1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, June 8, 2015 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 June 8, 2015 2 PAGE --- Visitors' Input 4 3 --- Commissioners' Comments 10 4 1.1 Consider/discuss, take appropriate action on request from Texas Pork Producers to be added to 5 nonprofit list for use of River Star Park on July 10, 2015 at a reduced rate 15 6 1.2 Consider/discuss, take appropriate action for 7 final approval regarding Lot 1, Block 1, of RSBR-Highway No. 27 Subdivision, Precinct 2 17 8 1.3 Consider/discuss, take appropriate action to 9 approve amending plat of Lot 117R, Falling Water Subdivision, Precinct 3 18 10 1.4 Consider/discuss, take appropriate action to 11 review Kerr County Parks Rules and Regulations and set a public hearing for same 19 12 1.5 Consider/discuss, take appropriate action 13 regarding proposals for independent audit Services; requesting approval of motion to 14 call RFP for independent audit services for fiscal year end 9/30/15 35 15 1.6 Public Hearing regarding submission of 2015-16 16 TxCDBG Colonia grant application in support of Center Point project 36 17 1.7 Consider/discuss, take appropriate action to 18 authorize DRG Architects, LLC, to move forward with the jail expansion project 38, 19 66 1.8 Consider/discuss, take appropriate action 20 regarding filling a vacancy on the Kerr County Emergency Services District #1 Board of Directors 64 21 1.9 Consider/discuss, take appropriate action to 22 approve Kerrville South Wastewater Project – Phase VI Interlocal Agreement between Kerr 23 County and City of Kerrville 69 24 1.10 Consider/discuss, take appropriate action on resolutions for participants in Kerr County 25 Wounded Warrior Family Hill Country Adventure 72 3 1 I N D E X (Continued) June 8, 2015 2 PAGE 3 1.11 Consider/discuss, take appropriate action on report regarding geographical distribution of 4 VA Expenditures in Texas for FY14 78 5 4.1 Pay Bills 81 4.2 Budget Amendments 88 6 4.3 Late Bills -- 4.4 Approve and Accept Monthly Reports 89 7 5.1 Reports from Commissioners/Liaison Committee 8 Assignments 90 5.2 Reports from Elected Officials/Department Heads 94 9 --- Adjourned 100 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 1 On Monday, June 8, 2015, at 9:00 a.m., a regular 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 POLLARD: It's Monday, June the 8th, 2015. 8 It's 9 a.m., says the Sheriff. The Kerr County Commissioners 9 Court is in session. Let's all please stand and bow your 10 head in prayer, please. 11 (Prayer and pledge of allegiance.) 12 JUDGE POLLARD: All right. This is the public part 13 of the meeting. Is there anyone that wishes to speak in the 14 public part? I know there -- at least one or two have 15 expressed an interest in it. 16 MR. WAGGENER: Hi. Thank you. 17 JUDGE POLLARD: Yes, sir. State your name, please. 18 MR. WAGGENER: My name is Bob Waggener. 19 JUDGE POLLARD: Thank you. 20 MR. WAGGENER: I've been a resident of Flat Rock 21 Lake and Kerrville since 1998. I'd like to say thanks to the 22 Commissioners. Thank you, Judge Pollard. To give you a 23 little bit of background, I have a degree in geological 24 engineering from Lamar University, and I studied for my 25 Master's in marine geology at Texas A & M, Galveston, so I 6-8-15 5 1 have some good knowledge about what I'm about to talk about. 2 I'm talking about boating regulations at Flat Rock Lake. We 3 need to have something that has some teeth in it so the 4 Sheriff's Department can do something. And I'm going to give 5 you guys a little bit of history. There's been more -- there 6 have been four major floods in the Headwaters of the 7 Guadalupe since we've moved to our residence. In 1997, my 8 mother-in-law owned that property. We bought it then, but we 9 were here to see the effects October 1998, November 2001, and 10 June of 2002 to be sure. The river has risen considerably in 11 other flooding, but those were well managed by the G.B.R.A. 12 and Canyon Dam, as you guys were very familiar with. As a 13 result of those floods, we gained land. 14 As a property owner, we gained land. We estimate 15 roughly 7 and a half centimeters to 15 and a half 16 centimeters, 3 to 6 inches for king's English, were deposited 17 on our land, probably more, as a result of those floods. My 18 point being, contrary to what you might believe, in that 19 aspect, floods are beneficial. They clean the channels out. 20 They move the sediment downstream. They'll even move the 21 sediment out from behind Flat Rock Lake Dam if you leave it 22 alone. The river -- actually, the river flow actually moves 23 sediment and directs energy downstream. I -- only a small 24 part of that energy is directed at the riverbank. Motorized 25 craft, on the other hand, direct a small wave on the surface 6-8-15 6 1 of the riverbank, or the -- I'm sorry, surface of the water 2 to the riverbank. That small wave removes a few millimeters 3 of riverbank with every passing of a motorized craft. The 4 larger and faster the craft, the larger the wave, the more 5 energy directed at the shoreline. This results in a real 6 loss of land to us, as property owners. Even those with 7 concrete retaining walls, such as I have, we see erosion 8 behind the retaining walls as a result of these waves. 9 A symptom of riverbank erosion -- and I have photos 10 to show you gentlemen this -- is that it will -- it will 11 actually make the river wider. Floods don't normally do 12 that. They will make the river slightly wider, but they will 13 actually deepen the channel versus widening the river. Boat 14 wakes widen the river. And to put a real number estimate for 15 each gallon -- I went and actually did some calculation on 16 this. A real number estimate that each gallon of fuel a 17 motor craft consumes, it can result in a loss of as much as 18 an 8 square foot loss along that riverbank. What does that 19 cost? My land, roughly, based on the taxes that you guys lay 20 down on me, is roughly about $2 a square foot. That's what 21 it's worth. And put that over a mile of river, and over a 22 cost -- and that's probably a loss of about $16 a square 23 foot, so a mile, that comes out to roughly almost $16,000 in 24 land loss over the course of a year or so for one gallon of 25 fuel. I believe that's a conservative estimate to think 6-8-15 7 1 about. 2 The loss of the riverbank does not move down the 3 stream when we lose it. All it does is that it undercuts the 4 riverbank where you'll see the boat wakes cut out, undercuts 5 it, keeps undercutting it more and more. The riverbank falls 6 in right where it's at, doesn't go anywhere, and so it clogs 7 the channel. It then deposits sediment in the channel, and 8 then we have to worry about citizens; we have to worry about 9 how we're going to clean that up, how we're going to get -- 10 how we're going to fix it. And which is possibly 11 speculation, but we can see that it's a contributing factor 12 to sediment that we're seeing behind the Corps of Engineers 13 dam at Flat Rock Lake. But it also destroys the chance for 14 river plant life to grow again, and it inhibits new plant 15 growth which would re-enforce the riverbank otherwise. 