1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, July 2, 2012 11 10:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 23 PRESENT: PAT TINLEY, Kerr County Judge H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 24 GUY R. OVERBY, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 BRUCE OEHLER, Commissioner Pct. 4 2 1 I N D E X July 2, 2012 2 PAGE 3 1.1 Open responses to Request for Proposals for show barn and rainwater system at Hill Country 4 Youth Exhibit Center, refer for evaluation and recommendation and award as appropriate 3 5 1.2 Consider/discuss, take appropriate action to 6 approve official bond of Kerr County Treasurer Tracy Soldan 5 7 1.3 Consider/discuss, take appropriate action to 8 authorize continuation of Beth Taylor’s current salary through July 31, 2012 6 9 1.4 Approval of Escrow Agreement with Wells Fargo 10 Bank regarding deposit of certain county funds & grant funds provided by Texas Water Development 11 Board relating to payment of costs of planning & design of Center Point Wastewater System Project 8 12 1.5 Consider/discuss, take appropriate action 13 regarding prohibiting the sale or use of restricted fireworks in any portion of the 14 unincorporated area of Kerr County pursuant to Local Government Code for 4th of July holiday 9 15 1.6 Consider/discuss, take appropriate action to 16 extend lease on Ingram Annex until 9/30/15 15 17 1.7 Consider/discuss, take appropriate action to approve payment of Constable 4's Dodge truck 18 for payment 17 19 --- Adjourned 22 20 21 22 23 24 25 3 1 On Monday, July 2, 2012, at 10:00 a.m., a special 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Good morning, ladies and gentlemen. 8 Let me call to order this special meeting of the Kerr County 9 Commissioners Court posted and scheduled for this date and 10 time, Monday, July 2, 2012, at 10 a.m. It is that time now. 11 We have just a few items on the agenda. The first item is to 12 open responses to Request for Proposals for the show barn and 13 rainwater system at the Hill Country Youth Exhibit Center, 14 refer for evaluation and recommendation, and award as 15 appropriate. 16 COMMISSIONER LETZ: Judge, are you ready for me to 17 start opening? 18 JUDGE TINLEY: I'm ready. That's why I was so 19 concerned about you being here today. 20 COMMISSIONER OEHLER: Are you going to read the 21 amounts off? 22 JUDGE TINLEY: Yeah. The first bid we have is from 23 Frontera Construction. It appears to be out of Del Rio. The 24 base bid, $1,673,900. Alternate 1, $75,146. Alternate 2, 25 $23,920. Alternate 3, $148,560. 7-2-12 4 1 Next one is from R.L. Rohde General Contracting 2 from Adkins, Texas. Base bid, $1,597,000. Alternate 1, 3 $78,000. Alternate 2, $35,000. Alternate 3, $131,000. 4 Next bid is from Huser Construction Company. Base 5 bid, one hundred seven hundred -- excuse me, $1,757,000. 6 Alternate 1, $65,000. Alternate 2, $70,000. Alternate 3, 7 $124,000. 8 Next bid is from J.M. Lowe and Company. Base bid, 9 $1,508,500. Alternate 1, $77,645. Alternate 2, $44,000. 10 Alternate 3, $121,000. 11 COMMISSIONER LETZ: That's it. 12 JUDGE TINLEY: Last bid, Journeyman Construction. 13 Base bid, 100 -- or, excuse me, $1,499,500. Alternate 1, 14 $75,750. Alternate 2, $34,500. Alternate 3, $122,000. 15 COMMISSIONER LETZ: Judge, I move we accept all 16 bids and refer them to Peter Lewis, the County Attorney, and 17 Commissioner Oehler for review. Is that appropriate? 18 COMMISSIONER BALDWIN: Second. 19 JUDGE TINLEY: Motion made and seconded to accept 20 all bids and refer to the architect, the County Attorney, and 21 Commissioner Oehler for review/evaluation. Any question or 22 discussion on the motion? All in favor of the motion, 23 signify by raising your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 7-2-12 5 1 (No response.) 2 JUDGE TINLEY: That motion does carry. What I'm 3 proposing to do, gentlemen, is at the conclusion of this 4 meeting -- or this portion of the meeting, to recess until 5 sometime later in the day so that in the event there is a 6 recommendation that can be made by the Court -- or made to 7 the Court with regard to these bids, that we're in a position 8 to do that and to move this thing forward. Anybody have any 9 serious objection to that process? 