May 11, 2021 Regular

[00:00:04]

>> THOSE WITH SENSITIVE EARS, PLUG YOUR EARS GOOD MORNING.

[CALL TO ORDER]

THIS MORNING'S INVOCATION WILL BE LED BY OUR VERY OWN CHAPLAIN MONDANA DO. PLEASE ALL RISE.

>> LET US PRAY. LOVING GOD AND SUSTAINER OF ALL, THIS MORNING WE LIFT UP OUR COMMITTEE COMMISSIONER COMMISSIONER TO SPEAK TO THEM AS THEY LISTEN TO OUR COMMUNITY AND ONE ANOTHER. GUIDE EVERY ACTION TAKEN OVER EVERY ITEM ON TODAY'S AGENDA THAT THEY MAY BE A BLESSING TO OUR COUNTY AND EVERY RESIDENT. AND AFTER ALL IS DONE TODAY, WE ASK THAT YOU CONTINUE TO BLESS AND KEEP OUR COMMISSIONERS, OUR JUDGE, AND THEIR LOVED ONES AND WE PRAY, AMEN.

I PLEDGE ALLEGIANCE TO TEXAS, ONE STATE UNDER GOD, ONE

INDIVISIBLE. >> WELCOME TO THE OUT BOX.

>> THANK YOU. .IT

IT IS GOOD TO BE HERE. >> PLEASE CALL THE ROLL.

>> DEBBIE INGALSBE: HERE. >> MARK JONES: HERE.

>> LON SHELL: HERE. WALT SMITH HERE.

>> JUDGE BECERRA: HERE. WE WILL BEGIN WITH PUBLIC

[PUBLIC COMMENTS]

UNFORTUNATELY NO ACTION MAY BE TAKEN BY THE COURT AS WE ARE EXPECTED NOT TO RESPOND. ANY QUESTIONS ARE TAKEN AS RHETORICAL. ALL COMMENTS ARE COMMENTS OF SPEAKER AND NOT MEANT TO BE NECESSARILY CONSTRUED AS TRUTH.

PLEASE KEEP YOUR COMMENTS AND LANGUAGE CIVIL OR YOU WILL FORFEIT THE REMAINDER OF YOUR TIME.

OUT OF THE SPIRIT OF RESPECT, PLEASE SILENCE YOUR CELL PH PHONES. FIRST UP TO SPEAK IS MR.

MICHAEL LEE. >> THANK YOU FOR OPPORTUNITY AND PRIVILEGE OF SPEAKING WITH YOU -- SPEAKING BEFORE YOU TODAY. FIRST OF ALL, I WANT TO THANK YOU FOR WHAT YOU DO. AND I WANT TO THANK YOU FOR WHAT YOU DO IN TERMS OF ESTABLISHING JUSTICE.

YOU -- YOU SUPPORT -- YOU BACK -- WHAT I DO EVERY SECOND.

I DO IT EVERY OPPORTUNITY THAT I CAN.

I WANT TO THANK YOU WHAT YOU DO IN TERMS OF TRYING TO ESTABLISH A PUBLIC DEFENDER OFFICE AND WHAT YOU DO THE PROGRAM WHICH I PARTICIPATE IN. THAT PROGRAM THAT I HOPE YOU WILL FIND A WAY TO CONTINUE WITH PROVIDES COUNSELING PEOPLE FIRST APPEAR WITH BEFORE THE MAGISTRATES THAT.

BEN MOORE AND BURNS AND DIXON DO A GREAT JOB IN TERMS OF PROVIDING THE OPPORTUNITY FOR PEOPLE FIRST ARRESTED TO BE FREED FROM JAIL. I PARTICIPATE IN THAT PROGRAM.

AS AN ATTORNEY WITH ALMOST 45 YEARS OF EXPERIENCE, IT MAY SEEM ODD THAT I BACK THE BLUE AND -- AND PROVIDE COUNSEL TO THOSE AGAINST THE BLUE. BUT TO ME, BACKING THE BLUE AND PROVIDING COUNSEL TO THOSE AGAINST THE BLUE IS CONSISTENT, BECAUSE BACKING THE BLUE AND PROVIDING COUNSEL TO THOSE AGAINST THE BLUE MAKES BOTH OF THEM BETTER.

THOSE IN THE BLUE SERVE ALL OF US WITHOUT REGARD TO RACE, CREED OR COLOR AND PROVIDE ESSENTIAL SERVICE TO US.

I BELIEVE THAT THE KEY FOR ALL OF US IS THIS THING THAT I CARRY A POCKET COPY OF, THE CONSTITUTION, WHICH IS THE GUIDING DOCUMENT FOR ALL OF US, FOR ME, YOU, AND ALL CITIZENS.

IT WOULD BE NICE IF ALL OF US WERE NICE.

AND IF ALL OF THIS WAS NOT NECESSARY, BUT MEN ARE NOT N NICE. AND IT WOULD BE NICE IF JUST BECAUSE THIS WAS WRITTEN BY PEOPLE WHO HAPPEN TO NOT BE BLACK, DOES NOT MEAN THIS IS A RACIST DOCUMENT OR THIS IS A RACIST NATION. WRITING WAS INVENTED BY PEOPLE WHO HAPPEN NOT TO BE -- WHO HAPPENED NOT TO BE WHITE, BUT THEY WERE ON THE OTHER SIDE OF THE OCEAN, AND IT SHOULD NOT BE HELD AGAINST PEOPLE WHO ARE WHITE THAT THE DOCUMENT

[00:05:02]

LIVES MATTER. ALL LIVES MATTER.

NOT JUST BLACK LIVES. BLACK LIVES ARE NOT MADE MORE IMPORTANT BECAUSE WE APPEAR MORE IN TV AND COMMERCIALS NOW.

IT'S ALMOST AS THOUGH WHITE L LIES DON'T MATTER NOW BECAUSE I DON'T SEE THEM ON TV. AS MUCH AS I DID BEFORE.

BUT WITH THAT BEING SAID, I HOPE THAT YOU WILL CONTINUE THE STRONG EFFORT THAT YOU HAVE MADE IN TERMS OF ESTABLISHING JUSTICE AND WILL CONTINUE TO SUPPORT THOSE PROGRAMS SUCH AS THE PUBLIC DEFENDER AND THE CAFA PROGRAM.

THE PROGRAM IS SET TO EXPIRE IN WHY YOU WILL.

THE CAFA PROGRAM WE HAD A LOT OF ATTORNEYS TO SIGN UP AND EXPIRED AND A LOT OF THEM DROPPED OFF.

I AM SORRY I EXCEEDED MY TIME. AND THANK YOU.

>> JUDGE BECERRA: THANK YOU VERY MUCH.

THE NEXT SPEAKER IS MR. DAN LYON.

>> THANK YOU, JUDGE BECERRA. I WILL BE SPEAKING ON AGENDA ITEMS 10 AND 11 ALSO. GOOD MORNING, JUDGE BECERRA AND COMMISSIONERS, BY NOW I BELIEVE THAT MOST OF US RECEIVED OUR PROPOSED PROPERTY VALUATIONS FROM THE CENTRAL APPRAISAL DISTRICT. I HAVE GOOD NEWS AND BAD NEWS TO REPORT. THEY ARE MAKING MANY OF US MILLIONAIRES. BUT THE BAD NEWS IS THAT YOU WILL NEED TO SELL YOUR PROPERTY AT A SUBSTANTIAL LOSS JUST TO PAY THE TAXES. I WOULD LIKE TO ENCOURAGE EVERY PROPERTY TAX OWNER IN HAYES COUNTY TO FILE A PROTEST WITH THE HAYES COUNTY CENTRAL APPRAISAL DISTRICT.

MONDAY MAY 17 IS THE LAST DAY TO FILE YOUR PROTEST.

THIS PAST YEAR DESPITE RECORD PROPERTY VALUATIONS, YOU, THE COMMISSIONERS COURT UNANIMOUSLY VOTED TO RAISE THE TAX RATE.

IN A YEAR THAT YOU RECEIVE MILLIONS IN COVID FUNDING, YOU DECIDED TO ADD TO THE HEAVY BURDEN OF THE ALREADY OVERBURDENED PEOPLE OF HAYES COUNTY THIS YEAR PROPERTY VALUATIONS ARE OFF THE CHART. ARE YOU FINALLY GOING TO LOWER THE TAX RATE? HOW ABOUT THE AFFECTED TAX RATE? ONE OF THE REASONS YOU WON'T LOWER RATES THAT YOU AND THE PREDECESSORS ON THE COURT HAVE FILED UP A $722 MILLION DEBT. WHAT IS THE REAL AGENDA HERE? I BELIEVE THERE ARE PEOPLE YOU DEAL WITH THAT WOULD LOVE TO TAKE PROPERTY FROM CITIZENS FOR THEIR OWN PURPOSES.

AND YOU WITH YOUR SPENDING INTENDED OR NOT ARE PLAYING RIGHT INTO THEIR HANDS. IF YOU PEOPLE CAN'T PUT TOGETHER A BUDGET WHICH HAYES COUNTY CAN'T AFFORD AND LIVE WITH, YOU SHOULD STEP DOWN N NOW.

LET'S GET TO THE DISBURSEMENTS HERE.

