAS BEEN INCREASING SO MUCH WITH THE GROWTH OF THE COUNTY. SO WE'VE BEEN THINKING, AS WE CONTINUE TO GROW AND MILLIONS AND MILLIONS AND MILLIONS OF DOLLARS ARE PASSING THROUGH OUR OFFICE, THAT WE WILL IN THE NEAR FUTURE NEED TO HAVE TWO BOOKKEEPERS, ONE FOR OUR COURTS DIVISION AND ONE FOR OUR RECORDS DIVISION.

SO WE'RE DEFINITELY MOVING IN THAT DIRECTION AND ARE GOING TO NEED TO DO THAT TO KEEP PACE WITH THE GROWTH AND DEMANDS ON THE OFFICE. BUT IT TURNS OUT THAT WE HAVE AN OPPORTUNITY NOW, BECAUSE OUR BOOKKEEPER RETIRED IN DECEMBER.

AND THE PERSON WHO IS FILLING THE ADMINISTRATIVE ASSISTANT JOB TRANSFERRED TO ANOTHER JOB IN THE OFFICE.

BOTH POSITIONS ARE CURRENTLY VACANT.

I THINK THE MOST EFFICIENT COST EFFECTIVE WAY TO ADDRESS THIS IS SIMPLY TO UPGRADE THE POSITION OF THE ADMINISTRATIVE ASSISTANT TO A BOOKKEEPER THAT WE CAN DO AT MINIMUM COST WITH SALARY SAVINGS IN OUR OFFICE THIS YEAR. AND THAT WOULD ALLOW US TO HAVE THE TWO BOOKKEEPERS, ONE FOR EACH DIVISION.

WE WOULD DO AWAY WITH THE ADMINISTRATIVE ASSISTANT, AND THOSE DUTIES WOULD BE PICKED UP BY THE NEW BOOKKEEPERS.

WO.WE THINK IT'S A FAR BETTER STRATEGY.

>> COMMISSIONS, QUESTIONS? >> IT'S PRETTY STRAIGHTFORWARD.

THANKS. >> HR IS GOING OVER THIS?

>> YES, I THINK -- SHARES SUPPORT?

>> GOOD MORNING, COURT, HR DIRECTOR.

SO WHAT DR. CARDENAS IS ASKING FOR IS TO CHANGE AN EXISTING POSITION THAT HAS BEEN SUPPORTING THE BOOKKEEPING FUNCTION IN HER OFFICE AND TO CHANGE THAT POSITION TO A BOOKKEEPER. IT'S ONE GREAT HIRE.

AND INTUITIVELY THE DEPARTMENT KNOWS ORGANIZATIONALLY THE POSITIONS AND TYPES OF FUNCTIONS THAT ARE NEEDED, SO THIS IS JUST ESTABLISHMENT OF A SECOND BOOKKEEPER, NO DIFFERENT THAN THE ONE THAT ALREADY EXISTS THERE AND IN A FEW OTHER

[01:35:02]

DEPARTMENTS. >> THANK YOU.

>> THANK YOU. >> COMMISSIONERS?

>> I'M GOOD. >> I JUST HAD TWO QUESTIONS.

I KNOW SINCE WE -- SINCE THE ELECTION OF THE JUDGE AND I, HOW MANY NEW POSITIONS HAS YOUR OFFICE ADDED?

SINCE YOU CAME ON BOARD. >> THAT'S A GOOD QUESTION.

FOUR, FIVE. >> FOUR OR FIVE NEW POSITIONS?

>> INCLUDING THIS ADMINISTRATIVE ASSISTANT.

>> AND SO I GUESS THE LOADED QUESTION IS -- I KNOW THIS IS GOING TO HAVE A SALARY IMPACT COME BUDGET TIME.

BUT ARE YOU GOING TO BE ASKING FOR ANY NEW POSITIONS IN THE

BUDGET CYCLE? >> YOU KNOW, THAT'S A GOOD QUESTION. I DON'T KNOW.

I'M NOT CURRENTLY ANTICIPATING IT, BUT WE ARE EXPECT PGING TO E SLAMMED BY THE CHANGES IN THE COURTS WHEN THEY START UP AGAIN.

THAT'S THE ONLY PLACE I BROUGHT THAT UP LAST YEAR AND YOU MAY REMEMBER WE ASKED FOR TWO PEOPLE LAST YEAR TO DEAL WITH THAT.

AND WE DO HAVE SOMEBODY STARTING SOON IN THAT ROLE, BUT I DON'T KNOW THAT WILL BE SUFFICIENT OR NOT.

I DON'T CURRENTLY HAVE PLANS THOUGH.

>> I JUST KNOW GIVEN THE LAST CONVERSATION WE HAD IT WOULD ENTAIL ADDITIONAL PURS NEL AS PS WELL.

I WANT TO MAKE SURE WE'RE COGNIZANT.

>> NO, I'M NOT -- I'M ACTUALLY TRYING TO SAVE MONEY HERE.

I THINK YOU KNOW THAT WE GENERATE QUITE A BIT OF MONEY IN OUR OFFICE FOR THE COUNTY. BUT WE ALSO HAVE TREMENDOUS AMOUNTS OF MONEY PASSING THROUGH.

AND THAT'S INCREASING, I THINK YOU YOURSELF SAID, COMMISSIONER SMITH THAT IT'S GOING TO DOUBLE THIS COMING YEAR.

I'VE HAD GREAT CONCERNS ABOUT LOADING UP ONE PERSON WITH ALL OF THAT RESPONSIBILITY AND HAD ORIGINALLY THOUGHT ABOUT TRYING TO UPGRADE THE POSITION OF THE BOOKKEEPER TO AN ACCOUNTANT.

BUT I REALLY DO BELIEVE IT'S CRITICAL TO HAVE SOMEBODY REALLY WELL SKILLED AND ABLE TO HANDLE THE BURDEN AND THE GROWTH.

I THINK THIS WILL HELP ADDRESS THAT AT MUCH LESS EXPENSE.

BECAUSE WE CAN DIVIDE IT UP AND GIVE THEM MORE TIME AND SUPPORT.

>> THANK YOU FOR THAT INFORMATION.

>> THANK YOU, COMMISSIONER. ALTHOUGH WE OPEN BOTH ITEMS I'D LIKE TO VOTE ON THEM INDEPENDENTLY.

WILL YOU PLEASE CALL THE ROLL ON NUMBER 30.

KNOW THAT THIS WAS THE LAST WEEK AGENDA ITEM AND TO UPDATE THE VIEWING PUBLIC, COMMISSIONER SHELL WAS HOPING TO GET A PRESENTATION. I JUST WANTED TO ASK IF HE DID

>> YES, HE DID AND I DON'T KNOW IF THAT'S RAISED ANY ADDITIONAL QUESTIONS OR ANYTHING YOU'D LIKE TO ADD

>> I THOUGHT IT WENT VERY WELL. IT SEEMS LIKE SOMETHING JUST FROM MY EXPERIENCE OF BEING INVOLVED WITH THE AGENDA IN THE PAST. I KNOW MS. JONES' EXPERIENCE NOW, I THINK IT COULD DEFINITELY BE SOMETHING WE COULD MAKE WORK.

I THINK IT WILL TAKE A WHILE TO GET EVERYBODY UP TE UP TO SPEED.

IT WILL BE A DEVELOPMENT PROCESS AND MAKING SURE WE IDENTIFY ADMINISTRATION OF THE DIFFERENT FUNCTIONS SO WE DON'T GET FOLKS

MAKING CHANGES AFTER THE FACT >> ABSOLUTELY.

>> SO I THINK -- I'M SUPPORTIVE OF THE PROGRAM.

>> THANK YOU, COMMISSIONER. THIS WAS A REPEAT FROM THE LAST AGENDA ITEM. I THINK COMMISSIONER SMITH WANTS

TO CONTRIBUTE MORE. >> AS WE LOOK AT NEW TECHNOLOGY LIKE THIS IN THE FUTURE, IT WOULD BE REALLY BENEFICIAL.

I KNOW WE HAVE AN IT DEPARTMENT HEAD BUT AT A CERTAIN POINT WE PROBABLY NEED TO ADDRESS THAT MORE AS A CIO, MORE OF A CHIEF INFORMATION OFFICER TYPE POSITION.

AND THAT BEING THE CASE, AS WE LOOK AT THIS NEW TECHNOLOGY, HAVING THAT IT DEPARTMENT DO AN EVALUATION TO GIVE US, WHICH WOULD BE OUTSIDE THOSE AGENCIES MIGHT BE A WAY FOR US TO REALLY TRY TO EVALUATE THAT IN THE FUTURE.

OTHERWISE, I FEAR -- I KNOW THIS IS THE BEST TECHNOLOGY YOU'VE FOUND FOR WHAT YOU'RE DOING. BUT WE KNOW WE'RE GOING TO USE IT IN OTHER AGENCIES OR OTHER PARTS OF THE COUNTY.

HAVING THEM DO AN INDEPENDENT EVALUATION MIGHT BE THE WAY TO

GO ABOUT IT. >> IT'S A REALLY GOOD IDEA MYSELF. I WILL REMIND EVERYBODY WHEN WE INITIALLY LOOKED AT ALL OF THIS, WE SOUGHT BIDS AND RECEIVED THEM FROM SEVERAL DIFFERENTEPTTIES. . IT'S NOT THE SAME THING YOU'RE SUGGESTING, I REALIZE. THEY DID LOOK AT IT.

ONE OF THE THINGS THAT WAS INTERESTING TO US WAS EVERYONE BUT THE INCUMBENT WHEN THEY RESPONDED TO THE RFP, EVERY ONE OF THEM NAMED THIS PARTICULAR PRODUCT.

WE DID LOOK AT OTHERS. ANYWAY.

I THINK IT WILL WORK WELL. >> THANK YOU, DR. CARDENAS, WILL

YOU PLEASE CALL THE ROLL? >> COMMISSIONER INGALSBE,

[01:40:05]

COMMISSIONER SHELL, COMMISSIONER JONES, COMMISSIONER SMITH JUDGE

[35. Discussion and possible action to accept the Fiscal Year 2020 Hays County Comprehensive Annual Financial Report as audited by ABIP, PC Certified Public Accountants. BECERRA/VILLARREAL-ALONZO]

BECERRA. >> WILL YOU OPEN 35.

>> DISCUSSION OF POSSIBLE ACTION TO ACCEPT THE FISCAL YEAR 2020 HAYS COUNTY COMPREHENSIVE ANNUAL FINANCIAL SERVICES -- FINANCIAL REPORT AS AUDITED BY ABIP, PC CERTIFIED PUBLIC ACCOUNTANTS.

>> SO MOVED. >> SECOND.

>> MOTION AND A SECOND. AND NOW MARISOL YOU HAVE THE

MIC. >> HELLO COMMISSIONERS AND JUDGE. WE HAVE OUR EXTERNAL AUDITOR WITH THE CPA FIRM HERE TO HELP US GO OVER THE FINANCIAL STAILTS

STAILTSTATEMENTS. >> GOOD MORNING, IF YOU'LL PLEASE STATE YOUR NAME AND TITLE FOR THE VIEWING PUBLIC.

>> SURE. GOOD MORNING, COMMISSIONERS COURT, COUNTY JUDGE. MY NAME IS JEREMY BA ARBOTO.

JANET PITTMAN IS THE ENGAGEMENT PARTNER, SHE COULDN'T BE HERE TODAY BUT SHE SENT ME IN HER PLACE.

I DID OVERSEE THE AUDIT. I HAD A STAFF OF THREE OR FOUR PEOPLE AT TIMES GOING THROUGH THE RECORDS AND THE FINANCIAL INFORMATION TO STAND BEFORE YOU HERE TODAY.

THE COMPREHENSIVE ANNUAL FINANCIAL REPORT IS PREPARED BY THE COUNTY AUDITOR'S OFFICE. AS REPRESENTATIVE OF HAYS COUNTY, IT IS JUST THAT COMPREHENSIVE.

IT'S A 300 PAGE DOCUMENT. TF INCIT INCLUDES A LOT OF SCHES AND FINANCIAL AND STATISTICAL INFORMATION REGARDING THE COUNTY'S DEMOGRAPHICS, ECONOMICS AND STATISTICAL INFORMATION.

AT THE BEGINNING OF THAT DOCUMENT, WHICH I DON'T BELIEVE YOU ALL HAVE IN FRONT OF YOU RIGHT NOW IS THE CERTIFICATE OF ACHIEVEMENT OF EXCELLENCE IN FINANCIAL REPORTING FOR THE FISCAL YEAR 2019. I BELIEVE Y'ALL GOT AWARDED THIS A COUPLE MONTHS AGO. BUT IT'S JUST A TIP OF THE CAP SAYING THAT THE BOUND DOCUMENT FOR FISCAL YEAR 2019 RECEIVED THIS CERTIFICATE FROM GOVERNMENT FINANCE OFFICER ASSOCIATION.

IT'S A HIGH REGARDED CERTIFICATE FOR EXCELLENCE IN FINANCIAL REPORTING, A TIP OF THE CAP FOR MANAGEMENT FOR PULLING THAT TOGETHER. THE FINANCIAL EXERP EXERP E EXCE IN FRONT OF YOU, WE CAN ASSURE YOU THEY'RE GOING TO BE CLEAN OPINIONSCH JUS. JUST TO SUMMARIZE OUR AUDIT OPINION OCUMENTS, WE DO AUDIT THE FINANCIAL STATEMENTS OF THE GOVERNMENTAL ACTIVITIES, MAJOR FUNDS AND AGGREGATE FUNDING INFORMATION FOR THE FISCAL YEAR END SEPTEMBER 30TH, 2020, FOR HAYS COUNTY, TEXAS. OUR AUDITS WERE PERFORMED IN ACCORDANCE WITH THREE STANDARDS. THE GENERALLY ACCEPTED AUDITING STANDARDS, THE GOVERNMENT AUDITING STANDARDS ISSUED BY THE STATE COMPTROLLER OF THE UNITED STATES AND THE OFFICE OF MANAGEMENT BUDGET. WE HAVE THREE OPINION LETTERS REGARDING THESE OPINIONS. THE FIRST IS OVER THE GENERAL FINANCIAL STATEMENTS AND THESE DOCUMENTS THAT YOU HAVE IN FRONT OF YOU TODAY, WE HAVE TIED DOWN ALL THESE BALANCES AND WE HAVE AUDITED THESE BALANCES. WE'RE CONFIDENT TO SAY THAT YOU WILL RECEIVE AN UNMODIFIED OPINION.

IT'S THE HIGHEST OPINION YOU CAN GET FROM AN INDEPENDENT AUDITING FIRM. IT BASICALLY MEANS THERE'S NO MODIFYING STATEMENTS AND IT'S IN COMPLIANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES OF THE UNITED STATES.

THE SECOND OPINION IS THE GOVERNMENT AUDITING STANDARD OPINION. AND IT'S OVER THE INTERNAL CONTROL OF FINANCIAL REPORTING IN RELATION TO GRANTS, LAWS AND REGULATIONS THAT THE COUNTY ADHERES TO.

THAT'S A MODIFIED OPINION, A CLEAN OPINION.

THE LAST OPINION WE PROVIDE OVER THE THE COMPREHENSIVE FINANCIAL REPORT IS OVER THE UNIFORM GUIDANCE.

Y'ALL RECEIVE A NUMBER OF FEDERAL AWARDS THAT WE HAVE TO PERFORM A SINGLE AUDIT, PROGRAMMING AUDIT OVER THOSE SPECIFIC PROGRAMS AND THE COMPLIANCE REQUIREMENTS THAT COME WITH THOSE DOLLARS. THE TWO PROGRAMS THAT WERE SELECTED THIS YEAR WERE THE CORONAVIRUS RELIEF FUND, FROM THE CARES ACT, AND THE -- YOUR TXDOT HIGHWAY PLANNING AND CONSTRUCTION GRANTS FOR THE PASS THROUGH BONDS.

AGAIN, THE FEDERAL PROGRAMS RECEIVED AN UNMODIFIED OPINION.

WE HAD NO FINDINGS OR SIGNIFICANT DEFICIENCIES.

QUICKLY TO GO OVER THE FINANCIAL HIGHLIGHTS OF THE COUNTY, THE FIRST PAGE HERE ON PAGE 13 IS YOUR STATEMENT OF NET POSITION, IT'S KIND OF ALL YOUR FUNDS COMBINED.

AND THEN RECORDED IN A FULL PRESENTATION, SIMILAR TO THE PRIVATE PRACTICE OR THE FOR PROFIT WORLD.

[01:45:03]

THTHIS IS A REQUIRED STATEMENT. AND IF YOU LOOK AT THE BOTTOM YOU'RE TOLD THAT POSITION WAS 6 HAD $64 MILLION.

WE INCREASED THAT BY $11 MILLION.

THERE IS A DEFICIENCY. AND THAT CAME OUT TO ABOUT $57 MILLION THAT YOU HAD TO REPORT ON THE BOOKS RELATED TO A GOVERNMENT AUDITING -- I'M SORRY.

GOVERNMENTAL ACCOUNTING STANDARD BOARD, NUMBER 75 AND 68 WE HAD TO IMPLEMENT A FEW YEARS BACK. ON THE NEXT PAGE ON PAGE 14 AND 15 IS YOUR INCOME STATEMENT. JUST QUICKLY GO OVER THE CHANGE IN THAT POSITION THERE ON PAGE 15 WITH $8 MILLION.

