>>> a very good morning to you all I would like to call this
meeting to order. Thank you all so much for be
-- >> will you please call the
roll? >> commissioner ingalsbe here, commissioner cohen here, commissioner hammer here,
commissioner smith, here, judge becerra here.
>> those in the audience who have submitted public participation witness form will have three minutes to speak,
unfortunately no court member will be able to respond as your comments will be taken as rhetorical. Please remain
respectful and in the spirit of respect please silence your cell phones, one of you may forget so if you're holding a phone help
us out and silence your cell phone, just double check.
measure twice, cut once. First person signed up to speak is name ] you will have three minutes, sir.
>> test, test. Hello judge becerra and commissioners I am
name ] the chair of the hays county democratic party. Here to inform you about some possible changes to the march primary
election, the march primary election. These changes have
been initiated by the local republican party, the local democrat party stands in opposition to these changes .
the republican party has decided not to contract with county elections to run a joint primary with the democrats. Under state
law the option is available to them. If they go through this
there will be many changes to the normal processes . Early
voting processes will stay the same however election day procedures will dramatic change. Each party will have separate
locations election judges and poll workers, republicans will
use paper ballots and democrats will use electronic voting machines. This means republicans must manually count their votes,
a process that will structurally result in more errors, in addition republicans have a 24-hour deadline to manually
count thousands of votes, the county must occur at each
respective polling location, republicans will need additional space in every polling location so they can manually count
ballots, this complicates the choice of polling locations.
voting centers will be no more instead on election day individuals will have to go to precinct to vote, I reiterated
hays county democratic party is a post the primary election changes. We will continue to meet with the revoking party to
work out a resolution, thank you. >> thank you come I hope people understood what you said because
it was very clear to those of us that understnd what'sgoing
on. Our next speaker is mr. John leonard.
>> I would like to say good morning judge and commissioners
but I can't because it is not a good morning. Let me tell you
the story. A long time ago in a galaxy far far away hays county
democrats, republicans and the county shook hands and agreed to hold a joint primary election, administered by the county
elections office. The advantage cost savings and added
convenience for voters since the agreement establish countywide
vote centers allowing voters to cast ballots at any polling place in the county and of course for the party of their
choice. It has been a good system we saw voter turnout rise in the years without a presidential gubernatorial or
senate race. A joint primary let's voters enjoy the pre-convenience of voting at any location that works best for
them and in a county like hays county with some of the people who work and study in neighboring counties and face
I-35 traffic this is important but the republican party decided to pull the plug on vote centers and turn the clock back to
precinct-based voting this means voters can only vote at one location that serves their precinct. Whether or not it fits
into their schedule or obligations. Tell that to a busy young parent . Trice when that to a texas state university
student who for years voted at the lbj student center. A
republican plan would end that, lbj would serve only students from one precinct. The rest are on their own and they won't be
calling hays county republican party to complain about voter suppression. They will be calling you. Here is where it
really gets crazy, republicans stiff arm the county when it
came to polling places. We will find our own we don't need you
and then they came to the door the democratic door expecting to use our polling places on election day but there are a
couple of problems first hays county democrats have election contract with hays county it does not include hays county
republicans. Even if we want to say yes to the republicans we cannot unilaterally author the terms of the contract nor can
the county and frankly we don't believe the hays county democrat party should be hosting the republican primary. Like the
democrats the republicans had every opportunity to act
responsibly for the march primary but they chose not to
and in doing that their failing their voters, the democratic party leaders had acted in a similar way I can promise you
they would not be our leaders today thank you. >> thank you mr. Leonard. Next up,
>> good morning commissioners my name is
agenda item 12 discussion and possible action regarding
removal of unauthorized publications or new stance from the hays county courthouse I am paraphrasing a bit. Some of you
might know I work with the caldwell hayes examiner. I have worked here a bit over one year and we often say that we aim to
stand on the shoulders of our forebears like the hays county guardian underground newspaper that ran in the 80s and 90s in
the county and another underground paper that ran
during the height of the movement locally in the 60s and 70s. As people working in the trenches of the current movement
we are in, we aim to uplift stories of resident's
experiencing injustice and also uplift local history of marginalized communities that many people do not know about while some of the best parties have been centered around
discussing local history of marginalized communities and we have seen a clear appetite and interest from supporters we also
know a lot of people do not like to talk about the uncomfortable not always pretty history of the region that shows injustice
faced by people of color. The term is called whitewashing however, one entity that understands the importance of
uplifting the history of marginalized communities is the
council for the indigenous community. We were so happy and proud to drop off and share copies of stories uplifting
local history when they asked as part of their exhibit. Obviously I would like to continue sharing our papers with them and not
have big government interfere with the right to share local journalism with them so I hope you don't take that away
especially during a time where freedom of speech is being
suppressed and punished. I also want to talk about how wildly inappropriate it feels this is even on the agenda at all surely
there are more pressing issues that the highest governing body could and should be focusing on. I cannot imagine that having a
newspaper is disrupting anyone's job or important work that needs to be done in the building. I think this is
theatrical, ridiculous and I ask that you get back to the important work that the county elected you to do, thank you.
>> thank you and final speaker in person is miss amy kemp.
>> good morning judge becerra, county commissioners. I am a
resident of san marcos. Like sam I am here to comment on item 12
on the miscellaneous agenda regarding the possible removal of unauthorized publications for new stance from the courthouse
grounds. I think we all understand this is about the examiner newsstand downstairs as part of an exhibit organized by
the council for the indigenous community. First of all I want
to say I cannot believe this is an agenda item I assume it's
legally valid to play something of this nature on the agenda but what a waste of the government's time and resources
and people in this county are in desperate need of services, some of which can be provided by the court by focusing on those needs
instead of engaging in this ridiculous clinical theater. If commissioner smith is convinced the examiner newsstand is not
authorized to be downstairs why not as the council to remove it before doing this and dragging fellow members of the court into
a discussion and possible vote about it. I want to note for the public record that the timing of this agenda item is interesting
to say the least. I have contributed to the examiner in
the past as a freelancer and I have helped put on events with the examiner in a volunteer capacity but I'm not an
employee and I do not make editorial decisions for the paper and I don't always agree with those editorial decisions.
people can disagree right? However I have felt the effects
after the examiner published some reporting focused on local politics in the recent months. Attacks on the examiner and
people such as myself will have an association with it have been exhausting and distracting to be clear until now I've not felt
any of the attacks were coming from anyone on this dais and I do respect this court and the hard work you do and I
appreciate it. It will save regardless of where the attacks are coming from there clearly designed to silence the examiner
and people associated with the examiner. Maybe in this instance it will work at a majority of you will vote to remove the
newsstand from the exhibit at the greater project of trying to silence dissent and criticism in this community is destined to
fail thank you. >> thank you very much. We have
any written at this juncture of court? That concludes public
comments and all those that have signed up for an agenda item when we open the agenda item is when we will call your name. I
want to make sure those who signed up are okay with that, usually I would have someone protest I have to go to work.
there is one now.
>>
is customary to move around agenda items based on the interest of the community because they always try to be as
evenhanded and predictable as possible. The way I see it it is
my duty to be as predictable and evenhanded as possible. Now we will go please open f1. >> presentation by tucker
ferguson austin district engineer for the texas department of transportation.
>> good morning judge and commissioners thank you for having me here today my name is tucker ferguson the district
engineer and have been here several times over the years to talk about the program that we partner with hays county and
proud of the efforts and partnership we have at one of the pleasures I do receive of doing this job is recognizing
those individuals who have put a lifetime of dedication and
transportation initiatives helping the communities grow and I'm here to do that today recognizing someone . We have
had a partnership with many many years and announced the award of the highest tribute that a citizen can get, a non-txdot
employee to give them time and energy and vision of a champion to transportation projects across texas and this region and
it is the road hand award and I'm here to present this to commissioner , commissioner ingalsbe.
>>
because tucker has to be back. >> we will break ground on another project in about one hour. I've got three pages of
notes to go over and I'm not going to read all of this. Just the highlights and just looking over some of the compass mints
and initiatives taken over the last several years since she joined the core in 1997 spearheading 148 million pastor
finance program, 2008 bond program $59 million, the txdot
hays county partnership in 2013. $131 million road bond program
nearing completion with over 50 projects. The latest $440
million road bond program and some of the projects you have touched, I haven't 35, kyle crossing, fm 1626, 110,
arrington road, weber boulevard, fm 2001, 621, state highway 80,
sh 21, fm 1966, 967, I could go on and on and on. A state road
we have touched and had a large part in, but I want to focus on
in 2022 commissioner ingalsbe joined the capital area
metropolitan planning organization which I am a member of and we worked side-by-side on some very difficult topics and
you can imagine that board has a diverse membership with 21 board members and it is a great challenge to have because we are
looking at the growth across the region the six county region and we have been very pleased to work alongside the commissioner
because you always have a very measured and logical regional
growth attitude and it is easy to get drawn into being
champions for your own projects and you are a champion not just for hays county but for the six county region as well and I
really appreciate that.
so judge at this time I would like to present the award. >> I would like to ask you do that here at the center of the
center of local government, this is your time, your space and congratulations. Come on up. >> I would like to recognize a
former road hand award winner , able to join us here as well.
>> thank you.
>>
>> please open f2. >> presentation of october 2025
service and retirement awards. >> okay, thank you. >> good morning commissioners
and judge I am the employment and compensation coordinator
with the hays county human resource office. This morning we
are honored to recognize and celebrate employees who have reached significant milestones in their years of service with the county. We have a few here today so as you hear your name
if you will go up to the front all right we have first jason
martinez with commissioner precinct 4. One year of service.
>> isaiah tiger with the sheriff's office.
>>
station.
>> holder pause until the end we've got to get this moving.
>> holly johnston with the sheriff's office, steve daily on development services, logan brock with transportation, logan
williams were transportation,
office,
escobar tax assessor and collector.
transportation. And morris alonso with personal health.
tax office.
the health department. And that is all. For one year of service.
>> thank you.
>> a sign of growth and government serving communities.
>> with 10 years of service we have sergio gonzalez with transportation. Diana spencer with the district attorney's
office.
] with the sheriff's office.
development services and that is all for 10 years of service.
>>
have all for 15 years.
with 20 years of service we have
courts.
and
for 20 years of service.
>> thank you so much congratulations.
>> I might have missed one, james young 10 years of service with the sheriff's office. Jessica okay jessica young with
10 years of service. >> is jessica here? Come on
jessica.
just for that you get your own picture.
>> this was god's will. Give your own space. Star of the
show.
>> thank you so much.
>> steve cunningham with the sheriff's office.
and that is all. >> thank you so much everyone.
really appreciate it. Please open j3. I'm sorry, f3.
>> f3 adopt a proclamation recognizing november 1, 2025 as
harvey e. Miller day of service. >> some of. >> second.
>> please read. >> recognizing november 1, 2025 as harvey e. Miller day of service whereas the dunbar
heritage association and miller family will observe the fifth annual harvey miller day of service saturday, november 1 harvey miller day of service saturday, november 1, 2025 as a
day of service in honor of trailblazer civil rights hero community builder youth worker and historian harvey e. Miller
the good-looking fella recognizing in recognition of
his 54 years of service to the san marcus community whereas
harvey edward miller was born november 4 was born november 4, 1929 in rocky hollow a freedom colony outside of georgetown,
texas. The oldest of 10 children born to frank and noticed cedric
miller accepting jesus as his lord and savior at a young age renowned as a prankster among family and friends whereas this
exceptional citizen attended the carver school in georgetown and married his high school sweetheart on july 7, 1948 and
they brought into this world four on july 7, 1948 and they
brought into this world 411 daughters, krystal, chris and linda both now deceased, kathy and tricia and whereas harvey miller and his family moved to san marcus in 1966 where he had
a distinguished career at gary job core center more than 35
years until his retirement and arabella miller was the first
african-american nurse at the hays county health department whereas mr. Miller helped to start a group called the bridge
builders to improve race relations in the late 60s and to transform the old dunbar school site, the colored school into
the park and recreation center for all children becoming its first director and whereas harvey miller initiated the
annual juneteenth celebration commemorating the freeing of texas slaves in 19 , 1865 he helped san marcus residents
understand and appreciate the significant contributions and legacy of black citizens in our community and across texas
dedication wisdom and courage to speak his mind whereas this
wonderful citizen is recognized for his support for the greater bethel baptist church as the founder of the dunbar heritage
association recipient of the 2008 spirit of san marcus award and outstanding senior volunteer by the san marcus senior citizen
advisory board and whereas deacon harvey miller aged 90
went on to be with the lord on september 1 to be with the lord
on september 1, 2020, he passed away peacefully in his san marcus home surrounded by family and friends whereas now the
extended family and friends of harvey miller will honor his legacy and celebrate his 96th birthday with the fifth annual
harvey miller day of service on the first saturday in november
to one of the exceptional leader, father, grandfather and great-grandfather. Now therefore be it resolved the hays county
commissioners court does hereby proclaim november 1, 2025 as
harvey e. Miller day of service and call upon the citizens of hays county to recognize the contributions of this highly
esteemed citizen and honor him by serving the community on november 1, adopted the 20th day of october, 2025.
>> beautifully done please call the roll.
>> I don't know if there's someone here to accept the proclamation. Wonderful. >> please approach the podium
and state your name and title. A few motivational words.
>> good morning commissioners and judge my name is alex
] president of the heritage association and what would've
been my grandfather's 96th birthday on november 4 we are
urging the community to come out and join us , not just in the
san marcus, but hays county and do a day of service by honoring
my grandfather on harvey miller day of service we are partnered
with keep san marcus beautiful and the hays county food bank so we are encouraging people to bring canned goods. We are
starting in the dunbar neighborhood at the park at 9:00. This saturday morning. The food bank truck will be there so
we are asking for people to come and bring canned goods so we can
supply the truck and food bank for the upcoming holidays and we
are encouraging people to get out in the community and do some type of service on this weekend. We will be cleaning up the
dunbar neighborhood so everyone is welcome to come saturday at 9:00 to kick off the harvey miller day of service.
>> beautifully done. Thank you so much. Anybody else that wants
to be part of this picture would you like to come up for a quick picture?
>> thank you so much. What an honor, congratulations.
please open actually, yeah, they are not ready why do you present
a little video and call it quits, a short video clip. They
are running behind. >> corner of san marcos this
area had become overgrown , literate and unsafe a public health and safety concern for the community. The judge how
potential where other side problem partnering with gary job core he set out to restore and bring pride back to the
neighborhood students rolled up their sleeves removing debris repenting power washing and revitalizing the landscape, the
two turned years of neglect into renewed beauty and purpose. Today this space serves the community hosting events,
markets and car shows a reminder of what is possible when we worked together to care for the city.
>> that was part of representation but there were
not ready and I want to do that for them please open f5. >> presentation by
development regulations update project. >> all yours. >> thank you. I think we have a
powerpoint. Do we have a clicker or just next slide? Thank you
judge in commissioners for having us here today, want to give you an update on the process grow quick team
introductions tell you about the overview of the project as a reminder and david will walk us through the findings of the
report. My name is daniel harrison the project manager
with david jones the assistant project manager in the project
engineer here to answer questions with a couple other members of the team. We are doing this project in three
phases, the first is wrapping up now a diagnostic report phase
where we investigate talking to people about the subdivision
development and the county, the key issues, phase 2 starts in
the fall and it will conclude the end of spring and that's
the drafting of the updated regulations in the third phase is the adoption process and there will be opportunity for
people to comment and provide feedback just like phase 1 of
the report. So, stakeholder engagement. We have really been
spending may through june getting stakeholder engagement and stakeholder engagement is when we sit down and talk with
people , the judge and commissoners and we talk with
county development staff representatives of different cities in the county also different interested parties
like the river authority, watershed association, the river
foundation and other members of the community, surveyors, landowners and the purpose is to focus on what they thought key
issues were to help identify those to put that in the report
to come up with recommendations and we did our public engagement
so we wanted opportunities for we had four open houses at each
commissioner precinct, we had good turnout where we were able
to talk with people. We had display boards where people could see the issues and leave comments so we had a lot of good
feedback. A summary of the comments we know what is
important to the stakeholders and the public is really strong
desire for conservation that is conservation of groundwater,
conservation of the natural environment. Things along those
lines and the restricting of development enforcing impervious
covers back to those environmental issues as growth
and development occurs. How is that affecting current landowners, future landowners and future development pattern in the county. Also there is discussion about transparency
and that is letting people know, the city notices and people know what's going on we want to be sure when there is development
around in the community they know what's going on as part of
the development process so standardized that process letting people know and then there is a strong support for
increased revelatory instances between partner cities so we
have some areas right outside cities called the epg where there is a partnership between counties and cities to work on
development in those areas and that was another thing
identified. I will let david take you to the key critical elements. >> to call back these are the
key concepts that started to emerge out of the process of interviewing stakeholders going to the public. Water
availability and quality controls, flood management. All things having to do with water and wastewater and we had an
emphasis on variance and revelatory consistency streamlining some of those processes, condominium
development came up as a recurring problem and the next
slide we have patient for structure and roadway issues .
interdepartment cooperation, standardizing processes and timelines, looking at development agreements and
strategic planning and coordinating with cities and et jay's so on the next slide this is a list of the key changes
proposed to the diagnostic reports so the report is essentially complete at this point so we have the high level
key concepts and strategies for addressing those and we have a newly added section that has been added since we spoke to you
last month that contains sections with recommendations for changes. Several pages of those this is to summarize the
key most impactful changes that are proposed the document, the
intent today is to move onto the next phase so we can begin drafting the subdivision regulations guided by the key
changes so the first is to introduce a minor process so if
you've got to let say mom and pop situation where you have got
a few acres and you want to subdivide to create lots for family members not necessarily creating a subdivision with
internal streets and putting a lot of houses on it but sub
devising a smaller property with a few lots this would be a
separate process where they can go through staff and get approval. Without having to go through the full approval
process through the court, this is the process authorized by
state law chapter 232 so essentially we are adopting
state language for that. Number two is a submittal calendar
authorized by state law , would not do away with the mandated
timeline in terms of shot clock we have requirements to act within 30 days with a completed application this would allow the
county to determine where within the month the shot clock
actually starts so this is much better aligned processes and
timelines with court dates time frames so everything can be
aligned and coordinated more predictably than the current set
up. Something state law explicitly allows you to do
number three facilitate third-party reviews and inspections this is for the county we are not suggesting
this for applicants so there was some legislation filed last session did not end up passing that would've allowed
applicants to essentially pull in third-party reviewers and inspectors and the county and cities would have to accept
those reports. This is only for the county so this is within
state law the county can put in the fee schedule. The
pass-through fee to pay for third-party review and inspection services so we would be proposing to add that number
four create standards for conservation subdivision to define what that means what the different components of
conservation subdivisions are so that could include setting aside
land for conservation putting that in a trust or during
transfer of development rights. Don't have that figured out yet
but as a conservation subdivision component that came up repeatedly within the discussions with the
commissioners court and with the public and with staff
formalizing that process flag lots came up quite a bit that's we have a situation we have a shared driveway and a piece of
property is taken out on the front and then you have a house in the back essentially a situation where two or more
properties are sharing a driveway there are some concerns
that go along with that such as visibility to first responders what happens if a property gets sold and they rely on another
property for access so those are not unsolvable problems we are just lacking tools today to regulate those consistently so
we would be adding those standards, next slide number six strengthen water certification process one of the rare issues
where the state has been giving counties more and more authority
to regulate subdivisions that are certified groundwater required certification studies. To be conducted before those
applications can be accepted that's one of the few ways to
stop the shot clock from starting so that would be updating language to match with what is in the state statutes
today. Number seven getting the groundwater conservation district involved on a formal basis again this is not
necessarily something we can use to stop a plat or subdivision
from being approved nor do we want to do that but getting those entities involved in a defined place and time within
the subdivision process so they can have input and we don't have to go back and redo plats or reconsider if something goes
sideways with the groundwater conservation district. Have not worked out exactly how that's going to look at that is
something we want to keep front of mind to address water availability issues. Limiting plat requirements for
condominium developers. This is an area with a lot of confusion.
