1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, May 5, 2014 11 9:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 23 PRESENT: TOM POLLARD, Kerr County Judge H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 24 TOM MOSER, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 BOB REEVES, Commissioner Pct. 4 2 1 I N D E X May 5, 2014 2 PAGE 3 1.1 Consider/discuss, take appropriate action to set salary for Bob Reeves, Commissioner, 4 Precinct 4, as per appointment April 28, 2014 3 5 1.2 Consider/discuss, take appropriate action to approve bond for County Commissioner, Precinct 4 8 6 Recess Court to swear in County Commissioner 7 1.3 Consider/discuss, take appropriate action to 8 accept memorial donations in honor of Commissioner Bruce Oehler for Hill Country 9 Youth Event Center 8 10 1.4 Consider/discuss, take appropriate action on awarding bids and/or other actions related to 11 construction of Exhibit Hall at Hill Country Youth Event Center 10 12 1.5 Consider/discuss, take appropriate action on 13 authorizing Road and Bridge Department to begin site and pad preparations for Exhibit Hall at 14 Hill Country Youth Event Center 27 15 1.6 Consider/discuss, take appropriate action regarding change order and Draw 6 for Kerrville 16 South Waste Water System, Phase 5 31 17 1.7 Consider/discuss, take appropriate action to fill three vacant part-time positions at the 18 Juvenile Detention Center 39 19 1.8 Consider/discuss, take appropriate action on personnel matter in I.T. Department (Executive 20 Session) -- 21 1.9 Consider/discuss, take appropriate action on Interim Director and operations at the Juvenile 22 Detention Center (Executive Session) 44 23 1.10 Consider/discuss, take appropriate action to finalize layout and costs related thereto for 24 the addition to the Kerr County War Memorial 45 25 --- Adjourned 48 3 1 On Monday, May 5, 2014, at 9:00 a.m., a special meeting 2 of the Kerr County Commissioners Court was held in the 3 Commissioners' Courtroom, Kerr County Courthouse, Kerrville, 4 Texas, and the following proceedings were had in open court: 5 P R O C E E D I N G S 6 JUDGE POLLARD: All right. It's May 5th, 2014, and 7 it looks like it's about 9 a.m. The Commissioners Court is 8 in session, and it's Mr. Moser's turn for the prayer and for 9 the pledge of allegiance this morning. 10 COMMISSIONER MOSER: I'm going to ask Judge Tom 11 Pollard to give the prayer if he would this morning, please. 12 (Prayer and pledge of allegiance.) 13 JUDGE POLLARD: All right. The first item on the 14 agenda this morning is 1.1; consider, discuss, and take 15 appropriate action to set salary for Bob Reeves, 16 Commissioner, Precinct 4, as per appointment on April 28th, 17 2014. Mr. Baldwin, before we get to that, I'd like to say 18 that there have been some questions raised as to why so fast. 19 The statute says that the County Judge shall appoint somebody 20 to fill the term. And I can tell you that you shortly after 21 the death of Commissioner Oehler, we had a rain at or about 22 that time, and people out in Precinct 4 wanted to lift the 23 burn ban. And they couldn't reach Mr. Oehler, of course, so 24 they called me and complained that they needed to have a 25 commissioner appointed out there so they could have somebody 5-5-14 4 1 to get in touch with right away, and they didn't like not 2 having a commissioner. The statute doesn't give me any 3 latitude and says that I have to appoint them, so I did. As 4 I related before, I was contacted by 17 different 5 individuals, and actually a couple of more afterwards, making 6 it almost 19, and saying that they wanted to be considered 7 for it. And I have to tell you that there were a lot of 8 qualified people involved in that, but Bob Reeves was my 9 choice. He happened to have been Bruce Oehler's choice, too. 10 In a discussion that I had had with him probably about five 11 or six weeks ago, he told me that. So, with that, I'll turn 12 it over to Commissioner Baldwin. 13 COMMISSIONER BALDWIN: May I say that I'm -- I 14 appreciate you taking care of the County's business. That's 15 what that is. 16 JUDGE POLLARD: Mm-hmm. 17 COMMISSIONER BALDWIN: Judge, I move that we set 18 the salary for Bob Reeves at $55,251. 19 JUDGE POLLARD: All right. 20 COMMISSIONER LETZ: Second. 21 JUDGE POLLARD: Okay. It's been moved and 22 seconded. Is there any further discussion? 23 COMMISSIONER LETZ: Commissioner, I have not 24 looked. That is the salary that's in our budget for that 25 position? 5-5-14 5 1 JUDGE POLLARD: It is. 2 COMMISSIONER LETZ: Okay. 3 JUDGE POLLARD: All right. Any further discussion? 4 If not -- 5 MR. BITTNER: Judge, can I make a comment? 6 JUDGE POLLARD: Yes, uh-huh. 7 MR. BITTNER: I've been a resident of Kerr County 8 for over 30 years. I live in Precinct 4. I pay taxes. I 9 vote. And I feel like that you're shoving Mr. Reeves down my 10 throat without a vote. In my experience with him, he's been 11 arrogant and disrespectful, and I would like to have a little 12 bit of say in who I've got to represent me. What do I do? 13 Where do I go? Because y'all are up here to cram him down my 14 throat whether I want him or not. 15 JUDGE POLLARD: Mr. Bittner, I suggest you talk to 16 your legislator about that. The statute says that the County 17 Judge shall appoint somebody. It doesn't say that it's 18 supposed to consult with you about it. Okay? 19 MR. BITTNER: I understand that. 20 JUDGE POLLARD: Now, if you want to have a say 21 about who is -- who goes on the ballot about it, there's a 22 provision in the Election Code that provides that the 23 Republican party has a procedure that they go through to do 24 that. You see, I appointed Mr. Reeves to fill the interim 25 term from now till the time of the election. Did you 5-5-14 6 1 understand that? 2 MR. BITTNER: I understand that. 3 JUDGE POLLARD: Okay. Well, then, it's out of our 4 hands as to what happens from the time of the election on. 5 MR. BITTNER: Okay. 6 JUDGE POLLARD: So you're talking to the wrong 7 people. 8 MR. BITTNER: Well, I probably am, but I never can 9 get to the right people. 10 JUDGE POLLARD: Well -- 11 MR. BITTNER: And I've tried -- I've tried every 12 elected official from George Bush down to the local yokels, 13 and I can't get anybody to talk to me or show me any respect, 14 or show me any laws or rules. And I'm totally against him, 15 and I feel like you're shoving him down my throat whether I 16 want him or not. 17 JUDGE POLLARD: Well -- 18 MR. BITTNER: How do you get on the ballot and 19 everything for the next election? 20 JUDGE POLLARD: I think I just told you that you 21 have to consult with the Republican party. And that's not 22 our bailiwick right here; that's in their hands, not ours. 23 I've done what the statute said I had to do. 24 MR. BITTNER: Okay. 25 JUDGE POLLARD: As the County Judge, I had to 5-5-14 7 1 appoint someone. 2 MR. BITTNER: But who's representing me? 3 COMMISSIONER BALDWIN: Republican party. 4 JUDGE POLLARD: The Republican party. Are you a 5 Republican? 6 MR. BITTNER: Well, I always have been. 7 JUDGE POLLARD: Okay. 8 MR. BITTNER: I come from a democratic country 9 where they didn't even have a Republican primary, but I've 10 been a Republican. 11 JUDGE POLLARD: All right. Well, thank you for 12 your comments. Are there any other comments? If not, then 13 those in favor of the motion, signify by raising your right 14 hand. 15 (The motion carried by unanimous vote, 4-0.) 