YOU CAN SEE THAT JUST NORTH OF THAT, A NUMBER OF YOUR REVENUES COMES FROM SALES TAX. ABOUT 6% OF ALL COUNTY FUNDS COME FROM PUBLIC TAX DOLLARS. WE DID HAVE A RESTATEMENT OF BEGINNING NET POSITION OF $3.2 MILLION.

AND THAT WAS RELATED TO INTERNAL SERVICE FUND REVENUE THAT WASN'T RECOGNIZED IN THE PRIOR YEARS. BUT WE K GOT THAT RESTATED AND WE'RE GOING TO IMPLEMENT A PROCESS TO CORRECT THAT GOING FORWARD. ON PAGE 16, THIS IS MORE THE BALANCE SHEET OF THE HAYS COUNTY, TEXAS.

THIS IS WHAT Y'ALL ARE MORE INCLINED TO SEE.

YOU HAVE THE GENERAL FUND, HOW YOU OPERATE THE GENERAL AND COUNTY FUNDS. I'LL FOCUS MAINLY ON THE GENERAL FUND HERE, THE FIRST COLUMN. YOU HAD AT SEPTEMBER 30TH, 2020, YOU HAD $58.4 MILLION IN CASH AND CASH EQUIVALENCE.

THAT'S ROUGHLY 82% OF YOUR TOTAL ASSETS OF $71.6 MILLION.

THE DIFFERENCE THERE IS A LOT OF RECEIVABLES THAT YOU'RE WAITING FOR GRANT MONEY TO COME IN. SO IT'S VERY HIGH LIQUID, Y'ALL HAVE A LOT OF CASH ON HAND AND IT GOES THROUGH YOUR FISCAL MANAGEMENT. TOTAL FUND BALANCE WAS $55 MILLION. THAT'S AN INCREASE OF $6.6 MILLION IN THE GENERAL FUND FROM LAST YEAR.

OF THAT $55 MILLION, $50 MILLION IS UNRESTRICTED FOR ONGOING COUNTY OPERATIONS. IT'S NOT TIED UP IN RESTRICTED OR NON-SPENDABLE FUND BALANCE. THAT EQUATES TO ROUGHLY SIX AND A HALF MONTHS OF OPERATING RESERVES.

GOA RECOMMEND ANYWHERE FROM THREE TO SIX MONTHS FOR LOCAL GOVERNMENTS TO HAVE IN THEIR RESERVES.

YOU'RE JUST NORTH OF THAT. YOU'RE AT A HEALTHY STATE OF FUND BALANCE. CONTINUING ON TO PAGE 19 IS THE INCOME STATEMENT OR THE STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE FOR YOUR GOVERNMENTAL FUNDS. I'LL MAINLY FOCUS ON THE GENERAL FUND, THE MAIN OPERATING FUND FOR THE COUNTY.

TOTAL TAX REVENUE IS ABOUT 84% OF THE GENERAL FUNDS REVENUES OF $100 MILLION. THE MAIN OPERATING EXPENDITURES WERE RELATED TO LAW ENFORCEMENT AND CORRECTIONS AND IT'S PRETTY CONSISTENT WITH YEARS PAST. IT'S ROUGHLY 50% TO 60% OF THE TOTAL OPERATING EXPENDITURES THAT RESIDES IN THOSE DEPARTMENTS. THAT SAID, WE STILL TURNED AN INCREASE OF $6.6 MILLION IN THE GENERAL FUND.

ENDING FUND BALANCE TO $55.4 MILLION AT THE END OF THE YEAR. THE REST OF THE STAPLED DOCUMENT IS THE BUDGET TO ACTUAL SCHEDULES AND THE NONMAJOR SPECIAL REVENUE AND CAPITAL PROJECTS FUNDS THAT I WASN'T GOING TO GO OVER IN DETAIL HERE TODAY.

BUT IF THERE'S ANY QUESTIONS RELATED TO THE FIRST BOUND DOCUMENT, I'LL FIELD THOSE RIGHT NOW.

OR THE AUDIT PROCESS ITSELF. >> COMMISSIONER INGALSBE?

>> JUDGE, NO, IT'S PRETTY STRAIGHTFORWARD.

I APPRECIATE PUTTING THE $6.6 MILLION OVER LAST YEAR INTO

OUR RESERVES. >> THAT'S VERY GOOD, THAT'S RIGHT. I HEARD THAT 6 1/2 MONTHS OF RESERVES, WHICH IS WONDERFUL. THAT'S WELL DONE.

COMMISSIONER? >> JUST ONE QUESTION.

I DON'T KNOW IF YOU COULD PROVIDE AN ANSWER OR NOT.

WHEN YOU MENTIONED THE UNRESTRICTED LIABILITIES THAT -- YOU MENTIONED REGARDING LIKE RETIREMENT AND BENEFITS POST EMPLOYMENT. DO YOU HAVE ANY -- IS THERE ANY OPINION OF IS THAT NORMAL FOR A COUNTY OF OUR SIZE? DOES THAT LOOK LOW, DOES THAT LOOK HIGH? IS THERE ANY INPUT ANYONE WOULD HAVE?

[01:50:03]

>> JUST A LITTLE HISTORY. I'VE BEEN AUDITING FOR TEN YEARS, AND THIS ROLLED OUT I THINK SIX OR FIVE YEARS AGO.

75 ROLLED OUT TWO YEARS AFTER THAT.

WHEN 68 ROLLED OUT, WHICH IS ON YOUR NET PENSION LIABILITY FOR ALL THE EMPLOYEES OF THE COUNTY, WHEN THAT ROLLED OUT THE FUND BALANCE TOOK A MAJOR HIT BECAUSE GOVERNMENTS WERE NOW REQUIRED TO RECORD THIS LIABILITY THAT'S DETERMINED BY THE STATE WHO HOLDS THE PLAN IN YOUR NAME. BUT IT WAS ACTUALLY DETERMINED TO PUT THIS LIABILITY ON THE BOOKS FOR THE COUNTY.

WHEN YOU PUT A LIABILITY ON THE BOOKS, IT TAKES AWAY FROM THE HEALTH OF THE COUNTY, OR ANY GOVERNMENT.

AND SO THIS SEVERELY IMPACTED ALL GOVERNMENTS TEXAS WIDE, NATIONWIDE. IT'S SOMETHING ALL GOVERNMENTS HAVE TO ADHERE TO. WHEN 75 ROLLED OUT WITH OTHER POST EMPLOYMENT, IT OPENED UP A WHOLE OTHER SLEW OF LIABILITY, WHICH IS TYPICALLY LARGER THAN YOUR NET PENSION LIABILITY.

JUST TO GIVE YOU YOUR NUMBERS, YOUR NET PENSION LIABILITY ON YOUR ACTIVE AND RETIREE FORCE FOR THE PENSION OBLIGATION IS $19 MILLION. YOUR OTHER POST EMPLOYMENT BENEFIT WHICH IS YOUR RETIREE HEALTHCARE IS $36 MILLION.

AND THAT'S DETERMINED BASED ON QUALITATIVE DATA PROVIDED -- PERSONNEL DATA PROVIDED BY THE TREASURER'S --

>> AGES, YEARS OF SERVICE --

>> WOULDN'T YOU HAVE SEEN THAT IN OTHER COUNTIES OR MUNICIPALITIES, IS THAT IN LINE WITH OTHERS OF OUR SIZE?

DO YOU BELIEVE? >> YES.

EVERY GOVERNMENT HAS TAKEN A HHIT, THE SCHOOLS BEING THE WORT

JUST BECAUSE OF THE SIZE. >> MORE EMPLOYEES, THE MORE

LIABILITY. >> RIGHT.

>> I'M GLAD YOU CLARIFIED THAT, BECAUSE THAT'S WHAT THE REASON FOR THE LIABILITY IS. THANK YOU.

>> THANK YOU. >> COMMISSIONER SMITH?

>> I'M GOOD. >> THANK YOU VERY MUCH.

WE ARE VERY HAPPY TO HEAR THAT SO FAR, SO GOOD ON THAT FRONT.

>> ONE MORE LITTLE DOCUMENT. THIS IS OUR REQUIRED COMMUNICATION WITH COMMISSIONERS COURT AND THE HONORABLE COUNTY JUDGE HERE. IT'S ON OUR LETTERHEAD, IT'S A TWO PAGE DOCUMENT, FRONT BACK. THIS IS OUR REQUIRED COMMUNICATION WITH YOU, THE GOVERNING BODY OVER HAYS COUNTY.

BASICALLY ENGAGES WHAT WE WERE ENGAGED TO DO.

COVERS WHAT WE WERE ENGAGED TO DO, AND THAT'S AUDIT THE FINANCIAL STATEMENTS FOR HAYS COUNTY FOR THE FISCAL YEAR 2020.

WE ARE HAPPY TO REPORT NO NEW ACCOUNTING POLICIES WERE ADOPTED BY THE COUNTY DURING THE CURRENT YEAR.

THERE ARE A NUMBER OF ACCOUNTING ESTIMATES AND WE LIST THEM HERE FOR YOU RELATED TO THESE FINANCIAL NUMBERS.

SOME OF THOSE BEING THE 68 AND 75 NET PENSION LIABILITY THAT ARE DETERMINED. YOU HAVE ALLOWANCE ON YOUR TAX RECEIVABLES. WE HAVE EVALUATED THOSE AND THEY'RE CONSISTENT WITH YEARS PAST, SO WE'RE CONFIDENT IN THE NUMBERS PRESENTED IN THE FINANCIAL STATEMENTS RELATED TO THESE ESTIMATES. THERE'S SOME DISCLOSURES WE'D LIKE TO POINT OUT THAT ARE JUST A HIGHLIGHT AND THAT'S ON THE RESTATEMENT OF NET POSITION AND NOTE 4I IN THE FINANCIAL REPORT YOU'LL BE GETTING. THAT HAS TO DO WITH THE RESTATEMENT RELATE RELATEDTO THE REVENUE NOT RECOG. IF WE HAD ANY DIFFICULTIES IN PERFORMING THE AUDIT WE'D HAVE TO COMMUNICATE THAT TO YOU.

ANY STATEMENTS DIRECTLY RELATED TO AUDITING PROCEDURES WOULD BE COMMUNICATED TO YOU. WE DON'T HAVE ANY.

THE NLINGS I FINANCIAL INFORMATE GETTING ON A WEEKLY BASIS, YOU CAN RELY ON. WE DIDN'T HAVE ANY MISSTATEMENTS THAT CAME ACROSS THROUGH OUR AUDIT PROCEDURES.

THE LAST ITEM THAT I'D LIKE TO COVER IS A COMMENT ON INTERNAL CONTROLS RELATED TO THE COMPLIANCE OF THE PUBLIC FUNDS INVESTMENT ACT. SO THE PUBLIC FUNDS INVESTMENT ACT IS AN ACT THAT IS ESTABLISHED AT THE STATE OF TEXAS LEVEL THAT REQUIRES CERTAIN PROCEDURES TO HAPPEN IN RELATION TO THE DIFFERENT COMPONENTS OF THE ACT.

ONE OF THEM BEING THAT THE INVESTMENT BE PRESENTED TO THE GOVERNING BODY AT LEAST ANNUALLY.

THROUGH OUR REVIEW OF THE MINUTES AND DISCUSSIONS WITH THE COUNTY INVESTMENT OFFICER, THIS DIDN'T HAPPEN.

AS WELL AS QUARTERLY INVESTMENT REPORTS THAT RECONCILED THE

[01:55:01]

INVESTMENT ACTIVITY GOING ON IN THE COUNTY, THE DIFFERENT TYPES OF INVESTMENTS, THE RATE OF RETURNS ALLOTTED COMPONENTS THAT GO INTO THESE QUARTERLY FINANCIAL REPORTS. THOSE WEREN'T BEING PROVIDED AS WELL DURING THE FISCAL YEAR.

WE'RE HAPPY TO REPORT THOUGH THAT THOSE HAVE BEEN RESOLVED.

I BELIEVE IN THE MARCH 9TH MEETING THOSE WERE BROUGHT FORWARD FOR FISCAL YEAR 2020. AS WELL AS THE INVESTMENT POLICY FOR REVIEW. SO THOSE ARE JUST REPORTABLE INSTANCES, NOT MATERIAL, NONCOMPLIANCE WITH THE PUBLIC FUNDS INVESTMENT, THAT WAS ENOUGH TO WARRANT A DISCUSSION HERE TODAY REGARDING THE NONCOMPLIANCE.

>> SO QUARTERLY, DO YOU HAVE A TIMELINE OR AN ALARM SET FOR US TO RECEIVE QUARTERLY INVESTMENT REPORTS?

>> THE COUNTY INVESTMENT OFFICER, SHE HAS HER RESPONSE TO THE MANAGEMENT COMMENT ATTACHED BEHIND THE MANAGEMENT LETTER FOR THE COURT'S REVIEW. LIKE JEREMY SAID, SHE DID BRING THE INVESTMENT POLICY AND THE FISCAL YEAR 20 INVESTMENT REPORTS TO COURT IN EARLY MARCH, AND THEY'RE WORKING ON BRINGING

THE FISCAL YEAR 21. >> BEAUTIFUL.

>> TO COURT SOON. >> WONDERFUL.

COMMISSIONERS, ANY FINAL QUESTIONS OR COMMENTS? THANK YOU VERY MUCH FOR WHAT YOU'VE DONE AND MARISOL AND VICKY, WE KNOW IT'S A TIRING THANKLESS JOB, BUT WE'RE GRATEFUL YOU'RE DOING WHAT YOU'RE DOING.

THANK YOU FOR CONFIRMING ALL THE THINGS THAT HAVE BEEN DONE HERE IN THE COUNTY. GENUINELY GRATEFUL.

>> THANK YOU. >> OKAY.

>> DO WE NEED TO CALL ROLL ON THE MOTION TO ACCEPT IT?

>> CALL ROLL ON THE ACCEPTANCE? SURE.

YOU BET. AND WILL YOU -- WE HAVE A MOTION AND A SECOND. WILL YOU CALL ROLL FOR THE

MOTION? >> COMMISSIONER SHELL?

>> YES. >> COMMISSIONER JONES?

>> YES. >> COMMISSIONER SMITH?

>> YES. >> COMMISSIONER INGALSBE, JUDGE?

[29. SUB-751; Anthem, Phase 1A Subdivision (193 Lots). Discussion and possible action to approve final plat and accept fiscal surety for street and drainage improvements. JONES/PACHECO]

>> YES, WILL YOU PLEASE OPEN 29. >> 29.

751, PHASE ONE A SUBDIVISION. DISCUSSION OF POSSIBLE ACTION TO APPROVE FINAL PLAT AND ACCEPT FISCAL SURETY FOR STREET AND

DRAINAGE IMPROVEMENTS. >> SO MOVED IS.

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

>> YES, COMMISSIONER THIS IS THE FINAL PLAT APPROVAL AND FISCAL SURETY IS REQUIRED. FISCAL SURETY FOR THE REMAINING IMPROVEMENTS THAT HAVE YET TO BE COMPLETED.

IT'S A 186 SINGLE FAMILY RESIDENTIAL SUBDIVISION.

>> THANK YOU. ALL RIGHT.

PLEASE CALL THE ROLL. >> COMMISSIONER JONES --

>> YOUR MIC IS OFF. YOU'RE ALMOST GONE.

THIS WILL BE THE LAST ROLL CALL FOR THE DAY.

>> COMMISSIONER JONES? >> YES.

>> COMMISSIONER SHELL? >> YES.

>> COMMISSIONER SMITH? >> YES.

>> JUDGE BECERRA. >> WILL YOU PLEASE OPEN NUMBER

[34. Discussion and possible action to authorize the District Clerk to utilize Kofile Technologies for the Hays County District Clerk Records Preservation Project. INGALSBE/B.CRUMLEY]

34. ROXANNE?

THANK YOU. >> 34, DISCUSSION AND POSSIBLE ACTION TO AUTHORIZE THE DISTRICT CLERK TO UTILIZE KOFILE TECHNOLOGIES FOR THE HAYS COUNTY DISTRICT CLERK RECORDS

PRESERVATION PROJECT. >> WE HAVE A MOTION AND A SECOND. I'D LIKE TO GIVE MS. CRUMLEY AN

OPPORTUNITY TO SPEAK AT THE MIC. >> SURE.

THIS PROJECT THAT WE'RE REQUESTING FUNDS FOR IS TO PRESERVE THE HISTORICAL RECORDS OF DISTRICT COURT, SUCH AS THE INDEX BOOKS AND THE MINUTES OF COURT FROM THE BEGINNING OF TIME TILL WE STOPPED TAKING THEM DOWN ON PAPER, IF YOU WILL.

I BROUGHT AN EXAMPLE OF THE LAST PROJECT THAT WE DID LAST YEAR, SO YOU CAN SEE WHAT THE QUALITY OF THE PRODUCT IS.

SHOW THIS TO YOU. >> WOULD YOU MIND HELPING HER

FOR A SECOND? >> YOU CAN SEE IT'S AN ENCLOSED CONTAINED BOOK, AND EACH PAGE OF THE HANDWRITTEN BOOK IS INDIVIDUALLY PLACED IN THESE CLEAR PLASTIC SHEETS.

THEY HAVE ALSO BEEN DE ACIDIFIED AND RESTORED.

I DON'T KNOW WHAT THE EXACT TERMINOLOGY IS OF THE PROCESS THEY DO. FOR INSTANCE, THIS BOOK IS MINUTES FROM THE TERM OF JULY OF 1874.