won't say the source of the confusion but there's a lot of
confusion about how exactly condominium development can be regulated. State law chapter 232 and in the property code chapter
82 does allow for regulation of condominium subdivisions. If
they are proposing shared infrastructure, if they are
acting like a subdivision there's nothing within state law that says they can't be regulated like a subdivision not
to say condominium declaration and all those private agreements
are necessarily for the county to regulate but we will be
looking at adding standards so there's some assurance that those shared pieces of infrastructure with fire lanes
and streets retention ponds those have some structure to be
maintained and do not fail over time and rear property owners,
to the county asking for maintenance. Finally number nine strengthening developer participation requirements when
a street needs to be upgraded we went over this last time if you recall the image of the vacant properties in the road and
middle and then all of a sudden they are developed and the road is substandard having a more defined framework and having
developers participate within the process to upgrade those roads that is driven by their development so that the county
is not left having you come in and upgrade the roads from the
general fund standpoint. They want to introduce as we go to
the drafting process this process will take us well into
next year. There are a few amendments we want to consider
for expedited consideration so as we draft the larger set of
regulations we are looking at a standalone order that could be
adopted to address these issues more quickly so we have a few of
those listed here. This is something we would like to get
your feedback on in addition to the list provided. Flag lots as
we mentioned introducing middle calendar facilitating third-party review and creating standard for conservation
subdivision. Not to say we want to do all four of those simultaneously we could look at expediting a few and getting
through the process and expediting a couple others while drafting the subdivision regulation process with
interlocal agreements more at the county led effort with the
consultant team supporting. Want to go to the next slide it real
quick to show the schedule to put that in context. We are here in october with the white dots so the end of the diagnostic
report phase we would be looking at starting drafting in the expedited items starting in november that would take us to
the beginning of the year with a plan to be to have a full draft
somewhere as we switch from winter into spring and potentially through those expedited items may be a month
or two before that and the target date to have complete
draft for public review possibly consider adoption as we get through spring into summer and we would be returning back to
stakeholders to engage in them, reengage them to get feedback and to the general public with a similar effort that we had last
month where we went to four different sites within the county and engage with the general public. With that in
mind if you can go back one slide with that context are there any of these items that stand out as being something we
want to consider starting right away with the drafting of the subdivision regulations? >> I will start the conversation
by saying thank you for doing this. I have always said this I
have a belief government should be small and nimble, lean in
what are you working on how can I help and get out of the way. Development services can probably recite what I said
because I tell him every time he's in my office. I am all for
development 100% , we need more rooftops. I don't hide that
reality. We don't want them on the recharge zone and sensitive
spaces that are going to consume access to reloading water or
where we don't have enough water for them. So we can't
just shotgun the affordable housing concern because that's what we have , this is affordable housing availability
supply and demand. So making these edits so the government is
more noble I love the shot clock stuff because too many governments mess with people trying to make a living. I
don't agree with all the overreach that the state is doing or the feds in many instances, but there are some
spaces where they create policies that reach their everyone and they are micromanaging us. In these
spaces you are touching, we deserve it as local government not hays county , but the broader the statement the
narrower the mind, we are local government we get the brunt of
that energy easily as well. Although we are a pro
development proenvironment because it's not either/or , we are that kind of court. I understand the need for a shot
clock. I know the department work hard, work tirelessly to
get things done in a timely manner. I know the commissioners
are about adding more rooftops to create more affordability by
the availability ratio, but we also have a deep love
appreciation and sensitivity to groundwater, wells , springs,
rivers. So I know this tool is going to help us to be finer granulated with what we are doing in our beloved county
footprint because we love it so much. So the viewing public understands it's not about being more burdensome and
becoming I daresay I think watson is a great guy, oughts
in. We don't want to become austin. We don't want to become
overburdened because people don't realize this also, the more hindrance and burden and points and checkboxes and
creations we set up as a government because we can just because you can doesn't mean you should. The more the
developer, the homebuilder, if you will, has to go through these things and everything is going to be paid for I don't
care if it is a tariff, I don't care if it is a tax, I don't
care if it's another checkbox. Every time somebody providing something to a community is slowed down, made to do more of,
needlessly we will go there with it, it's going to cost somebody
something and that somebody can easily be an extra $100,000 on a
house they could have built for $200,000. That's why I am very keen on and sensitive to how much government we put on people
trying to put rooftops here because sometimes people don't make the connection and I want to thank the president of the
hispanic contractor association that taught me that perspective
because I'm not a homebuilder, I don't know. But I know I represent the blue-collar, the working, the struggling because
that's what the county is made up of. When we are light to the touch and through your assessment and the things you
are presenting we can be more affordable because we will be less burdensome. At this point in time because we credit that
pause anything else to add? >> can we get the list pulled up again from the clerk? I know we have had conversations relative
to this but these are five things I think I brought all
five up in conversations as far as expedited consideration. I will say that in the conversations I have had with
the fire marshal office, transportation and development services the availability for third-party review and submittal
is very important and I would assume there will be an
additional fee for that. Should anyone want to use that , that measure , but I think in the long run for the impact is going
to have on review staff in all three departments it would be
absolutely a positive for us. If we can get that at least, even
if it cannot be an implementation for that specific item, by q1 of next year I think getting it as soon as possible
and trying to educate our folks as far as when that availability would be there would be helpful. I know I pushed and former
commissioner shall pushed very hard on the conservation
subdivision title. I have made some hard commitments trying to
get that done by january 1 of 2026 and I would really really
like to see that done. I know there are already conservation
developments in our county that would qualify for that. I have
looked at the studies they have done and they can tell where they would score on those three that we had. I think the hardest
one of these to do in short order, I think we could probably
address four of the five. I think the inner locals are going to be the hardest thing to do. The 1445 agreements we have with
every city . I have gone back and spoken to the team that
negotiated on behalf of the county and most of the teams that negotiated on behalf of of th individual cities come I
think that is a multi-month or that could take a year on each one of those. I don't know of these five topics come I don't
know if that is doable in short order, but I do think now that
we know we are looking at when we get the draft , being able to
sit down with those individua communities and say this is what we are looking at, we need to use that as the template because
forgive me if I'm wrong and please correct me if I'm wrong
but if we go in and update those and we have changes before we have the final package it's going to be problematic. Because
we may have to readdress some of those agreements so I would
rather take one bite at the apple and have formalizd rules and regulations adopted and in place and then negotiate those
agreements because I completely agree they are far outdated.
they were done in what marcus 2011? 2011 so I really think
they need to be updated at this point but I don't want to do it
, I want to go in with everything we are doing and knowing everything we are doing in the rest of developing rules
and regulations. I do think these are all things I have
encountered in my precinct in the last 30 days. So I know if
I'm doing it I would generally assume the rest of my colleagues are facing the same. >> commissioner hammer.
>> I would say the ila's will be a little bit challenging for
sure. I think his approach of getting the other considerations
done first and then coming in with this is the roadmap we have
is probably the smartest move. I have woodcreek and wimberley so
those are little more challenging in terms of services the county provides so I do want to make sure they know what they
are going into. Conservation subdivisions obviously. I know
my precinct in particular , we are running out of water so they
would like to have more regulations. Even if they are not , even if they are not legal if we can do as much as we can
in our legality perspective to try to push back developments it
would be most beneficial especially for western hayes, water is a big issue for us. I think that the key concepts you
have, you are targeting around water which is probably my number one thing. Also I know I have said this, but next
community outreach or public meeting make sure it's not
during commissioners court. >> absolutely and I would recommend, I know there is benefit to have them during the
day, especially for those who work in that world, but it is
really hard to get true public outreach in the middle of the day. If you have to do those in the middle of the day next time
flip them, if you would and of those that were during the day
in the evening next time in those locations.
>> I would go one step a little more aggressive. Do not have them in the middle of the day. >> I would avoid tuesdays
altogether. >> tuesday and working hours. I
take this seriously and I know the commissioners do. We represent working people, the very few retired who can come in
time of the day or even be here is a gift and privilege and we don't want to overdo it. Everything for community
outreach should be after six. Please and thank you.
commissioner cohen. >> think of the presentation and I agree, my concerns are the same , another topic I did kind
of see is sometimes developers will offer a place of land for a
potential school in the future. Which is great, but if the road
infrastructure does not , is not capable of sustaining the traffic that a school brings, I always want developers to look
at that, we did something recently with a school where we negotiated that we were able to widen the stretch of road by the
school because we know what the school is going to bring. And so
you know definitely as we start to grow more on the east side
and potentially more schools start to come, that is considered . We working on road infrastructure plan but it is
still going to take a while and these schools get built like that so I want to be conscious of that because that will be a
big ask, I know, from me. If it is in my precinct. Many centers
and trails and pop-up parks are nice I really need more road
improvements. Well done, thank you so much for the information.
>> I would also add when we are working with schools and I
don't know if we can do, within a regulation even if we can put
recommended or requested , when we look at schools in school
districts I know over the last five years the bonds that have
passed, we have looked at additional cueing in the properties for those schools. If we can require I know we can't
require but if we can request for school certain population we
know how many cars it takes to the surface the schools given
the number of students. Asking for school sites and talking to
isd's about having minimum sizes specific and I know in dripping isd and hayes consolidated we have done some
of this. I cannot speak to san marcus or wimberley but that has
been a major concern. >> dripping elementary especially. >> dripping elementary, walnut
springs. Purposely built those . >> commissioner ingalsbe, award
winner. >> thank you, judge. First let
me say I fully support moving forward with what did you call it? The expedited items and I agree with my colleagues. I
believe that most are fairly simple to implement, but I think
they'll have a great and positive benefit and impact. So
I was really happy to see that we want to strengthen developer
participation involvements for in construction. I agree with
commissioner cohen we see a lot of development happening in their building on substandard roads and we have to have that
participation from them. So yes I look forward to that and I
want to mention I hold orderly meetings with the city's along
with development services in transportation. We also have
hayes see isd and txdot and they're very beneficial because
we talk about the development of schools and other developments
coming in. So I find that very beneficial and they understand
the importance of partnering with developers and others to
address real issues we have. Thank you. >> perfect . I would ask that please keep in mind a lot of
these people have no clue, they want to build a neighborhood, it
used to be a dream of mine to build tiny homes for communities
because I know what it's like to be broke, I know what it's like to struggle to pay the light bill. I thought if I had
such a small house I did not to put so much air conditioning or
landscape, I did not have so much overhead just to live. So I
relate to that that perspective. So people that are often trying to build something for our community have no clue,
groundwater what is that? Forgive them for they know not
what they do they don't realize. So I would ask one tiny
little thread to be included in what you are doing and an
overlay map we can talk about, I've been telling this to commissioner shall since I first got into office. I would love a
overlay map that says this area, we would love for you to build in. This area is a little more sensitive. This area, good luck,
you will get pitchforks. This area we will even incentivize.
that would be so helpful and it would take a lot of the abuse
that the development community gets and that residents get when we better communicate we have a clear understanding. It would
not be hard to do. Create the map as a automatic economic
development tool, as automatic you develop and it everybody, a
rubber stamp map where everybody says hey guys you want to build where? I don't think so. You're not going to tear down the
vatican for example. Never going to happen but they want a hotel around the corner sure. Let's do it. Everything has different
thresholds and sensitivities and the more we informed the outside investors I'm grateful they want to invest that broadens the
tax base and everything else. The easier it will be for everyone in the community. So I would really encourage you to
highlight and underline that request. Anything else? How
quickly can you wrap it up? >> I'm essentially done with no action requested today. Next to step would be outline and draft
regulations to see if there were any other items for discussion.
really appreciate your feedback. >> this is all recorded. If someone did not write it down. You can rewind this and it is recorded forever. Parting
thoughts? >> yes, thank you. Director of development services. I want to reiterate a couple things. We
will be publishing the finalized version of the diagnostic and all presentation materials on the county website for the
public. We also have a dedicated page for the rewrite process. I
encourage the public and citizens or anyone else wanting
to pay attention to this matter to visit the site. You will find
all information and resources. Opportunity to provide input and
feedback throughout the duration of the project. >> perfect, thank you very much we appreciate your time, the
work and presentation. Please open f6. >> visitation by hdr architecture regarding the
government center master plan followed by discussion and possible action. >> thank you judge becerra and
commissioners we appreciate the opportunity to present to you today the work we have been doing over the last year working
with the department and the committee for the government
center. This was updating a study done previously from
apartments that have expense growth, changes in leadership and those kinds of things since we did the last master plan.
also to look at opportunities that might be there if the county were to develop the government center as judicial
only campus to focus on the courts .
>> that is a good-looking picture. >> the high points today are the program summary with the phasing
plans we will present and the cost estimate. No action is
going to be requested or needed today. We will take any comments the court presents and submit final report to the county for
consideration on any future plans. This is just an overall
summary of all the departments in the government center. What I
would kinda point out is if you look down, you have to kind of
squint. I think you have a copy but the departments with zeros
moving forward in the two years, 10 years periods those are
apartments that would move out. What we have also looked at is
at the bottom there is a parking need. We have taken the staff
and visitor functional requirements of these departments and projected what parking would be needed for this
campus. And jamie will show you kind of how this lays out. I
will say when the plans are presented these are just allocations of space, not floorplans, specific functional
needs would be addressed in the future as the county moves into
the specific design. Go to the next slide.
>> the slide here is showing the year 1 to 2 plan phase 1. So it
is a colorized plan and the legend you can see are all the
departments that will either grow into adjacent available space at this time or move within the building so the three
departments shown blocked in redwood relocating the building, the most notable is moving justice of the peace to level
one what is currently used as a conference center and purchasing
department area. Something else key to this phase is the da being able to move into available space. Made available
from departments moving out of the government center that are not judicial departments. So, year 10, this is when the
expansion to the building is proposed to occur. So with this
expansion we have three levels, shell level three, four
additional courtrooms able to be added at this time and county clerk to move to the new permanent location on level one.
when they move that makes level two current space available for
other departments to move into as needed. Looking ahead at the
year 20, phase 3 , you can see here the space on level three
filling out four additional courtrooms and the previous county clerk space being able to provide long-term ample space
for the constable department indigent defense and drug
testing office for judicial services.
this is a concept site plan where you can see massing for the building extension and proposed parking garage that
would serve all of the additional parking needs brought
on from expansion and growth to the building as well as a surfaced parking lot proposed at the one to your face that would
help relieve current parking needs we have had discussions
about parking, we understand it can be a real challenge so that
is sort of key to what we are seeing here. >> while on that scene I want to speak and I know it's
documented because you guys did a great job capturing what each chod members vision was and how we can support our elected
officials. I am always thinking I'm just the workers, elected official and department heads are the real know it all's so
tell me what you need so I can help you. So my hope is and I'm glad for this shot. My hope is we don't expand outside of what
you show because it is a flood prone space from the beginning
when we started turning dirt I was against the idea public
safety being there. We did it found a way around it, elevated
three feet worth of dirt for the footprint. A lot of extra work goes into that solution. We have a lot of other spaces that would
if it greatly so I will publicly say no my hope is we do not expand in this space further with what the image shows and my
additional hope is the day comes where we take the office of
emergency services and other emergency communications taking place out of that footprint specifically because of
proximity to other emergency spaces and the train tracks and
everything else. So my hope is that you guys put this in the
far back shelf that yes the office of emergency services and
the communication piece should be removed for public safety and
strategic reasons that I can go into detail later and out of the
area. I know mike jones emergency services director agrees. I hoped commissioner ingalsbe and commissioner cohen
had space in the east campus project which is an amazing project but when I heard the footprint available I was like
that's not going to work. It's a great location but not the right dedication of space. I still remain committed to the
relocation of those spaces because our community deserves
layered safety that we are currently not maximizing. I
wanted to capture that moment with that picture.
>> so as identified here this is the three-phase plan, there are
things that need to be addressed in the next 1 to 2 years. And
then the tenure planned is the anticipated time additional courtrooms will come on board and 20 year is the ongoing
grwth of those departments. The initial plan , we divided the
building and facility construction separated from the
parking improvements in the initial phase a little over $2
million for the renovation primarily extending the sally port with some interior renovation. The surface parking
lot is about $1 million so the total phase is about almost $3.1
million. The 10 year phase , the biggest component is the parking
garage and how to implement that. The actual court expansion
and the additional interior renovation for the department
expansion is a little shy of $32 million . The parking garage the
full buildout is if you do it at the tenure phase it's 49
million. We did present at the county wanted to break it out
and move it up with a cost savings avoiding cost escalation it would be about $5 million less expensive from what we
estimate if you can move it up to the five-year window. That is
a strategic decision based on the needs . The 20 year primarily a finish of interior space is not adding to the
footprint is seen as $12.5 million project. We are
projecting way out into the future on these so this is the
best we can do on escalation. So I think that's pretty much it.
I can answer any questions. >> judge I would say can go back
one slide? The one two-year plan I am hoping and I think we have
may be identified that as a project about $3 million years
one and two so at some point we will be discussing that but I
think that will have great benefit as we start moving administrative staff out of the government center and also judge
I appreciate the comments you made about public safety and
that department. We continue to search and apply for grants to
address the drainage issue we have in that area. I will also
say the carson's have been participating and very generous.
during discussions that commissioner shall and I had with them they were willing to give a big portion of the empty
space in front of our parking to address the drainage issue. So
we will continue to work with them and others to see if we
can't address that in a big way it is a big project. We will
continue to search for money and availability to address. >> thank you, commissioner cohen.