16 JUDGE POLLARD: It's 4-0; it's unanimous. All 17 right. Mr. Reeves, would you step forward, please? 18 COMMISSIONER BALDWIN: What are we doing here? Are 19 we going to recess the court? 20 JUDGE POLLARD: Yeah, let's recess -- let's recess 21 for a minute so we -- 22 MS. PIEPER: Judge, we need to do Number 2 before 23 you do that, please. 24 JUDGE POLLARD: Got to approve the bond? 25 SHERIFF HIERHOLZER: Yeah. 5-5-14 8 1 JUDGE POLLARD: All right. Consider -- this is 2 1.2; consider, discuss, and take appropriate action to 3 approve the bond for County Commissioner, Precinct 4. We 4 have the bond? I was told somebody -- yeah. 5 COMMISSIONER LETZ: The bond's in the correct 6 amount according to the statute? 7 THE CLERK: Yes, sir. 8 JUDGE POLLARD: All right. I have before me a 9 bond -- official bond and oath from Western Surety Company in 10 the amount of $3,000. 11 COMMISSIONER LETZ: Judge, I make a motion we 12 approve the bond for Bob Reeves as submitted. 13 COMMISSIONER BALDWIN: Second. 14 JUDGE POLLARD: Any further discussion? If not, 15 those in favor, raise your right hand. 16 (The motion carried by unanimous vote, 4-0.) 17 JUDGE POLLARD: It's 4-0, unanimously. All right. 18 Now we'll recess in order to swear Mr. Reeves in. Would you 19 step forward, Mr. Reeves? 20 (Brief recess was taken to swear in Commissioner Reeves, after which he took his seat on the Court.) 21 - - - - - - - - - - 22 JUDGE POLLARD: Okay. Let's go to -- let's go back 23 into open session, and go to 1.3; consider, discuss, and take 24 appropriate action to accept memorial donations in honor of 25 Commissioner Bruce Oehler for the Hill Country Youth Event 5-5-14 9 1 Center. Jeannie Hargis. 2 MS. HARGIS: I was just asked to put that on the 3 agenda in order to accept the donations. The Court has to 4 approve them. That's just a budget... 5 JUDGE POLLARD: All right. And what are those? 6 MS. HARGIS: I haven't received them, but if the 7 Court just authorizes me to accept those donations, then I 8 can put them in our system. 9 COMMISSIONER BALDWIN: And you automatically create 10 a line or something? 11 MS. HARGIS: Yes. 12 COMMISSIONER MOSER: May I ask a question in 13 general on donations? And I guess I can. Let's see. We may 14 have an agenda item on this. 15 MS. HARGIS: All -- 16 COMMISSIONER MOSER: It has to do with the war 17 memorial. That's not on our agenda, is it? 18 COMMISSIONER LETZ: It's on the addendum. 19 COMMISSIONER MOSER: Is it? Okay, I'll hold off on 20 that, then. 21 JUDGE POLLARD: It's in the -- it's the last one. 22 COMMISSIONER MOSER: Yeah, okay. Got you. 23 COMMISSIONER BALDWIN: I move for approval. 24 COMMISSIONER LETZ: Second. 25 JUDGE POLLARD: You move for approval? It's been 5-5-14 10 1 moved and approved that Mrs. Hargis create a line item for 2 donations received for honoring Bruce Oehler. Is there any 3 further discussion? There being none, those signify by 4 raising your right hand. 5 (The motion carried by unanimous vote, 4-0.) 6 JUDGE POLLARD: It's 3-0 -- 4-0, I'm sorry, 7 unanimous. All right. 1.4; consider, discuss, and take 8 appropriate action on awarding bids and other actions related 9 to construction of the Exhibit Hall at Hill Country Youth 10 Exhibit Center. Commissioner Letz? 11 (Low-voice discussion off the record.) 12 JUDGE POLLARD: Okay. 13 COMMISSIONER LETZ: Here are the bids that we -- 14 tabulations that Peter Lewis prepared. I'll give one to the 15 clerk. All of the bids were in compliance and are valid 16 bids. The low bid was Huser Construction, and that -- the 17 base bid amount was 3,298,000. I intend, in a moment, to 18 make a motion to approve that bid, but I want to discuss a 19 few things first, because it's -- I think everyone's aware 20 the bids came in a lot higher than we expected. First 21 thing -- I think the first thing that I looked at and talked 22 to Peter about -- and several people asked me right away why 23 we were so far off on the amount that we thought it was going 24 to cost versus the bids that came in. I thought about it, 25 and Peter and I talked quite a bit, and I think there's 5-5-14 11 1 basically two reasons. And the responsibility for it 2 probably goes with a combination between Peter and myself, 3 and if Bruce was alive, I'd say Bruce. But he's not, so 4 pretty much Peter and myself. And it was not thinking 5 through an item. 6 One, the original estimate we had was 2.2 million, 7 I think. That was done about two years ago. The -- I was 8 not that concerned about the timeline, because the original 9 bid on the show barn came in under bid, so I figured, well, 10 you know, the estimates probably will come in -- you know, 11 they were under bid back then, so they'll probably be -- be 12 right on track now. That was a wrong assumption. 13 The economy has changed quite a bit, and the materials for 14 the building -- a lot of steel, essentially -- have gone up 15 substantially. There's been -- and after looking at it, you 16 know, the estimate was too old. Part of the reason for that 17 time lag was that we went through quite an undertaking of 18 getting additional input from lots of organizations, and then 19 we had Judge Tinley's passing, and those things kept on -- it 20 was like a creep of when we actually went out for bid. So, 21 that's one of the reasons. 22 The other reason that is that that one's kind of -- 23 probably, I would -- you know, Peter and I discussed it. He 24 was concerned that the bids were going to come -- the 25 estimate was a little bit low, but we thought it was going to 5-5-14 12 1 be closer than it was. The other thing was that during the 2 period of that original estimate and going out for bid, there 3 was a slow creep in the scope of the project. Not 4 substantial; it didn't change a great deal. We added 5 classrooms in 2013, and they were -- not classrooms; rooms, 6 and we kind of extended it out a little bit. We probably -- 7 you know, I'm not sure now how it came about. In talking 8 about it, we made the interior area of the -- you know, the 9 event hall nicer, so the bid specifications were kind of -- I 10 guess overall, we went from -- I remember at one meeting, 11 Bruce and I said -- oh, this was talking about LED -- "We 12 ought to put LED lighting in this building." When you start 13 adding a few little things like that, adding a couple of 14 rooms, adding LED lighting, making the finish a little bit 15 nicer, the first thing you know, you've spent a bunch of 16 money. And the combination of those two things are the 17 reason I believe that our bids were off. 18 In the interim, I've met with Peter I don't know 19 how many times since the bids came in, and talked to him I 20 don't know how many more times, and we looked at it, 'cause I 21 was concerned about it. And I asked Peter to come up with a 22 list of things that were those types of cosmetic things that 23 we could reduce, but not change the scope of the project; be 24 in compliance. I talked -- visited with the County Attorney 25 quite a bit, figuring out how to make sure that we don't have 5-5-14 13 1 to rebid it. We're keeping it basically the same project, 2 just taking off some of the frills, and we can do that up to 3 a reduction of 18 percent of the -- of the amount. And we 4 came up with a pretty long laundry list that includes things 5 from going from fully automatic flush toilets to conventional 6 toilets, reducing the LED lighting, taking the carpet out of 7 areas that we had. We had carpet, I think, in the -- I call 8 them classrooms -- classroom size, out of that area. 9 The bid -- well, the bid had, like, on the show 10 barn, the bottom 8 feet of the exterior has CMU block. Take 11 that out. Take out the vestibule where you walk into the 12 building; it was air-conditioned, a fairly finished area. 13 Make that just a covered area, no HVAC. The HVA system that 14 was specified in the proposal was -- included a dehumidifier 15 system; take that out. And then the big item was the 16 finish-out in the event hall was, you know, for lack of a 17 better word, is more like the Inn of the Hills, similar to 18 that, where it's finished. You have sheetrock and light 19 fixtures that hang down, things of that nature. And then 20 there was a partitioned wall that went across it, 16 feet 21 high, so you can divide it into two areas; to basically take 22 all of that out and make the event area where the seating 23 would be more of a -- finished, but more of the commercial 24 look where you see the -- more the infrastructure of the 25 structure above. 