>> WOW. >> SO THE IMPORTANCE OF THE INTEGRITY OF THE DOCUMENTS FOR THE HISTORY OF OUR COUNTY IS

[02:00:02]

EXTREMELY IMPORTANT TO ME AND I THINK TO OUR COUNTY TO BE ABLE TO LOOK BACK TO SEE HOW THINGS WERE DONE AND WHAT WAS DONE ALL THOSE YEARS AGO. SO I JUST WANTED TO SHOW YOU WHAT IT LOOKS LIKE AND HOW THEY'LL BE MAINTAINED PER EACH BOOK. WE ALSO HAVE --

>> WOULD YOU BE INTERESTED IN GRABBING THAT FOR COMMISSIONER

INGALSBE TO SEE? >> WE HAVE THE SEAL OF THE COUNTY AND THE TITLE OF WHAT THE BOOK IS AND THE YEARS THEY WERE DONE IMPRINTED ON HERE. IT'S HARD AND WILL LAST -- WE'LL

SAY A LIFETIME, BUT -- >> MORE THAN OUR LIFETIMES.

>> FOR SURE. >> THAT'S WONDERFUL.

>> JUDGE, I DID GET A CHANCE TO VIEW THAT UP CLOSE BEFORE OUR MEETING AND PRETTY IMPRESSIVE. IT'S HEAVY.

YOU KNOW, AND VERY NICE LOOKING CASE THEY'RE STORED IN.

I REALLY APPRECIATE OUR DISTRICT CLERK COMING IN AND SHOWING US THE EXAMPLE OF WHAT WORK HAS BEEN DONE TO RESTORE THESE

IMPORTANT DOCUMENTS. >> I LOVE IT.

IT'S BEAUTIFUL. AND WHEN I GOT A TOUR OF THE OFFICE, I SAW THE WAY YOU STORE THESE. IT'S SO NICELY DONE.

I GENUINELY APPRECIATE OUR HISTORY.

SOME OF IT IS LOCKED IN HERE FOREVER NOW.

WE'RE WORKING ON DOING THE REST. THIS IS JUST BEAUTIFUL.

>> IN ADDITION TO THE BOOK FORMAT THAT'S THERE, WE ALSO HAVE THOSE RECORDS DIGITIZED. WE DON'T HAVE TO ACCESS THESE ANY MORE THAN WE HAVE TO. WE CAN INSERT THE FLASH DRIVE AND GET THE SAME INFORMATION THAT WE WOULD BY TOUCHING THE BOOKS. SO THE IDEA NOW IS TO NOT HAVE TO TOUCH THEM TO DAMAGE THEM ANY MORE THAN THEY ALREADY ARE OR

HAVE BEEN. >> THANK YOU FOR TAKING THE TIME TO DO THIS AND SUPPORT THIS EFFORT AND SHARING THIS WONDERFUL REMINDER OF WHAT THIS AGENDA ITEM IS ACTUALLY ABOUT.

COMMISSIONERS, DO YOU HAVE ANY QUESTIONS FOR MS. CRUMLEY?

>> THANK YOU. >> NO.

>> THANK YOU, MR. PACHECO FOR BEING SO HELPFUL.

ROXANNE, WILL YOU PLEASE CALL THE ROLL.

(ROLL CALL). >> THANKS AGAIN, MS. CRUMLEY.

WHICH AGENDA ITEM WAS NEXT YOU WANTED?

[26. SUB-1341; Hold a public hearing with possible action to approve the final plat concerning the Mystic Creek Subdivision, Lot 15, Replat. SMITH/MACHACEK]

>> 26. >> 26.

LET'S GO TO 26, PLEASE. >> 26.

SUB 1341, HOLD A PUBLIC HEARING WITH POSSIBLE ACTION TO APPROVE THE FINAL PLAT CONCERNING THE REPLAT.

>> WE HAVE A A M MOTION AND A SECOND.

I'LL OPEN FOR A PUBLIC HEARING. IF THERE'S ANYONE TO SPEAK FOR OR AGAINST THIS AGENDA ITEM, PLEASE ROOC APPROACH THE PODIUM.

AGENDA ITEM 26 I HAVE OPENED FOR PUBLIC COMMENT.

SEEING NO MOVEMENT I WILL CLOSE. COMMISSIONER?

>> THANK YOU, MARKUS. >> YES, COMMISSIONER.

THE REPLAT OF LOT 15 WILL TAKE THE EXISTING LOT 15 AND DIVIDE IT INTO TWO LOTS. BOTH LOTS WILL HAVE ACCESS TO MYSTIC CREEK OVERLOOK AND DRIVE WHICH ARE LOCATED IN PRECINCT 4 AND WATER SERVICE WILL BE ACCOMPLISHED BY INDIVIDUAL WELLS AND WASTE WA WATER WILL BE TREAD BY INDIVIDUAL ON SITE SEWAGE FACILITIES. STAFF HAS REVIEWED THE REPLAT AND IT HAS FULL STAFF RECOMMENDATION.

>> PERFECT. OKAY, ROXANNE WILL YOU PLEASE CALL THE ROLL. (ROLL CALL).

>> I'M GOING TO GO AHEAD AND KNOCK OUT ALL THREE OF THESE AT THE SAME TIME. OPEN NUMBER 27.

[27. PLN-1612-PC; Hold a public hearing with possible action to approve the final plat concerning Heaton Hollow, Tract 16, Replat. SHELL/MACHACEK]

>> 27. PLN-1612-PC.

HOLD A PUBLIC HEARING WITH POSSIBLE ACTION TO APPROVE THE FINAL PLAT CONCERNING HEATON HOLLOW.

>> MOTION? >> SO MOVED.

>> SECOND. >> WE HAVE A MOTION AND A SECOND. I WILL OPEN FOR PUBLIC HEARING.

ANYONE WISHING TO SPEAK FOR OR AGAINST THIS AGENDA ITEM, PLEASE APPROACH THE PODIUM. I SEE NO MOVEMENT.

I CLOSE THE PUBLIC HEARING. >> THANK YOU, JUDGE.

>> THE REPLAT OF TRACT 16 WILL TAKE THE ADJACENT PROPERTY TO.

WASTE WATER TREATMENT WILL BE ACCOMPLISHED BY ON SITE SEWAGE FACILITIES. THIS REPLAT AT THIS TIME STAFF IS REQUESTING THAT THE COURT TAKE A CONDITIONAL APPROVAL ON THIS MATTER. THERE ARE STILL A FEW DEFICIENCIES NOTED ON THE PLAT THAT NEED TO BE REMEDIED.

WE ARE BRINGING IT TO COURT AT THIS TIME DUE TO STATE STATUTE.

WE HAVE A 30 DAY REQUIREMENT FROM THE TIME THE APPLICATION WAS FILED. THE APPLICATION WAS FILED ON MARCH 5TH. WE WOULD HAVE TO MAKE SOME SORT OF ACTION BY APRIL 4TH OF 2021.

SO THE STAFF RECOMMENDS A CONDITIONAL APPROVAL WITH THE

[02:05:03]

NOTION THAT THE REMAINING DEFICIENCIES ARE ADDRESSED PRIOR TO THE DEPARTMENT GRANTING AN APPROVAL AND SIGNING THE PLAT

ITSELF. >> MR. PACHECO, CAN YOU EXPAND

ON THOSE CONDITIONS? >> YES, SO THE CONDITIONS WOULD BE -- THEY'RE NOTED IN THE BACKUP, BUT THERE ARE SEVERAL CONDITIONS, A FEW ARE JUST SIMPLE PLAT NOTES THAT NEED TO BE ADDED TO THE PLAT THAT WERE MISSING DURING THE TECHNICAL

REVIEW. >> WHRLIKE WHAT?

>> BUILDING AND SETBACK LINES FROM REGULATED ROADWAYS.

ANOTHER IS PER TODAY'S DISCUSSION, TO REVISE THE FLOOR PLAN ADMINISTRATOR SIGNATURE BLACK FROM MR. TOM POPE TO WHOMEVER T DESIGNEE WOULD BE. WHETHER OR NOT THE PROPOSED SUBDIVISION IS SUBJECT TO THE TCQ FOR REGULATIONS.

THE LAST DEFICIENCY THAT WOULD NEED TO BE ADDRESSED IS REGARDING FLOOD PLAIN. THE PROPERTY OWNER WOULD NEED TO TAKE ONE OF TWO ROUTES. THEY WOULD NEED TO SHOW THE 100 YEAR FLOOD PLAIN OR INCLUDE A PLAT NOTE THAT STATES THAT IF -- FOR LOTS FIVE ACRES OR LESS THEIR RESTRICTED TO ONE SINGLE FAMILY RESIDENCE PER LOT AND PROHIBITING REGULATED

DEVELOPMENT. >> IS THE PROPERTY OWNER HERE?

>> I DO NOT BELIEVE SO. >> OKAY.

>> MR. PACHECO, IF THIS COURT WERE TO AGREE TO CONDITIONALLY APPROVE THIS PLAT, HOW LONG DOES THE DEVELOPER HAVE TO MEET YOUR

REQUIREMENTS? >> SO RIGHT NOW WITH THE CONDITIONAL APPROVAL IT WILL GIVE THE COUNTY -- IT WILL ALLOW US TO MAKE A DECISION WITHIN THAT 30 DAY STATUTORY TIMELINE.

FROM THERE, THE APPLICANT PER STATE STATUTE DOES NOT HAVE A TIMEFRAME TO RESPOND. THERE'S NOT A SET TIME THEY HAVE TO RESPOND BY. WHEN THEY DO RESPOND, THERE'S ANOTHER 15 DAY REVIEW PERIOD FOR THE COUNTY TO THEM MAKE A FINAL DETERMINATION ON WHETHER IT'S -- AT THAT POINT IN TIME IT WOULD

BE AN APPROVAL OR A DISAPPROVAL. >> APPROVAL IF THEY MEET --

>> IF THEY MEET ALL THE CONDITIONS IT WOULD BE APPROVAL.

IF THEY DON'T MEET THEM, IT WILL BE DISAPPROVAL.

>> IS THERE ANY OTHER QUESTIONS? OKAY.

THIS ONE IS GOING TO BE A LITTLE DIFFERENT.

MOTION TO -- I'LL MAKE A MOTION TO CONDITIONALLY APPROVE PROVIDING A WRITTEN STATEMENTS OF THESE CONDITIONS IN COMPLIANCE WITH TEXAS LOCAL GOVERNMENT CODE.

AND TO D DE -- AND APPROVE OR DISAPPROVE WITHIN THE TIMEFRAMES ESTABLISHED BY TEXAS LOCAL GOVERNMENT CODE CHAPTER 232

SECOND. >> ARE THERE ANY OTHER COMMENTS? ROXANNE, WILL YOU PLEASE CALL THE ROLL.

(ROLL CALL). >> AND THANK YOU, MR. PACHECO BUT YOU'RE NOT OFF THE HOOK YET. WILL YOU PLEASE OPEN 28.

[28. PLN-1587-PC; Hold a public hearing with possible action to approve the final plat of the Replat of Lots 14 & 15, Rolling Oaks, Section Three Subdivision. SHELL/PACHECO]

>> 28. PLN-1587-PC.

HOLD A PUBLIC HEARING WITH POSSIBLE ACTION TO APPROVE THE FINAL PLAT OF THE REPLAT OF LOTS 14 AND 15, ROLLING OAKS

SUBDIVISION. >> WE HAVE A MOTION AND A SECOND. I WILL OPEN FOR A PUBLIC HEARING. IF THERE IS ANYONE HERE TO SPEAK ON AGENDA ITEM 28? ANYONE SPEAKING FOR OR AGAINST THIS AGENDA ITEM, PLEASE APPROACH THE PODIUM.

I SEE NO MOVEMENT. I WILL CLOSE THE PUBLIC HEARING.

COMMISSIONER? >> THANK YOU, JUDGE.

>> THE ROLLING OAKS SECTION THREE REPLAT IS A REPLATS OF LOTS 14 AND 15, TO DIVIDE IT INTO TWO LOTS.

WATER SERVICE WILL BE ACCOMPLISHED BY INDIVIDUAL PRIVATE WELL AND WASTE WATER TREATMENT WILL BE ACCOMPLISHED BY INDIVIDUAL ON SITE. THIS ITEM HAS FULL STAFF

RECOMMENDATION. >> ASTRAIGHTFORWARD.

WE HAVE A MOTION AND A SECOND. >> (ROLL CALL).

>> THAT CONCLUDES OUR SUBDIVISIONS SECTION.

AND I AM BEING ASKED TO GO TO 43 NEXT, IS THAT RIGHT?

WE'RE BOUNCING AROUND. >> WE'VE --

>> WE'VE ALREADY DONE 34. LET ME CHECK THAT ONE OFF.

OKAY. SO IS THERE A PREFERENCE OR I'M GOING TO START AT THE TOP. WE'RE GOOD.

ALL RIGHT. PLEASE -- WAIT, I'M GOING TO GO BY PUBLIC COMMENTS. THAT WAS THE NEXT ITEM.

PLEASE OPEN AGENDA ITEM 9. >> 9, AUTHORIZE PAYMENT OF GT

[9. Authorize payment to GT Distributor in the amount of $529.98 in which no purchase order was issued as required per the County Purchasing Policy. SMITH/HOOD]

DISTRIBUTOR IN THE AMOUNT OF $529.98 IN WHICH NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER THE COUNTY PURCHASING POLICY.

[02:10:04]

>> SO MOVED. >> WE HAVE A MOTION AND A SECOND AND ONE PERSON SIGNED UP TO SPEAK.

YOU'LL HAVE THREE MINUTES, IF YOU CHOOSE TO ACCEPT THIS

MISSION. >> YES, SIR.

THANK YOU, JUDGE, COMMISSIONERS. ONCE AGAIN, COMMISSIONERS, YOU GOT A SEASONED LAW ENFORCEMENT ELECTED OFFICIAL.

NO PURCHASE ORDER. HOW MUCH LONGER Y'ALL GOING TO ALLOW THIS KIND OF, YOU KNOW, -- WHERE IS THE TRANSPARENCY? EARLIER I HEARD Y'ALL ASK GENERAL COUNSEL ABOUT AN ITEM.

HIS RESPONSE WAS HE DIDN'T HAVE ENOUGH INFORMATION.

THAT'S A DECISION ABOUT HONORABLE JUDGE THOMPSON'S COURT COORDINATOR, WHATEVER YOU WANT TO CALL IT.

I REMEMBER COMMISSIONER JONES SAYING I CAN'T VOTE ON THIS, I DON'T HAVE ENOUGH INFORMATION. COMMISSIONER SMITH, YOU SAID IT REPEATEDLY WE NEED TO DO BETTER, TRANSPARENCY.

I HEAR IT, I DON'T SEE IT. WHY IS THIS BEING ALLOWED? YOU GUYS DON'T DO NOTHING. THEY DON'T DO NOTHING.

THEY BURN LABOR. THEY'RE JUST A BURDEN ON THE TAXPAYERS. YOU SEE THEM OUT RUNNING AROUND DOING NOTHING. YOU SEE THEM HERE IN THE COURTROOM, YOU DON'T NEED TWO BAILIFFS HERE.

YOU DON'T. CAN'T JUSTIFY IT.

YOU KNOW, I WANTED TO TALK ABOUT THOSE TRASH CANS A WHILE BACK AND THEY SAID ONE OF THE REASONS IT WAS PURCHASED WAS BECAUSE PEOPLE WERE FLIPPING TRASH CANS OVER AND STUFF.

YOU'VE GOT FOUR DEPUTY CONESTAIES.WE NEED TO DO BETTER.

ACCOUNTABILITY. THIS SEASONED LAWMAN WITHOUT A BOSS NEEDS TO BE REMINDED THAT HE DOES HAVE A BOSS.

THIS IS NOT HIS MONEY HE'S USING AND WASTING, IT'S THE TAXPAYERS'. Y'ALL TALK ABOUT TRANSPARENCY AND ACCOUNTABILITY. AGAIN, SHOW US.

THANK YOU. >> THANK YOU, SIR.

COMMISSIONER SMITH? >> THANK YOU, JUDGE.

JUDGE.WE HAVE TWO MOTOR OFFICERT HAD TO HAVE PATROL JACKETS.

THESE TWO JACKETS UNDER COLLECTIVE BARGAINING, THERE WAS A QUESTION THAT WE'RE TRYING TO WORK THROUGH BECAUSE UNDER COLLECTIVE BARGAINING, WE MADE ALLOTMENTS FOR UNIFORMS. AND THEN ANCILLARY EQUIPMENT. AND SO AT THE END OF THE DAY, WE HAD TO HAVE TWO PATROL JACKETS FOR OUR TWO MOTOR OFFICERS SO THEY COULD ACTUALLY GO OUT AND PATROL.

AND THE PURCHASE ORDER ITSELF, WHILE WE WERE DEBATING WHETHER OR NOT THIS WAS PART OF A UNIFORM ALLOWANCE, WHICH IS NAMED WHAT THE INDIVIDUAL ITEMS WERE VERSUS AN OVERALL EQUIPMENT ALLOWANCE, THE CONSTABLE WENT OUT AND BOUGHT THE JACKETS AT A GRAND TOTAL OF 2 $29.98 ABOVE TE PURCHASE LIMIT.

HE BROUGHT THIS BACK TO ME AND HE IS STILL LOOKING TO TRY TO GET SOME TYPE OF OVERALL AGREEMENT RIGHT NOW BETWEEN THE ALL OF THE CONSTABLES, WHICH WOULD OUTLINE THOSE TO MAKE IT EASIER FOR AUDITORS OFFICE SO THEY CAN CATEGORIZE IT CORRECTLY. WE HOPE TO HAVE THE POLICY WITHIN THE NEXT WEEK OR TWO. AS FAR AS BACKGROUND, I JUST WANTED TO CLARIFY AND ANSWER SOME OF THOSE QUESTIONS.