>> thank you for the presentation. Concerns about the
floodplain , that' always a concern and I understand the
judge's concern in that regard. As it starts moving forward we
make sure we are thinking about that. So there is an underground
level to level one with those coming to court?
>> where we bring? It is not. There is no under.
>> okay so that space is also being looked at?
>> it was. >> that was part of why the jp
removal was in the county court law because of access. >> okay gotcha. >> what commissioner ingalsbe
mentioned. We want to start working on these improvements,
we understand the need. Security concerns we have, we all need to
address those things, thank you so much. >> thank you, commissioner hammer.
>> there is concerns and we are working on it working with getting proper contact after contact from heb has since left.
looking at potentially working with them for land for flood
mitigation efforts and I know one of the solutions was raising
the road by the public safety building three feet and that is
going to be very expensive so we are looking at working with them to continue efforts but I agree with a $3 million one year one
and two it is really important to all staff from hays county
and tammy to make sure judicial only in the government center
and I know she will want to touch on a couple of things as well or not. >> commissioner smith.
>> this is the first time I have been able to look at the overall
plan. I think it is good. I have one question. If we look at the
phase 2 tenure and I don't know if we can see that or not. One
of the things we struggle with I think it is , let me see, the
fifth page , the fifth slide. So if we look at that one of the
things we struggle with we are doing now we don't know as great as we can be at estimating square footage we need and
trying to find space to move employees whenever we have
creation of new departments or expansion of departments we are constantly in need of flex space and we don't have it. As we
look at the tenure plan I understand building out the
shelf space but I would love to see an estimate for us to have until we need that as a judicial area to have that be flex space
for the needs we have, right now the additional office space to
accommodate this move. If we had another building sitting out it would not be a problem but if we don't need that until year 20
that would give us 10 years with the space we could use instead of it being a shell and I would assume there would be some
innovation cost to convert those into courtrooms should we need
them then but we could do those as we saw individual courtrooms
needed we could do those individual courtrooms perhaps. It might cost more, but I do think that is a need we could
address especially if we have 20,000 square foot of flex space
unneeded. >> great contribution.
>> what would you use the flex space for? >> for example a couple years ago we were looking at finding
the location specifically for development services but if we move development services if we move development services out of
yerington while trying to find or build a new facility we need someplace for them. Right now we are looking at building the
eastside campus. We have to have someplace for all offices when
they move out of the government center temporarily until the
eastside campus is constructed having a certain amount of space and I don't know if this is viable or not I think it would
be helpful to have that whenever we move elections over to the
new building having space to help facilitate that would have
been helpful. >> anything tammy wants to
contribute? >> I hear you and we have a need
for flex space in judicial only it would be tough to have those
. >> good but not there. Anything else? >> that is it.
>> thank you very much we are grateful for your presentation and the work is meaningful. >> I would like to thank the
team for patience with us and the changing aspects of our needs. Thank you very much. >> you know what it's like to
work with the fastest growing county in the nation for many years now the fastest growing region. Thank you guys for being
so professional. Please open f7. >> f7, presentation by regarding
the capital improvement program followed by discussion and possible action confirming capital priority improvement
projects. >> please state your name and title for the viewing public. >> judge we have to open ?
>> if you want to take action I don't know. I don't think
there's action just a presentation. Are you asking for action? >> that's up to the court.
>> so moved. >> we have a second. Now we can
take action. >> okay. >> good morning commissioners and judge thank you for letting
me speak today my name is
update on the cip for you all today.
>> for clarification capital improvement plan. >> yes sir that was going to be my first bullet on here so you
jumped ahead of me a little bit. For the general public and an
update for the board members the cip is a capital improvement
plan or program for the county focused on creating
comprehensive and organized plan that addresses current future needs maximizes efficiency and improving the county citizens.
so immediate needs five years 10 years 15 year effort kind of
putting together that long-term blueprint or guideline for the
county, just kind of trying to summarize that.
>> generally this is done by school districts, counties, by
cities , regularly to organize their efforts. Actually as part
of the presentation for the court members and for the county
staff I do have some handouts. Want me to give those to you?
okay, so with that handout there is a summary table and also a
project list we will get into. The summary table is showing
chronologically how we got to where we are at today with a
quick highlight. We started in march with the data gathering process step one. I want to mention we did walk and visit 23
site and facility sites and facilities to do inspection of
those facilities . We conducted 26 staff interviews. And we
attended multiple hays county public events to get input and
to encourage the general public to submit surveys into the
feedback to the capital improvement plan and we did
receive results back with 131 members of the general public and 190 staff members, those were very successful numbers to
get that feedback from the public and from the individual employees with hays county. Mentioned these we went through
several meet and greets for the county administration precincts
one, two and four. Actually kind of piggybacking of the
introduction the wonderful new county administrator. We
attended a health department back to school event where again we set up a booth and had public feedback and also a farmers
market meeting in dripping springs. So we return to get the
general public involvement and that was a huge success. We
analyzed and crunched the data and we also did have some county
workshops, workshop number one for the initial effort on august
18 and then we had a scenario development building the next
steps of the project list we broke that workshop up into two
parts on october 8 and october 16 and then all the efforts are
complete still working on the refinement of the final scenario
and cost estimates. That is through now through early 2026.
documentation is ongoing, we are currently building for the final
product with final deliverable for the cip building information
and data. The final documentation would be back and
forth review with individual court members and the county judge along with our executive committee staff for the cip. And
the final deliverable we will do in court , for the public and
for the benefit of hays county staff and the commissioners
court. The next thing you have in your handout is a project
list, that's organized by high priority projects, mid-level
priority and low priority projects. I did want to go
through this and definitely get some gray matter thought going
and then ask commissioners if they have feedback and thoughts and anything for the record on the priority list and this is a
ongoing list by the way and I want to point out even to show
ongoing efforts of the list and involvement the totals are off but I apologize this is the range for the first section at
236 million to 264 million. The total list including the grand
total including projects down lower on the list are 314 million to 352 million. These are not today or tomorrow
projects, not projects in fiscal year 2026 but a vast majority of
this work is long-term and again we have a priority going shown
on here and going through 15 years or more. Priorities
change.
the top priority projects identified obviously moving
further along the eastside campus building on the east side of kyle. This construction three-story project we've been
working with tammy and candace on the county tracking this even
though it's not something we directly involve just to track
the total cost for the cip efforts. This is a $62 million
cost for that facility. You can see the timeline construction
start estimates that type of thing so this will continue to work through as that comes along and involves. The ped resource
center near and dear to our heart we presented in may the
county moving forward with that effort as they were kind of
expecting in may partnering with the city of kyle that one is
tracking $15 million project mostly as a partnership with the city. The government center we heard a little bit about that.
there is kind of a mention of those being one three-year or
short-term project also the longer-term as we all heard because there are multiple parts and phases to that facility. So
short-term we are talking more in the 2 million range,
longer-term $18-$20 million. We did break out the parking garage
from that because the parties might be different from the county and it is worth mentioning it's worth tracking
is a separate project even though it is on the same campus and it is associated but it can be independent of the timing of
the other government center. The judicial offices, there will be
a need for you know both the government center the remodel
also the department that eventually move out to make the government center a judicial only facility and those offices
need to state those will eventually need to be addressed
in that a high medium range as far as priorities are concerned. Again all related to government center. Precinct 4 office
building is something we have been working on with the county and with staff that is a high priority project. Something that
is moving ahead and could potentially have a lot of cost
savings involved. Through various methods of financing the
project and then it would not necessarily be a new
construction project because there is a decent size that is remodel or reconstruction for an existing facility. Precinct 5 is
one that has not been as much on the county radar and I do want to mention. Precinct 5 substation in the pewter area.
kind of one of those that seems like it does not come up in
conversation a bunch in the county, but looking at the
facility having a tour interviewing staff it is a high-priority facility. And landlocked it would need to be
new construction facility. Parking needs are there as much as anything else. Moving into some others. I want to mention I
won't give us much detail that was the high priority projects that we have identified up to this point.
>> for the viewing public you know I love you guys but we have
a ton to cover so if we can find a clean summary. For the viewing
public restate by name the high priority projects so that people
can follow along that are watching. >> the high priority projects are the east side kyle campus
the ped resource center the partnership with the city of
kyle, the government center both remodel the judicial need and
the county seat offices that eventually need to move out.
precinct 4 building and precinct 5 and then kind of related is
the bottom end, the asterisk is the ped resource substation.
>> on that the ped resource center has been, for years, the
main focus and goal which encompasses services that people
have grown to expect and hope we do as we move forward so on the
last item with your asterisk I want to share with the viewing public that although this kyle dialogue although not finished ,
still in the works is not encompassing the spirit
necessarily of the resource center, it is one of the cogs of
the wheel to a compass the same end result. It is not
specifically and by definition a copy and paste of the resource center interest it is only part of it. I don't use the word
negatively but it will be piecemeal to and that's the best way to describe because we do need dripping springs
footprint, we do need pause, we need fill in the blank. We need
everyone and every footprint at every turn so although you keep
the name for continuity of thoughts ped resource center
with the name kyle is not exactly the roadmap but it is
still a key piece of it. Am I good with that ? Trying to be
accurate as people are listening. How else can you
summarize? >> I would love to add and say I think you are spot on in your comments, they are very
appropriate, but also geographically. The kyle campus can only serve that portion of the county and to get full
coverage of dripping springs, wimberly, san marcos. The other
areas that graphically in the county like you said the cogs of
the wheel is one element and this is some of the other
elements that check the box for the county as a whole. >> the only other thing I would add is we are actively working
to address the rest of the county where services won't be
provided in the kyle area which is a big geographical area
anyway. And it will serve 80% of the animals that they are taking in so they have other options for the 20% and we are actively
working on it. >> that's why I was saying it is not a completed transaction it is a work in progress and
relationship with the city of kyle. You want to add anything? >> yes, two items. I just want to say the two items I want to
talk about her precinct 4 and five substation. Precinct 4 one of the attributes of the property we do the due diligence
on their and I want to address what you have said and I have
had conversations with staff there's enough physical property where we would be able to possibly do that at least the
facility for the west side on the property without having to purchase additional land. Building that into the concept
would be great. It is centrally located with plenty of property.
>> I'm glad you said that before you go to the next point. I fully support the idea because when we don't agree people know
and I want you to know I'm telling everyone that is peddled the idea of fully support that 100% and to double down even
further I don't want to sell that property because we need it
all. >> here is what I would say. It is a good central location and for the funding mechanism we are
using that we are looking to use the county would receive 100% of
the cost of that back to us but we have always had a town center concept as part of dripping springs which we are part of.
matter-of-fact in 2020 with parks and open space we dedicated funds from the park to have a joint facility a true
town center with a square at least acre green clock town of
those kinds of things. So I agree we need to keep as much as
we can. I also want to step up and help other individual
governmental entities such as dripping springs, emergency services that want to provide more coverage. Those entities I
want to look at, the other thing I want to talk about and make
mention of it is currently I know precinct 5 substation has
been a priority in speaking with mrs. Bryant and constable the
footprint and I'm glad you said this it is truly landlocked. It
is simply hosting they don't have enough parking to do jury
trials at certain points they cannot get enough people in the building and we don't have enough property there , we
cannot make any more parking. >> my suggestion was to move it.
>> to that point I am in negotiations with a developer who is putting in a facility near that on that side of kyle
within my precinct which is precinct 4 but within the
footprint of precinct 5 there's property that we had originally set aside for the school district and the district told
them they don't want it that they don't envision putting a campus there so they have been gracious enough to talk to us
through participation to actually try to help identify a
location for donation to the county for the facility. >> I want to add did you say tirz tax increment reinvestment
zone and he said precinct 5. So there are four commissioner
precincts and I want to articulate that for one second.
these are things you must understand to follow along otherwise you get lost and why are you here? Four precincts
equal population approximately four quadrants each commissioner
represents 25% of the population however we created an overlay of
five constable precincts so when he said precinct 4 and five, I
don't have my own my precinct is the whole county I'm the
countywide presentation for each represent 25% of the population the precinct 5 justice of the peace and constable that has
been added is specifically to cover services and needs we need
to the judicial and law enforcement lens. Thank you for
pointing that out but I wanted to articulate that for people going precinct 5? Anything else you want to summarize with?
>> I will rattle off in the spirit of time , I will list off
other projects briefly. Medium and low priority. I did briefly
mention the parking garage and government center 5 to 8 years
time frame historic courthouse is low to medium in a 5 to 8
year time frame. >> wait wait wait doing what to do? >> the courthouse? A complete
historic renovation. >> a touchup a facelift. Okay.
>> fix some of the cracks in the buildings. >> I have big cracks in my office but that's okay.
>> keep it here another 100 years. >> yes exactly. The sheriff's office mental health bed
facility diversion center . Transformation development
services office expansion. These are low 5 to 8 year or longer
projects. Medical examiner's office. And then going down the
list a little bit further , the hays county I'm sorry, the the
sorry the jail expansion these are part of the jail master
plan. >> this is really fine print. I
hope you never bring six point font back to court. >> I hope I helped everybody doing 11 by 17. The jail
expansion is part of a separate master plan for the jail. And
then future and long-term. Some of the needs is juvenile justice
facility needs a little bit of help. Office of emergency
management judge you did mention earlier. I think there might be
other options for that even on precinct 4 footprint. Maybe for
storage maybe not for the main office , but some other needs.
the last one on the list is facilities and resource
management office for currently mixed in with the health
department. This is a need within the county in the medium range for tammy's apartment, for warehouse and office space.
>> one other thing that we mentioned in here but we don't have a cost estimate and I think we're way too early in the
process to talk about that. We mentioned moving at a precinct
at a precinct 4 into the new facility, we mentioned it would become law enforcement for the sheriff's department but we
don't talk or I don't know there has been evaluation because I would love to get an extension or more importantly a
driver's license office , whatever happens there would
have to be some renovation. Is very disjointed with all the
bulletproof glass for the individual offices. So that's
not an immediate need but long-range we need to keep that
in mind. >> that's right the rehabbing, commissioner hammer any comments?
>> from financial sustainability we keep saying tirz will fund,
how long would that take for it to get back our money from 100%?
>> currently in that specific tirz the finance , it could
start paying debt back to us within three years. Is when the
debt starts being repaid. Now again we look to co the projects
we would do the initial co than a life of the tirz is 25 years
so we would amortize over 25 years and now the budget
estimate for projects outside of the city footprint that would
fall in the county footprint the income from that that's estimated from the outside consulting is in the
neighborhood of $36 million. So those could be used on projects
which we identify as county priorities and right now we're
looking at 20 million or less so that would be the additional. >> growth paying for growth anything else? Anything else?
>> precinct 5 building that is more high to me because the
growth in the area , that office will probably have to have
another justice of the peace because of where the boundary
it, it goes across the northern part, the northeast part of hays
county with the development coming the numbers are going up.
whether that is new construction or finding an existing building we could utilize within the precinct I would love for us to
take a look at that because that is going to be a dire need for precinct 5. That is not a parking lot that is a slab of
asphalt with crooked lines on it and it is not sustainable to the
work that needs to be done in that office. Hopefully we can
prioritize that. >> I hope for clarification, I
hope to have a property the physical property identified and
some donation agreement within 30 to 60 days. >> okay. >> commissioner ingalsbe.
>> I wanted to mention, thank you for the update and just
mention the transportation and development services land we are
scheduled to gain 5.3 acres . We are working with our last
property owner for the fm 110 project and so with that , he
has graciously donated 5.3 acres of land to us again that is
above the 10 acres that he donated several years ago.
>> wonderful commissioner and that is your work, james thanks 1 million for your work and I wanted to give our county
administrator opportunity to speak on this item. >> thank you judge. At the staff level thank you for giving us
the updated priorities. We wanted to discuss the financial
implications of planning those priorities. Later in the agenda
we have the reimbursement resolution and I will turn it over to walk through that with you all and she has a handout.
>> good morning vicki dorsett hays county budget officer. I am
also a member of the cip executive committee. I have been
meeting with the team with james and denise to flesh out the numbers for these priority projects as well as future
projects so I've created a recap . James provided detailed information. I have taken that information along with some of
the cash flow and estimate agreements we have in place and created a brief recap so we could start dissecting those
higher priority projects and also do some long-term financial
planning for future projects. The top section of the recap
identifies some priority projects that james went over
with you. As you know and as mentioned we have reimbursement
resolution later on. The reimbursement resolution is just to identify capital projects and we will potentially start
spending some funding on prior to issuing debt that we
anticipate issuing in 25 six. We did budget issue $100 million to
address vertical infrastructure needs in the county. The timeline for that is bringing the notice of intent to court on
november 18. Identifying those priority projects that we will
be addressing with $100 million with anticipation of issuing
late january. So with the 100 million we can address those top
three priority projects we already have agreements with other partners on which is the eastside campus, the pet
resource center and precinct for land and building acquisition.
those projects right now with cash flow that we have total 91.6 million. The alternative funding options we have for the
eastside campus we're still working with the city on that
mou to try to get the land use built in over a four-year period
so we can pay that out through operations other than using our
debt for the fee. Additionally the government center we have
the anterior parking needs which is just under 1.4 in the sally
port under 1.7. So those two projects I listed separately
simply due to the immediate need for the interior and surface
parking. The sally port I believe tammy has identified should be addressed within the three-year period however, it
could be addressed later in a future budget cycle. Could potentially use some of our general fund this year to start
these projects and we also have some simple court holding funds available to participate in the funding. I have separated those
out for potential other funding options that we won't have to
utilize. The remaining three projects are projects that I use
the broad estimates , we don't have cash flow or agreements we
just know there's a need to model the precinct 4 building when we do acquire that if that does go through and also the
need for the precinct 5 building potential new construction. The
tax and treasurer office we don't have anything potential ,
currently the county is looking but there is a need and most
likely the need would be in the one three-year time period so it
is something we need to address. Obviously the priority projects are little over from 100 million that we have issued so we need
to start preparing to cover these plan for additional debt
future years outside of the three-year timeline. The remaining projects I have recapped are 3 to 5 year
projects, 5 to 8 year projects and future projects. That is
just for your information so we can keep an eye on what it looks
like for future planning, future tax rate debt capacity and to
prioritize what the needs are. >> okay. At the bottom of the
list civic center and commissioner ingalsbe and my heart is a higher I already. It does not equate to the way the
papers print just anyone who can see it will know it's a bigger
priority than bottom of the list. >> correct. Due to some potential funding and
partnerships it has not been included in the cash flow need
at this point. As well as the sheriff's office mental health
. >> commissioners questions or comments on this? >> beautifully done I can
imagine retiring and coming back and doing such a fantastic job like you have done but this is laid out perfectly. Thank you
very much. >> commissioner smith anything? >> it was done very well. Again as we look at some of these I
want to ensure we have, as we start to develop the timeline on some of these and we get steps in the process what I would love
to see and I don't know if this is with tammy or candace or how
I know wherever it falls they are working directly with you.
whenever we look at transportation and other projects I love knowing what is going to cost what, what my
delivery date is, a true project management option for us. As we
start to do this I know the last thing we need is another consultant, but there is good software packages and good
consultants that could give us something that has a dashboard
that allows us to look at that so we can have real timelines and I like a higher level of expectation when it comes to
project delivery. These projects are so large and it is so much
of taxpayer money that I want to ensure we are not, the longer we have the money and we're paying debt on it , it bothers me. As
we do tranches or look at these things I want to do them in the right way so being able to manage that in a more efficient
way than we have done in the past would be more helpful.