5-5-14 14 1 And the intent would be, in my mind -- or I'll make 2 a motion in a few minutes that will award the bid to the low 3 bidder, Steve Huser, and then as part of the contract 4 negotiation, ask him to come up with a price reduction for 5 each of these items. And then this Court will decide prior 6 to executing the contract, you now, any modifications to be 7 made. And that is -- in my mind, I believe the County 8 Attorney is in compliance. There will be a couple of 9 findings of fact that we will need to do at the time of -- 10 before awarding the final contract, that it's in the best 11 interests of the County to do this, and we're not 12 substantially changing the project. And I think both of 13 those are -- are -- 14 COMMISSIONER BALDWIN: Commissioner Letz, when do 15 you expect me to vote on reducing -- on these reductions of 16 these items that you just listed, without -- without it being 17 on a piece of paper? You expect me to remember all that? 18 COMMISSIONER LETZ: No. No. My intent today is to 19 award the bid to Steve Huser and begin contract negotiation. 20 That's our next step. Then they will come back with a list 21 of some reductions, and at the time we vote on the 22 contract -- which, Peter, how long do you anticipate 23 that phase will take? Two, three weeks? 24 MR. LEWIS: Yes. 25 COMMISSIONER LETZ: Yeah, two or three weeks. At 5-5-14 15 1 that point it will come back, and we will look at the -- you 2 know, the exact dollars and award the contract. All we're 3 doing -- the goal today would be to enter into contract 4 negotiations with the low bidder. 5 COMMISSIONER MOSER: Could I -- go ahead. Are you 6 through? 7 COMMISSIONER BALDWIN: Yeah, kind of. Go ahead. 8 COMMISSIONER MOSER: Let me comment, if I may, 9 before we have a motion. What I think we need to do on this 10 is we need to pause. And I think we need to pause on moving 11 forward on this right now and not award a contract. And the 12 reason I say that is because we had a lot of discussion on 13 this Court about what size we needed at the facility. It's 14 really never been an in-depth marketing assessment of what 15 size we needed. We had a size of 13,000 square feet. What's 16 this one going to be, Peter? 17 MR. LEWIS: 35. 18 COMMISSIONER MOSER: 35,000 square feet. I 19 think -- I admire what Commissioner Letz and Peter have done 20 in trying to, you know, look at things to reduce costs, okay? 21 And that's important to do in any project. But the reason I 22 say pause is we continue -- or I pushed for Schreiner 23 University to do a marketing assessment of what we needed. 24 They have finished that; they finished it last Wednesday, 25 okay? I looked at it. Charlie McIlvain and I went out, 5-5-14 16 1 looked at a draft of it. It has not been finished, but it's 2 not going to change anything. What their marketing 3 assessment did, over two months, they contacted 240 people 4 that have used this facility in the past, that are using it 5 today. Their bottom line was what we had, the size we had 6 meets the market needs. It clearly needs to be renovated; 7 we're going to renovate it big time, okay? 8 So, I think -- I think it would be prudent for us, 9 from taxpayers' expenditures right now, to pause, have a look 10 at the Schreiner University study, see that, vet it, make 11 sure that it's okay. I think it is. Two professors oversaw 12 that. I think we have other issues. I think that I read in 13 the paper where Commissioner Letz is proposing we take the 14 $600,000 that we had for -- for the indoor arena, upgrading 15 it. I think that needs to be considered before we proceed 16 with a $4 million facility. Take off 10 or 20 percent; I'll 17 give you that. I'm sure you can do it. I think we have 18 other needs right now that have come up. I think we all 19 agree that something needs to be done out there. I think the 20 thing that's pushing us is the schedule by with which to do 21 it. We need to have it ready by the 1st of January. If we 22 don't have it ready by the 1st of January, you can rent one 23 big tent for $20,000 or so to take care of the auction at 24 that time, and we wouldn't be moved -- we wouldn't be moving 25 with -- I don't say that. Wouldn't be moving at a pace that 5-5-14 17 1 we might not necessarily need to when we have other things. 2 We have -- we have an issue with, you know, how are 3 we going to repair $500,000 at Mooney? So, we've got a lot 4 of things that have come up since we started this process. 5 We all got surprised by the -- by the -- you know, the price 6 that came in, or the bid that came in on this facility. So, 7 all I'm saying is -- is I think we should pause, and we 8 should not proceed with awarding the contract right now until 9 we understand exactly -- I think the only way we're going to 10 get it back in scope of what we need is probably to de-scope 11 the size of the facility, and it's not too late to do that. 12 Peter would have to -- have to do some additional redesign, 13 but I think that -- so if we do that, we're not going to make 14 the January 1st -- 15 COMMISSIONER BALDWIN: Can I ask you a question? 16 COMMISSIONER MOSER: Let me make one more point. 17 The other thing is, we were going to get the money from the 18 Livestock Association, and they haven't been able to do that. 19 They said, "Yea, verily, we'll do it," and -- 20 COMMISSIONER LETZ: We have a check here. 21 COMMISSIONER MOSER: Okay. All right, maybe 22 that's -- that will clear that up, then. 23 COMMISSIONER LETZ: The check is in the room. 24 COMMISSIONER MOSER: Okay. All right. So -- so, 25 for all those reasons, I say let's pause and let's get our 5-5-14 18 1 head around this thing before we proceed to commit to doing 2 something that we perhaps don't need to do. 3 COMMISSIONER BALDWIN: Well, I certainly agree with 4 some of the things, that we need -- we need to take a look at 5 ways to reduce the overall cost. And you and Peter have this 6 list. I'm wondering if the Schreiner study -- does it have a 7 list of reductions as well? Or is it -- 8 COMMISSIONER MOSER: No. 9 COMMISSIONER BALDWIN: -- just changing the scope 10 of things, and let's don't build anything till -- till you 11 get good and ready? 