BUT THAT WAS THE PURPOSE FOR THIS ITEM.

IT IS ACTUALLY COMING OUT OF HIS BUDGET, HE'S NOT ASKING FOR ANY ADDITIONAL FUNDING. BUT HE IS ASKING FOR THE EQUIPMENT TO BE PAID FOR THAT HIS OFFICERS ARE USING RIGHT

NOW. >> TO RECAP, THE $29.98 THAT YOU REFERENCED THAT'S FROM ABOVE THE AMOUNT THAT WAS SLATED AND

THAT'S WHY WE SEE IT TODAY? >> NO, SIR.

THE $29.98 IS ABOVE THE PURCHASE ORDER AMOUNT HE WOULD HAVE HAD TO HAVE RECEIVED A PURCHASE ORDER BEFORE PURCHASING THE EQUIPMENT. HE ACTUALLY HAS THE FUNDS IN HIS ACCOUNT AND WE WILL BE ALLOCATING NO D ADDITIONAL FUND.

>> THE TOTAL IS $529.98. >> CORRECT.

>> IF WE COULD -- >> JUDGE, IT SEEMS LIKE WE'RE SEEING A LITTLE BIT MORE OF THESE.

IF WE COULD ENCOURAGE EVERYBODY JUST CHECK WITH PURCHASING BEFORE MAKING A PURCHASE IN THE AUDITOR'S OFFICE.

THEY'LL USUALLY CLEAR THIS UP FOR YOU.

THERE'S OBVIOUSLY TIMES WHEN EMERGENCIES AND THINGS LIKE THAT WHERE THERE MAY NOT BE THAT POSSIBILITY.

BUT IF ANY DEPARTMENT HEAD OR ELECTED OFFICIAL OUT THERE IF THEY'LL CHECK WITH THE PURCHASING OFFICE THEY'LL GET THE ADVICE T THEY NEED TO MAKE SURE THEY FOLLOW THE POLICY FOR

$500 LIMIT FOR PURCHASE ORDERS. >> IN ADDITION, AS COMMISSIONER

[02:15:02]

SMITH SAID IF WE DON'T HAVE SPECIFIC DIRECTION AS FAR AS WHAT CONSTITUTES A UNIFORM, THAT'S WHY AN ITEM WOULD COME TO COURT AS WELL SO WE CAN HAVE THE COURT TO PROVE THE ACTUAL PURCHASE OF THIS ITEM. AS COMMSSIONER SMITH SAID WE LOOK FORWARD TO RECEIVING IT FROM CONSTABLES FOR ITEMS.

>> ANY OTHER COMMENTS? PLEASE CALL THE ROLL.

(ROLL CALL). >> PLEASE OPEN NUMBER 11.

[11. Ratify the acceptance of a 2009 Chevrolet G-4500 Ambulance valued at $50,000.00 to the Sheriff's Office and amend the budget accordingly. SHELL/CUTLER]

>> 11. RATIFY THE ACCEPTANCE OF A 2009 CHEVROLET G4500 AMBULANCE TO THE SHERIFF'S OFFICE AND AMEND THE

BUDGET ACCORDINGLY. >> SO MOVED.

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

MR. RODRIGO AMALIA. >> THANK YOU, JUDGE, COMMISSIONERS. I DON'T KNOW IF IT'S MY ACCENT OR WHAT IT IS, SOME OF THESE QUESTIONS THAT COME UP HERE AND ASK, IT'S LIKE THIS IS WHAT I'M FOCUSED ON AND THIS IS THE RESPONSE I GET. AND IT'S A PATTERN.

I'VE CAUGHT ON. THE REASON I WANTED TO ASK THIS ABOUT THIS AMBULANCE, ACCORDING TO WHAT THEY'RE PUTTING ON THIS IT'S FOR DRONE TRAINING AND ALL THAT.

YOU KNOW. YOU GOT A JAIL OVER THERE THAT'S MINIMUM STANDARDS, PRIORITIES ON OLD EMS TRUCK FOR DRONE TRAINING. YOU KNOW, COURT, WHERE'S THE REPRESENTATIVE FROM THE SHERIFF'S OFFICE TO RESPOND TO THIS? YOU KNOW, SOME OF Y'ALL I'M VERY AWARE OF WHAT YOU DO BEFORE Y'ALL BECAME COMMISSIONERS.

YOUR TRUE PROFESSIONS. I CAN HONESTLY TELL YOU RESPECTFULLY WHEN I HEAR YOUR RESPONSES ON SOME OF THESE CONCERNS, THEY'RE THAT SHALLOW BECAUSE YOUR EXPERIENCE IN THIS BUSINESS IS THAT SMALL. IS THAT -- YOU KNOW, I SEE IT.

I SEE THROUGH IT. YOU KNOW? LOBBIES, MECHANICAL ENGINEER, HUSBANDRY, IT'S FRUSTRATING.

I WANT INDIVIDUALS THAT ARE IN THE BUSINESS TO BE ABLE TO COME UP HERE AND COMFORTABLY WITHOUT HESITATION IN A MANNER THAT IMPRESSES NOT JUST ME, THE GENERAL PUBLIC.

REMEMBER LAST WEEK, THE CAPTAIN CAME UP AND ALL HE SAID HE CAN'T BACK THAT UP WITH FACTS. I ASKED A QUESTION ABOUT THAT TRAINING, COVID, YOU'RE NOT SUPPOSED TO BE GOING OUT OF STATE BECAUSE OF COVID. THAT'S THE WAWMEN ONE -- THEY DON'T WANT TO GO TO COLORADO FOR TRAINING.

AGAIN, WHERE'S THE QUALIFIED INDIVIDUAL TO ANSWER TO THESE CONCERNS. Y'ALL TALK IT UPON YOURSELVES AS THOUGH YOU HAVE THE RESPONSES THAT ARE GOING TO SATISFY THE CONCERNS WE HAVE. THEY'RE NOT WORKING.

THEY'RE NOT SATISFYING THE CONCERNS WE HAVE.

I CAN TELL YOU THE EXPERIENCE THAT I HAVE.

WHEN YOU TALK ABOUT LAW ENFORCEMENT RELATED OR HR RELATED ISSUES AND ALL THAT STUFF, I'M NOT IMPRESSED.

>> THANK YOU, SIR. COMMISSIONER SHELL, THIS AGENDA

ITEM -- >> IS THIS TO ACCEPT AN AMBULANCE DONATION FROM WIMBERLEY EMS FOR USE BY THE SHERIFF'S OFFICE FOR THEIR DRONE PROGRAM, WHICH WE USED FOR SEARCH AND RESCUE, OFFICER PROTECTION, ET CETERA, ACROSS

THE COUNTY. >> I WOULD ASK THAT YOU MAKE THE VALUE THAT IS CITED IN THE ITEM CONTINGENT ON FINAL APPROVAL FROM THE AUDITOR. I BELIEVE THE AUDITOR IS GOING TO BOOK IT ONCE SHE HAS ASSESSED FINAL VALUE FOR THE --

>> I'LL INCLUDE THAT IN MY MOTION.

>> THAT'S ONE OF THE QUESTIONS I HAD, WHO DETERMINES THE VALUATION. THAT'S GREAT TO HEAR.

>> AS WE JUST HEARD FROM OUR EXRM AUDITORS, WE HAVE TO BOOK R TRANSACTIONS IN ACCORDANCE WITH GENERALLYAGENERALLIYGENEGENERAL.

[02:20:03]

>> WILL YOU E-MAIL MY OFFICE ONCE YOU GUYS DETERMINE THAT AMOUNT? AND I GUESS THE MOTION WOULD NEED TO BE FLEXIBLE ON THE PRICE?

>> YES, I WOULD AMEND MY MOTION TO -- UPON FINAL APPROVAL OF THE AUDITOR'S OFFICE FOR THE VALUE OF THE DONATION.

>> I'LL MAINTAIN MY SECOND. >> PERFECT.

WE HAVE A MOTION AND A SECOND. ANOTHER QUESTION I HAVE IS DO WE HAVE ANY ANTICIPATED PROJECTED EXPENSES IN THE ACCEPTANCE OF THIS DONATION, COMMISSIONER SHELL?

>> ONCE THIS IS BROUGHT INTO THE COUNTY, OBVIOUSLY MAINTENANCE WILL BE REQUIRED AND THAT WILL BE UP TO THE SHERIFF'S OFFICE TO

BUDGET FOR THAT PROPERLY. >> JUST MAINTENANCE, THERE'S

NOTHING ELSE YOU'RE AWARE OF? >> NOT AT THIS TIME.

>> I THINK THE ONLY OTHER THING WOULD HAVE TO DO IF IT HAD TO BE REBRANDED BUT THAT COULD BE DONE IN THE NEXT BUDGET CYCLE.

WE SEE THAT EVERY CYCLE, DO YOU KNOW WHAT I MEAN?

>> COMMISSIONER INGALSBE. >> THAT'S ONE OF THE QUESTIONS I HAD. I WOULD IMAGINE THEY'D HAVE TO RETROFIT THE INSIDE SOMEWHAT TO ACCOMMODATE THEIR NEEDS.

YEAH. >> ALL RIGHT.

ROXANNE, PLEASE CALL THE ROLL. (ROLL CALL).

>> WILL YOU PLEASE OPEN NUMBER 37.

[37. Discussion and possible action to authorize Hays County Human Resources to conduct salary market analysis utilizing benchmark counties and cities as presented. SHELL/MILLER]

>> 37. DISCUSSION AND POSSIBLE ACTION TO AUTHORIZE HAYS COUNTY HUMAN RESOURCES TO CONDUCT SALARY MARKET ANALYSIS UTILIZING BENCHMARK COUNTIES AND CITIES AS

PRESENTED. >> SO MOVED.

>> SECOND. >> WE HAVE A MOTION AND A SECOND. AND WE HAVE ONE PERSON SIGNED UP TO SPEAK. MR. DAN LION.

>> THANK YOU VERY MUCH, JUDGE BECERRA.

I WAS REALLY INTERESTED IN LISTENING TO THIS GUY TALK ABOUT THE CAFRA AND HIS CONCLUSIONS WERE THAT HAYS COUNTY WAS IN A REAL HEALTHY FINANCIAL POSITION. AND THAT MAY BE THROUGH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, WHICH ARE NOT GENERALLY ACCEPTABLE TOOL THOSE TO THOSEWHO ARE PAYING TAXES, BE ME. THE ONLY WAY I CAN DO IS IS THEE WAY I KNOW HOW TO BALANCE THE BUDGET.

WE'RE $722 MILLION IN DEBT IF THE DEBT IS HELD TO MATURITY.

WHICH IT WILL BE AT THIS POINT BECAUSE PEOPLE ARE NOT GOING TO GET BETTER INTEREST RATES THAN THEY HAD BACK WHEN THEY TOOK THIS -- WHEN THEY BOUGHT THIS DEBT, SO TO SPEAK.

ALL RIGHT. WE PAID OUT OVER $20 MILLION IN INTEREST LAST YEAR, AND WE'RE GOING TO PAY A SIMILAR AMOUNT THIS FISCAL YEAR. THIS IS WHY I'M GETTING UP HERE AND TALKING ABOUT THIS AGENDA ITEM.

ALL RIGHT. THIS AGENDA ITEM APPEARS TO ME TO BE THE SAME OLD SONG AND DANCE.

EVERY TIME RAISES FOR COUNTY EMPLOYEES ARE BEING CONSIDERED, SOMEONE TROTS OUT A CHART SHOWING THAT HAYS COUNTY EMPLOYEES ARE AMONG SOME OF THE LOWEST PAID. THIS IS FOR THOSE THAT ARE REALLY MAKING THE BIG MONEY IN THE COUNTY, NOT FOR THE AVERAGE PERSON. THIS IS A BIT LIKE THE DALTON GANG COMPLAINING THAT JESSE JAMES AND HIS GANG ARE GETTING MORE LOOT THAN THEY ARE. THE ONLY CRITERIA WHICH SHOULD BE CONSIDERED IS CAN WE GET QUALIFIED EMPLOYEES AT THE SALARIES BEING PAID. SAN MARCUS IS NOT AUSTIN.

THE WAGES HERE ARE LOWER AND PROBABLY ALWAYS WILL BE.

THE QUESTION SHOULD BE ARE THE COUNTY'S WAGES COMPETITIVE WITH THE WAGES IN THE REST OF SAN MARCUS. THE ANSWER IS THE WAGES PAID BY THE COUNTY ARE ANESTHSUBSTANTIALLY HIGHER.

MANAGEMENT SAID, QUOTE, IT IS NOT MANDATORY THAT YOU WORK HERE, UNQUOTE. THEY FURTHER STATED THAT WE WERE -- THEY WERE NOT RUNNING THEIR PLANT IN ORDER TO PROVIDE US WITH JOBS. THE JOB WHICH I HELD HERE PAID $25 PER HOUR IN MIDLOTHIAN, TEXAS, JUST SOUTH OF DALLAS.

MY TOP WAGE HERE IN HUNTER, TEXAS, WAS $14.59 PER HOUR.

I DEALT WITH IT. I'M TIRED OF HEARING EMPLOYEES COMPLAIN ABOUT THEIR THE AMAZON WAREHOUSE IS HIRING.

IF YOU, THE COMMISSIONERS BELIEVE THAT YOU'RE UNDERPAID, ANSWER THIS QUESTION. HOW MUCH TALENT AND INTELLIGENCE DOES IT TAKE TO GET THE COUNTY $750 MILLION IN DEBT? WE DON'T HAVE ANY MONEY TO PAY FOR A SALARY MARKET ANALYSIS.

IT IS ALSO IRRELEVANT BECAUSE THESE PEOPLE LIVE IN SAN MARCUS.

THEY SHOULD BE -- HAVE THEIR WAGES COMPARED TO THE PEOPLE IN SAN MARCUS. NOT IN TRAVIS, NOT IN DALLAS COUNTY, NOT IN HARRIS COUNTY, NOT IN LOS ANGELES.

>> THANK YOU, SIR. AS A LITTLE COMMENT, THE

[02:25:04]

ANALYSIS IS TO COMPARE, NOT TO MATCH BUT TO GET AN UNDERSTANDING OF THE GOING RATES SO THAT WE COULD TREAT AND PAY PEOPLE FAIRLY THAT ARE DOING TAXPAYERS' WORK.

AND WHAT? >> IN HOUSE.

>> IN HOUSE, ABSOLUTELY. ITS AN IN HOUSE EFFORT.

SO MS. MILLER, WOULD YOU LIKE TO APPROACH THE PODIUM?

>> HELLO, AGAIN, SHERRY MILLER. I'VE LAID ON YOUR D DAIS A CHART THAT OUTLINES A VARIETY OF MARKETS, COUNTIES AND CITIES THAT WE'VE USED CURRENTLY FOR OUR POSITIONS.

AND I'LL JUST CALL POSITIONS NON-COLLECTIVE BARGAINING POSITIONS AND NON-ELECTED OFFICIALS.

SO ANY POSITION IN THE COUNTY THAT'S NOT IN THOSE TWO CATEGORIES, I'LL JUST REFER TO AS POSITIONS.

SO JUST AN INDICATION OF WHICH SOURCES WE LOOK AT FOR SALARY COMPARISON. WITH THE SECOND COLUMN BEING -- WE TALKED ABOUT LAST WEEK -- LOOK AT OUR COUNTIES AND FIGURE OUT WHAT MIGHT BE THE BEST COMPILATION OF SOURCES TO GATHER SALARY DATA FROM. SO KIM JETER, OUR HR MANAGER AND I HAVE WORKED THIS PAST WEEK ON DOING THAT COMPILATION.

I DID NOT GIVE YOU THE LARGE MATRIX THAT WE USE.

BUT I DID GIVE YOU IN THE SECOND SHEET THE FACTORS THAT WE LOOK AT IN EACH OF THOSE COUNTIES, PRIMARILY COUNTIES.

SO WE LOOK AT POPULATION ESTIMATES, PERCENTAGE CHANGE OF POPULATION, NUMBER OF EMPLOYEES, BUDGET INFORMATION, TAXABLE PROPERTY VALUE, TAX RATES, OWNER OCCUPIED HOUSING UNIT MEDIUM VALUES, AND THEN LOCATION WHERE THE COUNTY IS LOCATED IN TERMS OF MAJOR HIGHWAYS OR INTERSTATES.

WHETHER THERE'S COLLEGES OR UNIVERSITIES IN THE AREA IS COMPARABLE TO HERE IN HAYS COUNTY.

AND THEN WHETHER THE COUNTY IS IDENTIFIED AS ONE OF THE TOP TEN PROJECTED POPULATION GROWTH BY 2050.

THAT'S GOING TO BE HERE BEFORE WE KNOW IT.