16 I'll come at this from another angle as well, 17 safety. Y'all have talked about this before in previous 18 meetings. Predominantly, but not exclusive to major 19 holidays, we see a lot of motor craft on Flat Rock Lake. 20 They have little regard for their safety or the safety of 21 others. We were enjoying the river and swimming, canoeing 22 and kayaking activities. For example, last July 4th, we were 23 forced to place calls to the County Sheriff's office asking 24 them to talk to those on jet skis and large motor craft and 25 encourage them to either slow down or reroute their trips up 6-8-15 8 1 and down the river. It may be that the more alcohol they 2 consume, the worse it got. Imagine that. And the Sheriff's 3 Department had little in the way that they could reinforce 4 regulations that they had on hand, and they had little in the 5 way of park regulations they could point to and enforce. I'm 6 an avid fisherman -- rabid fisherman; I have no problem with 7 fishing boats on the river. And I do believe, though, that 8 jet skis have no place on Flat Rock Lake. We've seen what 9 they do; we watch them. And when they like to do their 10 maneuvers, their figure-8's, their jumps and everything else, 11 if they make a mistake, they're up against a tree or a stump, 12 and then they're done. We've seen it. So, they have no 13 place on Flat Rock Lake. 14 My proposal -- and in talking to some of my 15 neighbors, we propose that Flat Rock Lake be designated a 16 no-wake lake, trolling motors only if you're going to have 17 anything motorized on it at all. And there's no reason why a 18 guy in a bass boat needs a 225-horse Evinrude to get to where 19 he needs to go on Flat Rock Lake, because all they do in 20 those 225-horse Evinrudes is go up and down the lake as fast 21 as they possibly can. So, anyway, they pose -- trolling 22 motors pose fishermen -- they pose no real danger to 23 recreational swimmers and non-powered craft. I have four 24 grandchildren. They want to swim in that river; they want to 25 play in that river. We had to pull them out last July 4th 6-8-15 9 1 because of the jet skis mainly. We also realize that it's 2 the river that generates a lot of revenue for the county and 3 city of Kerrville, but we also believe as landowners, we look 4 to protect what we have and create a safe place for everyone 5 to enjoy. 6 I've got a few pictures here that I can share with 7 you all, and if you pass them around, you can see that 8 there's actually real damage to the riverbank, and even to 9 the point where you can see some of the concrete docks, 10 because they've been undercut, they're collapsing and 11 breaking underneath their own weight. So, anyhow, those 12 pictures are for y'all to keep, and I would hope that y'all 13 would take this up in a -- in a manner where you could 14 actually get something accomplished. I appreciate -- any 15 questions? I appreciate your time. 16 COMMISSIONER BALDWIN: Thank you. 17 COMMISSIONER LETZ: Thank you. 18 COMMISSIONER MOSER: Thank you. 19 JUDGE POLLARD: Is there a maximum limit you would 20 think on the size of a trolling motor? 21 MR. WAGGENER: I don't think a trolling motor could 22 even generate -- the biggest one I know of on the market 23 wouldn't generate a wake. 24 JUDGE POLLARD: Okay. 25 MR. WAGGENER: So -- 6-8-15 10 1 COMMISSIONER MOSER: We're not supposed to comment, 2 are we? 3 JUDGE POLLARD: You can ask questions if you want 4 to, but you'll have -- 5 COMMISSIONER LETZ: It's got to be an agenda 6 item -- 7 COMMISSIONER MOSER: Yeah. 8 COMMISSIONER LETZ: -- for us to ask questions. 9 JUDGE POLLARD: Yeah. 10 COMMISSIONER MOSER: It's an agenda item. 11 MR. WAGGENER: Thank you. 12 COMMISSIONER MOSER: It's an agenda item later. 13 JUDGE POLLARD: Is there anyone else wishing to 14 speak in the public part of the agenda? All right. There 15 being none, we'll go on to Commissioners and -- and comments. 16 How about it, Number 1? 17 COMMISSIONER BALDWIN: Only thing I can think of, I 18 give you fair warning that my son is coming home for the 19 first time in over 10 years. He's going to live in Kerrville 20 again. Going to be good to see him. He's bringing home a 21 little boy and wife this time, so he's going to be living in 22 my house -- 23 JUDGE POLLARD: Oh boy. 24 COMMISSIONER BALDWIN: -- for a short period of 25 time. So, anyway, he'll be around to say hi to each one of 6-8-15 11 1 y'all before too long. Thank you. 2 JUDGE POLLARD: Mr. Moser? 3 COMMISSIONER MOSER: Yeah, two or three things. 4 Number one, probably everybody knows about it. I don't know 5 if you saw the chalk art festival across the street. If not, 6 it's worth walking over there and looking. That brought in 7 about -- I don't know how many artists from all over the 8 United States that did this. They're like 10-foot by 10-foot 9 murals on the sidewalk, absolutely spectacular. I think 10 there were about 8,000 people that showed up for that over 11 the -- over the two days. So -- and it was to raise funds to 12 put an elevator in the Schreiner mansion. So, anyway, 13 really, really impressive. First annual one of those things. 14 Callioux' should be complimented for organizing that. The 15 other thing I would bring to everybody's attention on Tuesday 16 afternoon, like at 6:30, there's going to be a parade 17 downtown of the Wounded Warriors. There's seven wounded 18 warrior families coming in, and I'll talk a little bit more 19 about that in the agenda item, but just to make everybody 20 aware of it, the third annual Wounded Warrior Hill Country 21 event. 22 And then the only other thing I think is just a 23 follow-up on the park thing. I went through Flat Rock Park 24 and Lions Park yesterday about 8 o'clock. Unbelievable 25 number of people there, probably 100 people -- cars around 6-8-15 12 1 Flat Rock Park, most of them fishing, okay, picnicking and 2 playing volleyball and that stuff. And it was -- looked like 3 it was perfectly clean. I mean, it was very -- I mean, 4 everybody picked up. Trash cans were overflowing. We 5 probably need to put a few more trash cans around, but they 6 were -- it was amazing how clean it was. So, that's all I 7 have. 8 JUDGE POLLARD: All right. 9 COMMISSIONER BALDWIN: Good report. 10 JUDGE POLLARD: Go ahead. 11 COMMISSIONER BALDWIN: I just said, "Good report." 12 That's -- that was good news. 13 JUDGE POLLARD: Only thing I have is that Tim tells 14 me that somebody was out at Five Star Park over the weekend. 15 Somebody had rented it, but then canceled, and then 16 apparently showed up again. And it's pretty dirty; beer cans 17 and all that kind of stuff. Have you looked into it, Tim? 18 MR. BOLLIER: I'm looking into it as we speak, sir. 19 JUDGE POLLARD: All right. So, we continue to have 20 problems with the usage of the parks and so forth. That's 21 all I have. 22 COMMISSIONER LETZ: You mean River Star? 23 JUDGE POLLARD: Yes. 24 COMMISSIONER LETZ: Okay. 25 COMMISSIONER MOSER: River Star. 6-8-15 13 1 JUDGE POLLARD: Five Star, I called it, or River 2 Star, whatever. What is it, by the way? 3 COMMISSIONER LETZ: River Star. 4 MR. BOLLIER: River Star. 5 COMMISSIONER MOSER: River Star Park. 6 COMMISSIONER LETZ: Gosh, I've got to come up with 7 something. 8 COMMISSIONER MOSER: You've never not been able to 9 do that. 10 COMMISSIONER LETZ: Well, Little League All-Stars 11 is about to kick off -- there we go -- so we have a bunch of 12 kids playing, or continuing to play youth baseball. Thanks 13 to the debacle last year at the World Series in Chicago -- 14 for those that don't follow it, Chicago had an illegal player 15 on their team from their area. They won -- actually, they 16 won the U.S. World Series part. But because of that, they -- 17 Williamsport came down very hard on allowing anyone to play 18 outside their, quote, district boundaries. So, 19 unfortunately, Sam will not be playing All-Stars, even though 20 a lot of his teammates will be, because he particularly lives 21 in Comfort. He played in Kerrville. And despite an attempt 22 on my part, Williamsport board of directors for Little League 23 rejected our waiver request. 24 COMMISSIONER MOSER: You got time to move. 25 COMMISSIONER LETZ: No, can't move. Too late. So, 6-8-15 14 1 anyway -- but anyway, it will be a good group. I know we 2 have a good 12-year-old All-Star team and a good 9- and 3 10-year-old All-Star team. They'll be coming up before long. 4 And baseball continues. 5 COMMISSIONER MOSER: Good. 6 JUDGE POLLARD: Mr. Reeves? 