[16. Discussion and possible action to approve the selection of LAN, Inc. to provide preliminary schematic design services for three (3) low water crossings in Precinct 3; and authorize staff and counsel to negotiate a contract. SHELL/BORCHERDING]

PLEASE OPEN 1616, DISCUSSION OF POSSIBLE ACTION TO APPROVE THE SELECTION OF LAN INC. TO PROVIDE PRELIMINARY SCHEMATIC DESIGN SERVICES FOR THREE LOW WATER CROSSINGS IN PRECINCT 3 AND AUTHORIZE STAFF AND COUNSEL COUNSEL TO NEXT A CONTRACT.

>> THANK YOU, THESE LOW WATER CROSSING PROJECTS ARE PART OF THE BOND. THERE'S AT LEAST A FEW IN 1 AND 2 MAYBE ONE IN PRECINCT 4. WE TRIED TO SELECT 3 TO TAKE A LOOK AT IT. WE'LL HAVE KIND OF A SCOPING MEETING TO SEE EXACTLY WHAT -- WHICH ONES WE DIAL INTO.

RIGHT NOW WE'RE LOOKING AT 3 AND WE HAVE DISCUSSED THIS WITH OUR PROGRAM MANAGER TO MAKE SURE THIS WORKS WITHIN THE PROGRAM AND OBVIOUSLY WE'LL WORK WITH LAN TO BRING BACK THE

CONTRACT. >> JUST TO CLARIFY, WE HAVE TWO THAT ARE IN PROCESS AND FOUR -- WE'RE ALMOST ON THE THIRD.

>> JUDGE BECERRA: THANK YOU. I'M GLAD TO SEE EACH COMMISSIONER IS DOING THEIR PART TO COVER THAT SPACE.

COMMISSIONER CAN WE GET A MOTION?

>> IF THERE'S NO FURTHER QUESTIONS I'LL MAKE A MOTION TO APPROVE THE SELECTION OF LAN INC. TO PROVIDE PRELIMINARY LOW WATER CROSSINGS AND AUTHORIZE STAFF TO NEGOTIATE A CONTRACT.

>> SECOND. >> JUDGE BECERRA: MOTION AND SECOND? WILL YOU PLEASE CALL THE ROLL?

[23. 9:00 a.m. – Hold a public hearing to consider the proposed assessments to be levied against assessable property within Neighborhood Improvement Area #2 of the La Cima Public Improvement District pursuant to Chapter 372 of the Texas Local Government Code. SHELL]

OUR PUBLIC HEARING. WILL YOU PLEASE OPEN AGENDA

ITEM NUMBER 23. >> 23.

ALL PUBLIC HEARING TO CONSIDER PROPOSED ASSESSMENTS TO BE LEVIED AGAINST ASSESSABLE PROPERTY WITHIN THE NEIGHBORHOOD IMPROVEMENT AREA NO. 2 OF THE LA CIMA PUBLIC IMPROVEMENT DISTRICT PURSUANT TO CHAPTER 372 OF THE TEXAS

LOCAL GOVERNMENT CODE. >>> AT THIS POINT IN TIME I'M GOING TO OPEN A PUBLIC HEARING FOR THIS PARTICULAR ISSUE.

YOU DON'T HAVE TO HAVE SIGNED UP ALTHOUGH SOMEONE LAST AND I WILL READ YOU -- YOU DON'T HAVE TO SIGN UP TO THIS SPACE.

IF THERE'S ANYONE HERE TO SPEAK FOR OR AGAINST THIS AGENDA ITEM, PLEASE APPROACH THE PODIUM.

IN THE MEANTIME, WE HAVE SIGNED UP TO SPEAK MR. AMAYA.

>> THANK YOU, JUDGE, COURT. I JUST WANT IT TO BE KNOWN THAT I HOPE YOU ALL ARE TOTALLY AGAINST THIS.

THERE'S QUITE A BIT OF ATTENTION ON THAT AREA, AS WELL AS KISSING TREE. MY UNDERSTANDING THE COUNTY HAS OVER $100 MILLION TAXPAYER MONEY INVESTED IN THAT AND MOST OF THESE AREAS AREN'T OF ANY BENEFIT TO CITIZENS.

I WAS -- I'VE BEEN ATTENDING SOME OF THE CITY COUNCIL DISCUSSIONS AND STUFF. SOME OF THESE, LIKE KISSING TREE, THEY'VE GOT A FIRE STATION ON EACH SIDE OF THE

[00:40:04]

SUBDIVISION. I MEAN, THAT'S EXCESSIVE.

WE DON'T HAVE THOSE KINDS OF PUBLIC UTILITIES ANYWHERE ELSE IN THE COMMUNITY. WHY THESE FOLKS GETTING ALL OF THIS ATTENTION? I MEAN, THERE'S SEVERAL AGENDA ITEMS ON THIS WEEK'S AGENDA TO ADDRESS THE NEEDS OF THE SUBDIVISION THAT'S OFF LIMITS TO US TAX PAYERS, WHAT DO WE GET OUT OF IT? WHY SO MUCH ATTENTION AND SO MUCH FOCUS ON IT? THANK YOU.

>> THANK YOU, MR. AMAYA. IS THERE ANYONE ELSE TO SPEAK FOR OR AGAINST THIS AGENDA ITEM? RECEIVING NO MOVEMENT I WILL CLOSE THE PUBLIC HEARING.

COMMISSIONER SHELL? >> THANK YOU, JUDGE, I KNOW OUR BONDS COUNCIL IS HERE. DO WE NEED TO HAVE ANY ACTION ON THIS PARTICULAR ITEM, THE ACTUAL HEARING?

>> NOT ON THE PUBLIC HEARING I DON'T THINK.

>> CAN WE OFFICIALLY CLOSE -- >> JUDGE BECERRA: I DID, YES,

SIR. >> CAN WE MOVE ON TO NO. 24

THEN? >> JUDGE BECERRA: I PLAN ON OPENING 24 AND 25 THIS THAT ORDER.

[24. Discussion and possible action to adopt an Order of the Commissioners Court of Hays County, Texas Accepting and Approving a Service and Assessment Plan and Neighborhood Improvement Area #2 Assessment Roll for La Cima Public Improvement District; Making a Finding of Special Benefit to the Property in Neighborhood Improvement Area #2 of the District; Levying Special Assessments Against Property within the District and establishing a Lien on such Property; Providing for the Method of Assessment and the Payment of the Neighborhood Improvement Area #2 Assessments in Accordance with Chapter 372, Texas Local Government Code, as amended, Providing Penalties and Interest on Delinquent Assessments, Providing for Severability, and Providing an Effective Date. SHELL]

OKAY. WILL YOU PLEASE OPEN AGENDA

ITEM 2. >> 24 DISCUSSION OF POSSIBLE ACTION TO ADOPT AN ORDER OF COMMISSIONERS COURT OF HAYES COUNTY, TEXAS, ACCEPTING AND APPROVING A SERVICE AND ASSESSMENT PLAN AND NEIGHBORHOOD IMPROVEMENT AREA NO. 2 ASSESSMENT ROLL FOR LA CIMA PUBLIC IMPROVEMENT DISTRICT MAKING A FINDING OF SPECIAL BENEFIT TO THE PROPERTY AND NEIGHBORHOOD IMPROVEMENT AREA NO. 2 OF THE DISTRICT.

LEVYING SPECIAL ASSESSMENTS AGAINST PROPERTY WITHIN THE DISTRICT AND ESTABLISHING A LIEN ON SUCH PROPERTY, PROVIDING TORE THE METHOD OF ASSESSMENT AND THE PAYMENT OF THE NEIGHBORHOOD IMPROVEMENT AREA NO. 2 ASSESSMENTS IN ACCORDANCE WITH CHAPTER 372, TEXAS LOCAL GOVERNMENT CODE AS AMENDED, PROVIDING PENALTIES AND INTEREST ON DELINQUENT ASSESSMENTS, PROVIDING FOR SEVERABILITY AND PROVIDING AN

EFFECTIVE DATE. >> SO MOVED.

>> SECOND. >> JUDGE BECERRA: A MOTION AND

A SECOND. >> DO WE HAVE BONDS COUNSEL

HERE, JUDGE? >>> PLEASE APPROACH THE PODIUM

AND STATE YOUR NAME AN TITLE. >> GOOD MORNING MY NAME IS JULIE HOUSTON I'M BOND COUNSEL WITH THE LAW FIRM OF ORRIC.

WHAT YOU HAVE BEFORE YOU TODAY IS AN ORDER WHERE YOU'RE CONSIDERING APPROVING A SERVICE AND ASSESSMENT PLAN FOR IMPROVEMENT AREA 2 OF THE LA CIMA PUBLIC IMPROVEMENT DISTRICT. IF APPROVED, THIS WOULD APPROVE A FINITE SET OF PUBLIC IMPROVEMENTS, WATER, WASTE WATER ROADS, TO BE CONSTRUCTED AND FINANCED THROUGH THE LAND OWNERS WHO LIVE IN IMPROVEMENT NO. 2, AREA NO. 2, THROUGH

THEIR ASSESSMENTS. >> JUDGE BECERRA: COMMISSIONER?

>> JUST TO -- FOR MY UNDERSTANDING, THE BEST WAY TO EXPLAIN THIS, AND I THINK WE CALLED FOR THIS, THE PUBLIC HEARING TWO WEEKS AGO. THIS IS THE SECOND NEIGHBORHOOD. WE'VE DONE ONE BEFORE THAT AND WE DID THE ORIGINAL MASTER PID FROM THE BEGINNING.

THAT WAS -- >> 2015.

>> -- BEFORE MY TIME. THIS WOULD BE FOR THE SECOND NEIGHBORHOOD. THESE BONDS WOULD PAY FOR THE CONSTRUCTION OF THE INFRASTRUCTURE WITHIN THAT NEIGHBORHOOD OF LA CIMA WHICH WOULD BE STREET, UTILITIES,

ET CETERA >> JUDGE BECERRA: COMMISSIONER YOU SAID SECOND NEIGHBORHOOD IT'S ALL THE SAME NEIGHBORHOOD

BUT THE SECOND SECTION? >> I CAN'T REMEMBER WHAT THE

DEFINITION. >> THEY DEFINE DEVELOPMENT AREAS AS NEIGHBORHOOD IMPROVEMENT AREAS.

THIS IS THE SECOND PHASE BUT IT'S GIVEN THE TITLE, NEIGHBORHOOD IMPROVEMENT AREA 2.

>>> I DON'T WANT THE COMMUNITY TO THINK WE'RE CREATING ANOTHER LA CIMA. THAT'S ALL.

>> THERE WAS LA CIMA OVERALL AND NEIGHBORHOOD IMPROVEMENT AREA NO. 1 AND NEIGHBORHOOD IMPROVEMENT AREA NO. 2.

THE HEARING CALLED TWO WEEKS AGO FOR TODAY IS NEIGHBORHOOD IMPROVEMENT AREA NO. 2 WHICH IS FOR THE INTERIOR STREETS AND UTILITIES ASSOCIATED WITH THAT NEIGHBORHOOD IMPROVEMENT AREA AND ASSESSMENTS ARE PAID FOR BY THE OWNERS OF THE PROPERTIES.

INITIALLY, THAT WOULD BE MORE THAN LIKELY ALL DEVELOPER OWNED, AS THE LOTS WERE SOLD, OR HOUSES BUILT AND SOLD, THEN THOSE ASSESSMENTS GO TO THE OWNER OF THE PROPERTY AND THEY PAY THOSE SIMILARLY TO A TAX. SO, THEY WOULD GET A TAX BILL AND ON THE TAX BILL, THEY WOULD HAVE EVERYTHING YOU NORMALLY HAVE, HAYES COUNTY SCHOOL DISTRICT, ET CETERA, ESDS, AND THEN THEY WOULD ALSO HAVE AN ASSESSMENT FOR THEIR NEIGHBORHOOD. AND I BELIEVE WHEN THEY PURCHASED PROPERTY IN AN AREA THAT HAS A PID.

WHEN THEY CLOSE ON THOSE, THEY ARE NOTICED OF PENDING ASSESSMENTS AND UNDERSTAND WHAT THAT MEANS IF YOU BUY PROPERTY

THAT IS IN A PID. >> YES, SIR, AND THAT NOTICE IS

[00:45:01]

ATTACHED TO THAT LAND OWNER AGREEMENT.

THAT'S THE SECOND ITEM TO TAKE UP, WHERE THIS WILL GET FILED IN THE OFFICIAL PUBLIC RECORD OF THE COUNTY, AND THERE IS AN OFFICIAL NOTICE THAT MUST BE GIVEN TO ANY POTENTIAL HOME OWNER, WHEN IT'S SOLD TO THE RESIDENTIAL OWNER AND THAT FORM

IS ALSO ATTACHED. >> AND --

>> SAME AS IF IT WAS A M.U.D. >> JUDGE BECERRA: FOR ACRONYM SAKES, I WANT TO REFINED PEOPLE M.U.D. IS ACRONYM FOR MUNICIPAL UTILITY DISTRICT FOR THOSE WATCHING.

>> AND IT IS POLITICAL SUBDIVISION ITSELF.

>> PID IS PUB WILL LPUBLIC DISTRICT.

YOU DON'T WANT TO HAVE A HIGHER TOTAL TAX RATE INCLUDING THE ASSESSMENT THAT YOU WOULD POTENTIALLY FIND SOMEWHERE ELSE. THERE'S A MAXIMUM.

I DON'T KNOW IF YOU KNOW OFF THE TOP OF YOUR HEAD --

>> IT'S 3 .05. >> JUDGE BECERRA: 3 .01 ON THIS ONE. AM I RIGHT? 3.05 IS THE MAX. THEIR ASSESSMENT ADDED UP TO OTHER TAX RATES CAN ADD A MAX EQUAL 3.05.

>> WE'RE NOT THERE ON THIS ONE. >> JUDGE BECERRA: THANK YOU FOR CLARIFYING. AS YOU KNOW, MANY PEOPLE DO A LOT OF THE GOOD THINGS IN OUR COUNTY AND WHEN WE DON'T TELL THE STORY. WE DON'T ARTICULATE WHAT'S ACTUALLY HAPPENING AND WHAT WE'RE DOING, MISUNDERSTANDINGS ARE VERY EASY TO BE HAD. SO I REALLY THANK YOU FOR TAKING THE TIME TO CLARIFY THAT, BECAUSE I BELIEVE, AS I LEARNED MORE, I BELIEVE A PID -- IS EVERYTHING OKAY? I BELIEVE A PID IS USEFUL AND VERY USEFUL IN CERTAIN SPACES AND TIMES, SO I'VE LEARNED THAT AFTER GETTING ELECTED, BECAUSE AT FIRST, OUTSIDERS PERSPECTIVE, THE PID IS THE DEVIL. SO THAT'S NOT QUITE RIGHT.

I'M GRATEFUL TO BE SITTING HERE IN THIS SPACE AND THANK YOU TO TAKE THE TIME TO CLARIFY SO WE CAN ALL GET EDUCATED WHAT A PID IS AND HOW IT WORKS. THANK YOU FOR CLARIFYING.

ARE THERE ANY OTHER THING US WOULD LIKE TO ADD OR ASK?

>> I JUST WANT TO CLARIFY, I BELIEVE THIS IS CORRECT BUT FOR THE IMPROVEMENTS OF AREA NO. 2 IT'S $9,563,000 MILLION.

>> THAT'S THE TOTAL COST ONLY 5,475,000 IS BEING ASSESSED NOW TO KEEP IT UNDER THAT CAP AND THE REST WILL BE PAID FOR BY

THE DEVELOPER. >> OKAY.

THANK YOU. >> JUDGE BECERRA: COMMISSIONERS, ANY OTHER QUESTIONS OR COMMENTS?

>> NO, I JUST WANT TO SAY -- >> JUDGE BECERRA: SORRY, ONE

SECOND. >> I WAS GOING TO SAY THANK YOU FOR -- I KNOW WE HAD THIS DISCUSSION, BUT I THINK IT'S VERY HELPFUL THE WAY YOU EXPLAINED IT COMMISSIONER SHELL AND GETTING THE ACTUAL INFORMATION OUT THERE ON THIS ITEM. I APPRECIATE IT.

>> HOW MUCH COUNTY FUNDS HAVE WE PUT INTO LA CIMA?

>> WE DON'T PUT IN FUNDS. OUR TIME IS ACTUALLY REIMBURSED AS WELL. WE DO HAVE SOMEONE THAT MANAGES THESE -- THE PID, THE COMPANY --

>> IT'S CALLED P WORKS. >> P3 WORKS IT'S NOT FUNDED BY THE TAXPAYER IT'S FUNDED THROUGH THE DEVELOPER BY THE PID. THAT'S THE COMPANY THAT MAKES SURE ALL OF THE LOTS AND RESIDENTS ACCURATELY REPRESENTED AND ASSESSMENTS ARE ACCURATE AND WE MEET THE RULES ASSOCIATED WITH THE PID. THEY ARE THE TEAM THAT LOOKS ON THAT ON BEHALF OF NOT JUST US BUT ANYONE THAT MIGHT LIVE

WITHIN THE PID. >> SO LONG AS ASSESSMENTS ALL STANDING, THERE'S ALSO A SMALL ADMINISTRATIVE EXPENSE THAT GETS COLLECTED TO PAY FOR COUNTY TIME, AND FOR P3 WORKS.

>> COMMISSIONER SHELL IS CORRECT THAT COUNTY FUNDS HAVE NOT BEEN PUT IN THIS PORTION. I WANT TO NOTE FOR THE RECORD THAT WE DID ACQUIRE A RIGHT-OF-WAY FOR A PORTION OF CENTER POINT. IT WAS A PARTIAL DONATION BUT WE DID REQUIRE RIGHT-OF-WAY FROM LAND OWNER BECK SEVERAL

YEARS AGO. >> AND ONE LAST QUESTION, EVEN THOUGH THE PID'S PAYING ALL OF THE FUNDS, THOSE OUTSTANDING DEBT ON THE BONDS SHOWS UP. THAT'S PART OF OUR TOTAL DEBT.

>> JUDGE BECERRA: THAT'S THE DOWNFALL THAT I HAVE LEARNED TO UNDERSTAND. IT SHOWS IT'S OUR $100

MILLION -- >> JUST LIKE THE PASS-THROUGH.

>> BUT IT'S -- >> THAT IS CONFUSING TO MOST.

THAT IS TRUE. >> THAT IS TRUE.

>> OKAY. SO, ON THAT PIECE, MR. KENNEDY, I WANT TO TAKE THAT MOMENT TO CLARIFY.

WE ACQUIRED SOME RIGHT-OF-WAY FROM CENTER POINT TO ULTIMATELY CONNECT TO THE PID. IS THAT WHAT THE IDEA IS?

[00:50:01]

>> NO. CENTER POINT HAS BEEN DESIGNED AS AN ARTERIAL, AND THE PORTION THAT RUNS THROUGH THE SPINE OF THAT PROJECT WAS ACQUIRED BY THE COUNTY.

IT'S A SIGNIFICANT AMOUNT OF RIGHT-OF-WAY MORE THAN WE WOULD NORMALLY REQUIRE A DEVELOPER TO DEDICATE, SO WE MADE A PURCHASE OF THAT AT A SIGNIFICANT DISCOUNT.

SO, IT WAS A PARTIAL DONATION BY THE DEVELOPER AT THE TIME.

>> JUDGE BECERRA: AND THE IDEA, JUST TO UNDER FURTHER, THE IDEA IS FOR THIS ROADWAY TO GO THROUGH THIS, TO END UP ON 12

ULTIMATELY, IS THAT RIGHT? >> IT IS ON 12.

>> IN OUR TRANSPORTATION PLAN, ULTIMATELY CENTER POINT GOES FROM HUNTER ROAD TO RN12 AT THE INTERSECTION AT WONDER WORLD AND OLD 12. WHICH IS LA CIMA.

THAT IS CENTER POINT. AT THIS POINT CENTER POINT WILL BE CONSTRUCT FROM HUNTER ROAD TO THE END OF LA CIMA -- I MEAN THE END OF KISSING TREE'S PROPERTY AND FROM 12 TO THE END OF LA CIMA'S PROPERTY THEN THE GAP IN BETWEEN WHICH THERE'S MULTIPLE PROPERTY OWNERS, AT LEAST TWO THAT ARE BETWEEN THE END OF LA CIMA'S PROPOSED DEVELOPMENT AND KISSING TREE'S PROPOSED DEVELOPMENT. THAT WILL REMAIN ON THE PLAN.

THAT'S THE PROJECT AT SOME POINT THE COUNTY CAN LOOK AT OR THE CITY CAN LOOK AT. THE CITY ALREADY ANNEXED KISSING TREE. IT'S LIKELY THOSE COULD ALL BE IN THE CITY LIMITS WHENEVER THAT IS DONE.

AT THIS POINT CENTER POINT IS SHOWN AS THAT CONNECTION

BETWEEN 12 AND HUNTER ROAD. >> JUDGE BECERRA: THANK YOU FOR

THAT CLARIFICATION. >> COUNTY ROAD IN LA CIMA, BUT A CITY ROAD IN KISSING TREE. IS THAT CORRECT? OR COUNTY ROAD IN PORTIONS OF LA CIMA.

>> CORRECT. PORTIONS OF LA CIMA.

THERE'S PORTIONS THE CITY HAS NOW ANNEXED.