WE PULL OUR DATA FROM A VARIETY OF SOURCES, INCLUDING THE CENSUS BUREAU, TEXAS STATE DATA CENTER. TAC PROVIDES A DATA RESOURCE FOR US TO USE WITH A LOT OF THIS INFORMATION, AND THEN WE COMMUNICATE WITH EACH OF THOSE COUNTIES INDEPENDENTLY TO GATHER ADDITIONAL INFORMATION. SO THIS IS A CHART AND THE POINT, THE MATRIX POINTS ARE POINTS AND FACTORS WE'VE USED AT LEAST SINCE 2008. AT THIS TIME, I THINK WE JUST NEED TO HAVE AN INTERACTIVE CONVERSATION ABOUT WHICH SOURCES YOU ALL ARE INTERESTED IN USING. THIS WOULD ADD A FEW SOURCES TO OUR MIX AND I'M INTERESTED TO SEE WHAT BRAZOS AND WEBB COUNTIES, AS WELL ASTHA AS WELLF GEORGETOWN WILL DO WITH OUR SALARY DATA, WHETHER THEY WILL FURTHER VALIDATE THAT WE ARE WHERE WE NEED TO BE IN OUR PAY PLANS, OR THAT WE NEED TO CHANGE. BRAZOS COUNTY, WHERE IT'S NOT ON A MAJOR HIGHWAY, I THINK THE GROWTH THERE IS INTERESTING TO LOOK AT AND INCLUDE. IT JUST HAPPENS TO BE WHERE IT IS. THERE IS PLANS FOR AN EXPANSION OF HIGHWAY 6 MAYBE OR EVEN IN THE NOT TOO FAR FUTURE SOME SORT OF INTERSTATE SYSTEM THERE. I HAVEN'T BEEN THERE IN A WHILE, BUT I THINK JUST THAT POPULATION GROWTH, THE GROWTH OF THE COMMUNITY IS INTERESTING TO LOOK AT.

HECTOR COUNTY IS WAY OUT WEST. IN TERMS OF ITS POPULATION, IT'S

[02:30:02]

NOT QUITE WHERE WE ARE TODAY. BUT THERE WERE ENOUGH FACTORS IN OUR POINTING SYSTEM TO GET THEM INTO THE MIX IF YOU SO DESIRE TO USE THEM. THE SAME FOR SMITH, WHICH IS IN NORTHEAST TEXAS, TYLER, THE CITY OF TYLER IS IN SMITH COUNTY SO THEIR POPULATION IS RIGHT ON TOP OF US.

I HEARD THAT AS AN IMPORTANT FACTOR OF YOU ALL LAST WEEK.

THEN WEBB COUNTY IS DOWN SOUTH ON THE BORDER.

IN ADDITION, IN TERMS OF HR PROFESSIONALS AND THE CAMARADERIE THAT WE SHARE ACROSS THE STATE, WE INTERACT WITH PEOPLE FROM THESE COUNTIES AND WE SEE SOME OF THE PROGRESSIVENESS IN THOSE ENTITIES WHICH IS WHERE WE ARE OR ARE GOING. AND THEN WE TALKED LAST WEEK ABOUT INCLUDING GEORGETOWN AND ROUND ROCK.

WE'VE BEEN USING THOSE TWO CITIES IN OUR COLLECTIVE BARGAINING. AND IN TERMS OF CITIES IN THE LOCAL AREA IN THE REGION -- I THINK THEY WOULD BE VALUABLE TO ADD TO OUR MIX. QUESTIONS?

>> YES, MA'AM, I HAD ONE. LOOKING AT -- THIS IS JUST A QUESTION RELATIVE TO ELLIS COUNTY.

IT LOOKS LIKE BOTH BACK IN '08 IT WAS LOOKED AT.

I KNOW THEY'RE A LARGE POPULATION CENTER.

PARDON ME, A COUNTY DIRECTLY ADJACENT TO A LARGE POPULATION CENTER ON THE I-35 CORRIDOR. I THINK THEY MAY BE A GOOD PLACE TO LOOK. I KNOW THEY'RE EXPERIENCING

SIMILAR GROWTH THERE. >> WE'VE USED ELLIS COUNTY BOTH IN OUR 2 2008 ELECTED OFFICIAL MARKET.

AND PRIOR TO 2015, THEY WERE USED IN OUR POSITION MARKET.

I'LL TELL YOU, IN OUR POINTING FACTOR, THEY CAME OUT -- PARDON ME. ONLY AROUND 3 POINTS.

SO I KIND OF LOPPED OUR POINTS OFF AROUND 4 WITH HAYS COUNTY AT 10. ONE THING I WILL TELL YOU, WHEN WE USE THEM IN THE PAST, THEIR WAGES WEREN'T CONTINUALLY PROGRESSIVE. THAT COULD BE DIFFERENT NOW.

I'M CERTAINLY HAPPY TO INCLUDE THEM AND SEE WHAT THEIR PAY PLAN LOOKS LIKE. I AGREE THAT SOUTH DALLAS METROPLEX AREA, WHICH IS WHERE ELLIS LANDS, KIND OF BETWEEN THE

WACO AND DALLAS AREA IS -- >> YEAH, I WAS SURPRISED THEY'RE NOT A TOP TEN COUNTY IN THE STATE FOR GROWTH.

IF THEY -- >> THEY ARE ESTIMATED AT 79% GROWTH BY 2050. THE TOP TENS ARE THE HUNDREDSE.

>> COMMISSIONER SHELL? >> NOTHING, I APPRECIATE HR'S WORK ON THIS. I THINK IT'S IMPORTANT TO TRY TO GET INPUT ON THE DETERMINATION OF THE MARKET, ESPECIALLY KNOWING BUDGET SEASON IS COMING UP AND WE'RE GOING TO HAVE A LOT OF REQUESTS FROM DEPARTMENT HEADS AND WANT TO MAKE SURE WE HAVE SOME METHODOLOGY WE BELIEVE IS FAIR.

I'M OPEN TO ANYBODY'S SUGGESTION.

IT'S A GOOD ANALYSIS. COMMISSIONER SMITH MENTIONED ELLIS. PRO, THAT ARE JUST OUTLIERS OFWS EVERYTHING ELSE. I CAN UNDERSTAND, BUT THOSE ARE PROBABLY TWO SIMILAR ONES. I DON'T KNOW HOW OPEN THE COURT WANTS TO MAKE THIS. I KIND OF LEAN ON OUR HUMAN RESOURCES DEPARTMENT TO GIVE FINAL RECO RECOMMENDATIONS.

AS FAR AS I'M CONCERN, IT'S A GOOD START.

>> I APPRECIATE YOU PUTTING IT TOGETHER.

I STILL MCCLENDON COUNTY IS OUR BBEST COMP WITH THE INTERSTATE, THEIR GROWTH AND THE UNIVERSITY IN THE MIDDLE.

>> THEY'RE STILL IN THE MIX FOR MY RECOMMENDATION STANDPOINT.

>> THEY'RE THE MOST SIMILAR COUNTY TO US WITH POPULATION.

>> COMMISSIONER INGALSBE? >> II APPRECIATE YOUR WORK.

YEAH, I SUPPORT THE COUNTIES YOU ADDED, ESPECIALLY IF THEY HAVE

[02:35:04]

FACTORS YOU FEEL ARE SIMILAR. I TOO AGREE IT'S TIME THAT WE TAKE A LOOK JUST TO SEE WHERE WE'RE AT D MAKE SURE --

>> IF I CAN CLARIFY, YOU WOULD LIKE TO INCLUDE ELLIS COUNTIES IN ADDITION TO THE OTHER FOUR HIGHLIGHTED COUNTIES AND TWO

CITIES? >> NOT NECESSARILY, I THINK THOSE WERE THE CLOSEST THAT WERE OUTSIDE OF THAT.

I THINK IT'S FINE AS PRESENTED UNLESS WHEN Y'ALL ARE LOOKING AT SOMETHING -- THAT MIGHT BE% SOMETHING TOO WHEN YOU ACTUALLY GET INTO THE DATA OF THESE COUNTIES, YOU MIGHT FIND SOMETHING THAT PRESENTS WHAT YOU WOULD CONSIDER TO BE A

DISCREPANCY. >> WE'LL PULL THEIR PAY PLANS.

>> EMPLOYEES ARE MAKING $250,000, I THINK WE NEED TO TAKE THEM OFF THE LIST. SAME THING IF PEOPLE ARE PAYING EXTREMELY LOW WAGES. IF WE FIND SOMETHING THAT LOOKS LIKE IT REALLY IS OUT OF WHAM, , I WOULDN'T WANT IT TO BE CONSIDERED. I'LL LET Y'ALL USE THAT

JUDGMENT. >> WE'LL PULL THEIR PAY PLANS WHICH WE'VE DONE. THEY DO LOOK COMPARABLE.

WE GET TO SEE THEIR ORGANIZATIONAL STRUCTURES AS WELL-THAT HELP US HELP YOU AND OUR DEPARTMENT HEADS

ORGANIZATIONALLY. >> WHO HELPED CREATE THE POINTS

SYSTEM? >> THAT WAS CREATED ORIGINALLY BY THE ORGANIZATION THAT WAS HIRED IN 2008 TO REVIEW THE ELECTED OFFICIAL POSITIONS. THE RANGES WHERE YOU GET THE POINT ASSIGNED HAS MOVED WITH HAYS COUNTY'S MOVEMENT. AS OUR POPULATION INCREASES, THEN WE BUILD THAT POINT.

RIGHT NOW WE'RE USING A POPULATION RANGE OF 150 TO 310.

>> PROJECTED GROWTH BY 250, 2.5 POINTS, THE HIGHEST AMONG ALL THE ITEMS. SO I WAS GOING TO SUGGEST THAT WE -- SINCE THIS IS AN EMPLOYMENT LENS YOU'RE LOOKING THROUGH THAT WE ANTICIPATE A LITTLE MORE SUPPORT IN THE UNIVERSITY INFLUENCE ON OUR ABILITY TO HIRE.

I WOULD RAISING THE UNIVERSITY LINE ITEMS SPECIFICALLY AND BE BORROWED FROM THE POP POPULATION SINCE THAT'S SO MUCH HIGHER THAN

EVERYTHING ELSE. >> MOST OF THESE ENTITIES DO HAVE EITHER A MAJOR UNIVERSITY OR A CULMINATION OF COMMUNITY COLLEGES. AL IF THMOST ARE GETTING THAT .5 POINTS. I DON'T THINK IT WOULD CHANGE IF WE MOVED A COUPLE OF POINTS FROM THE POPULATION GROWTH TO UNIVERSITY. I DON'T THINK IT'S GOING TO CHANGE OUR COMP POSITION OF WHO WE LOOK AT.

I'M HAPPY TO CONSIDER THAT. THANK YOU.

>> WELL, BEYOND THE CONSIDERATION, I JUST WANTED TO% BRING IT UP. THAT'S PLENTY.

IT'S NOT GOING TO CHANGE ANYTHING, I JUST WANTED TO GIVE YOU MY OPINION ABOUT IT. ARE THERE ANY OTHER COMMENTS?

(ROLL CALL). >> WILL YOU PLEASE OPEN AGENDA

[45. Discussion related to the Hays County inmate population, to include current population counts and costs. BECERRA]

ITEM 45. >> 45.

DISCUSSION RILT RELATED TO THE S COUNTY PRISON POPULATION.

>> SO THE SHERIFF'S OFFICE SENDS MY OFFICE WEEKLY A REPORT OF OUR COSTS FOR OUTSOURCING. THIS WEEK'S OUTSOURCE COST WAS $48$48,480. THE AVERAGE NUMBER IS 122 AND FEMALES ARE ZERO. THIS WEEK'S INMATES WERE HOUSED IN THE FOLLOWING COUNTIES. ARRESTS BY AGENCY.

[02:40:02]

DPS, 1. HAYS COUNTY SHERIFF'S OFFICE, 61. CONSTABLE, PRECINCT 1, 1.

KYLE POLICE DEPARTMENT, 26. SAN MARCOS POLICE DEPARTMENT, 45. TEXAS STATE, 0.

WILL YOU PLEASE OPEN AGENDA ITEMS 3 THROUGH -- JUST KNOW IT THIS WAY, 7, 9 AND 11 HAVE BEEN OPENED.

AND OPEN 3-16. >> APPROVE PAYMENTS OF COUNTY

[Items 3 - 18]

INVOICES, 4, APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS. 5, APPROVAL COMMISSIONERS COURTS MINTS OF MARCH 23, 2021.

APPROVE THE PAYMENT OF THE MARCL DISBURSEMENTS.

POST THE TOTALS FOR WAGES, ON THE HAYS COUNTY WEBSITE, ONCE FINALIZED. 8, AUTHORIZE THE BUILDING MAINTENANCE DEPARTMENT TO MAKE NEEDED REPAIRS IN THE AMOUNT OF 51$51,998 TO THE BUILDIG THAT WS DAMAGED DUE TO BROKEN WATER LINES CAUSED B BY THE WINTER STORM.

10, AUTHORIZE PAYMENT TO ON SITE SERVICES IN THE AMOUNT OF $575 IN WHICH NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER THE COUNTY PURCHASING POLICY. 12, AUTHORIZE THE JUVENILE DETENTION CENTER TO ACCEPT A GRANT AWARD FROM THE TEXAS STATE UNIVERSITY RELATED TO THE HIGH SET GED PROGRAM AND AMEND THE BUDGET ACCORDINGLY. 12, AUTHORIZE THE COUNTY TREASURER TO PURCHASE A REPLACEMENT DELL 7 7080 VALUE VALUED AT $933.90 AND AMEND THE BUDGET.

14, AUTHORIZE THE COUNTY AUDITOR TO ORDER A REPLACEMENT COMPUTER VALUED AT $933.90. AND AMEND THE BUDGET ACCORDINGLY, 15 AUTHORIZE THE JUSTICE OF THE PEACE, PRECINCT 1-2 TO TEMPORARILY INCREASE HOURS FOR PART TIME JUSTICE CLERK SLOT 0855-021 FROM 20 HOURS PER WEEK TO 30 HOURS PER WEEK EFFECTIVE APRIL 1, 2021 AND 16, AUTHORIZE A COUNTY JOB TO EXECUTE AN ADDENDUM T TO THE MASTER SERVICE AGREEMENT TO REMOVE THE RICO COPIER LOCATED IN THE LAW LIBRARY.

>> WILL YOU DO 17 AND 18 SO WE COULD HAVE THAT WHOLE SECTION

COVERED? >> 17.

AUTHORIZE THE COUNTY JUDGE TO EXECUTE A CONTRACT AMENDMENT WITH PBS OF TEXAS REPRESENTED TO COUNTY WIDE JANITORIAL SERVICES PURSUANT TO RFP2020 AND APPROVE CERTIFICATIONS FOR RM12 AT WINTER'S MILL PARKWAY, AND AUTHORIZE PURCHASING TO SOLICIT

FOR PROPOSALS AND ADVERTISE. >> SO MOVED.

>> SECOND. >> WE HAVE A MOTION AND A SECOND. COMMISSIONERS, ANY COMMENTS?

>> PLEASE CALL THE ROLL. (ROLL CALL).

>> PLEASE OPEN 19. >> 19.

[19. Discussion and possible action to consider the release of the revegetation bond #70187175 in the amount of $103,669.80 for Headwaters at Barton Creek subdivision, Phase 2, and Phase 4, Section 1. SMITH/BORCHERDING]

DISCUSSION AND POSSIBLE ACTION TO CONSIDER THE RELEASE OF THE REVEGETATION BOND 70187175 IN THE AMOUNT OF $103,669.80 FOR HEAD WATERS AT BARTON CREEK SUBDIVISION PHASE TWO AND PHASE

FOUR SECTION 1. >> SO MOVED.

>> SECOND. >> COMMISSIONER?

>> JUDGE, THIS IS A RELEASE OF THE REVEGETATION BOND.

THEY'VE MET THE MINIMUM CRITERIA AND HAS FULL STAFF

RECOMMENDATION. >> PLEASE CALL THE ROLL.

(ROLL CALL). >> PLEASE OPEN NUMBER 20.

[20. Discussion and possible action to appoint members to the review and interview committee for RFQ 2021-Q07 General Engineering Consultant-Road Bond. JONES]

>> 20. DISCUSSION OF POSSIBLE ACTION TO APPOINT MEMBERS TO THE REVIEW AND INTERVIEW COMMITTEE FOR RFQ2021-Q07, GENERAL ENGINEERING CONSULTANT ROAD BOND.

>> SO MOVED. >> SECOND.

>> WE HAVE A MOTION AND A SECOND.

COMMISSIONER? >> I'D LIKE TO PROPOSE A REVIEW AND INTERVIEW COMMITTEE. I'D LIKE TO HAVE TWO MEMBERS OF THIS COURT ON THE COMMITTEE AND TRANSPORTATION, WHICHEVER HE FEELS MORE APPROPRIATE WITH AND MARC KENNEDY AND I'D LIKE TO

OVERSEE THE PROCESS. >> I'D LOVE TO BE ONE OF THOSE

PEOPLE ON THERE. >> IT'S UP TO THE COURT --

>> SURE, I'M JUST SUGGESTING, OFFERING MYSELF.

>> APPRECIATE IT. >> SO WE HAVE JERRY WYNTON OR --

>> I WOULD THINK ONE OTHER OTHER.

I WOULDN'T WANT TO TIE BOTH OF THEM UP.

WHOEVER JERRY WOULD FEEL MORE COMFORTABLE.

[02:45:01]

I'M NOT SURE IF JERRY IS WANTING TO MEET IN PERSON OR NOT.

>> HE'S HERE. >> OKAY.

JERRY I DIDN'T EVEN SEE YOU OVER THERE.

>> YES, SIR. >> HE SNUCK IN.

I WATCHED IT. >> I DON'T KNOW THAT I WOULD WANT -- WE WOULD NEED BOTH TWO PEOPLE FROM TRANSPORTATION ON THERE. ONE WOULD BE SUFFICIENT UNLESS

YOU FELT DIFFERENT. >> IT'S REALLY UP TO THE COURT.

I TRUST WYNTON'S JUDGMENT ON THIS.