10 COMMISSIONER OEHLER: Absolutely not. And I'd like 11 to thank all the bidders for presenting them. This is -- 12 this is a bunch of bids that I was hoping that would come in 13 this way, but you never know till you open them. 14 COMMISSIONER LETZ: They're all -- 15 COMMISSIONER BALDWIN: Very competitive. 16 JUDGE TINLEY: Pretty tight. 17 COMMISSIONER OEHLER: They're competitive. 18 JUDGE TINLEY: Pretty tight. We appreciate the 19 work of the bidders on this and their interest in this 20 project. We may have a decision on -- on this later on 21 today. Don't know, obviously, at this point, but there will 22 be notification when that occurs. Let's move on to Item 2; 23 to consider, discuss, take appropriate action to approve 24 official bond of Kerr County Treasurer, Tracy Soldan. There 25 should be a copy of the bond attached to your materials. The 7-2-12 6 1 bond is slightly higher than that required under the statute, 2 the thought -- it was rounded up to a higher number, thought 3 being it's better to be a little higher than maybe a little 4 low, so it's in the amount of $100,000. I think the 5 calculation under the statute comes out just a bit over 6 $90,000, if I'm not mistaken. But do I hear a motion for 7 approval of the bond? 8 COMMISSIONER BALDWIN: So moved. 9 COMMISSIONER OVERBY: Second. 10 COMMISSIONER OEHLER: Second. 11 JUDGE TINLEY: Motion made and seconded for 12 approval. Question or discussion? All in favor, signify by 13 raising your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: The motion does carry. Let's go to 18 Item 3; to consider, discuss, take appropriate action to 19 authorize continuation of Beth Taylor's current salary 20 through July 31, 2012. Ms. Soldan, you want to give us the 21 rationale for this? 22 MS. SOLDAN: My reasoning for that is that just 23 because I go down and take office, she's still going to be 24 training me; she's still going to be doing many of the duties 25 for quite some time. And I'm also going to be on vacation 7-2-12 7 1 later on in the month, so she will still be performing a vast 2 majority of the duties. 3 JUDGE TINLEY: You want the salary that she's 4 currently receiving to be paid through -- 5 MS. SOLDAN: Through the end of July, yes. 6 COMMISSIONER BALDWIN: And then what happens at 7 that time? 8 MS. SOLDAN: Then she would go back to her previous 9 salary. 10 COMMISSIONER BALDWIN: Okay. 11 COMMISSIONER OEHLER: That she agreed to when she 12 took this, very graciously agreed to it. 13 COMMISSIONER OVERBY: And she's done a very, very 14 good job. We appreciate everything she's done. 15 MS. SOLDAN: She has. 16 JUDGE TINLEY: Ms. Hargis, from a budgeting 17 standpoint, there's no problem, is there? 18 MS. HARGIS: No. 19 JUDGE TINLEY: Didn't think so. Okay. 20 COMMISSIONER BALDWIN: Judge, I move for approval. 21 COMMISSIONER OVERBY: I'll second that. 22 JUDGE TINLEY: Motion made and seconded for 23 approval of the agenda item. Question or discussion? All in 24 favor, signify by raising your right hand. 25 (The motion carried by unanimous vote.) 7-2-12 8 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: The motion does carry. Let's go to 4 Item 4; to approval of an escrow agreement with Wells Fargo 5 Bank regarding the deposit of certain county funds and grant 6 funds provided by the Texas Water Development Board relating 7 to payment of costs of planning and design of the Center 8 Point wastewater system project. Ms. Hargis? 9 MS. HARGIS: As you will recall, at the last 10 meeting you signed an escrow agreement for the 570,000 that 11 we are going to borrow from the Water Development Board. 12 This is a second escrow agreement. This is for the grant, 13 and this is a requirement that the federal government has for 14 the state of Texas. So, it's just agreeing to the escrow 15 agreement. We do get our funds right away, but they were put 16 in escrow so we get them faster. It's a change in policy at 17 the state level, so we just need to approve this escrow 18 agreement. Again, it's for the grant funds themselves. 19 JUDGE TINLEY: This is a requirement of the overall 20 process of dealing with T.W.D.B. -- 21 MS. HARGIS: And the grant. 22 JUDGE TINLEY: -- for the entire project? 23 MS. HARGIS: That's correct. 24 JUDGE TINLEY: Okay. 25 COMMISSIONER OVERBY: Motion to approve. 