>> commissioner cohen, commissioner ingalsbe? Thank you
so much as always you are our babe ruth out of the ballpark.
here is what we are doing next see you can keep an eye on things. Go j 2, 20, 12, 4, 1 and 10 minute recess. And then j 15
absolutely. See how this works? In that order. Let's begin j 2.
discussion and possible action regarding contracts and invoices related to the canceled request for qualifications rfq 2025-q01 professional services pool. >> so moved.
>> second. >> what we have is a couple items that are going to need additional discussion because we
have to be clear with what's going n so people can follow. Thank you guys. It is always the goal of this court for me for
example the chair of the court to have people follow along
that's why I don't have people speak in acronyms without clarifying. There will be extra talk about the next few items
and that is because people don't know what's going on. >> so, this item because after the cancellation of the rfq
request for qualification 2025 , the professional services pool there was a question which I talked a little bit about direct
action plans and how to move forward with the contracts and invoices that were awarded under that proposal. Or the
solicitation. A little background on how invoices are approved in county government. We have a check and balance
where the county auditor reviews and audits for approval, presents to commissioners court for approval and then it is
presented to the treasurer for her disbursement. So long the
lines local government code is clear the county auditor may not audit or prove a claim and thus the claim was not procured as
provided by law including procurement law. When the issues
arose with request for qualification I had a concern as
to how to proceed and move forward with the invoices and contracts. I know had a discussion with the treasurer as
well and so for my statutory requirement, I needed someone to
review the procurement that occurred in the contract so I
did request the civil division and the district attorney's office . To look at eight contracts and give me a legal
opinion as to how I could proceed as the first check and
balance. I did receive a legal opinion yesterday evening and
there were eight contracts. I want to make note the eight vendors none of them were the company that identified the
conflict. Most of them, except for one had already been
selected on projects with the county. Four of them had been
selected under our old pool prior to the solicitation being
completed, but because the contract was rewarded after the
pool that was canceled the agenda item referenced the new
pool that was then later canceled. After receiving the opinion which identified that these contracts were procured
under government code 2254 which if you go back and look, the
selection of the firm is the qualification. So I received the
opinion saying the eight contracts were valid for payment. And so at this point because I received this opinion
and these vendors entered into contract with the county under
good faith and performed work and I have four invoices I need to pay I am prepared to move forward and present those two
commissioners court for payment however I am just the first level of the check and balance. Now there is the commissioners
court and the treasurer. This agenda item was written and I
did not have the opinion yet, but I don't want to wait on invoices so any action to be taken by the court for their
check and balance or the treasurer by the check and
balance I did not want to wait until november 18. Now that I have this opinion I am prepared to move forward with these, of
those contracts two were canceled because they had to do
with the road bond rulings so they were canceled and reissued so it's really six active contracts that we have.
>> checks and balances thank you for that. Our county auditor
just spoke. Commissioners court , we are another checks and
balance and as the county auditor just stated, the final
piece is presented to the treasurer for payment. Treasurer what say you? >>
treasurer. Anytime you get a phone call from the auditor you pick it up and you go this can't be good right? So that
was exactly what I was presented with. The information provided to me did stipulate there were some probable issues with this
particular procurement and specifically these invoices.
originally we talked about looking for an outside attorney
opinion to verify that was going to be the case. I am , I believe
these contractors have done the work. On good faith and they
need to be paid. However, I would still like to have an
outside opinion. This is where checks and balances work. This
is the good thing about government. I am comfortable going ahead and releasing those disbursements with a statement
from the commissioners court releasing me from any legal
obligations if the outside opinion comes differently from our internal opinion that's where I stand.
>> that is a very good point. Got to walk people through all
things we do. What people don't understand is this release can you talk about your bond? We all get bonded to the work we're
doing can you speak on that? >> as the hays county treasurer
I am bonded by half million dollar bond, that bond is secured by my personal home. If something does occur that is not
legal I have that possibility of losing my home. That is why I am
extremely cautious when we look at any type of expenditures over a certain amount and that is why I am asking because we having a
checks and balance issue, the auditor did specifically stated she wanted to have an outside opinion, she has the right to
change her mind, I have the right to continue to ask for
that outside opinion. You will have the right to say no but in
the event that is the case, if in fact you want disbursements done I am of the opinion that the work has been done in good
faith but I am asking for coverage. From the commissioners court in the event outside opinion does come back stating
differently. >> understand this decision is
important because as you stated your house, literally your home is at stake. So her request , her request is that , how do we
thread the needle ? >> jordan powell civil first
assistant. I want to make sure I am understanding you judge.
thread the needle as far as the court discussing whetheror not they want an outside legal opinion?
>> specifically as to green lighting the payment from the
vendors , that was worked on for the county in good faith , part
of anything going on under investigation and making sure
that when she says I'm okay to pay , we approve the payment and the treasurer pays and it does not come back if outside opinion
says you shouldn't have and someone comes after her house for it. >> I would say generally
speaking any claim that's made against a county office or the
county itself, the county defends them in that regard.
obviously there are exceptions but I don't think those apply
here. Our legal opinion would be contracts were valid to pay them and that opinion would apply to both the auditor and treasurer
and the commissioners court. If there was disagreement or future
contention , then we would work on defending the county. Whether
it is countywide. >> I appreciate that because
that is literally the job of the das office, to defend the courts
and elected official movements in representing the government. I know you will defend it because that's your job, but I
have to ask you , have to ask it. If you're not victorious in
your defense does that mean that our treasurer would jeopardize her house? Or is that no way no how not going to happen?
>> trying to stay on topic I would say generally speaking I
never been part of a situation where a bond has been collected
and the elected official has lost that.
>> so you are not sure? >> I have not seen it happen. >> okay. We will start on the site any questions or comments?
>> maybe you asked it let me make sure I am understanding .
the treasurer has asked that we release her from legal
litigation. Not sure if I'm saying it correctly if outside
opinion comes back with finding. Can we add that to the motion?
>> I don't know we can legally do that. Begin our analysis was
based on contracts and invoices related to these eight contracts
and invoices we did not perform analysis on bond legalities what
we can and cannot do with those that was not analyzed. >> sticky situation. >> first time I heard the
question was this morning so I apologize. >> okay. >> I want to protect the elected
officials and pay the people doing the work. We are in a corner and we have to defend the people who did the work that
deserve to be paid and we have to defend. >> if I might add. I understand this is a very sticky situation
but you have to understand my perspective. My perspective is the protection of my family and because this is a very
interesting conundrum we are in with this particular item I want
to make sure that am doing my due diligence for my family.
that's all I am asking. >> very good and I'm here to support that effort. Commissioner ingalsbe.
>> I want to support that also. The auditor she brought it to
the attention and wants the court to make a decision. I mean
jordan I guess you are saying in your opinion you feel the protection is there for them? >> protection in relation to the
contracts and payments? Yes. The contracts were legally valid and
they should be paid. >> and they have that
protection. I guess we can continue.
>> we will continue one at a time. >> I am recusing myself. >> thank you, commissioner
hammer. >> jordan I'm sorry to put you
in this situation again. I want to make sure. I'm not going to
risk someone losing their house, but I also, is there any way
that's even possible? >> again our analysis was on the
contract and payment not in regards to the bond. They will
say our legal opinion is the contracts are valid, they should be paid and as I mentioned is there some claim in the future
as a county we would work with the county to defend the county.
and if we need to do for their analysis on the bond we can do
that, that was not part of this analysis like I said the first I
heard of that was this morning but legal advice is the contracts are valid and they should be paid. >> is there a way we can make a motion to get those paid and
then come with, do a little more research and analysis and come back with a better motion or better agenda item to explain
the situation and the process? >> I guess to make sure I am
clear. Our legal opinion which I have stated we are confident in
that. If the court wants a separate opinion or something
different that is the court 's prerogative.
>> legal opinion will not change given more time to analyze the
situation? >> this specific situation, no. >> thank you, great question. Commissioner smith.
>> you know the county pays, I know we budget every year for
the bonds for all elected officials. And then there is
also protection under state law for each of us as we act on
behalf of the county and there are specific limitations on that
and your bond should cover up to the limitation even up to the
state limitation even if there was a claim on it which I sincerely doubt there would ever be a claim on this. Again, the
concern that I have is these are valid contracts that they have already done the work and they were awarded in the correct way.
unfortunately, because of the doing away with of this pool I
guess my question is what is the total dollar amount we're talking about for the six contracts outstanding?
you don't have to give me exact. >> the largest one was for utility and design. Which is
666,000. >> 666,000. First one blows her
out of the water. >> utility coronation 137,000.
and we have a smaller one that 16,900. And then the one from
new company $73,303. >> hovering around $1 million.
>> my point is there is a specific level of liability that
we cap out at as . That is where the bond as well. Even if there
was a claim. I want to clarify I don't believe you would
jeopardize your home or anything because our bond, your bond should cap. >> let me explain. >> keep talking. >> I want to give you some, I
want to give you, I want to heart and you a little bit.
>> at the same time he is not an attorney. >> I'm not an attorney. I am trying to look at the math. The
concern that I have is at least on a couple of these I know we
had to get the work done in order to meet deadlines for
txdot. When we had txdot in here this morning, I am speaking to a
group tomorrow on the partnership we have with txdot. I don't want to jeopardize that or any ongoing projects. If
there is a motion that , that jordan can draft where we are
comfortable with I did not sponsor this item but I'm happy to move forward trying to get these done in the right way but
I do think if we delay and wait until the next court , these are
people not getting paid and I don't know how familiar you are
with this industry but many are laying people off I know two
firms doing layoff rounds this week >> let me go first. Commissioner smith I believe in the things
you have said that's twice barely on the first agenda item.
I believe everything you said about getting people paid they
do the work and they reached into this county in good faith
not knowing other things would take place outside of their control. I believe wholeheartedly paying them in a
timely manner and my hope is we do that today in the motion so
that a foreshadowing I do not have intention on the link in my
intent is protecting the treasurer soak into jordan you can save saying it several times. My question to you, is
there a way to push this forward to pay the people the $1 million approximately that they have done the work in good faith for
us to do and change the bond bird does not straddle the
treasurer home ? >> I don't think we can take
any action on a bond and in addition I would have more of a
concern if the auditor, there's legal saying they are valid and
to pay invoices, the auditor is in agreement. Hypothetically
commissioners court is in agreement then it becomes a ministerial act by the treasurer and I would analyze under that
regard. >> okay thank you, the concern
was when my auditor stated she wanted outside review so
there's something going on there is actually an issue that
happened here. We don't want him is to be brought into the
and then brought to me. I'm not trying to be difficult I'm
happy to pay those people but I want protections that's all I am asking for. >> very valid and it is not
administrative I want to be clarified. This is not administered theatrical stunt this is checks and balances for
protections and in this instance for your family. If we make a
motion commissioner smith because I'm with you, make a motion let's walk through this together. To be these people $1
million more or less because there is a insight opinion that
it is okay to pay can I get some assurances we will seek outside
opinion for the rest of the process? Can you support that idea? >> for review of these specific
awards? >> for review of >> these contracts that's what the concern is. I would support
a third-party opinion at the direction of general counsel to
find somebody to do that because we have that power in their office to find someone to review the contracts.
>> or let the treasurer pick the outside council.
>> I want to let the attorneys. >> can we do that with this
agenda item? >> we can pay but if you want to do that and bring it back , happy to look at it for the
specifics. >> so there's peace of mind .
the motion is to pay the agenda items as stated by the auditor
based on insight opinion from the civil division. How is that?
how would you like it to be? >> sorry. We have not completed
the audit of the invoices because we were at a standstill
as to whether they were procured under law. I will present
invoices from these contracts in the weekly disbursement for approval. And then the court will take the item and approve
the invoices and then the treasurer once approved
disperses it so if you try to take action on a outside opinion
that is a different matter. For me I am informing the court that
based on this legal opinion and the reason for outside opinion
is sometimes the auditor and insight attorney do not agree
and there've been times with the previous attorney , we
agreed to disagree. So when the auditor does not agree than the
auditor has a avenue to go to the attorney general. The
auditor's office is one that can request attorney general opinion. This is more contract law, not as far as I don't know
what the attorney general would say but this is contract law. So
once we look at first obama contracts were there? There were eight, two terminated. We have made payments already because I
did not have knowledge of what happened so we have made
payments to some of the vendors for this work but as soon as I
found out now I have this responsibility to determine can
I actually audit and approve the payment based on the situation
that happened so initially I might do we need someone to
review? Internal? Internal has reviewed. I agree with the internal opinion . But it is not just me, I understand the court
and the treasurer would like outside opinion that would be the motion and I would have to ask jordan if that is within the
posting because I tried to make it to talk about the invoice and
contracts and if that's what the court wanted. >> to restate that is this worded in a way to make a motion
to seek outside opinion for this effort for the treasurer request? >> I do not think this item is
sufficient enough to come out with that sort of action and I
will note if the majority of the court once outside opinion on the same issue that the office analyzed that will provide the
treasurer with no more coverage than the opinion already
received just to be clear. >> right.
>> do we need to take action on this item? >> this, like she explained will process payment bring to court
for disbursement and we go to the treasurer after that.
>> under whatever item? >> and then we can bring
something back from outside. >> if that is with the court
desire is the court wants to reanalyze the same thing we analyzed I don't think that provides a more coverage or the
county with more coverage from what you already have and
additionally if the court doesn't want to rely on the
internal opinion with the proper people to choose the law firm?
>> that's why I was saying , we wanted a true outside opinion.
>> I guess the proper question is what is the goal of hiring
outside opinion? >> measure twice, cut once.
>> what do we do if we're wrong? >> we take corrective action based on that.
>> we pick our favorite attorney then. >> anything else? This goes nowhere except?
>> to payment. >> that's the direction you
feel pay it. >> it will be paid whether or
not dispersed is the secondary thank you.
>> then we have j 20.
discussion and possible action to include the county administrator, the transportation director, and commissioner hammer on all selection or review committees for all contracts and budget items related to the
transportation department >> I am trying to stay sensitive
and respectful and not over do any sharing although it is a
duty it is my job most people do so we currently have an interim
director of transportation which we love and voted for and fully
support. Thank you. There is a concern and they will leave out
names. Of what we are doing so it is important to us and to me
because I have the capacity to include myself in it. To have
until we get a permanent declared director , the
sufficient structure defendable oversight of future contracts
dealing with transportation because we have second to best
credit rating there's only one better. You had a previous
presentation. We are looking for north of $100 millionin
vertical certificates of obligation. We are paving literally paving the way for almost half 1 billion in road
bonds which certificates of obligation have been sold on that front. All of these things just to name a few are at risk
if we don't do a good job of not only doing things right, but
when we don't, calling them out intelligently and completely so
we can be trusted, transparency. Yes it sounds weird but we need
transparency even when it does not feel right or good so
that's the reason I created this. We have a real issue and
this would help me as the chief executive of the county to feel better moving forward until we are done with this. Are you okay
with this? >> I will say first of all thank you. I appreciate you thinking I would be a good fit for doing
this. I will say we have another agenda item to address that, I
know your concern is making sure things are done in the proper way and there is an agenda item on here that does hold
accountability toward commissioners whenever they choose certain things with justification. I do want to
bring that item up as well but I also don't want to be the
person, I'm not going to know commissioner ingalsbe projects.
>> this is a temporary condition as short-lived as we can make
it. Short of voting no on everything in the moment until things are resolved I thought this was the way to keep things
moving. My aim is to keep things moving. >> for sure, same here. Can we open another item?
>> yes we can. >> I think it is 19. J 19.
>> please open j 19 at the same time. I promise we will get to
yours. >> discussion and possible action to amend the interim selection process regarding any proposed contracts related to professional engineering
services; utility coordination services; construction, engineering, and inspections services; and land surveying services to streamline the process.
>> you understand to keep the public moving we have another
leg we can talk about now. There is real concern. Trying as
peacefully as I can to say things but there is a concern with the process with the black eye we have developed to key
people in those spaces making new decisions. >> let's talk about that process because whenever we did
the qualifications, the qualification of the engineering firms those are not tainted those are done correctly and
professionally and what we can use moving forward. It is the
pool in question that we are trying to mitigate right? So the pool if we do away with the pool which I think we can do, but we
have the qualifications each commissioners they will all be given the same qualifications from each engineering firm then
we have a justification piece that each commission will have
to submit on why they chose the firm and if they were the most qualified. For each of those projects so that's the account
ability piece that we can hold and we can use the
qualifications submitted and keep moving forward making sure the justifications there. >> does that make sense to you?
does not flow? Honestly, there's a lot going on. How
about commissisake of everyone can you restate one more time? >> keeping qualifications the
same from each of the engineering firms because those were in good faith in good order. Removing the pool so now
those scoring that's nonexistent so each qualification is commissioner they will see the same
qualifications from each firm and for prospective precincts will pick the most qualified which can be most qualified for
various reasons but we can pick the most qualified and have the
justification form that determines why they are the most qualified so the accountability piece for each commissioner to
make sure they're choosing firms in good faith and good order are from the justification piece. That is legal.
>> that might be a question for jordan. The law as qualified you
have the reason why they are qualified and from my aspect
auditing I will look at the justification form that shows they were qualified by the individuals who are responsible
and determine whether a contract is procured and approved by court and then submit it for approval.
>> we are after the same exact thing so that's why opening
these together is no problem. I see you as a ally in the goal
someone else say something on the side? What else? >> I think that would be the fastest way to move everything
forward without having to have a interim process of three different people because I'm not going to tell them.