7 COMMISSIONER REEVES: A couple things. I believe 8 Cowboy Camp Meeting started last night. Is that correct, 9 Number one? 10 COMMISSIONER BALDWIN: That is correct. And a good 11 time was had by all. 12 COMMISSIONER REEVES: And it will run through 13 Sunday, every night at 6 o'clock, and as they say, it's some 14 good food, some good music, and a pretty good message that 15 will be delivered. And then Sunday, I believe, starts about 16 10:45 with a service -- memorial service for all the ones 17 that have passed on in the past year, and then a lunch, so 18 it's always very good. And then Friday, the 19th, at 19 5 o'clock, probably the best deal for a good steak dinner 20 you'll find anyplace out at the Divide fire station, so I 21 hope everybody will come out and support that. That's all, 22 Judge. 23 JUDGE POLLARD: That Cowboy Camp Meeting, I 24 remember 45, 50 years ago, was the first place I ever ate 25 cooked rattlesnake. First time. Okay, we'll proceed now 6-8-15 15 1 with the regular agenda. Item Number 1.1; consider, discuss, 2 and take appropriate action on request from Texas Pork 3 Producers to be added to the nonprofit list for use of the 4 River Star -- not Five Star -- River Star Park on July 10, 5 2015, at a reduced rate. Mr. Kensing? 6 MR. KENSING: It's my understanding that you grant 7 a -- your reduction of the rental fee if we can prove that 8 we're a 501(c)(3). But we're a 501 -- 501(c)(5). 9 JUDGE POLLARD: They're all nonprofit, yeah. 10 MR. KENSING: Yes, sir. This one's just for -- 11 JUDGE POLLARD: You have proof? 12 COMMISSIONER REEVES: It's in our backup. 13 COMMISSIONER LETZ: We have the I.R.S. letter. 14 MR. KENSING: They faxed -- I think our executive 15 director faxed in our status. 16 JUDGE POLLARD: Yeah. What is -- what is the 17 discount we give? 18 COMMISSIONER REEVES: Half off. 19 MR. KENSING: Half. 20 JUDGE POLLARD: Okay. 21 COMMISSIONER LETZ: This is -- we've talked about 22 this, I think a year or so ago, in favor of it. It's 23 sponsored by kind of the local producers, and this is an 24 event that we would like to have them. 25 MR. KENSING: Yeah. This is our annual 6-8-15 16 1 conference -- summer conference. People from all over the 2 state will be here. It's a chance to show off our -- our 3 facilities to other people. 4 COMMISSIONER LETZ: Right. 5 MR. KENSING: I think it would be a great 6 opportunity for the county. 7 JUDGE POLLARD: How many people do you anticipate, 8 Mr. Kensing? 9 MR. KENSING: We're expecting over 200 at -- this 10 is our -- we call it our cookout. It's our Friday -- Friday 11 meal, and we expect over 200 people. 12 COMMISSIONER MOSER: But your other activities are 13 at one of the -- one of the hotels or motels? 14 MR. KENSING: At the Y.O., yes. That's our -- 15 that's our headquarter hotel, yes, sir. 16 COMMISSIONER MOSER: Okay. 17 COMMISSIONER LETZ: Move approval. 18 COMMISSIONER REEVES: Second. 19 JUDGE POLLARD: It's been moved and seconded that 20 we approve a discounted rate for the Texas Pork Producers. 21 Is there any further discussion? There being none, those in 22 favor, signify -- 23 COMMISSIONER LETZ: Can I just make a comment, just 24 for the future? 25 JUDGE POLLARD: Sure. 6-8-15 17 1 COMMISSIONER LETZ: I think maybe you know, we're 2 looking at privatizing the operations of that facility out 3 there, and if that happens, the people that are looking at -- 4 or contracting with us may not be granting the types of 5 discounts that we are, because from a financial standpoint, 6 long-term standpoint -- one year, no problem, but long-term, 7 those discounts may be changed substantially. 8 MR. KENSING: I understand. 9 COMMISSIONER LETZ: I just wanted you to be aware. 10 MR. KENSING: Thank y'all. Thank you very much. 11 JUDGE POLLARD: Any further discussion? Then those 12 in favor of the motion, signify by raising your right hand. 13 (The motion carried by unanimous vote, 4-0.) 14 JUDGE POLLARD: It's 4-0, unanimous. Thank you, 15 sir. 16 MR. KENSING: Thank you. 17 JUDGE POLLARD: 1.2; consider, discuss, and take 18 appropriate action for the Court's final approval regarding 19 the final approval for Lot Number 1, Block 1 of RSBR-Highway 20 Number 27 Subdivision, George W. Harbour Survey Number 39, 21 Abstract Number 194, Precinct 2. Mr. Hastings? 22 MR. HASTINGS: Thank you. This is a proposed 23 commercial development, Dollar General. It's in Center 24 Point. It's a high-density development area. This will be 25 on a community water system with Aqua Texas. It will be 6-8-15 18 1 served by an on-site septic facility. The minimum lot size 2 is 1 acre; they're proposing 1.36 acres. At this time, we're 3 asking the Court for their final approval regarding the final 4 plat for Lot 1, Block 1 of RSBR-Highway 27 Subdivision, 5 George W. Harbour Survey Number 39, Abstract Number 194, and 6 it is in Precinct 2. 7 COMMISSIONER MOSER: We had a lot of discussion 8 about this previously, so I move for approval. 9 COMMISSIONER BALDWIN: Second. 10 JUDGE POLLARD: Been moved and seconded for 11 approval of the final plat for this particular subdivision as 12 described in Item 1.2. Is there any further discussion? 13 There being none, those in favor, signify by raising your 14 right hand. 15 (The motion carried by unanimous vote, 4-0.) 16 JUDGE POLLARD: It's 4-0, unanimous. All right, 17 let's go to Item 1.3; consider, discuss, and take appropriate 18 action to approve amending the plat for Lot 117R, Falling 19 Water Subdivision, Kerr County, Precinct 3. Charlie 20 Hastings. 21 MR. HASTINGS: This subdivision was previously 22 approved in November, and it was filed, and the surveyor 23 found an error on it. They were using the amending plat 24 process, which is only for errors. There was a signature 25 block that was missing. They have redone that plat with the 6-8-15 19 1 correct signature block. They're asking for your approval. 2 COMMISSIONER LETZ: Move approval. 3 COMMISSIONER REEVES: Second. 4 JUDGE POLLARD: It's been moved and seconded for 5 approval to amend the plat as requested in Item 1.3 of the 6 agenda. Is there any further discussion? There being none, 7 those in favor, signify by raising your right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE POLLARD: It's 4-0, unanimous. Let's move on 10 to 1.4; consider, discuss, and take appropriate action to 11 review the Kerr County Park rules and regulations and set a 12 public hearing for same. 13 COMMISSIONER MOSER: Thank you, Judge. I will 14 address that for a moment. Previously, we -- we agreed that 15 Tim and the Sheriff and myself would review the -- the park 16 rules and regulations and come up with recommended changes to 17 those. We have done that. We met, and I'm going to hand to 18 you -- 19 COMMISSIONER BALDWIN: Thank you. 20 COMMISSIONER MOSER: This is -- what I've done is 21 handed to you the change version so you can see what we've 22 done, and then I also have a final version with those 23 changes. So, basically what we did was we tried to simplify 24 the park rules and regulations. 25 JUDGE POLLARD: Let me pass this on. 6-8-15 20 1 COMMISSIONER MOSER: Yeah. I have extra copies, 2 too, for -- 3 JUDGE POLLARD: I really want it to go to that 4 gentleman out there. 5 COMMISSIONER MOSER: Yeah, hand to it Mr. Waggener. 6 So, what we did, we tried to go through and -- 7 JUDGE POLLARD: Is this mine? 8 COMMISSIONER MOSER: Yeah, that's the final one. 9 Here's the one with the -- you can see the changes that we 10 made. This is the one accepting the changes. 11 JUDGE POLLARD: All right. 12 COMMISSIONER MOSER: So we have a clean draft. Our 13 objective was to go through there and simplify the document 14 as best we could, and eliminate anything that didn't need to 15 be there. There was some redundancy in the previous one; 16 there was some definitions that weren't there. We think we 17 have a pretty good thing that's -- from the standpoint -- 18 from my standpoint, from Tim's, and from the Sheriff's 19 standpoint, it's something we can do. I think the Sheriff 20 has got a few other late comments that he wants to make, and 21 perhaps some changes or clarifications, so I'm going to let 22 him talk to that. 23 SHERIFF HIERHOLZER: Well, I guess I don't have a 24 clean copy that's has it in the right order, -- 25 COMMISSIONER MOSER: Here you go. 6-8-15 21 1 SHERIFF HIERHOLZER: -- so I don't know where mine 2 -- this is one Tim had. 3 COMMISSIONER MOSER: That shows the changes, and 4 here's the clean one. Hand that to him. 5 COMMISSIONER BALDWIN: That's what -- I handed him 6 mine. 7 MS. STEBBINS: Can I make a copy of that? That 8 other one. 9 SHERIFF HIERHOLZER: Okay. On your clean copy, not 10 the one with the changes, but Section 2, where it says area 11 covered, the only thing, I think we're talking about parks, 12 and you may want to add something in there that says River 13 Star Park is excluded, so that it just doesn't get confused. 