WE HAVE BURNETT COUNTY, COMAL COUNTY, FT. BEND COUNTY, GUADELUPE COUNTY, WE PAY THEM COLLECTIVELY $204,000 -- $ $204,305 JUST FOR THE MARCH AND INMATE HOUSING FROM THE JAIL.

WE GOT PVS OF TEXAS, MAY 2021 JANITORIAL SERVICE FOR SHERIFF.

ONE MONTH, MIND YOU, $432.55. I BELIEVE THAT EQUATES TO OVER $50,000 A YEAR JUST TO CLEAN THE INVOLVES.

AND GOLDEN OIL COMPANY WIPER BLADES AND $318.60.

ADVANCED AUTO PARTS TIE ROD ENDS.

WE HAVE RED HEAD AUTO PARTS, 1085.18.

THIS HAPPENS EVERY MONTH. THANK YOU VERY MUCH.

>> JUDGE BECERRA: THE NEXT SPEAKER MR. RODRIGO AMAYA.

>> THANK YOU, JUDGE, COMMISSIONERS COURT.

SEVERAL COMMENTS CITIZENS HAVE MADE TO ME AS I VISIT WITH THEM AROUND THE COUNTY. THEY ARE NOT VERY HAPPY WITH THE ATTENTION THAT YOU GIVE THE TEACHERS WHEN WE COME UP HERE TO SPEAK. THEY THINK MOSTLY YOUR ACTIONS ARE VERY DISRESPECTFUL. JUST WANTED TO CONVEY THAT.

TITLE 6 OF THE CIVIL RIGHTS ACT OF 1964.

THE DEPARTMENT OF JUSTICE IS STARTING TO WITHDRAW FUNDING GRANTS TO AGENCIES THAT THEY FEEL ARE NOT OPERATING APPROPRIATELY. SO IF YOUR AGENCY IS FOUND TO BE BIASED OR PERFORMING UNSATIFACTORY, THE DOJ IS

[00:10:01]

AND A COUPLE OF WEEKS BACK, THE SHERIFF'S OFFICE CAME UP HERE ABOUT THAT GRANT. JUST SOMETHING TO THINK ABOUT.

LAWSUITS. HONORABLE JUDGE MILLIE THO THOMPSON'S LAWSUIT. WHY? STATUTE IS WRITTEN. DESERVES A COORDINATOR, ADMINISTRATOR, WHATEVER YOU WANT TO CALL IT.

ALL THE POLITICAL GAMES CAUSING US MORE MONEY ON LEGAL FEES.

THE OTHER THING LEGAL FEES AGAIN MR. MARK BRISTOL KENNEDY HAVE FAILED THE COUNTY $1.5 MILLION IN THE LOST PINES WATER DEAL. WHY IS HE STILL EMPLOYED? IN ADDITION, YOU KNOW, THE LAWSUITS THAT HAVE BEEN COMING IN THAT ARE REPEATEDLY ON THE LOSS-RUN REPORT THAT HE HAS BEEN RESPONSIBLE FOR IS NOT JUST AN ISOLATED INCIDENT ONE TIME. LAST WEEK WHEN WE WERE OUT HERE, YOU KNOW, HE REPEATEDLY GETS UP, WALKS AWAY, DOESN'T EVEN PAY ATTENTION, REPEATEDLY WHEN ASKED FOR LEGAL GUIDANCE HE IS SUPPOSED TO KNOW WITH RULES FROM THE STATE BAR, COMPETENT, PROMPT AND PREPARED, ALL I HEAR IS I BELIEVE, I DON'T KNOW. THOSE ARE ALL RESPONSES THAT ARE -- THAT ARE VERY DOUBTFUL. THEY ARE NOT CONFIDENT, YOU KNOW. I STRONGLY ENCOURAGE YOU ALL TO START LOOKING FOR SOMEONE ELSE WHO IS MORE QUALIFIED TO HANDLE OUR LEGAL FEES -- OUR LEGAL BUSINESS.

YOU KNOW PRECINCT 1 COMMISSIONER.

BY PRECINCT 1 CONSTABLE IN THE LOSS RUN FOR HARASSMENT CHARGES. AGAIN, THEY ARE OUT RUNNING AROUND WILD. YOU HAVE THE AUTHORITY TO REMOVE, CHANGE OR CREATE JPS AND CONSTABLES EXERCISING.

YOU OUGHT TO SEE THESE FOLKS RUNNING AROUND IN THE COMMUNITY ACTING LIKE THEY WALK ON WATER, YOU KNOW.

YOU NEED TO PUT CALM THAT DOWN BECAUSE IT IS GOING TO GET OUT OF HAND. WIMBERLY WITH FORMER CONSTABLE RAY HELM. A LOT OF MATERIAL COMING UP THAT HAS CONCERN. MOST OF THEM ARE WORRY.

YOU TURN A BLIND EYE. BUT THE GOLDEN RULE IS, IF YOU KNOW ABOUT IT, YOU ARE JUST AS RESPONSIBLE AS THE PERSON.

>> JUDGE BECERRA: THANK YOU, MR. AMAYA, THAT CONCLUDES OUR

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

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

POSSIBLE DISCUSSION AND ACTION MAY FOLLOW.

>> JUDGE BECERRA: SOME OF YOU MAY BE FOLLOWING, THE EMERGENCY USE AUTHORIZATION HAS BEEN EXTENDED FOR PFIZER FOR 12 AND OLDER AND AWAITING DISCUSSION FROM THE STATE OF HOW TO PROCEED. I HAVE BEEN, OF COURSE, IN IMMEDIATE CONTACT WITH CAM CAM TAMMY AND MIKE JONES OF THOSE IN THE AGE BRACKET. A CALL-IN WITH THE STATE TODAY.

WE HAVE A VACCINATION CLINIC ON THURSDAY AT DUNBAR AND WE HAVE EVERY HOPE THAT WE WILL RECEIVE INFORMATION IN A TIMELY MANNER THAT THAT COULD BE THE VERY FIRST VACCINATION FOR 12 AND OLDER FOR HAYS COUNTY. NO MATTER WHAT KNOW THAT WE ARE STAYING ON THE PULSE OF EVERYTHING FROM FEDERAL AND STATE AND WE CONTINUE TO VACCINATE WITH OUR PUBLIC AND PRIVATE PARTNERS AND WE HAVE MADE GREAT STRIDES AND I AM VERY GRATEFUL THAT WE ARE STARTING TO SEE THE MASK MANDATES MODIFIED, THE -- THE RULES FROM CDC ON EVEN INDOOR NOW IS STARTING TO SHIFT. AND SO THAT IS IN GREAT PART BECAUSE OF THE TEMPERATURE OF WHAT IS GOING ON, THE NUMBERS COMING IN, ETC. AND SO MIKE JONES, I DID LEAVE EVERYTHING OUT? APPROACH THE PODIUM.

>> MIKE JONES: MIKE JONES, OFFICE OF EMERGENCY SERVICES.

JUST ADD THAT WE TAKEN CARE OF OUR HOMEBOUNDS THAT CALLED 8 833-521-2766 NUMBER. AND I WOULD ENCOURAGE ANYONE WHO HAS OR KNOWS OF ANYBODY WHO IS A SHUT-IN TO CALL THAT NUMBER TUESDAY THROUGH THURSDAY FROM 12-4:00, AND WE WILL SCHEDULE THEM FROM SAN MARCOS HAYS PARTNERS TO COME OUT AND GET THE VACCINE. THE 22ND OF THIS MONTH, THERE WILL BE ANOTHER CLINIC THAT WILL BE OPENING UP FROM 10 UNTIL 3:00 TO SATISFY ANYBODY HOLES MAY NEED A VACCINE AND LIKE YOU SAID JUDGE, THE 12 TO 15-YEAR-OLD CROWD IN THERE TOO.

>> JUDGE BECERRA: JUST REMEMBER DUNBAR IS 5 P.M. TO 10 P.M. TO MOST TO COMPLETELY ADDRESS THOSE THAT HAVE

[00:15:04]

AND CAN'T GET OUT EARLY ENOUGH. AND SO THE DUNBAR EVENT, WHICH HAS BEEN ROBUSTLY SUPPORTED BY THE DUNBAR HERITAGE ASSOCIATION, THANK YOU, WILL GO CONTINUE TO FROM 5 P.M. TO 10 P.M. THIS THURSDAY. ANY QUESTIONS OR COMMENTS,

COMMISSIONERS? >> I HAVE A QUESTION.

MIKE, ARE WE RUNNING THE SHOTS AT THE HAYS ADMIN BUILDING? WE HAVE A BILLBOARD AND FLASHING SIGN THEY WILL DO VACCINATION NO APPOINTMENT NEEDED 14TH ON THE ADMIN

BUILDING. >> MIKE JONES: YES, SIR.

THANK YOU FOR BRINGING THAT UP. AT THE HCISD TRANSPORTATION BUILDING, ONE OF OUR PARTNERS WILL BE OPENING THEIR CLINICS WEDNESDAY, THURSDAY AND FRIDAY THIS WEEK THEY WILL BE OPEN OUT THERE TO THE CITIZENS FROM 11 UNTIL 7:00.

>> JUDGE BECERRA: A GREAT POINT THAT YOU SAY "PRIVATE PARTNERS." WE ARE DEPENDENT HEAVY ON PRIVATE PARTNERSHIPS, PRIVATE COMPANIES TO COME IN AND HELP US. WE WERE NEVER EQUIPPED AS A COUNTY, AS A COUNTY HEALTH DEPARTMENT TO HANDLE A PAN PANDEMIC. I MEAN, IT IS JUST HONESTY, RIGHT. TO BE READY FOREVER FOR SOMETHING LIKE THIS WOULD HAVE BEEN UNREALISTIC.