>> it is an awkward place we have been. I have never been
here and neither have you. >> stephanie hunt purchasing
agent. Since the court deemed the pool to be terminated I do
not feel comfortable with you guys utilizing the proposals
submitted because by you guys terminating you are saying it's not valid. So that is why we came up with the vendor
selection for so the gec we pay to help select who helps work
with commissioners to determine who is the best qualified person
firm to do whatever job is needed and there's a lot of
things that will go into that depending on qualifications, job requirements, the amount of projects that the existing firm
has. Those go into play when they select who they feel is the
best qualified who can do the job we need them to do. This is to streamline so we don't have to go pick three firms, do a
mini procurement as far as scoring. 2254 government code
2254 professional services says we have to pick the most
qualified it does not say we have to do formal procurement we have to pick the most qualified and bring contract back to
court. So this form helps streamline the process for the
commissioners to start moving forward with those projects. So
there is no further delay until the new pool is brought back to
court for the award and hopefully if everything goes right and everybody can clear calendars and work through it
that will be the beginning of february. >> we hear that commissioner hammer and I we are in the same
page keeping projects moving, paying workers doing the work
and isolating the problem so could we talking out loud could we pulled the two that were treated differently out and keep
moving with everybody until that gets resolved? >> the two should abandon the pool?
>> the two scored 100 . >> no.
>> we pulled out the review four scoring and he did not change
the pool. >> my question is to keep things moving leaving those in or taking them out does that help
in any way? >> because you voted to
terminate it is done. So a lot of these selections brought to
court they were brought back, they were brought to court in
january and february before the new pool was even awarded so a
lot of the selections and firms were already in the pool but the way we wrote this because we did it a little different and
combined multiple services into one all of the existing pools terminated when we awarded the pool so that's why that is a
little different, usually when we have a pool we open up yearly and it keeps growing and if you were awarded in 2022 you're
still in the pool unless we deem you unqualified and move you.
>> items that are open now acting on them would help you
keep the direct order of things and the oversight that you're
supposed to see? >> to help streamline the
selection process during the interim . >> that's my aim, literally my aim. So I guess we will not take
action county clerk. Not take action on the wording of mine and take action on the wording of commissioner hammer because
that is what is led to believe the conversation to keep things
moving most efficiently. Am I right? >> commissioner ingalsbe also, she has, she has waited in.
>> I would kind of reiterate some of the comments that were
made. We wanted to find a way to streamline the process after the
last meeting which time is a little confusing although we
cannot with a direction for staff. Thank you stephanie for
the work you did on that. You know, we met with our county
administrator, with purchasing, with legal, our auditor, budget
officer, we wanted to ensure we were covering every aspect and
we came out agreeing that this would be a good and legal
process to move forward to streamline the process so you know I am supportive of that. What we are calling the vendor
selection form I call the justification form because we
want to ensure selections are justified and they have qualifications and we will get help from our transportation
department if we so choose to go that route. Yeah, I support
moving forward with this for the interim process . >> perfect. I ask a list of folks that you guys met with to
create discomfort please include the treasurer since she is the
last line of defense so everyone will move together because if everyone is happy I'm done I check the box and go to the next
thing. I even ask my office I don't want to use the word
fraud. I work hard not to say fraud. Synonyms, cheating,
treachery, tricks, swindled, hustled, basically we remedy
abuse of power abuse of office that's what we are struggling
through. >> I would like.
>> restate your motion on the agenda item for the viewing public and we will vote. >> can I restate the process. I
just wanted to say I think this accomplishes the task we want to
make sure if there was a selection or ever is in the future made not in good faith that you can have what was your
justification and this is why they were most qualified. We
have a better understanding why we chose each month. >> after commissioner smith's comments please restate.
>> I agree with commissioner hammer, with commissioner
ingalsbe I think this is much better more well thought out
than what we went through with my direction last time I will be the first to admit. In working with staff that is what we came
up with at the time. I think this is a much more clear process. I will say judge on your item and I know we are not
going to vote on it but I think there are some assumptions we need to clarify for the public because by law another
commissioner or we are currently, we operate as a
county under texas local government code and specific to
the transportation code title vi roadway subtitle c roads and
bridges chapter 252 systems of county road administration
subchapter a road commissioner system under that system we
individually are responsible for every decision , laying out of
the roadways, determination of condition, determination of
improvement, character work to be done the selection and the draining all of those things construction and changing the
road buildin of bridges and roadways. All of those we are
statutorily mandated to do within the precinct. So, there
is no way, understate law I can designate those decisions to a
party outside of my office. I just want to clarify. It would
be the same as judicial duties you do as a judge saying I will
designate it to another judge by whatever statute you have to do
in your court so I want to clarify. Moving forward with the
agenda item as drafted by commissioner ingalsbe and
commissioner hammer get us there , but even if we wanted to go
with the option you laid out we couldn't statutorily.
>> I appreciate the clarification effort. I have this belief that we as a court , not to beat a dead horse. So, if
you see the court as the buck stops here as we saw on paying
people we have the responsibility and it is our duty, but we have department heads that do the work and where
the final approval. In the crafting of the item it is for you to be final approval of but the legwork would be done by
others that was the intent. Your agenda item j 19. We are voting
on j 19. Parting words? >> I had a clarification or
wanted clarification. This is the process we will follow until the pools are awarded but there were prior selections made under
the other pool and those are not brought forward, they can be
brought forward with the interim process. >> I was going to restate the process, any selections
previously made are no land void so they have to follow the
process so any projects that need to move forward before the
new pool is awarded will follow this process. The commissioner will work with transportation, to figure out the most qualified
person to perform the job . They will fill out the form and place
an item on the agenda to have the court approve a selection so
they will fill out the form. It will be on the agenda, they will
come to court, approve selection of the firm for the job, the court will approve and they move forward with contract
negotiations and bring contract back to court. >> thank you for the recap the restating is perfect. J 19
please call the roll. >> commissioner hammer yes,
commissioner ingalsbe yes, commissioner smith yes, commissioner cohen I recuse myself , judge becerra yes.
>> as promised continue the flow and I will add j 17 because I
can see your. Next was j 12.
discussion and possible action regarding the removal of unauthorized publications, newsstands, and/or other solicitations or advertisements from the hays county historic courthouse and any other county facilities.
>> so moved. >> second. >> motion and second commissioner smith please
explain. >> absolutely judge. My phone just died and I pulled up an email I wanted to share with the
court. I assume a number of folks on the court I assume this was a blind carbon copy. I received an email this previous
week from hays county first are there any public comments?
before we start? >> you are right. Thank you very
much, goldstar. Individuals signed up to speak and I am so
interested because I have people texting me to keep moving that I was already moving leaving that peace out. J 12 . We have some
individuals signed up to speak. They are written?
>> maybe one person. >> good catch commissioner,
thank you. Did somebody show up? There it is I just found it.
anita collins please take three minutes to tell us your
thoughts. >> hi I am a founding member for the indigenous community and I'm a member of the historical
commission of hays county. Agenda item j 12 suggests
unauthorized publication news stands and other solicitations or advertisements need to be removed from county facilities.
we know you only mean one publication and one facility.
the caldwell hayes examiner and hays county courthouse. How do
you define unauthorized publication? Let's start with that. You cannot seriously suggest the commissioners court
now decide on item by item basis what is authorized or
unauthorized and what is to be displayed or removed from public
facility. Every brochure offered outside of commissioner commissioner ingalsbe or the county judge's office need to
be approved by the commissioners court before display? Doing so
could impact the timely distribution of information and resources to our community dealing important updates and
services to residents. Will every postcard or fire
advertising the museum or the lbj museum or courthouse event
now need to be approved by commissioners court before displaying? These are not just advertisements they are vital
expressions of our communities rich history and culture, their
removal would be loss to our collective identity. Will every
fire displayed outside of the veteran service office now need to be approved by commissioners court? Sometimes requiring a
wait time of two weeks before it can offer needed services to
veterans? This delay would be frustrating and harmful to those who rely on those services. I find the proposal to remove
unauthorized publication should be utterly ridiculous. It is
clear this is not the real issue at hand. I believe a member of the historic commission pressure due commissioner smith to block
the caldwell hayes examiner newsstand outside of the museum
exhibit. This newspaper reports on history and future of
indigenous mexican american and african-american people in our county. A very wise woman
produced gave an analogy of racism. She said and I'm
paraphrasing that racism is like garlic. Once you have had a
taste of it you recognize it. This agenda item reeks of garlic
as the nationwide attempt to silence, erase and rewrite
history sadly out of our control preventing the same in hays county is in your control. Vote against this effort to silence
the press and silence history, thank you.
>> well done thank you very much. Did anyone else sign up that is here for public agenda comments? It is your turn.
>> we have emailed public comment from dr. Mario garza and
understand that commissioner smith is introducing discussion
and possible action regarding removal of unauthorized publication at the courthouse. We have determined this item
specifically is aimed at the nonprofit publication of caldwell hayes examiner. Placing editions outside of the door the
exhibit the past within us. A project of the council for
indigenous community are determination is based on the fact that some members of the hays county historical
commission complained about the placement of the publication which is appropriately about our community and extension of the
cultural experience we offered to visitors. Setting aside hostility that we endorse since the establishment because people
were not properly represented by the hays county historical commission the action of removing publication from the
courthouse is a first amendment issue, the caldwell hayes examiner is an alternative media outlet centered on issues of
justice and equality. The same issues that directly impact and
concern indigenous communities this media outlet is essentially
the voice of our people which would be silenced by citizens who have prompted commissioner smith to champion their cause.
in this moment in history nationwide credible media
outlets are replaced with propaganda and people are being erased from monuments, textbooks, expressions of culture and language historical accounts now from the hays
county courthouse. We urge county commissioners to stand up for freedom of expression, the voice of the indigenous and freedom of the press in hays county. Next is from
san marcus she writes when accepting to serve as a hays
county commissioner we were asked to raise our right hand
and pledge oath to protect, preserve and present historical findings and research. I'm disappointed with the behavior
of certain alumni commissioners perhaps a workshop would address the agenda to clarify the role of the assigned commission code
of conduct and modern technology with freedom of of expression
threatened. Next one is from gina rogers in san marcus, she
writes honorable hays county judge and commissioners we understand today commissioner smith has sponsored gym 12 a
discussion and possible action regarding removal of authorized publication of the courthouse and other public places, in may
the hays county historical commission chair complained to
the general counsel office to force the removal from the courthouse of the newspaper the caldwell hayes examiner. A hays
county news outlet, the headline at the time was organizers of
the sacred springs powwow indigenous cultures institute reclaimed their language and later did a local landmark get
built by enslaved labor, both articles are relevant to hays
county history. Members have informed a complaint to the
general counsel office which was filed the past within us open to
seeking the removal of the newspaper and its historical reference to indigenous history we cannot, nor should we return
to a day when hays county history is silenced. We are
witnesses to a nationwide attempt to silence, controlthe narrative and rewrite history nothing this is nothing more
than an attempt to control the narrative of what will be
displayed in public places we ask you recognize the efforts to silence history and vote no. The last one is from lisa pruitt in
san marcus , I am writing to express strong opposition to the
proposed removal of the hays caldwell examiner from the county courthouse the presence of local press outlet is vital
not only for maintaining transparency, but also for ensuring the community remains informed about important issues
that affect the lives of governance and history the freedom of press is a cornerstone for democracy
serving as a check on power and voice for the public. By
removing the hays caldwell examiner from his location we wrist silencing a platform that holds local government
accountable with reports on often silence history and
fosters community engagement. I urge the court to reconsider the
decision and to support the presence of local publications in the courthouse let us stand together to protect the rights
of the press and uphold commitment to open government censorship freedom of speech is a slippery slope let's not get
caught in the landslide thank you for your attention to this matter. >> two things were quick and
then I will give it to commissioner smith. First thing because I know these people. Some of them are crazy and some
of them are my dear friends and some are my dear friends because
they are crazy. Absolutely and in return some of them hate me
and that's okay. I have been married about to be 33 years and
I always say it's okay to disagree and stay together.
it's okay if we don't see eye to eye on every single thing ever smell time. That is human nature otherwise we would be
clones. The first piece I would like to share is has managed
more recently than anything to create a lot of tension and
hostility in certain spaces and I want to let people know because I know all these people the caldwell hayes examiner are
two independent separate like oil and water organizations and
they have nothing to do with each other. Because some of the friends were friends over here and they went to the same party
and you know how that goes. People think they are the
caldwell hayes examiner and that is not true, there totally apart
and separate. Do I get a knot on that okay good. In the second
piece, it is. >> can we focus on the agenda
item? >> it will be a worthy second. The second piece about the communication of this
publication unless it's not about the examiner is this about
the caldwell hayes examiner? >> it is specifically right now
but this is a much more broad topic and we want to talk about
the actual agenda item. >> thank you for trying to be the chair. You can run for the office later.
>> let's find a different word choice to frame it because that's pretty aggressive. I'm not offended I am use to your
choice, but go back to you and speak it then. Go for it.
>> sorry if I offended you by my word choice , but we should,
none of what you said at anything specific to do with the agenda item. >> it is purely because I agree
it is a targeted agenda item so I wanted to lay some groundwork
so clearly error go ahead. >> if there was a thrifty nickel stand down there, if there was the san marcus newspaper in this
building we actually got a request and I'm happy to read
the request. >> you don't have to.
>> I am happy to to clarify. I got a request from the chair of
the historic commission about this sanctity of the courthouse and in doing so I reached out to general counsel because I wanted
clarification. I do stand for the first amendment and anyone in here should have the ability if we allow one viewpoint into
the courthouse we should allow all the problem becomes whenever
you allow everything and anything what does that do to
the historic courthouse? That is my issue. We cannot prohibit
anyone if we allow one that's the way it is. I'm not just
talking about the courthouse, I'm talking about the
government center the precinct 4 building. Where two years ago a thrifty nickel stand did show up and we removed it because we
have a policy and at that time I reached out to previous general
counsel and he clarified some things. Related to that and
whenever this was brought up I wanted verification and asked
for opinion from the general counsel office. The opinion I got and I'm happy to share this with anybody on the court. The
newspaper continued presence raises a number of legal questions. First hays county is bound by the first amendment.
not to engage in viewpoint discrimination. If hays county
agrees to display newspaper in the courthouse in keeping with obligation to avoid engaging in viewpoint discrimination hays
county would be obligated to permit the display of other on
equal or substantially equal terms and conditions regardless of the content. Obviously this can lead to undesirable outcomes
such as clutter, changes to the overall aesthetic, increased
maintenance, cleanup and physical encroachment impacting accessibility and title ii of the ada amendment . Additionally
the display exposes hays county to potential establishment
clause litigation. Furnishing space in the courthouse to
private entity indicates texas local government code sections
263.001 , lease by auction, 263.007 lease by sealed bid
proposal and in this context less relevant article 3 section
52 prohibition of expenditure public funds for private
purposes. Fourth potential for litigation of misuse on public
property under 39.02 a of the texas penal code additionally
fifth the newspaper and newsstand continued presence
violates paragraph d 13 of the hays county property use policy
which states soliciting charitable donations contributions or collecting private debt on county property is prohibited. Commercial soliciting, vending and
advertising on county property is prohibited except in event
approved by commissioners court. In light of these issues the office recommends removing the news stand and returning to its
owners. Additionally, the one thing that really concerns me is
it is a venue and it is actively soliciting for a candidate adds
which is fine. They can do that any paper can do that. We cannot
display legally in addition to the things pointed out to display or have legal advertisement in our offices or
in the courthouse. At a coffee mug with my campaign logo on it
and I called for clarification can I keep that in my office and
the answer is no. So there are other issues and we are talking about the hays caldwell examiner because that's the one doing
it. If there was any other we would be doing the same thing. So that is what I want for clarification that's where I am
at and again this was at the request of the historic mission.
>> with what you read private entity was the description. As a
nonprofit is that considered non-entity?
>> it can be depending on what entity but typically a nonprofit would be a private entity. I did not catch in one regard.
>> explaining as a private entity having space on
government property so my question was this nonprofit
obligation is it considered private entity? It is not governmental. >> it likely would be, yes sir.
>> so you are then asking for the court to either greenlight let's go to the extreme klansman material if they bring
it alongside caldwell hayes examiner material if it deemed
the conversation to take place? That's what you're asking the court to decide? >> under property use policy we
don't allow. So I'm not asking to greenlight anything. I'm just asking to enforce current property use policy.
>> or amend. >> of the court chooses to amend
, you can see my concerns because I am not comfortable with, it's easier to say no to everything and that's the
viewpoint of the county what it has been for I'm not sure when
the property use policy was done because it was at least eight years ago before us. So I don't know , I don't know a better
way to address it given the concerns raised. Maybe somebody
else has a better option, but . >> commissioner ingalsbe would
you like to weigh in? Sorry, your next. I go in pattern I
will go this way and then I will go that way and then this way so no one feels picked on. >> I was wondering and I guess
jordan this is a question for your. So if the publication is
an exhibit inside the department or the office , you know they
have the door you have to enter it. So if it is displayed inside
as part of the exhibit is that still creating the concern that
we have to allow every publication the opportunity to have their paper in the courthouse?
>> what I would say is for the apartment or that area of the
building still within the county building let's say it is department a if department a is having in the office space in
their part of the building it is a part it is the county building and it should be come one come all . I would not focus on the
location within the building per se. But, come one, come all
would still apply.
>> okay. >> want to echo or weigh in? I
believe this is the government of , by and for the people. I
say this all the time I represent from the immigrant that just arrived 10 minutes ago to the person sitting in the
jail, the person walking in heb all the way to the furthest extreme I would use it again for the heck of it, the klansman. I
am everyone's county judge whether they like it or not so I
try my best to always remember that. If you have a beating heart in hays county I am your county judge so I try to shake
my looking glass around that reality. My first aim is sure if
you have got something worthy that you want to share with the
public, sure. I have jehovah's witness coming out here, the
lighting of the menorah, the lighting of the christmas trees and everything else . Sure. So the way I see it, let's modify
when we are doing to allow freedom of speech in a time where entire networks are being pocketed so let's see what
happens. We can change our mind and say this turn into a snowball we don't like cancel them all but at this moment and
time I think we should say sure, come one come all. >> I guess if we are going to do that and I am not opposed , I
would like to see where would we consider even placing the
publications? I can see if we do it downstairs we already have
displays. I don't want to clutter what we are trying to
display. If we put it outside. Who is going to maintain it? And we have a lot of if I make the statement nobody , I'm not
talking against anyone, but we have a lot of people that visit
our local establishments downtown and some of them at
times get a little rowdy. I don't know if we had them
outside would that cause a lot of later because they will come in and so if we are even considering doing this which
I'm not opposed to I would like for us to take the time to
determine where the locations would be, how they would be maintained and think through it a little bit more.