AS THAT HAPPENS FURTHER AND FURTHER BACK THE CITY WILL MAINTAIN IT FROM THAT POINT ON. THEY WILL TAKE OVER.

>>> THAT'S ANOTHER CLARIFICATION POINT.

AS THIS IS DEVELOPING THE CITY OF SAN MARCOS IS ANNEXING.

>> CORRECT. >> JUDGE BECERRA: DID YOU EXPAND FOR A MOMENT THE PROCESS THE CITY IS GOING THROUGH ON

THAT ANNEXATION FRONT? >> MY UNDERSTANDING IS THAT AS EACH AREA IS PLATTED, THAT'S THE TRIGGER UNDER THE DEVELOPMENT AGREEMENT THAT WAS SCHOOLED BY THE COUNTY, THE

CITY, AND THE DEVELOPER. >> CORRECT.

>> SO, I JUST HAVE A QUESTION. THEY'RE ANNEXING BEFORE THERE'S ANY RESIDENTS SO THEY WON'T HAVE TO GO TO THE VOTE FOR THAT OR THEY HAVE TO HAVE ONE PROPERTY OWNER TO VET YES TO

GET ANNEXED. >> IT'S WRITTEN INTO THE

DEVELOPMENT AGREEMENT. >> IT'S ALREADY GRANDFATHERED

IN. >> AS THEY ANNEX, THEY FINALLY PLATTED SECTION, IT IS TRUE THE DEVELOPER IS THE ONLY OWNER OF

THOSE PLOTS AT THAT TIME. >> OKAY.

>> OKAY. MUCH CLARITY HAS BEEN PROVIDED.

DO WE HAVE A MOTION? WE HAVE A MOTION ALREADY AND A

SECOND. >> DO I NEED TO READ THAT

ENTIRE -- >>> JUST FOR SAFETY.

>> I WANT TO MAKE SURE BECAUSE IT'S HARD FOR ME TO READ THAT MUCH. I DID GO TO A&M.

OKAY, I'LL GIVE IT A SHOT. IF THERE'S NO FURTHER QUESTIONS, I WILL MOVE TO ADOPT AN ORDER OF THE COMMISSIONER'S COURT OF HAYES COUNTY TEXAS ACCEPTING AND APPROVING A SERVICE AND ASSESSMENT PLAN IN NEIGHBORHOOD IMPROVEMENT AREA NO. 2 ASSESSMENT ROLL FOR LA CIMA DISTRICT MAKING THE FINDING AND SPECIAL DISTRICT TO NEIGHBORHOOD NO. 2 OF THE DISTRICT, LEVYING SPECIAL ASSESSMENTS AND PROVIDING A METHOD OF ASSESSMENT IN THE NEIGHBORHOOD IMPROVEMENT AREA IN ACCORDANCE WITH CHAPTER 372 TEXAS LOCAL GOVERNMENT CODE AS AMENDED PROVIDING PENALTIES AND INTEREST ON DELINQUENT ASSESSMENTS PROVIDING FOR SEVERALABILITY AND PROVIDING AN

EFFECTIVE DATE. >> SECOND.

>> JUDGE BECERRA: WE HAVE A VERY LONG MOTION AND A SECOND.

ARE THERE ANY LONG COMMENTS? PLEASE CALL THE ROLL

[25. Discussion and possible action to adopt a Resolution of the Commissioners Court of Hays County, Texas Approving and Authorizing the County Judge to execute a La Cima Public Improvement District, Neighborhood Improvement Area #2 Landowner Agreement by and between Hays County, Texas, and LCSM Ph.2, LLC. SHELL]

PLEASE OPEN 25? >> 25, DISCUSSION AND POSSIBLE ACTION TO ADOPT A RESOLUTION OF THE COMMISSIONERS COURT OF HAYES COUNTY TEXAS APPROVING AND AUTHORIZING THE COUNTY JUDGE TO EXECUTE A LA CIMA PUBLIC IMPROVEMENT DISTRICT NEIGHBORHOOD IMPROVEMENT AREA NO. 2, LAND OWNER AGREEMENT BY AND BETWEEN HAYES COUNTY TEXAS AND LCSM PHASE 2LLC.

>> SO MOVED. >> JUDGE BECERRA: MOTION?

>> SECOND. >> JUDGE BECERRA: AND A SECOND AND COMMISSIONER THERE'S THAT WORD CHOICE.

NEIGHBORHOOD IMPROVEMENT AREA. THERE IT COMES AGAIN.

NICE CLARIFICATION. >> YES, JUDGE.

AND YOU CAN EXPLAIN THIS DOCUMENT.

[00:55:01]

>> YES, THIS DOCUMENT IS A FOLLOW-UP TO THE SERVICE AND ASSESSMENT PLAN AND ASSESSMENT LEVY.

IT'S WHERE THE LAND OWNER ACKNOWLEDGES AND ACCEPTS THE ASSESSMENT AND THEN AGREES, AS YOU INDICATED EARLIER, TO NOTIFY ALL POTENTIAL PURCHASERS OF THE PROPERTY THAT IS SUBJECT TO ASSESSMENT AND THIS LAND OWNER AGREEMENT WILL BE FILED IN THE OFFICIAL PUBLIC RECORDS OF THE COUNTY.

>> JUDGE BECERRA: DO YOU HAVE A SAMPLE OF THAT AGREEMENT?

>> I BELIEVE IT -- >> JUDGE BECERRA: THAT YOU

COULD HOLD UP TO THE -- >> YEAH.

>> JUDGE BECERRA: FOR THE PUBLIC TO SEE? THAT IT'S NOT FINE PRINT ON THE BOTTOM OF THE PIECE OF PAPER?

THAT'S MY GOAL. >> IT IS FAIRLY LENGTHY AS

WELL. >> THE ACTUAL AGREEMENT.

THIS IS PART OF THE STACK THAT WE SIGN WHEN WE BUY A HOUSE.

>> YES, YES. >> JUDGE BECERRA: BUT I WANT TO MAKE SURE THAT OUR COMMUNITY KNOWS THAT THESE STACKS BEING TAKEN, SO THAT THEY WON'T INADVERTENTLY --

>> YEAH. >> JUDGE BECERRA: THANK YOU FOR THAT. HOLD ON FOR A SECOND, LET THE CAMERA CHIME IN SO YOU SEE YOU HAVE IT, THERE IT IS AND PEOPLE CAN ZOOM IN AND KNOW IT'S A DOCUMENT IN OUR AGENDA AS WELL.

>> YES. >> IT'S ON PAGE 02 OF OUR

PACKETSES >> JUDGE BECERRA: AND THE WAY TO READ THE AGENDA, ON THE SECOND COLUMN OF THAT AGENDA ITEM, YOU'LL SEE THE PAGE GROUPING.

SO AGENDA ITEM NUMBER 25 STARTS AT PAGE 295 AND ENDS AT 471.

IN CASE SOME OF YOU WONDER WHAT SOME OF THOSE NUMBERS.

IF YOU WANT TO GO AND REFERENCE THIS INFORMATION IN OUR COURT OF RECORD YOU GO THERE AND IT SHALL BE THERE AND IT IS ALWAYS GOING TO BE THERE. THANK YOU FOR DOING THIS.

I KNOW IT SEEMS THEATRICAL BUT THERE'S A LOT OF CONCERN AND I WANT TO HELP PACIFY SOME OF THAT.

>> UNDERSTOOD. >> JUDGE BECERRA: THANK YOU, COMMISSIONERS, ANY OTHER COMMENTS? WE GOT A MOTION AND SECOND PLEASE CALL THE ROLL.

DO WE GOT TO DO 26? >> THAT'S A SEPARATE ITEM.

[17. Discussion and possible action to authorize the County Judge to execute a Professional Services Agreement (PSA) between Hays County and Freese and Nichols, Inc. to provide schematic, environmental documentation and Plans, Specifications & Estimates (PS&E) services for the Jacobs Well Road Corridor Study Project from FM 2325 to RM 12 as part of the 2016 Road Bond Program. SHELL/BORCHERDING]

>> JUDGE BECERRA: LET'S GO BACK TO 17.

>> 17 DISCUSSION AND POSSIBLE ACTION TO AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN HAYES COUNTY AND FREESE AND NICHOLS INC. TO PROVIDE SCHEMATIC, ENVIRONMENTAL DOCUMENTATION AND PLANS SPECIFICATIONS AND ESTIMATES SERVICES FOR THE JACOBS WELL ROAD CORRIDOR STUDY PROJECT FROM FM2325 TO RM12 AS PART OF

THE THE 2016 ROAD BOND PROGRAM. >> SO MOVED.

>>. >> SECOND.

>>> MOTION AND SECOND, COMMISSIONER?

>> THIS WAS ANOTHER ITEM FROM THE ROAD BOND THIS FIRM WAS SELECTED A COUPLE MONTHS AGO. THIS WAS THE ACTUAL PROFESSIONAL SERVICES AGREEMENT FOR THE WORK.

THIS IS THE JOCK ONES WELL ROAD CORRIDOR STUDY BETWEEN FH2325 AND RM12 AND ONE OF THE REASON THIS PROBABLY WAS SELECTED IS BECAUSE OF A CRUX OF A NEW SCHOOL OF RANCH ROAD 12 AND WINTERS MILL AND PLAN INCREASED TRAFFIC THAT WILL USE JACOBS WELL. THE SCHOOL IS DESIGNED SUCH THAT ALL SCHOOL BUSES EXITING THE NEW ELEMENTARY SCHOOL THERE AT THE CORNER WILL USE JACOBS WELL ROAD TO GET TO 2325 WHERE THE OTHER SCHOOLS IN THE DISTRICT.

SO, AT THIS POINT ALL OF THE SCHOOLS HAVE BEEN ON 2325 SO THIS WILL BE THE FIRST SCHOOL THAT'S NOT AND PREFERRED ROUTE WILL BE FOR BUSES AND MANY PARENTS TO TAKE JACOBS WELL ROAD TO GET TO OTHER SCHOOLS WHERE THEY HAVE MULTIPLE CHILDREN. THAT'S ONE OF THE REASONS WE FOCUSED ON THIS PART. THIS ROAD HAS A LOW WATER CROSSING, AND SOME INTERSECTIONS WITH BOTH 12 AND 2325 THAT PRESENT SOME CHALLENGES.

SO, WE'VE KIND OF BEEN LOOKING AT THAT AREA HOLISTICALLY TO MAKE SURE WE HAVE IMPROVEMENTS DESIGNED FOR WHAT WE EXPECT TO BE SOME INCREASED TRAFFIC. ANOTHER CONCERN IS THE CITY OF WOOD CREEK THAT CONNECTS RANCH ROAD 12 AND 2325.

THE STREETS THROUGH THAT AREA ARE SOME CITY STREETS WITHIN THE CITY OF WOOD CREEK, SOME THAT ARE CONTROLLED BY MULTIPLE POAS AND SOME THAT ARE COUNTY MAINTAINED, PROPERTY OWNERS ASSOCIATIONS. ONE OF THEM HAD TWO PROPERTY OWNERS ASSOCIATIONS THAT HAVE INTEREST IN THOSE ROADS.

A SEGMENT IS COUNTY MAINTAINED ROAD AND SECTION THROUGH WOOD CREEK IS A CITY STREET. THAT'S NOT THE PREFERRED ROUTE THROUGH A VERY TIGHT STREET WITH HOUSES BUILT CLOSE TO THE ROAD. IT'S REALLY NOT MADE TO BE A THOROUGHFARE TO CONNECT TO RMS THAT IT COULD BE.

[01:00:01]

WE WANT TO MAKE SURE WE HAVE A SAFE ALTERNATIVE TO THAT.

KNOWING TRAFFIC WILL LIKELY PROBABLY FIND THE PATH OF LEAST RESISTANCE. WE WANT TO MAKE SURE THAT DOESN'T POSE A DANGER TO CITIZENS ON WOOD CREEK AND NORTH CREEK ROAD IS IN A COUNTY NOT IN THE CITY THAT HAS SIGHT ISSUE, THAT PULLING OUT OF ONE OF THOSE INTERSECTIONS ALREADY IS A CHALLENGE, SO WE WANT TO MAKE SURE WE ADDRESS THAT, UNDERSTANDING THAT THAT INCREASED TRAFFIC IS GOING TO CAUSE THAT TO BECOME EVEN MORE DANGEROUS FOR THOSE RESIDENCES IN NORTHWOOD CREEK AREA. THIS PROJECT IS TO LOOK AT THAT ENTIRE CORRIDOR AT JACOBS WELL ROAD.

AT THE SAME TIME WE'RE LOOKING AT THE INTERSECTION OF 12, TWO DIFFERENT SECTIONS OF 12 IN THAT WAY.

THOSE FIRMS HAVE BEEN SELECTED IN THE PAST.

I BELIEVE THEY ARE UNDER CONTRACT AT THIS POINT.

I BELIEVE THIS IS THE LAST ONE OF THESE IN THIS AREA.

>> JUDGE BECERRA: THANK YOU FOR THAT DETAILED STATEMENT, COMMISSIONER. VERY WELL DONE.

QUESTION, JUDGE? ANY OTHER COMMENT, CONCERNS OR QUESTIONS? MR. BORCHERDING.

DID WE LEAVE ANYTHING OUT? >> NO.

>> IF THERE'S NOTHING FURTHER I AUTHORIZE THE COUNTY JUDGE TO SKEW A SERVICE AGREEMENT WITH FREESE AND NICHOLS TO PROVIDE SCHEMATIC ENVIRONMENTAL DOCUMENTATION AND PLANS SERVICES FOR THE JOIQUE ONES WELL ROAD CORRIDOR STUDY PROJECT AS PART OF THE ROAD BOND PROGRAM.

>> JUDGE BECERRA: WILL YOU CALL THE ROLL?

[18. Discussion and possible action to call for a public hearing on March 10, 2020 to establish a speed limit of 20 MPH in Sunfield subd, Phase 1, Sections 1-2, and a 35 MPH speed limit on Sunbright Blvd. JONES/BORCHERDING]

>> 18, DISCUSSION OF POSSIBLE ACTION TO CALL FOR A PUBLIC HEARING ON MARCH 10TH, 2020 TO STAESH A SPEED LIMIT OF 20 MILES PER HOUR IN SUNFIELD SUBDIVISION PHASE 1, SECTION, 1 AND 2, AND A 35-MILE-PER-HOUR SPEED LIMIT ON SUN BRIGHT

BOULEVARD. >> SO MOVED.

>> SECOND. >> JUDGE BECERRA: WE HAVE A

MOTION AND SECOND. >> WE'RE JUST CALLING FOR A PUBLIC HEARING ON THIS. WE HAD REQUEST FORCE THIS.

>> JUDGE BECERRA: IF THERE ARE NO OTHER COMMENTS PLEASE CALL

THE ROLL. >> COMMISSIONER SHELL.

>> YES. COMMISSIONER JONES.

>> YES. COMMISSIONER SMITH.

>> YES. COMMISSIONER INGALSBE.

[19. Discussion and possible action to authorize the County Judge to execute a Contract Amendment No. 1 to a Contract between Hays County and American Structurepoint, Inc., executed on or about October 11, 2017, for the RM 3237 Safety Improvements project from RM 12 to RM 150 as part of the 2016 Road Bond Program. SHELL/BORCHERDING]

>> YES. JUDGE BECERRA.

>>> YES PLEASE OPEN 19. >> DISCUSSION AND POSSIBLE ACTION TO AUTHORIZE THE COUNTY JUDGE TO EXECUTE A CONTRACT AMENDMENT NO. 1 TO A CONTRACT BETWEEN HAYES COUNTY AND AMERICAN STRUCTUREPOINT INC. EXECUTED ON OR ABOUT OCTOBER 11, 2017 FOR THE RM 3237 SAFETY IMPROVEMENTS PROJECT FROM RM12 TO RM150 AS PART OF THE 2016 ROAD BOND PROGRAM.

>> SO MOVED. >> SECOND.

>> WE HAVE A MOTION AND SECOND. COMMISSIONER, WILL YOU EXPLAIN

THE AMENDMENT? >> YES, SIR.

THANK YOU, JUDGE. SO, IN -- FOR THIS CONTRACT, THE PROPOSED AMENDMENTS, DEAL WITH THE SUBCONTRACTOR RATES, AND THERE ARE THREE OF THE SUBCONTRACTORS THAT HAVE CHANGED. ONE IS FOR A SUBCONTRACTOR, ROB KISSNER. THERE WERE RANGES IN THE CONTRACT, INSTEAD OF EXACT OURLY RATE FORCE CERTAIN POSITION THERE'S WAS A RANGE TORE THAT POSITION THAT'S CAUTIONED COMPLICATIONS IN ASSIGNING THOSE HOURLY RATES SO WE HAVE ASKED THAT THEY HAVE ONE HOURLY RATE AS ALL OF OUR OTHER CONTRACTS DO. NONE OF THE HOURLY RATES INCREASING. IT IS JUST REMOVING A RANGE TO A RATE. THE OTHER IS JUST A NAME CHANGE WITH RDS BECOMING WSB. THEY HAVE ADDED SOME RATES FOR OTHER POSITIONS. THOSE RATES ARE ALL LOWER THAN THE RATES THAT ARE CURRENTLY APPROVED FOR THE FORMERLY RDS, NOW WSB. SO, AGAIN, THERE'S NO INCREASE IN ANY RATES JUST ADDITIONAL POSITIONS.

YOU MIGHT HAVE SOMETHING THAT AN ENGINEERING TECHNICIAN HAS BEEN ADDED, AS WELL AS ENGINEERING.

THAT ENGINEERING TECHNICIAN'S RATE IS LOWER THAN THE ENGINEER. AND THERE IS A NEW SUBCONTRACTOR THAT WOULD LIKE TO ADD WHICH IS CAMBRIA ENVIRONMENTAL. THAT'S A NEW SUBCONTRACTOR ADDED TO THE RATE SCHEDULE FOR THE CONTRACTORS, SO, THERE'S PROBABLY ABOUT FIVE OR SIX SUBCONTRACTORS THAT WILL NOW BE REFLECTED WITHIN RATES FOR VARIOUS POSITIONS.

>> ARE THERE ANY OTHER COMMENTS OR QUESTIONS ABOUT THIS AGENDA

ITEM? >> AND MY FIRST QUESTION WHEN THIS WAS SUBMITTED WAS, OBVIOUSLY WE DON'T HAVE TO AGREE TO AMEN RATES AND WE WOULDN'T IF THEY ARE GOING TO GO UP. OBVIOUSLY I WANTED TO MAKE SURE WE'RE NOT APPROVING INCREASING RATES FOR SUBCONTRACTORS.

>>> WILL YOU PLEASE CALL THE ROLL?

>> COMMISSIONERS JONES. >> YES.

COMMISSIONER SMITH >> YES.

[01:05:02]

COMMISSIONER INGLES BYE. >> YES.

[20. Discussion and possible action to authorize the County Judge to execute the Second Amendment to a Professional Services Agreement (PSA) between Hays County and Lockwood, Andrews & Newman, Inc. executed on or about October 31, 2017 for Right of Way Service for Dacy Lane, Phase II from Amberwood Loop to Hillside Terrace, road widening and realignment project. INGALSBE/JONES]

COMMISSIONER SHELL? >> YES.

JUDGE? >> JUDGE BECERRA: YES.

PLEASE OPEN NO. 20. >> 20, DISCUSSION AND POSSIBLE ACTION TO AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN HAYES COUNTY AND LOCKWOOD ANDREWS AND NEWMAN INC.

EXECUTED ON OR ABOUT OCTOBER 31, 2017 FOR RIGHT-OF-WAY SERVICE FOR DACY LANE PHASE 2 FROM AMORWOOD LOOP TO ILL SIDE

TERRACE. >>.

>> SO MOVED. >> SECOND.

>> JUDGE, WE'RE TAKING SOME FUNDS ORIGINALLY TAKEN FOR FEES AND USING THOSE FOR ACQUISITION SERVICES INSTEAD.

THERE'S NO FUNDS REQUESTED JUST A TRANSFER HOW WE'RE USING

THOSE FUNDS. >> JUDGE BECERRA: PERFECT ANY OTHER COMMENTS? PLEASE CALL THE ROLL.

>> COMMISSIONER INGALSBE. >> YES.

[21. Discussion and possible action to award RFQ 2020-Q02 Lime Kiln Road CE&I Professional Services to BGE, Inc. and authorize staff and General Counsel to negotiate a contract. SMITH/BORCHERDING]

>> JUDGE BECERRA: PLEASE OPEN 21.

>> 21 DISCUSSION AND POSSIBLE ACTION TO AWARD RFQ, 2020-F02 LIME KILN ROAD CE&I PROFESSIONAL SERVICES TO GBE INC. TO AUTHORIZE STAFF AND GENERAL COUNSEL TO NEGOTIATE A

CONTRACT. >> JUDGE BECERRA: AND WE HAVE ONE PERSON TO SPEAK. MR. AMAYA.

YOU HAVE THREE MINUTES. >> ON THIS AGENDA ITEM, I ASK YOU ALL TO PLEASE DON'T SUPPORT IT ON THE GROUNDS THAT I SERIOUSLY QUESTION LEGAL COUNSEL'S ABILITY TO DIFFERENT PROPER COUNSEL, THE ATTORNEY FOR THE COUNTY HAS COST TAX PAYERS, ACCORDING TO MY SOURCES, 1.4 MILLION FOR THAT WATER DEAL. HE WAS INVOLVED IN THE DESIGN OF THE GOVERNMENT CENTER IF YOU LOOK AT THE LAST RUN REPORT.

