I.a 0 -J COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Commissioner Williams OFFICE: Precinct Two C MEETING DATE: Sept. 115, 2010 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action to provide updated information of incident at airport that released raw sewage at Dugosh Aviation and other possible sites at the airport. EXECUTIVE SESSION REQUESTED: NAME OF PERSON(S) ADDRESSING COURT: Commissioners Williams & Letz ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER - NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: @ All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. Page '1 of 1 Bill Williams From: Bruce McKenzie [bruce.mckenzie @kerrvilletx.gov] Sent: Tuesday, September21, 2010 5:44 PM To: Bill Williams; jletz @co.kerr.bc.us Subject: FW: Airport Flooding FYI Bruce McKenzie 0,1,a t:rr s 4 e. Airport Manager Kerrville/Kerr County Airport ` (830) 896 -9399 From: Bruce McKenzie Sent: Tuesday, September 21, 2010 5:43 PM To: Stuart Barron; 'Josh McKay'; Shane Hayes; Dieter Werner; Donovan Banta; Charlie Hastings; Mike Wellborn; Ken Archuleta; Rosa Lea Melton; Kristine Ondrias Cc: 'Corey Walters (cw717 @ktc.com); 'Fred Vogt'; 'Mark Cowden -Work (mcowden @ssbtexas.com); 'swking242 @windstream.net'; Thomas (Tom) Moser (tmoser @ktc.com); Laurie DeJohn Subject: Airport Flooding Josh (Cash Const. Co.) & Stuart (City of Kerrville), I understand that you do not agree on who is responsible for the flooding of Dugosh Aviatiorh last weekend. However, it is clearly someone's responsibility. A tenant was flooded and is in jeopardy of being flooded again. Ronnie Kramer (Dugosh Aviation) lost a significant amouht of revenue on Monday due to the flooding. He is (and has been) very understanding and reasonable throughout this whole ordeal. However, if this situation repeats itself, he will notbe! I understand that new manholes have been ordered, however what is the interim plan to as$ure that Dugosh does not flood again? He is an innocent third party in all of this. He needs to ble compensated and "made whole" because of this event. Which insurance carrier will contact Ronnie regarding this? Thanks Bruce Bruce McKenzie o us1 ° aa t .; Airport Manager Kerrville/Kerr County Airport '':s; ?• =r cos' .s4 (830) 896 -9399 DISCLAIMER: This email (plus any attachments) is a public record of : the City of Kerrville and is subject to public disclosure under the Texas Public Information Act. This email is also subject to the State Retention Schedule. 09/22/2010 Page 1 of Ray Garcia From: Tish Hulett [envinspector @co.kerr.tx.us] Sent: Tuesday, September 21, 2010 8:03 AM To: Donovan Banta; Stuart Barron Cc: Ray Garcia; Commissioner Bill Williams; David Seagraves Subject: Unauthorized Discharge at Dugosh Aircraft Service Company, 2025 Airport Loop Donovan: We received a complaint regarding raw sewage on the ground at Dugosh Aircraft. We performed a site ins{ yesterday afternoon and met with the owner, Ronnie Kramer. He indicated he found the offices and hangar,full of sewer water when they came to work Monday moming. He told us that he contacted the airport manager and crews came out to squeegee water out of the building and that crews were working on the collapsed manholes located on the Street past his hangar. Servpro of the Hill Country, a fire & water cleanup & restoration company were there to begin clean up /disinfecting the building when we arrived. Can you please tell us who is responsible for completing the Unauthorized Discharge Report — the owner, the City of Kerrville, or the contractor who crushed the manholes with their equipment? I told Mr. Kramer that I would call him back an let him know. Tish Hulett Designated Representative 0S18771 Kerr County OSSF Program Environmental Health Department 700 Main, Suite BA -106 Kerrville, TX 78028 PH (830) 896 -9021 FX (830) 792 -4903 9/21/2010 Page 1 of Ray Garcia From: Tish Hulett [envinspector @co.kerr.tx.us] Sent: Tuesday, September 21, 2010 8:08 AM To: 'Stuart Barron' Cc: Donovan Banta; Ray Garcia Subject: Unauthorized Discharge at Dugosh Aircraft Service Company Thanks. Stuart i w Int i'vlr. Kramer k now. Tish Hulett Designated Representative 0S18771 Kerr County OSSF Program Environmental Health