AND SO WE DEPEND HEAVY ON THE PRIVATE ORGANIZATIONS TO -- FROM THE VERY BEGINNING FROM TESTING TO MASKING AND NOW TO VACCINATIONS. SO, YES, THANK YOU FOR BRINGING THAT UP, MR. JONES. ANY OTHER COMMENTS OR QUES QUESTIONS? THANK YOU VERY..

[Items 2 - 4]

THREE, APPROVE PAYMENT OF UNITED HEALTH CARE CLAIMS. FOUR, APPROVE THE PAYMENT OF THE MAY 15, 2021 PAYROLL DISBURSEMENT IN AMOUNT NOT TO EXCEED $3,100,000 EFFECTIVE MAY 14, 2021 POST TOTALS FOR WAGES, WITHHOLDINGS AND DEDUCTIONS AND BENEFITS ON THE HAYS COUNTY WEB SITE ONCE FINALIZED.

>> SO MOVED. >> MARK JONES: YES.

>> SMITH: YES. >> JUDGE BECERRA: YES.

[5. Authorize the Jail to utilize savings within the Office of the Governor, Preparedness & Prevention COVID-19 Grant to purchase janitorial supplies and amend the budget accordingly. INGALSBE/CUTLER]

>> LON SHELL: YES. OPEN NUMBER FIVE.

>> TO AUTHORIZE THE JAIL TO UTILIZE SAVINGS WITH THE OFFICE OF THE GOVERNOR, PREPAREDNESS AND PREVENTION COVID-19 GRANT TO PURCHASE JANITORIAL SUR MILES AN AMEND THE BUDGET

ACCORDINGLY. >> SO MOVED.

>> SECOND. >> JUDGE BECERRA: A MOTION AND A SECOND. ONE INDIVIDUAL SIGNED UP TO

SPEAK MR. RODRIGO A MAYA. >> JUDGE, COURT, ON THIS ITEM, AGAIN, I URGE TO YOU PLEASE UTILIZE CAUTION.

YOU KNOW, SHERIFF REPUTATION THAT AGENCY HAS COMING UP HERE.

I KNOW THE GOVERNOR HAS PROPOSED SOME KIND OF LEGISLATION TO PUNISH SOME MUNICIPALITIES OF DEFUNDING POLICE AGENCIES AND STUFF LIKE THAT.

BUT, AGAIN, USE CAUTION. THERE IS A LOT OF WHAT I HAVE IDENTIFIED AS MISUSE OF OUR COUNTY FUNDS.

THE REASON I SAY THAT IS, YOU KNOW, IT'S CONCERNING TO ME.

I SEE ALL THESE TRUSTEES THAT CAN CUT THE GRASS, BUT FOR SOME REASON WE PAY SOMEONE TO CUT THE GRASS FOR A JAIL.

IT IS AN OVERCROWDED JAIL. I KNOW I SEE A BUNCH OF FOLKS OUT THERE THAT ARE QUALIFIED TO CUT THE GRASS.

SOMETHING AS SIMPLE AS NOT BEING DONE, YOU KNOW.

THAT IS ONE OF THE THINGS I IDENTIFIED.

SOME OF THE OTHER THINGS. I KNOW SOME OF YOU ALL STATED THAT YOU LIKE TO SHOP LOCALLY. WHY NOT USE THE LOCAL PRODUCE TO PROVIDE THE PRODUCE FOR THE JAIL --

>> SORRY TO INTERRUPT. A GRANT FOR JANITOR RALE

SUPPLIES. >> THANK YOU, JUDGE.

>> JUDGE BECERRA: DR. CARDENAS, PLEASE CALL THE ROLL.

>> LON SHELL: YES. >> DEBBIE INGALSBE: YES.

>> COMMISSIONER SMITH: YES. >> JUDGE BECERRA: AS LONG AS

[Items 6 & 7 ]

>> 6, UTILITY UTILITY PERMITS. SEVEN, AUTHORIZE THE EX-CAUTION OF AMENDMENT NUMBER 2 OF THE YOUTUBE STATE WITHIN THE DEPARTMENT OF STATE HEALTH SERVICES.

>> SO MOVED. >> SECOND JUDGE YUJZ CALL THE

ROLE. >> DEBBIE INGALSBE: YES.

[00:20:01]

>> COMMISSIONER SMITH: YES. >> LON SHELL: YES.

[8. Amend various departmental operating, special revenue and capital project budgets in preparation for Fiscal Year 2021 mid-year financial reporting. INGALSBE/VILLARREAL-ALONZO]

>> JUDGE BECERRA: YES. NUMBER 8.

>> AMEND VARIOUS DEPARTMENTAL OPERATIONAL SPECIAL REVENUE AND CAPITAL PROJECTS FOR FISCAL YEAR 2021.

A MOTION AND A SECOND. >> JUDGE BECERRA: MR. RODRIGO AMAYA SIGNED UP TO SPEAK TO IT IN OUR BUDGET.

>> WE NOTICED A PATTERN. WE NEED SOME OF THE FOLKS TO SIT AROUND AND DISCUSS THE COUNTY BUSINESS WEEKLY OTHER THAN AMENDMENTS TO VARIOUS DEPARTMENTS, ONE OF THE THINGS THAT IS HEAVILY DISTURBING TO IS A.

WHY IT WASN'T DONE DURING THE WORKSHOPS AND DONE THERE.

IT NEEDS TO BE DONE RIGHT THERE AND THEN.

THAT RIGHT THERE ISER A US IS INDICATE THEIR SOMEONE IS NOT DOING -- SERIOUS INDICATOR THAT SOMEONE IS NOT DOING THEIR JOB.

IF SOMEONE IS NOT DOING WHAT WE ARE SUPPOSED TO, WHAT ARE YOU DOING TO MAKE SURE THAT THAT DOESN'T HAPPEN AGAIN.

WE NEED TO MAKE SURE WE HAVE ACCOUNTABILITY AND SHOULD HAVE HAPPENED MANY MOONS AGO. BETTER LATE THAN NEVER.

WE HAVE NOTICE THIS PATTERN JUST LIKE CERTAIN ITEMS BEING TURNED IN WITHOUT BUDGET COUNTY POLICIES BEING FOLLOWED.

THANK YOU. >> JUDGE BECERRA: THANK YOU, MR. AMA YA. WOULD YOU LIKE TO ADDRESS THE AMENDMENTS? WE CAN START WITH BROAD.

MY HOPE IS THAT YOU WILL START WITH A BROAD HIGHLIGHTING OF WHAT IT REPRESENTS AND THEN WE CAN ENGAGE ANY QUESTIONS OR

COMMENTS BY THE COMMISSIONERS. >> WELL, I THINK A BROAD ANSWER IS THAT WE HAVE SEVERAL CAPITAL PROJECTS, FOR EXAMPLE.

OUR ROAD AND BRIDGE FUNDS OR OUR BOND FUNDS FOR CAPITAL FUNDS. WHEN WE PREPARE A BUDGET WE PREPARE CONTRACTS THAT WE KNOW WE ARE AWARE OF AND PLACE THEM IN ONE LINE ITEM. WHEN WE DO FINANCIAL REPORTING WE CAN'T JUST LEAVE THEM IN ONE LINE ITEM.

WE HAVE TO SPECIFICALLY SAY IF IT WAS A CAPITAL, ENGINEERING EXPENSE, RIGHT-OF-WAY EXPENSE, UTILITY ALLOCATION.

WHAT THIS -- MOST OF THIS BUDGET AMENDMENT SO WE CAN -- WE CAN MOVE THE BUDGET FROM THE ORIGINAL BIER IN RECOGNIZE CATEGORY AND PUT IT INTO -- GENERIC CATEGORY AND PUT IT INTO THE SPECIFIC CATEGORIES AND FEED INTO OUR REPORT AND GENERAL LINE ITEMS. SO WE DON'T BRING THAT EVERY WEEK. WE GO AHEAD AND WE DO IT -- WE LIKE TO DO IT QUARTERLY BUT WITH JUST HAVING FINISHED OUR ANNUAL REPORT WE WILL DO IT MIDYEAR AND THAT'S WHAT YOU WILL SEE AS FAR AS IF THERE IS A LOT OF CAPITAL CONSTRUCTION LINE ITEMS BECAUSE WE ARE MOVING FROM THE GENERIC LINE ITEM INTO THE INDIVIDUAL ITEMS. AS WE GO THROUGHOUT THE YEAR SOME OF THE CONTRACTS THAT WE HAVE, WE DON'T KNOW WHERE WE ARE AT, IF WE ARE GOING TO, YOU KNOW, HAVE MORE WORK ON ENGINEERING OR MORE WORK ON PROJECT BUILDING.

WE WILL -- ONCE WE SEE THOSE EXPENSES AND THOSE INVOICES COMING IN WE WILL ESTIMATE AND MOVE THE FUND INTO THE

APPROPRIATE GENERAL LINE ITEMS. >> JUDGE BECERRA: FURTHER GRANULATING THE USE JUST TO RECAP.