WHICH IS A REPORT THAT TELLS US HOW MANY TIMES COUNTIES PAID OUT SEPTEMBERLEMENTS AGAINST ANYTHING FROM DISCRIMINATION TO HARASSMENT TO -- YOU GET TO THE TEXAS ASSOCIATION ACCOUNTINGS, I WENT AND GOT MY LIST, WE PAY MILLIONS OF DOLLARS IN LAWSUITS, SETTLEMENTS. CURRENTLY, ITEM, COMMISSIONER SHELL'S PRECINCT, WE GOT THAT ISSUE OVER THERE.

AND I REMEMBER A WHILE BACK COUNSELOR WAS HEADED TO GO PUT OUT THE FIRE OVER THERE. OBVIOUSLY IT DIDN'T WORK.

YOU KNOW, REALLY BOTHER HE'S YOU HAVE TWO JOBS AND YOU'RE HERE AT THE UNIVERSITY TEACHING.

WHAT ARE WE GETTING OUT OF IT? LOTS AND LOTS OF MONEY IN LAWSUITS. I'M NOT SURE YOU ARE AWARE A FORMER EMPLOYEE OF THE COUNTY WORKED FOR MR. KENNY FOR TEN YEAR, THERE'S TWO INMATES THAT PASSED AWAY AND SOME OF THE INFORMATION WAS HELL FROM THE FAMILIES WAS IN THE MILLIONS.

THAT'S WHAT HIS WORDS WERE. SO, ON THOSE GROUNDS, I ASK YOU ALL TO PLEASE QUESTION HIS ABILITY TO LEAD THIS COUNTY'S LEGAL INTEREST IN THE RIGHT DIRECTION.

THANK YOU. >> JUDGE BECERRA: THANK YOU.

MR. AMAYA. JUDGE?

>> I'LL ENTERTAIN A MOTION. >> I MOVE THAT WE AWARD RFX2020-Q02 LIME KILN ROAD CE&I PROFESSIONAL SERVICES TO GBE INK AND AUTHORIZE STAFF AND GENERAL COUNSEL TO NEGOTIATE A

CONTRACT. >> SO MOVED.

>> SECOND. >> JUDGE BECERRA: DO WE HAVE

COMMENTS? >> ANY, JUDGE, IF YOU'RE FAMILIAR WITH LIME KILN ROAD YOU'RE FAMILIAR WITH THE FLOODING ISSUE. THIS IS THE FIRST STEP IN THE PROCESS OF SOLIDIFYING THE CONSTRUCTION OF THAT PROJECT.

IN THE PAST WE HAVE THE MANAGEMENT TEAM IN PLACE AND THIS IS THE ACTUAL CONTRACTORS WHO WILL BE PUTTING THE BRIDGE IN. I KNOW THOSE FOLKS HAD TO DEAL WITH FLOODING FOR LITERALLY DECADES AND THIS IS HOPEFULLY THE FIRST STEP IN SOLVING THAT PROBLEM.

I APPRECIATE MR. BORCHERDING PUTTING THE WORK FORWARD AND THERE WAS A REVIEW PROCESS AND SCOREING PROCESS AND THE QUARTERBACK THAT CAME OUT ON TOP HAD EXCELLENT SCORES ACROSS THE BOARD AND WE'RE LOOKING FORWARD TO GETTING THE PROJECT

STARTED. >>> COMMISSIONER YOUR TIME IS UP.

>>> WE HAVE A MOTION AND SECOND? ARE THERE ANY OTHER COMMENTS? PLEASE CALL THE ROLL.

[22. Discussion and possible action to consider granting a variance from Chapter 725.3.07 (B) of the Hays County Development Regulations for the Amended Plat of Valley View West, Lots 4-E and 4-F. SMITH/MACHACEK]

PLEASE OPEN AGENDA ITEM NUMBER 22.

>> 22, DISCUSSION AND POSSIBLE ACTION TO CONSIDER GRANTING A VARIANCE FROM CHAPTER 2725 .3 .07B OF THE HAYES COUNTY

[01:10:06]

DEVELOPMENT REGULATIONS FOR THE AMENDED PLAT OF VALLEY VIEW

WEST, LOTS 4-E AND 4-F. >> JUDGE BECERRA: PLEASE IDENTIFY YOURSEL FOR THE CAMERA.

>> GOOD MORNING, COMMISSIONERS MY NAME IS COLBY MACHACEK I'M A PLANNER FOR THE DEVELOPMENT SERVICES OFFICE IN HAYES COUNTY. VALLEY VIEW WEST IS A RECORDED SUBDIVISION IN PRECINCT 4. THE PROPOSED AMENDED PLAT LOTS 4E AND 4F SEEKS TO MODIFY LOT LINES ACROSS THE EXISTING 8 POINT 13 ACRES AND CONTAIN THE EXISTING POND WITHIN THE BOUNDARIES OF PROPOSED LOT 4E AND 4F.

WATER WILL BE PROVIDED BY WELLS WHILE WASTE WATER TREATMENT WILL BE ACCOMPLISHED BY INDIVIDUAL ONSITE SEWAGE FACILITIES. DURING REVIEW IT'S NOTED THE PROPERTY RECEIVES OVER 60 ACRES OF DRAINAGE FROM STORMWATER RUN-OFF. PER CHAPTER 725. .07B.

A DRAINAGE AREA OF 60 ACRES OR GREATER IN A WATERSHED IN A REGULATORY FLOODPLAIN NOT PREVIOUSLY IDENTIFIED SHALL REQUIRE LOCATION OF FLOODPLAIN. AREAS LESS, THE IDENTIFICATION OF A LOCAL FLOODPLAIN IS NOT REQUIRED HOWEVER ANY CONCENTRATED FLOW NECESSITATES THE DEDICATION OF THE DRAINAGE EASEMENT. THE OWNER IS REQUESTING VARIANCE TO REQUIRING THE FLOODPLAIN BUT AGREED TO THE ADDITION OF DRAINAGE EASEMENT TO PRESENT DEVELOPMENT IN AN AREA CAPABLE OF RECEIVING CONCENTRATED FLOW OF STORMWATER. AMENDED PLATFORM VALLEY VIEW WEST LOTS 4E AND 4E WAS REVIEWED UNDER THE INTERIM COOPERATION AGREEMENT WITHIN THE CITY OF SAN MARCOS AND VARIANCE REQUIRED FOR APPROVAL AS THIS IS THE FINAL FOR REVIEW. IN ADDITION TO THE JUSTIFICATION AND DECISIONS PROVIDED IN BACK-UP.

IT'S REQUESTED TO HAVE THE ADMINISTRATOR SPEAK IN ADDITION TO THIS ITEM OR ASSIST IN ANSWERS ANY QUESTION.

>> JUDGE BECERRA: THANK YOU. I'LL ENTERTAIN A MOTION.

>> MR. -- >> JUDGE BECERRA: PLEASE,

PLEASE. >> THEY'RE MOVING THAT LOT LINE, SO IT WILL BE LOCATED ON ONE LOT, AND -- SO THE -- THESE ARE ALSO LOTS PEOPLE WON'T BE ARGUING ABOUT.

SO, WHAT I DID WAS THEY HAVE ABOUT 169 ACRES OF DRAINAGE THAT GOES THROUGH THIS LOT. AND I JUST --

>>> THANK YOU, TOM. >> THANK YOU, SIR.

VERY MUCH. COMMISSIONER, CAN WE GET A

MOTION? >> YES.

I MOVE THAT WE GRANT A VARIANCE FROM CHAPTER 725 .3.07B OF THE HAYES COUNTY DEVELOPMENT REGULATIONS FOR THE AMPDED PLAT OF VALLEY VIEW WEST LOTS 4E AND 4F.

>> SECOND. >> JUDGE BECERRA: MOTION AND SECOND. COMMISSIONER ADDITIONAL

COMMENTS? >> I WANT TO THANK THE DEVELOPMENT DEPARTMENT FOR TAKING A LOOK AT THIS.

REALLY IF YOU LOOK AT THE BACKUP IT'S KIND OF SELF EXPLANATORY. IF YOU REVIEW THE MAPS AND EXISTING PLAT, I REALLY APPRECIATE THEM TAKING THE TIME TO EXPLAIN IT. SO, THANK YOU, AGAIN.

>> JUDGE BECERRA: THANK YOU VERY MUCH.

ANY FINAL COMMENTS? OKAY.

PLEASE CALL ROLL

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

>> JUDGE BECERRA: WILL YOU PLEASE OPEN AGENDA ITEM NO. 41?

[01:15:04]

>> 41. DISCUSSION RELATED TO THE HAYES COUNTY INMATE POPULATION TO INCLUDE CURRENT POPULATION

COUNTS AND COSTS. >>> I HAVE A REPORT AND IF I READ IT AT THE END, THE REASON I READ THIS REPORT FROM THE SHERIFF'S OFFICE EARLIER, IF I READ IT AT THE END.

PEOPLE WILL COME TO MY OFFICE AND SAY, YOU DIDN'T READ THE REPORT. SO I WANT TO GET IT IN AS EARLY AS I CAN. SO, THE SHERIFF'S OFFICE WEEKLY PROVIDES MY OFFICE THE REPORT OF JAIL CAPACITY AND AND ONGOING INMATES. SO THE CURRENT MAXIMUM JAIL CAPACITY IS STILL 362 INMATES. JAIL STANDARDS RECOMMENDS HOLDING APPROXIMATELY 10 PERCENT OF CAPACITY OPEN.

THAT LOWERS THE CAPACITY TO 311.

THE JAIL'S DAILY AVERAGE WAS 545 AND PEAK WAS 556 ON FEBRUARY 16TH, THE WEEK OF FEBRUARY 16 THROUGH FEBRUARY 22, 2020. THE ESTIMATED COST FOR OUTSOURCING INMATE THIS WEEK IS $83,375.

THE AVERAGE NUMBER OF OUTSOURCED MALES IS 202.

AND FEMALES ARE 11. THIS WEEK'S INMATES WERE HOUSED IN THE FOLLOWING COUNTIES: BELL, BURNETT, COLD CALDWELL, FORT BEND, GUADALUPE, TRAVIS AND WALKER.

[40. Discussion and possible action related to the burn ban and/or disaster declaration. BECERRA/RAVEN]

AND ADDITIONAL TIDBIT THERE IS NO BURN BAN.

THANK YOU FOR THAT. DO YOU HAVE 26 READ DIERKS

[26. Discussion and possible action to award RFQ 2020-Q05 Conservation Subdivision Research and Development Project to Gap Strategies - Dandy Planning, LLC, and authorize staff and General Counsel to negotiate a contract. SHELL]

PLEASE, TO OPEN? >> 26 DISCUSSION AND POSSIBLE ACTION TO AWARD RFX-2020-X05 CONSERVATION SUBDIVISION RESEARCH AND DEVELOPMENT PROJECT TO GAP STRATEGIES-DANDY PLANNING LLC AND AUTHORIZE STAFF AND GENERAL COUNSEL TO NEGOTIATE A CONTRACT. COMMISSIONER?

>> SO MOVED. >> SECOND.

>> JUDGE BECERRA: WE HAVE A MOTION AND SECOND.

COMMISSIONER, ADDITIONAL COMMENTS?

>> THANK YOU, JUDGE. THIS PROJECT, THE COURT APPROVED THIS, RFQ, A MONTH OR SIX WEEKS AGO.

WE DID HAVE A SCORING PROCESS THE SELECTION WAS GAP STRATEGY, DANDY PLANNING. I BELIEVE MISS STRICKLAND GAVE A PRESENTATION AND ALEX THOMPSON GAVE A PRESENTATION FOR IDEAS FOR CONSERVATION SUBDIVISION.

WE HAD REALLY GOOD RESPONSES FOR THIS, REALLY REALLY GOOD AND THIS ONE WAS EXCEPTIONAL, ONE OF THE TEAM MEMBERS IS SOMEONE WHO -- ACTUALLY HAS WRITTEN A BOOK ON CONSERVATION SUBDIVISION. I'M VERY EXCITED TO MEET WITH THIS PERSON AND HAVE HIM WORK IN HAYES COUNTY.

HE'S WORKED ALL OVER THE COUNTRY.

REALLY GOOD RESPONSE. EXCITED ABOUT THIS, IF APPROVED WE'LL PLAN ON BRINGING THE CONTRACT BACK FAIRLY QUICKLY HOPEFULLY WITHIN A WEEK OR TWO AND WE'LL SCOPE THAT OUT AND BLING THAT BACK TO THE COURT FOR APPROVAL.

BUT, JUST WANTED TO SAY WE HAD SOME REALLY GOOD RESPONSES FOR THIS AND WE'RE VERY EXCITED TO GET STARTED.

>> JUDGE BECERRA: WONDERFUL. ANY ADDITIONAL COMMENTS? PLEASE CALL THE ROLL.

>> JUDGE BECERRA: AND THAT REMINDS ME, WHEN YOU TALK ABOUT BRINGING AGENDA ITEM NEXT WEEK, IF I DON'T BRING IT UP NOW, I MAY FORGET. NEXT WEEK I WILL NOT BE IN COURT. I'VE ALREADY SPOKEN TO OUR -- WHAT'S YOUR TITLE? I FORGET IT SOMETIMES.

>> -- COUNTY JUDGE PRO TEM, OUR SENIOR COMMISSIONER, INGALSBE WILL RUN THE MEETING NEXT WEEK. OF I'LL BE IN MARYLAND.

I'VE BEEN BLESSED WITH THE PRIVILEGE AND OPPORTUNITY TO GO, ALL EXPENSE PAID TRIP FROM THE UNIVERSITY OF MARYLAND TO LEARN MORE THINGS SO I CAN BE A BETTER COUNTY JUDGE FOR YOU.

SO, I WON'T BE IN COURT NEXT WEEK AND NOW YOU KNOW WHY.

>> CONGRATULATIONS. >> JUDGE BECERRA: THANK YOU.

[27. Discussion and possible action to authorize the County Judge to execute a Maintenance Contract between Hays County and American Aerobic Management Systems (AAMS) in the amount of $2,985 for the annual maintenance and inspections of all Hays County septic systems. BECERRA/T.CRUMLEY]

WILL YOU PLEASE OPEN NO. 27. >> 27 DISCUSSION AND POSSIBLE ACTION TO AUTHORIZE THE COUNTY JUDGE TO EXECUTE A MAINTENANCE CONTRACT BETWEEN HAYES COUNTY AND AMERICAN AEROBIC MANAGEMENT

SYSTEMS IN THE AMOUNT OF 2,985. >> TONY: FOR THE ANNUAL MAINTENANCE AND INSPECTIONS OF ALL HAYES COUNTY SEPTIC

SYSTEMS. >> SO MOVED.

>> SECOND. >> JUDGE BECERRA: WE HAVE A MOTION AND SECOND. ANY COMMENTS?

MISS CRUMLEY? >> WE HAVE NINE SYSTEMS THAT NEED INSPECTED

>> JUDGE BECERRA: THANK YOU. WE HAVE A MOTION AND SECOND.

IF THERE ARE NO OTHER COMMENTS PLEASE CALL ROLL.

[28. Discussion and possible action to execute a Memorandum of Understanding between the Hays County Veteran's Service Office and Samaritan Center Counseling related to counseling services to individual veterans and/or their family members at no cost to the County. INGALSBE/PRATHER]

[01:20:13]

28. >> 28 DISCUSSION AND POSSIBLE ACTION TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE HAYES COUNTY VETERAN'S SERVICE OFFICE AND SAMARITAN CENTER COUNSELING RELATED TO COUNSELING SERVICES TO INDIVIDUAL VETERANS AND/OR THEIR FAMILY HELPS AT NO COST

TO THE COUNTY. >> SO MOVED.

>>> NO. NO PERFECT THAT'S FINE.

>> SECOND. >> JUDGE BECERRA: WE HAVE A MOTION AND SECOND. WILL YOU PLEASE APPROACH THE

PODIUM AND IDENTIFY YOURSELF. >> MORNING JUDGE AND COMMISSIONERS I ALSO HAVE WITH US ONE OF OUR SOCIAL WORK INTERNS, MICHELLE ROBINSON, SHE'S WORK ON THIS PROJECT.

WHAT WE'RE TRYING TO DO IS PROVIDE COUNSELING SERVICES AT

THE COURTHOUSE FOR VETERANS. >> INTRODUCE YOURSELF.

>> YES, SIR. SHE'S A SERVICE OFFICER WERE

HAYES COUNTY. >> BUT, YES, THE DIFFERENCE BETWEEN THIS MOU AND THE AUSTIN VET CENTER, BOTH OF THEM WILL BE PROVIDING COUNSELING SERVICES FOR VETERANS BUT THE SAMARITAN CENTER WILL PROVIDE COUNSELING SERVICES FOR FAMILIES, SPOUSES OF VETERANS AS WELL.

THAT'S THE DIFFERENCE BUT THE GOAL IS FOR US TO HAVE NEARLY WEEKLY AVAILABILITY TO HAVE COUNSELORS HERE PROVIDE THOSE

SERVICES FOR OUR VETERANS. >> THAT'S WONDERFUL.

THANK YOU SO MUCH. >>> WE HAVE A MOTION AND SECOND. ARE INTEREST ADDITIONAL

COMMENTS OR QUESTIONS? >> I'M CONTINUALLY AMAZED OF ALL OF THE THINGS YOU DO IN YOUR OFFICE AND HOW CREATIVE YOU ARE. THANK YOU.

THERE?

>> SINCE YOU'RE HERE AND YOU WAITED THROUGH THIS WHOLE THING AND YOU'RE AT THE PODIUM, YOU MIGHT AS WAY SAY A FEW WORDS.

BUT START WITH YOUR INTRODUCTION.

>> MY NAME IS SHERYL ROBINSON, I'M SENIOR SPOKESPERSON.

OPPORTUNITY TO WORK HERE FOUR SEMESTERS NOW, AND THEY DO AMAZING WORK AND THIS IS SOMETHING THAT IS NEEDED WITHIN

THE INDIVIDUAL COMMUNITY. >> JUDGE BECERRA: THANK YOU.

THANK YOU FOR BEING HERE AND THANK YOU FOR YOUR CONTRIBUTION TO OUR PROGRAM. BECAUSE, I, TOO, FEEL VERY PROUD OF WHAT OUR COUNTY IS DOING, FOR OUR VETERANS.

EVERY BEATING HEART MATTERS, AND I THANK YOU FOR THAT SPACE.

WILL YOU PLEASE CALL THE ROLL?

[29. Discussion and possible action to award RFQ 2020-Q03 On-Call CE&I Professional Services to place the following firms into a pool for services on an as-needed basis: BGE, Inc., Pape-Dawson Consulting Engineers, and HDR Engineering, Inc. JONES]

>>> WILL YOU PLEASE OPEN 29. >> 29, DISCUSSION AND POSSIBLE ACTION TO AWARD RFX2020-Q03 ON CALL QE&I PROFESSIONAL SERVICES TO PLACE THE FOLLOWING FIRMS INTO A POOL FOR SERVICES ON AN AS-NEEDED BASIS: BGE INC., PAPE-DAWSON CONSULTING ENGINEERS AND HDR ENGINEERING INC.

>>> AND WE HAVE TWO SIGNED UP TO SPEAK.

THE FIRST ONE IS MR. RODRIGO AMAYA.

>> THANK YOU, AGAIN, JUDGE. THIS AGENDA ITEM, 29, THE LANGUAGE AS-NEEDED BASIS, CAN GREATLY CONCERN HE'S BECAUSE OF THE THERE'S AN OBVIOUS PATTERN OF RECKLESS SPENDING ON BEHALF OF THE COUNTY ON ALL PARTS. AS A TRAINED INVESTIGATOR, I CAN STAND UP HERE AND TELL YOU THAT.

I WANT TO SHARE THE ARTICLE MR. LYONS HAS UP HERE FROM THE COMMUNITY IMPACT THAT WAS RELEASED ABOUT THE REAL COST OF DOING BUSINESS FOR THE CITY OF SAN MARCOS AND THE OTHER INCIDENT THAT JUST HAPPENED WHERE THEFT BY A PUBLIC SERVANT, OVER 30,000, 150,000. I ALSO READ AN ARTICLE YESTERDAY ABOUT A FORMER DEA AGENT THAT WAS ARRESTED FRIDAY.

HE STOLE OVER $7 MILLION. $7 MILLION, AS A RESULT OF CLEAR, CLEAR LACK OF OVERSIECHT THERE'S A LOT OF IRRESPONSIBLE DECISIONS BEING HANDED DOWN FROM THIS COURT.

YOU GOT PROBLEMS AT EVERY LEVEL.

NOW, LAW ENFORCEMENT, YOUR HR DIRECTOR, SOMEBODY CAME UP

[01:25:02]

HERE, DISCLOSED THAT. WE GOT LOTS OF PROBLEMS, GUYS, COURT. DO I NEED TO START BEING RESPONSIBLE AND HOLDING THESE FOLKS ACCOUNTABLE.

STUFF LIKE THIS, AS-NEEDED BASIS.

WERE YOU ALL AWARE THE SHERIFF'S OFFICE HAS FOUR DRONES? SHERIFF PUT BULLETPROOF MATERIAL IN HIS OFFICE. HE'S HARDLY EVEN THERE.