Department 700 Main, Suite BA -106 Kerrville, TX 78028 PH (830) 896 -9021 FX (830) 792 -4903 From: Stuart Barron [ mailto :stuart.barron @kerrvillebcgov] Sent: Monday, September 20, 2010 5:23 PM To: Tish Hulett Subject: We'II be doing the spill report to TCEQ Water /Wastewater Manager 800 Junction Hwy 1 Kerrville, TX 1 78028 (830) 792 -8317 1 (830) 792 -8793 fax DISCLAIMER: This email (plus any attachments) is a public record of the Cit of Kerrville and is subject to public disclosure under the Texas Ppzblic Information Act. This email is also subject to the State Retention Schedule. s cci uro WI a r i - 4 6 C+ 9/21/2010 Ray Garcia From: Tish Hulett [envinspector @co.kerr.tx.us] Sent: Tuesday, September 21, 2010 9:32 AM To: Ray Garcia Subject: FW: Manholes at Kerrville Air Port Ray: FYI. Tish Original Message From: Stuart Barron [mailto:stuart.barron @kerrvilletx.gov] Sent: Tuesday, September 21, 2010 9:20 AM To: Rosa Lea Melton; Tish Hulett Subject: FW: Manholes at Kerrville Air Port Update '.. Stuart Barron' Water /Wastewater Manager City of Kerrville Original Message From: Stuart Barron Sent: Tuesday, September 21, 2010 9:18 AM 1 To: 'Josh McKay' Cc: Donovan Banta; Jerry Hefley; Charlie Hastings; Dieter Werner; Mike Wellborn; BMilce McKenzie; Shane Hayes; Ken Archuleta; Bill Farr Subject: RE: Manholes at Kerrville Air Port Josh At this point I have not seen any reason why the City of Kerrville should participalte financial or physical in the repair /replacement of these manholes. We have alreadyl� performed some in -kind services and I will have the guys put together a punch list Ifor your crews, but I yet to see a reason why the city would pay for these manhole repair /replacements. I have copied and pasted your most recent reply into this email chain.I So it can be part of the on going record. Please only reply to this email chain soj we can have it as our project record. Stuart Barron Water /Wastewater Manager City of Kerrville From: Josh McKay [mailto:jmckay @ccctex.com] Sent: Tuesday, September 21, 2010 8:53 AM To: Stuart Barron Cc: Donovan Banta; Jerry Hefley; Charlie Hastings; Dieter Werner; Mike Wellborn; Bruce McKenzie; Josh McKay; Shane Hayes; Bill Farr; Gary Stewart Subject: RE: Manholes at Kerrville Air Port Stuart, If the COK cannot replace the manhole safely, Cash Construction will install the manhole provided by COK. Per our conversation this morning the other two manholes have been formed to pour new diamonds around them. You mentioned risers and the fiber glass manholes are one piece and do not have riser sections. Please advise. Josh McKay Cash Construction Company, Inc. Cell: 512 - 426 -1483 Email: jmckay @ccctex.com 1 Original Message From: Josh McKay [mailto:jmckay @ccctex.com] Sent: Tuesday, September 21, 2010 8:37 AM To: Stuart Barron Cc: Donovan Banta; Jerry Hefley; Charlie Hastings; Dieter Werner; Mike Wellborn; Bruce McKenzie; Shane Hayes; Ken Archuleta; Bill Farr Subject: RE: Manholes at Kerrville Air Port When I get a schedule on the production of the manhole I will let you know. Josh McKay Cash Construction Company, Inc. Cell: 512- 426 -1483 Email: jmckay @ccctex.com Original Message From: Stuart Barron [ mailto :stuart.barron @kerrvilletx.gov] Sent: Tuesday, September 21, 2010 8:25 AM To: Josh McKay Cc: Donovan Banta; Jerry Hefley; Charlie Hastings; Dieter Werner; Mike Wellborn; Bruce McKenzie; Shane Hayes; Ken Archuleta; Bill Farr Subject: RE: Manholes at Kerrville Air Port Josh We are working on locating the compaction test this morning. Would you please for4ard me your work schedule so I notify the effected people when these manholes will be repaired /replaced. Stuart Barron Water /Wastewater Manager City of Kerrville Original Message From: Josh McKay [mailto:jmckay @ccctex.com] Sent: Monday, September 20, 2010 5:38 PM To: Stuart Barron Cc: Donovan Banta; Jerry Hefley; Charlie Hastings; Dieter Werner; Mike Wellborn; Bruce McKenzie; Shane Hayes; Ken Archuleta; Josh McKay; BILL FARR !