7-2-12 9 1 COMMISSIONER LETZ: Second. 2 JUDGE TINLEY: We have a motion and second for 3 approval of the agenda item. Question or discussion? All in 4 favor, signify by raising your right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE TINLEY: All opposed, same sign. 7 (No response.) 8 JUDGE TINLEY: The motion does carry. Let's go to 9 Item 5; consider, discuss, take appropriate action regarding 10 prohibiting the sale or use of restricted fireworks, that 11 being skyrockets with sticks and missiles with fins, in any 12 portion of the unincorporated area of Kerr County pursuant to 13 Local Government Code Section 352.051 for the 4th of July 14 holiday. I put this on the agenda. As I'm sure members of 15 the Court will recall, we initially imposed the restriction 16 prior to the expiration of the time limit to do that, with 17 the thought in mind if we were able to get substantial rains 18 and -- and be in better shape, we'd be in a position to -- to 19 rescind that order. I don't know how much rain most of you 20 folks got. I think I got somewhere around maybe two-tenths, 21 but I'm not sure it's even that much. But -- 22 COMMISSIONER OEHLER: Are you going to give us kind 23 of an update on what's going on with that law? 24 MR. HENNEKE: I'd be glad to. 25 COMMISSIONER OEHLER: In regards to this subject. 7-2-12 10 1 MR. HENNEKE: Well, gentlemen, I guess Commissioner 2 Oehler was contacted by one of the owners of the fireworks 3 companies regarding the order that the Commissioners Court 4 took, and I think their information was a little off, but it 5 did cause me to go back and look at the statute. I think 6 that there were changes in the statute, you know, at some 7 point since the statute was put into place that has changed 8 how a county can regulate the missiles with sticks and 9 rockets with fins. Basically, you know, as the Local 10 Government Code sets forth, the Forest Service is tasked with 11 determining whether drought conditions for the purposes of 12 regulation of restricted fireworks under 352.051 of the Local 13 Government Code, whether those drought conditions exist as 14 defined for the use of the Keech-Byrum drought index. And 15 the Forest Service is tasked with publishing the drought 16 index for all the counties in Texas prior to June 15th, and 17 that being the standard for counties to use, so that if the 18 Forest Service determines that a county falls above 575 on 19 that index, then that -- the county and the Commissioners 20 Court in that county may enter an order banning the 21 restricted types of fireworks. 22 Under what was published by the Forest Service for 23 this year, Kerr County does not fall within that category, 24 and so -- and I visited with attorneys at TAC on this as 25 well. We would not be -- without the Forest Service 7-2-12 11 1 determination, would not be able to take action to ban those 2 type of fireworks. Now, that has nothing to do with the 3 County's separate authority to completely ban any and all 4 types of fireworks. But insofar as this regulation of 5 missiles with sticks and rockets with fins, we can only take 6 action if the Forest Service determines the drought 7 conditions do exist in Kerr County under their scale, and 8 they haven't, so I don't believe that we have the authority 9 to do that. And we did enter the order, but we can rescind 10 that order. I think that's consistent with the statute. 11 COMMISSIONER OVERBY: So, we're below the 575; is 12 that correct? 13 MR. HENNEKE: Yes. 14 COMMISSIONER OVERBY: Okay. Do you know where we 15 are? 16 MR. HENNEKE: It doesn't say. It color codes it by 17 category. They have a map with the different colors, and 18 there's only actually six counties in Texas, according to the 19 Forest Service, that fall above that -- that level. 20 JUDGE TINLEY: Really? 21 MR. HENNEKE: There's only six counties -- yes, 22 sir, there's only six counties in Texas that would be subject 23 to regulating restricted fireworks under 352.051. 24 COMMISSIONER OVERBY: And none in the hill country 25 area? 7-2-12 12 1 JUDGE TINLEY: And that -- the change in 2 legislation was effective when, last September? 