YOU ALL APPROVED THAT. YOU HAVE TO BE VERY CAREFUL WITH THE TAKE PAYERS' MONEY, BECAUSE OVER 500 MILLION IN DEBT. THAT'S A LOT OF MONEY.

THANK YOU. >> JUDGE BECERRA: THANK YOU.

SIR. NEXT UP WE HAVE MR. DAN BY LYON. THANK YOU, JUDGE BECERRA.

AND ADDRESSING WHAT MR. AMAYA SAID.

I DO HAVE THAT LETTER HERE, I CAN GIVE YOU ALL OF THE DATES AND HELP HIM LOOK THAT UP. YOU ALL REALLY SHOULD HAVE ADDRESSED NO. 29, AGENDA ITEM 29 BEFORE PASSING NO. 21, BUT AS I'VE OBSERVED BEFORE, YOU'RE IN COMMISSIONER'S COURT, ONCE IT GETS ON THE AGENDA IT'S ALMOST A FOREGONE CONCLUSION IT WILL PASS NO MATTER WHAT THE OBJECTIONS ARE.

NOW, THE REASON I OBJECT TO THIS IS NOT ON THE ACCOUNT OF MONEY, ALTHOUGH THAT, AS MR. AMAYA POINTED THAT OUT, AND I TEND TO AGREE WITH HIM, BUT WHEN I LOOKED IN THE BACKUP, TO SEEMED TO HAVE A LOT TO DO WITH BGE INCORPORATED.

HOW DO I SAY THIS? I HATE TO SAY THIS, OUR OWN SWEET WONDERFUL, ALWAYS HELPFUL, ALWAYS CHEERFUL, AND I DO MEAN THAT SINCERELY, MARYSOL VILLAREAL ALONZO, COUNTY OFFICER, THE WIFE OF FREDDIE ALONZO, SENIOR KRUCK INSPECTOR FOR BGE. OBVIOUS CONFLICT OF INTEREST.

I KNOW THAT YOU THESE KIND OF THINGS BEFORE, VERY QUESTIONABLE, AS HE WAS TALKING ABOUT THE -- MR. AMAYA WAS TALKING ABOUT THE CHANGE ORDERS, AND THEN WE HAVE HER IN HERE AFTER ALL OF THAT HAS BEEN EXPOSED AND SHE DOES $7,000 OF WORK ON THE COURTHOUSE, NOT SAYING THAT SHE'S DONE ANYTHING WRONG. NOT BEEN PROVEN IN A COURT OF LAW. SO SHE'S INNOCENT UNTIL PROVEN GUILTY. THEN CONSTRUCTION.

SEIZURE OF THE LOREDO OFFICE, RECORDS AND YOU HAVE DAN BALM WORKING HERE, ONCE AGAIN, THERE'S NOTHING SPECIFIC ON THAT I KNOW OF BUT THE FBI DID SEIZE THE RECORDS.

YOU'VE GOT COUNTY TAX COLLECTOR SITTING ON THE BOARD, OVERSEEING THE CENTRAL SHE'S ANOTHER OBVIOUS CONFLICT OF INTEREST.

AND I KNOW MR. SMITH EXPLAINED ALL OF THAT.

MOST TORTURED LOGIC I COULD EVER IMAGINE.

I FIND IT ALMOST -- WELL, IT WOULD BE COMICAL IF IT WEREN'T SO SERIOUS. YOU ALL HAVE A HISTORY OF DOING THESE THINGS. GIVING CONTRACTS TO PEOPLE WITH CONFLICTS OF INTEREST. AND SOONER OR LATER, MORE PEOPLE THAN JUST I ARE GOING TO COME UP HERE AND SAYING, WAIT A MINUTE, THIS DOESN'T SOUND RIGHT.

THIS STINKS. THANK YOU VERY MUCH.

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

ITEM NUMBER 29 -- >> I MAKE A MOTION.

>> SO MOVED. >>> WE HAVE A MOTION AND A SECOND. AND --

>> JUDGE -- >> JUDGE BECERRA: YOU'LL START

US OFF? >> WHAT THIS DOES, IT GIVES US THE ABILITY -- EXCUSE ME, THESE ARE THREE FIRMS THAT WE PRE QUALIFY THAT CAN GO TO WORK FOR US AND WILL SAVE US A COUPLE OF STEPS FOR -- IF WE NEED TO GET SOMETHING DONE A LITTLE MORE QUICKLY. THEY STILL HAVE TO, ONCE THE PROJECT IS IDENTIFIED AND ONCE IT'S APPROVED, IT STILL HAS TO COME BACK TO US AFTER THE RATES ARE NEGOTIATED THROUGH COUNCIL, THEY STILL HAVE TO COME BACK TO US FOR APPROVAL BUT JUST SAVES US A STEP OF HAVING TO GO AND PRE APPROVE AND SELECT A FIRM.

>> JUDGE BECERRA: AND I UNDERSTAND THE AS-NEEDED BASIS PART THAT'S BEEN BROUGHT UP. I KNOW WE HAVE A -- I KNOW I, AS A CHAIR OF THIS MEETING, HAVE A VERY DELICATE SPACE TO SIT IN. IT IS IMPORTANT TO ME THAT I READ THIS EVERY TUESDAY. PLEASE KEEP YOUR COMMENTS AND LANGUAGE CIVIL AND RESPECTFUL OR YOU WILL FOR FIT THE

[01:30:02]

REMAINDER OF YOUR TIME. I PROMISE YOU I DO THE BEST I CAN TO SIT HERE JUST LIKE THIS IN MY HEAD WAITING FOR A REASON TO HIT THAT GAVEL TO ASK OUR BAILIFF TO HELP US OUT IN SOME CAPACITY IF NECESSARY, BUT I DO WANT TO MAKE SURE THAT WE, AS A COURT, ALSO, AS A CHAIR, MAINTAIN A FLOW THAT'S PRODUCTIVE AND USEFUL, SO, INSTEAD OF IDENTIFYING A SPECIFIC PEOPLE OR ISSUE RELATED TO SOMETHING POTENTIALLY JUST SAID, IF WE ADDRESS IN WAYS THAT ARE UNIVERSAL, I THINK THAT MIGHT WE MORE PRODUCTIVE TO PROVIDE ANSWERS THAT ARE FORMATTED IN A UNIVERSAL INFORMATIONAL APPROACH. SO, I WOULD LIKE TO HAVE EVERYTHING ADDRESSED IN THAT MANNER, SO THAT WE CAN MAINTAIN A PEACEFUL COURT AS WAS PRAYED FOR THIS MORNING.

THANK YOU. COMMISSIONER?

>> I'M GOING TO GO THROUGH THE ROOM.

>> JUDGE, I WOULD JUST -- I COMPLETELY AGREE WITH YOU.

I THINK WE'VE TAKEN STEPS OVER THE LAST YEAR TO ADDRESS SOME OF THE CONCERNS THAT HAVE BEEN BROUGHT UP.

BUT I ALSO FEEL LIKE ANYONE WHO MAY HAVE BEEN PERSONALLY ADDRESSED SHOULD HAVE THE OPPORTUNITY TO --

>>> I KNOW. >> OKAY.

THANK YOU. >> JUDGE BECERRA: COMMISSIONER, YOU'RE FIRST. SO, THE NEXT THING I WANT TO DO, WE CALL THIS THE SAND PIT. SO, SINCE THESE CONVERSATIONS POINTS HAVE BEEN BROUGHT UP, I ASK THAT YOU PLEASE FOLLOW OUR RECOMMENDED APPROACH AND ADDRESS WITH YOUR COMMENTS.

>> MR. KENNEDY, OR MARYSOL, WHOEVER WOULD LIKE TO GO FIRST.

>> WHAT WOULD YOU LIKE TO KNOW, JUDGE?

>> JUDGE BECERRA: I DON'T WANT TO KNOW ANYTHING.

IN CASE YOU HAD SOMETHING YOU WANTED TO SAY.

>> I'LL COMMENT ON THE ISCLOSURE WHICH IS IN BACKUP, IF THERE'S A RELATIONSHIP OR AFFILIATION, CERTAIN DISCLOSURES REQUIRED ON BOTH SIDES.

THEY ARE REQUIRED BY AN ELECTED OFFICIAL OR OFFICIAL OF THE COUNTY THAT HAS BEEN ON FILE FOR SOME TIME.

THE FIRST IS REQUIRED TO DISCLOSE IN TWO WAYS.

ONE IS OUR POLICY THAT WE ADOPTED THIS LAST YEAR.

THE OTHER IS STATUTORY. THAT HAS BEEN DONE HERE, IN THOSE DISCLOSURES ARE MEANT TO ALERT PEOPLE TO THE POSSIBILITY OF CONFLICT, DOESN'T MEAN THERE'S A CONFLICT.

BUT ALERT FOLKS TO THE POSSIBILITY OF CONFLICT AND THE COURT CAN MOVE FORWARD WITH DETERMINING QUALIFICATIONS REGARDLESS OF THAT FILING THAT THE FILING DOES NOT MAKE THE COMPANY MORE OR ANY LESS QUALIFIED IN MOST INSTANCES.

IF IT DOES, THAT CAN BE CONSIDERED.

>> JUDGE BECERRA: OKAY. THANK YOU FOR TAKING THAT FORMAT. I APPRECIATE IT.

LAST BUT NOT LEAST. MISS DISH.

>> YES, COMMISSIONERS COURT AND JUDGE.

MY HUSBAND IS EMPLOYED BY THIS COMPANY.

HE DOES NOT WORK ON ANY HAYES COUNTY PROJECTS.

HE NEVER HAS AND THAT IS THE CONDITION OF HIS EMPLOYMENT, THAT HE DOES NOT WORK ON ANY HAYES COUNTY PROJECTS SO HE WOULD NOT BE ELIGIBLE TO WORK ON THIS SPECIFIC CONTRACT.

HE'S ACTUALLY ASSIGNED TO WEST SAN ANTONIO ON A PROJECT 1604 AND 1560. SO THESE QUITE A COMMUTE DAILY.

PRIOR TO THAT HE WORKED ON A PROBABLY IN THE CITY OF SEQUIN AREA. THERE IS NO OWNERSHIP.

HE'S JUST AN EMPLOYEE OF THIS COMPANY.

I DID NOT REVIEW ANY CONTRACTS IN OR DOCUMENT RELATED TO THIS COMPANY. THOSE DUTIES HAVE BEEN REASSIGNED TO THE ASSISTANT COUNTY AUDITOR.

WHY STATUTE LOCAL GOVERNMENT CODE ALLOWS ME TO APPOINT DISTRICT JUDGES APPOINTED WITH A COURT HOARD, THE FIRST ASSISTANT WHO IN THE ABSENCE OF COUNTY AUDITOR MAY PERFORM DUTITIES REQUIRED BY LAW. AND THERE'S A FIRST ASSISTANT THAT CAN FORM MY DUTIES WHEN UNAVAILABLE.

POLICE DORSETT WAS THE PROJECT AND BUDGET MANAGER AND IS VERY FAMILIAR WITH ROAD BOND PROJECT, INVOICES, SHE'S MORE THAN CAPABLE OF PERFORMING THOSE DUTIES ON BEHALF OF THE AUDITOR'S OFFICE. THIRDLY, IT IS THE COMMISSIONER'S COURT TO VOTE ON P THESE CONTRACTS NOT MYSELF.

I DO NOT INVOLVE MYSELF IN ANY CONTRACTS RELATED WITH THIS COMPANY. THEY ARE AWARE OF THE PROCEDURES TAKEN IN MY OFFICE TO AVOID AND MITIGATE THE CONFLICT AND THEY'VE BEEN SUPPORTIVE AND AGREE WITH THE PROCEDURES TAKEN IF THEY DID NOT IT WOULD BE A DIFFERENT DISCUSSION AT MY FAMILY HOME REGARDING MY HUSBAND'S

[01:35:02]

EMPLOYMENT AND WHERE HE COULD SEEM EMPLOYMENT.

>> JUDGE BECERRA: WELL SAID. VERY WELL ARTICULATED.

THANK YOU VERY MUCH. IF THERE ARE NO OTHER COMMENTS PLEASE CALL THE ROLL

[30. Discussion and possible action to authorize the County Judge to execute an Agreement to Provide Joint Funding for the Provision of Youth Services, between Hays County, Texas State University, San Marcos CISD, and the City of San Marcos, related to the joint funding of a youth services director for the education of local youth. INGALSBE/SHELL]

>>> PLEASE OPEN 30. >> EXECUTION AND POSSIBLE ACTION TO AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN AGREEMENT TO PROVIDE JOINT FUNDING FOR A PROVISION OF YOUTH SERVICES BETWEEN HAYES COUNTY, TEXAS STATE UNIVERSITY, SAN MARCOS, CISD AND CITY OF SAN MARCOS RELATED TO THE JOINT FUNDING OF A YOUTH SERVICES DIRECTOR FOR THE EDUCATION OF LOCAL YOUTH

>> SO MOVED. >> SECOND.

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

>> THANK YOU VERY MUCH. JUDGE

>> JUDGE BECERRA: THREE MINUTES.

>> ALL RIGHT. LET ME JUST SAY, IF I HURT ANYBODY'S FEELINGS I APOLOGIZE SINCERELY.

I WAS READING WHAT WAS IN THE BACK-UP.

AND THOSE NAMES WERE IN THE BACK-UP.

IF IT HAD BEEN JOSEPH AND MARY, PARENTS OF JESUS, I WOULD HAVE SAID THE EXACT SAME THING. SO, NONE OF THIS HAS TO DO WITH ME WANTING TO SAY SOMETHING BAD ABOUT ANYBODY.

THAT BEING SAID, THE CITY OF SAN MARCOS, HAYES COUNTY, TEXAS STATE UNIVERSITY, LOOKS LIKE ON AUGUST 9TH.

2019, A MEETING TO DISCUSS, QUOTE, THE YOUTH MASTER PLAN, UNQUOTE, WAS HELD AND APPARENTLY ALL CAME UP WITH, QUOTE, FULL-TIME EXECUTIVE LEVEL POSITION, UNQUOTE WITH A QUOTE, LOCAL NON-PROFIT UNQUOTE FOR A PERIOD OF TWO YEARS NOT TO EXCEED $20,000 A YEAR. THE CITY OF SAN MARCOS WILL FUND 50 PERCENT OF THIS. CITY OF SAN MARCOS WILL ATTRACT THE CONTRACT AND COMMUNITY ACTION SIN CORPORATED OF CENTRAL TEXAS FOR A, QUOTE, MEMORANDUM OF AGREEMENT WITH OUR CORE PARTNER, UNQUOTE. THERE'S SOME SPECIFIC LANGUAGE IN THIS WHICH I REALLY DON'T UNDERSTAND.

AND I KIND OF NEED DEFINITION. QUOTE.

INDICATIVE LONGITUDINAL METRICS.

BOY, THAT'S -- THAT'S WAY OVER MY HEAD, BEYOND THE PAY GRADE AND, QUOTE, SUSTAINABLE COMMUNITY WIDE MENTORING PROGRAM, UNQUOTE. QUOTE, PREVENTATIVE MENTAL HEALTH PROGRAM. IF YOUR PROGRAM, CAN YOU BE MENTALLY HEALTHY? QUOTE, WORK WITH THE EARLY CHILDHOOD COALITION OF HAYES COUNTY TO PROMOTE KINDERGARTEN READINESS, UNQUOTE. I HAVE NO IDEA WHAT THAT IS.

ALL RIGHT. THIS PERSON IS IN POSITION NOT TO EXCEED 90,000 PER WAGES PLUS UP TO 20,000 FOR A TOTAL NOT TO EXCEED 110,000. IT SEEMS EXCESSIVE.

WE DON'T NEED ANOTHER BUREAUCRAT.

WE'RE ALREADY OVER HALF A BILLION DOLLARS IN DEBT AND I KNOW YOU WANT TO GET ALONG WITH THESE OTHER THREE ENTITIES, BUT I SAY NO, WE CAN'T AFFORD IT. BUT THANK YOU VERY MUCH.

>> JUDGE BECERRA: THANK YOU, SIR, WE HAVE A MOTION AND SECOND. COMMISSIONER, WOULD YOU LIKE TO

START US OFF? >> SURE.

JUDGE, IN JANUARY WE APPROVED THE FUNDING OF THIS AND OVERALL INITIATIVE AND THIS AGREEMENT JUST LAYS OUT OUR RESPONSIBILITIES WITH THE OTHER FOUR CORE MEMBERS.

AND IT IS WORKING WITH OUR YOUTH OF SAN MARCOS.

AND JUST HELPING THEM TO BE COLLEGE READY AND THERE'S OTHER PROGRAMS INVOLVED IN THIS, TO HELP THE OVERALL, I GUESS, EDUCATION AND -- OF OUR YOUTH, AND SO, I THINK IT'S A GREAT PROGRAM, AND AS YOU STATED, JUDGE, LAST TIME THAT WE DISCUSSED THIS, THESE ARE FUTURE GENERATION THAT WILL GROW UP AND HOPEFULLY DO SOME OF THE THINGS THAT WE ARE DOING, AND SO I LOOK FORWARD TO THE POSITIVE RESULTS OF THIS PROGRAM THAT IT WILL HAVE ON OUR YOUTH.

>> JUDGE BECERRA: I AGREE, WE ALREADY FUNNED THIS POSITION.

THAT SHIP ALREADY SAILED AND OUR CONTRIBUTION IS $20,000, AM

I RIGHT? >> NOT TO EXCEED

>> COMMISSIONER INGALSBE: NOT >> JUDGE BECERRA: NOT TO EXCEED 20 THOUSAND AND I'M GRATEFUL FOR THAT.

BECAUSE IT'S AN OPPORTUNITY FOR US TO COME TOGETHER IN A MOST

[01:40:01]

USEFUL MANNER SPECIFICALLY BECAUSE I'M LOVER OF EFFICIENCIES. I SEEK EFFICIENCY, AND WHEN YOU COME TOGETHER AS FOUR ORGANIZATIONS, SUCH AS THESE, IT'S AN OPPORTUNITY FOR US NOT TO CREATE REDUNDANCY, AND THE MORE WE WORK TOGETHER, THE BETTER WE'LL DO.

COMMISSIONER SHELL, WOULD YOU LIKE TO ADD THINKING?

>> I AGREE WITH COMMISSIONER INGALSBE, AND FORTUNATE THE CITY PROVIDES SERVICES TO THE YOUTH THAT ARE NOT NECESSARILY WITHIN THEIR CITY LIMITS AND I BELIEVE THAT'S WHY WE SHOULD PARTICIPATE IN EFFORTS LIKE THESE WHERE THERE'S MANY CHILDREN THAT LIVE IN THE COUNTY THAT CALL SAN MARCOS THEIR HOME AND IF WE WORK TOGETHER WE CAN PROVIDE EFFICIENCIES AND SERVE A BROAD SECTION OF YOUTH IN HAYES

COUNTY. >> JUDGE BECERRA: THE LAST THING I LIKE TO ADD IS, WE'RE GOING TO CONTRIBUTE TO OUR COMMUNITY, ONE WAY OR ANOTHER. SO, IF WE CAN DO WHAT IS THE CLICHE? AN OUNCE OF PREVENTION IS WORTH

A POUND OF? >> CURE.

>>> CURE. THANK YOU.

I BELIEVE THIS IS SQUARELY SITTING IN A PLACE THAT'S MOST USEFUL FOR OUR COMMUNITY, TORE OUR FOOTPRINT, BECAUSE VERY OFTEN, WE ALREADY KNOW, WHEN I READ THESE SHERIFF'S REPORTS, VERY OFTEN WE HAVE PEOPLE IN OUR JAIL BECAUSE OF MENTAL HEALTH ISSUES, AND IT'S AN OPPORTUNITY FOR US TO CATCH IT BEFORE IT GOES THERE, WHICH CAUSE COSTS EVEN MORE MONEY.

SO I THINK WE'RE DOING GOOD ON MANY FRONTS BY DOING THIS.

I JUST WANT TO DOUBLE DOWN AND APPRECIATE THE SPONSORSHIP

>> COMMISSIONER INGALSBE: THE LAST THING I WANTED TO MENTION, JUDGE, THAT I DIDN'T EARLIER, THEY WILL ALSO LOOK AT MENTAL HEALTH. YOU KNOW, THAT IS A BIG ISSUE.

NOT ONLY IN HAYES COUNTY, BUT THROUGHOUT, AND SO, THEY WILL LOOK AT PROGRAMS TO HELP THAT HAVE A POSITIVE CHANGE IN OUR YOUNG PEOPLE. SO, I THINK IT'S A GREAT

PROGRAM. >> JUDGE BECERRA: YES, MA'AM.

WILL YOU PLEASE CALL THE ROLL IF THERE ARE NO OTHER COMMENTS?

[31. Discussion and possible action to appoint members to the Parks and Open Space Advisory Commission (POSAC). SHELL/INGALSBE]

PLEASE OPEN 31? > 31.

DISCUSSION AND POSSIBLE ACTION TO IS POINT MEANTS TO THE PARKS AND OPEN SPACE ADVISORY COMMISSION.

>> SO MOVED. >> SECOND.

>> JUDGE BECERRA: A MOTION AND SECOND.

LAST TIME, COMMISSIONER SHELL HELPED US WITH PUTTING THIS FORWARD, AND DESIGNATING OUR APPOINTEE, AND WE WERE GRATEFUL FOR THE IDEA OF HAVING TWO REPRESENTATIVES EACH, AND THAT'S WONDERFUL. AND SO I THINK THE GOAL OF THIS AGENDA ITEM IS TO SOLIDIFY OUR TWO NAPES IS THAT RIGHT?