14 'Cause my understanding from Commissioners Moser is this does 15 not affect River Star. It's only the Ingram Dam and boat 16 ramp area, the Flat Rock Park, and the Lions Park. So, I 17 think just for clarity, there ought to be something under 18 that part. 19 COMMISSIONER LETZ: I think on that point, Rusty, I 20 think we really ought to put -- maybe attach a drawing, some 21 way to clearly identify it in case that comes up. And what 22 about Little League park? 23 COMMISSIONER MOSER: Well, there's three areas that 24 are in here. It's -- and I think we delineated those, and 25 it's Flat Rock Park -- Flat Rock Park, Lions Park, and -- 6-8-15 22 1 well, we should put that in, and also Ingram Dam and boat 2 ramp located within the county. Just those three entities. 3 COMMISSIONER LETZ: Right. I guess Flat Rock 4 covers over 100 acres. It depends on -- I don't know what 5 Flat Rock includes. 6 COMMISSIONER MOSER: Okay. So you're recommending 7 that we put something in there visually to show -- that's 8 good. 9 COMMISSIONER LETZ: Because Flat Rock is -- I mean, 10 it's part of a big parcel of property that includes the Hill 11 Country Youth Event Center, River Star, the Little League 12 fields, -- 13 COMMISSIONER MOSER: Sure. 14 COMMISSIONER LETZ: -- the, quote, dog park, all 15 that. So I think we need to make it real clear. 16 COMMISSIONER MOSER: Good. Good suggestion. 17 SHERIFF HIERHOLZER: Backing up -- 18 JUDGE POLLARD: It says it clearly, covers all 19 county parks. 20 SHERIFF HIERHOLZER: But see, it's not -- my 21 understanding, it's not meant to cover the Little League 22 fields or River Star Park and that. It's got to only cover 23 those designated ones, like Jonathan's saying. 24 COMMISSIONER MOSER: So that's the way we looked at 25 it, but that's a good suggestion. 6-8-15 23 1 SHERIFF HIERHOLZER: The only other thing -- and 2 this is something Heather probably ought to look at. Right 3 in the very first paragraph, where it says they're authorized 4 by Chapters 306, 316, 320, and 331 of the Local Government 5 Code, and looking those up, 306 actually only applies to 6 municipalities. And so -- 7 JUDGE POLLARD: Applies to what? 8 SHERIFF HIERHOLZER: Municipalities. 9 JUDGE POLLARD: Oh. 10 SHERIFF HIERHOLZER: Not counties. So, I think 11 that ought to be looked at, okay? If you'll look at it? 12 MS. STEBBINS: Mm-hmm. 13 SHERIFF HIERHOLZER: The other things that I had -- 14 COMMISSIONER LETZ: Back on the areas covered, I 15 know there is -- this does not cover the water, correct? 16 SHERIFF HIERHOLZER: No, not at this time. 17 COMMISSIONER LETZ: Only covers the land. 18 COMMISSIONER MOSER: We were silent on boats and 19 boat regulations, and let me tell you the reason we were. 20 I've had -- there's been a lot of comments, both plus and 21 minus, in favor of the rules and unfavorable of having boats 22 like Mr. Waggener was talking about on the lake, and the 23 detrimental effects and the positive parts of it. So, what 24 we thought is just leave that silent, and as we have a public 25 hearing on this -- which we've never had, so there will be a 6-8-15 24 1 public hearing, and we'll set that today hopefully. And it 2 will -- then we'll post this on the county website; we'll 3 post it here, whatever we come up with today, post it on the 4 county website and also post it here at the courthouse so 5 people can see it, and have plenty of time to look at it 6 before we have a public hearing. 7 COMMISSIONER LETZ: Well, should we not put 8 something -- and that's fine to go with that plan, but 9 shouldn't we have something about if the intent is to 10 possibly add that, I think we need to add that in now so that 11 the -- so that the people don't read this and say, "Oh, 12 they're not talking about water; I don't care." So those 13 that -- so that we have the water issue out before the 14 public. 15 COMMISSIONER MOSER: Well, it would have to be 16 there. But between the three of us, we didn't have a 17 position on saying -- 18 SHERIFF HIERHOLZER: The water issue needs to be 19 heard by the public, just like this gentleman was saying. I 20 think they all -- and whether it's done in this, you know, 21 public hearing, which is parks, and the water's part of that, 22 but what -- what part does the city of Kerrville have to say 23 in that water, okay? There's just a lot of issues there that 24 I think the Court and the City needs to look at and come up 25 with a solution. 6-8-15 25 1 COMMISSIONER MOSER: Same is true for Parks and 2 Wildlife, right. 3 COMMISSIONER LETZ: Yeah. 4 SHERIFF HIERHOLZER: So we just -- I didn't feel we 5 had the ability to address it ourselves. I'm trying just to 6 go through this real quick. Because -- 7 COMMISSIONER MOSER: We didn't have a reason to 8 take a position either way, so therefore we were silent on 9 it. But we should -- I agree with you; there ought to be 10 something to -- say, a red flag saying, you know, it should 11 be addressed. 12 COMMISSIONER LETZ: Right. Well, then, I mean, I 13 guess I'm hearing that the water issue won't be addressed in 14 these rules, and then we'll do -- at a future time, we'll 15 discuss the water part -- the water portion of all three 16 parks? 17 SHERIFF HIERHOLZER: My recommendation is there 18 should be some joint meetings between the City and the 19 County, and get both sides to figure out what they'd like to 20 do on the water issue, and get a public hearing with the 21 public and Parks and Wildlife on it and decide that. It 22 wasn't something we could decide in just these parks. I 23 think that is a separate issue that would be added to these 24 later. 25 COMMISSIONER BALDWIN: Now, the first thing you 6-8-15 26 1 need to do is make sure that we have any kind of authority 2 with the H2O of the place. I don't believe we do, but -- 3 COMMISSIONER MOSER: Excellent point, 'cause we 4 questioned that too. If we have the authority, and then if 5 there's something implemented, the enforcement thereof. 6 COMMISSIONER BALDWIN: If not, then, you know, if 7 it's Parks and Wildlife, then you encourage them to write the 8 rule. 9 COMMISSIONER LETZ: So, I -- I mean, I'm fine with 10 that, but I think we need to get that out to the public too, 11 that -- 12 COMMISSIONER BALDWIN: Sure. 13 COMMISSIONER LETZ: -- Step A, we're going to look 14 at the water and get -- the City of Kerrville needs to be in 15 on it because of Schreiner Park. And I don't know how far 16 the city limits of Ingram go, but, you know -- 17 COMMISSIONER REEVES: It's close, but I don't think 18 it will -- 19 COMMISSIONER LETZ: Cover? 20 COMMISSIONER REEVES: -- cover it, other than 21 possibly a little ETJ, which I don't have the knowledge on if 22 that would affect it or not. 23 MS. STEBBINS: I prepared an e-mail a while back 24 and sent it to -- I believe to Commissioner Reeves. I will 25 forward that to the rest of you. That answers some of those 6-8-15 27 1 questions about our authority to regulate motors -- boats in 2 the water there. 3 COMMISSIONER MOSER: Okay. 4 COMMISSIONER LETZ: Okay. 5 COMMISSIONER MOSER: Very good. 6 JUDGE POLLARD: I think it might be more 7 restrictive -- I'm not sure the rule -- more restrictive, but 8 not less restrictive, something like that, over state rules? 9 SHERIFF HIERHOLZER: Right. 10 JUDGE POLLARD: Anyway, whatever. 11 SHERIFF HIERHOLZER: Okay. And then on number -- 12 on your clean copy, on Page 2, B, it says Section 5, motor 13 vehicle A, and then B, the very last sentence -- 14 COMMISSIONER MOSER: So, Section 4B? 15 SHERIFF HIERHOLZER: Section 5. Vehicles, B on the 16 clean copy. 17 COMMISSIONER MOSER: Okay. 18 SHERIFF HIERHOLZER: The very last line under B 19 says, "been granted will be towed at the owner's expense." I 20 think that should be "may" be towed, not "will." You see 21 where I'm talking about? 