3 MR. HENNEKE: I don't know. You know, the statute 4 as written, Judge, has inserted, you know, C-1 or B-1. It 5 was definitely edited after the fact, but I wasn't able to 6 see when that change came in. But looks like we've been 7 operating as we always had, and weren't aware that there was 8 a revision of it. 9 JUDGE TINLEY: Based upon the determination of the 10 Forest Service, based on that index, we need to go ahead and 11 rescind that previous order that we made under Local 12 Government Code Section 352.051? 13 MR. HENNEKE: Yes, sir. Under the statute, the 14 county has authority to regulate those restricted fireworks 15 only upon a determination by the Texas Forest Service, and 16 they have not done so for Kerr County. 17 COMMISSIONER LETZ: What's the index cutoff? 18 MR. HENNEKE: 575. 19 COMMISSIONER OVERBY: 575. 20 COMMISSIONER LETZ: See, it shows -- I'm looking at 21 the map. It shows that Kerr County is -- you know, it ranges 22 from a little bit -- in my area it's lower, but everything is 23 from 500 to 700. I'm looking at the updated map as of this 24 morning. 25 MR. HENNEKE: Well, I looked at it -- I looked at 7-2-12 13 1 it last week. I was directed to the official drought 2 website. You know, the TAC attorney put me onto that. And 3 it didn't have -- I don't know what you're looking at, 4 Commissioner, but it didn't have -- 5 COMMISSIONER LETZ: I'm looking at the Keech-Byrum 6 drought index updated this morning. 7 MR. HENNEKE: From who? 8 COMMISSIONER LETZ: Texas A & M. 9 COMMISSIONER BALDWIN: Oh. Well, that... 10 (Laughter.) 11 COMMISSIONER LETZ: I mean, just -- 12 COMMISSIONER OVERBY: Got to be right. 13 JUDGE TINLEY: The index was as of June 15? 14 MR. HENNEKE: Yes, sir. 15 JUDGE TINLEY: I think that was maybe the kicker. 16 COMMISSIONER LETZ: Mm-hmm. 17 JUDGE TINLEY: Of course, if we did not -- if we 18 did not impose the requirement by June 15th, we're outside 19 the cutoff date. I assume the cutoff date window is still 20 the same under the statute? They didn't amend that? 21 MR. HENNEKE: No. And that's why they required the 22 Forest Service to act before then. 23 JUDGE TINLEY: Yeah, okay. So, we're bound by 24 that. 25 COMMISSIONER OEHLER: That determines who can or 7-2-12 14 1 cannot sell in certain counties. 2 JUDGE TINLEY: We're bound by that index as it 3 existed up to June 15th. 4 COMMISSIONER LETZ: Okay. 5 COMMISSIONER BALDWIN: And if you remember, the 6 Keech-Byrum -- how they determine the drought conditions is 7 the moisture content in the soil and the trees, so I'm not 8 sure how scientific this thing is. At my house, it is 9 dangerous to light a match. 10 COMMISSIONER OVERBY: Yes. 11 COMMISSIONER BALDWIN: Much less have skyrockets 12 with sticks or non-sticks. It's just too dry to have 13 firecrackers, I can tell you. But does this agenda item give 14 us -- 15 JUDGE TINLEY: Gives us the authority to -- 16 COMMISSIONER BALDWIN: Rescind it? 17 JUDGE TINLEY: To rescind that, yeah. 18 COMMISSIONER BALDWIN: Well, I'll move -- upon the 19 recommendation of the County Attorney, I move that we rescind 20 the original court order, whatever that was. 21 JUDGE TINLEY: That imposed the restriction of 22 skyrockets with sticks and missiles with fins that was 23 entered by this Court sometime prior to June 15th? 24 COMMISSIONER BALDWIN: That is correct. 25 JUDGE TINLEY: Okay, I hear a motion. Do I hear a 7-2-12 15 1 second? 2 COMMISSIONER OEHLER: Second. 3 JUDGE TINLEY: I have a motion and a second 4 necessarily to comply with the law. Further question or 5 discussion? All in favor of the motion, signify by raising 6 your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: That motion does carry. Let's go to 11 Item 6; to consider, discuss, take appropriate action to 12 extend the lease on the Ingram annex until September 30, 13 2015. Commissioner Oehler? 14 COMMISSIONER OEHLER: Yes, sir. I did get our 15 tenant at the Ingram annex to agree to extend the lease with 16 no increase in rent until -- I think the expiration date on 17 it runs from now all the way through -- 18 COMMISSIONER OVERBY: 2015? 19 COMMISSIONER OEHLER: Yeah, until September 30th of 20 2015. And that amount is $800 a month. 21 JUDGE TINLEY: And with the proviso in there that 22 any air conditioning equipment -- 23 COMMISSIONER OEHLER: Yes. 24 JUDGE TINLEY: -- is not to be deemed a fixture, 25 and can be removed? 