>> TWO COURT MEMBER AND NEXT WEEK WE WILL TRY TO BRING BACK SOME BYE L BYLAWS FOR THE COMMISSION AND GET THEM TO GET THE INITIAL MEETING SCHEDULED. I'D ASK COURT MEMBERS TO E-MAIL APPOINTEES AFTER WE ANNOUNCE THEM IN COURT WITH THE CONTACT INFORMATION, E-MAIL AND TONE NUMBER, AND SHE WILL WORK WITH THE PROJECT LEADER TO MAKE SURE THEY ARE ALL COMMUNICATED WITH VERY QUICKLY. I BELIEVE SHE HAS SOME DATES IN MIND FOR THE INITIAL MEETING. I WOULD LIKE TO GIVE THEM ALL AS MUCH NOTICE AS POSSIBLE BUT WE WANT TO GET STARTED AT THE

SAME TIME. >>> BEAUTIFUL.

WITH THAT, COMMISSIONER, WOULD YOU LIKE TO STATE YOUR TWO AND

WE'LL GO THROUGH? >> SO, I DID APPOINT ONE AT THE INITIAL MEETING, AND I AM TRYING TO THINK OF HER NAME.

I'M SO SORRY. IT WAS MISS LOYA.

SO, MY SECOND APPOINTMENT WILL BE CAROLINE GONZALES, SHE'S WORKED 18 YEARS WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT AS THE STATE PARKS -- AT THE STATE PARKS DIVISION, SO, THAT

IS MY SECOND APPOINTEE. >> PERFECT.

>> I ALREADY GAVE MY TWO. >> JUDGE BECERRA: YOU GAVE YOUR TWO. COMMISSIONER SHELL?

>> MY TWO APPOINTMENTS SCOTT WADE AND LAURA DUPONT.

>> JUDGE BECERRA: PERFECT. COMMISSIONER?

>> I ALREADY APPOINTED MINE, TOO, AT THE PREVIOUS MEETING

BUT IT WAS SCOTT TOM HAGUE AND >> JUDGE BECERRA: MY TWO APPOINTMENTS, I WON'T READ CREDENTIALS AND QUALIFICATIONS BUT MY TWO ARE LORI OLSON AND LISA PRUITT.

THAT'S THE END OF THAT AGENDA ITEM.

RIGHT? NOTHING ELSE TO DO?

>> I DON'T BELIEVE THERE'S ANY ACCLIMATE OR JUST GET THOSE NAMES. I GUESS WE CAN MAKE A MOTION TO

ACCEPT APPOINTMENTS. >> JUDGE BECERRA: PERFECT.

MOTION TO ACCEPT THE NAMES? >> JUST, I WANTED TO SAY, FOR ME IT WAS A VERY DIFFICULT DECISION BECAUSE I HAD A COUPLE OF OTHERS THAT WERE VERY INTERESTED, BUT I WANT TO SAY THAT WE CERTAINLY WILL GIVE EVERYONE AN OPPORTUNITY, I THINK THESE MEETINGS ARE GOING TO BE OPEN.

>> JUDGE BECERRA: THAT'S RIGHT. >> SO THEY WILL HAVE THE ABILITY TO COME IN AND SHARE THEIR THOUGHTS AND VISION, AND

[01:45:03]

SO -- >> I DO, TOO.

WE'LL HAVE BYLAWS SO THEY UNDERSTAND HOW TO CONDUCT THE OPEN MEETINGS. WE WANT AS MUCH INTERACTION WITH THE PUBLIC AND VARIOUS PARTNERS ACROSS THE COUNTY AND I'M CONVINCED WE'LL HAVE A GOOD GROUP AND GOOD COMMISSION SO

LOOKING FORWARD TO GET STARTED. >>> BEAUTIFUL THANK YOU VERY MUCH. WE HAVE A MOTION AND SECOND.

PLEASE CALL THE ROLL. >> COMMISSIONER SHELL.

>> YES. >>> COMMISSIONER JONES.

>> YES. COMMISSIONER SMITH.

>> YES. COMMISSIONER INGALSBE.

[32. Discussion and possible action related to renegotiation of the Collective Bargaining Agreement between Hays County and Hays County Law Enforcement Association, including but not limited to selection of the bargaining team for Hays County. INGALSBE]

YES. >> JUDGE?

>> JUDGE BECERRA: YES. OPEN NO. 32.

DISCUSSION AND POSSIBLE ACTION RELATED TO RENEGOTIATION OF THE COLLECTIVE BARGAINING AGREEMENT BETWEEN HAYES COUNTY AND HAYES COUNTY LAW ENFORCEMENT ASSOCIATION INCLUDING BUT NOT LIMITED TO SELECTION OF THE BARGAINING TEAM FOR HAYES

COUNTY. >> COMMISSIONER INGALSBE

>> COMMISSIONER INGALSBE: SO MOVED.

>> SECOND? >> JUDGE BECERRA: MOTION AND SECOND. WE'RE NOW THIS THAT TIME OF YEAR. MR. KENNEDY?

>> FORTUNATELY IT'S NOT EVERY YEAR BUT IT IS A TIME CONSUMING PROCESS BUT IT IS WORTH DOING IT PERIODICALLY.

THIS GOING TO BE OUR FOURTH YEAR OUT.

THIS IS THE LONGEST COLLECTIVE BAR GAPING AGREEMENT WE'VE BEEN UNDER AS OF YET. THE PREVIOUS TWO BEING THREE-YEAR CONTRACTS, AS I RECALL.

SO, WE'RE TALKING ABOUT ROUGHLY TEN YEARS OF CWA THAT WE'VE BEEN UNDER UP UNTIL NOW. THERE'S A POSSIBILITY OF EVERGREEN UNDER THE CONTRACT, WHICH WOULD PUT THE CONTRACT EXPIRING IN 2021, INSTEAD OF 2020.

BUT, WE HAVE RECEIVED A CORRESPONDENCE FROM HCLEA, THE HAYES COUNTY LAW ENFORCEMENT ASSOCIATION, WHICH IS THE BARGAINING AGENT, FOR THE BARGAINING UNIT, THAT BEING THE COLLECTIVE OF OFFICERS THAT HAVE A RIGHT TO BARGAIN, FOR CERTAIN TERMS UNDER THE CBA. AND SO, THAT IS AN OFFICIAL KICK-OFF, RECEIVING THAT LETTER.

WE HOLD THESE MEETINGSFUL WE HAVE SOMETHING NEGOTIATED.

THERE IS NO REAL RHYME OR REASON TO THE TIMING OF THE MEETINGS EXCEPT WE TRY TO HAVE THEM EVERY TWO, THREE WEEKS INITIALLY TO LAY THE ISSUES ON THE TABLE AND NET CAIT THEM AND WE TRY TO HAVE THAT DONE BY BUDGET TIME SO ANY KIND OF BUDGETARY IMPACT THAT WE MIGHT HAVE THROUGH THE AGREEMENT IS KNOWN TO THE COURT IN ADVANCE. A FEW THINGS TO CONSIDER WOULD BE, REALLY, I THINK THE PRIMARY THING TO CONSIDER WOULD BE WHO THE BARGAINING TEAM WOULD BE. I WOULD ONLY ASK THIS: I WOULD ONLY ASK THAT IF THE COURT IS PLACING ME ON THE TEAM, AND I SUPE SINCE I'VE BEEN ON THE LAST THREE NEGOTIATION, I WILL BE, THAT YOU ALSO ALLOW JORDAN POUL TO ATTEND AS WELL.

THIS WOULD BE HER FIRST ROUND, MY FOURTH AND THIS IS PART OF THE PROCESS OF ME HANDING OFF A BATON TO EVENTUAL RETIREMENT

AND RE-CAITING REDUNDANCY. >> ARE WE GOING TO PUT YOUR PICTURE ON A STONE, SOON? THANK YOU, MR. KENNEDY.

>> THE PICTURE IS OPTIONAL. >> JUDGE BECERRA: THANK YOU FOR THE UPDATE. COMMISSIONER, THERE S THERE

SOMETHING ELSE WOW LIKE TO ADD? >> JUDGE, IF I -- JUDGE, I'D LIKE TO MAKE A MOTION AS FARAS OUR BARGAINING TEAM TO INCLUDE JORDAN POWELL, MARK KENNEDY, LON SHELL AND DEBBIE INGALSBE.

>> SECOND. >> AND WE CAN ADD -- I WOULD LIKE THOSE TO BE ON THERE FOR SURE.

>> JUDGE BECERRA: WE HAVE A MOTION AND SECOND, NOW WE HAVE CONVERSATION, COMMISSIONER? IT'S YOUR AGENDA ITEM.

124 YEAH. MY NAME IS ON TO, ISN'T IT.

JUDGE I'M CERTAINLY WILLING TO SERVE.

I KNOW THAT THIS IS SOMETHING THAT YOU HAVE AN INTEREST IN ALSO, AND SO, I'M CERTAINLY WILLING TO GIVE UP MY POSITION AND HAVE YOU SERVE ON THE TEAM. THE COURT.

>> I WOULD LIKE TO VOTE ON MY MOTION.

>> JUDGE BECERRA: AND ALSO -- SURE, I'D ALSO LIKE THE OPPORTUNITY TO BE A PART THIS, AND I THANK YOU, COMMISSIONER, FOR BRINGING THAT UP. I WOULD LIKE TO BE A PART OF THIS, BECAUSE IT IS A COUNTYWIDE ISSUE, AND AS YOU'RE VERY INTUNE WITH THE PRECINCTS, IT'S VERY AWESOME TO SEE YOU'RE WORKING IN YOUR PRECINCTS AND NAVIGATING AND NEGOTIATING ALL OF THE CONSTITUENT CORNERS WITHIN THAT FOOT POINT AND I SEE MY FACE, BECAUSE I DON'T HAVE A PRECINCT.

[01:50:02]

MY LANE, IF YOU WILL, IS COUNTYWIDE.

AND SO BEING A COUNTYWIDE ISSUE, I FIND IT EXCEPTIONALLY USEFUL FOR ME TO BE THERE, AND ALSO, I WOULD LIKE TO SEE IF MAYBE THE COMMISSIONER WOULD RECONSIDER HIS MOTION, SPECIFICALLY BECAUSE WE HAVE PEOPLE RUNNING FOR OFFICE, AND MY BIGGEST HOPE IS NOT TO -- NOT TO ATTACK ANYONE OR HAVE ANYONE GET ATTACKED OR MISCONSTRUE INFORMATION AND GOALS, AND I VALUE, I VALUE THE LONGEVITY, AND I VALUE THE EXPERIENCE, BUT I THINK IT MIGHT BE MORE APPROPRIATE TO HAVE SOMEONE NOT RUNNING FOR OFFICE HOLD THAT POSITION.

>> JUDGE, I WOULD DISAGREE, IT'S NOTHING PERSONAL AGAINST YOU, BUT THIS IS VERY IMPORTANT NEGOTIATION THAT'S GOING TO AFFECT THE COUNTY IN A LOT OF WAYS AND I JUST THINK, FROM THIS DAIS THAT COMMISSIONER ENGEL BYE AND BE THE BEST CHOICES. THE COURT CAN DISAGREE WITH ME, BUT ALSO YOU JUST APPOINTED SOMEONE RUNNING FOR OFFICE TO

FOREBOARD, SO -- >> JUDGE BECERRA: THAT'S GOOD.

>> OKAY. >> JUDGE BECERRA: THAT'S VERY DIFFERENT AND FOR THAT REASON, I SAID I DON'T WANT TO MAKE IT COMMERCIAL, LIKE COMMISSIONER INGALSBE POINTED OUT.

VERY WELL EARNED CREDENTIAL OF HER APPOINTMENT, I COULD SPEAK FOR TEN MINUTES ABOUT EACH OF MY --

>> I'M NOT SAYING ANYTHING IS WRONG --

>> JUDGE BECERRA: BUT I COULD SPEAK FOR TEN MINUTES, THE QUALIFICATIONS OF EACH OF MY APPOINTMENTS ARE WHY THEY ARE SO INTIMATELY QUALIFIED AND I DIDN'T BECAUSE I DON'T WANT TO POLITICIZE IT. I DELIBERATELY DID THAT.

I FEEL THAT WITH OUR GENERAL COUNSEL AND JORDAN AS WELL ADDED, I THINK THE END PRODUCT WOULD BE A GOOD PRODUCT, AND I THINK -- I DON'T THINK WE WOULD END UP WITH SOMETHING TERRIBLE NO MATTER WHAT. I BELIEVE WE AS A COURT SUPPORT THE FRONT TO LINE AND WE'VE SUPPORTED THAT IDEA PRETTY WELL AS WELL. SO, ADDITIONAL COULDS?

>> NO, I JUST THINK THIS IS SOMETHING THAT AS MY COLLEAGUE JUST SAID, IT'S SO IMPORTANT THAT THE ONE THING I WOULD DRAW KIND OF A DISTINCTION BETWEEN NEWLY APPOINTED COMMISSION THAT WE JUST DID A MOMENT AGO. THIS IS THE FACT THAT I DON'T WANT JUST A GOOD PRODUCT OFTEN THIS.

I DON'T WANT A GOOD PRODUCT ON THE OTHER ONE.

I WANT A GREAT PRODUCT ON THIS. THE TWO MOST EXPERIENCED PEOPLE ON THE DIYAS THAT HANDLED THIS AND SAT IN NEGOTIATIONS BEFORE.

ARE THE TWO PEOPLE THE COMMISSIONER NAMED AND IT'S FOR THAT REASON I WOULD SUPPORT HIS MOTION.

>> I JUST -- I'VE APPRECIATED THE OPPORTUNITY TO BE INVOLVED IN THE LAST TWO COUNTS. AND I HAD A GOOD RELATIONSHIP WITH THE ORGANIZATION. I THOUGHT WE HAVE DONE A FEW THINGS THAT MAKE A DIFFERENCE. THERE'S MORE TO IT AND I APPRECIATE THE OPPORTUNITY TO DO THAT.

COURT HAS GIVEN ME OPPORTUNITY IN THE PAST.

I APPRECIATE OPPORTUNITY TO DO IT AGAIN IF THE COURT DECIDES TO -- I'VE ENJOYED PARTICIPATING THERE, ESPECIALLY THE FINANCIAL PIECE OF IT. AND, I LOOK FORWARD TO HAVING THE OPPORTUNITY TO SERVE AGAIN, AS FAR AS HAVING SOMEONE THAT'S ON A BALLOT. THIS IS OUR JOB.

WHERE THERE'S ALWAYS BOARD MEMBERS AND OFFICIALS ON THE BALLOT. THIS IS OUR JOB AND WHAT WE ARE PAID TO DO. SO I DON'T THINK THAT HAS ANYTHING TO DO WITH THE ABILITY TO DO THIS THAT COULD BE SAID ABOUT THINKING WE VOTED ON. BECAUSE WE HAPPEN TO BE ON THE BALLOT. THERE'S SOME PEOPLE THAT RUN FOR OFFICE, 365 DAY ACE YEAR. I TRY TO MINIMIZE MY TIME DOWN TO AS LOW AS POSSIBLE CLOSE TO THE ELECTION.

I UNDERSTAND, MY OPINION IS, I DON'T BELIEVE THAT'S MY JOB.

THAT'S WHAT WE SHOULD BE DOING AND IT'S AN IMPORTANT ASPECT OF THE JOB. REGARDLESS IMAGINE OR NOVEMBER POPS UP IN THE TIME. I THINK NEGOTIATIONS SHOULDN'T

HAVE A THING TO DO WITH IT. >> IN THE PAST, YOU'VE SERVED AS KIND OF CHIEF OF STAFF, IN MY ADDITIONAL COMMENT WOULD BE, ASKING OUR COUNTY CHIEF OF STAFF, IN THE PAST COUNTY CHIEF OF STAFF WAS PRESENT, ASK HE BE INCLUDED IN THE CONVERSATION SPECIFICALLY, AGAIN WITH THAT PRIVILEGED 14 YEARS, LAW ENFORCEMENT AND NEGOTIATIONS AND ALL OF THAT EXPERIENCE SAID WE ARE GRATEFUL TO SEE, TO BE PART OF THAT COP REMEMBERIZATION AS WELL. ARE YOU OKAY WITH THAT?

>> LET'S VOTE ON MY MOTION AND THAT COULD BEA SPRATT ONE.

>> JUDGE BECERRA: YOU DON'T WANT TO ADD IT INS MOST THIS.

>> I HAVE A MOTION OUT THERE AND THE COURT CAN DISCUSS THAT

[01:55:01]

AS A SEPARATE. >> JUDGE BECERRA: OKAY, SO, WE HAVE A MOTION AND A SECOND. AND WE'VE GOT OUR COMMENTS.

ARE THERE ANY OTHER COUPLES? >> WHAT WAS THE PREVIOUS QUESTION? COMMISSIONER INGALSBE?

>> COMMISSIONER INGALSBE: YES. >> COMMISSIONER JONES?

>> YES. >> COMMISSIONER SHELL?

>> YES. >> COMMISSIONER SMITH?

>> YES. >> JUDGE BA AJUDGE BECERRA?

>> JUDGE BECERRA: NO. >> JUDGE, IF SOMEBODY WANTS TO ADD OTHER PEOPLE. I HAD THAT AS A SEPARATE MOTION. WE CAN ADD OTHER PEOPLE.

UNLESS YOU WANT TO CLOSE THE ITEM?

>> IS THERE ANYBODY ELSE ANYBODY ON THE COURT FEELS NEEDS TO BE ON THERE? IF THERE'S NO --

>> JUDGE BECERRA: IF THERE'S NO SUPPORT, I'M NOT GOING TO WASTE YOUR TIME. THAT'S HOW I SAW IT.

THE WRITING IS ON THE WALL AND I KEEP MOVING.

THAT'S WHY I WENT ON -- >> AND THERE ARE TIMES DURING THE PROCESS WE DO CALL ON VARIOUS RESOURCES THROUGHOUT THE COUNTY DEPARTMENTS WHETHER HR, TREASURER, AUDITOR.

THERE ARE TIMES WHEN OTHER COUNTY OFFICES ARE PLUGGED IN, THEY ARE JUST NOT A FORMAL MEMBER OF THE BARGAINING TEAM.

>> COMMISSIONER INGALSBE: AND, JUDGE, I JUST WANT TO MAKE A COMMENT, EVEN THOUGH I HESITATED TO VOTE ON THAT MOTION, I THINK IT WAS JUST -- AND, LOOK, I'M CERTAINLY WILLING TO SERVE IF THAT'S WHAT THE COURT WANTS AND I WILL PUT THE TIME INTO IT THAT IS NEEDED.

I GUESS I HESITATED BECAUSE, I WAS WILLING TO GIVE UP MY POSITION FOR YOU. SO, ANYWAY, THANKS.

>> THANK YOU FOR THAT. THANK YOU FOR THE CLARIFICATION. THAT'S THE WAY THE COOKIE CRUMBLES AND I'M GRATEFUL FOR THE PRIVILEGE TO SEE IT THAT WAY. YES, SIR?

>> I HAD TO STEP OUT FOR A SECOND.

I HAD ONE BIT TO ADD TRADITIONALLY.

THE SIGNATORS TO THIS AGREEMENT ARE MANY.

WE HAVE EACH CONSTABLE AND THE SHERIFF AND TRADITIONALLY THE BARGAINING UNIT HAD TWO DEPUTY CONSTABLES APPEAR AND MEMBERS FROM CORRECTIONS AND LAW ENFORCEMENT SIDE. SHERIFF'S OFFICE TO BARGAIN. TRADITIONALLY, ON THE BAR BARGAINING TEAM THE SHERIFF HAD MIKE DAVENPORT UP HERE AND ADDRESS ANYISH THEUS ARE NOT MONETARY AND NON-BUDGETARY, IN OTHER WORDSES IF IT HAS TO DO WITH DISCIPLINE AND WHAT NOT THAT'S SOMETHING THAT'S THE PURVIEW OF THE SHERIFF.

I WANT TO NOTE ON THOSE OCCASIONS OR ON THE OCCASION OF THESE MEETINGS THE CHIEF WILL LIKELY APPEAR ON THE ADMINISTRATION SIDE OF THE TEAM AS SHERIFF'S REPRESENTATIVE.

>> JUDGE BECERRA: ON THAT NOTE, HOW OFTEN COULD I EXPECT OR HOPE TO RECEIVE UPDATES FROM YOUR OFFICE ON HOW THINGS

MOVING? >> WE HISTORICALLY HAD EXECUTIVE SESSION UPDATES TO -- SINCE THIS IS A CONTRACT NEGOTIATION, WE'VE HAD CONSULTATION WITH COUNSEL REGARDING THIS SORT OF THING THAT WILL BE TALKED ABOUT IN OPEN COURT BUT NOT DURING THE NEGOTIATION SO WE'LL PROVIDE

THOSE PERIODICALLY. >> TIMES ARE ALMOST WEEKLY.

[33. Discussion and possible action related to utilizing County funds and/or County Grant Contributions for materials or items with a Seal or Logo other than the official Hays County Seal; and to authorize payment to Card Service Center for $278 for FedEx Office printed materials related to the 2020 Census Outreach program. VILLARREAL-ALONZO]

>> JUDGE BECERRA: VERY GOOD PLEASE OPEN AGENDA ITEM 33.