>> YES. YOU WILL SEE LONGEVITY IS ONE THAT IS REPEATED DURING THE BUDGET.

IT IS CALCULATED AND WE HAVE INDIVIDUALS COME AND GO AND TRANSFER TO THE DEPARTMENTS. THOSE NUMBERS CAME FROM THE TREASURY OFFICE. AND PAID OUT LONGEVITY AND TIME TO TRUE UP AND PUT THOSE SALARY EXPENSES PLACED ON THE LINE ITEM AND HAVE TO MOVE THE BUDGET OVER.

>> JUDGE, THESE ARE ALL WITHIN THE APPROVED BUDGETS THAT WE AS A COURT APPROVES. NO ADDITIONAL MONEY BEING REQUESTED. ALL WITHIN --

>> THE ONLY ADDITIONAL REVENUES THAT ARE HIGHLIGHTED IN THIS IF WE GOT A CLIENT REVENUE. WHICH IS NORMALLY IN OUR LAST BUDGET AMENDMENT AND GO AND INCREASE REVENUE AND CERTIFIED BY MY OFFICE THAT THE GRANT APPLICATION WAS APPROVED FOR THAT SPECIFIC REVENUE AND AMINLD THAT REVENUE IN AN ADDITIONAL EXPENDITURES THAT THE GRANT APPROVED.

>> JUDGE BECERRA: PERFECT, AND SINCE COMMENTS AND CONCERNS ARE BROUGHT UP, IT IS GREAT THAT WE SHARE THE INFORMATION AND JUST TO RECAP, THE AGENDA ITEM IS CAPTURING GENERAL DESCRIPTIONS AND AS THEY GET SPENT, PUTTING THEM IN PLACES THAT ARE MORE DESCRIPT I HAVE IT AND PROPERLY ALLOCATED.

AND THERE ARE WITHIN OUR BU BUDGETED -- BUDGET CYCLE.

AND THE ONLY THINGS THAT WE ARE ADDING AT THIS POINT ARE GRANT

[00:25:01]

PRETTY GOOD SUMMARY? >> YES.

>> JUDGE BECERRA: THANK YOU, PLEASE CALL THE ROLE.

>> COMMISSIONER SMITH: YES. >> MARK JONES: YES.

>> LON SHELL: YES. >> DEBBIE INGALSBE: YES.

>> JUDGE BECERRA: YES. PLEASE OPEN NUMBER 9.

[9. Authorize the execution of Amendment No. 4 to the General Land Office (GLO) Contract No. 18-421- 000-B130 Community Development Block Grant Disaster Recovery Program Housing Projects Non- Research & Development 2015 Flood Allocation. BECERRA/T.CRUMLEY]

>> 9, AUTHORIZE THE EXECUTION OF AMENDMENT NUMBER 4 TO THE GENERAL LAND OFFICE CONTRACT NUMBER 18-421-000-B 130 COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY PROGRAM HOUSING PROJECTS NONRESEARCH AND DEVELOPMENT 2015 FLOOD

ALLOCATION. >> SO MOVED.

>> SECOND. >> JUDGE BECERRA: A MOTION AND SECOND. IF NO COMMENTS.

PLEASE CALL THE ROLE. >> MARK JONES: YES.

>> DEBBIE INGALSBE: YES. >> LON SHELL: YES.

>> COMMISSIONER SMITH: YES. >> JUDGE BECERRA: YES.

[10. Discussion and possible action to authorize the County Judge to execute Change Order No. 1, time extension, to the Professional Services Agreement between Hays County and Cobb, Fendley & Associates, Inc. for Right-of-Way services on the RM 967 Safety Improvements project in Precinct 2 as part of the Road Bond Program. JONES/BORCHERDING]

PLEASE OPEN NUMBER 10. >> 10, DISCUSSION AND POSSIBLE ACTION TO AUTHORIZE THE COUNTY JUDGE TO EXECUTE CHANGE ORDER NUMBER 1, TIME EXTENSION, TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN HAYS COUNTY AND COBB, FENDLEY AND ASSOCIATES FOR RIGHT-OF-WAY SERVICES ON THE RM 967 SAFETY IMPROVEMENTS INCREASING AS PART OF THE ROAD BOND PROGRAM.

>> SO MOVED. >> SECOND.

>> JUDGE BECERRA: A MOTION AND A SECOND AND TWO INDIVIDUALS SIGNED UP TO SPEAK. FIRST IS MR. DAN LYON.

>> JUST, JUDGE BECERRA. I READ THE BACKUP ON THIS AND LOOKS LIKE COBB, FENDLEY AND ASSOCIATES WANT 100 ADDITIONAL DAYS TO COMPLETE THE WORK THAT THEY APPARENTLY SIGNS A CONTRACT WITH THE COUNTY TO DO. AND, BOY, AREN'T THEY GENEROUS.

THEY ARE NOT GOING TO CHARGE US ONE PENNY MORE.

ISN'T THAT GREAT? WE SHOULD BE CHARGING THEM FOR EACH DAY THAT THEY HAVEN'T FINISHED THE PROJECT WHICH THEY HAVE AGREED TO FINISH. WHAT KIND OF A LAWYER WOULD NEGOTIATE A CONTRACT LIKE THIS. NOW I HAVE HEARD OTHER PEOPLE GET UP HERE AND TALK ABOUT HOW THE COUNTY ATTORNEY IS NOT DOING HIS JOB. I CERTAINLY DON'T WANT TO JUMP ON TOP OF SOMEBODY AND -- YOU KNOW, BUT APPARENTLY HE IS NOT.

AND THIS IS EASY. NO.

NO. NOT ONLY NO, BUT ABSOLUTELY N NOT. WE SHOULD NOT GIVE THEM ONE MINUTE MORE WITHOUT CHARGING THEM FOR NOT FULFILLING THEIR CONTRACT. THANK YOU VERY MUCH.

OH, I JUST WANT TO SAY YOU ALL AREN'T GOING TO GIVE ME ADDITIONAL 100 DAYS TO PAY MY TAXES.

WHY SHOULD WE GIVE ADDITIONAL TIME.

THANK YOU. >> JUDGE BECERRA: THANK YOU, MR. DAN LYON. I SEE A ONES A IF THERE ARE TWO FOR THE AGENDA ITEM BUT I DON'T SEE NUMBER TWO.

SORRY? BUT THERE IT IS.

OUR SECOND SPEAKER ON THIS AGENDA ITEM, MR. RODRIGO

AMAYA. >> JUDGE, COURT, ONCE AGAIN, A PATTERN WE HAVE IDENTIFIED THAT ALL THESE EXTENSIONS WITHOUT NO CONSEQUENCES. I REMEMBER A WHILE BACK WHEN GARDENER WAS HERE TALKING OF THE CERTAIN CONTRACT AND THEY DIDN'T LOOK BEYOND THE OTHER SIDE OF THE ROOF, SO THE COUNTY WAS HAVING TO PAY ADDITIONAL MONEY FOR SOMETHING THAT WAS OVERLOOKED. WELL, WHY HAVE YOU ALL NORMALIZED THIS KIND OF BUSINESS PRACTICE? THIS HAS RESULTED IN THE CONSEQUENCES AND CONTRIBUTED TO IT THE $722 MILLION IN DEBT. BORCHERDING IS USUALLY THE HIRING OF THIS STUFF IN ADDITION TO THE ATTORNEY.

WHAT ARE THE CONSEQUENCES FOR THIS? WHAT ARE YOU GOING TO DO TO FIX THIS? IT IS NOT GOOD PRACTICE, AND WE AS A COUNTY DO NOT APPRECIATE THIS. 100 MORE DAYS AND THEY ARE NOT GOING TO COST US. WHO IS GOING TO PAY US FOR THE INCONVENIENCE? WHO IS GOING TO PAY US FOR THE VEHICLES THAT ARE BEING DAM DAMAGED? YOU KNOW. THE SUSPENSION.

ALL KIND OF REROUTINGS, ALL KIND OF STUFF.

WHO IS GOING TO PAY FOR ALL THAT? YOU NEED TO START HOLDING THESE INDIVIDUALS RESPONSIBLE AND TAKE APPROPRIATE DISCIPLINARY ACTION UP TO TERMINATION IMMEDIATELY. THANK YOU.

>> JUDGE BECERRA: THANK YOU, MR. AMAYA.

[00:30:03]

>> MARK JONES: THE 967 IMPROVEMENT PROJECT TO ALMOST TO RUBY RANCH. ORIGINALLY THIS PROJECT WAS OUR BOND PROJECT FROM 1626 TO OAK FOREST.

AFTER THE PROJECT WAS -- WAS APPROVED, WE WERE ABLE TO GET ADDITIONAL FUNDING FROM TXDOT FOR SAFETY IMPROVEMENTS FROM OAK FOREST TO RUBY RANCH AND ADDITIONAL TIME AND MORE PA PARCELS TO CLEAR AND MORE LIENS TO TAKE CARE OF.

BARRY DID I LEAVE ANYTHING OUT? STILL, -- STILL WITHIN THE CONTRACT THAT WE HAD WITH COBB FENDLEY.

MARK, YOU WANT TO ADD ANYTHING THE WORK WITH NO ADDITIONAL

COST. >> JUDGE BECERRA: WE RECEIVED EXTRA SUPPORT THROUGH THE FINANCIAL ARM OF TXDOT AND THESE FOLKS ON THE GROUND ARE DOING WORK AND ALL THEY ARE DOING IS A LITTLE MORE TIME TO DO THE NEW WORK.