7-2-12 16 1 COMMISSIONER OEHLER: Right, it's in the lease. 2 JUDGE TINLEY: Okay. 3 COMMISSIONER OEHLER: And all the other provisions 4 of the original lease are still in force. It's just adding 5 that caveat. 6 JUDGE TINLEY: Okay. 7 COMMISSIONER OVERBY: Good. 8 COMMISSIONER OEHLER: I'll move approval. 9 COMMISSIONER LETZ: Second. 10 COMMISSIONER BALDWIN: Second. 11 JUDGE TINLEY: Motion made and seconded for 12 approval of the agenda item to extend that lease on the 13 Ingram annex to September 30, 2015. Question or discussion? 14 All in favor, signify by raising your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: The motion does carry. 19 COMMISSIONER BALDWIN: Good work, Number 4. 20 COMMISSIONER OVERBY: Very much so. 21 COMMISSIONER OEHLER: Took a little doing, but it 22 worked. 23 COMMISSIONER OVERBY: You got there. 24 COMMISSIONER OEHLER: That beats the 1,000 or 1,100 25 or 1,200 a month he wanted for that thing. 7-2-12 17 1 JUDGE TINLEY: Sure does. Let's go to Item 7; 2 consider, discuss, take appropriate action to approve 3 payment, Constable 4, Dodge truck for payment. Ms. Hargis? 4 MS. HARGIS: The truck that the constable was 5 awarded in the capital projects fund did arrive, and he needs 6 to pay for it so he can get it striped and decaled and the 7 radio equipment put in. So, since we're meeting today, I put 8 this on. So, this is the check. It's less than we approved 9 in his budget, but we have to get all the graphics. I think 10 we're going to save -- 11 COMMISSIONER OEHLER: What kind of Dodge truck is 12 this? I thought he was going to get an Expedition or 13 something. 14 MS. HARGIS: No, he wanted a truck. That's what we 15 approved. He asked for a truck. 16 COMMISSIONER OEHLER: Four-door? 17 MS. HARGIS: I think so. 18 COMMISSIONER OEHLER: Okay, just making sure. 19 COMMISSIONER BALDWIN: Is it anywhere near the same 20 color as the rest of them? Does it look anything like -- 21 MS. HARGIS: I haven't seen it. 22 COMMISSIONER OEHLER: It's probably fire engine 23 red, Buster. Probably not. 24 JUDGE TINLEY: Don't be talking to Buster about 25 fire engines and ambulances. 7-2-12 18 1 COMMISSIONER OEHLER: That's right. He's not in 2 the mood for it. 3 COMMISSIONER BALDWIN: Go haywire. 4 MS. HARGIS: As I recall, he asked for this because 5 of the terrain that he travels, and he thought it would be 6 higher off the ground, and so he could go in the back country 7 that we have. 8 COMMISSIONER OEHLER: There are some places out 9 there where you need a little more clearance in my end of the 10 county. 11 MS. HARGIS: So, this is about 5,000 less than we 12 budgeted. It's also about 5,000 less than what the Ford 13 product was, so he did a good job. 14 COMMISSIONER OEHLER: Move approval. 15 COMMISSIONER BALDWIN: Second. 16 JUDGE TINLEY: Motion and second to approve. 17 Further question or discussion? I think when you mentioned 18 that the dollars came in much lower, I think that kicked it 19 over the top. 20 COMMISSIONER BALDWIN: Yeah. 21 JUDGE TINLEY: Further question? All in favor, 22 signify by raising your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 7-2-12 19 1 JUDGE TINLEY: Motion does carry. Anything else to 2 come before the Court at this time? We'll be in recess 3 subject to the call of the chair. I've got 24 hours. 4 Hopefully, if we're in a position to do something, it'll be 5 late this morning or sometime this afternoon, but right now 6 we're in recess. Thank you. 7 (Commissioners Court was recessed at 10:23 a.m., and reconvened at 1:47 p.m.) 8 - - - - - - - - - - 9 JUDGE TINLEY: Let me call back to order the 10 special meeting of the Commissioners Court that we were 11 recessed from this morning. The item under consideration is 12 Item 1, to open responses to the Request for Proposals for 13 show barn and rainwater system at the Hill Country Youth 14 Exhibit Center and refer for evaluation, recommendation, and 15 award as appropriate. The matter was referred to the 16 architect, Commissioner Oehler, Precinct 4, and the County 17 Attorney for review and evaluation of the -- of the bid 18 responses, and that's where it sits at this point. 19 Commissioner Oehler, are we ready to have further action on 20 that matter? 