>> 33 DISCUSSION AND POSSIBLE ACTION RELATED TO UTILIZING COUNTY FUNDS AND/OR COUNTY GRANT CONTRIBUTIONS FOR MATERIALS OR ITEM WAS A SEAL OR LOGO OTHER TAN THE OFFICIAL HAYES COUNTY SEAL AND TO AUTHORIZE PAYMENT TO CARD SERVICE CENTER FOR $278 FOR FEDEX OFFICE PRINTED MATERIALS RELATED TO THE 2020 CENSUS OUTREACH PROGRAM.

>> MISS VILLAREAL ALONZO, THIS IS YOUR AGENDA ITEM

>> YES, COMMISSIONERS. IT WAS BROUGHT TO MY ATTENTION THAT THE COUNTY WIDE OPERATIONS CREDIT CARD WAS UTILIZED TO PRINT SOME MATERIALS RELATED TO THE CENSUS THAT HAD WHAT WE WOULD CALL A PERSONAL SEAL. IN ADDITION, MY OFFICE RECEIVED AN INVOICE FOR SOME SHIRTS, FOR THE CENSUS COORDINATOR.

[02:00:04]

IS THAT HER TITLE? AND SHE -- AND THE INVOICE HAD STATED, JUDGE'S SEAL. SINCE THE POSITION, THE EFFORT IS COUNTYWIDE, AND COUNTY FUNDS FOOT USED FOR PERSONAL SEALS, WE REACHED OUT TO THE DEPARTMENT HEAD WHO MAINTAINS A CREDIT CARD. WE WERE ABLE TO DISCERN THE SHIRT DISHAVE THE HAYES COUNTY SEAL SO WE ASKED THE VENDOR TO CORRECT THAT INVOICE, BUT THE MATERIALS PASSED OUT THAT WERE PRINTED DID NOT CONTAIN THE HAYES COUNTY SEAL.

THEY CONTAINED THE PERSONAL SEAL.

AND THAT ASPECT, WE BEGAN TO LOOK AT OTHER SEALS, BECAUSE IT WAS THE FAILURE ON I DON'T KNOW WHOSE PART, BUT WE -- BY THE TIME THE CREDIT CARD COMES TO MY OFFICE, THE PURCHASE HAS BEEN MADE. AND MY OFFICE, IF WE'RE ISSUING A PURCHASE ORDER FOR A SEAL, SHOULD BE REQUESTING THE PROOF, AND SO WE BEGAN TO LOOK AT INVOICE AND DETERMINE THAT SOME INVOICES DID NOT HAVE THE ATTACHED PROOF, AND SO WE BEGAN TO ASK COUNTY OFFICES, WHEN YOU REQUEST A PURCHASE ORDER, OR WHEN YOU'RE REQUESTING THAT THE COUNTY PAY AN INVOICE FOR YOUR CARD THAT YOU PROVIDE THE PROOF, AT THAT POINT, THE QUESTION WAS ASKED, WELL, WHAT IS A VALID SEAL.

SO, THAT IS WHY I PLACED THIS ITEM ON THE AGENDA, NO. 1, TO ASK THE COURT TO AUTHORIZE PAYMENT FOR THAT CREDIT CARD BILL. WE HAVE ONE MORE COURT -- COMMISSIONERS COURT AVAILABLE BEFORE THAT STATEMENT DATE.

SO, IT PAYMENT IS APPROVED WE LIKE TO PROCESS IT NEXT WEEK AND WE LIKE COURT DIRECTION AS FAR AS WHAT CONSTITUTES THE SEAL THAT THE COURT IS WILLING TO EXTEND COUNTY ARE GRANT FUND WAS, BECAUSE EVEN THOUGH WE RECEIVED GRANT FUND WEISE STILL WANT TO FOLLOW COUNTY POLICY AND STATE LAWS REGARDING EXPENDITURE OF THOSE FUNDS. WE DID LOOK AT SOME OTHER SEAL, AND -- TO DETERMINE WHETHER THERE WAS ANY PERSONAL NAME ON SEALS AND WE DO HAVE SOME. THE CONSTABLES, SOME OF THEM HAVE THEIR NAME AT THE BOTTOM OF THE SHIELD.

THEY DO SAY HAYES COUNTY. THE SHERIFF, ONE OF HIS LETTERHEADS HAS THE NAME BUT IT ALSO SAYS HAYES COUNTY.

SO, THIS AGENDA ITEM IS SEEKING THE COURT'S GUIDANCE SINCE IT IS THE COURT'S DECISION, AS TO WHAT TYPE OF SEALS ACCEPTABLE FOR US TO EXTEND THE COUNTY PUBLIC FUNDS ON.

>> JUDGE BECERRA: SO, WHAT I DID, SEEING THAT THIS WAS KIND OF TWO PART, AND I ASKED ANITA, AS WE ALL KNOW, OUR ADMIN AT THE COUNTY JUDGE'S OFFICE. I ASKED ANITA TO PROVIDE A SUMMARY OF WHAT HAS BEEN GOING ON AND CREATE A SEQUENCE OF EVENT, AND YOU GOT TO PLEASE APPROACH THE PODIUM AND GIVE US AN UPDATE AND HELP SHED LIGHT ON THE EVOLUTION OF THOUGHTS.

>> SO, ON -- WE HAD A CENSUS KICKOFF ON FEBRUARY 11TH HERE

IN THE COURTROOM >> YAY.

>> EVERYONE WAS INVITED THROUGH COUNTY MEDIA, AND SOCIAL MEDIA.

THE CENSUS BUREAU WAS NOT AS SUPPORTIVE BUT THRILLED WITH THE TURNOUT AND MESSAGING THAT WE HAD.

IT WAS OUR OPPORTUNITY TO FINALLY INTRODUCE OUR NEW CENSUS COORDINATOR, JESSICA. UNITED WAY OF GREATER AUSTIN AND U.S. CENSUS BUREAU SAID WE PICKED THE PERFECT PERSON GIVEN HER STORIED BACKGROUND FOR THE JOB AS CENSUS COORDINATOR.

IN AN EFFORT TO SAVE THE COUNTY MONEY, IT WAS REQUESTED A USED LONER LAPTOP IS IF AVAILABLE BE ASSIGNED TO THE CENSUS COORDINATOR IN ATTEMPT TO PROVIDE THE LAPTOP AND WORKING WITH I.T. FOR SEVERAL HOUR WEISE CONCLUDED THE CENSUS COORDINATOR IS STILL IN NEED OF A STABLE AND OPERATIONAL COMPUTER. BUT THIS HAS NOT SLOWED JESSICA DOWN. SHE'S TIRELESSLY WORK ON THE CENSUS EVENTS THROUGHOUT THE COUNTY AND WHATEVER SHE CANNOT DO I'M STILL THERE TO SUPPORT AND BACK HER UP.

JESSICA DISPLAYED A TREMENDOUS AMOUNT OF TEAM WORK AND CAN-DO

[02:05:06]

ATTITUDE. AS RECENT WE HAD MATERIALS PRINTED USING THE GUIDELINES PROVIDED BAYOU NIGHTED WAY OF GREATER AUSTIN WHO PAID FOR THE FLYERS WITH A GRANT, THAT THEY AWARDED TO THE CCC. THE UNITE THEWAY GUIDANCE STATES THAT THE CCC CAN ADD ADDITIONAL LOGOS AND FOLLOW BRANDING REQUIREMENTS OF THE CCC.

IT IS AT THE CCC'S DISCRETION TO DECIDE HOW TO BRAND ITSELF.

ALL MATERIALS HAVE BEEN REVIEWED AND WERE APPROVED BITE CCC CO-CHAIRS. I WOULD LIKE TO THANK THE COMMISSIONER'S COURT FOR THEIR SUPPORT.

AND ALSO REMIND YOU ALL THAT THE TIGHT DEADLINE IS UPON US TO MAKE SURE WE GET A COMPLETE COUNT.

WE ARE HAPPY TO WORK TOGETHER TO ENSURE THE MISSION IS

ACCOMPLISHED >> JUDGE BECERRA: I KNOW IT WAS ON ONE OF THE FLYERS, DO YOU HAVE A PLAYER TO SHOW UP THAT

SEAL? >> YES.

>> JUDGE BECERRA: I KNOW WE CAN SEE IT ON THE CAMERA.

THERE YOU GO, BEAUTIFUL, HOLD IT STEADY FOR A SECOND.

NOW WE CAN SEE WHAT WE'RE TALKING ABOUT.

>> THIS IS THE SEAL RIGHT HERE. >> JUDGE BECERRA: THANK YOU.

OKAY. DO YOU GUYS HAVE ANY QUESTIONS

FOR ANITA? >> I DO.

NO ONE HERE QUESTIONS THE IMPORTANCE OF THE CENSUS, ACTUALLY EVERY ONE OF US VOTED UNANIMOUSLY TO PUT $50,000 INTO A COMPLETE COUNT COMMITTEE AND SUPPORT IT WHOLEHEARTEDLY.

THE CONCERN I HAVE NOWHERE ON THIS DOCUMENT DOES IT SAY HAYES COUNT. HAYES COUNTY, WHETHER GRANT FUNDS OR NOT. WHENEVER THAT GRANT WAS MADE IT WAS MADE TO HAYES COUNTY. AND I'VE GONE AND LOOKED AT THE DOCUMENTATION FROM THE FEDERAL LEVEL AND THEY DO ALLOW FOR DIRECT BRANDING OF THOSE PURCHASES -- THOSE PEOPLE, OR THOSE ENTITIES THAT ARE PURCHASING.

NOWHERE ON THIS DOCUMENT IT SAYS HAYES COUNTY.

I HAVE A REAL CONCERN WITH THAT.

WHAT I HAVE AN EVEN LARGER CONCERN WITH IS THE FACT THAT THE LOGO THAT'S BEING USED IS ALSO BEING USED.

IT'S ALSO BEING USED IN PARADES AND THOSE KIND OF THINGS AS A POLITICAL LOGO. AND I DON'T FEEL COMFORTABLE IN ANY WAY WITH THE THE COUNTY PAYING FOR THAT LOGO TO APPEAR ON THINGS AT TAXPAYER'S EXPENSE.

THAT'S A LONGER DISCUSSION WE DON'T HAVE TO GET INTO TODAY BUT MORE SPECIFICALLY, IF THE COUNTY IS GOING TO PAY FOR SOMETHING, IT NEEDS TO SAY HAYES COUNTY ON IT.

AND THERE IS NO REASON FOR US -- I'M NOT DIRECTING THIS AT YOU. I APPRECIATE YOUR HELP.

THE EXPLANATION AS TO HOW THIS HAPPENED, IT HAPPENED.

OKAY? I MEAN, IT HAPPENED.

THE FACT IS THAT WE SHOULD NOT BE DISTRIBUTING THIS WITHOUT IT SAYS HAYES COUNTY. OUR TAX PAYERS EXPECT THAT IF THEY SPEND THEIR MONEY ON SOMETHING, THEY SHOULD KNOW THEY SPENT THEIR MONEY ON IT. AND THAT'S WHERE I HAVE A CONCERN. NOW, WHETHER THAT MEANS IN THE FUTURE EVERYTHING WE DO, I HONESTLY THINK THAT EVERY TIME WE USE A COUNTY SEAL OR THERE IS A SEAL REQUIRED ON SOMETHING, FOR THE COUNTY TO PAY FOR IT, THE PROOF NEEDS TO BE SEEN BY THE AUDITOR'S OFFICE OR SOME APPROVAL PROCESS PRIOR TO IT BEING PAID FOR. I THINK THAT'S THE EASIEST WAY TO -- THE EASIEST, EASIEST WAY TO ALLEVIATE THIS.

BUT THE FACT IS THAT I AM NOT SUPPORTIVE OF PAYING FOR THIS OR ANYTHING ELSE, WITHOUT A SEAL THAT SAYS HAYS COUNTY ON IT. TAXPAYER DOLLARS.

SO YOU KNOW. COMMISSIONERS?

>> AND JUST A COUPLE THING, TOO, AND I SAW MR. -- AT THE EVENT LAST NIGHT. HE MENTIONED THE COMPUTER AND DID NOT MENTION HE HAD ONE ON ORDER.

WHEN I MADE THE CALL, I WAS TOLD WE DO HAVE ONE IN ORDER AND SHOULD BE HERE ANY TIME NOW, AND WE OBVIOUSLY HAVE TO FOLLOW POLICIES WITHIN PURCHASING AND I.T. TO GET SOMETHING ON ORDER. I KNOW, APPRECIATION TRITING TO I THINK THAT'S WORTH A SHOT. SOMETIMES SOME OF OUR COMPUTERS THAT ARE LAYING AROUND ARE LAYING AROUND FOR A REASON, AND THEY JUST DON'T WORK PROPERLY, SO, IT DOES SOUND LIKE THAT SOLUTION IS NOT IN THE WORKS. MISS CRUMLEY CAN GIVE US AN

UPDATE -- >> WE RECEIVED AN E-MAIL SAYING IT IS NOT ON ITS WAY. IT SAID IT WOULD POSSIBLY BE SHIPPED BY 5:00 P.M. THURSDAY. THEN IT GOES TO I.T. AND THEY

[02:10:02]

HAVE TO LOAD ALL OF THE SOFTWARE, SO ON, SO FORTH. SO MAYBE -- I DON'T KNOW WHAT ELSE WE CAN DO.

EXCEPT I'VE HAD HER COME INTO OUR OFFICE, AND USE MY COMPUTER TO SEND E-MAILS OUT OR USE JUDGE'S COMPUTER OR SOMEBODY'S

COMPUTER. >>> AND I WANT TO TAKE A LITTLE MOMENT TO CLARIFY, THOSE CONVERSATIONS, I WANT TO SQUARELY STAND IN FRONT OF THE DECISION TO GET A USED COMPUTER, WAS MINE. I SAID THIS IS A SHORT-TERM POSITION. IT IS 90 DAYS.

IT IS A POSITION FOR THREE MONTHS, FOR CRY OUT LOUD.

WHY ARE WE GOING TO BUY A BRAND NEW COMPUTER FOR THIS POSITION.

PLEASE, OH, PLEASE, TEN ME FIND A USED CUTER THAT WORKS SO WE DON'T HAVE TO SPEND THE MONEY. SO, THAT WAS MY ASK, AND IT DIDN'T WORK OUT. WE GOT A COMPUTER THAT DIDN'T WORK. SO THAT WAS MY FAULT AND THE DELAY ON THAT FRONT IS UNFORTUNATE BUT ME TRYING TO SAVE US MONEY CAUSED THAT DELAY.

AND THEN I WASN'T CLEAR IN MOVE HAVING, AS WE ALL HAVE BEEN MOVED THROUGH THINGS ON A DAILY BASIS, I SAID TO BE SURE TO PUT OUR SEAL ON THERE, AND I DIDN'T DIFFERENTIATE COUNTY SEAL, JUDGE'S SEAL, AND THEN WHEN I SAW THAT, I THOUGHT THAT LOOKS NICE, NO PROBLEM AND I THOUGHT THAT, AND I DIDN'T SEE A PROBLEM WITH IT. FOR SOME OF THE REASONS, THAT'S BEEN PROVIDED. IT'S GRANT MONEY, THEY'RE OKAY WITH IT. IT WASN'T TAXPAYER DOLLARS, IT WASN'T COURT MONEY USED. SECOND, THE FEDERAL GOVERNMENT SAID FINE WHAT YOU'RE DOING, NO ONE SAW A PROBLEM WITH THAT.

THIRD, I HAD -- THE FEDERAL GOVERNMENT SAID, THE HIGHEST ELECTED OFFICIAL, I KNOW THAT'S SOUNDS CORNY, BUT THAT'S HOW THEY SAY IT. THE HIGHEST ELECTED OFFICIAL HAS THE AUTHORITY TO TURN THIS THING ON, THE COMPLETE COUNT COMMITTEE, BECAUSE I WAS THE PERSON THAT TURNED IT ON AND I DO SERVE ON ITS LEADERSHIP, I DIDN'T SEE IT, OH, AND, I AM ACTUALLY A COUNTY EMPLOYEE, DOING COUNTY BUSINESS.

I DIDN'T SEE IT AS A REAL POINT OF CONCERN THAT ON A TABLE FULL OF FLYER, ONE OF THEM HAD THE JUDGE'S OFFICE SEAL.

SO I DIDN'T THINK IT WAS A REALLY BIG DEAL SPECIFICALLY CONSIDERING ALL OF THE WORK THAT'S GOING INTO IT AND THAT I AM A COUNTY EMPLOYEE AND THAT I AM NOT RUNNING FOR OFFICE, AND HERE'S A WAY FOR ME COMING TO TERMS. I DIDN'T MEAN IT AS A POLITICAL STUNT JUST TO BE CLEAR WITH YOU GUYS. THOSE DECISIONS THAT TOOK PLACE ARE ABSOLUTELY MINE, AND THEY'RE DELAYED, AND I DON'T SEE A PROBLEM WITH TRYING TO DO A GOOD JOB, SO, ANITA, THE UNNECESSARY DELAYS IN ALL FRONTS THAT YOU'RE EXPERIENCING, FOR THE COMPLETE COUNT COMMITTEE, ARE UNFORTUNATE, BUT WE'LL DO THE BEST WE CAN.

I WANTED TO SAY THAT, BECAUSE I DON'T WANT YOU TO WALK AWAY FEELING LIKE I LEFT YOU HANGING THERE, I LEFT YOU OUT.

THAT'S NOT SO. I AM PROUD TO DO WHAT I DO.

AND I DO IT WITH THE FULLEST HEART, AND THE FULLEST INCLUSIVE INTENTIONS, SO I WANTED TO MAKE SHE WE HAD THAT OUT. MISS CRUMLEY YOU WANTED TO ADD

SOMETHING? >> I WANT TO CLARIFY.

WHEN I SPOKE TO MR. SHELL WE HAD NOT RECEIVED THE E-MAIL SAYING THERE WAS A DELAY IN SHIPPING.

THE LAST WE HEARD WAS THAT IT WAS ON ITS WAY.

SO, THAT WAS -- AND I CLARIFIED THE DELAY WAS A DECISION TO ORDER A NEW COMPUTER. I'M NOT SURE WHAT THE COMPUTER

HAD TO DO WITH THE SEAL -- >> WHEN DID WE ORDER THE

COMPUTER? >> SORRY.

>> I THINK AROUND -- SORRY. FEBRUARY.

A COUPLE WEEKS. >>> WE'LL GO TO AMAZON AND HAVE IT SHOW UP AT YOUR DOORSTEP BEFORE 3:00 P.M.

>> WHAT DOES THE COMPUTER HAVE TO DO WITH THE SEAL BEING

PLACED ON THERE? >> I'M NOT SURE.

>> JUDGE BECERRA: THE ITEMS ARE KIND OF LUMPED TOGETHER.

>> AT ANY RATE. MY OFFICE DID ABELIEVE THE INVOICE FROM FEDEX, WE PAID FOR IT.

AND WITHOUT BACK-UP.

[02:15:06]

>> JUDGE BECERRA: VERY GOOD. >> AND JUST A RESPONSE,UP, I SUPPORT THEY'RE TRYING TO USE THE USED COMPUTER.

I THINK WE TRY TO DO THAT WHEN WE CAN AND UNFORTUNATELY IT'S CAUSED A DELAY. IT'S NOT YOUR FAULT.

I THINK THAT'S GOOD BUSINESS. I WISH IT WOULD HAVE WORKED.

WE'RE STUCK IN THIS TIME FRAME. WE HAVE POLICIES AND IT HAS TO GO THROUGH I.T. AND THEY HAVE TO SET IT UP FOR SECURITY REASONS. IT'S UNFORTUNATE.

I WANT EVERYBODY WORKING ON THE COMMITTEE AND HELP WE HAVE FROM THE COMMUNITY AND WITHIN OUR STAFF UNDERSTANDS IT'S NOT ON PURPOSE, THAT IT WAS GOOD INTENTIONS.

IT DIDN'T HAPPEN TO WORK. WE APPRECIATE EVERYBODY'S EFFORTS AND I KNOW THAT THEY ARE WORKING HARD ON THAT, AND HOPEFULLY THEY'LL GET HERE SON AND I'M SURE THAT I.T. WILL MAKE SURE THEY GET ON TOP OF THAT EXTREMELY QUICKLY AS SOON AS THAT ARRIVES AND GET THAT OUT.

SO SHE CAN HAVE ALL OF THE RESOURCES SHE NEEDS.

>> JUDGE BECERRA: WHAT DIRECTION SHOULD WE GIVE MISS VILLAREAL?

>> JUDGE, I JUST WANTED TO ADD, BECAUSE I WANT TO MAKE SURE THAT BECAUSE OF A LACK OF A COMPUTER, EVEN THOUGH I KNOW IT'S IMPORTANT TO HAVE, THAT THE PROCESSES THAT WE ARE UNDERTAKING, I MEAN, WE ALL KNOW AND COMMISSIONER SMITH MENTIONED, I MEAN, WE ARE ALL SUPPORTIVE.

WE WANT THIS TO HAPPEN. WE NEED EVERYBODY, OR AS MANY PEOPLE AS WE WANTED BECAUSE IT AFFECT OURS COUNTY IN A BIG WAY. SO, I JUST WANT TO ENSURE THAT THE THINGS THAT WE ARE DOING, AND HAVE DONE, THAT WE ARE MOVING FORWARD WITH TRYING TO GET THIS PROCESS TO WHERE IT NEEDS TO BE AND THE PEOPLE COUNTED AS WE NEED.