12 COMMISSIONER MOSER: No, they looked at the market 13 for a need for a facility like this. They didn't go into 14 the -- to -- you know, if it's this, this, this, and this, 15 they didn't look at how to reduce the cost of what's being 16 proposed. That was not it at all. They looked at what 17 they -- they looked at basically what we had and the types of 18 things that could be provided, okay, and the number of people 19 to be accommodated in this -- in these facilities, and the 20 amount that it would be used. That's what they looked at, 21 okay? So -- so their conclusion was the size of the facility 22 we had was adequate. 23 COMMISSIONER BALDWIN: So, I'm -- I'm not going to 24 hold up a vote here today for any -- any reason, but it just 25 seems to me that we need to be very careful. This -- this 5-5-14 19 1 thing -- this bid coming in so large should be concerning to 2 all of us. I'm sure it is, and that we need to really get 3 specific and sharpen our pencils. And if the Schreiner study 4 provides ways to reduce this cost, maybe we start taking a 5 peak at it, but if it doesn't, if it just simply is changing 6 the entire scope of the whole program, I don't know that we 7 need to pay much attention to that. But we really need to 8 sharpen our pencils and -- and come up with a really good 9 list. And -- and I do agree we may need to take our time a 10 little bit more here. That's all. Thank you for the time. 11 COMMISSIONER LETZ: The -- let me hand out -- this 12 is a -- I want to refresh everyone's memory a little bit on 13 the funding which is coming out of a certificate of 14 obligation. It's two -- the top area, and this is the 15 certificate of obligation we issued earlier this year. That 16 allocated 3.9 million. It was 1.1 million for the Sheriff's 17 Department communication system, 200,000 for an additional 18 Environmental Services -- that's an additional building over 19 there. Park improvements were 100,000, and a fire station at 20 Kerrville South, 100,000, and then 2.4 million was left for 21 the Hill Country Youth Event Center. That is including the 22 new event hall and renovations for the arena, 2.4 million, as 23 allocated. I'm not sure -- I put in the full amount for fire 24 station, parks, and Environmental Health building. I'm not 25 sure if those are going to come in. There's some discussion 5-5-14 20 1 I've heard about whether that fire station needs to stay or 2 not, but I've left those funds in there. The Hill Country 3 Youth Event Center, 2.4 million, we had 400,000 from previous 4 C.O.'s that we had dedicated for this project, and then we 5 have a check, which I think we'll have in a few moments from 6 the Hill Country District Junior Livestock Show Association 7 for 250,000, and that gives us available right now, without 8 going into reserves or anything else, $3,050,000 for this 9 project. 10 COMMISSIONER BALDWIN: 3,050,000? 11 COMMISSIONER LETZ: Yes. 12 COMMISSIONER MOSER: I thought that was 500 that 13 was going to be from Junior Livestock Show; that's what we've 14 always said. 15 COMMISSIONER LETZ: They put in -- they have 16 250,000 right now. 17 COMMISSIONER MOSER: They've had that for a year. 18 COMMISSIONER LETZ: They spent -- they have 19 contributed -- or went out and raised funds for all the 20 tables, for a lot of other improvements in the other 21 building. They did. They've spent a bunch. 22 COMMISSIONER MOSER: Jonathan, we have said 23 $500,000. I'll go back to the court record; it says 500. 24 COMMISSIONER REEVES: Commissioner Letz, maybe 25 Mr. Bauer can bring us up to date on the remaining 250,000, 5-5-14 21 1 if he will. 2 COMMISSIONER LETZ: Okay. 3 COMMISSIONER MOSER: I think that's what we need. 4 MR. BAUER: Morning, Judge, Commissioners. I do 5 have in my hand this morning a check. We want to thank, as 6 part of the Hill Country District Junior Livestock Show, 7 again, the partnership that y'all have extended to us. It's 8 been a long-lasting partnership, and we will do our part for 9 it. This morning I would like to present y'all with a check 10 for $250,000, half of what we've agreed to. This agreement 11 was entered into in January of 2013, if my memory's correct. 12 We are working on the other. It is secured. We will present 13 it as you close to the completion of the project, before you 14 need to make the last payment to the contractor. So, here's 15 the 250 today. We're very pleased at the progress on this. 16 We're all a little shocked with the numbers, but we've got 17 confidence everything will work forward. So, thank y'all 18 very much, and here's half payment. 19 COMMISSIONER LETZ: Thank you. 20 MR. BAUER: Thank you. 21 JUDGE POLLARD: You say it's secured, Steve. What 22 do you mean by that? 23 MR. BAUER: Yes, sir. We have got some grants, as 24 well as some other funding, some promissory that we've just 25 got to collect and bring in to us, but we will have it for 5-5-14 22 1 you. Not a doubt there. Like I said, we'll get it to you at 2 the completion of the project, or before you need to make 3 that last payment. 4 JUDGE POLLARD: Okay. 5 MR. BAUER: Very well. 6 JUDGE POLLARD: All right. 7 MR. BAUER: Thank you. 8 COMMISSIONER BALDWIN: Commissioner Letz, I'm 9 certainly in favor of moving that 100,000 out of the fire 10 station deal, if we can do that. 11 COMMISSIONER LETZ: Well, I think we can, but I 12 think the -- you know, again, my goal today is to approve -- 13 to get it to the next step, which would be to award the bid 14 to the low bidder, and then begin looking at the -- what can 15 be reduced. Looking at -- I have no problem looking at the 16 study. We're not committing the County at this point. You 17 know, we're saying we need to enter into negotiations for a 18 contract. 19 COMMISSIONER MOSER: We're committing to the size, 20 though; that's all. 21 COMMISSIONER LETZ: No, all we're doing today is 22 committing to -- on the current project, as bid, to begin 23 negotiations with the low bidder. That's all we're doing. 24 COMMISSIONER MOSER: How -- how long are these bids 25 good for? 5-5-14 23 1 COMMISSIONER LETZ: 45 days. 2 MR. LEWIS: 45 days from the 25th, so -- actually, 3 I guess from the 28th. 4 COMMISSIONER MOSER: So why do we need to do that 5 today? 6 COMMISSIONER LETZ: Because we -- 7 COMMISSIONER MOSER: Why -- 8 COMMISSIONER LETZ: We can't -- we cannot negotiate 9 with the low bidder and get a price list. We can only go so 10 far. We can't go to them and say, "Okay, here, give us a 11 price for all of these items," until we say they're awarded 12 and we're going to negotiate. 13 COMMISSIONER MOSER: No, but you could ask all the 14 bidders to do that. 15 MS. STEBBINS: You'd have to go back out for bid. 16 COMMISSIONER LETZ: No, you can't. 17 MS. STEBBINS: You have to go back out for bid to 18 do that. 19 COMMISSIONER MOSER: You can't go back and say -- 20 JUDGE POLLARD: If you change the scope. 21 COMMISSIONER MOSER: Yeah, I know. You can go out 22 for bids again. 23 MS. STEBBINS: You'd have to go back out for bid. 24 COMMISSIONER LETZ: That just changes the whole 25 timetable. Now, if we can't get there, that may be -- 5-5-14 24 1 COMMISSIONER MOSER: Well, but, see, that's the 2 timetable thing. We're being driven by time, but I just 3 don't see the -- oh, yeah, we need something by January 1st, 4 so put a -- put up a temporary facility out there on January 5 1st. 6 COMMISSIONER LETZ: It would be -- I mean, the 7 timetable, in my mind, is an issue. Is it the only issue? 8 We have gone over this footprint of a building and the scope. 9 The drawings were out here for everyone in the Commissioners 10 Court to look at for over a month. 11 COMMISSIONER MOSER: Still didn't happen. 