22 COMMISSIONER MOSER: Mm-hmm. 23 SHERIFF HIERHOLZER: You're looking on the clean 24 copy? I just think "will" ought to be changed to "may" be 25 towed. 6-8-15 28 1 COMMISSIONER MOSER: Last line. So, instead of 2 having -- you know, going through this thing word by word by 3 all Commissioners Court, we took what -- the County 4 Attorney's draft, which included a lot of stuff, simplified 5 it. Here it is. So, I think the next thing to do is to add 6 the things that the Sheriff is recommending here this 7 morning. You got any more, Sheriff? 8 SHERIFF HIERHOLZER: There's one under Page 2, 9 Section 9, under animals. You have that nothing can be down 10 there other than dog or domestic cat, and I think you need to 11 say something along the order of, "except at times 12 specifically authorized by Commissioners Court" or something, 13 because of the stock show and the cattle and the horses or 14 whatever else that ends up down there during that time. Or 15 Easter Festival; somebody may have rabbits down there. I 16 don't know, okay? But I don't think you want to just limit 17 it always to domestic dogs or cats. 18 COMMISSIONER LETZ: Is there a -- 19 COMMISSIONER MOSER: Let me comment on that, if I 20 can, before you go to something else, Commissioner. And the 21 reason I think we discussed that, Sheriff, was I believe we 22 did because in the first paragraph of authority, it says 23 Commissioners Court may grant temporary exceptions to these 24 rules and regulations. So, if we want to grant something for 25 horses and animals and cows and pigs, we can do that without 6-8-15 29 1 specifying -- calling that out. 2 SHERIFF HIERHOLZER: And if that's good enough for 3 this Court, that's fine. 4 COMMISSIONER MOSER: Right. 5 COMMISSIONER LETZ: Is there -- and I'll look at 6 the County Attorney. Is there a definition for domestic pets 7 broader than this? 8 MS. STEBBINS: Oh, I don't know if it's broader, 9 but I can -- I'll look. 10 COMMISSIONER LETZ: I saw some guy walking around 11 with a macaw on his shoulder not too long ago. I don't think 12 the intent is -- certainly, I don't think Rusty would harass 13 a guy walking around with a macaw, but you need to have 14 rules. 15 SHERIFF HIERHOLZER: Right. And back on the very 16 first page, Jonathan, it says, under H, "Pet" means a 17 domesticated animal kept for pleasure rather than utility. 18 My only issue with that is, what about a seeing-eye dog? Is 19 that pleasure or utility? I don't know. There's just some 20 issues in some of that that maybe we -- 21 COMMISSIONER LETZ: We just need -- 22 SHERIFF HIERHOLZER: -- can clean up a little bit 23 better than what we could come up with. And then the last 24 thing that I would like for the County Attorney to look at is 25 enforcement. I can enforce state laws, any penal code 6-8-15 30 1 violation; I don't have a problem, and the officers can 2 enforce it. But if it's not an actual state law violation, 3 like it's staying after the hours, or driving on the grass or 4 some of these rules that are in here that are not violations 5 of state law, does this -- does the Commissioners Court have 6 the authority to put some kind of punishment type offense in 7 there? Whether it be a fine or ticket, I don't know. 8 MS. STEBBINS: I believe so, but I will look and 9 provide that to you. 10 SHERIFF HIERHOLZER: And then if there is, well, it 11 needs to be provided to them to be added to it. So if there 12 is, it should be in there. 13 MS. STEBBINS: Like creating a misdemeanor -- Class 14 C misdemeanor or something. 15 SHERIFF HIERHOLZER: However, yeah. It's under a 16 county ordinance, which there's not very many, but I just 17 don't know -- I don't want to try to enforce something we 18 have no ability to do anything with. Other than that, my 19 last comment is I think there needs to be some serious 20 discussions all the way around with the -- 21 COMMISSIONER MOSER: Water. 22 SHERIFF HIERHOLZER: -- with the water and boats. 23 COMMISSIONER MOSER: Watercraft. 24 MS. STEBBINS: My suggestion, before you move back 25 to watercraft, for the animals -- under the animals, it might 6-8-15 31 1 be wise to consider requiring them to clean up their -- the 2 pet waste in the parks as part of these rules if they do take 3 their animals into the parks. 4 SHERIFF HIERHOLZER: I think that's wise, too. 5 JUDGE POLLARD: Whatever we have, we don't want 6 them -- you know, a lot of people have leopards and boa 7 constrictors for pets and things like that. I don't think we 8 need -- there's no place for that down there. I don't know 9 how we would address that issue. 10 COMMISSIONER MOSER: Well, this is a step. This is 11 going to be an integrative process. What we can do is we can 12 take the comments we have today, incorporate them, and then 13 post them for a public hearing, 'cause there will be a lot of 14 other suggested changes. Or we can let this be open. We can 15 wait for another court session, but I would recommend that we 16 move forward on the thing. There's a lot of people 17 interested in it, and keep this ball moving. So -- 18 COMMISSIONER REEVES: I think -- 19 JUDGE POLLARD: I suggest we set a public hearing, 20 and then broaden it to include all of those -- discussion of 21 all of those items. 22 COMMISSIONER MOSER: Right. 23 COMMISSIONER LETZ: Yeah. I don't have any problem 24 with that. I think it will probably take two public 25 hearings, though. I think we're going to need to come up 6-8-15 32 1 with a kind of public hearing to gather information. 2 COMMISSIONER MOSER: Mm-hmm. 3 COMMISSIONER LETZ: Then once we have a set of 4 rules that's pretty close, have a second public hearing. 5 COMMISSIONER MOSER: Okay. And I would suggest we 6 have a public hearing the same time we do Commissioners 7 Court. Or we can do it separately; it's whatever the desire 8 of the Court is. 9 JUDGE POLLARD: Well, we could set one after a 10 Commissioners -- regular Commissioners Court -- 11 COMMISSIONER MOSER: Okay, let's do that. 12 JUDGE POLLARD: -- session. But this one's liable 13 to go a while, this public hearing. 14 COMMISSIONER MOSER: And -- 15 JUDGE POLLARD: Due to the interest. 16 COMMISSIONER MOSER: This is pretty important, too, 17 so I'd probably recommend that we -- we not do it at the next 18 Commissioners Court, but maybe a month from now, have the 19 first public hearing. 20 COMMISSIONER REEVES: I think give it time for 21 ample publication of notices in the newspaper. 22 COMMISSIONER MOSER: Right. 23 COMMISSIONER REEVES: And get the word out. 24 COMMISSIONER MOSER: Sure. 25 COMMISSIONER REEVES: Because, as you said, this is 6-8-15 33 1 too important just to -- 2 COMMISSIONER MOSER: Right. 3 COMMISSIONER REEVES: -- not cover everything on 4 it. 5 COMMISSIONER MOSER: So, our first Commissioners 6 Court in July would be what date? 7 COMMISSIONER LETZ: Like, the 12th or something. I 8 think it's the 12th. 9 JUDGE POLLARD: I don't have a calendar. 10 MR. ROBLES: It's the 13th. 11 COMMISSIONER MOSER: 13th. So, I make a motion 12 that we have a public hearing on the parks rules and 13 regulations as made -- as posted on the county website, a 14 draft thereof, and also posted at the courthouse, and have 15 the public hearing at 1 o'clock -- or 1:30 on July 13th. 16 JUDGE POLLARD: And then another about a month 17 later? 18 COMMISSIONER LETZ: I don't know about that one. 19 COMMISSIONER MOSER: Why don't we wait till then? 20 JUDGE POLLARD: Okay. 21 SHERIFF HIERHOLZER: Are you going to try and 22 discuss the water issue and watercraft on the 13th? 23 JUDGE POLLARD: Yeah. 24 SHERIFF HIERHOLZER: Somebody probably -- 25 COMMISSIONER LETZ: I'll second, then I'll make a 6-8-15 34 1 comment. 