� Subject: Re: Manholes at Kerrville Air Port Stuart, Please send a copy of the test reports for compaction as requested per our phone conversation. I will bring you a copy of our pre- construction video next time I au Kerrville for your records. Sent from my iPhone Josh McKay Cash Construction Co. Inc. E -mail: jmckay @ccctex.com Cell: 512- 426 -1483 On Sep 20, 2010, at 5:25 PM, "Stuart Barron" wrote: > Josh > I prepare the outline below to memorialize the chain of events that > has brought us to this point. I have also attached the record drawing 2 > as you requested. > Stuart > • On 8- 30 -10, I overheard Jerry Hefley having a heated discussion about > damaged manholes at the airport. I told Jerry to schedule a site > visit > with the contractor so we could discuss manhole repairs. On 8 -31 -10 > Jerry and I met with Shane Hays from Cash Construction. Shane told me > he had a video that would show trench failures around the manholes and > that Cash shouldn't be expected to cover the entire cost of replacing > one of the manholes and repairing the other two. I watched the video > and observed fractures around the manhole slab. I - told Shane, I saw > the > fractures he was talking about but it didn't make me feel like the > city > should pay to repair these stress cracks because other manholes across > the city have fractures yet have not failed. In the video the > manholes > were stilled intact and working. We agreed the City would give Cash > construction a cost to repair the manholes as we work cheaper than > most > contractors. After two days I called Shane back and told him we were > unable to replace the manholes because it is too deep and we cannot > safely perform this work at this depth, but that I knew Nelson Lewis > (utility contractor) was working at the airport and maybe Cash could > get > them to do the work reasonably. Shane understood the City wouldn't be > able to do the work. He said he would talk to his supervisor and see > what they could do. I figured it would take a few days to hear back > for > him, hopefully we would hear something by the weekend. As of 9/20/10, > I haven't heard back from Shane. • > • On 9 -2 -10 the City experienced a rainfall that caused water to run > into > the manhole and flood the lift station. The forecast predicted more > rain for the weekend so we plugged upstream and downstream manholes to > prevent the rainwater from entering the sewer system. On 9 -9 -10 we I, > pumped out the manholes. This work was done at no cost to Cash > Construction. > • Now, almost two weeks later, the manhole has still not been repaired. > Over the weekend 9- 19 -10, we experienced another rain event and the > only > customer on the line has been flooded with rainwater and silt. I > called > Shane again today 9 -20 -10 to find out what progress has been made on > getting the manhole replaced. Josh McKay called me back almost > immediately. He also told me that Cash Construction should not be > expected to pay the entire amount for repairing and replacing the > manhole. I told him we need to get it repaired then we will decide > the > payment details. He told me Cash would order a manhole and have it > deliver so the City can install it. I told him the equipment we have > couldn't install the manhole. He requested a copy of the as -built > so he > could order a new manhole. He also asked what size backhoe the City > owns. I told him I did not know, but I will forward him the 3 > drawings. A > few minutes later he called me back and told me a 310 JD backhoe will > work for this installation. I told him if Cash wants to hire the City > to do the install we would sub it out and forward them the bill, > because > the City cannot safely work at this depth. > > Stuart Barron > • Water /Wastewater Manager > • City of Kerrville > DISCLAIMER: This email (plus any attachments) is a public record of > the City of Kerrville and is subject to public disclosure under the > Texas Public Information Act. This email is also subject to the > State Retention Schedule. > This email (plus any attachments) is a public record of the City of Kerrville and is subject to public disclosure under the Texas Public Information Act. This email is also subject to the State Retention Schedule. DISCLAIMER: This email (plus any attachments) is a public record of the City of Kerrville and is subject to public disclosure under the Texas Public Information Act. This email is also subject to the State Retention Schedule. 