12 COMMISSIONER LETZ: No, but you -- nobody came and 13 said anything, myself included, you know, that it was too 14 much; we've added too much. It was available to us. We went 15 out for bid on a plan that has been approved in this Court, 16 you know. 17 COMMISSIONER MOSER: Yeah. 18 COMMISSIONER LETZ: And, you know, we -- you and I 19 will never agree on what this building needs to look like. 20 COMMISSIONER MOSER: Never agree on the size, yeah. 21 Now -- now I have some data. 22 COMMISSIONER LETZ: Well, but, you know, we added 23 things because of your request to go out to the Chamber and 24 other groups, so we added the classrooms. I mean, that 25 was -- no, no, no, you wanted us to go out and talk to the 5-5-14 25 1 Chamber and all these other entities in 2014, and we did, and 2 we enlarged the scope. 3 COMMISSIONER BALDWIN: Peter, when will this list 4 be -- you're going to put together this list to present to 5 the low bidder, and then he's going to come back with a 6 number? 7 MR. LEWIS: Yes, sir. 8 COMMISSIONER BALDWIN: A rebid? 9 MR. LEWIS: We have the list. We already have that 10 list compiled. 11 COMMISSIONER BALDWIN: Good. How long will that 12 take? 13 MR. LEWIS: I would say probably two weeks, two to 14 three at the outside. 15 COMMISSIONER BALDWIN: All right. 16 COMMISSIONER LETZ: I'll make a motion that we 17 award the -- or accept the -- what's my wording? Award the 18 low bid. 19 JUDGE POLLARD: Low bid. 20 COMMISSIONER LETZ: Low bid to Huser Construction, 21 and begin contract negotiations with same. 22 MS. STEBBINS: That's correct. 23 COMMISSIONER REEVES: Your Honor, if I may, one 24 question. Everybody knows my past association with the 25 livestock show. I met with the County Attorney on Friday. 5-5-14 26 1 And is it still your opinion that I do not have to recuse 2 myself from any of this? 3 MS. STEBBINS: Yes, sir. Yes, sir, you're able to 4 vote. 5 COMMISSIONER REEVES: Just for the record, we were 6 trying to figure out if there was a conflict, and so we met 7 Friday, and I just want that on the record. 8 COMMISSIONER BALDWIN: Is that a second? 9 COMMISSIONER REEVES: That will be a second. 10 JUDGE POLLARD: All right. It's been moved and 11 seconded, then, that we accept the low bid from Huser and 12 begin contract negotiations. Is that a fair statement of 13 what the motion was? 14 COMMISSIONER LETZ: Yes. 15 JUDGE POLLARD: Is there further discussion about 16 it? 17 SHERIFF HIERHOLZER: Just one thing for you to 18 remember. The radio -- the communications bids, I believe, 19 are going to be opened about the first week of June. I 20 believe it was for, like, 1.2, Jonathan, rather than 1.1. 21 But there is some concern on where that's going to come in 22 at, so we just need to keep that in the back of our minds 23 also. 24 JUDGE POLLARD: Everything seems to come in higher 25 than we anticipated. 5-5-14 27 1 SHERIFF HIERHOLZER: I hope it doesn't. We'll see. 2 JUDGE POLLARD: All right. Further discussion? 3 COMMISSIONER MOSER: That was the reason for 4 recommending a pause. 5 JUDGE POLLARD: All right. There being no further 6 discussion, those in favor of the motion, signify by raising 7 your right hand. 8 (Commissioners Baldwin, Letz, and Reeves voted in favor of the motion.) 9 JUDGE POLLARD: Those opposed? 10 (Commissioner Moser voted against the motion.) 11 12 JUDGE POLLARD: All right. It's 3-to-1; the motion 13 passes. All right, let's go to 1.5; discuss and take 14 appropriate action on authorizing Road and Bridge Department 15 to begin site and pad preparation for Exhibit Hall at the 16 Hill Country Youth Exhibit Center. Commissioner Letz. 17 COMMISSIONER LETZ: I put this on the agenda, and 18 I'm not sure if we've already authorized this or not. We've 19 authorized them to do what's needed out there, but they've 20 obviously got -- the building is gone. They've done some 21 work, and I would -- I'll make a motion to authorize Road and 22 Bridge to begin site preparation and pad work. 23 COMMISSIONER MOSER: Let me ask, do we need to do 24 that in light of -- the only reason I ask that -- I don't 25 have an issue with it -- is that was probably part of the 5-5-14 28 1 plan that we just approved to go forward with -- with 2 construction. Wasn't that in the plan for the whole 3 facility, is for them to do the pad? Or maybe not. 4 COMMISSIONER LETZ: Yes. I mean, it was always 5 talked about, but there will be some, you know, base material 6 needed in here, and -- 7 COMMISSIONER MOSER: Okay. 8 COMMISSIONER LETZ: And in my mind, if, for some 9 reason -- hopefully, we don't not proceed. We still need to 10 build a pad there. 11 COMMISSIONER MOSER: Yeah, right. 12 COMMISSIONER LETZ: This needs to be done. 13 COMMISSIONER MOSER: Okay. If we need to have a 14 motion, I'll vote for it. Okay, thanks. 15 COMMISSIONER BALDWIN: And so I'll second it. 16 COMMISSIONER LETZ: Okay. 17 JUDGE POLLARD: All right. It's been moved and 18 seconded that Road and Bridge begin -- yes? 19 MR. BOLLIER: Your Honor, I would like -- I have 20 been approached by KerrFest, by Ms. Kristan Weaver there and 21 that bunch. They just wanted to know -- I have talked to 22 Road and Bridge, so we can move that safety fence up and just 23 around the section that we are rebuilding, for parking. And 24 I was just wondering, when is -- when are they going to start 25 bringing in dirt, or where are they going to unload the dirt? 5-5-14 29 1 Are they going to put it on the premises? Because we're 2 taking up a whole lot of parking there at this time, and we 3 were just trying to figure out if there was any way that we 4 could add some more parking by -- by not letting the dirt 5 come in till after KerrFest. I don't want to slow the 6 project down, but I'm just bringing it to the Court to see 7 what we should do. 8 COMMISSIONER LETZ: When's KerrFest? 9 MR. WEAVER: May 16th and 17th. 10 COMMISSIONER LETZ: Okay. I mean, certainly, at 11 KerrFest, they could reduce the -- you know, they can -- 12 MR. BOLLIER: Yes, sir. I just want to know when 13 they start bringing in the dirt to redo the foundation and 14 stuff, you know, where are they going to put it? You know, 15 if they -- that that's biggest thing. 16 COMMISSIONER LETZ: I think we can probably 17 coordinate with that. This shouldn't be a problem. 18 MR. WEAVER: Thank you. 19 MR. BOLLIER: Thank you, sir. 20 JUDGE POLLARD: Uh-huh. All right, it's been moved 21 and -- there's a motion made and seconded. Any further 22 discussion? 23 COMMISSIONER BALDWIN: Do we have specific duties 24 for Road and Bridge? To build a pad? Is there a bunch of 25 other things that they're going to be doing, or were we 5-5-14 30 1 pretty clear on what their duties would be? 2 COMMISSIONER LETZ: We have specifications for a 3 metal building. At this point, the specs for the building -- 4 COMMISSIONER BALDWIN: To build a pad, to -- 5 COMMISSIONER LETZ: And you have compaction and all 6 that. 7 JUDGE POLLARD: I think your question is, what is 8 Road and Bridge required to do? 9 COMMISSIONER BALDWIN: Yeah, that's what I'm 10 asking. I mean, we're not going to have them out there 11 shearing sheep and stuff like that, are we? 12 COMMISSIONER LETZ: Hope not. 13 COMMISSIONER MOSER: Won't it be just like we did 14 out at the airport? Where the contractor laid out the 15 building, but he gave specifications on, you know, elevations 16 and all that kind of stuff. And I assume that we have that 17 with the drawings that came out, so they -- they know what 18 they need to do with the plans that Peter has presented. 