2 COMMISSIONER MOSER: Sure. 3 COMMISSIONER LETZ: I think that we need to, in the 4 public -- or on whatever we put on the website, we need to -- 5 we want to receive comments on water, you know, pets, 6 whatever, law enforcement. I mean, whatever. We need to get 7 something so they're just not looking at this document. 8 COMMISSIONER MOSER: Okay. 9 COMMISSIONER LETZ: That we want to receive the 10 comments on those other issues as well. 11 COMMISSIONER REEVES: And -- 12 COMMISSIONER MOSER: I'll amend the motion to 13 include that. 14 COMMISSIONER REEVES: And include that whenever the 15 first comes out, it's a draft. 16 COMMISSIONER MOSER: Correct. 17 COMMISSIONER REEVES: You know, we're looking for 18 the public's input on this, and this is just a draft. 19 COMMISSIONER MOSER: Absolutely. 20 JUDGE POLLARD: A draft will be publicized along 21 with the publicity for this first meeting. 22 COMMISSIONER LETZ: Right. 23 COMMISSIONER MOSER: Right. 24 JUDGE POLLARD: Okay. That's the motion, then. 25 It's a motion that we have a public hearing at 1:30, I think? 6-8-15 35 1 COMMISSIONER MOSER: 1:30 July 13th. 2 JUDGE POLLARD: 1:30 on July 13th, which is 3 following a regular Commissioners Court meeting that day. 4 All right. It's been moved and seconded that that take 5 place, that public hearing. Is there any further discussion? 6 There being none, those in favor, signify by raising your 7 right hand. 8 (The motion carried by unanimous vote, 4-0.) 9 JUDGE POLLARD: It's 4-0, unanimous. That's good 10 work. Thank you. We got a long way to go. 11 COMMISSIONER MOSER: Thanks to Tim and the Sheriff. 12 JUDGE POLLARD: Okay. 1.5; consider, discuss, and 13 take appropriate action regarding proposals for independent 14 audit services. Requesting approval of motion to call for 15 RFP for independent audit services -- that's my copy. 16 COMMISSIONER MOSER: Okay, I'm sorry. 17 JUDGE POLLARD: Where was I? Independent audit 18 services for the fiscal year ending 9-30-15. Brenda Doss. 19 MS. DOSS: Yes, sir. I'm asking for approval to 20 send out RFP's for audit services. 21 COMMISSIONER LETZ: Will it be a one-year, or -- 22 MS. DOSS: Usually you do a one-year with -- with 23 the option to extend for two years after that. 24 COMMISSIONER LETZ: And that's what we'll be doing? 25 MS. DOSS: Mm-hmm. 6-8-15 36 1 COMMISSIONER BALDWIN: Second. 2 COMMISSIONER LETZ: That was a motion. 3 JUDGE POLLARD: Okay. Is there -- it's been moved 4 and seconded that we -- what? That we have an independent 5 audit? 6 COMMISSIONER LETZ: Do an RFP. 7 MS. DOSS: Send out RFP's. 8 JUDGE POLLARD: Okay. Is there any further 9 discussion? There being none, those in favor, signify by 10 raising your right hand. 11 (The motion carried by unanimous vote, 4-0.) 12 JUDGE POLLARD: It's 4-0, unanimous. Thank you, 13 ma'am. Let's go to Item 1.6. This is a public hearing 14 regarding the submission of 2015-16 TxCDBG colonia grant 15 application in support of the Center Point project. 16 Commissioner Moser. 17 (The regular Commissioners Court meeting was closed at 9:41 a.m., and a public hearing was held in open 18 court, as follows:) 19 P U B L I C H E A R I N G 20 COMMISSIONER MOSER: Thank you, Judge. This is 21 just to review the -- review the bidding on this. What this 22 is is to have -- submit a submission for up to $500,000 for 23 Texas Department of Agriculture for a colonia grant if and 24 when we get to that point with the Center Point wastewater 25 system that'll connect individual properties that qualify for 6-8-15 37 1 this. So, we want to see if anybody from the public had 2 anything to say, and we can also add more detail, which 3 Annette Bargainer is here from Grantworks, so -- 4 JUDGE POLLARD: All right. With that background, I 5 declare the public hearing open. Is there anyone wishing to 6 speak to that issue? 7 (No response.) 8 JUDGE POLLARD: There being none, I'll close the 9 public hearing. 10 (The public hearing was concluded at 9:42 a.m., and the regular Commissioners Court meeting was 11 reopened.) 12 - - - - - - - - - - 13 JUDGE POLLARD: And we'll go on to the next item. 14 COMMISSIONER LETZ: Judge, if can I make a comment 15 on this one? 16 JUDGE POLLARD: Sure. 17 COMMISSIONER LETZ: I think we need to be real 18 careful that we -- the terminology is always very consistent 19 with all these. And this here refers to the Center Point 20 project, I think is what we're talking about, but we need to 21 make sure the public is aware that it's the East Kerr County 22 sewer project. I think we always use the exact same 23 terminology. 24 COMMISSIONER MOSER: Sure. 25 COMMISSIONER LETZ: Just so there's no confusion to 6-8-15 38 1 the public. 2 COMMISSIONER MOSER: Well, I think that's an 3 excellent point, because it does go all the way to the 4 eastern boundary and then into Kendall County, sure. 5 COMMISSIONER LETZ: And it's just -- there's -- 6 this project's been going on, so I'm not even sure what our 7 -- whatever we're using, we need to get to a point where 8 we're real consistent with all that. 9 COMMISSIONER MOSER: Good suggestion. 10 JUDGE POLLARD: All right. Let's go on to 1.7; 11 consider, discuss, and take appropriate action to authorize 12 DRG Architects, LLC, to move forward with the jail expansion 13 project. 14 SHERIFF HIERHOLZER: And that pretty well says it, 15 except that Mr. Wayne Gondeck is here. He has already done 16 some things and can give y'all kind of a schedule of events 17 at the same time during a discussion of how it would go and 18 how we would proceed to do that. So, I'd ask Wayne to come 19 up. 20 COMMISSIONER LETZ: Do you have plans yet? 21 MR. GONDECK: Thank you, Sheriff. I appreciate the 22 introduction. Commissioners, -- 23 COMMISSIONER MOSER: I bet he does. 24 MR. GONDECK: -- to answer that question, I'll have 25 to -- I do have a little handout that I'll let y'all pass 6-8-15 39 1 that around. Do you need one? The package that I just 2 handed out to you has several items there, and the first of 3 which is a letter from the Jail Commission addressed to Judge 4 Pollard and the Sheriff. They will be receiving a hard copy 5 by mail. But we have submitted the documents that we 6 prepared during the election -- bond election program to the 7 Jail Commission to get their feedback on -- comments on 8 compliance with minimum jail standards. As you may recall, 9 our initial phase of our agreement was to take that planning 10 phase up to that first schematic design portion there, and 11 that was to actually submit the documents and get that 12 approval from the Jail Commission. So, with that, we have, 13 you know, submitted that and gone through that first process. 14 As with any good bureaucratic agency, there are 15 multiple steps to that process, and this is just the first 16 phase that we're seeing compliance on those documents before 17 we go into construction. Now, there's actually three times 18 that we will submit documents to that agency. One is a 19 schematic design, which we have done. Two is the 20 design/development phase, which we'll have the actual 21 engineering drawings for structural and mechanical, 22 electrical and plumbing that are brought into a little bit 23 more of a schematic phase. And then the full construction 24 documents phase has to be submitted to the Jail Commission 25 before we get their approval to move forward to construction. 6-8-15 40 1 You know, that is a discretionary approval. The Jail 2 Commission does not prohibit -- or they don't stop work or 3 any of that type of effort. However, it is very prudent to 4 get all their approvals before moving forward. 5 Also within the agreement, before we do anything, 6 we're to obtain the approval of any other jurisdictions, any 7 other authorities that have jurisdiction over the project, 8 which would include the City, and get that permitting process 9 taken care of also. Where we are today, again, is at the 10 schematic design phase, and before we go any farther with our 11 contract or agreement with the County, we have to receive 12 authorization from Commissioners Court. Each of the phases 13 of the design and construction, we have to receive formal 14 authority from Commissioners Court to proceed. This is 15 basically the schematic design phase that is complete and 16 moving into design/development. The next phase would be 17 construction documents, and then the next phase would be the 18 bidding or the construction services procurement phase, and 19 then we'll move into the actual construction. So -- 20 COMMISSIONER BALDWIN: Wayne? 