>> we can simply say because a museum is a perfect place to
share perspective and share ideas when I first became county
judge I could be wrong but I walked numerous times there were
no minority representations in that museum. That's a great place to share ideas so we can simply for starters amend we
know this. We can create a tape section to say we will give a
three-foot section on this wall for anyone that's all you get.
and you guys can talk about it, something else can be created
for policy or we can dedicate indoors where it's esy here's a place where the standard first come first serve.
>> with that, we can comply. >> we haveto do everyone.
>> you do everyone but this is a designated footprint. >> arguably the footprint would be large enough to accommodate
anyone and everyone interested. >> although I think that is
unrealistic and that is a good shutdown argument. We cannot put a 18 wheeler in the building that's how I see that response
so I support letting everyone and anyone in a designated
space, whether a board on the wall or a table whatever we
decide we have the capacity we don't have to say everyone is
everyone now I sit on top of the newspaper stand I don't buy it.
whatever you want to do I follow you. Commissioner.
>> I would personally like staff and I'm looking at you,
candace. To evaluate the policy. To see what other counties are
doing to accommodate those requests. I definitely don't
want to invite what I would consider hate speech into a
building. And that is my fear with that proposal is that might
do that. What I would really love is for us to take a look at
some options near that we could choose from that seems more
reasonable. I don't know about let everyone in I think that is
opening up some doors that we don't want to face. So I think maybe talking to see what other counties are doing to address
that in historical buildings to bring back some options that
way.
>> commissioner hammer. >> I think from a legal perspective what can we do or what can we do can we designate
space is that not okay we need to know from a legal perspective what the options are because we cannot make a decision without
all of the prior knowledge. Difference of opinion sure bring
it but when it comes with hate speech there's no place for
that. >> 100% like free speech in a
crowded movie theater fire that's not free speech. We agree will take no action at this moment in time come back
for legal opinion? What are you thinking? >> I am fine with that but I will tell you until we make a
decision, I believe we are violating the law. And I want to
hear from our general counsel because now again we are allowing one voice and until we make a decision in this we want
to remove temporarily until we figure out what the path forward
is we are still violating the law .
>> jordan can you weigh in? Commissioner smith is asking for your legal opinion. >> in the interim county
administrator and different options bringing back options to the court allowing one and not all does put us at some risk.
>> we told someone you can't? >> I don't know anyone asked.
>> so I don't know about the claim. >> it is not the claim if we choose to prohibit anyone else
or if we choose when we were the other we thereby light current
policy and we say we want a plan so we won't approve any more
until we do the plan we're running a file ourselves and
running afoul of the law in one of the cases so again especially
on the political advertising I think that's a problem for me.
I will use an example for example right now I can pull up
the facebook page from september 1. Let me finish please add for
october print edition start at $50 candidates or you as
supporters have until nine 15 to reserve space so I know they are
actively soliciting for political advertising and that is a problem if we have them here and we don't do that for
others. >> I have an option for a quick. I have faith in you. It won't take that long to come up with
an opinion for us to work with jordan to see what you recommend
other counties doing on this front for news stands on the courthouse grounds. What I think , this will be a great
opportunity to see what come all looks like and we leave it alone
know it is publicized. Because what's coming is an opinion
from you guys and if it becomes terrible the sky is falling
scenario and that's where we say we have the example of chaos
and calamity because that can happen. Chaos and calamity. In
the meantime we can leave it alone and leave come one come all until you bring back the opinion and if you have to call
an emergency meeting because there's 3000 newspaper stands we can do that. I propose we leave it alone until we get a
legal opinion. >> if we leave alone we are in violation. >> no because your come one come
all you're not. >> then we need to change the
policy. >> the strongest legal footing is in accordance with policy not allowing anything until a new
updated policy comes forth, come one come all his general. You
get into a slippery slope there would be some parameters to put in place for example place, equal access for people to be
able to place publications and put out new issues or new
pamphlets. All of those things would need to be involved in a
policy so come one come all is very general. You do start , you
need to get into for their analysis if it is to come one come all scenario. Sorry. >> you are good. I do not mean
to cut you off. Okay sorry. So until we get the policy candace
and jordan should we ask veteran services to take things down
that are not directly government printed and do we ask signs that
are not completely court approved to come off the walls? Where do we go with this to be in legal compliance?
>> sure for example if it is in relation to a county event or a
vaccination clinic or something like that or if it is a pamphlet
from a consultant or vendor I don't know what is outside of veteran services to be fair I don't know what they have up
there. If it is not authorized in one way shape or form for the
court and I think that should be removed if it was placed there
by someone coming in the building for a meeting I don't know what's out there right now.
>> who will evaluate that? I know there are pamphlets, some
are for county services which they are okay. Just saying.
>> that is a slippery slope I am mentioning.
>> come one come all seems easiest until you come back with an opinion is why I say that. In other words leave everything
alone until we get your direction. That's my approach. >> everything alone would be the prohibition on anything. That's
what policy currently says. >> we need to establish good
policy is going to protect us in every situation. So we follow with the current policy is, bring a new policy that's good
and move forward. >> that's right. >> what is your timeline do you think?
>> I believe we can bring something back maybe the first
meeting in december or november bring an update back to the
court where we are what we found in the research we can do that. >> don't be duped by arguments that treat this like a poll site
because next thing you hear is you are wearing a shirt that
offends me. You cannot wear that shirt you have to cover it up.
that has been a slippery slope in our elections some judges are forcing people cover certain things that are totally legal
freedom of speech stuff so we have a history of putting our
thumb on the scales when it comes to communication so that's why I am for be uniform so that's cool. What we will do
at this moment and time based on the conversation is ask it to be removed ? >> until we get policy and if we
find policy bring it back. Right now we are in violation of the law or the existing policy and I have recommendation from our
general counsel office for removal. And request from the
historic society and that's the reason I brought this.
>> we please approach the putting because this becomes a court of record for life. You will be old and in a wheelchair
or rocking chair or whatever you want and this will be recorded. Show your grandkids what you are saying please.
>> managing editor with the caldwell examiner. On the
concern about political advertisements we have only brought issues that cover local news. Or local history october
history does not have any local history so we did not bring the october issue only those that cover local history because it
aligned with the work. Our october issue has political ads.
if you go downstairs october is not in the stand it is our august issue. That covers some historical significance under
threat so I wanted to clarify there are no papers downstairs
with political advertisements. >> thank you for taking that
clarification point and my habit and I have to do it with sam who
works for the caldwell hayes examiner she said they only bring print next to the historic commission's indigenous
commission museum that has historical significance they do
not bring it they take it upon themselves to self govern and do
not bring things other than cultural significance and only
bring publications that support the message is that right? >> to date that's what we have been doing.
>> perfect thank you so much. >> as a point for the for the
organization. If there are articles that are of importance
that you all want to make sure to share and having a printout
of the article in your displays absolutely fine. Just the
article itself I don't think sharing of an article I don't
know I am asking I don't have a problem with that I have a
problem with solicitation portion .
>>
addressing the practicality of it and the practical sense is
the historical commission from day one did not want to have in their museum and exhibit that represented the community. From
day one and I can speak back until years ago when the exhibit
was when the actual newspaper article was placed in the
hallway that was the first thing they could point to to say we do
not want the newspaper in our hallway because this is our courthouse , well it is not our courthouse that museum and this
courthouse belongs to the people. I think it is offensive that you would think it is okay not to see the clear line
between one point to the other and address what you address today. That's all I have to say.
>> thank you. So just for clarification for the viewing
public sure, since since else approach the putting without my
direction you should do the same. >>
whole thing is the aesthetics of it. The newspaper stand does not
belong in the first floor of the courthouse it just doesn't and
I can see the chronicle. In fact I asked somebody at the library,
and in auto trader or apartments for rent or whatever it could
get out of control and it probably wouldn't and that is
the truth. And this has become a bigger issue and have a lot of
things and I have a lot of flaws but I'm not a racist and I take
umbrage to the max about how I am being discussed and pretrade.
and how our commission is being portrayed. This goes , there is
history here that has not been discussed that has nothing at
all to do with this newspaper and it has become , there is a
undercurrent here that should not be part of this discussion.
and, I am offended by the way it's being portrayed and I am .
I just, I don't even have words for how I am feeling right now
because I have served on the hays county commission for 23
years. Earlier, when people were getting service awards, do we
get service awards? Do we get a blanket? Do we get retirement?
we don't even get in a paycheck, but we put in hour
after hour after hour and yet we get slapped in the face when we
are trying to protect the building that is most prominent in our portfolio and it has nothing to do with , it has
nothing to do with the newspaper. It has to do with a newspaper stand in this historic building it's not appropriate,
that is the bottom line. >> so you are viewing as the
initiator , the rock is causing the concern so if it was placed
on a different surface? Would that change the perspective you're describing? Or just not here at all? I want to
understand your threshold. >> I don't think you should walk into the building and see newspaper stands.
>> if it were a different format? >> all the courthouse as I go into which has been dozens I
have never seen a newspaper stand not to say they are not there because when I was little the court houses had coffee
stands and newspaper stands and they were run by blind people as
part of the school for the blind thing so it's not that there is not history there but it is not normal now as far as I can tell.
>> so the presentation of the stand is when you are
discussing. Got it okay thank you. All right agenda item how
do you want to close it out? >> I don't know we have to take
formal action, but I do think until we have a formal policy
reader have to follow the policy and the law in place now or and
we ask it be removed until then and then we try to work
something out . I want a legal opinion where we can do something if that's the view of the court. I do think we have to
do something and again this is your view.
>> I would like to jordan and she has stated what we need to
do. I would say again. Jordan, could they put it inside the
office? For those that come and visit? It is out of sight from
the rotunda. >> all respect , legally the
location within the building doesn't make a difference .
legally if you're asking the cleanest legal option right now
is to remove the one that's there as we work on a policy to
see what's out there like you directed candace , that is the
cleanest legal decision . >> thank you.
>> we need to take action in one way or another to give direction
about that particular item that is in motion. What if we frame
your motion to have clear direction and you choose.
>> I think they have clear direction from all the court as
to what to come back with. I am seeing nods from both staff?
>> it is clear direction, but the stand down there now is
where I wanted clear directin. Do these ladies take the
newspaper piece when they leave or can it stay? That's what I
want direction from the court on. That's what I want to pinpoint. How about we go this way. For the sake of clarity and
then move on because I have a lot of stuff I'm trying to
cover. I move we temporarily allow the newspaper stand with the examiner focusing specifically on cultural issue
events remain on the first floor next to the museum.
I'm not getting a second I will wait a few more seconds just in case. That is it. Take away the rack and we will see you when we
see your. In the meantime come up with a policy and we will go on. >> sorry judge I don't know who
you are looking at. I was not sure if you are looking at me.
>> okay next as promised we're moving on to elections.
>> discussion and possible action to approve changes to election precincts resulting from redistricting maps approved
in the 89th legislature second special session.
>> so moved. >> second. >> motion and a second for j 4.
is she still here? There you are. I am sorry, you landed
right in for a second. I was looking for your. There is one.
we do have some . All right let's begin thank you for your
patience. I tried my best to speeded up. >> I appreciate it judge, thank you. Precincts of the basic
building blocks of every federal, state and county government jurisdiction. The issue of precinct redistricting
is driven primarily by voter growth. The upper limit is 5000
voters. In this case it's the result of a political maneuver
by donald trump and implement it by greg abbott with a
unquestioned republican majority in the texas legislature. Why
all the activity? Because the house of representatives will likely flip from republican to democratic in next year's
midterm elections so trump came up with a plan to stop this. He told greg abbott to grab five additional republican house
seats in next year's election. When the dust cleared the
democratic cd 35 was put on a stretcher and carried out of the
game republican cd 21 along with cd 27 another deep red district
that swooped into hays county from god knows where picked apart the bones of the hays county portion and the folks who
do the new congressional district maps like a bargain-basement utility crew did not take the time to learn
what was underneath before they started digging. They went
through a dozen voting precincts not around them. They created a
problem by cutting through underlying turf from other jurisdictions putting them in violation of state law that
prohibits any precinct any voting precinct from containing
parts of more than one congressional district when state senate district, one state house district, one commissioner
court precinct , one justice of the peace precinct or one state
board of education district . This exercise would've been a
breeze if the underlying jurisdictions were the same size
, the same shape and occupied the same geography of those that
got whacked , but they aren't. The slicing and dicing also cut
through underlyng jurisdictions caught in the crossfire. The
county's development services and election staff hustled to
repair the damage and redraw precincts so they complied with
the law and they understood the urgency. The filing period for
precinct chair candidates in the march primary is already underway and filing must reflect precincts as they
january, not as they exist today. Candidates filing for public office including county judge and precinct 2 and
precinct 4 commissioners begins in just over one week. A tight
election calendar likely makes it impossible to go back to the
drawing board at this late today but the members of this court and county voters deserve to know how this happened and who
is responsible. Thank you. >> most beautifully done, thank
you sir. And any more that are emailed on this agenda item?
that concludes this portion. Now if jennifer will approach the podium. >> yes, good afternoon.
hays county election administrator. You just heard
how we got here. What we are doing actually is not
redistricting. What we are doing as the court is enterin our election precincts are in compliance with the national
voter registration act. The same process you go through in
odd-numbered years in may and april but because of the restricted thing we are doing it twice this year so we can make
sure with the changes that was enacted into law in the second
special session that we are still in compliance so that's
what we are doing and it's very confusing to people because we
did this earlier in the year and they had not seen the maps yet
because they don't come into effect until after december runoff so now we are doing it twice and people have not caught
up with the changes yet so that's why this became a bigger issue last week. This what we are doing is meeting statutory
compliance for 2.031 of the election code making sure that
our election precincts are in compliance with changes. So we
did wait for two weeks to answer any questions. We did not get
any questions with the exception of the two from last week in
commissioners court. One from miss kathy thomas in regard to precinct 446 which these maps we have presented to you three
weeks ago from now fix the problem so that is not a problem
and 446 high point has been included in one precinct because
correct me if I'm wrong but the line has gone through the
neighboring neighborhood. >> real quick about questions
coming in I was the one who asked for a little more time for folks to review and they were to talk amongst themselves. If
something percolated from those conversations and the could
reach you, but they're working it out amongst themselves one
time to see and think about it so I don't want you to think since you got no questions or few questions that nobody paid
attention or it was not discussed. >> I think it is because it's very complex and a lot of people
don't know how to look at the maps because I'm not even a professional at it. If you have specific questions he can talk
with you about that. The other question last week ,
commissioner smith talked about the fact that district lines go
through there and some of the new district lines went through there so that's going to slice that up a little bit more to
meet compliance standards and one of the standards is
obviously the districts cannot overlap in a single precinct.
the more lines we get the more precincts we have to cut. Or
create. >> clarified that it is split
amongst esd districts, amongst school districts and split
coming the past amongst commissioner precinct. The last
redistricting round we unified the commissioner precinct.
>> center mentioning when this is done I would like to capacity
to zoom in to the I can see my have an understanding so they
know whether they choose or not that's up to them but we have
access for them to see where their voting, the maps they sit on and what precincts jurisdictions and boundary lines
they follow. As soon as you have them email me and I will
circulate them I will do my part. >> we have them , but can you just look for you have to have
special tools? >> gis manager. I was
responsible for the technical aspect of reconfiguring voting districts. We are public facing data for the precincts we're
just hesitant to put it out until they have been approved by
the court. >> I wanted to make access
available to the viewing public because that was one of the
pieces I heard , we cannot see and we don't know someone you
don't know the monster becomes bigger. There are no conspiracies but when we shine extra clear transparency and
light it sanitizes conspiracies. I want to ask john because he
has so much information , is there something we or I should
be asking that would satisfy the email you have been getting
because you have 10 times the questions I have received on this item. Sorry to do this do you mind approaching the podium
so it gets captured? >> the most important thing that
would help clarify this to voters and county residents is
the maps. I recognize there could be confusion if we post
them side-by-side with the existing maps, but care can be
taken to differentiate these sets of maps by what we post,
how we post it and what we say. I think that would let people know where they stand and give them the confidence and restore
faith in the system going forward. >> beautiful, thank you. I have to double check. Anything else
to add to that? Once we vote on these things email me nice high-resolution items or links so I can circulate them .
>> those maps have been created just waiting for the approval.
>> beautiful, anything else? >> thank you.
>> jennifer, final words? >> I have nothing else unless you have questions. >> perfect, no more questions
for jennifer. Vote to approve these changes and the maps will be emailed to me so I can circulate please call the roll.
>> commissioner hammer yes, commissioner ingalsbe yes, trend commissioner smith, yes, commissioner cohen yes, judge
becerra yes. >> update next we're going j
one and then 15 and then 17 and then recess. >> 21 discussion regarding the actions being taken by the
treasurer office to implement the upcoming currency changes. >> so moved. >> second.
>>
thought will go away now we are nickel for your thoughts. The trump administration has decided to remove the penny from
circulation. So all of us treasurers and tax assessors are
working on a new plan to update our currency and distribution
for how we deal with this. We have a meeting so I thought I
would come to see if you have questions you would like me to present two associations, this will affect everything. Taxes,
payroll, everything you can think of so our meeting is not
scheduled for another week so I wanted to give opportunity to
send questions you might have to me so I can ask questions, we
can develop a game plan and bring it back to you for review. That's why I am here. >> beautiful, wonderful thank
you. I really appreciate that. It is important in talking about
money movements through county or offices I want to take the
opportunity to say whatever we can do to make things more affordable for those people paying taxes or bills or court
fees and everything else, whatever we can do to keep it
easily accessible and broadly processed with lowest fees
possible is what I will always strive for. >> so, are you all going to discuss whether to rollout .
>> that's what the conversation basically is. Is the midline
probably three cents up, under three down, that's a
conversation we will host with all treasurers. We will come up
with some consensus to bring back as our grand package. I
wanted to give opportunity to provide me with questions you might have that I can ask because it is going to be a
little bit murky for all of us. That's why I came and put that
little bug in your ear no longer penny for your thought I will
ask for a nickel. >> that's going to be interesting when we get invoices. I guess firms or will
ever have to determine. >> not only that we have to look
at the budget. If we are rounding up that's going to increase expenses. If we are rounding down. Anyway there's a
lot. >> anything else to?
>> commissioners on the site? Thank you for that and if there
is a window to get rid of the nickel get rid of all coins. I
don't care. >> thank you very much. >> our auditor just had a stroke.