19 Be -- be exactly the same thing we did out at the airport. 20 COMMISSIONER LETZ: Right. 21 COMMISSIONER MOSER: They did the pad for that 22 facility, even though it was still being discussed. 23 JUDGE POLLARD: Any further discussion? 24 COMMISSIONER BALDWIN: I just want to make one 25 final point on that. Road and Bridge builds roads and 5-5-14 31 1 bridges, so we can't tie them up year-round with -- with 2 these kind of things. I'm ready to vote. 3 JUDGE POLLARD: Those in favor of the motion, 4 signify by raising your right hand. 5 (The motion carried unanimously, 4-0.) 6 JUDGE POLLARD: Those opposed, like sign? 7 (Commissioner Moser raised his hand.) 8 JUDGE POLLARD: All right, it's -- 9 COMMISSIONER LETZ: You voted twice. 10 JUDGE POLLARD: The motion passes. 11 COMMISSIONER MOSER: Oh, no. Just cancel my 12 vote -- I voted for it. 13 JUDGE POLLARD: Okay. All right. It's 4-1 -- 4-0. 14 COMMISSIONER MOSER: 4-0. 15 JUDGE POLLARD: All right. Consider, discuss, and 16 take appropriate action regarding change order and Draw 6 for 17 Kerrville South Wastewater System, Phase 5. Commissioner 18 Moser. 19 COMMISSIONER MOSER: Thank you. Judge, I don't -- 20 I don't know if we need a court order for the draw. Do we, 21 Jeannie? 22 MS. HARGIS: Not for the draw. 23 COMMISSIONER MOSER: No, I don't think we do. I 24 put that on there just in case we did. We do not. On 25 Kerrville South, several court sessions ago we talked about 5-5-14 32 1 having -- needing additional funds if we were going to save 2 some trees along Ranchero Boulevard. We have negotiated over 3 the last three or four weeks with the contractor on some 4 specifications that they may or may not have -- adhere to. 5 We thought that we might be able to modify the contract so 6 that they could, in fact, bore under those trees. We were 7 also concerned that if we looked at the option of the County 8 finding the additional $20,000 or so to bore under those 9 trees and save probably about 15 or 20 old, established live 10 oak trees -- they're not huge, but, you know, in that caliche 11 they don't grow really large, but they're there, and they're 12 real healthy. They're a lot of the appeal for Ranchero 13 Boulevard and the homes associated with it. So, it looks 14 like it's feasible for us to not violate any of our good 15 trust with the people who grant this money to us if we were 16 to find the additional money. So, what I would -- I'm going 17 to make a motion that we ask the county -- the Auditor to see 18 if she can find the $20,000 to bore under these trees that's 19 within the budget that we have. And if so, then we modify 20 the contract with a change order so enabling the contractor 21 to do that work. He's about -- he's begun the work already. 22 So, my motion is for us to authorize, with the change order, 23 the work to be on Kerrville South to bore under the trees 24 rather than destroy the trees and trench -- bore under the 25 trees rather than trench through them. 5-5-14 33 1 COMMISSIONER BALDWIN: Well, if you're going to go 2 that far with the motion, I need to know if there's the money 3 to do it. 4 COMMISSIONER MOSER: I say make it contingent on 5 her finding the money. 6 COMMISSIONER BALDWIN: I thought your original 7 motion was going to be to ask her to find the money. 8 COMMISSIONER MOSER: It's going to be -- I make the 9 motion to allow the contract to be changed contingent on her 10 finding that money today. 11 COMMISSIONER BALDWIN: 20,000? 12 COMMISSIONER MOSER: $20,000, right. 13 COMMISSIONER BALDWIN: Okay. 14 COMMISSIONER MOSER: And that'll leave us some 15 contingency funds. 16 COMMISSIONER BALDWIN: There's too much press here, 17 nevermind. (Laughter.) 18 COMMISSIONER LETZ: The County Attorney is making 19 all kinds of weird facial expressions. 20 MS. STEBBINS: You voted on this a couple of weeks 21 ago. Am I mistaken, that that was precisely voted on? 22 COMMISSIONER MOSER: This would be rescinding that 23 too, okay? To change it. 24 MS. STEBBINS: Okay. 25 COMMISSIONER LETZ: Do we know where the money may 5-5-14 34 1 come from, Commissioner? Or Ms. Auditor? 2 MS. HARGIS: The Sheriff won't like this, but he 3 has an adequate amount in the deputies' salaries, more than 4 adequate to even cover his radio problem. 5 SHERIFF HIERHOLZER: I'm not sure we do, but if we 6 do, you know, our budget is set for -- through this year. 7 And due to openings during the past year and that, if there 8 is that much left over, it always goes back into the general 9 fund anyhow, so I don't -- 10 COMMISSIONER MOSER: I want to add one thing. The 11 only reason I bring it with some sense of urgency, this is 12 the -- we're finishing that entire project over in Kerrville 13 South, and the next is to move to Sand Bend over in Riverhill 14 where we need to increase the size of the line that connects 15 to this. So, we need to make this decision today for them to 16 -- so we either do it or we don't do it. So, this is the -- 17 this is the last opportunity we have to do it. 18 COMMISSIONER LETZ: I'm certainly in favor of 19 trying to save trees. I think it's -- you know, but it's one 20 of those things, from a dollar standpoint and tax dollar 21 standpoint, -- 22 COMMISSIONER MOSER: Yeah. 23 COMMISSIONER LETZ: -- it's a tough $20,000 to come 24 up with on that project. 25 COMMISSIONER MOSER: Right. 5-5-14 35 1 COMMISSIONER LETZ: And I'm delaying my -- I'm 2 thinking while I'm talking. (Laughter.) 3 COMMISSIONER MOSER: That's what it boils down to. 4 That's it in a nutshell. 5 COMMISSIONER LETZ: I'll second it, see where it 6 goes. 7 COMMISSIONER BALDWIN: Was there a motion? 8 COMMISSIONER MOSER: Yeah. 9 JUDGE POLLARD: Okay. 10 COMMISSIONER LETZ: But I do -- so the funds will 11 come out of the excess funds -- not excess funds, unspent 12 funds in the Sheriff's -- 13 MS. HARGIS: Due to change-overs, and we generally 14 have money left; there's a lot of employees coming and going. 15 That's just the nature of that particular department. 16 JUDGE POLLARD: However, it sounds like we're going 17 to be looking for extra money when the Sheriff's bid comes 18 in, and we're already looking for extra money on the Ag Barn 19 project. Is that right? 20 MS. HARGIS: Mm-hmm. 21 COMMISSIONER BALDWIN: Is your motion contingent 22 upon her finding it? 23 COMMISSIONER MOSER: Yes. 24 COMMISSIONER BALDWIN: Or is she finding it right 25 now? 5-5-14 36 1 COMMISSIONER MOSER: If she finds it right now, 2 then the motion is to authorize the approval of the change in 3 the contract. 4 MS. STEBBINS: And rescind your other order. 5 COMMISSIONER MOSER: $20,000 increase, and to 6 rescind the previous court order. 7 COMMISSIONER LETZ: Can we -- is there any chance 8 that the contractor will do it for 15,000? 9 COMMISSIONER MOSER: We've negotiated. The answer 10 is no. We know what it costs to bore; it costs $23,000 -- 11 $23,000 for the boring operation -- 23,680. And we have some 12 contingency, so that would leave us about $3,000 or $4,000 13 contingency for all the other mitigation work we need to do. 14 JUDGE POLLARD: Personally, I think we made this 15 decision when we passed the first -- 16 COMMISSIONER MOSER: We did. 17 JUDGE POLLARD: We did. 18 COMMISSIONER MOSER: We did, and so we didn't have 19 the funds at that time. 20 JUDGE POLLARD: And I still don't think we can 21 commit the funds. I don't hear any commitment. 22 COMMISSIONER BALDWIN: I don't either. 