SUMMARY. IS THAT A GOOD SUMMARY?

>> ALSO DURING THIS PROJECT TXDOT DECIDED THEY NEEDED MORE ENVIRONMENTAL WORK DONE AND THAT WAS PART OF THE DELAY A

ALSO. >> JUDGE BECERRA: ANY OTHER QUESTIONS OR COMMENTS? PLEASE CALL THE ROLL.

>> COMMISSIONER SMITH: YES. >> MARK JONES: YES.

>> LON SHELL: YES. >> DEBBIE INGALSBE: YES.

>> JUDGE BECERRA: YES. PLEASE OPEN NUMBER 11.

[11. Discussion and possible action to authorize the County Judge to execute Change Order No. 1, time extension, to the Professional Services Agreement between Hays County and BGE, Inc. for the RM 12 Safety Improvements near the intersection of Mountain Crest and Skyline Drive project in Precinct 3 as part of the 2016 Road Bond Program. SHELL/BORCHERDING]

>> 11, DISCUSSION AND POSSIBLE ACTION TO AUTHORIZE THE COUNTY JUDGE TO EXECUTE CHANGE ORDER NUMBER 1, TIME EXTENSION, TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN HAYS COUNTY AND BGE, INC. FOR THE RM 12 SAFETY IMPROVEMENTS NEAR THE INTERSECTION OF MOUNTAIN CREST AND SKYLINE PROJECT AS PART OF

THE 2016 ROAD BOND PROGRAM. >> SO MOVED.

>> SECOND. >> JUDGE BECERRA: A MOTION AND SECOND AND TWO SIGNED UP TO SPEAK.

FIRST UP MR. DAN LYON. >> THANK YOU VERY MUCH JUDGE BECERRA. I LISTENED TO YOUR EXPLANATION ON THAT. AND THE QUESTION COMES UP, SHOULDN'T THE CONTRACTOR DO THE WORK THAT THEY HAD MADE AN AGREEMENT TO DO WITHIN THE TIME ALLOTTED.

AND THEN IF ADDITIONAL FUNDS CAME UP FOR MORE WORK TO DO, THEN WE WOULD RENEGOTIATE ANOTHER CONTRACT WITH THEM? OR MAYBE, YOU KNOW -- I AM NOT A LAWYER -- THIS MAN IS A LAWYER. I HAVE EVERY SEEN REAL FLASHY BRILLIANCE, BUT THAT IS JUST MY PERSONAL OPINION, NEITHER HERE NOR THERE, BUT MAKES SENSE TO ME THAT YOU WOULD HOLD THEM TO THE CONTRACT THAT THEY ORIGINALLY SIGNED AND THEN NEGOTIATE ANOTHER CONTRACT AND BASICALLY, ALSO, YOU PROBABLY WOULD HAVE TO PUT IT UP FOR BIDS AGAIN.

BUT YOU ALL MENTIONED NOTHING ABOUT THAT.

ALL RIGHT, NOW LET'S GET ON BGE.

THEY WANT AN ADDITIONAL 689 DAYS.

ARE YOU JOKING? IS THIS ANOTHER ONE OF THESE DEALS WHERE SOMEBODY HAS GOT ADDITIONAL FUNDS AND MAYBE THEY NEED TO DO MORE STUDIES ON THE BLACK CAP OR CHIEF WARBLER OR THE BLIND SALAMANDER. IT IS BEGINNING TO SOUND PRETTY FISHY TO ME. I DON'T KNOW WHAT IS GOING ON HERE. I AM THINKING WE ARE OPENING OURSELVES UP TO LAWSUITS FROM SOME OF THE ROAD CONSTRUCTORS THAT DIDN'T GET THE JOB. SO ANYWAY, I THINK WE HAVE GOT SOME SERIOUS THINGS TO CONSIDER HERE.

THANK YOU VERY MUCH. >> JUDGE BECERRA: NEXT SPEAKER

IS MR. RODNEY COAMAYA. >> JUDGE, THE OTHER COMMON DENOMINATOR IN THE AGENDA ITEMS IS THE USE OF EUPHEMISMS WHEN EXPLAINING SOME OF THESE AGENDA ITEMS, SAFETY IMPROVEMENTS.

ENVIRONMENTAL STUDIES. ALL JUST EUPHEMISMS, NICE WAY OF SAYING THINGS THAT ARE INCOMPETENCE.

WHERE ARE THE CONSEQUENCES? I STRONGLY URGE YOU, AGAIN, TO CONSIDER ASSIGNING INDIVIDUALS THAT ARE QUALIFIED.

689 DAYS OF INCONVENIENCE TO THE COUNTY.

689 DAYS. CONTRACTS.

SERVICE AGREEMENT BETWEEN THE HAYS COUNTY HOURS AND HOURS.

[00:35:05]

AND IT IS TIME CONSUMING. A LOT TO DISCUSS.

PLEASE AGAIN EXPECT DEMAND THAT THE INDIVIDUALS INVOLVED IN THESE PROJECTS ARE QUALIFIED. DON'T DO WHAT YOU NORMALLY DO AND JUST SIDE WITH THE IF YOU WILL STAFF RECOMMENDATION.

DON'T DO THAT. HAVE SOME RESPECT FOR THE TAXPAYERS. THANK YOU.

>> JUDGE BECERRA: THANK YOU, MR. AMAYA.

COMMISSIONER SHELL. >> LON SHELL: THANK YOU, MOUNTAIN CREST AND SKYLINE. THE PROJECT THAT THE COUNTY HAS CONTRACTED WITH BGE TO DO WAS PRELIMINARY ENGINEERING REPORT ON IMPROVEMENTS THAT COULD BE MADE AT THAT INTERSECTION.

SO THAT IS ON A STATE ROAD. I THINK THE PREVIOUS ITEM WAS ALSO A STATE ROAD, 967. WE DON'T HAVE TO DO ANYTHING.

THERE IS NO REQUIREMENT FOR THE COUNTY TO DO ANYTHING ON A STATE ROAD. WE CAN SIT THERE AND WATCH A SCHOOL GETS BUILT TO INCREASE TRAFFIC AT A DANGEROUS INTERSECTION AND DO ABSOLUTELY NOTHING.

OR WHAT WE CHOSE TO DO IS HIRE AN ENGINEERING FIRM TO SEE WHAT IMPROVEMENTS CAN BE MADE TO HANDLE THE INCREASED TRAFFIC IN THE FUTURE. THOSE IMPROVEMENTS WHEN THEY GOT STARTED LOOKING AT THEM WOULD REQUIRE RIGHT-OF-WAY ACQUISITIONS ON BOTH SIDES OF RANCH ROAD 12, PRIVATE PROPERTY OWNERS TO WIDEN FOR A SENDER TURN LANE.

RIGHT NOW A BLIND HILL AND A CURVE.

AS YOU ARE GOING SOMEBODY WANTS TO TURN LEFT INTO MOUNTAIN CREST. THE SKYLINE INTERSECTION IS NOT ADJACENT AND NO WAY FOR PEOPLE TO GET AROUND.

ONE INTERSECTION AND TURNING INTO ANOTHER INTERSECTION AND SCHOOL BUSES AND SCHOOL TRAFFIC ASSOCIATED WITH THAT.

IS A STATE ROAD. THE COUNTY IS NOT RESPONSIBLE FOR STATE ROADS. WE DON'T DO ANYTHING TO THE STATE ROAD, BUT WE IDENTIFIED A SAFETY ISSUE.

WE WANTED TO STUDY THAT AND SEE WHAT COULD BE DONE TO MAKE THAT SAFER. AND THE COUNTY HAS DONE THIS IN THE PAST AS WE TRY TO GET SOME ENGINEERING DONE.

AND THIS ISN'T CONSTRUCTION DOLLARS.

NO CONSTRUCTION IMMINENT. IF IT WAS, LIKELY NOT EVEN THE COUNTY. A STATE -- A STATE ROAD.

SO WE DO A STUDY. IT COMES BACK AND SHOWS WE NEED SO MANY ACRES FROM THIS INDIVIDUAL.

SO MANY ACRES FROM THIS INDIVIDUAL.

ONE OF THOSE INDIVIDUALS IS A BUSINESS AND WILL IMPACT HOW WE USE OUR PROPERTY. THIS TAKES TIME.

AND -- AND I WOULD RATHER SPEND MORE TIME UP FRONT WITH LANDOWNERS TO SEE WHAT THAT WOULD BE TO IMPROVE THE SAFETY.

AND I HAVE VERY -- I AM VERY RESPECTFUL OF THEIR PROPERTY RIGHTS AND NOT THE ONLY WAY THIS IS DONE.

AND WE ARE ALL WITHIN THE CONTRACT, THE PRICE WE ARE GOING TO PAY A FIRM TO DO ALL OF THIS WORK.

THE STATE OF TEXAS HAS TO APPROVE ANY TYPE OF DESIGN THAT IS DONE ON THEIR ROAD. WHEN WE GET INTO CONSTRUCTION LIKE I THINK COMMISSIONER JONES' PROJECT WILL BE CONDUCTED. YOU WAIT FOR THE STATE TO COMMENT AND SEND IT BACK TO Y YOU.