4 Ray Garcia From: Tish Hulett ienvinspector @co.kerr.tx.us] Sent: Tuesday, September 21, 2010 9:33 AM To: Ray Garcia Subject: FW: Manholes at Kerrville Air Port Ray: FYI Tish Original Message From: Rosa Lea Melton [mailto:rosa.melton @kerrvilletx.gov] Sent: Tuesday, September 21, 2010 9:24 AM To: Stuart Barron; Tish Hulett Cc: Charlie Hastings Subject: RE: Manholes at Kerrville Air Port This does not address the damage to Dugosh Aircraft. I now have a letter from Whelan Plumbing and the pictures of the water damage to this company. Where do we stand on this? Rosa Lea Melton Director of Human Resources & Risk Management City of Kerrville 800 Junction Hwy. Kerrville, Texas 78028 (Ph) 830- 792 -8341 (Cell) 830 - 377 -4759 (fax) 830 - 792 -8346 "Attitude is a little thing that makes a big difference." Message From: Stuart Barron Sent: Tuesday, September 21, 2010 9:20 AM To: Rosa Lea Melton; 'Tish Hulett' Subject: FW: Manholes at Kerrville Air Port Update Stuart Barron Water /Wastewater Manager City of Kerrville Original Message From: Stuart Barron Sent: Tuesday, September 21, 2010 9:18 AM To: 'Josh McKay' Cc: Donovan Banta; Jerry Hefley; Charlie Hastings; Dieter Werner; Mike Wellborn; Bruce McKenzie; Shane Hayes; Ken Archuleta; Bill Farr Subject: RE: Manholes at Kerrville Air Port Josh At this point I have not seen any reason why the City of Kerrville should participate financial or physical in the repair /replacement of these manholes. We have already performed some in -kind services and I will have the guys put together a punch list for your crews, but I yet to see a reason why the city would pay for these manhole repair /replacements. I have copied and pasted your most recent reply into this email chain. So it can be part of the on going record. Please only reply to this email chain so we can have it as our project record. Stuart Barron 1 Water /Wastewater Manager City of Kerrville From: Josh McKay [mailto:jmckay @ccctex.com] Sent: Tuesday, September 21, 2010 8:53 AM To: Stuart Barron Cc: Donovan Banta; Jerry Hefley; Charlie Hastings; Dieter Werner; Mike Wellborn; Bruce McKenzie; Josh McKay; Shane Hayes; Bill Farr; Gary Stewart Subject: RE: Manholes at Kerrville Air Port Stuart, If the COK cannot replace the manhole safely, Cash Construction will install the manhole provided by COK. Per our conversation this morning the other two manholes have been formed to pour new diamonds around them. You mentioned risers and the fiber glass manholes are one piece and do not have riser sections. Please advise. Josh McKay Cash Construction Company, Inc. Cell: 512- 426 -1483 Email: jmckay @ccctex.com Original Message Josh McKay [mailto:jmckay @ccctex.com] Sent: Tuesday, September 21, 2010 8:37 AM To: Stuart Barron Cc: Donovan Banta; Jerry Hefley; Charlie Hastings; Dieter Werner; Mike Wellborn; Bruce McKenzie; Shane Hayes; Ken Archuleta; Bill Farr Subject: RE: Manholes at Kerrville Air Port '.. When I get a schedule on the production of the manhole I will let you know. Josh McKay Cash Construction Company, Inc. Cell: 512- 426 -1483 ! Email: jmckay @ccctex.com Original Message From: Stuart Barron [mailto:stuart.barron@kerrvilletx.gov] Tuesday, September 21, 2010 8:25 AM !, To: Josh McKay Cc: Donovan Banta; Jerry Hefley; Charlie Hastings; Dieter Werner; Mike Wellborn; Bruce McKenzie; Shane Hayes; Ken Archuleta; Bill Farr Subject: RE: Manholes at Kerrville Air Port Josh We are working on locating the compaction test this morning. Would you please forward me your work schedule so I notify the effected people when these manholes will be repaired /replaced. Stuart Barron Water /Wastewater Manager City of Kerrville Original Message From: Josh McKay [mailto:jmckay @ccctex.com] Sent: Monday, September 20, 2010 5:38 PM To: Stuart Barron Cc: Donovan Banta; Jerry Hefley; Charlie Hastings; Dieter Werner; Mike Wellborn; Bruce McKenzie; Shane Hayes; Ken Archuleta; Josh McKay; BILL FARR 2 Subject: Re: Manholes at Kerrville Air Port Stuart, Please send a copy of the test reports for compaction as requested per • phone conversation. I will bring you a copy of our pre - construction video next time I am Kerrville for your records. Sent from my iPhone !.. Josh McKay Cash