JUST WANT TO PARE DOWN -- >> I WOULD LEAVE THAT -- IF ONLY ONE OF YOU, -- I'M NOT SPEAKING FOR THE COURT, MY PREMPS WOULD E WOULD BE WHO YOU WANT FROM TRANSPORTATION ON THAT

COMMITTEE. >> WE'D LIKE FIVE MEMBERS.

OUR OFFICE OVERSEES, SO WE WOULD NOT BE MEMBERS.

>> WE HAVE TWO COURT MEMBERS, MR. KENNEDY, AND TRANSPORTATION.

WHAT OTHER MEMBER? WE COULD EVEN LOOK AT --

>> I MEAN, I WOULD BE OKAY WITH HAVING TWO FOLKS FROM

TRANSPORTATION ON THERE. >> OKAY.

>> LET'S DO THAT. I WAS THINKING ABOUT THAT.

>> OKAY. >> THE AUDITOR'S OFFICE, YOU DON'T WANT TO PARTICIPATE IN THE PROCESS BUT YOU WOULD LIKE --

>> WE WOULD HAVE TO OVERSEE THE PRPROCESS BUT NOT BE SCORERS, WE'RE GENERALLY NOT SCORERS -- UNLESS IT HAS TO DO WITHFICIAL H

FINANCIAL MATTERS. >> YOU CAN'T PROVIDE INPUT TO

MAKE SURE THE PROCESS IS -- >> NO, WE'LL OVERSEE THE PROCESS TO ENSURE THE PROCESS IS -- HAS INTEGRITY AND FREE OF CONFLICT, WE JUST DON'T PARTICIPATE AS FAR AS SCORING OR EVALUATING.

>> SO WHAT TWO COURT MEMBERS? I VOLUNTEER MYSELF.

>> I THINK COMMISSIONER JONES IS THE OBVIOUS CHOICE, ESPECIALLY A REPRESENTATIVE ON CAMPO AND THE COURT ORDERS TRANSPORTATION PROJECTS. I BELIEVE THERE SHOULD BE SOME REPRESENTATION FOR THE WESTERN PROJECTS, JUST THE UNIQUENESS OF THIS CHANGE AND WHAT THAT IMPACT COULD DO TO ALL OF OUR PROJECTS THAT ARE IN -- CURRENTLY GOING ON RIGHT NOW.

THEY'RE ALL IN DIFFERENT PHASES, MAKING SURE THAT THERE IS SOME BUY IN FROM HOW THAT WILL AFFECT THE MANAGEMENT OF THOSE PROJECTS ONGOING. SOME OF THE QUESTIONS I WOULD HAVE IS, YOU KNOW, PROJECTS THAT ARE EITHER ABOUT TO BE LED OR CURRENTLY UNDER CONSTRUCTION VERSUS OBVIOUSLY PRODUCTS THAT ARE JUST IN DESIGN. KIND OF A RANGE OF THOSE TYPE OF PROJECTS ACROSS THE COUNTY. THEN ALSO CONSIDERATION OF HOW THOSE POTENTIAL TEAMS ARE ALREADY PUT TOGETHER AND HOW THAT WOULD -- COULD POTENTIALLY IMPACT DEPENDING ON THE SELECTION, MAKING SURE THAT WE'VE UNDERSTOOD THAT PROPERLY AND TAKEN ANY OF THOSE PRECAUTIONS NECESSARY TO MAKE SURE WE DON'T HAVE MANAGEMENT OF PROJECTS THAT ARE BEING CURRENTLY RUN BY THAT VERY FIRM. SO I WOULD HAVE SOME INPUT ON THAT, TOO. THAT'S WHY I THINK IT WOULD BE GOOD TO HAVE A COMMISSIONER FROM THE AREA, A COMMISSIONER FROM KIND OF THE WESTERN PART OF THE COUNTY.

YOU KNOW, FROM MY EXPERIENCE, I'D APPRECIATE THE OPPORTUNITY TO BE ON IT AS WELL. YOU KNOW, I'VE BEEN PART OF THIS OBVIOUSLY FROM THE BEGINNING. AND I OBVIOUSLY WAS HERE FOR THE

PRIOR BOND AS WELL. >> JUDGE, THE ONE THING I WOULD SAY IS THAT IT'S TAKEN ME THE BETTER PART OF THESE TWO YEARS TO GO IN DEPTH IN EACH ONE OF THESE PROJECTS THAT'S IN MY PRECINCT. AND I HAD A NUMBER OF ISSUES RELATED TO EACH ONE ON THE MANAGEMENT OF IT.

AND I THINK IN DEALING WITH THE CURRENT GEC AND LOOKING AT WHAT I WOULD LIKE TO SEE, IF THAT WAS EITHER RENEWED OR IF WE GO OUT WITH A DIFFERENT FIRM, THEY'RE E SPECIFIC THINGS HAD I NOT KNOWN OF IF I HAD NOT GOTTEN EYEBALL DEEP IN THESE PROJECTS.

THAT BEING THE CASE, I WOULD ENDORSE -- I, TOO, WOULD SUPPORT COMMISSIONER SHELL IN THIS PROCESS.

I SAY THAT BECAUSE AT THE END OF THE DAY, I WANT SOMEBODY WHO, WHEN EVALUATING THESE PROPOSALS, HAS HAD TO DEAL WITH THE UPS AND DOWNS OF EACH ONE OF THESE PROJECTS IN THE PAST.

THERE ARE SOME SERIOUS ISSUES WITH MANAGEMENT THAT CAN POP UP.

I KNOW THAT I WOULD NOT FEEL COMFORTABLE MAKING A SELECTION ON ANYTHING RELATED TO, FOR EXAMPLE, I DON'T KNOW, THE WORK THAT YOU DO AS JUDGE IN THE COURTS ITSELF.

AND SO THERE'S A REASON THAT I'VE STEPPED BACK FROM THAT.

I WOULDN'T WANT TO HAVE TOO MUCH INFLUENCE THERE.

THIS IS A CASE WHERE KNOWING WHERE THOSE PITFALLS COULD OR MIGHT OCCUR OR HAVE OCCURRED IN THE PAST IS HELPFUL IN THE SELECTION PROCESS. THAT'S WHY I WOULD DO THAT OR

SUPPORT THAT. >> COMMISSIONER INGALSBE?

>> WELL, I DO THINK IT'S -- I MEAN, COMMISSIONER JONES I THINK, YOU KNOW, SINCE YOU'VE -- AS WAS STATED, YOU ARE CAMPO

[02:50:03]

REPRESENTATIVE, I'M FINE WITH YOU BEING ON THERE.

I GUESS WHEN I WAS LOOKING AT THE AGENDA ITEM, THINKING, WELL, IF THAT PERSON WAS GOING TO BE YOU, THEN WE WOULD HAVE A REPRESENTATIVE FROM THE WESTERN SIDE OF THE COUNTY.

THAT'S JUST KIND OF WHAT I THOUGHT.

NOT KNOWING THAT YOU HAD AN INTEREST, JUDGE.

SO I MEAN, I COULD GO EITHER WAY BUT I THINK IT'S IMPORTANT TO HAVE REPRESENTATION FROM THE WESTERN PART OF THE COUNTY AND HAVING SOMEBODY THAT'S BEEN INVOLVED IN THOSE ROAD PROJECTS.

>> AND NO OTHER HAS BEEN MORE INVOLVED THAN YOU, COMMISSIONER JONES AND YOU'RE OUR CAMPO REPRESENTATIVE.

AND YOU DO STRADDLE THAT WESTERN PART.

AND AS COMMISSIONER SHELL SAID, THESE PROJECTS ARE ACROSS THE COUNTY, AND THAT'S WHY I FIGURED AS THE ONLY COUNTY WIDE REPRESENTATIVE ON THIS BODY I THOUGHT IT WOULD BE A USEFUL PIECE TO HELP LEVEL THE PLAYING FIELD.

THERE AREN'T PICKING WINNERS AND LOSERS AND BEING COUNTY WIDE, I'D LIKE TO BE THERE ALONGSIDE YOU, COMMISSIONER WITH ALL YOUR

EXPERIENCE. >> I APPRECIATE THAT.

>> SO HOW SHOULD WE PROCEED? >> WE NEED A MOTION.

>> JUDGE, I MOVE THAT WE MOVE FORWARD WITH A FIVE PERSON

CELTICS SELECTION COMMITTEE, COG >> SECOND.

>> A MOTION AND SE SECOND, ANY OTHER COMMENTS?

>> CAN I ADD ONE THING TO YOUR MOTION? WITH SCHEDULES AND THINGS AND WITH THE COVID AND EVERYTHING, NAME ONE COURT MEMBER AS AN ALTERNATE IN CASE COMMISSIONER

SHELL -- >> THAT WOULD BE GREAT.

AND AS AN ALTERNATE, SHOULD ONE OF THE COMMISSIONERS BE UNABLE TO ATTEND TO THE DUTIES I NOMINATE JUDGE BECERRA FOR THAT

POSITION. >> THANK YOU.

>> THANK YOU. >> WE HAVE A MOTION AND A SECOND. ANY OTHER COMMENTS?

>> JUDGE, I WAS GOING TO ASK A QUESTION.

I UNDERSTAND THE IMPORTANCE OF FIVE COURT MEMBERS.

I THINK THAT'S -- WE NEED TO DO THAT TO HAVE AN ODD NUMBER.

I WAS GOING TO ASK IS THERE ANYBODY ELSE THAT WE WOULD CONSIDER OTHER THAN TWO MEMBERS FROM THE TRANSPORTATION DEPARTMENT? I THINK JERRY IS IMPORTANT TO BE INVOLVED. I DON'T HAVE ANYTHING AGAINST WYNTON BEING INVOLVED. I THINK HE'S DONE A GREAT JOB IN OTHER PROJECTS THAT WE'VE EVALUATED.

I WAS JUST WONDERING, YOU KNOW, IS THERE ANY OTHER PERSON THAT WE CAN THINK OF TO -- THAT HAS THE KNOWLEDGE TO SPREAD THAT OUT? OUTSIDE OF THE TRANSPORTATION DEPARTMENT. IF NOT, THAT'S FINE.

JUST A QUESTION. >> I DON'T KNOW, I CAN TELL YOU I'VE BEEN -- THIS DOESN'T SAY ANYTHING ABOUT ANYBODY OUTSIDE.

IT'S ALWAYS GOOD TO TALK ABOUT STAFF IN A POSITIVE WAY WHEN THEY'RE NOT HERE. I'VE BEEN SO IMPRESSED AND TRYING TO BE -- I DON'T KNOW ANOTHER WAY TO PUT IT, JERRY, JUST AN ABSOLUTE PROBLEM SOLVER WHEN IT COMES TO IDENTIFYING SOME OF THESE THINGS. I'M NOT SURE, IT'S ALWAYS BEEN WYNTON AND JERRY, I'M NOT SURE, DO YOU HAVE ANY OTHER

SUGGESTIONS, JERRY? >> THIS IS A POSSIBILITY I GUESS.

THIS IS THE ADMIN SIDE. AND SHE HAS BEEN VERY MUCH INVOLVED WITH THE ADMIN WORK.

>> TO THE POINT EARLIER, I KNOW YOU MENTIONED YOU GUYS WOULD OVERSEE THE PROCESS.

HAVE YOU GUYS PARTICIPATED IN THE PAST AS AN INDIVIDUAL. AS WE WERE TRYING TO CLOSE OUT, I WANTED TO ENSURE THE CORRECT FINANCIAL OVERSIGHT IS THERE WHENEVER WE CLOSE OUT THE PROJECT SPIRIT WHEN WE LOOK AT WHERE WE ARE, AND HAVING SOMEONE WITH THOSE FINANCIAL EXPERTISE,

IT MAY BE HELPFUL. >> WE DO HAVE IT IN OUR SYSTEM WHERE WE CAN ENSURE EVERYTHING IS ENCODED TO THE PROJECT. THIS WILL DETERMINE THAT THE SUPPORT IS THERE, BEFORE WE

[02:55:06]

PROCESS PAYMENT. WE DO HAVE MEETINGS, WE JUST DON'T HAVE THE TIME TO BE AS INVOLVED WITH THE PROJECT. WE WANT TO RESPOND TO YOUR REQUEST AS NEEDED.

WE USED TO HAVE MORE TIME BUT WITH THE STAFF INITIATIVE, WE HAVE TO SET OUR PRIORITIES.

>> WHY DON'T WE DO THIS. WHY DON'T WE MOVE FORWARD WITH THE PROCESS, AND THEN IF WE HAVE ANY ADDITIONS TO IT PRIOR TO THE RELEASE, THEN MAYBE WE CAN ADD SOMEONE TO IT IF WE CAN COME UP WITH WHOEVER THAT INDIVIDUAL MAY BE. WILL THAT WORK?

DOES ANYONE HAVE ANY THOUGHTS? >> I AM GOOD WITH THE SELECTION. I JUST THINK IT NEEDS TO BE AN NUMBER. YOU DON'T WANT A LARGE GROUP. I AM GOOD.

WE CAN MOVE FORWARD. >> COMMISSIONER JONES, SINCE THIS IS YOUR AGENDA ITEM, SINCE -- MAYBE I COULD FORWARD IT TO MY OFFICE SO I CAN SEE IT AFTER THE FACT.

THAT IS BETTER THAN NOTHING. >> I DON'T HAVE A PROBLEM WITH IT.

>> NORMALLY, WE WOULD NOT INCLUDE ITEMS THAT WOULD BE EXCLUDED UNDER THE PUBLIC INFORMATION ACT. THIS WOULD BE VALID UNDER 111. I WOULD NOT RECOMMEND IT, YOU WILL BE DELIBERATING ABOUT POLICY MATTERS WHILE YOU'RE ON THERE.

OTHERWISE YOU WILL HAVE IT IN AN OPEN MEETING. >> YOU SAY YOU DO NOT RECOMMEND

THEM FORWARDING ME THE INFORMATION? >> I DON'T RECOMMEND CREATING A RECORD IF IT IS NOT AN OPEN MEETING. YOU WOULD CREATE A RECORD IF YOU

RECORD THE MEETING. >> I AM GUESSING WE WILL BE DOING OUR SCORING SHEETS WE COULD FORWARD THAT TO THE JUDGE'S OFFICE. BUT AGAIN, EVEN WITH THOSE --

>> I AM SORRY. ONE SECOND PLEASE. I'M SORRY MR. KENNEDY.

GO AHEAD. >> MY QUESTION IS THIS BECAUSE I ASKED THE OTHER DAY WE GOT AN AWARD THE OTHER DAY AND I WASN'T PART OF THE SCORING PROCESS I SAW THE RECOMMENDATION, I WAS ABLE TO GET IT BECAUSE I ASKED. I WAS ABLE TO GET WHAT THE SCORE IS WERE BUT UNTIL AN AWARD WAS MADE I COULDN'T SEE THE DOCUMENTATION. I THINK THAT IS PROBABLY THE CORRECT WAY TO GO ABOUT IT. IS THAT CORRECT? DOES NOT MAKE SENSE AS TO WHY IT

HAPPENED THAT WAY? >> I THINK THE AUDITOR WORKS FROM A BEST PRACTICES MANUAL THAT MAKES RECOMMENDATIONS. THE AUDITOR AND I DON'T ALWAYS AGREE ON THOSE THINGS.

ONE DISAGREEMENT WE HAVE, WHICH IS FINE, I DO NOT UNDERSTAND WHY YOU WOULD HAVE A SUBJECT MATTER EXPERT ON YOUR COMMITTEE IF THE OTHER COMMITTEE MEMBERS DON'T FOR ME, THAT DOES NOT MAKE SENSE. THAT IS A POLICY THAT THEY WANT TO IMPLEMENT SO THAT'S FINE.

WE WILL CERTAINLY ADHERE TO IT. >> THE COURT CAN DETERMINE WHETHER THEY WANT SCORING SHEETS FROM EACH MEMBER OR CAN THEY DO AN OVERALL SCORING SHEET? IT REPRESENTS THE WHOLE

COMMITTEE, USUALLY WE HAVE A SCORING SHEET FROM EACH >> YOU DO NOT HAVE TO DETERMINE

THAT NOW, WE WOULD -- >> WE WILL WORK WITH THE AUDITOR'S OFFICE.

>> I WANT TO, EVEN AFTER, I KNOW SOME PEOPLE ARE UNCLEAR ABOUT MEETINGS WITH COURT MEMBERS, SO, THE MOST PEACEFUL ROUTE I CAN THINK OF, JUST RECORD YOUR MEETING AND FORWARD IT TO ME.

IT IS STILL GOVERNMENT WORK AND YOU CAN FORWARD IT TO ME. I ASK THAT YOU WILL DO THAT SO I CAN WATCH WHAT YOU GUYS DID. I AM NOT INFLUENCING IT I JUST WANT TO WATCH IT.

>> I THINK THE POINT HE'S MAKING IF IT IS JUST A SCORING SHEET. >> IF THEY'RE HAVING A CONVERSATION ON VIDEO THEY WILL HAVE MEETINGS AND DISCUSSIONS. I WOULD JUST LIKE TO UNDERSTAND WHAT'S GOING ON WITH THE CONVERSATION TAKING PLACE. CONSIDER IT EDUCATIONAL.

[03:00:04]

>> I WOULD LIKE TO BE OFF OF THE COMMITTEE IF THAT IS THE CASE. >> JERRY, THANK YOU FOR APPROACHING THE PODIUM. WOULD YOU COME BACK I WANT TO ANSWER SOME QUESTIONS.