THEY ARE NOT GOING TO APPROVE ANYTHING DONE AT STATE ROAD UNLESS IT HAS GONE THROUGH THE ENTIRE STATE SYSTEM.

PREVIOUSLY IT TOOK US TWO YEARS TO GET A AFA, AN ADVANCED FUNDING FROM THE STATE OF TE TEXAS.

WE WANT TO DO WORK ON A ROAD THAT IS IMPORTANT AND IN THE STATE SYSTEM. THEY HAVE TO TELL US FIRST THAT WE CAN. IT TOOK TWO YEARS FOR THIS ROAD BOND. I AM BLAMING THE STATE.

THE STATE OPENED A LOT OF INFRASTRUCTURE AND PUT A LOT OF WORK TO THE STATE'S DOT AND WE CAN ARGUE AND DEBATE WHY THAT TOOK SO LONG, BUT INEVITABLY, IT IS THEIR ROAD AND WE HAVE TO FOLLOW THEIR PROCESS. THESE FIRMS WE ARE EXTENDING DEADLINES -- AGAIN, WE ARE NOT SPENDING MORE MONEY WITH THEM.

WHAT WE HAVE DONE IN MANY TIMES JUST PAUSED BECAUSE WE ARE WAITING TO HEAR BACK FROM THE STATE.

AND SOMETIMES IT TAKES A YEAR TO GET SOMETHING FROM THE STATE. AGAIN, THIS ISN'T OUR ROAD.

WE COULD STOP RIGHT NOW AND NEVER, EVER DO ANYTHING AND WAIT FOR THE STATE SOME DAY TO TRY COME TO MAKE THESE IMPROVEMENTS THAT WE FEEL ARE NEEDED FOR THE CITIZENS OF HAYS COUNTY. GROWN THAT ANSWERS THE QUESTION, BUT IT IS COMPLICATED.

THIS ISN'T A CONSTRUCTION PROJECT.

OUR HOPE WOULD BE THAT WE GET A DESIGN THAT WORKS FOR ALL OF THE NEIGHBORS, THE STATE AGREES WITH IT, AND WE TRY LEVERAGE OUR DOLLARS WITH FEDERAL DOLLARS, FEDERAL TRANSPORTATION DOLLARS THAT COME THROUGH THE CAPITAL AREA AND METROPOLITAN PLANNING ORGANIZATION. AND A PROJECT WE WILL TRY TO FUND THAT WAY. GET IMPROVEMENTS ON PAPER TO WORK WITH THE STATE AND GET CONSTRUCTION DOLLARS SO THEY CAN IMPROVE WHAT WE CONSIDER TO BE A DANGEROUS INTERSECTION.

>> JUDGE BECERRA: SUBMISSIONER SHELL, I WOULD LIKE TO ASK FOR

[00:40:03]

STATE RESPONSE. >> LON SHELL: THE REASON THIS PROJECT WAS PAUSED OR HAS BEEN BECAUSE NEGOTIATION WITH LANDOWNERS HOW WE CAN USE THEIR RIGHT-OF-WAYS TO GET THE ALIGNMENTS DONE. YOU CAN TAKE ALL FROM ONE SIDE.

YOU CAN SPLIT IT BOTH WAYS. IT INVOLVES TWO DIFFERENT NEIGHBORHOODS AND, OF COURSE, A STATE ROAD.

WE GET A STATE'S INPUT AND DESIGN IT TO STATE'S STANDARDS AND NOW WOULD YOU NORMALLY NOT CONSTRUCT THOSE INTERSECTIONS THAT ARE NOT ALIGNED LIKE RANCHO 12.

IT IS BENEFICIAL AND SCORES VERY WELL WHEN WE LEVERAGE OUR DOLLARS AND A MAJOR SAFETY IMPROVEMENT WHEN YOU TAKE AN INTERSECTION AND GET IT TO ALIGN.

THE DETAILS HOW THAT IS DONE CAN BE COMPLICATED WHEN DEALING WITH OTHER LANDOWNERS HOW THEY ACCESS THEIR LAND.

ESPECIALLY IN THE CASE OF A BUSINESS WOULD GREATLY IMPACT HOW THEIR PROPERTY IS ACCESSED. SO LET'S SAY THAT THAT WOULD HAVE HAPPENED FASTER IN THE TIME ALLOTTED FOR THIS CONTRACT, WE ARE -- WE HAVE A BUDGET THAT WAS IN THE BOND PROGRAM. IT IS LIKELY GOING TO SPLIT AND DEVELOP SOME TYPE OF SHELF READY PROJECT TO GET THIS GOING FASTER AND WAIT FOR FUNDS TO COME IN THAT WILL ACTUALLY PAY FOR CONSTRUCTION. SO HAD WHICH NOT SPENT ALL THE TIME TALKING TO LANDOWNER TO DO THE RIGHT THING.

PERFECT. SIGN OFF CONTINUE TO.

PUT ON PAPER. ROLL IT UP.

STICK IT ON AT THAT SHELF THAT IS WHERE IT WILL BE.

WHEN WE WILL IDENTIFY SOMETHING LIKE THIS.

THAT IS SOMETHING WE WILL WORK ON WHEN WE HAVE THAT DONE.

I THOUGHT AND I ALWAYS WILL ANY SPENDING MORE TIME UP FRONT WITH LANDOWNER AND HOW IT WILL IMPACT THEIR LAND IS GOOD.

YOU WILL SPEND A LOT OF MONEY AND COME BACK DOWN THE ROAD AND FIGURE YOU CAN'T EVEN DO IT. TO ME IT IS WELL WORTH THE EXTRA TIME AND KNOT COSTING OUR CITIZENS ANYTHING.

AND EVEN IF IT WERE DONE, WE DON'T HAVE CONSTRUCTION DOLLARS FUNDED AT THE TIME JUDGE THANK YOU FOR COMMENTING IT IS NOT

COSTING OTHER MONEY. >> THIS IS COMING FROM THE COUNTY, -- THIS IS COMING FROM STATE.

AND WHEN WE GET AFAS OR ENVIRONMENTAL CLEARANCE, WE

HAVE NO CONTROL OVER THAT. >> JUDGE BECERRA: DR.

CARDENAS, PLEASE CALL THE ROAD. >> DEBBIE INGALSBE: YES.

>> MARK JONES: YES. >> LON SHELL: YES.

>> COMMISSIONER SMITH: YES. >> JUDGE BECERRA: YES.

[12. Discussion and possible action to authorize the County Judge to execute the Third Amendment to the Interlocal Agreement Between Hays County and the City of San Marcos Related to San Marcos Texas Tax Increment Reinvestment Zone No.5. INGALSBE/SHELL]

OPEN NUMBER 12. >> NUMBER 12, DISCUSSION AND POSSIBLE ACTION TO AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE THIRD AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN HAYS COUNTY AND THE CITY OF SAN MARCOS RELATED TO SAN MARCOS TEXAS TAX INCREMENT REINVESTMENT ZONE NUMBER 5.

>> MOTION. >> SECOND

>> JUDGE BECERRA: A FIRST AND A SECOND -- OR A MOTION AND A SECOND. COMMISSIONER INGALSBE AND COMMISSIONER SHELL SERVE. AND TO RECAP THIS TERS.

OUR ACRONYM FOR TAX INCREMENT REINVESTMENT ZONE TO LEVERAGE TAX DOLLARS IN THAT FOOTPRINT FOR THAT FOOTPRINT.

I REALLY SUPPORT THE IDEA. AND DO YOU WANT TO SPEAK JUST FOR A SECOND ON ANY KIND OF RECENT HIGH DOLLAR PURCHASES THAT WERE MADE FROM THAT BU BUDGET?

>> DEBBIE INGALSBE: WELL, I MEAN, JUDGE, THIS ACTION THAT WE ARE PROPOSING TODAY OR CONSIDERING IS -- WE DID THIS LAST YEAR. AND BECAUSE OF THE POSSIBLE IMPACTS OF THE -- OF THE -- OF COVID, THE BOARD DECIDED TO BRING THIS ACTION TO THEIR PERSPECTIVE COUNCILS AND COMMISSIONERS COURT TO LOWER. AND THAT THE ACTION WE ARE

TAKING TODAY. >> JUDGE BECERRA: THAT IS EXACTLY RIGHT. AND THAT HAS BEEN STILL WITH THOSE REDUCTIONS, WE STILL HAD GREAT STRIDES IN THAT TERS.

YOU DIDN'T KNOW IF YOU FELT LIKE SHOOTING A SHOUT OUT TO A LAST EFFORT THAT WAS DONE, BUT THAT'S OKAY IF YOU DON'T.

>> BUY IS SAY, JUDGE, WE DID THIS FOR LAST TAX YEAR AS WELL DURING OUR BUDGET PROCESS AND THE CITY HAS REQUESTED THAT WE CONSIDER THAT AGAIN FOR THIS ONE.

THAT'S WHY WE ARE SEEING THIS. >> JUDGE BECERRA: VERY CONSCIENTIOUS WITH THE WHOLE COVID EFFORT AND EVERYTHING GOING ON. OKAY.

PLEASE CALL THE ROLL. >> COMMISSIONERS SMITH: YES.

>> MARK JONES: YES. >> DEBBIE INGALSBE: YES.

>> LON SHELL: YES. >> JUDGE BECERRA: YES.