>> I know that does not happen. Now we are going j 15, 17 and a
break. >> j 17
discussion and possible action to approve a resolution expressing intent to reimburse the county for project expenditures for the acquisition, construction, reconstruction or renovation of county buildings, for
administrative offices, judicial facilities, public safety facilities, and an animal shelter and the acquisition of land or an interest in land necessary therefore in an amount
not to exceed $100,000,000 from proceeds of future tax-exempt obligations to be issued by the county. >> so moved. >> second.
>> someone signed up to speak. Looking for the form. In person
. Absolutely come on up. State your name and title for the
viewing public . >> sorry I did not fill out a
form. When them is kate johnson chair of the cleburne house
commission. It is a log house okay so I am here to
respectfully request support for funding the replacement of the
roof on the house. A very historic property owned by hays
county. We are seeking approval to move forward with a quote from on point roofing in the amount of $34,956.43. This is
not a routine maintenance request. This is an urgent and
essential reservation effort for one of our, one of hays county
most treasured historic sites. Constructed in 1850, the
cleburne house is a rare surviving example of a four pen
dog trot log home still standing on its original site. It is a
recognized national register of historic places listing. State
and to cody's landmark and a recorded texas historic
landmark. Few structures in the state carry all three of these honors. Today the house is closed to the public because of
the deteriorating condition of the wood shingle roof. Water
infiltration is threatening structural integrity of the building and placing this irreplaceable piece of our
county's history at risk. We understand that budgets are
tight, we don'tmake this request lightly. The urgency of
needed repairs combined with specialized nature of the historical restoration work makes it difficult to obtain
multiple quotes within a reasonable time frame. On point
roofing has the experience , availability and qualifications
to perform this work correctly and in line with preservation
standards. By proving this funding you're making an
investment in hays county heritage your help will support
an irreplaceable historical landmark protected from further
deterioration and allow it to once again serve as a cultural
and educational resource for the citizens of hays county and
future generations. Thank you for your time and your consideration. And your ongoing support of historic preservation
in hays county. >> beautiful , thank you, well done. Is the intent to replace with more wooden shingles?
>> yes. >> how long do they last? >> hopefully the rest of my life.
>> you can still outlive me so we can't really use that subjective quantitatively. >> I would think 75 years.
>> the wooden shingle has a 75 your life that's magnificent. >> I said the same thing. We went out and reviewed the log
house such an amazing piece of history. Claiborne kyle was the
reason why the city of kyle got its name. There was talks of the
city buying it but they wanted to move it because it's not in the city limits it is in the county so they wanted to move it
and that would've affected the integrity of the building. We are talking about miss johnson who comes in. She gives and
gives to us so this is the one thing she has been asked to ask
for the court. I know that they're doing some type of
grants to work on other areas that need help and preservation
so this is the ask from the county. >> yes. >> commissioners anything?
>> fully supportive. >> in there you go, thank you so
much. Please call the roll. >> commissioner cohen yes commissioner smith yes commissioner ingalsbe yes
commissioner hammer yes judge becerra yes.
>> 217 and then go on a break. >> very good 217 discussion and
possible action to approve resolution expressing intent to reimburse the county discussion and possible action to approve a resolution expressing intent to reimburse the county for project
expenditures for the acquisition, construction, reconstruction or renovation of county buildings, for administrative offices, judicial facilities, public project expenditures for the acquisition construction reconstruction or
renovation of county buildings for administered of offices judicial facilities, public safety facilites and animal shelter and acquisition of land or an interest of land necessary
therefore in amount not to exceed $100 million from proceeds of future task exempt obligations to be issued by the
county. >> so moved and second. >> would you like to frame this
one? >> good afternoon as mentioned
earlier in the presentation this item is to allow for the county to move forward with some of the priority projects identified
with the intention of reimbursing our general fund
with future debt proceeds. Russell have the bond council
that is here, she worked with general counsel to draft the
reimbursement resolution so if there are questions about specific language in the resolution she is here to answer
those questions. >> any questions for julie?
>> I would clarify in anticipation of 100 million in
spending on vertical we spent that in the underlying tax rate
for the year. >> yes. That is correct.
>> I know members of the court knew that but I wanted to make
sure the general public was aware. >> commissioners anything for julie you want to ask? Anything
on the site? We have beat this up well enough this will go out
for the viewing public. This will go out we will seek certificates of obligation well north of $100 million worth of
buildings , the priorities were mentioned in a earlier
presentation and this motion is , want to recap in a tidy way?
for the viewing public? Nongovernment talk. >> approve resolution with the intent to reimburse general fund
for any expenditures we may expense between now and issuance
of the future debt obligations included in our current tax rate
in the fy 26 budget. >> perfect. >> julie did you have anything you wanted to add?
>> making it tidy for reimbursement in the interim.
wonderful and thank you please call the roll.
>>> all right, here we go. Back from a short recess. People
wanted to do special things and they did them we are back let's
continue the operation. As we move on let's start right on
the roads. Who gave me this note by the way? Consider it done hi
four, five, seven and then the rest top to bottom. I four,
five, seven back up to one.
>> I 4. >>
discussion and possible action to authorize the execution of a professional services agreement between hays county and lja engineering, inc. To provide right of way acquisition
services for the fm 2001 gap safety improvements project in precinct 2 >> so moved.
>> second. >> motion and second and a catastrophe going on over there with our pio, just teasing.
>> the agreement for the right-of-way. >> please call the roll. >> commissioner smith yes,
commissioner cohen yes, commissioner ingalsbe yes, commissioner hammer yes, judge becerra yes, I-5.
>> discussion and possible action to authorize the execution of a professional services agreement between hays county and lja engineering, inc. To provide right of way
acquistion services for the yarrington road (rm150, fm 110) extension, segment 1 and segment 2 precinct 3 project.
>> so moved. >> second. >> commissioner hammer anything to add? All right. Please call
the roll. >> commissioner hammer yes,
commissioner smith yes, commissioner ingalsbe yes, commissioner cohen yes, judge becerra yes. >> I 7
discussion and possible action to approve the selection of lja engineering, inc. To provide row coordination services for the darden hill road/cr 162 project in precinct 4; and authorize
staff and counsel to negotiate a contract.
>> so moved. >> second.
>> anything to add? >> the highest priority project in my precinct out of the ceos in front of the new high school.
>> commissioner smith yes, commissioner ingalsbe yes,
commissioner cohen yes, commissioner hammer yes, judge becerra yes. >> I 1 hold a public hearing
with possible action to establish a no parking zone along windy hill drive for the valor school. >> open this agenda item for public hearing anyone wishing to
speak for or against the agenda item please approach the podium.
I see no movement I will close the public hearing. Anyone else?
>> make a motion to establish a no parking zone along windy hill
drive for the valor school. >> second.
>> please call the roll. >> commissioner smith yes, commissioner cohen yes, commissioner ingalsbe yes, commissioner hammer yes, judge becerra yes.
>> I 2 discussion and possible action to call for public hearing november 18, 2025 to establish no parking zones
during specific times monday through friday from 6:45 a.m.
until 7:40 p.m. And 2:45 p.m. Until 3:30 p.m. Along tubman
drive smithsonian lane and niagara falls lane.
>> second. >> please call the roll. >> commissioner ingalsbe yes, commissioner hammer yes,
commissioner eight yes judge becerra yes >>
discussion and possible action to authorize the execution of a professional services agreement and work authorization #1 between hays county and hntb corporation for general engineer
consulting service related to road projects
identified in authorizing the sale of 2025 certificates of obligation during the september 30, 2025, commissioner court agenda item I-1, and authorize a discretionary exemption pursuant
to texas local governmnt code chapter 262.024 a4.
>> so moved. >> second. >> anything else to add? >> ready. Call the roll.
>> commissioner cohen yes, commissioner hammer yes, commissioner ingalsbe yes, commissioner smith yes, judge becerra yes. >> I-6 discussion and possible
action to authorize execution a professional services agreement between hays county and wsb llc to provide right-of-way
acquisition services for the old kyle road project precinct number three. >> so moved. >> second. >> commissioner ingalsbe yes,
commissioner smith yes, commissioner cohen yes, commissioner hammer yes, judge becerra yes. >> I-8.
discussion and possible action to approve the selection of right of way texas, llc to provide row coordination services for the goforth road project in precinct 1 and 2; and
authorize staff and counsel to negotiate a contract.
>> so moved and second please call the roll.
>> commissioner smith yes, commissioner hammer yes, commissioner cohen yes, commissioner ingalsbe yes, judge becerra yes. >> I-9.
discussion and possible action o to consider the release of the maintenance bond extension #61bsbid3153 in the amount of $80,548.01, and the acceptance of the roads into the county
road maintenance system for heaton hollow subdivision
>> so moved. Second. >> just like that your done
please call the roll. >> commissioner smith yes ,
commissioner hammer yes, commissioner ingalsbe yes, commissioner cohen yes, judge becerra yes. >> what else, aaron? >> j 9.
>> that go to j9. So I can kick erring out of here in a positive
way. Help aaron leave. >> discussion and possible action to amend the fee schedule for the transportation
department.
>> so moved. >> second. >> state your name and titles for the viewing public. >>
>> aaron jones interim director transportation. This agenda item is for fees for inspection work we do for subdivisions. Brandon
will be the best he has been working on it for quite a while.
>> beautiful, think it. >> construction plan review and
inspection fee, we don't have and currently every other county around us does charge so what we did was look at those and try to
find something that matches we are charging $500 flat fee going
to development services because they take these in and also
support us and will be two dollars per linear foot for
public and private anything we review and inspect. >> how do you compare those dollars to the neighboring
counties? >> equal, a little bit less ,
kendall county does 1000 , kendall county does $1001 per linear foot, williamson county , I had it written down. We took a
sample project and ran it through every other county and municipality fee schedule and got the number so kendall county
sample would be 24,100 , kendall was 25,100. And williamson is
2620. >> caldwell next door?
>> I don't have caldwell. If you look at the cities we have
you are getting into 76,000 , 145,000 and , 145,080 2000. So
we are much cheaper than others and right in line with the
counties around us. >> grade and we need to charge
for these things so the team can be properly supported. What else
would you like to add? >> director of development services. The only thing I would do in the endeavor this fee they
are proposing is a new fee the county has never charged nor
assessed for this. So it is long overdue for the time and effort
. Most of the roads are inadequate.
>> commissioners anything to add? >> we have one more fee, for the license agreements working
right-of-way. It will be 5% of the total construction cost of
the project to be capped at $2000 in line with development services. >> good and that is a place we
can squeeze if they're doing it wrong so that's good. >> these will assist inspections on roadway inspections. Two
dollars per linear foot will assist with crews and help with
outside. That's the oversight of them and actually on-site
inspections. >> I would say we have run into issues on county and the state has brought it on state roadways
on the development with licensing agreements. Where they
don't maintain the sign are we have expectation or they put rocks around it in the right-of-way where we cannot do
mowing something those agreements in place really makes a difference. >> perfect, thank you, good job
leading the conversation and thank you please call the roll.
>> commissioner hammer yes, commissioner ingalsbe yes, commissioner smith yes, commissioner cohen yes, judge
becerra yes. >> customary for me to go
through the pews what items do you want me to hit? Say them out. J 6 please.
>> discuss, consider, and take appropriate action regarding a
resolution relating to a public hearing and approving financing by tarrant county cultural education facilities finance corporation for the benefit of seton hays hospital, owned
by ascension seton an affiliate of ascencion health alliance d/b/a ascension and related matters in compliance with section 147(f) of the internal revenue code.
>> so moved. >> motion and second. State your name and title and explain to folks what this is all about.
>> my name is
we held a hearing on october 17 , a public hearing after
publishing notice in the san marcus daily record asking that
we would have a hearing and essentially the mechanism excuse me let me back up. This is a way for hospitals and other large
nonprofits to be able to access tax-exempt financing. Here, what
is happening is ascension health is planning to spend $10 million
at the kyles hospital and have a list that will cover.
essentially they will cover pediatric beds, patient beds, a
new nurse on call center et cetera. Essentially what it is
doing the tarrant county cfc will be issuing the bond I'm
sorry go on. >> when you say letters we have
to know what they mean. >> unfortunately it is convenient but it is predictable I won't let you speak snake by.
>> tarrant county cultural. >> you don't have to have
everything memorized. Facility finance corporation thank you.
so essentially that finance corporation would be the conduit
for issuing the bonds and we are hoping to spend nearly $1.6
billion across four counties in texas, 10 million here in hays
county and essentially the ascension health , we held a
public meeting on october 17 with no opposition to the public
hearing . Now we are asking commissioners court to do the
act of approving the resolution that basically says this has
happened again this will not have any indication or create
obligations for the project or , for the project for the county
or any cities inside the county and there is a project will live
and die by its own revenues internally and it does not
implicate the awesome ratings the county has four bonds.
>> the reason for coming to hays county and mentioning tarrant county is because this organization is headquartered in
tarrant county? I was tarrant county used? >> I believe 10 years ago ascension health issued bonds
through tarrant county so basically it is an efficiency and time-saving mechanism because tarrant county financial
corporation has already done it before. >> in these counties you need to get permission because you are
pursuing the tax-free perspective? >> yes . Tax-exempt. By giving approval what it does is
allowing the project to move forward here. Yes it is like $10 million for the hospital in kyle.
>> how can I squeeze on those people to make it more?
>> I think that is a question for the client but essentially
the financing, they can move money around within texas so
there is up until $1.6 billion spent in the counties in texas
those are like williamson, travis and hays county. Let me
pull up the last one.
>> I have a question. You said hays county is one you can
operate in. >> one of the counties they choose to expand. >> is the purpose behind the
financing because they have to go through you all because they
don't have the ability to do bond financing on their own? >> so it is a private entity because it is a private entity
they are not allowed to issue their own bond we have to have
the conduit bond. >> that is my understanding so my question is what other conduit financing do you do? >> ascension health? >> tarrant county the tarrant
county? >> I'm here representing ascension health. >> the reason I ask is we have a
number of jordan will tell me I am far afield on this but this
is a question I have for the county. We have a number of
libraries with library districts but statutorily they are prevented from bonding even though they have a tax base.
they have a tax rate but they do not have the ability to bond and
if there was a conduit organization where they could they look to put facilities in here. I'm wondering if they
have other clients similar to that. >> I do not know that answer. >> wonderful and we have housing
corporations that do the same. Any questions?
>> I would like to know what improvements they are making.
>> 2.5 million , for a new nurse call system, 1.2 million
radiography florals go pick cody vascular system, $1.2 million
for other equipment, $500,000 surgical sterilization and another $500,000 for miscellaneous additional
equipment, patient monitoring beds, equipment and incubators
et cetera. >> no actual expansion just
equipment. >> well I am not sure for
example some of the equipment might need more room but it seems to be mostly for the equipment.
>> okay thank you. >> with extra equipment because
they are level two trauma can they move to level one? I guess
they probably have have residency. >> not sorry about that. >> I believe I was already
pursuing that conversation and we can help them get to trauma
level one if we got ut medical to do rotating tours which is
not far enough and you can pull it off I would love to see that.
thank you so much for being so awesome. You only missed one little letter well done take as much please call the roll.
>> commissioner smith yes, commissioner hammer yes, commissioner cohen yes, commissioner ingalsbe yes, judge becerra yes. >> back over here anything?
grants? Yo are good with watching the rodeo? Okay very
good. Start at the top. Let's go to g 1 and plow through it.
>> approved payments of county invoices. Approve the payment of
juror disbursements. Approve the payment of united healthcare and
texas association of county healthcare claims and authorize additional disbursement amount not to exceed $500,000 to
healthcare claims account. G 4
approve the payment of the november 15, 2025 payroll disbursements in an amount not to exceed $4,600,000.00 effective november 15, 2025, and post totals of wages,
withholdings, deductions and benefits on the hays county website once finalized.
g5. Accept the delivery of the auditor's office quarterly internal examination reports.
g6. Amend various departmental operating, special revenue and capital project budgets in preparation for fiscal year 2025 fiscal year-end financial reporting.
g7. Authorize payment to card service center in the amount of $2,314.41 related to travel expenses for the county administrator to attend the 2025 international city/county
manager association (icma) annual conference where no purchase order was issued as required per the hays county purchasing policy.
g8. Authorize the execution of a resolution certifying that hays county has approved a $13,000.00 grant for the fiscal year 2026 budget year to combined community action (caa) in
support of providing home-delivered meals to
homebound persons in the county that are elderly or disabled.
g9. Accept donations totaling $1,900.00 on behalf of the hays county child protective board and amend the budget accordingly.
g10. ÷authorize payment to si mechanical in the amount of $534.88 for the juvenile detention center related to fy25 restroom facility repairs in which no purchase order was
issued as required per the hays county purchasing policy and amend the budget accordingly.
g11. Authorize information technology to purchase a replacement sonicwall device and application software from shi government solutions, inc. And amend the budget accordingly.
g12. Authorize facilities and resource management to accept a $1,253.96 in-kind donation, consisting of materials and labor, from christus trinity clinic - san marcos for cosmetic
improvements to the building located 401-a broadway and amend
the budget accordingly. G13. Approve facilities and resource management to replace the damaged thermon building employee entrance door in the amount of $17,606.05 and amend
the budget accordingly.
g14. Approve out of state travel for development manager, michael berlad, and development coordinator, carolina bedolla, to attend the mygovernmentonline (mgo) national conference on
december 10th - december 12th 2025 in new orleans, louisiana.
g15. Authorize the acceptance of a grant award from the fy24 texas parks and wildlife department, recreational trails1 grant program in the amount of $300,000.00 and amend the budget
accordingly.
g16.ratify the acceptance of a grant award from the texas comptroller, fy26 rural law enforcement - prosecutors office grant program in the amount of $275,000.00.
g17. Authorize the execution of a contract termination notice to hntb corporation related to the professional services agreement executed on july 8, 2025, for general engineering consulting
services for hays county road projects.
g18. Authorize the execution of a proposal with ultimate kronos group (ukg) related to the countywide timekeeping system for an additional 35 licenses under their new omnia partners
contract 24-6833.
g19. Ratify the award on october 14, 2025, of ifb 2025-b11 cemetery maintenance to reject all bids and authorize the purchasing department to resolicit for bids.
g20. Approve specifications for rfq 2026-q01 construction, engineering, & inspection (ce&I) and testing services pool and authorize purchasing to solicit for proposals.
g21. Approve specifications for ifb 2026-b03 cemetery maintenance and authorize the purchasing department to advertise and solicit for bids.
g23. Approve specifications for rfp 2026-p01 flood warning system maintenance & repair services and authorize the purchasing department to advertise and solicit for proposals.
g24. Approve specifications for rfq 2026-q05 right-of-way acquisition service pool and authorize the purchasing department to advertise and solicit for proposals.
g25. Approve specifications for rfq 2026-q04 project management services pool and authorize the purchasing department to advertise and solicit for proposals.
g26. Approve specifications for rfq 2026-q06 utility coordination services pool and authorize the purchasing department to advertise and solicit for proposals.
g27. Approve specifications for rfq 2026-q02 professional engineering services pool and authorize the purchasing department to advertise and solicit for proposals.
g28. Authorize the execution of contract renewal one for ifb 2025-b02 hauling solid waste with waste connections lone star, inc. And texas disposal systems, inc. For one (1)
additional year, with the proposed price changes from texas
disposal systems, increasing their overall contract 6%.
g29. Authorize the execution of contract renewal three for ifb 2022-b19 metal beam guard fence (mbgf) materials with texas corrugators.
g30. Authorize the transportation department to purchase a jack hammer from grainger in the amount of $5,838.82, and amend the budget accordingly.
g31. Authorize payment to shi government solutions in the amount of $9,158.40 for the parks department, and $912.90 for the facilities and resource management department, where no
purchase order was obtained as required by the hays county purchasing policy.
g32. ÷approve the hart intercivic, inc. Quote for ballot stock in the amount of $15,550.00, and authorize a discretionary exemption pursuant to texas local government code
chapter 262.024 (a)(7)(d), effective october 1, 2025.
g33. Authorize payment to card service center in the amount of $543.18 related to a hotel stay for the 2025 judicial summit on
mental health, where no purchase order was obtained as required by the hays county purchasing policy.
g34. Ratify the county administrator's execution of the commercial insurance proposal from marsh & mclennan agency related to the gay ruby dahlstrom nature preserve in the
amount of $9,582.75; and authorize a waiver of the
purchasing policy for obtaining three quotes.
g35. Authorize the execution of a second contract extension to the professional services agreement between hays county and christus santa rosa hospital - san marcos, for a period not
to exceed thirty (30) days from the current extension
expiring october 31, 2025.
g36. Approve utility permits.
g37. Authorize approval of the property insurance renewal policy from texas association of counties risk management pool (tac rmp) with an annual premium of $436,144.00.
g38. Authorize approval of the casualty insurance renewal policy from texas association of counties risk management pool (tac rmp) with an annual premium of $791,543.00.
g39. Approve and execute the sheriff's office equitable sharing agreement and certification in accordance with the statutes and guidelines that govern the federal equitable
sharing program.
g40. Authorize a waiver to the purchasing policy for obtaining three quotes and allow the health department to utilize prevent a litter of central texas (pals) for a microchip and
vaccine clinic to be held on 11/08/2025 and amend the budget accordingly.
g41. Approve the spookctacular power the tower event on the courthouse grounds sponsored by kzsm to be held on october 28th, 2025, that shall include commercial vendors.