SO, I MEAN, ARE WE -- THE ACTIONS HAVE NOT STOPPED.

I MEAN, HAVE THEY IN ARE WE MOVING FORWARD WITH EVERYTHING THAT WE NEED TO DO, EVEN WITHOUT THIS LAPTOP THAT WE

CURRENT I DON'T HAVE? >> MY UNDERSTANDING, I HEARD YESTERDAY, THERE ARE SEVERAL THINGS THAT ARE CONTINUING TO --

>> JUDGE BECERRA: IF I UNDERSTAND CORRECTLY, CORRECT ME IF I AM WRONG, AS FAR AS I UNDERSTAND, THE MICROPHONE DISTANCE, IF SHE'S -- AT THIS TIME, BECAUSE COMMISSIONER INGALSBE AND I ARE CO-CHAIRS AND WE'RE THE ONE PROVIDING THIS DIRECTION, I WANT TO BE CLEAR AT THIS POINT IN TIME SHE'S TO BE REACHING OUT TO ALL OF THE COMMUNITIES, ALL OF THE OTHER COMMITTEES, AND BRINGING TOGETHER FOR SYNCHRONICITY, IS

THAT WHAT IS HAPPENING? >> YES.

>> JUDGE BECERRA: AND THOSE COMMUNITIES REPRESENT MORE THAN JUST PRECINCT ONE. IT WAS JUST STATED, RIGHT?

>> YES. SHE'LL BE REACHING OUT TO THE LIBRARIES AND DIFFERENT AREAS TO DO THE OUTREACH THERE.

AND SHE'S GOING TO BE PREACHING OUT TO THE COMMISSIONERS, TO ARRANGE A MEETING TO GO VISIT THEIR OFFICES, SO THAT SHE

CAN -- >> JUDGE BECERRA: BUT SO FAR, THAT'S GOOD GOING FORWARD BUT I WANT TO COME DOWN TO, IN THE PAST, THE MEETS THAT HAVE BEEN HAD HAVE BEEN REACHED OUT TO MORE THAN JUST PRECINCT ONE, RIGHT?

>> YES, YES. >> JUDGE BECERRA: BECAUSE

OTHERWISE -- >> REPRESENTATIVE ON OUR CCC --

>> JUDGE BECERRA: FROM ALL OVER THE COUNTY? THAT'S IMPORTANT. THAT'S THE DIRECTION COMMISSIONER INGALSBE IS UNDER THE IMPRESSION SHE'S OPERATING

ON? >> DO WE HAVE AN ITEM OPEN

OTHER THAN THE SEAL? >> NO, THAT'S IT.

>> THIS IS FAR AFIELD FROM THE SCOPE OF THE ITEM POSTED.

I RECOMMEND IF WE WANT TO DISCUSS THIS, WE HOST AND ITEM SPECIFICALLY. MARYSOL, WHAT IS YOUR RECOMMENDATION OR WHAT ARE YOU SAYING?

>> I FIRST WANTED TO CLARIFY SOMETHING THAT I FIND CLARIFYING TO MANY DEPARTMENT HEADS IS JUST BECAUSE A GRANT FUNDED IT, DOESN'T MEAN THAT IT -- THE FUNDS DO NOT NEED TO BE EXPENSED ACCORDING TO COUNTY POLICY, OR STATE POLICY.

THOSE FUNDS ARE AUDITED BY THE EXTERNAL AUDITORS AND BY MYSELF TO ENSURE THAT COUNTY POLICY AND STATE LAWS ARE MET, REGARDLESS IF IT IS A TAXPAYER FUND THROUGH ADD VALOREM TAXES

[02:20:04]

OR COMING FROM FEDERAL AND STATE AGENCIES IN ADDITION TO BOND FUND PROGRAMS, EXPENDITURES.

ALL OF THOSE FUNDS ARE COUNTY FUNDS.

HOWEVER THEY CAME INTO THE COUNTY THEY STILL HAVE TO FOLLOW COUNTY POLICY AND STILL HAVE TO FOLLOW STATE LAW.

SO, WHEN THE COMMISSIONERS COURT ACCEPTS A GRAND, THAT A STIPULATION, EVEN THOUGH THE GRANT ALLOWS YOU TO SPEND IT ON CERTAIN ITEMS IT STILL HAS TO FOLLOW COUNTY PROCUREMENT POLICY, COUNTY EXPENDITURE POLICIES AND STATE LAWS.

>> THAT'S WHY WHEN SOMEONE MAKES A DONATION TO THE SHERIFF'S OFFICE IT STILL HAS TO COME THROUGH COMMISSIONERS

>> IT HAS TO BE ACCEPTED BY THE COURT.

IF THEY WANT TO SET A DIFFERENT STANDARD, THAT'S WHEN IT IS

BROUGHT UP. >> MARYSOL, WHAT OTHER ITEMS, HAVE WE AS A COUNTY PAID FOR WITH THIS SEAL?

>> I KNOW -- >> THAT YOU KNOW OF?

>> I KNOW WE REIMBURSED MISS COLLINS IN EARLY OF LAST YEAR, FOR NOTE CARDS AND BUSINESS CARDS.

THE INVOICE ATTACHED TO NEW WORLD DID NOT HAVE A PROOF.

SO, I'M NOT SURE IF THAT WAS THE JUDGE'S STEAL OR COUNTY SEAL WITH A JUDGE'S NAME. MOST DEPARTMENTS LIKE, FOR EXAMPLE, MINE, HAS THE COUNTY SEAL AND JUST OUR NAME -- MY NAME NEXT TO IT. LIKE COUNTY CLERK HAS THE COUNTY SEAL AND HER NAME NEXT TO IT.

WE DID NOT HAVE THE PROOF, SO I CANNOT ANSWER IF THAT -- THOSE SPECIFIC CARDS OR NOTE CARDS CONTAINED A PERSONAL SEAL OR COUNTY SEAL WHICH IS WHY I'M ASKING FOR DIRECTION FROM THE COURT TO ASK FOR PROOF BEFORE A CREDIT CARD IS USED TO ORDER BUSINESS CARDS, NOTE CARDS, ANYTHING THAT HAS A SEAL.

OR BEFORE A PURCHASE ORDER IS ISSUED FOR A SEAL.

BECAUSE IF THE DEPARTMENT HEAD HAS A CREDIT CARD, THEY CAN GO AND ORDER THE BUSINESS CARDS WITHOUT MY OFFICE BEING AWARE OF IT. IF WE HAVE A PROCEDURE THAT THESE CARDS SHOULD FOOT BE ORDERED WITHOUT PROOF BEING SUBMITTED TO THE AUDITOR'S OFFICE THEN WE CAN CATCH ANY

ISSUES AHEAD OF TIME. >> AND THIS WOULD GO FOR ANY OF

THE -- >> ANY OF THE ELECTIVES.

>> WHETHER J.P.S OR CONSTABLES. >> JUDGE BECERRA: OR THE

SHERIFF. >> RIGHT.

>> JUDGE BECERRA: RIGHT. FOR SURE.

>> AND THAT WAS THE OTHER DIRECTION, HIS -- ALTHOUGH THERE'S A NAME ON IT, FOR HIM AND CONSTABLES IT DOES SAY HAYS COUNTY. IS THAT ACCEPTABLE?

>> JUDGE BECERRA: WE CAN START CREATING DISTINCTS? IT'S UP TO US WHATEVER WE WANT TO DO ON WHAT, THE QUESTION SPECIFICALLY IS, WHAT ARE OUR BUDGETED DOLLARS WILLING TO PAY FOR, AND I BELIEVE PERSONALLY, THAT IF WE MAKE -- I LOVE CONSISTENCY, I LOVE THE UNIFORMITY ANGLE, AND I BELIEVE THAT SINCE THIS IS A CONVERSATION PIECE, IF IT IS A COUNTY, DOLLAR BEING SPENT, WE SHOULD SAY, WE WILL PAY FOR IT AS A COUNTY, FOR THE COUNTY SEAL TO BE ON IT.

I'M GOOD WITH THAT UNIFORMITY. BUT THE IMPLICATIONS ARE BROAD AND WE CAN BE OKAY WITH THAT. AND I HAVE A PROBLEM WITH THAT.

AND WHATEVER HAS A -- FOR EXAMPLE, I'M NOT PICKING ON HIM, BUT SHERIFF CUTLER'S STUFF, THEN THAT MIGHT POTENTIALLY CREATE SOME ADDITIONAL CLARIFICATION

REQUIREMENTS. >> IT MIGHT AND THE ONLY REASON I SAY THAT, IS BECAUSE IF YOU LOOK AT THE -- AND THIS IS ALL UP FOR DISCUSSION, BUT THE CONCERN THAT I HAVE IS ANYTHING THAT WE PUT OUT THAT IS PAID FOR -- TWOFOLD TO THE JUST PAID FOR BY THE COUNTY, BUT ON BEHALF OF THE COUNTY AS A WHOLE. I DON'T WANT TO -- I THINK THAT BOTH OF THOSE I THOUGHT -- I THINK BOTH OF THOSE, WE NEED TO PROVIDE CLARITY THAT THAT NEEDS TO BE THE COUNTY SEAL AND THE REASON I SAY THAT IS BECAUSE NUMBER ONE, AGAIN, IF THE COUNTY IS PAYING FOR IT AND HAYS COUNTY IS THE PURCHASER, IT SHOULD BY HAYS COUNTY ON THERE.

BUT, NUMBER TWO, WE ALL ACT AAS INDEPENDENT OR ELECTED OFFICIALS THE SHERIFF AS WELL. I DON'T NECESSARILY WANT TO SEE IF -- IF THE SHERIFF PUTS OUT SOMETHING ON BEHALF OF HAYS COUNTY, OR IF I PUT OUT SOMETHING ON BEHALF OF HAYS COUNTY, WHICH IS, AS A COMMISSIONER, I WOULD TEND NOT TO DO, I WOULD DO IT ON BEHALF OF PRECINCT 4 BUT IF I DO THAT I DON'T WANT TO DO THAT AND SAY OKAY I'M DOING THIS ON BEHALF OF HAYS COUNTY, AND I'M GOING TO PUT IT OUT BUT I PAID FOR IT SO IT'S OKAY FOR ME TO DO THAT. I'M STILL SPEAKING ON BEHALF OF THE COUNTY BUT I PAID FOR IT. DO YOU UNDER THE DIFFERENTIATION I'M MAKING THERE?

>> I DO. >> JUDGE BECERRA: YOU'RE NOT TYING IT TO MONEY BUT ALSO REPRESENTATION.

[02:25:02]

>> IT'S A TWOFOLD THING THERE. BUT I WOULD, AND JUST TO MAKE IT FOR PURPOSES OF DISCUSSION, ANY FUNDS EXPENDED BY THE COUNTY OR PRINTING DONE ON BEHALF OF THE COUNTY WOULD BY DONE WITH THE COUNTY SEAL AN NOT SURE HOW TO PHRASE THAT TO MAKE MARYSOL'S LIFE EASIER IF THAT MAKES SENSE.

>> SOUNDS LIKE MR. KENNEDY APPROACHED THE MICROPHONE AND WOULD LIKE TO SAY SOMETHING. I SAID SAIL THAT TO GIVE THE

CAMERA TIME TO ADJUST. >> JUDGE, BASED ON WHAT YOU SAID EARLIER, I'M NOT SURE THAT MOTION CAPTURES THE USE OF BADGES BY EITHER SHERIFF OR CONSTABLE'S OFFICE.

THEY ALL SAY HAYS COUNTY ON THEM.

BUT THEIR LETTERHEAD WILL HAVE A BADGE ON IT NOT A SEAL.

IF YOU'RE ISOLATING THE NOTION OF A USE TO A SEAL, THAT SHOULD BE HAYS COUNTY OR A SHIELD AND THAT SHOULD SAY SOMEWHERE ON IT, HAYS COUNTY, THEN THAT WOULD CAPTURE IT.

I THINK THIS IS A HARD ONE TO CAPTURE BY MOTION WITHOUT SOME INTRICACY, I THINK AND I WANT TO MAKE SURE WE'RE NOT SUDDENLY PROHIBITING THE USE OF SHIELDS ON THE LETTERHEADS FOR LAW

ENFORCEMENT. >> JUDGE BECERRA: HERE'S THE THING WE'LL SLIDE INTO AMENDMENTS.

WE CAN TALK ABOUT THIS FOR FIVE HOURS I'LL HAVE A RESTROOM BREAK AND WE'RE GOOD. I HAVE CANDY I PAID FOR OUT OF MY OWN POCKET. HELLO SHERIFF.

WELCOME BACK -- WE HAVE CANDY THAT I PAID FOR THAT SITS IN MY OFFICE, AND IT DOES HAVE JUDGE BERCERRA WHICH I HAPPEN TO BE THE HAYS COUNTY JUDGE. AND IT DOES SAY ON HERE HAYS COUNTY JUDGE, AND IT DOES HAVE THE SEAL WITH MY LAST NAME IN IT. SO I AM TO ANSWER THE LATTER PART OF YOUR COMMENT, I AM REPRESENTING THE GOVERNMENT IN THIS HISTORIC COURTHOUSE, IN A GOVERNMENT BUILDING IN OFFICIAL CAPACITY AS OFFICIAL SITTING JUDGE, SO, IS THIS CANDY AN EXTENSION OF ME DOING BUSINESS REPRESENTING THE COUNTY AND SHOULD I BE ASKED TO PUT IT AWAY BECAUSE IT'S THE SECOND PART OF YOUR COMMENT I THINK POTENTIALLY.

>> I THINK THE CONCERN I HAVE, BYLAWS ELECTED OFFICIALS, THIS IS A LONGER DISCUSSION, YOU CAN USE AN OFFICIAL SEAL AND CAMPAIGN PURPOSES AND IF YOU HAD THE HAYS COUNTY SEAL ON THERE, THAT'S ONE THING. YOU HAVE GIVE AWAY ITEMS THAT'S ANOTHER, THOSE ARE ALL PAID FOR AT YOUR EXPENSE.

I DON'T KNOW. I DON'T HAVE A PROBLEM WITH THAT. THE ONE ISSUE I DO HAVE, THIS IS SOMETHING YOU MAY WANT TO SEE CLARIFICATION ON, AS LONG AS THE COUNTY IS NOT PAYING FOR THAT, I DON'T HAVE A PROBLEM WITH IT. WHAT YOU MIGHT WANT TO SEEK CLARIFICATION ON, FOR YOUR OWN FOR YOUR OWN INFORMATION, IS WHETHER OR NOT THAT WOULD BE CONSIDERED BY THE STATE AN ETHICS ISSUE, BECAUSE I KNOW WE'RE PROHIBITED FROM DISPLAYING ITEMS THAT ARE CAMPAIGN RELATED OR ANYTHING LIKE THAT, IN OFFICIAL OFFICES. WE CAN'T HAVE ANYTHING RELATED TO A VEHICLE THAT BELONGS TO THE COUNTY.

IT'S NOT LIKE I CAN HAVE THAT. SO I KNOW I PERSONALLY, I KNOW OTHERS HAVE SPECIFICALLY STEERED CLEAR OF, I'LL USE AN EXAMPLE, A CHARITABLE ORGANIZATION CAME BY MY OFFICE A WHILE BACK AND GAVE ME A PAINTING, A LITTLE PAINTING FOR SPONSORING AN EVENT BUT IT WAS MY CAMPAIGN LOGO AND I TOLD THEM THEY CAN'T BRING IT INTO MY OFFICE.

THANK YOU SOFT BUT THAT'S NOT ALLOWED IN HERE.

THAT'S THE LOGO I USE WHEN I WALK IN PARADES OR WHATEVER, IT'S ON MY SHIRT. I PAID FOR THAT.

I KNOW I CAN'T DISPLAY THAT IN MY OFFICE.

SO, THE QUESTION I HAVE, I DON'T HAVE A PROBLEM WITH YOU BUYING THING AT YOUR OWN EXPENSE AND DISPLAYING THEM IN YOUR OFFICE WHATSOEVER, YOU MAY WANT TO CHECK INTO TO ENSURE THAT YOU'RE OKAY WITH THE STATE ON THAT SIDE.

WHAT I HAVE AN ISSUE WITH, AGAIN, IS IF THE COUNTY PAID FOR THAT, WITH YOUR LOGO ON IT, AT THEIR EXPENSE, I WOULD HAVE AN ISSUE WITH THAT. THEY DIDN'T, I DON'T HAVE AN ISSUE. SEE WHAT I MEAN?

>> SURE. >> I HOPE I PROVIDED SOME CLARITY. I WANT TO MAKE SURE IN OFFICIAL CAPACITY WHERE WE SERVE ON A DAILY BASIS, WE HAVE TO ENSURE WE REPRESENT HAYS COUNTY AND AT THE END OF THE DAY, IF HAYS

[02:30:02]

COUNTY IS FUNDING IT, IF THE INTENT IS FOR HAYS COUNTY THAT'S WHAT WE NEED TO PUT FORTH.

THIS CAN BE A MUCH LONGER DISCUSSION THAT'S WHY WHERE I'M AT. I'M MOTT SURE HOW TO CAPTURE

THAT EMOTION. >> JUDGE BECERRA: DO WE NEED TO ASK OUR GENERAL COUNCIL FOR AN OPINION IN HOWEVER DOES THIS

GO? >> I TYPICALLY DON'T PROVIDE ADVICE YOU TO ALL ON POLITICAL MATTERS.

>> JUDGE BECERRA: NOT SO MUCH POLITICAL BUT USE OF COUNTY

DOLLARS ON AN OFFICE SEAL? >> JUDGE, I HAVE SOME OF THOSE

CANDIES HERE ON THE TABLE -- >> JUDGE BECERRA: CAN I HAVE

SOME I'M JUST KIDDING. >> I THINK THE COMMISSIONER POINTED OUT WHETHER OR NOT THIS IS SOMETHING THE TEXAS ETHICS CONSIDERED A VIOLATION. AND NOT PROVIDE IT -- WHETHER THAT'S TRUE OR NOT, I WOULD DEFER TO THEM AN OUTSIDE COUNSEL YOU RETAIN ON YOUR OWN TO PROVIDE YOU ADVICE THERE.

I DO AGREE IT'S SOMETHING YOU SHOULD PROBABLY ASK AND I THINK IT'S SOMETHING YOU CAN ASK ON YOUR OWN ACCORD.

RELATING TO FUNDING I THINK THE ISSUE BEFORE THE COURT TODAY IS WHETHER OR NOT COUNTY FUNDING SHOULD BE USED FOR A SEAL THAT IS NOT THE COUNTY SEAL FOR PLACEMENT ON MATERIALS THAT IS A SEAL OTHER THAN THE COUNTY SEAL AND AGAIN, I'M AVOIDING REFERENCE TO THE USE OF SHIELDS ON LETTERHEADS BY LAW ENFORCEMENT WHICH I THINK IS COMMON AMONG ALL OF THOSE

OFFICES. >> BUT ALSO, WE NEED TO INCLUDE A CONVERSATION ABOUT JUDGES AND OTHER PEOPLE THAT USE SEALS THAT ARE STILL OFFICIAL OFFICES OF THE GOVERNMENT, AND SO, IT IS IDENTIFYING WHAT OFFICE THEY'RE IN, AND SO WE JUST -- WE COULD TABLE THIS FOR FUTURE DISCUSSION, BUT I JUST THINK

THERE NEEDS TO BE -- >> I DON'T THINK WE CAN,

THOUGH, IS -- SHE HAS TO -- >> ALTHOUGH YOU CAN GET THE DIRECTION FOR THIS AND CREATE A POLICY.

YOU CAN COME BACK TO A POLICY ON WHAT WE WANT TO DO.

I THINK THIS WILL AFFECT MORE OFFICES THAN JUST MINE.

BECAUSE OF THAT I'M A BIG BOY AND CAN HANDLE THAT.

BECAUSE OF IMPLICATION, COUNTING THE RIPPLES MIGHT BE A GOOD THING TO THINK ABOUT JUST FOR OTHER OFFICES.

>> MARK, I WANT TO MAKE CLARIFICATION.

ARE YOU ASKING ANY DEPARTMENT HEAD OR ELECTED -- I GUESS ELECTED OFFICIAL TO CALL THE ETHICS COMMISSION THEMSELVES? I MEAN, I'M NOT SURE THAT WE HAVE AN ISSUE BUT IF THERE IS A QUESTION REGARDING THAT, THE SEAL --

>> MY ADVICE, IF ANYBODY ASKS ME THIS, YOU BETTER ERR ON THE SAFE SIDE AND I THINK IF THERE'S EVER A QUESTION ABOUT WHETHER YOU HAVE POLITICAL ADVERTISING, OR HAVE DONE POLITICAL ADVERTISING, IN A COUNTY BUILDING, THE LAW ON THAT IS CLEAR. YOU CAN NOT SUPPORT YOUR OWN POLITICAL ADVERTISING USING COUNTY RESOURCES, THAT WOULD MEAN FUNDING FROM THE COUNTY OR THAT WOULD MEAN FILMING FROM THE COUNTY BUILDING THAT YOU HAVE ACCESS TO, BECAUSE OF YOUR OFFICE. THAT IS CLEAR.