[13. Discussion and possible action to authorize the Elections Administration Office to upgrade the Hart Verity Voting System and purchase the Hart Verity Duo Go for curbside voting utilizing the Center for Tech and Civic Life (CTCL) grant funds and amend the budget accordingly. JONES/ANDERSON]

[00:45:03]

PLEASE OPEN NUMBER. >>.

>> 13, DISCUSSION AND POSSIBLE ACTION TO AUTHORIZE THE ELECTIONS ADMINISTRATION OFFICE TO UPGRADE THE HART VERITY VOTING SYSTEM AND PURCHASE THE VERITY DUO GO FOR CURBSIDE VOTING UTILIZING THE CENTER OF TECH AND CIVIC LIFE AND FUNDS

AMEND THE BUDGET ACCORDINGLY. >> MOTION.

>> SECOND. >> JUDGE BECERRA: ONE PERSON SIGNED UP TO SPEAK. MR. RODRIGO AMAYA.

>> THANK YOU, JUDGE, COURT. THIS RIGHT HERE COUPLE OF ELECTIONS AGO, WE HAD AN ELDERLY INDIVIDUAL THAT NEEDED THIS TYPE OF SERVICE. WHEN I FIRST TRIED TO -- GET A MACHINE SO HE COULD VOTE. AND THE BATTERY WENT DEAD.

IT DIDN'T HOLD CHARGE OR SOMETHING HAPPENED.

AND THEN ALL KIND OF STUFF HAPPENED.

TO WE MADE THE CALLS TO MAKE SURE IT WAS PROPERLY DOCUMENTED AND STUFF. SO THERE NEEDS TO BE A BETTER JOB OF ACCOUNTABILITY AND PREPARATION FOR THESE THINGS.

I WENT AND VOTE THIS WEEKEND FOR THE SCHOOL BOARD, AND I ALSO EXPERIENCED QUITE A BIT OF ISSUES WITH THE WAY THE VOTING IS BEING DONE. SO, YOU KNOW, I JUST -- AGAIN, WE NEED TO HAVE BETTER -- BETTER QUALITY WHEN IT COMES TO VOTING. I AM VERY AWARE OF THE ALLEGED SUPPRESSION EFFORTS. AND, YOU KNOW, I TAKE THIS VERY SERIOUS. AND I JUST WANT YOU ALL TO KNOW ABOUT THAT EXPERIENCE THAT IT WAS T WASN'T GOOD.

IT DIDN'T GO WELL AT ALL. THAT ONCE WE USE THIS CURBSIDE THE MACHINE WAS NOT PREPARED TO ITS JOB.

I SEE THE MILLIONS AND MILLIONS OF DOLLARS THAT Y'ALL APPROVED FOR VOTING EFFORTS AND FOR THAT NOT TO BE READY WHEN IT IS CALLED UPON IS NOTHING BUT UNACCEPTABLE.

THANK YOU. >> JUDGE BECERRA: THANK YOU.

AND WE HAVE MISS ANDERSON TO SPEAK ON THIS AGENDA ITEM.

STATE YOUR NAME AND TITLE FOR THE VIEWING PUBLIC.

>> JENNIFER ANDERSON, HAYS COUNTY VOTING ADMINISTRATOR.

AND THIS WAS AN UPGRADE FOR THE HART EQUIPMENT THAT WE PURCHASED. IT IS IMPORTANT TO NOTE THAT THE UPGRADES ARE CERTIFIED THE SAME WAY AS THE SYSTEMS WE INITIALLY PURCHASED THROUGH THE FEDERAL GOVERNMENT AND THE STATE GOVERNMENT. THIS PARTICULAR UPGRADE WILL UPDATE FROM WINDOW 7 EMBEDDED FROM WHEN WE PURCHASED THE EQUIPMENT TO WINDOWS 10. AND ALSO WILL UPGRADE SOME OF THE SECURITY FEATURES. IN ADDITION TO THAT, WE ARE ASKING TO PURCHASE THE NEW VERI TY DUO GO.

AND WE WANTED CURBSIDE VOTING IN A MANNER THAT WE THOUGHT WAS THE BEST. BOTH PRESENTED CHALLENGES AND PART OF THAT BECAUSE A HYBRID SYSTEM THAT PRINTS AND A LOT OF REQUIREMENT FOR EQUIPMENT TO TAKE OUT TO THE CURB FOR C CURBSIDE VOTING. IT IS HEAVY, CUMBERSOME AND DIFFICULT TO SEE IN THE S SUNLIGHT.

A LOT OF CHALLENGES. OUR VENDOR CAME UP WITH A SOLUTION THAT THEY THINK WILL HELP WITH THAT.

A LIGHTER COMPONENT AND YOU TAKE JUST THE TABLET, NOT THE WHOLE CASE ITSELF AND PUT IT IN THE COMPONENT AND TAKE THIS OUT TO THE CAR AND IT IS A LOT E EASIER TO HANDLE AND WE ARE ASKING TO PURCHASE THIS OUT OF THE CTCL GRANT FUND MONEY THAT WE HAVE IN THE BUDGET THAT WE HAVE TO USE I THINK BY JULY -- JULY 1. SO WE WANT -- THIS IS AN ALLOWABLE USE FOR THOSE FUNDS, AND WE WANT TO USE THAT TO PAY

FOR IT. >> JUDGE BECERRA: THIS IS SOMETHING THAT YOU SAY HAS -- I WANT TO RERATE -- REPEAT FOR REITERATION. STATE AND FALL FROM SUPPORTED THIS METHOD OF CURBSIDE AND THE MACHINES, OF COURSE, FOR US TO

USE THEM IN OUR ELECTIONS? >> YES.

THEY HAVE CERTIFIED THE EQUIPMENT, SOFTWARE AND HARDWARE. AS FAR AS CURBSIDE -- THAT IS A REQUIREMENT THAT WE HAVE TO PERFORM CURBSIDE IN THE EECTION CODE. THE PARTICULAR HARDWARE AND

SOFTWARE IS CERTIFIED. >> JUDGE BECERRA: ANY

QUESTIONS. >> DEBBIE INGALSBE: ONE QUESTION BECAUSE IT WAS MENTIONED OF THE CHARGABILITY AND KEEPING THAT CHARGE UP. ARE WE HAVING ISSUES WITH OUR CURRENT EQUIPMENT? AND WILL THESE BE BETTER

[00:50:02]

EQUIPPED FOR THAT PURPOSE? >> WELL, BATTERIES CAN GO OUT.

WE DO A LOT OF CURBSIDE AND I AM NOT SURE OF THIS PARTICULAR INCIDENT, BUT IN 2020, WE DID A LOT OF CURBSIDE VOTING AND BATTERIES CAN GO OUT. I AM NOT SURE IF THAT WAS THE ISSUE OR A LOOSE CONNECTION OR WHAT AT THE TIME.

BUT NO, WE HAVEN'T HAD PROBLEMS OF THIS NATURE THAT I HAVE BEEN

MADE INFORMED OF. >> DEBBIE INGALSBE: THANK YOU.

>> JUDGE BECERRA: YOU BROUGHT UP A QUESTION HE ON THE LOOSE CONNECTION PART. I AM VISUALIZING THESE AS SOME KIND OF IPAD WHEN I HEAR THE WORD "TABLET." A WILL THERE BE WIRES COMING OUT OF THE UNIT.

>> THE BATTERIES ARE CONNECTED BY WIRES AND NO MATTER WHAT, PRIOR TO THE PURCHASE OF THIS, WE WERE TAKING THE WHOLE PIECE OF EQUIPMENT OUT, THE WHOLE CASE IF YOU WILL.

EVEN THAT TABLET WAS CONNECTED TO THE COMPONENT THAT RAN ALL OF IT. AND ALSO THE BATTERIES HAVE WISE. SO NOT LOOKING AT THAT RIGHT NOW, I DON'T REALLY KNOW WHAT THE PROBLEM WAS WITH IT.

>> JUDGE BECERRA: I AM NOT TRYING TO ADDRESS THE PROBLEM BUT HAVE A VISUALIZATION. YOU DON'T HAPPEN TO HAVE AN IMAGE OF THIS ITEM TO PURCHASE, DO YOU?

>> THE NEW ITEM? >> JUDGE BECERRA: YES.

>> I DON'T HAPPEN TO HAVE IT. IT IS ONLINE CALLED THE VERI TY GO AND IT IS ON THE VENDOR'S WEB SITE AND THEY HAVE A VIDEO

OF IT. >> JUDGE BECERRA: I KNOW THE IPAD APPROACH, CELL PHONE APPROACH, THERE ARE BATTERIES WITH THAT, THERE AREN'T WIRES THAT COME FROM THE CELL PHONE TO THE CELL PHONE BATTERY. I WAS JUST TRYING TO SEE IF THERE WAS SOME KIND OF ANTICIPATION POTENTIAL THAT WE CAN TO DO PREPARE. THAT'S IT.

>> THESE ARE NOT THE SAME KIND OF BATTERIES YOU WILL HAVE IN YOUR CELL PHONE. IN THE NEW COMPONENT, YOU TAKE THE TABLET PORTION OF THE VOTING SYSTEM OUT AND PLACE IT IN THE NEW COMPONENT BUT STILL THE PIN CONNECTORS ON THAT EVEN

AS WELL. >> JUDGE BECERRA: OKAY.

COMMISSIONERS? ALL GOOD?

THANK YOU, MA'AM. >> THANK YOU.