23 COMMISSIONER MOSER: Do we have the funds to do -- 24 to do this, Jeannie? 25 MS. HARGIS: If we take it out of that line item or 5-5-14 37 1 we take it out of contingency. Other than that, I don't have 2 it. 3 COMMISSIONER MOSER: So we do have the funds. 4 JUDGE POLLARD: If you take it out of 5 contingency -- 6 MS. HARGIS: We have some contingency left, but 7 very little, about 22,000. That's it. So, it's up to the 8 Court. I mean, this is your money, not mine. 9 JUDGE POLLARD: No, it's the taxpayers' money. 10 SHERIFF HIERHOLZER: I'm just concerned where our 11 bids are going to come in in June. That is major. 12 COMMISSIONER MOSER: But that's -- that's the C.O. 13 funds; that's a different thing. 14 SHERIFF HIERHOLZER: But if they come in over that, 15 the radio system has to be replaced. We're on the last leg. 16 I mean, it has to be, so if they come in over what we've 17 estimated, it's still going to have to come. 18 JUDGE POLLARD: Let's call for the vote, then. 19 Those in favor of that motion, signify by raising your right 20 hand. 21 (Commissioners Baldwin, Moser, and Reeves voted in favor of the motion.) 22 23 JUDGE POLLARD: Those opposed to that motion, 24 signify by raising your right hand. 25 (Commissioner Letz voted against the motion.) 5-5-14 38 1 COMMISSIONER BALDWIN: You're opposing your second? 2 COMMISSIONER LETZ: Yeah. Well, it's not the first 3 time. It passes. 4 JUDGE POLLARD: So, 3-to-1. It passes 3-to-1. 5 COMMISSIONER BALDWIN: I still have one question. 6 Now, we're talking about what we've done previously, a motion 7 or order that we made a couple weeks ago. It seems like to 8 me -- wasn't that order to -- we didn't have the money, so we 9 were going to -- 10 COMMISSIONER MOSER: Right. 11 COMMISSIONER BALDWIN: We're going to cut the trees 12 down? 13 COMMISSIONER MOSER: Right. So, we rescinded that 14 order with that vote. 15 COMMISSIONER BALDWIN: We did? 16 COMMISSIONER LETZ: This one. 17 COMMISSIONER MOSER: Yeah, that was part of it. We 18 rescinded that order. 19 COMMISSIONER BALDWIN: Oh. Well, you add stuff as 20 we go along. I got to pay closer attention. (Laughter.) 21 JUDGE POLLARD: Didn't you vote for the motion? 22 COMMISSIONER BALDWIN: I did. I sure did. 23 JUDGE POLLARD: Okay. You now want to reconsider, 24 or what? 25 COMMISSIONER BALDWIN: Well, I don't -- I would -- 5-5-14 39 1 in a perfect world, I want the Auditor to say, "Yes, I have 2 'X' amount of dollars coming out of this, this, and this." 3 That's what I want to hear. That's the safest way to do it. 4 And this "contingent upon this," and Rusty can't get -- talk 5 on the radio and all this stuff, you know, we need to lay all 6 that down and get specific about what we're doing. Now, 7 that's a perfect world. 8 COMMISSIONER LETZ: Well -- 9 COMMISSIONER BALDWIN: But I'm not going to hold up 10 a project to say all that. 11 COMMISSIONER MOSER: Let me make it clear. What 12 she just said is yes, she has the money; it would come out of 13 contingency and/or out of funds in the Sheriff's Office. 14 JUDGE POLLARD: Well, the motion passed. 15 COMMISSIONER LETZ: Right. 16 JUDGE POLLARD: The motion passed, and we're going 17 to move on. I don't like it, but if -- I do not like it, but 18 it passed. I think all the money -- we need to save all the 19 money we can for the other things that we're going to need. 20 All right. 1.7 is next? 21 COMMISSIONER BALDWIN: Yes, sir. 22 JUDGE POLLARD: Consider, discuss, and take 23 appropriate action to fill three vacant part-time positions 24 at the Juvenile Detention Center. These are budgeted items. 25 Jason Davis. 5-5-14 40 1 MR. DAVIS: Good morning, Your Honor. Good 2 morning, Commissioners. As this Court's aware, after events 3 last week, I'm in this position as interim to aid and service 4 the Court as needed and necessary. One of the things that I 5 learned quickly after walking in the door is that the 6 facility is currently short-staffed. I would ask permission 7 to move forward with filling these -- there are three vacant 8 part-time positions. These are not full-time employees. 9 There are currently funds for these. They're used on an 10 as-needed basis. I would not be doing this action as far as 11 the hiring. This would be something that I've been working 12 with Dawn and H.R. with, and/or whatever process this Court 13 feels is appropriate and necessary if the Court gives us 14 permission to move forward with filling these positions. And 15 I would invite any questions about this. 16 JUDGE POLLARD: I would ask you, if they haven't 17 been filled, that would apparently mean they weren't needed. 18 Why are they needed now? 19 MR. DAVIS: I believe that they have not been 20 filled because of the fact that they have not opened them up 21 currently. They are needed on the basis -- what had been 22 done previously was shifting around of part-time employees, 23 trying to avoid hiring more full-time employees. What is 24 happening currently is our overtime is going up; our comp 25 time is going up, and Mr. Whitten, the facility -- assistant 5-5-14 41 1 facility administrator, is having to put in -- pick up 2 shifts, just like this weekend, to try to cover what would 3 normally be a part-time position. We want the part-timers to 4 fill in when we have a full-time staff member sick or 5 something along those lines. So, they're positions that are 6 needed and are budgeted. But as to why it has not been 7 specifically, Judge, I can't answer that wholly, other than 8 what I'm told and what little I know about it. 9 COMMISSIONER BALDWIN: How long have they been 10 open? 11 MR. DAVIS: We have -- we've posted it as of 12 Friday. Friday, they were posted. 13 COMMISSIONER BALDWIN: How long have they been 14 vacant, is what's really my question. 15 MR. DAVIS: I can't give you an answer; I don't 16 know. 17 COMMISSIONER BALDWIN: I move for approval. It's a 18 budgeted -- they're budgeted positions. The new director -- 19 Interim Director seems to think they need to be filled. How 20 could I argue with that? 21 COMMISSIONER LETZ: I'll second. 22 JUDGE POLLARD: All right. It's been moved and 23 seconded that he be authorized to fill those three vacant 24 positions, part-time positions. 25 COMMISSIONER LETZ: Judge, I'd like -- 5-5-14 42 1 JUDGE POLLARD: Any discussion? 2 COMMISSIONER LETZ: I'll make a quick comment on 3 that. You know, I heard something -- he said overtime and 4 comp time, and those are two things that cost us more than 5 another part-time position, in my mind, 'cause you end up 6 with time and a half for the same hours. The part-time, from 7 what you're saying, it sounds like they're as-needed, on-call 8 type positions, not -- you know, so you're not paying them if 9 they're not needed. So, I think the Court -- I think it's 10 very important that we make sure that we're in compliance out 11 there. 12 COMMISSIONER MOSER: And if Jason needs that for 13 doing his job efficiently, that's what we need to do. 14 MR. DAVIS: Appreciate it, Commissioner. 15 JUDGE POLLARD: Any further discussion? There 16 being none, those in favor of the motion, signify by raising 17 your right hand. 18 (The motion carried by unanimous vote, 4-0.) 19 JUDGE POLLARD: Those opposed, like sign? 20 (No response.) 21 JUDGE POLLARD: It's 4-0. 22 MR. DAVIS: Thank you. 23 JUDGE POLLARD: That passes. Thanks, Jason. 24 COMMISSIONER BALDWIN: Judge, before we go into 25 executive session, you passed up the Commissioners' comments 5-5-14 43 1 in the beginning, and I actually have a comment. 