I'M TRYING TO UNDERSTAND MORE OF THE PROCESS I HAVE ALWAYS DONE ON ALL THINGS AND IT SOUNDS LIKE, I HAVE SAID SOMETHING THAT IS NOT VERY APPEALING AND I'M TRYING TO UNDERSTAND WHY.

CAN YOU EXPLAIN WHY THAT WAS NOT A GOOD IDEA? >> THESE EVALUATIONS ARE INDEPENDENT OF ANY OUTSIDE INFLUENCE. ME PERSONALLY, I WOULD LIKE TO DO MY EVALUATIONS IN PRIVATE. THAT IS SO THERE'S NO UNDUE EFFORT SWAY MY OPINION.

WE GET A PACKET OF INFORMATION FROM EACH OF THE RESPONDENTS, AND THAT IS WHAT WE BASED OUR EVALUATION ON. AND I DON'T THINK ANY PRIVATE CONVERSATION SHOULD BE RECORDED

AND THEN DISTRIBUTED. >> WHAT I'M HOPING FOR JERRY, IS ONLY TWO HAVE ACCESS TO THE CONVERSATION FOR MY UNDERSTANDING, NOT TO CALL PUBLIC ANYTHING YOU SCORED OR SAID, IT IS UP EARLY FOR MY PERSONAL BENEFIT. NOT TO PUBLICIZE.

>> I DON'T KNOW IF THEY WOULD BE AS COMFORTABLE WITH THEIR OPINIONS IF THEY ARE MADE PUBLIC. IS THAT WHAT YOU'RE SAYING JERRY?

>> SAY THAT AGAIN. >> YOU DON'T FEEL COMMITTEE MEMBERS WOULD BE AS COMFORTABLE

WITH THEIR OPINIONS IF THEY ARE MADE PUBLIC? >>)

>> OR THEY DON'T THINK THEY CAN SAY SOME THINGS THEY WANT TO SAY.

>> EVEN IF THERE IS NO INTENT TO MAKE COMMENTS PUBLIC, IT CAN ALWAYS GET OUT.

I AM NOT COMFORTABLE WITH THAT. >> I APPRECIATE THAT AND RESPECT THAT JERRY AND THE TIME YOU HAVE HAD IN YOUR CAPACITY FOR THIS COUNTY. I AM ONLY SEEKING TO BETTER

WITNESS THE PROCESS. HOW DO YOU SUGGEST I DO THAT? >> IF YOU WOULD LIKE TO TALK TO ME ABOUT THINGS, WE CAN HAVE A FACE TO FACE DISCUSSION ABOUT IT.

>> THANK YOU SIR. >> I WOULD LIKE TO ISSUE A WARNING ABOUT, ALL OF THESE PROPOSALS ARE NOT TO BE RELEASED UNTI AFTER COMES TO COURT. WE DON'T WRITE -- WANT ANY INFORMATION TO BE DISCLOSED ACCIDENTALLY. WE SHOULD TAKE THAT INTO

CONSIDERATION AS WELL. >> WOULD SCORING SHEETS WITHOUT NAMES ON IT BE APPROPRIATE?

JERRY? >> SURE. THERE IS NO NAME ON THE SCORING

SHEETS. >> I AM NOT AFTER ANYTHING BUT KNOWLEDGE SEEKING AN UNDERSTANDING. JUST BE MORE FAMILIAR WITH THE PROCESS.

I AM TOTALLY FINE WITH THE WAY& WE HAVE SET UP THE HIRING EFFORT.

JUST SCORED BOTH FOLKS, DO NOT SHOW US THEIR NAMES OR AGE, DON'T SHOW US THEIR GENDER, AND WE DO A REVIEW BASED ON CRITERIA. I AM JUST INTERESTED IN THE WAY WE LEAN INTO HR AND THE PROCESS.

IF YOU HAVE AN RESUME CALL AND THERE ARE TWO COMMISSIONERS PRESENT. THE WAY I UNDERSTAND IT IS, IF I WERE TO LOG ON AND NOT DELIBERATE WITH THE COMMISSIONERS, IT WOULD BE ALLOWED.

THAT IS NO CONTRIBUTION OR CHANCE FOR ME TOO MESS IT UP.

>> THAT IS NOT MY OPINION. >> THAT IS THE OPINION OF TEXAS ASSOCIATION OF COUNTY ATTORNEYS THAT SAYS AS LONG AS WE ARE NOT DELIBERATING, A THIRD COURT MEMBER COULD SIT IN AND JUST OBSERVE. SO, I DON'T WANT US TO NEEDLESSLY PUT OURSELVES IN A POSITION WHERE WE ARE VULNERABLE FOR LACK OF UNDERSTANDING. VERY OFTEN WE HAVE CITY AND COMMUNITY PEOPLE AT THE PODIUM, AND THEY ARE SHARING VERY VALID

[03:05:01]

CONCERNS WITH US, BUT IT IS JUST BECAUSE OF THEIR VANTAGE POINT.

IF WE WERE TO ENHANCE THEIR UNDERSTANDING OF AN ITEM, THEN THERE WOULD BE NO MORE CONCERN OR LESS CONCERN.

I THINK THE IDEA OF, OUR GENERAL COUNSEL HERE AT THE MOMENT, HE DOES NOT ADVISE I SAID IN A VIEWING CAPACITY AND IT IS CONTRARY TO ANOTHER BODY OF ATTORNEYS.

JUST TO BE A PEACEFUL WITNESS IS WHAT I SEEK TO DO.

YOU SEE OUT MUCH TIME I DEDICATED TO THE EFFORT.

I FIND IT UNFORTUNATE AS OF BEING A BODY TO OPERATE THAT WAY. I JUST WANT TO SEE TRANSPARENCY.

DO WE HAVE A MOTION ON THE FLOOR? WILL YOU PLEASE CALL THE ROLL. (ROLL CALL).

>> WILL YOU PLEASE OPEN AGENDA ITEM NUMBER, I THINK WE ARE ON

[21. Discussion and possible action to authorize the County Judge to execute Change Order No. 1 with LJA Engineering, Inc. to provide Right-of-Way Acquisition services for the Darden Hill/Sawyer Ranch Road Intersection Roundabout project in Precinct 4 as part of the Hays County 2016 Road Bond Program and authorize a discretionary exemption per Texas Local Government Code Ch. 262.024(a)(4). SMITH/BORCHERDING]

NUMBER 21. >> DISCUSSION AND POSSIBLE ACTION AUTHORIZING COUNTY JUDGE TO EXECUTE CHANGE ORDER NUMBER ONE WITH LJ A ENGINEERING INC. TO PROVDE ACQUISITION SERVICES FOR THE RANCH ROAD INTERSECTION PROJECT AND PRECINCT AS PART OF THE 2016 ROAD BOND PROGRAM AND AUTHORIZED A CODE FOR CHAPTER

262-84. >> WE HAVE A MOTION AND A SECOND PERIOD IF YOU LOOK AT THE BACKGROUND MATERIALS THIS IS SPECIFIC TO WHAT WE HAD IN NEGOTIATING AND DISCUSSING SOME OF THAT ACQUISITION RELEVANT TO LAND OWNERS TO MOVE THIS PROJECT ALONG IN A TIMELY FASHION IN ORDER TO GET IT OPEN AND CONSTRUCTED PRIOR TO AUGUST. THIS WAS A SLIGHT CHANGE THAT

NEEDED TO BE MADE. >> NO COMMENTS, PLEASE -- PLEASE CALL THE ROLL. (ROLL CALL).

[22. Discussion and possible action to approve Amendment #1 to the Agreement for a Local On-System Improvement Project between Hays County and the Texas Department of Transportation (TxDOT) for the US 290 at Henly Loop project and authorize the County Judge to execute the Amendment #1 to the Agreement for a Local On-System Improvement Project on behalf of Hays County. SMITH/BORCHERDING]

>> PLEASE OPEN 22. >> DISCUSSING A POSSIBLE ACTION TO APPROVE AMENDMENT NUMBER ONE TO THE AGREEMENT FOR LOCAL ON SYSTEM IMPROVEMENT PROJECT BETWEEN HAYS COUNTY AND THE DEPARTMENT OF TRANSPORTATION AND THE HINDLEY LOOP PROJECT AND AUTHORIZED THE COUNTY JUDGE FOR A NEW AGREEMENT OF AN IMPROVEMENT PROJECT ON BEHALF OF HAYS COUNTY.

>> SO MOVED. >> SECOND PERIOD.

>> WE HAVE A MOTION AND A SECOND PERIOD COMMENTS ARE.

>> NEXT UP'S EAR. IT WAS INCLUDED IN THE ROAD BOND. WE ARE LOOKING FORWARD TO COMPLETION. THIS IS ONE OF THE SAFETY IMPROVEMENT PROJECTS. THE OTHER BEING ON MARTIN ROAD.

>> THERE WE GO. PLEASE CALL THE ROLL.

(ROLL CALL). >> PLEASE OPEN 23.

[23. Discussion and possible action to authorize the County Judge to execute Supplemental Work Authorization No. 1 to Work Authorization No. 1 with Binkley & Barfield, Inc. for surveying services for the Windy Hill Safety Improvements project in Pct. 2. JONES/BORCHERDING]

>> DISCUSSION OF POSSIBLE TO HAVE THE COUNTY JUDGE AUTHORIZED SUPPLEMENTAL WORK TO WORK AUTHORIZATION NUMBER ONE FORT SURVEYED SERVICES FOR THAT WENDY IS SAFETY IMPROVEMENT PROJECT.

>> JUDGE, I JUST WANT TO GIVE THE COURT MEMBERS A LITTLE HISTORY ON THIS PROJECT. THEY WERE NOT HERE, WINDY HILL WAS THE LAST PROJECT NOT TO MAKE THE BOND.

IT WAS $20 MILLION AND WE COULD NOT FIT IT IN.

SINCE THEN, OVER THE LAST THREE YEARS, WE HAVE PUT MONEY TOWARDS DOING THAT PROJECT WITH THAT HOUSE.

THIS IS JUST A CONTINUATION. I THINK THIS IS THE FOURTH SEGMENT OF WHAT WE HAVE BEEN TRYING TO DO ON WINDY HILL.

>> PLEASE CALL THE ROLL. (ROLL CALL).

[24. Discussion and possible action to accept fiscal surety for the construction of street and drainage improvements for in the amount of $1,045,394.00 for Driftwood Golf and Ranch Club, Phase Two Subdivision (Bond # 1001130669). JONES/BORCHERDING]

>> PLEASE OPEN 24. >> 24 POSSIBLE ACTION TO A SUB PHYSICAL SURETY FOR STREET AND DRAINAGE IMPROVEMENTS, AND THE AMOUNT OF $1,045,000 FOR THE DRIFTWOOD GOLF RANCH CLUB, PHASE TWO SUBDIVISION ON NUMBER ( INDISCERNIBLE ).

>> SO MOVED. >> SECOND PERIOD.

>> THIS IS A PROJECT BEFORE 1826.

IT HAS GONE DORMANT FOR A LITTLE WHILE BUT PICK BACK UP HERE THEY ARE MOVING A LOT OF DIRT RIGHT NOW.

I THINK WE HAVE STAFF RECOMMENDATION FOR THIS ALSO.

>> PLEASE CALL THE ROLL. (ROLL CALL).

[25. Discussion and possible action the authorize the County Judge to execute a Interlocal Agreement (ILA) and Memorandum of Understanding (MOU) between Hays County and the City of San Marcos related to Right of Way transfer and transportation at the San Marcos Regional Airport in connection with the FM 110 construction project. INGALSBE]

[03:10:06]

>> PLEASE OPEN 25. >> DISCUSSION POSSIBLE ACTION TO AUTHORIZE THE COUNTY JUDGE TO HAVE BEEN INTERLOCAL AGREEMENT BETWEEN HAYS COUNTY AND THE CITY RELATED TO THE RIGHT OF WAY TRANSPORTATION AT THE SAN MARCUS REGIONAL AIRPORT IN CONNECTION

WITH THE PROJECT. >> SO WE HAVE BEEN WORKING ON THIS PROJECT FOR SEVERAL YEARS JUDGE.

THIS IS THE LAST SEGMENT WHICH IS THE NORTH SECTION WHICH RUNS FROM HIGHWAY 80 THROUGH. THE INTERLOCAL AGREEMENT IN THE BOOK LAYS OUT THE RESPONSIBILITIES OF EACH ENTITY.

SOME OF THOSE HIGHLIGHTS INCLUDE THE DEDICATION OF RIGHT OF WAY FROM THE CITY AND THE DEPARTMENT OF LABOR.

WE WANT TO CONTINUE THE COLLABORATION WITH DOL AND THE CITY ON THE LOCATION AND FUNDING SOURCES, WE -- THIS WILL ALSO INCLUDE CONSTRUCTION OF A PARKING LOT, GUARDHOUSE AND GAIT IN CONSIDERATION OF THEIR DEDICATION OF RIGHT OF WAY.

DO YOU HAVE ADDITIONAL INFORMATION?

>> I WOULD ONLY ADD, THAT THE GUARDHOUSE PARKING LOT, THE GUARD GATE, THIS NEW ENTRANCE WAS REQUESTED BY THE DEPARTMENT OF LABOR EVEN THOUGH THE PROJECT WOULD NOT INHIBIT THEIR CURRENT ENTRANCE INTO THE JOB CORPS SITE.

IT IS SIMPLY A PREFERENCE OF THEIRS, I GUESS THAT COULD CHANGE AS WE CONTINUE TO TALK. WE ARE STILL WAITING ON THEIR DEDICATION OF RIGHT-OF-WAY AND THIS IS INHIBITING THAT.

THIS IS AN EFFORT TO GET THE LAST LAND OWNER TO HAVE THE RIGHT-OF-WAY FOR THE AREAS THAT MAKE THIS UP.

WE NEED THAT RIGHT-OF-WAY SO THIS IS AN EFFORT TO ACHIEVE

THAT. >> I APPRECIATE THE COMMENTS.

WE HAVE BEEN WORKING FOR A VERY LONG TIME.

IT HAS BEEN DIFFICULT. THE FEDERAL GOVERNMENT, THEY ARE DEALING WITH MEN MANY THINGS. I KNOW JANICE HAS BEEN WORKING WITH THE REPRESENTATIVE FOR THE DOL.

IT IS GREAT TO GET THIS GOING. WE ARE SCHEDULED FOR JULY OR AUGUST. THE SCHEDULE SLIPPED A LITTLE BIT IT WAS SUPPOSED TO BE JUNE. BUT WE ARE HOPING BY JULY OR AUGUST WE CAN DO THIS AGAIN. THIS IS THE LAST SEGMENT THAT WILL NEED TO BE CONSTRUCTED. WE ARE WORKING ON THE MIDDLE SECTION. WE HAVE THESE SECTIONS DONE.

THE MIDDLE SECTION SHOULD BE COMPLETED THIS SPRING.

WE WILL JUST HAVE THE NORTH SECTION.

>> WE ARE GETTING A LOT OF GOOD THINGS FROM IT, WELL DONE.

PLEASE CALL THE ROLL. (ROLL CALL).

[36. Discussion and possible action to review and approve a preliminary Hays County budget calendar for Fiscal Year 2022. BECERRA/VILLARREAL-ALONZO]

>> PLEASE OPEN 36. >> 36 DISCUSSION POSSIBLE ACTION TO REVIEW AND APPROVE A PRELIMINARY HAYS COUNTY BUDGET

CALENDAR FOR FISCAL YEAR 2022. >> SECOND PERIOD.

>> WE HAVE A MOTION AND A SECOND PERIOD PLEASE CALL THE ROLL.

(ROLL CALL). >> PLEASE OPEN 38.

[38. Discussion and possible action to award TxCDBG Administrative Services to Langford Community Management Services, Inc. and authorize staff and General Counsel to negotiate a contract. SHELL/T.CRUMLEY]

10:30 EIGHT, DISCUSSION POSSIBLE ACTION TO AWARD TX ADMINISTRATIVE SERVICES TO LANGFORD COMMUNITY MANAGEMENT SERVICES AND AUTHORIZED STAFF TO NEGOTIATE A CONTRACT.

>> I SECOND IT. >> I HAVE A PACKET FOR THIS, THIS EVALUATION IS DONE ACCORDING TO STANDARD SO YOU WILL SEE SOME DIFFERENT FORMS. THIS IS WHAT THE STATE REQUIRES.

THERE WERE TWO RESPONDENTS, LANGFORD COMMUNITY MANAGEMENT SERVICES, THE EVALUATION TEAM, AND THE TRANSPORTATION AND MYSELF. WE PULLED IT OUT AND THE SCORE IS WERE TALLIED AND PRESENTED ON PAGE 30.

IN THE SELECTION IT WAS LANGFORD COMMUNITY MANAGEMENT SERVICES

[03:15:01]

WITH A SCORE OF 96.66 VERSUS 93.674 TRAILER AND ASSOCIATES.

>> ANY QUESTIONS COMMISSIONERS? PLEASE CALL THE ROLL.

(ROLL CALL). >> PLEASE OPEN 39.

>> 39 DISCUSSION POSSIBLE ACTION TO EXECUTE A CONTRACT FOR RFP, TRAFFIC COUNTER INSPECTION AND MAINTENANCE BETWEEN HAYS COUNTY AND J ENGINEERING FOR CONTRACTS PROCURED BY THE HAYS COUNTY

PURCHASING DEPARTMENT. >> SO MOVED.

>> WE HAVE A MOTION AND A SECOND PERIOD ANY QUESTIONS OR COMMENTS PLEASE CALL THE ROLL. (ROLL CALL).