>> JUDGE BECERRA: NO OTHER QUESTIONS OR COMMENTS, PLEASE

CALL THE ROLL. >> LON SHELL: YES.

>> MARK JONES: YES. >> DEBBIE INGALSBE: YES.

>> COMMISSIONER SMITH: YES. >> JUDGE BECERRA: YES.

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

>> 18, DISCUSSION RELATING TO THE HAYS INMATE POP EWE LAYING TO INCLUDE CURRENT POPULATIONS AND COSTS.

>> JUDGE BECERRA: SO I GET A WEEKLY REPORT FROM THE SHERIFF'S OFFICE ON OUR JAIL CAPACITY AND ARRESTS BY AGENCIES. OUR CURRENT MAXIMUM JAIL CAPACITY IS 410 INMATES. YES, THAT HAS TICKED UP.

JAIL STANDARDS RECOMMENDS WE HOLD 10% OF THAT CAPACITY OPEN, WHICH LOWERS OUR CAPACITY TO 368.

THE JAMES DAILY AVERAGE WATT 519.

PEAK WAS 525 ON MAY 4 FOR THE WEEK OF MAY 2 TO MAY 8, 2021.

THE COST IS 43,905. THE NUMBER OF OUTSOURCED 105 MALES AND FEMALES ARE ZERO. THIS WEEK'S INMATES BURNETT, COMAL, FORT BEND AND GUADELUPE. ARRESTS BY AGENCY, BUDA PD, 5, BPS, 2, HAYS COUNTY SHERIFF'S OFFICE, 60.

CONSTABLE PRECINCT 1, ONE. KYLE PD, 28.

SAN MARCOS PD, 35. AND TEXAS STATE UNIVERSITY, T TWO. TERE IS NO BURN BAN TO SPEAK OF THANKS TO THIS WEATHER THAT WE ARE HAVING.

[Items 19 & 20 ]

SO TO HAVE THOSE COMMENTS, I ASK THAT YOU OPEN 19 AND 20.

>> 19, DISCUSSION OF ISSUE RELATED TO THE HAYS COUNTY JAIL AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY.

POSSIBLE ACTION MAY FOLLOW. 20, DISCUSSION AND POSSIBLE ACTION RELATED TO PROPOSED BILLS IN THE 87TH REGULAR SESSION OF THE TEXAS LEGISLATURE AND CONSIDER ADOPTION OF RESOLUTIONS REGARDING PROPOSED BILLS.

THE COURT MY OPT TO WITHDRAW TO EXECUTIVE SESSION DURING THIS ITEM TO CONSULT WITH LEGAL COUNSEL PURSUANT TO TEXAS

GOVERNMENT CODE 551-071. >> JUDGE BECERRA: WE NEED A MOTION TO OPEN THOSE -- I AM OPENING IT UP FOR THEIR COMMENTS. DO I NEED A MOTION? I DON'T THINK I NEED I DO. FIRST UP MR. RODRIGO AMAYA ON

[00:55:05]

AGENDA NUMBER 19. >> JUDGE, COMMISSIONERS COURT, A LOT OF SERIOUS CONCERNS HAVE GENERATED OUT OF THE SHERIFF'S OFFICE OVER THE YEARS. YOU KNOW, HAVING A GREAT CONCERN BACK IN 2016, I SIGNED UP TO RUN FOR SHERIFF.

FROM DISBURSEMENT ITEMS TO INFORMATION FROM CREDIBLE SOURCES THAT COME MY WAY. REALLY TROUBLES ME ALONG WITH A LOT OF VIEWERS THAT FOLLOW WEEKLY ABOUT HOW -- HOW EVERYTHING IS JUST RUBBER ST STAMPED.

>> JUDGE BECERRA: CAN -- I DON'T WANT TO INTERRUPT YOU BUT STICK TO THE ITEM BASED ON PLANNING OF PROJECTS.

>> OKAY. JUST, AGAIN, SERIOUS CONCERN OF ACCOUNTABILITY, RESPONSIBILITY. DO A BETTER JOB MAKING SURE THAT WHEN THINGS GO WRONG OVER THERE, FIND OUT WHEN THEY WENT WRONG. AND HOLD SOMEONE ACCOUNTABLE.

THERE ARE A LOT -- A LOT OF CONCERNS OVER IT.

AND I STRONGLY URGE YOU ALL TO START HAVING A DIFFERENT APPROACH BECAUSE IT IS COSTING US MILLIONS AND MILLIONS OF DOLLARS. THANK YOU.

>> JUDGE BECERRA: MR. AMAYA, STAY WHERE YOU ARE BECAUSE YOU SIGNED UP TO SPEECH. LET ME SET THE STAGE FOR YOU.

NUMBER 20, MR. RODRIGO AMAYA HAS SIGNED UP TO SPEECH AND REFERRING SPECIFICALLY TO THE 7TH REGULAR SESSION OF THE

TEXAS LEGISLATURE. >> I HAVEN'T MADE IT OUT THERE PERSONALLY, BUT I AM A REGULAR WITH THE SESSION.

FROM THE TROOPER BACK IN 2002, 2003.

REPRESENTATIVE OF HAYS COUNTY, I STRONGLY ENCOURAGE YOU TO REST OF THE COURT. I AM VERY DISTURBED THAT THEY ARE TRYING TO KEEP INFORMATION ABOUT GOVERNMENT OFFICIALS AND THEIR SALARIES. AGAIN, A LOT OF THE INDIVIDUALS THAT I MONITOR NOTICE THAT THEY ARE WITHHOLDING RETIRED INFORMATION THROUGH TAC AND OTHER AGENCIES.

SENATE BILL IS ABOUT. I READ THAT REPRESENTATIVE OF FLOUR MOUND AND WHAT THEY ARE TRYING TO DO.

THERE. I HOPE THAT YOU DO NOT SUPPORT THAT. IT IS NOT A GOOD THING TO REMOVE TRANSPARENCY OR EFFORTS TO REMOVE IT.

DO NOT SUPPORT SENATE BILL 16. THANK YOU, ALL.

[EXECUTIVE SESSIONS]

>> JUDGE BECERRA: THANK YOU, MR. A MAYA, LEAVES US WITH EXECUTIVE ITEMS 14, 15 AND 16. I ASK THAT OUR CLERK OPEN 14, 15 AND 16 AND IF YOU ARE NOT DIRECTLY TIED TO THOSE AGENDA ITEMS I ASK THAT YOU CLEAR THE COURT ROOM.

DR. CARDENAS. >> 14, EXECUTIVE SESSION PURSUANT TO 551.071 AND 551.07 OF THE TEXAS GOVERNMENT CODE.

CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ECONOMIC NEGOTIATIONS ASSOCIATED WITH PROJECT PACIFIC BLUE AND PROJECT OUTLOOK. POSSIBLE DISCUSSION AND ACTION MAY FOLLOW IN OPEN COURT. 15, EXECUTIVE SESSION PURSUANT TO SECTIONS 5 51.071 AND 5 551.074 OF THE TEXAS GOVERNMENT CODE. DELIBERATION OF EMPLOYMENT AND DUTIES OF ALL INDIVIDUAL POSITIONS WITHIN THE HAYS COUNTY TRANSPORTATION DEPARTMENT.

POSSIBLE DISCUSSION AND OR ACTION MAY FOLLOW IN OPEN CO COURT. 16, EXECUTIVE SESSION PURSUANT TO 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE.

CONSULTATION AND COUNSEL WITH DEB LIBERATION REGARDING THE PURCHASE, EXCHANGE AND LEASE AND VALUE OF THE 2020 PARKS AND OPEN SPACE BOND PROJECTS. POSSIBLE DISCUSSION AND ACTION

MAY FOLLOW IN OPEN COURT. >> JUDGE BECERRA: THANK YOU, BEGIN WITH AGENDA ITEM NUMBER 14.

ANYBODY ELSE NOT TIED TO NUMBER 14

GRBING GAVEL SOUNDING] >> JUDGE BECERRA: AND WE ARE BACK FROM EXECUTIVE SESSION AND I THINK WE HAVE COMMISSIONER

[01:00:01]

INGALSBE WITH A MOTION. >> DEBBIE INGALSBE: YES, THANK YOU, JUDGE, FOR ITEM NUMBER 14, I WOULD LIKE TO MAKE A MOTION TO AUTHORIZE THE EXECUTION OF A CHAPTER 381 AGREEMENT BETWEEN HAYS COUNTY AND 320 BARNES 2020 LP AS DISCUSSED AND PRESENTED

NEXT EXECUTIVE SESSION. >> SECOND.

>> JUDGE BECERRA: DR. CARDENAS --

>> DEBBIE INGALSBE: MAY I MAKE COMMENTS, THE DEVELOPER TO DEVELOPMENT COMMERCIAL SPACE AT $11 MILLION OR MORE AND THE INCENTIVE GIVES THEM THE TIME TO NEGOTIATE TENANTS TO OCCUPY

THE SPACE. >> JUDGE BECERRA: DR. CAR

CARDENAS. >> MS. CARDENAS: COMMISSIONER

SHELL. >> LON SHELL: YES.

>> MARK JONES: YES, >> WALT SMITH: YES.

>> DEBBIE INGALSBE: YES. >> JUDGE BECERRA: YES.

* This transcript was compiled from uncorrected Closed Captioning.