21 MR. GONDECK: Yes, sir? 22 COMMISSIONER BALDWIN: With each of those, are we 23 approving financing to go along with that -- this phase of 24 it? Or is that -- 25 MR. GONDECK: At each of those phases that we 6-8-15 41 1 present a budget, and we review the budget issues as to where 2 that project budget is, and we do ask for approval of that 3 budget before moving forward. And if we wanted to restrict 4 or change budget items as to where we're at, then yes, then 5 we do that at that time. 6 COMMISSIONER BALDWIN: Okay. 7 MR. GONDECK: And that is an element that we will 8 sort of get to here. Also, at any time when we reach any of 9 those milestones you may say is a very convenient time for 10 the Commissioners Court to say, "Thank you very much, 11 Mr. Architect. We've enjoyed your presence here. Now go 12 away and don't bother us any more," and the architect has no 13 recourse at that time. I mean, we're done any time that you 14 want to tell us, for convenience sake, that you want to go a 15 different direction. That is your prerogative. And it is my 16 responsibility to notify you that that is the way that your 17 agreement is written, and that all you owe me is -- whatever 18 work we've done to that point is what you owe me, and then we 19 go our merry way. Hopefully we don't go our merry way until 20 we're finished with this project, but that is it. 21 In looking at this, we have a very colorful diagram 22 here that deals with the schedule. Everything isn't on the 23 schedule; there's a lot of things that are going to be 24 happening, but these are sort of the primary things that 25 we're going to be looking at here, the first of which is -- 6-8-15 42 1 is the schematic design. And we've sort of summarily said 2 that that officially started the day that the bond election 3 was successful, but we actually were working on that when we 4 first got hired, all the way through the time -- we actually 5 did not submit that to the Jail Commission formally until the 6 bond election passed, because they don't like really to do 7 any formal reviews until the public says, "Yes, we're doing 8 something." So anything up to that point, they wouldn't 9 really give us a formal review. The second two lines are 10 minor or interim steps that we need to do before we can get 11 more detailed drawings. One is the topographic survey, and 12 the other is the soils report. 13 It's my understanding you do have -- with Voelkel 14 Surveying, that you do have a County Surveyor that you work 15 with, and that we could engage them to do the additional 16 topographic survey to go forward. Our agreement does allow 17 for us to work out those elements and to do that under a 18 reimbursable type of thing. In other words, we take care of 19 organizing that, getting those agreements -- you know, taking 20 care of it to make sure that they have the proper scopes, and 21 then take care of getting that done. That is a cost to be 22 incurred by the County, but that is something that we take 23 care of as far as organizing and getting that moving forward. 24 Same with the soils report, that we would engage the 25 geotechnical engineering firm, get that organized, get that 6-8-15 43 1 scope set out, and then have that once a report is finished, 2 that the County would pay for that. 3 COMMISSIONER LETZ: Wayne? 4 MR. GONDECK: Yes? 5 COMMISSIONER LETZ: On the soils part, have you met 6 our County Engineer? 7 MR. GONDECK: Yes. 8 COMMISSIONER LETZ: Okay. You just might visit 9 with him on that part of it, 'cause I'm -- you know, you 10 probably -- or may recommend the same company. Make sure 11 he's comfortable with whoever you pick. 12 MR. GONDECK: Yes, sir. We -- and we have 13 discussed a little bit on that. We've also -- now, we have 14 not engaged the -- obviously, the consulting engineers 15 formally also, because until we're authorized to go forward, 16 we can't really -- you know, we work for you, and until you 17 authorize us to move to that next phase, we really don't 18 bring along the rest of the team; we don't incur any costs on 19 your behalf or anything else. So we are very cautious in 20 that regard, that -- not to expose the Court to any more 21 billing, you know, that we can help. But, you know, this is 22 a big project. There is a lot of money involved in this 23 process, and we do have a fiduciary responsibility to the 24 Court to get a little bit meticulous on this. And sometimes 25 y'all may get tired of hearing how we're dealing with this. 6-8-15 44 1 I know that you have other projects that you've 2 dealt with construction-wise or whatever, but I think you -- 3 we've dealt with the Court before, and we do get very, you 4 know, meticulous on how we deal with things, because at the 5 end of the project, we want for y'all to be as aware of -- of 6 what you have and the process and everything that has 7 transpired so that y'all are as satisfied going into it as 8 you are coming out of it. And there will be questions. 9 There will be concerns. There will be items that are brought 10 up in the public that will need to be reviewed and discussed 11 and answered numerous times throughout the project, and we 12 want to make sure that we continue that communication as we 13 move forward. So, at any time that y'all tell me, "Wayne, 14 that's too much discussion, too much information; just give 15 us the paperwork and keep on moving," I'll do that. But 16 until you tell me that, I'm going to keep on providing 17 everything I can. 18 COMMISSIONER BALDWIN: Hey, Wayne? So, I'm just 19 curious about this. Is there -- do you have any reason to 20 think that there's a possibility that the soils study would 21 be different in this new facility than it was in the old 22 facility? 23 MR. GONDECK: Not that it's different, and with the 24 exception that the -- the code requirements have changed and 25 have been brought forward, so we would like to have an 6-8-15 45 1 independent assessment done in the specific areas where, one, 2 we need the borings done specifically where we are building 3 an addition. 4 COMMISSIONER BALDWIN: Sure. 5 MR. GONDECK: So we will have deep borings done at 6 that location specifically for that. And the recommendations 7 will come out differently than if they had been done 25 years 8 ago, because the codes that they are basing that on have 9 changed. I guess the concrete that was used 25 years ago may 10 be different than the concrete we're using today. But I'm 11 being facetious. 12 COMMISSIONER BALDWIN: Especially that kind of 13 crack. 14 MR. GONDECK: We're not even going to get into how 15 concrete is designed and all. It's all designed on a crack 16 section to begin with, but we'll skip over that. But we do 17 need to have a new report done. 18 COMMISSIONER BALDWIN: Sure. 19 MR. GONDECK: Because, you know, even as we move 20 forward with the existing building into the new construction, 21 that there's a lot of things that, as we touch things -- I 22 say "touch things," but as we do construction in the existing 23 facility, that that will trigger some additional code 24 compliance issue within the existing building that we will 25 have to deal with. And many of those questions may not be 6-8-15 46 1 answered today. It'll be answered as we move forward, and 2 some of the discussions with the City and their 3 interpretations. We may have some discussions back and forth 4 as to what we perceive, what they perceive. And, you know, 5 in the end, we will have, you know, probably an agreement 6 somewhere more leaning probably on their side than our side, 7 but that's typical with any, you know, authority there. We 8 have dealt with this situation of working with the cities, 9 and every place that we go has a building authority. All of 10 them, you take -- you can take the same code around the 11 state, and it has some nuances both within the code and the 12 local ordinances, or have some differences as far as how 13 they're applied. We have to work through all those things in 14 this process. This next phase is that big step into that 15 direction. 