2 JUDGE POLLARD: Oh, okay. 3 COMMISSIONER BALDWIN: I don't ever participate in 4 that, but I'd like to today. 5 JUDGE POLLARD: Go ahead. 6 COMMISSIONER BALDWIN: Thank you. I just wanted to 7 announce that yesterday, Hudson August Baldwin was born in 8 this world up in San Angelo, and he's my new hero. And 9 his -- his mother was a 5A 100-meter sprinter, and his 10 daddy -- of course, y'all know what my boy Jesse did with the 11 NCAA on a national level. 12 COMMISSIONER MOSER: I don't think I know. 13 COMMISSIONER BALDWIN: I'll have to tell you in 14 private, 'cause it's roaring wild. But -- no, he ran on a 15 national level with NCAA. 16 COMMISSIONER MOSER: Okay. 17 COMMISSIONER BALDWIN: And was quite a guy. But 18 with those -- so I am in the process of making the little 19 boy -- he was born yesterday, but we're making him some 20 little hurdles, and we're going to make them to where they 21 can get bigger and bigger and bigger, so it's that time. His 22 name is Hudson August Baldwin. 23 COMMISSIONER LETZ: Is he going to go by "Hudson" 24 or "Augie"? 25 COMMISSIONER BALDWIN: He's going to go by Hudson. 5-5-14 44 1 COMMISSIONER LETZ: Hudson. 2 JUDGE POLLARD: What's if he likes piccolos instead 3 of -- 4 COMMISSIONER BALDWIN: He doesn't have any choice 5 in my family; you run the hurdles. Ask my children. 6 JUDGE POLLARD: All right. 7 COMMISSIONER BALDWIN: On Sunday mornings, what 8 happened to them. 9 JUDGE POLLARD: Any other Commissioners' comments 10 that I passed up the opportunity for? All right. 11 COMMISSIONER LETZ: Judge, I think we can handle 12 1.9, more than likely, and 1.10 before we go into closed 13 session. 14 JUDGE POLLARD: Okay. 1.9, then, is consider, 15 discuss, and take appropriate action on Interim Director and 16 operations at the Juvenile Detention Center. 17 COMMISSIONER LETZ: I put this on the agenda just 18 because of last week. I don't believe we need to go into -- 19 I think we can pass this. I think everything is -- you know, 20 the new position's being posted. Jason's interim; he's on 21 top of everything, so I don't think we have any action 22 necessary. 23 JUDGE POLLARD: No action necessary on 1.9? 24 COMMISSIONER LETZ: Correct. 25 JUDGE POLLARD: All right. And then 1.10 was -- 5-5-14 45 1 let's see. All right, consider, discuss, and take 2 appropriate action to finalize the layout and the costs 3 related thereto for addition to the Kerr County War Memorial. 4 The article in the paper was very effective. In fact, 5 over-effective. We had four gentlemen contact us about 6 paying for the project. One of them was Neil Griffin, who 7 reminded me that he and Jim Avery and L.D. Brinkman were the 8 three gentlemen that put in and paid for the entire cost of 9 the original war memorial. And when he read it in the paper, 10 why, he was most anxious to come forward, and he indicated 11 that he was going to send us a check. I believe that his 12 check is -- I don't think it's been received yet, but I think 13 it's going to be for $3,200, which is what I think the paper 14 indicated we were short. We were contacted by another 15 gentleman from out of town who wishes to remain anonymous. 16 He was a veteran -- a war veteran himself, and -- but he read 17 about it in the paper, or heard about it, I think he said, on 18 the radio, and was in a near town around here, and he put his 19 check in the mail at 11 o'clock that morning, and he told me 20 it was for $3,500. And I think it's -- I don't know that 21 it's been received yet, but probably will be received today. 22 I was contacted by another gentleman who came by my office -- 23 private office who wanted to pay for the project, and when he 24 found out -- I had to tell him -- I had to disclose to Neil 25 Griffin and the guy from out of town that each were sending 5-5-14 46 1 the money in, and I asked them if it was okay if they both 2 continued to send the money, and it would just be in the war 3 memorial fund to maintain it. Because in the interim, the 4 fellow furnishing the black marble indicated the polishing of 5 the black marble was going to cost from $500 to $700 more, so 6 now it was going to cost $3,700 to $3,900. So, I said, 7 "Since we have some additional costs, will you both" -- I 8 disclosed it to them. "Will you both send your money?" And 9 they both consented to that. When I told the third man that, 10 he decided -- because he -- he backed out then. He said 11 since the others are paying for it, he was going to save his 12 contribution for some later thing. I suggested to him that 13 we came in about $700,000 short on the ag building. He said 14 he wasn't prepared to make that... (Laughter.) 15 COMMISSIONER MOSER: And, Judge, there was a fourth 16 -- there was a fourth gentleman. 17 JUDGE POLLARD: That's right. 18 COMMISSIONER MOSER: That came to -- that I saw on 19 Friday evening that read about it in the paper, and he said 20 he would like to remain anonymous, okay. But here's the 21 check for $3,000. Okay? 22 JUDGE POLLARD: Okay. 23 COMMISSIONER MOSER: Now, what I would like to do 24 is, since we have -- give this to the -- to the Auditor, but 25 I would like to call this gentleman and tell him that I 5-5-14 47 1 learned in court today, okay, that we had funds that were 2 promised that we haven't received yet. 3 JUDGE POLLARD: Right. 4 COMMISSIONER MOSER: And if he'd still like to do 5 this, or he'd like -- 6 JUDGE POLLARD: I think that's only fair. That's 7 the way I dealt with the others. 8 COMMISSIONER MOSER: Yeah. 9 JUDGE POLLARD: That's only fair. 10 COMMISSIONER MOSER: Okay. 11 JUDGE POLLARD: So, if he consents to it, why, you 12 know, it's been phenomenally successful. 13 COMMISSIONER MOSER: So what it would do is, it 14 would go into maintaining the war memorial. 15 COMMISSIONER LETZ: And there will be some -- the 16 shrubs and other stuff out there are going to have to be 17 redone a little bit, I suspect, when we add to it. And it 18 probably needs to be redone, period, just from the 19 standpoint -- 20 JUDGE POLLARD: And heaven forbid if there are 21 further deaths that have to be added to it. We don't want 22 that to happen. Of course, that's sort of inevitable, isn't 23 it? 24 COMMISSIONER BALDWIN: What a great community we 25 live in. 5-5-14 48 1 JUDGE POLLARD: Isn't it? 2 COMMISSIONER BALDWIN: It's great. This is 3 fantastic. 4 JUDGE POLLARD: All right. 5 COMMISSIONER BALDWIN: That's the way it's supposed 6 to work. 7 JUDGE POLLARD: All right. We need to go into -- I 8 don't think we need to go into executive session now. That 9 was -- 10 COMMISSIONER LETZ: No, on 8 we do. 1.8, we do. 11 JUDGE POLLARD: Okay. Consider, discuss, and take 12 appropriate action on personnel matter in I.T. Department. 13 All right. 14 COMMISSIONER MOSER: Five-minute break? 15 JUDGE POLLARD: Yes, take a five-minute break. 16 I'll have to announce that I've got to leave too, so you'll 17 have to take it after the break without me. 18 (Recess taken from 10:00 a.m. to 10:02 a.m.) 19 - - - - - - - - - - 20 JUDGE POLLARD: All right, we're not going to go 21 into executive session. It's been -- we're going to defer 22 this to a later time. Okay, we're back in open session, and 23 this session is now over, terminated. 24 (Commissioners Court adjourned at 10:03 a.m.) 25 - - - - - - - - - - 5-5-14 49 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 6th day of May, 2014. 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 5-5-14