>> so moved. >> second. >> we have a edit, g 19? >> stephanie hunt purchasing
agent. Instead of ratify it needs to say rescind the award
instead of ratify. >> g 19 is supposed to be
written as resend instead of ratify for the viewing public. G
19 one edit.
>> I don't know if you want me to explain. >> I think we are okay. >> g 1 I was asked to review
audit for additional invoices so I would like to add them, the vendor is well have llc services october and november for the
jail and juvenile detention center total paid $672,183.92.
>> you going to read the other three? >> that's the total. >> perfect, thank you.
>> judge I have a correction on g 40. To change the date of the
clinic and it will be december 6. There are some staffing
issues. >> edit to december 6 for the clinic. >> I want on nine to thank san
marcus lions club mary fulton and we have heard their names
multiple times and I appreciate them finding value in the child protective order. >> beautiful well said. Anything
else? >> one other question matthew on
40, I know we have more of these I assume that is included in
your budget. Is there a way instead of bringing back each one of these individually we know they're going to do six
for the year or whateve we can do one and worry about the scheduling and you don't have to bring back to court?
>> I agree with that efficiency. I tell people to do that all the time. >> hays county health department
director. We want to make it as efficient as possible the problem is purchasing standards we had to seek out three quotes,
but the way we worked it out is through social services
contract. We have negotiated five events like this across our
fiscal year. Going forward this will be the last submitted this way all others will be done to social services contract.
>> thank you. Nothing else please call the roll. >> commissioner hammer yes, commissioner ingalsbe yes,
commissioner smith yes, commissioner cohen >> recusing from g 20, 22, 24, 25, 26, 27 and yes to everything else. >> judge becerra.
>> yes. Let's continue on miscellaneous.
are we on two or three? Two is done and we are on j3.
j3. Discussion and possible action to adopt the hays county drainage criteria manual. >> so moved.
>> second. >> motion and second. Mr. Pacheco you are up. >> thank you court and judge. So
again after additional public consideration bring it back to the court the only other thing I will say is I did want to make
it apparent any additional changes we do seek we can
administratively modify this is a living document so as we
implement and move forward you can use it for practical matters. So we will amend internally moving forward.
>> okay anything else? Please call the roll.
>> commissioner cohen yes, commissioner ingalsbe yes, commissioner smith yes, commissioner hammer yes, judge
becerra yes. >> five is next? >> I think seven. >> did we do five? Let's do
five. >> j five
discussion and possible action to authorize the execution of the equipment calibration & maintenance program agreement between hays county and farrwest pursuant to buyboard contract
#769-25, in the amount of $14,469.72
annually, effective october 1, 2025.
>> so moved. >> second.
>> any questions? Please call the roll. >> commissioner smith yes, commissioner hammer yes, commissioner cohen yes, commissioner ingalsbe yes, judge
becerra yes. J 7
discussion and possible action to amend the fee schedule for the development services department. >> so moved and second. >> okay mr. Pacheco one more
time. >> easier to turn around director development services. Judge and commissioners the fee
schedule item we have brought to you today is predicated on one
major aspect we are proposing changes to. I will highlight every change. I will start there first. Some changes we are
looking at making starting off with subdivisions we are proposing a decrease in voluntary cemetery plan
application fees sitting at $500 per lot unit track. We are
proposing to reduce to $50 a lot part of a piece of property
mainly predicated to see if that will help incentivize more developers to engage in the plan process with us. In the past
year or so we have had the fee big push back is the development
community not wanting to pay that much of a fee upfront so
the initial strategic idea is to have it reduced just to get
people in the door. It is a review process that takes a good
amount of the same effort that a plat application process does so
that is one thing we continue to do. We are changes with these
right now we have that separate we have published or posted and written notification for certified mail fees the request
is to consolidate a flat fee for notification requirements and for the processes. There is additional fees with a slight
increase right now we charge 1500 all development applications with the service proposing today to increase
additional dollars to $2000 in those are. Changes we are and
what you mention mainly so I will not take very much time
during the last legislative session there were new laws passed that affected local jurisdictions and charge fees.
those changes , the big highlight points is changes how
local jurisdictions can inspect permit fees for certaintypes of
businesses. There are other changes we inches of such as
statewide mobile food permitting system that is something the court and county needs to be prepared for july 1 however that
will be another fee schedule discussion in may. Also the new
law changes outline fee caps, structure of the fees and how we
are supposed to be charging. >> that's the kind of stuff I
love. Overcommit overburden someone trying to make a living
you cross the road now you need a new permit you need new bureaucrats. So I'm happy to hear their doing this I heard it
and I rejoiced. If I had a beer in my hand I would've opened it. >> goes into effect july 1.
>> what a gift. >> that is lost revenue. >> yes we will no longer be able to permit or review the
applications. Those food vendors would apply to the department
services. >> we will find other ways to compensate. >> that's part of the proposal. Ultimately in summary under texas health & safety code
restrict the way local departments operate mainly including how we can charge fees and conduct reinspections. So we
must adjust how we issue permits and recover costs retaining
staffing investigation more so on the environmental health
standpoint we provide oversight and coverage . Persistence to
the county and citizens of the municipalities we regulate the city of waverley, the city of kyle. What I propose to you
today is one big change we are proposing with the fee schedule is allotting services when it comes to the structure of these
permits so that's big change number one historically food
establishment permits have been categorized by number of employees whether two or three. What we are proposing after
discussion seeing state law confirming with legal it is recommended we move forward with what the department of state
health services categorizes and that is broken down by three categories based on gross annual volume of food sales. 0 to 49
50,000 50,100 49,909 50,100 $49,909 and anything over
150,000. The state also has a cap on how much you can charge
for those applications, assessed at $773 as internal decision we
did not want to go to the max you proposing a breakdown of $250, 450 and 650 for those categories.
>> that would last for one year? >> yes or. >> 250, 450 and 750 ?
>> 650. >> every year as a fee for renewing. >> correct for a new
establishment when you are submitting a new permit depending on what time that is it would be indicated by what
you were forecasting your gross annual volume of food sales if
it is a full year half-year quarter of the year we are working of the business providing accurate information.
>> you will generate the fee accordingly? Six months of the bill is in half? >> predicated on what the
applicant gross annual volume. So if I buy a $250 permit and
half the year is gone what I you have the bill or pay for the
full year? >> it is not permit at the time is the full cost six months or one year.
>> so theoretically in this scenario six months with a
permit for the price of 12 months. Why don'twe fix that to say per month is what you pay?
>> we can take that into consideration. We would have to factor in the prorate. >> halfway through the year
charge half of the fee. >> we can take that into
consideration. It would be a new way of how we assess those fees.
>> just the update hey if it is 10 months and why pay for the
whole year? Charge for two months. Divide by 12.
>> I will double check with legal if that's something we can do pursuant to the health & safety code but that is
something we can also slip in with the amendment or future amendment. >> january 1 or october 1?
>> january 1. This is something I failed to highlight and want
to make sure it's covered. The transportation fee schedule. All
proposed fees we are talking about today will go into effect
january 1. >> people doing sights and sounds or anything christmas related. Thanksgiving. They want
to do a food booth, selling hot chocolate whatever. And then they come to you and pay for the whole year's worth of permit
for two weeks do you see my concern?
>> yes and it will clarify that's based the fee described is for retail food establishments. Those that you
are describing that's a fee not charged those rates those events
have a different fee based on the fee schedule. >> that is good clarification. I am thinking through what you are
saying. >> for that temporary event it
would be the same $52 for that event that's good up to 42 days
and that's in line with the department of health services.
>> that's good I still want to review pay for a whole year. >> I can definitely look and get back to your.
>> I want to be fair because you've got to know those people trying to sell something to feed their families do need to be
paying extra $500. Needlessly
>> part of the process is working with people to see what
changes in my biggest reservation is I don't know if
we can do that, but I can check with legal council to make sure
and get your response right away. I will say time is of the essence for this request. Based on state changes in legislative
changes there is the new state policy that requires have any
publishing or adopting a new fee schedule we have to have 60 day notice to the state of changes so we look to go effective
january 1, 2026 we would need consideration and adoption today by the court that way come tomorrow we can send this to the
department of state and health services the current fee schedule which is required for them to have a repository of our
fee schedule and every local health jurisdiction fee schedule in the state of texas. >> commissioners?
>> move for adoption and if we want to make it vigil adjustments we can always come back. In order to get there by
january 1. >> I agree. >> the fees are determined by the rest of the year how much
food sales? >> that's correct. >> if they were halfway through the year they would probably
only think they would have half of a revenue source coming in so the fee would be quite a bit less so that's a way to
prorate. >> yes if 70 comes in and says maybe in september or october and through december 31 when
applications expire if they assess their own personal annual volume and food sales for the three months less than 50,000 we
would take the application and have them under the permit type
$ccl. >> I know it's like I have lived and I have known sizing a nickel down the middle so you
may not think it's a lot and overall it's a good deal. Put a lower dollar amount it is a good point but fat chance you will
sell 25 or $.50 or a snowcone, these low dollar items that you
would even sell 50,000 in one year. So to think you only have
three months of a window to try to make a living as that's what people do and recharge them a full year that's what I'm
referring to. Everything we can do to be useful including the
dollar amount equation I understand. I think I would hate to charge them a for your. >> real quick the department
will come back in may for another revision effective july 1 we will no longer permit or take applications for mobile
food applications. Between now and may we will look into that
aspect but it is still in a chance we can consider if the
prorate the state allows late fees which we will not take at
this time but that is something we can consider. Notice foods, subdivision and permitting and everything else we carry under
the umbrella is up for discussion. >> good, commissioner cohen. >> I'm okay too. Thank you for
meeting with us prior. Some of the fees are lower than what the state allows. >> that's correct we are
allowed to go to the maximum profit categories or one of $733
but we did not feel that. >> I'm glad you're sensitive to the demographics we represent. Just because you can
doesn't mean you should. >> if there are no other considerations please never hesitate in the future to
discuss. >> let's call the roll.
>> commissioner hammer yes, commissioner ingalsbe yes, commissioner cohen yes, commissioner smith yes, judge becerra is. >> now the fire marshals.
>> j8. Discussion and possible action to amend the fee schedule for the fire marshal's office. >>
on the fee schedule increasing by 20%. How does that compare to local jurisdictions around us? Not trying to be the most
expensive. I will give an example. $465 $100,000 for the
property. Next door 0 to 5000 square feet $465 . Next door
evaluation is up to 100,000, they're charging and if it's
up to 150,000 they charge 615. Try to build a 5000 square foot
home in this county you're going to get past 150,000.
compared with the county they charge 785 for the same thing we
charge for 84. >> good, thank you. Any
questions? Going up. >> I am just excited to see in
the fee schedule we have third-party inspection and I appreciate the fire marshal's office for looking at that, one
of the things mentioned in the budget process and for three years now with development services and transportation I am
hoping transportation will bring forward a similar action related
to the road inspection and I'm glad to see it is included in
this for the first time. >> well done please call the roll. >> commissioner cohen yes,
commissioner smith yes, commissioner ingalsbe yes, commissioner hammer yes, judge becerra yes. >> j 10.
discussion and possible action to authorize the execution of a three (3) year subscription agreement and authorize payment of year 1 invoice between hays county and knowledgecity, inc.
for $26,134.50 effective november 3, 2025
>> so moved and second. >> anything else please call the roll. >> commissioner smith yes, commissioner hammer yes, commissioner ingalsbe yes,
commissioner cohen yes, judge becerra yes. J 11.
>>
j11. Discussion and possible action to authorize the execution of a professional services agreement between hays county and melinda sterns, rph to provide consultant pharmacist
services to the hays county health department, effective
october 22, 2025, and authorize a waiver to the purchasing policy of obtaining three quotes.
>> so moved second. >> mr. Gonzalez will you explain? >> matthew gonzalez hays county health department director. The health department operates a
class d pharmacy, operates in public health clinics and we
need a pharmacist in charge to operate that class d pharmacy.
the previous pharmacist is busy, pharmacists are in high demand
and she can no longer travel from dripping springs to san marcus on a monthly basis so she has helped me find an
alternative replacement which is pharmacist melissa stearns
operating for the next year as pharmacist in charge. >> perfect and thank you for to giving that. >> commissioner smith yes, commissioner hammer yes,
commissioner ingalsbe yes, commissioner cohen yes, judge becerra yes. >> is open j 13.
>> j 13.
discussion and possible action to authorize the execution of a buyboard member authorization form and service agreement a between hays county and alsco uniforms to provide uniform
rental and laundry services for our transportation and sheriff's departments. >> so moved. Second. Please call
the roll. Do you want to say something? We keep moving.
>> stephanie hunt purchasing agent. In backup there was the
board service authorization form number nine, there are some
changes to that. I'm going to read what the changes are.
number nine should say service authorization shall remain in full force effective commencing on the date signed by since june
3, 2020 unless otherwise terminated. So, originally it
was , this is pursuant to the by board contract, they lost a
total of three years going for one year than a renewal. So we tried to write it pursuant to the renewals. Due to the upfront
cost that it takes for them to get uniforms made and done they
would like for us to do the full term of the contract that if we need to terminate there are terms and conditions to
terminate. For lack of service. >> it won't cost us anything
for the edit? You are clear with that? Awesome and thank you for
that stephanie please call the roll. >> commissioner cohen yes, commissioner ingalsbe yes, commissioner hammer yes, commissioner smith yes, judge
becerra yes. >> j14. Discussion and possible action to award and execute a contract for ifb 2025-b08 vehicle repairs - hailstorm may 2024 to all-pro dent company,
and amend the budget accordingly.
>> so moved. Second. Please call the roll. >> how many vehicles were damaged? Just out of curiosity because the overall cost , how much to the county fleet?
>> we had approximately 40 some odd vehicles damaged that were covered under insurance and approximately 10 to 15 were not
covered under insurance, but some were a lease vehicles we have to get those repaired. The other ones we got in proposas
ahead of time so we roughly new. Fema is involved because it was
a natural disaster so we are getting back to 75%. Once
covered on insurance we get back 75% of the deductible and the ones not covered we get up to 75% back of the estimated cost
of those. >> thank you. Please call the roll. >> commissioner smith yes,
commissioner hammer yes, commissioner ingalsbe yes, judge becerra yes. >>
j16. Discussion and possible to authorize the execution of an esri small municipaland county government enterprise agreement (sgea) between hays county and esri (environmental systems research institute, inc.) regarding
countywide gis services, and authorize a discretionary exemption pursuant to texas local government code 262.024 (a)(7)(d) and amend the budget accordingly.
>> so moved. Second. >> anything to add to it?
>> not at this time, I will make one clarification more of a heads up. This is just another I don't is a annual but every
three year renewal for all gis services which touches a wide
group under the county umbrella. We were notified with the latest
three year contract taking the next three years keeping locked
in the current rate but after the next term we will see increased services. Three times the amount of what we currently
pay so that require us to start planning to pay for the cost of
those services. Is a current three-year contract.
>> anything else? >> no. >> please call the roll. >> commissioner cohen yes,
commissioner ingalsbe yes, commissioner smith yes, commissioner hammer yes, judge becerra is.
>> 218
discussion and possible action to authorize the acceptance of a grant award from the texas indigent defense commission, fy26 improvement grant program in the amount of $410,083.00.
>> so moved. Second. Please call the roll. >> commissioner ingalsbe yes, commissioner cohen yes,
commissioner smith yes, commissioner hammer yes, judge becerra yes.
j 19? I did not mark it on the page. >> we opened it with 220. Let's open l 1.
>> discussion related to the hays county inmate population to include current population counts and costs. Smoke my
office gets the job report every week and joe capacity is 464 inmates, jail standards are commandos holding approximately
10% open which lowers capacity to 417. The jail daily average
was 575 with peak 581 october 21. The estimated cost for
outsourcing inmates this week is $106,907. The average number of
outsourced males is 149 and all of that is a lot of money the
numbers are coming down thank you, sheriff and das office and
judges and thank you everyone else who touches the space.
paper ready inmates we have 32,