21 COMMISSIONER OEHLER: Well, I don't believe that 22 there's going to be any action. I'm not asking for any 23 action. We would like to study this a little more. The bids 24 are very, very close between a local contractor and another 25 one that's not quite local, and to study that a little bit 7-2-12 20 1 more before we come up with a recommendation. 2 JUDGE TINLEY: Okay. 3 COMMISSIONER OEHLER: We'd like to place it on the 4 agenda for Monday. 5 COMMISSIONER BALDWIN: Very good. 6 COMMISSIONER OVERBY: That is good. 7 JUDGE TINLEY: Any other comments or questions from 8 any member of the Court? 9 COMMISSIONER BALDWIN: There may be somebody from 10 the audience. 11 MR. CONKLIN: Yes, if I might address the Court, 12 Judge? 13 JUDGE TINLEY: Surely. Surely. 14 COMMISSIONER BALDWIN: Don't call him Shirley. 15 MR. CONKLIN: Good afternoon, gentlemen. My name 16 is Carson Conklin; I work for J.M. Lowe and Company, general 17 contractor here in Kerrville, and I was the estimator that 18 put the bid together for our firm. And I think we had a very 19 competitive bid. I think more importantly, to the County's 20 benefit, the bids were all under budget, and so the County's 21 at a very good point moving forward on this project. And one 22 point I simply wanted to make and say my piece, and I'll be 23 brief, is that I fully understand the limits of the law on 24 public-funded projects. It was asked at the pre-bid meeting 25 about whether or not the low bid would govern for this 7-2-12 21 1 project, and a response was given that that would be a 2 considerable factor, but that also, an A.I.A. A305 contractor 3 qualification statement was to be submitted on this project, 4 and that also a subcontractor list was to be submitted for 5 the project, and that it may not -- it would be up to the 6 Court and other factors to be considered. 7 It's my opinion that you've got a -- obviously, a 8 difficult decision to make, but that also, there is a 9 significant value to having a local contractor here, not 10 because of who we are or because of the fact that we know 11 members of the Court, but that we're in the community. And 12 if you look at this like an insurance policy, $9,000 13 difference between the low bid and the second low bid on a 14 million and a half dollar project, essentially, is about a 15 half of one percent of the contract amount, to insure that 16 the contractor who performs the work has to answer to the 17 community, to each of you that we see every day, that we go 18 to church with, that we work with, and also that we build 19 here in this community in the future our reputation to 20 uphold, is a small sum to consider, given the fact that the 21 project is substantially under budget, the fact that you have 22 the opportunity to have somebody build this that will answer, 23 who's worked with this architect before on many occasions. 24 And so I just want to leave you with that and ask 25 for consideration of that -- that knowledge. And appreciate 7-2-12 22 1 -- appreciate your thoughts and the opportunity to bid on the 2 work. I respect each of your opinions, certainly. I think 3 you've got a very successful project here, very good set of 4 drawings, and a lot of subcontractor participation, and I 5 think ultimately it's going to be successful. I just ask 6 that you consider my point and allow us to be a part of the 7 project team. Thank you. 8 COMMISSIONER OVERBY: Thank you. 9 COMMISSIONER OEHLER: Thank you. 10 JUDGE TINLEY: Thank you. Any other comments? 11 Members of the audience? Public? This matter will be again 12 taken up at our next meeting, which is the -- 13 COMMISSIONER LETZ: 9th. 14 JUDGE TINLEY: -- 9th. 15 COMMISSIONER OEHLER: Next Monday. 16 JUDGE TINLEY: Yes, a week from today. Seeing 17 nothing further to come before the meeting, we'll be 18 adjourned. 19 (Commissioners Court adjourned at 1:53 p.m.) 20 - - - - - - - - - - 21 22 23 24 25 7-2-12 23 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my capacity as 5 official reporter for the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 2nd day of July, 2012. 8 9 JANNETT PIEPER, Kerr County Clerk 10 BY: _________________________________ Kathy Banik, Deputy County Clerk 11 Certified Shorthand Reporter 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7-2-12