WHETHER OR NOT A SPECIFIC INSTANCE IS SOME SORT OF INFRACTION OF THOSE RULES BECAUSE POLITICAL ADVERTISING IS SOMETHING THAT THE TEXAS ETHICS COMMISSION WOULD DECIDE, AND I THINK GETTING ADVICE FROM SOMEONE, IT'S IMPORTANT THAT YOU GET ADVICE FROM YOUR ELECTIONS ATTORNEY ON THAT, AND NOT ME. THAT WAS MY POINT.

>> JUDGE BECERRA: DOES ANYONE HERE AT THIS POINT IN TIME SEE

THIS AS POLITICAL ADVERTISEING? >> WELL --

>> JUDGE BECERRA: AS A POINT OF REFERENCE TO CONTINUE THAT

CONVERSATION? >> NOT AS LONG AS YOU PAID FOR

IT. >> JUDGE BECERRA: I PAID FOR IT. IT DOESN'T SAY ELECT OR HEAVEN

FORBID, REELECT. >> I DON'T HAVE A PROBLEM WITH

IT. >> THAT'S NOT OUR DECISION ANYWAY. > THAT'S NOT OUR DECISION.

>> JUDGE BECERRA: THIS SLIDES INTO A LOT OF VARIABLES, I WANT TO ASK HER, IF WE'LL PAY FOR THIS INVOICE.

>> AS FAR AS GETTING INTO THE REGULATION OF WHAT EACH OFFICE DOES, WITH A LOGO OR SOMETHING IS NOT MY -- I DON'T CARE TO GET INTO THE WEEDS ON THAT. IF IT'S USED ON LETTERHEAD OR CARDS, I THINK HAYS COUNTY IS A GOOD IDEA TO SAY IT.

I WOULDN'T IMAGINE WHY YOU WOULDN'T WANT IT TO SAY HAYS COUNTY, SINCE THAT'S WHO WE WORK FOR, THE PEOPLE OF HAYS COUNTY. I DON'T CARE THAT MUCH TO BE HONEST WITH WHAT SOMEONE'S INDIVIDUAL SEALS LOOK LIKE, WHETHER SHERIFF'S OFFICE, CONSTABLE, J.P., IF THEY PUT

THEIR NAME ON THE SEAL -- >> JUDGE BECERRA: IN AN

OFFICIAL CAPACITY, I AGREE. >> I DON'T KNOW IF WE CAN

[02:35:02]

CREATE I POLICY THAT TRIES TO SET RULES.

I WOULD SUPPORT IT SAYS HAYS COUNTY SOMEWHERE IN THERE IN CASE IT'S USED IN A WAY THAT SOMEONE BELIEVES IT IS SOMETHING MORE THAN FOR THAT INDIVIDUAL'S OFFICE BUT FOR SOME OTHER COUNTY WIDE INITIATIVE IT WOULD BE NICE IF IT SAID HAYS COUNTY SO I GUESS I'M SUPPORTIVE OF IT SAYING HAYS COUNTY. I THINK THIS ONE, ESPECIALLY SINCE IT DOESN'T SAY HAYS COUNTY AND IT'S NOT AN INITIATIVE OF THE JUDGE'S OFFICE THAT'S WHAT IS CAUSING THE PROBLEM. IF THAT LOGO WAS THE COUNTY LOGO, WE WOULDN'T HAVE THIS CONVERSATION IS THAT CORRECT?

>> I THINK IF THE JUDGE COULD DO IT AGAIN HE WOULD PUT THE

COUNTY LOGO. >> JUDGE BECERRA: I WOULD SAY, I SUGGEST WE PUT OUR SEAL, MY LACK OF CLARIFICATION.

AS IT STANDS DO WE ASK TO PAY THE INVOICE FOR THAT FLYER?

>> I WOULD NOT SUPPORT THAT. I WOULD SAY WE REPRINT IT, I

WOULD SAY -- >> JUDGE BECERRA: THE EVENT'S ALREADY HAPPENED. IT WAS A TABLE OF FLYERS AND THAT'S ONE OF THE TABLE OF FLYERS.

>> I WOULD SAY SINCE WE HAVE ALREADY -- THE JUDGE'S OFFICE THAT WE DO NOT PAY FOR THIS PERSONAL LOGO

THAT WE -- >> JUDGE BECERRA: MOVING

FORWARD -- >> COMMISSIONER INGALSBE: WE SHOULD NOT BE PAYING FOR THIS LOGO BECAUSE THERE WAS ANOTHER INSTANCE WE DIDN'T PAY FOR IT ALREADY.

THAT WAS THE STANDARD WE DON'T PAY FOR THIS PERSONAL SEAL.

WHICH IS WHY WE QUESTIONED IT, BECAUSE WE'VE ALREADY SAID WE

DON'T PAY FOR THIS SEAL. >> I AGREE WITH COMMISSIONER

SMITH. >> SO, THIS ISN'T THE FIRST

TIME THIS HAS COME UP? >> REFER TO SOMETHING LIKE A BUSINESS CARD OR SOMETHING IF THE PAST.

>> THE SIGN, THE FIRST ASSISTANT AUDITOR SPOKE WITH THE JUDGE'S OFFICE ABOUT NOT PAYING FOR A PERSONAL SEAL, SO WE'VE ALREADY MADE THAT COMMUNICATION THAT THE PERSONAL SEAL WAS NOT TO BE -- WE WEREN'T SPOKESED TO SPEND COUNTY FUNDS FOR THE PERSONAL SEAL.

>> JUDGE BECERRA: BUT THAT WASN'T A PERSONAL SEAL PURCHASED CONCERN THAT WAS A THUMBNAIL, IF YOU LOOK AT THE

SIZE OF THE FLYER OF -- >> IT'S STILL THE USE OF IT.

THAT'S THE PROBLEM. >> JUDGE BECERRA: LET'S TAKE IT THIS WAY IF WE WANT TO KEEP GOING WITH IT.

THAT'S FINE I HAVE TIME. SINCE WE ALLOCATED THE TIME.

I BELIEVE SINCE WE'RE TALKING DOLLARS AND CENTS, WE SHOULD EXTRAPOLATE THE VALUE OF THAT FORM AND DIVIDE IT UP BY SQUARE INCHES, I'LL PAY FOR THE ADVERTISEMENT --

>> YOU CAN'T PAY FOR ADVERTISEMENT ON A FEDERAL DOCUMENT EVEN IF WE WANT TO DO THAT.

>> JUDGE BECERRA: AND I'LL BE CHARGED FOR THE OFFICIAL OFFICE REPRESENTATION OF THE CO-CHAIR THIS CENSUS ACCOUNT FOR W THAT PIECE ON THERE, BECAUSE WHAT ABOUT THE REST OF THE INFORMATION. WHY AM I SPONSORING CENSUS

STUFF? >> THAT'S A GOOD QUESTION.

WHY ARE YOU? >> JUDGE BECERRA: IT WOULD BE A GOOD QUESTION TO DIVIDE IT UP IN A USEFUL MANNER IF THAT'S HOW WE WANT TO GO WITH IT. I THINK WE'RE SPENDING MORE TIME THAN WE'RE GOING TO. I AM OKAY WITH THAT.

I'M USED TO THIS TYPE OF SCRUTINY.

>> WHAT'S THE AUDITOR'S RECOMMENDATION?

YOU'RE INDEPENDENT? >>.

>> THAT WE DO NOT PAY TORE THIS SEAL.

>>> ON WHAT INSTANCE ARE YOU REFERRING TO.

>> ON THAT SEAL RIGHT THERE. >> JUDGE BECERRA: HANGING ON

THE WALL. >> YOU SEE THE DIFFERENCE? THERE'S AN ITEM PUT ON THE WALL THAT I NEVER TRIED -- I USED A LOCAL PRINTER, TOO, NO LESS, BUT NEVER TRIED TO SUBMIT FOR REIMBURSEMENT FOR A WALL PIECE, WHERE THIS IS PART OF A PIECE OF PRINT. THERE'S A LITTLE

MISUNDERSTANDING ON THAT FRONT. >> JUDGE IT'S MY RESPONSIBILITY

TO BE CONSISTENT. >> I WILL PAY THE 278.

I DO NOT BELIEVE THE COUNTY SHOULD PAY FOR THE $278.

WE CAN END THIS NOW. WE WON'T PAY FOR IT BUT IT WILL

GET PAID. >> THANK YOU.

>> I'LL PAY FOR IT IF WE'RE GOING TO PAY THIS GAME.

>> JUDGE BECERRA: SO LET'S MOVE ON --

>> NOSE. I STILL HAVE A MOTION, SIR.

>> JUDGE BECERRA: I'M STILL THE CHAIR.

ALLOW ME THE CHANCE TO EXPRESS MY THOUGHTS SO I CAN KEEP THIS THING MOVING. SO, WE HAVE A THOUGHT PROCESS REVOLVING AROUND THIS AGENDA ITEM.

PLEASE CLARIFY YOUR AGENDA ITEM ON NO. 33 SO WE CAN MOVE ON.

>> THIS IS ACTUALLY THE AUDITOR'S AGENDA ITEM NOT MY

AGENDA ITEM. >> IT'S A LITTLE CONFUSING.

SORRY. IT SAYS HER NAME RIGHT HERE.

SO LET ME CLARIFY. >>> MAKE A MOTION?

[02:40:01]

>> NO. >> JUDGE BECERRA: RIGHT.

I KNOW THAT. YOU ASKED ME A QUESTION.

WHAT I LIKE TO DO IS MOVE THAT -- SINCE WE CLARIFIED A SPECIFIC ITEM, THAT IN THE FUTURE, ANY AND ALL USAGE OF THE COUNTY SEAL, FOR PRINT OR OTHER USES, MUST BE CLEARED OR PRE CLEARED BITE AUDITOR'S OFFICE FOR USE.

AND THAT ANYTHING FOR USE AS ON BEHALF OF HAYS COUNTY USE THE HAYS COUNTY SEAL. IS THAT CLEAR ENOUGH TO BE --

>> JUDGE BECERRA: I WAS GOING WOULD YOU MIND REPEATING THAT?

>> SURE. I MOVE THAT IN THE FUTURE, ANY USE OR -- LET ME WRITE THIS DOWN.

MAKE SURE I SAY EXACTLY CORRECTLY.

>> JUDGE BECERRA: I LIKE A QUESTION FOR THE AUDITOR.

CONSISTENCY IS MY FAVORITE. >> EXACT LIMIT

>> JUDGE BECERRA: THIS IS FUN. YOU GUYS HELPING ME IN A LOT OF GREAT WAYS. I'M GRATEFUL FOR THIS LESSON.

>> WE TRY HARD. >> JUDGE BECERRA: MAN, IT'S WORKING OUT. IT'S WORKING OUT.

I'M GENUINELY GRATEFUL. WHAT I'M GRATEFUL FOR ALSO WHILE HE'S WRITING I'LL STILL GET TO USE MY SEAL AND I'LL HAVE THAT PERMISSION, SO, THAT'S GOOD.

THAT'S ALWAYS GOOD. ONE MORE AND WE GET A RECESS.

WELL, WE GO INTO EXECUTIVE SESSION.

DO WE NEED TO -- DO WE NEED TO OPEN THE AGENDA ITEMS ON EXECUTIVE SESSION, MR. KENNEDY? 35 IS SHERIFF'S OFFICE.

36 IS GENERAL COUNSEL, 37 IS EMERGENCY SERVICES.

>> THE ONLY ONE I DO NOT KNOW ABOUT IS 37.

THAT'S UP TO THE COURT. >> JUDGE BECERRA: YES.

>> BUT I THINK YOU ALL WANTED IT OPEN.

YES. >> JUDGE BECERRA: I SPOKE WITH SHERRI AND THE UPDATE WILL BE USEFUL ON THAT FRONT.

>> DO YOU NEED 38? >> JUDGE BECERRA: 38.

>> 38 NEEDS TO BE IS THAT CORRECT?

>> PRECINCT 1. >> JUDGE BECERRA: SO WE'LL OPEN 38 AS WELL AND LAST BUT NOT LEAST.

HABITAT CONSERVATION PLAN. I SAY WE'RE OPENING THAT ONE AS

WELL? >> YES, SHOULD BE BRIEF.

>> JUDGE BECERRA: NO PROBLEM, NO PROBLEM. READY?

>> JUDGE I MOVE TO GIVE DIRECTION TO THE AUDITOR'S OFFICE THAT THE COUNTY SEAL SHALL BE USED EXCLUSIVELY FOR ANY ITEM THE PAID FOR WITH COUNTY FUNDS AND FOR ANY

PURPOSE THE COUNTY MAY SEE FIT. >> JUDGE BECERRA: SEE FIT BY

THE COURT? >> YES.

WE HAVE TO APPROVE EACH ONE. >> JUDGE BECERRA: BY THE COURT.

I JUST WANT TO MAKE SURE. WE HAVE A MOTION AND WOULD YOU

STILL LIKE TO GIVE THAT SECOND? >> SECOND.

>>> ANY FURTHER CONVERSATIONS OR THOUGHTS?

>> IS THAT CLEAR TO THE PEOPLE THAT WILL BE --

>> YEAH. >> ARE YOU GOOD WITH IT

MARYSOL? >> ACTUALLY THE SHIELD?

>> I THINK YOU COULD SIMPLY SAY AS PART OF YOUR MOTION THAT THIS DOES NOT ENCAPSULATE THE USE OF SHIELD BICE LAW ENFORCEMENT ON THEIR LETTERHEAD AND MATERIALS THAT THEY SEND OUT WHICH IS COMMON AMONG ALL OFFICES.

>> AND THE SHIELD DOES SAY HAYS COUNTY.

>> I HATE TO DRAG THIS ANY FURTHER.

IS THERE ANY WAY WE CAN JUST BRING THIS GENERAL DISCUSSION?

>> I THINK SO. >> JUST AS A POLICY, TO MAKE SURE WE DON'T CREATE -- COMMISSIONER, JUST TO MAKE SURE

WE DON'T GET A -- >> JUDGE BECERRA: OFF THE HIP RESPONSE THAT'S AFFECTING PEOPLE IN A BAD WAY.

>> I'M FINE WITH THIS. I WANT TO MAKE YOUR LIFE AS

EASY AS POSSIBLE. >> WE'VE ALREADY GOT DIRECTION

ON THAT FRONT. >> I UNDERSTAND THAT.

>> HAYS COUNTY SEAL, AND THEN THE LAW ENFORCEMENT, THE SHIELD THAT SAYS HAYS COUNTY ON IT, AND IF THE INDIVIDUAL INCLUDES THEIR NAME, AS LONG AS IT SAYS HAYS COUNTY, IS THAT FINE?

>> I STATED ALL I CARE ABOUT IS HAYS COUNTY BEING ON THERE.

>> JUDGE BECERRA: I AGREE WITH YOU.

>> AGAIN, IT MIGHT MAKE IT EASIER IF WE HAD SOMETHING WRITTEN THAT HAS BEEN VETTED THE YOUR OFFICE TO MAKE SURE

THERE'S NONE AT OUTLIER -- >> I'LL BRING SOMETHING ELSE

[02:45:01]

BACK. >> JUDGE BECERRA: TO INCLUDE --

>> I'LL BRING SOMETHING ELSE BACK.

>>> AS WE SIT ON THE PODIUM. PLEASE IDENTIFY YOURSELF?

>> ALEX -- CHIEF OF STAFF FOR HAYS COUNTY.

THERE ARE OTHER DEPARTMENTS AND DIVISIONS THAT USE SOMETHING ELSE BESIDES THAT, HAYS COUNTY SHIELD, FOR HAYS COUNTY COMMUNICATIONS. I JUST WANT TO MAKE SURE THAT WHEN WE ADDRESS IT, IT'S GOING TO ADDRESS ALL HAYS COUNTY DEPARTMENTS AND DIVISIONS AND THAT MIGHT ACCRUE SOME EXPENSE AND DIFFERENT CHANGES AND POLICIES.

I WANT TO MAKE SURE WE HOLISTICALLY LOOK AT THAT.

>> JUDGE BECERRA: THAT'S WHAT I WAS SAYING EARLIER TOO.

I LIKE THE IDEA OF BRING IT BACK AS FUTURE AGENDA ITEM FOR POLICY. IN THE MEANTIME SHE'S GOT THE DIRECTION YOU NEED ON THIS AGENDA ITEM NUMBER.

[34. Discussion and possible action to modify the invoice approval process for certain expenditures within the County Wide Department and amend the budget accordingly. VILLARREAL-ALONZO]

WILL YOU PLEASE OPEN AGENDA ITEM NO. 34.

>> 34 DISCUSSION AND POSSIBLE ACTION TO MODIFY THE INVOICE APPROVAL PROCESS FOR CERTAIN EXPENDITURES WITHIN THE COUNTYWIDE DEPARTMENT AND AMEND THE BUDGET ACCORDINGLY.

>> COMMISSIONERS COURT ON FEBRUARY 4TH, WE BOUGHT THIS ITEM TO THE COMMISSIONERS REGARDING THE COUNTYWIDE DEPARTMENT, WHERE WE HAD EXPENDITURES THAT DID NOT MEET GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, AND THAT WE ARE REQUIRED TO MEET GENERALLY ACCEPTED ACCOUNTING PRINCIPLES WHEN WE ISSUE THAT. SO OUR RECOMMENDATION IS MOVE SIX OF THE BUDGETED LINE ITEMS FROM COUNTY WIDE INTO SEPARATE FUNCTION AREAS THAT DO MEET THE EXPENDITURE FUNCTION, SO THAT WE COULD APPROPRIATELY REPORT OUR FINANCIAL STATEMENTS IN ACCORDANCE WITH THE GOVERNMENT ACCOUNTING STANDARDS BOARD IN ORDER TO RECEIVE A CLEAN OPINION FROM OUR AUDITOR, WE HAVE TO ENSURE THAT WE DO NOT MATERIALLY MISSTATE OUR FINANCIAL STATEMENTS AND SO BY PERFORMING THESE FUNCTIONS, MOVING THESE SIX ITEMS OUT OF COUNTYWIDE WHY WILL ENSURE WE'RE NOT MISSTATING OUR FINANCIAL STATEMENTS.

THE OTHER ITEMS, WHEN WE DISCUSSED THE APPROVAL PROCESS WITH OUR EXTERNAL AUDITORS WHO ALSO AUDIT OUR INTERNAL CONTROLS, THE MAIN CONCERN WAS THAT THE INDIVIDUAL WHO IS MANAGING THE EXPENDITURE, WHO IS OUT IN THE FIELD, IS AN INDIVIDUAL WHO SHOULD BE APPROVING THESE INVOICES.

AND SO, WE MADE THIS LIST, AND IT IDENTIFIES THE DEPARTMENTS THAT SHOULD BE APPROVING THE INVOICES ALTHOUGH THEY HAD BEEN INITIALIZING THE INVOICES AND WE HAD BEEN PLACING THE INVOICES INTO A BATCH THAT WAS FINALLY APPROVED PIPE THE COUNTYUP'S OFFICE. OUR PROCESS REQUIRES THOSE APPROVAL TOSS BE PERFORMED IN OUR SYSTEM IN NWS.

THAT'S WHY I'M HERE WITH THIS AGENDA ITEM SO I CAN GET OUR APPROVAL PROCESSES BACK IN LINE TO PROVIDE EVIDENCE BY OUR AUDITORS, THE INDIVIDUAL IS MANAGING WHETHER THE COUNTY RECEIVED GOODS AND SERVICES AND APPROVING WHETHER THE COUNTY RECEIVED THOSE INVOICES AND SERVICES BEFORE EXPENDITURE IS INCLUDED WITHIN OUR INTERNAL CONTROLS WITHIN OUR AUTOMATED FINANCIAL SYSTEM. SO --

>> YOUR RECOMMENDATION IS INCLUDED IN BACKUP?

>> THE SCHEDULE THAT WAS PRESENTED ON FEBRUARY 4TH IS INCLUDED IN THERE. IT IS TO MOVE THE SIX FUNCTIONS OUT OF COUNTYWIDE, AND THEN TO APPROVE --

>> TO PUT THEM IN WHERE, THOUGH?

>> THEY HAVE -- SOME OF THEM WILL BE IN SEVERAL AREAS THE EQUIPMENT SERVICE FEE, THE RADIOS, THOSE ARE USED BY THE SHERIFF SO THEY WOULD BE PLACED IN THE SHERIFF'S DEPARTMENT BECAUSE HE'S OBVIOUSLY LAW ENFORCEMENT FUNCTION.

THE EMERGENCY COMMUNICATIONS, WILL BE PLACED IN EMERGENCY COMMUNICATIONS. THE CONSTABLE RADIOS WILL BE PLACED IN THE CONSTABLE DEPARTMENT, THEY NEED TO BE SEPARATED OUT. WE HAVE BUDGET AMENDMENT TO AMEND OUT THOSE BUDGETS AND PUT THEM IN THE CORRECT DEPARTMENT FOR THE RADIO SERVICES. THE ALARM LINES WILL GO TO BUILDING MAINTENANCE, AS WELL'S, THE CEMETERY MAINTENANCE. THEY WILL GO TO BUILDING MAINTENANCE, BECAUSE THAT DEPARTMENT ROLLS UP INTO A MAINTENANCE FUNCTION IN OUR COFFER.

WITH THOSE SPECIFIC INCE TANSS SINCE IT'S ROAD DEPARTMENT OUT ENSURING SERVICES WILL BE PROVIDED, IT WILL BE IN THE