>> WE HAVE THREE EXECUTIVE SESSION ITEMS AND WE STILL HAVE

[EXECUTIVE SESSIONS]

ANOTHER AGENDA ITEM OPEN FOR DISCUSSION.

THAT IS 41 THROUGH 43 IF YOU WILL PLEASE OPEN THOSE.

>> 41 EXECUTIVE SESSION PURSUANT TO THE SESSIONS OF THE TEXAS GOVERNMENT CODE CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING EMPLOYMENT AND DUTIES OF THE ADMINISTRATIVE ASSISTANT POSITION IN THE OFFICE OF THE HAYS COUNTY JUDGE POSSIBLE ACTION AND OR DISCUSSION MAY FOLLOW IN OPEN COURT.

ACCORDING TO EXECUTIVE SESSION PURSUANT TO ( INDISCERNIBLE ) OF THE TEXAS GOVERNMENT CODE CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING EMPLOYMENT AND DUTIES OF THE HAYS COUNTY CHIEF OF STAFF POSITION POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

FORTY-THREE EXECUTIVE SESSION PURSUANT TO SESSIONS ( INDISCERNIBLE ) OF THE TEXAS GOVERNMENT CODE CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING EMPLOYMENT AND DUTIES OF ALL POSITIONS IN THE HAYS COUNTY DEVELOPMENT SERVICES OFFICES POSSIBLE DISCUSSION OR ACTION MAY FOLLOW IN OPEN COURT.

>> IF YOU ARE NOT DIRECTLY TIED TO AGENDA ITEM

>> WE ARE BACK FROM EXECUTIVE SESSION.

I DID NOT REALIZE WE HAVE ONE OF OUR COMMISSIONERS HERE.

>> IF YOU WOULD LIKE TO MOTION ON 41.

I WANT TO UPDATE THE JOB DESCRIPTION FOR THE ADMINISTRATIVE ASSISTANT AS PRESENTED AND MOVE THE PAY IN THE RANGE OF 110 TO THE 50TH PERCENTILE.

>> WE HAVE A MOTION AND A SECOND >> WHERE WILL THE ADDITIONAL PAY

COME FROM? >> SALARY SAVINGS OR HOW ABOUT, SALARY SAVINGS FROM THE CHIEF OF STAFF POSITION.

>> WE HAVE A MOTION WITH DIRECTION.

ANY OTHER COMMENTS. PLEASE CALL THE ROLL.

(ROLL CALL). >> ONE MORE MOTION FOR 43.

DOES ANYONE HAVE THAT ONE CLICKS A NEW DESIGNATION.

>> I WILL MAKE THE MOTION TO NAME THE NEW ADMINISTRATOR.

>> TO NAME THE NEW ADMINISTRATOR AS ERIC V.

>> BEAUTIFUL. WE HAVE A MOTION.

AND A SECOND. PLEASE CALL THE ROLL.

(ROLL CALL). >> COMMISSIONER JONES IS GOING

[03:20:04]

SO I ENTERTAIN A MOTION TO ADJOURN.

>> WE ACTUALLY HAVE A LEGISLATION PIECE.

WE HAVE ONE MORE PIECE. I ALMOST FORGOT THE LEGISLATION.

WE WILL GO BACK TO THE ITEM WE LEFT OPEN WHICH IS -- I'M SORRY.

[40. Discussion and possible action related to proposed bills in the 87th Regular Session of the Texas Legislature, including but not limited to consideration of a bill proposing to create an additional District Court within Hays County; and to consider adoption of resolution(s) regarding proposed bills. The Court may opt to withdraw to Executive Session during this item to consult with legal counsel pursuant to Texas Government Code 551.071. SMITH]

IT IS NUMBER 40. YOU ARE CORRECT.

WE WERE TALKING ABOUT NUMBER 40, AND THE GENERAL COUNSEL AS

PRINTED. >> MR. KENNEDY.

I AM SORRY, DO YOU MIND READING THE RESOLUTIONS OF THE VIEWING PUBLIC CAN UNDERSTAND WHAT WE WILL VOTE ON.

>> WHAT IF YOU READ IT. YOU ARE A MAGNIFICENT READER.

WE HAVE IT COVERED MR. KENNEDY. THANK YOU.

>> 40. RESOLUTION OF THE HAYS COUNTY COMMISSIONERS COURT IN SUPPORT OF THE CREATION OF A DISTRICT COURT WITHIN HAYS COUNTY. WHEREAS DESPITE THE LIMITATION OF EFFICIENCIES HAYS COUNTY CONTINUES TO EXPERIENCE STEADY POPULATION GROWTH AND BURDENS ON CRIMINAL AND CIVIL CASELOADS.

WHEREAS THE NUMBER OF DISTRICT COURT IS INSUFFICIENT TO MEET CURRENT NEEDS. WHERE THE JUDGES HAS VOICED SUPPORT FOR THE CREATION OF COURTS TO ASSIST AND RELIEVING THE BURNS ON CASELOADS. WHEREAS THE HAYS COUNTY COMMISSIONERS COURT FINDS, IT ISN'T THE BEST BEST INTERESTS OF THE CITIZENS TO CREATE ONE ADDITION WITHIN HAYS COUNTY.

NOW, THEREFORE BE IT RESOLVED THAT THE COMMISSIONERS COURT OF HAYS COUNTY HEREBY SUPPORTS AND REQUESTS THE CREATION OF A NEW JUDICIAL DISTRICT COURT FOR HAYS COUNTY DURING THE 87TH LEGISLATIVE SESSION. BE IT FURTHER RESOLVED, THE FOREGOING RECITALS ARE HEREBY FOUND TO BE TRUE AND ACCURATE FINDINGS OF THE COMMISSIONERS COURT OF HAYS COUNTY, TEXAS.

AND BE IT FURTHER RESOLVED THAT THIS RESOLUTION WAS DULY CONSIDERED AND APPROVED AT A MEETING OF THE WAYS COUNTIES COMMISSIONERS COURT AND FURTHER RESOLVED THAT THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY FROM AND AFTER ITS ADOPTION IN ACCORDANCE WITH LAW. PASS AND APPROVE THE 30TH DAY

OF MARCH, 2021. >> THANK YOU SO MUCH.

WE HAD A MOTION AND A SECOND, AND A DISCUSSION.

MR. KENNEDY ADDED SOME LINES AND I DON'T KNOW IF THERE IS ANYTHING ELSE. I THOUGHT THE WAY IT WAS WRITTEN, I THOUGHT IT WAS BIG ENOUGH TO ALLOW US FLEXIBILITY THAT YOU HAD CONCERNS AND INTERESTS.

I FEEL HAPPY THAT WE ARE SAYING, PLEASE INCLUDE US AND WE ARE HAPPY TO DO IT AND THE ARTICULATIONS ARE STILL IN THE

COURTS AND SPIRIT SO, -- >> DO HAVE AN OPPORTUNITY TO PROVIDE GUIDANCE ON EFFECTIVE DATA, IS THAT ANYTHING ELSE WE

ARE CONSIDERING? >> I ALSO BELIEVE THAT, IF WE WOULD CONSIDER LEAVING IT AS IT IS, WE COULD HAVE EFFECTIVELY, OUR EFFORTS BASED ON OUR FUNDING.

THEY COULD NOT FUNCTION WITHOUT FUNDING FROM US.

I THOUGHT WE WOULD HAVE THE SAFEGUARD TO MAKE SURE IT WOULD

NOT TAKE OFF WITHOUT US. >> I JUST WANTED TO KNOW IF WE

DON'T GIVE A DATE. >> I THINK IF THEY CREATE IT, THE -- AT THAT POINT WE WOULD HAVE TO BE OPERATIONAL.

WE JUST NEED TIME TO PREPARE THE FUNDING.

I DON'T KNOW THE PROPER TIMING AND I DON'T KNOW IF IT IS SET IN STONE AND IT CAN ALWAYS BE TWEAKED.

THE LAST TIME, WITH THE STATE FISCAL YEAR COINCIDED.

IT MAY HAVE BEEN THE END OF THE ACTUAL YEAR.

I WAS THINKING UNTIL SEPTEMBER 1, 2022.

THAT WILL GIVE US THIS BUDGET SEASON TO GET THAT PUT IN.

>> HE LEANED INTO THE MICROPHONE, DID YOU WANT TO ADD

SOMETHING SIR? >> I DON'T WANT TO INTERRUPT BUT I THINK AS A GENERAL, AND JUDGE YOU WERE INQUIRING WHAT I WOULD INCLUDE. I THINK AS A GENERAL RULE WITH LEGISLATION, WE HAVE TO RECOGNIZE THE LEDGE IS NOT AN ASCETIC ENVIRONMENT. IF YOU WANT A RESOLUTION APPROVED BY THIS COURT, WHETHER GOING FORWARD, THROUGH THIS SESSION, I WOULD RECOMMEND ATTACHING THE DRAFT LEGISLATION

[03:25:05]

YOU CAN SUPPORT GENERALLY AN IDEA BUT IF YOU DON'T GET INTO THE DETAILS AND SAY WE SUPPORT THIS, YOU COULD END UP WITH A MAJORITY OF IT NOT SUPPORTING WHAT IS DRAFTED.

KEEP THAT IN MIND. >> SO, TO INCLUDE AN EFFECTIVE DATE AND YOU SUGGEST SEPTEMBER 1?

>> THE STATE BUDGET FOR THINGS. THE LAST TIME WE THOUGHT IT GAVE US AN ADVANTAGE AND OTHERS MAY WANT TO ADD ON AT THE END.

( INDISCERNIBLE ) AND NOT HAVING TO COMMIT TO THE TWO OF THEM.

I DON'T KNOW. >> IF WE COULD, I THOUGHT ABOUT IT AND THEREFORE IT BE RESOLVED. AND THE EFFECTIVE DATE FOR THE

COURT DATE TO BE SEPTEMBER 1. >> PLEASE CALL THE ROLL.

(ROLL CALL). >> NOW WE HAVE A FEW OTHER ITEMS NESTLED WITHIN THAT AGENDA ITEM. COMMISSIONER SMITH, WOULD YOU

LIKE TO CONTINUE. >> AS WE GO DOWN THE LIST, FORGIVE ME, I JUST LOST THE E-MAIL.

>> THAT IS WHAT HAPPENS WHEN YOU HAVE TWO COMPUTERS.

>> IF WE LOOK AT HB 37, WHAT I WOULD LIKE TO DO, AS I

MENTIONED, LOOK AT. >> I KNOW THERE ARE SOME QUESTIONS THAT I WOULD LIKE ANSWERED.

HB 37. >> WE ACTUALLY DISCUSS THIS IN THE PROCESS. I THINK THIS IS SOMETHING THAT I WOULD LIKE TO COME BACK AND HAVE A LOOK AT, AS FAR AS A SPECIFIC

RESOLUTION. >> I CERTAINLY AGREE.

THAT WAS A LOT OF THE COMMENTS I RECEIVED DURING THE PROCESS AS WE HELD MEETINGS ACROSS THE COUNTY.

WHY CAN'T THEY HAVE THE SAME PROCESSES THAT WE HAVE TO GO THROUGH AS A COUNTY, AND TO GIVE MORE NOTIFICATION TO RESIDENTS, THAT THIS COULD POSSIBLY HAPPEN. I CERTAINLY SUPPORT THAT.

>> I AGREE. >> I WILL TAKE THAT DIRECTION.

>> THE REPRESENTATIVE SAID SHE WILL FOLLOW-UP THE LEGISLATION BECAUSE IT IS IN PARTICULAR INJURY -- INTEREST.

I WOULD LIKE TO FIND OUT ADDITIONAL INFORMATION.

IT IS THAT HIGH PRIORITY FOR THE CITY AND I HOPE THEY SUPPORT IT.

>> I AGREE. >> HB-242 THE LEGISLATION WOULD REQUIRE THE GAS COMPANIES FOR THEM TO SUBMIT A WATER POLLUTION PLAN. SHE FILED THIS LEGISLATION IN RESPONSE TO THE PIPELINE. IT HAS COME TO THE PART OF THE HILL COUNTRY WITH PROTECTIONS WHICH WERE FIRST ESTABLISHED.

SHE BELIEVES THE PIPELINES WERE NOT CONSIDERED BECAUSE THE NEW ONE HAD NOT COME THROUGH REQUIRING OIL AND GAS COMPANIES

TO SUBMIT AN. >>

>> THIS IS WHERE I WOULD TELL YOU ABOUT THE LANGUAGES.

>> ONCE WE SEE THE DOCUMENT, THAT'S RIGHT.

>> HB-298 AS PART OF HILL COUNTRY PRESERVING THE COMMUNITIES IN THE DISTRICT. SEVERAL OF WHICH ARE

[03:30:03]

INTERNATIONAL AND THE LEGISLATION ALLOWS CITIES TO EXTEND THE ORDINANCE TO ETJ. SHE SAID THEY ARE WORKING ON OTHER LEGISLATION FOR A FEW COMMUNITIES IN THE DISTRICT.

AGAIN, I HAVE SOME REAL CONCERNS WITH REACHING OUT AND OFFERING THAT ADDITIONAL ZONING AUTHORITY WITHIN THE EBJ WHICH IS IN THE PURVIEW OF THE COUNTY WITHOUT THE MUNICIPALITIES OFFERING TO DO THE SAME THING. PERLY I WOULD WANT TO TAKE A HARD LOOK AT THIS BEFORE I WOULD GUARANTEE -- AND THAT'S RIGHT, THE DETAILS, AND I AGREE WITH THAT AND I THINKTH VERY MUCH A PART OF TRYING TO PROTECT KIND OF THE NATURE AND THE QUALITY OF LIFE AND SO I DEFINITELY SUPPORT IT AS COMMISSIONER SMITH MENTIONED DETAILS, I WOULD ALSO WANT TO SO THE SUPPORT OF AT LEIGH THE CITY OF WIMMERLY TO LET THEM KNOW THAT THEY ARE DEALING WITH THIS TYPE OF AUTHORITY FIRST OF ALL AND HOW THEY WOULD NEED THAT AUTHORITY UNDERSTANDING TO BE ABLE TO ENFORCE THAT, I'D LIKE TO HEAR IF WHAT THEY BELIEVE WOULD BE REQUIRED OF THEM, HOW THEY WOULD TAKE THAT AUTHORITY ON AND RESPONSIBLY AND REASONABLY DEAL TO MANAGE IT.

>> HB-1512 WOULD GRANT AUTHORITY TO HAYS COUNTY COMMISSIONER INSTEAD OF THE TEXAS DEPARTMENT OF TRANSPORTATION FOR BILLBOARDS AND UN-INCORPORATED AREAS BE AROUND FARM TO MARKET ROADS AND RANCH TO MARK ROADS. IT WOULD ALLOW HAYS COUNTY TO DETERMINE WHERE BILLBOARDS MAKE SENSE AND WHERE THEY DON'T FOLLOWING A NUMBER OF BILLBOARDS, APPEARING ALONG RURAL ROADS AND AREA AREAS OF HAYS COUNTY AND I WILL TELL YOU THAT WE HAVE SUPPORTED SIMILAR LEGISLATION IN THE PAST, AND THIS WAS ACTUALLY A PIECE OF LEGISLATION THAT WAS WORKED ON AND DRAFTED ALONG WITH THE HELP OF THE DRIFTWOOD HISTORIC CONSERVATION SOCIETY. AND AGAIN, WE HAVE SUPPORTED THIS IN THE PAST AND THIS IS A NEW WAY TO TRY TO SKIN THE SAME CAT OR TO GO AFTER IT. I WOULD BE WILLING TO NOT ONLY SUPPORT THIS, BUT I WILL WORK TO DRAFT A RESOLUTION TO BRING BACK, SHOULD WE WANT TO SUPPORT THAT.

>> I'M SUPPORTIVE. >> I'M SUPPORTIVE.

>> HB-2422, IT WOULD ALLOW THE COUNTY COMMISSIONERS IN FAST-GROWING COUNTIES THE AUTHORITY TO REGULATE THE LOCATION OF NEW QUARRIES AND OTHER AGGREGATE PRODUCTION OPERATIONS. MANY COUNTIES SUCH AS HAYS STRUGGLE WITH RAPID DEVELOPMENT WHICH LEADS TO APOS SETTING UP THEIR BUSINESSES AND PLANNED DEVELOPMENTS.

THESE OPERATIONS INCLUDE ACTIVITIES SUCH AS ROCK CRUSHING AND BLASTING THAT CREATE NOISE AND ARE QUALITY CONCERNS FOR NEARBY COMMUNITIES AS WELL AS HEAVY VEHICLE TRAFFIC ON RESIDENTIAL ROADS. IN THESE FAST-GROWING AREAS, COMMISSIONERS NEED MORE AUTHORITY IN SITING THESE HIGH IMPACT AREAS. VERY SPECIFIC TO THE ZONES.

I CAN'T SPEAK FOR THE REST OF THE COMMISSIONERS OR FOR ANYBODY ELSE FOR THAT MATTER, BUT I CAN TELL YOU THAT MY PRECINCT, I HAVE AGGREGATE FACILITIES THAT HAVE MOVED IN TO RESIDENTIAL NEIGHBORHOODS AND PRODUCING A GATE PRAYSES AND CRUSHING OPERATIONS IN BETWEEN HOMES AND FOR ME, I'M NOT AN OVERBURDENSOME REGULATORY SUPPORTER IN THE LEAST BUT I DO BELIEVE IN SMART ZONING AND I BELIEVE WE AS A COUNTY SHOULD HAVE SOME TYPE OF AUTHORITY. THIS

* This transcript was compiled from uncorrected Closed Captioning.