Construction Co. Inc. E -mail: jmckay @ccctex.com Cell: 512 - 426 -1483 On Sep 20, 2010, at 5:25 PM, "Stuart Barron" wrote: > Josh > • I prepare the outline below to memorialize the chain of events that > has > brought us to this point. I have also attached the record drawing as > you requested. Stuart > • On 8- 30 -10, I overheard Jerry Hefley having a heated discussion about !, > damaged manholes at the airport. I told Jerry to schedule a site > visit > with the contractor so we could discuss manhole repairs. On 8 -31 -10 > Jerry and I met with Shane Hays from Cash Construction. Shane told me > he had a video that would show trench failures around the manholes and > that Cash shouldn't be expected to cover the entire cost of replacing > one of the manholes and repairing the other two. I watched the video > and observed fractures around the manhole slab. I told Shane, I saw > the > fractures he was talking about but it didn't make me feel like the > city > should pay to repair these stress cracks because other manholes across > the city have fractures yet have not failed. In the video the > manholes > were stilled intact and working. We agreed the City would give Cash > construction a cost to repair the manholes as we work cheaper than > most > contractors. After two days I called Shane back and told him we were > unable to replace the manholes because it is too deep and we cannot > safely perform this work at this depth, but that I knew Nelson Lewis > (utility contractor) was working at the airport and maybe Cash could > get > them to do the work reasonably. Shane understood the City wouldn't be > able to do the work. He said he would talk to his supervisor and see > what they could do. I figured it would take a few days to hear back > for > him, hopefully we would hear something by the weekend. As of 9/20/10, > I haven't heard back from Shane. > 3 > On 9 -2 -10 the City experienced a rainfall that caused water to run > into > the manhole and flood the lift station. The forecast predicted more > rain for the weekend so we plugged upstream and downstream manholes to > prevent the rainwater from entering the sewer system. On 9 -9 -10 we > pumped out the manholes. This work was done at no cost to Cash > Construction. > • Now, almost two weeks later, the manhole has still not been repaired. > Over the weekend 9- 19 -10, we experienced another rain event and the > only > customer on the line has been flooded with rainwater and silt. I > called > Shane again today 9 -20 -10 to find out what progress has been made on > getting the manhole replaced. Josh McKay called me back almost > immediately. He also told me that Cash Construction should not be > expected to pay the entire amount for repairing and replacing the > manhole. I told him we need to get it repaired then we will decide > the > payment details. He told me Cash would order a manhole and have it > deliver so the City can install it. I told him the equipment we have > couldn't install the manhole. He requested a copy of the as -built > so he > could order a new manhole. He also asked what size backhoe the City • owns. I told him I did not know, but I will forward him the > drawings. A > few minutes later he called me back and told me a 310 JD backhoe will > work for this installation. I told him if Cash wants to hire the City • to do the install we would sub it out and forward them the bill, > because > the City cannot safely work at this depth. > Stuart Barron > • Water /Wastewater Manager > > City of Kerrville > • DISCLAIMER: This email (plus any attachments) is a public record of > the City of Kerrville and is subject to public disclosure under the > Texas Public Information Act. This email is also subject to the > State Retention Schedule. > <500888.pdf> DISCLAIMER: This email (plus any attachments) is a public record of the City of Kerrville and is subject to public disclosure under the Texas Public Information Act. This email is also subject to the State Retention Schedule. DISCLAIMER: This email (plus any attachments) is a public record of the City of Kerrville and is subject to public disclosure under the Texas Public Information Act. This email is also subject to the State Retention Schedule. 4