16 COMMISSIONER MOSER: How does it -- how far does it 17 manifest if the code were to change after you start a project 18 like this? 19 MR. GONDECK: Particularly, once you have submitted 20 that first set of documents for review process, that's 21 really -- it's sort of like starting in college on your 22 degree plan, in that your degree plan is set when you first 23 enroll in college. When you first submit your documents to 24 the authorities having jurisdiction, it typically is set at 25 that time. 6-8-15 47 1 COMMISSIONER MOSER: Locks it in. 2 MR. GONDECK: Just like with -- locks it in, just 3 like with the jail standards. And there's something within 4 that, both in their enabling legislation and some of their 5 preamble, that unless they specifically state it when they 6 adopt a new rule, that typically the rules that are in place 7 during the initiation of a project, that's the rules that we 8 have to comply with. But there have been times, you know, 9 even the Jail Commission and other entities have put in 10 place, you know, new rules that everybody has to comply with. 11 Most of those are operational, and they're not physical plant 12 rules. But, you know, sometimes there are some that deal 13 with the physical plant. The Legislature changed a little 14 bit on us during this last session on the video visitation, 15 as to how the Jail Commission can interpret that. And, 16 really, we are -- we did not, you might say, get into a 17 formal review process prior to that adoption on that, so we 18 don't have any of the exemptions that -- of being able to 19 provide everything on video visitation. We have to 20 provide -- however much video visitation that the Sheriff 21 decides to utilize, we still have to have the face-to-face 22 booths adequate to meet the statutory requirements. 23 JUDGE POLLARD: Are you seeking approval of 24 something here, such as for Phase 1 here and now? 25 MR. GONDECK: Yes, sir. One -- we're seeking about 6-8-15 48 1 three things today, -- 2 JUDGE POLLARD: Okay. 3 MR. GONDECK: -- Judge. One is that we have -- 4 have completed the initial phase of schematic design. Two, 5 that we are moving forward, or authorized to move forward 6 with the design/development phase. And three, that we are 7 establishing a fee structure, which I haven't got to yet. 8 Our contract did require us to bring to the Court the 9 estimate of costs and the fee structure, in that we are to 10 set the fees as a stipulated sum rather than a floating -- 11 JUDGE POLLARD: Yeah. 12 MR. GONDECK: -- percentage. 13 JUDGE POLLARD: Okay. These three things that 14 you've mentioned, do they constitute Phase 1? Is that what 15 you're asking? I'm just trying to -- you're talking about 16 different phases here. 17 MR. GONDECK: We are asking you to approve the 18 schematic design phase. 19 JUDGE POLLARD: I understand. 20 MR. GONDECK: And authorize us to move forward with 21 the design/development phase. 22 JUDGE POLLARD: And the approval of fees. 23 MR. GONDECK: And to establish a stipulated fee 24 structure -- a stipulated sum fee structure. 25 JUDGE POLLARD: All right. So my question to the 6-8-15 49 1 County Attorney, then, is are we authorized, under the 2 wording of this particular item in the agenda, 1.8 -- 1.7, 3 rather, to proceed with those specific items? 4 SHERIFF HIERHOLZER: Because of the contract that's 5 already been signed. 6 MS. STEBBINS: Yes, because of that, but also the 7 language is pretty broad on 1.7. You have authority to do 8 that. 9 JUDGE POLLARD: All right. 10 COMMISSIONER BALDWIN: Wayne, the topo and the soil 11 report and dispatch design renovation, that all comes under 12 design/development? 13 MR. GONDECK: Yes, sir. 14 COMMISSIONER BALDWIN: Okay. 15 MR. GONDECK: And the only reason that they -- we 16 broke out on the dispatch is to sort of prioritize that, is 17 because there's a possibility that there's some radio grants 18 and some other funding that may be available, and some things 19 moving forward that we need to be focusing, as the architect, 20 on making sure that that portion of our design work is done 21 on the front end there to facilitate what the Sheriff's doing 22 over on a separate issue, as far as getting equipment in and 23 equipment moved. So, that's just letting you know that we're 24 coordinating our efforts with what their needs are. There's 25 no additional cost with that, because that was always part of 6-8-15 50 1 the total package. 2 SHERIFF HIERHOLZER: All of that is part of the 3 jail expansion that was voted on. And the reason we're 4 putting the dispatch renovation first is because we also have 5 this separate issue that's ongoing right now, the dispatch, 6 the radio system upgrade and replacing the radio system, and 7 trying to tie those two in at the same time at the end so 8 that we don't, you know, mess with one doing the other. So, 9 it's just tying them all together. 10 JUDGE POLLARD: All right. Any other questions or 11 comments? Discussion? Do you want to move forward on a 12 motion, or discuss it further, or later -- 13 COMMISSIONER BALDWIN: Well -- 14 COMMISSIONER MOSER: I have -- go ahead. 15 COMMISSIONER BALDWIN: Well, you know, I think he's 16 asking us to move forward, and I'm happy to do so. I'm a 17 little -- I'm not sure I understand the fee structure issue. 18 You're getting to that right now, aren't you? 19 MR. GONDECK: I can go through those calculations. 20 If we look at the budget page, this is pretty much the budget 21 that we have -- or had for developing the original bond 22 amount, with some minor modifications here. The one 23 modification that we did not make was of the architectural 24 fee, but we did move some things around within the building 25 expansion and interior renovations, and one line item that we 6-8-15 51 1 did not specifically show previously was on the -- the 2 covering or reroofing the structure -- of the existing 3 facility, of putting that structure above. And what we've 4 been trying to do is break out a cost for that. That was 5 included sort of in that building expansion number 6 previously, and we've broken that out. But the -- the 7 numbers pretty much, as far as the building construction 8 cost, have stayed pretty much the same there. 9 COMMISSIONER MOSER: Wayne, on the original 10 estimate for 15 million, did that -- was the budget 11 contingency -- I mean project contingency that same amount? 12 MR. GONDECK: It was 400,000. 13 COMMISSIONER MOSER: Okay. 14 MR. GONDECK: The project contingency, and our 15 actual total project budget was 14-something, 14,0 -- or 978, 16 or -- it was some odd number. It didn't all total up to the 17 $15 million. 18 COMMISSIONER MOSER: Okay. 19 MR. GONDECK: Also, we did not have a cost of 20 issuance really in there. We had that kind of floating 21 around in the contingency. So, what I did was also to break 22 out a line item here on the cost of issuance, because that 23 came up at the last meeting as to whether it was in there or 24 not in there. I want to make sure as we move forward that 25 that number, whatever that is, if it stays at that 100,000, 6-8-15 52 1 if it's a little bit less, that that number can be accounted 2 for within this project budget. 3 COMMISSIONER MOSER: 3 percent -- 3 percent's not a 4 large amount for contingency on a project like this, so 5 that's -- 6 MR. GONDECK: Well, that's above and beyond what 7 we -- 8 COMMISSIONER MOSER: Right. 9 MR. GONDECK: -- looked at as far as -- 10 COMMISSIONER MOSER: Right. 11 MR. GONDECK: -- where we feel the numbers are 12 coming. 13 COMMISSIONER MOSER: That will be a challenge, but 14 I'm sure you can do it. 15 MR. GONDECK: Well, Commissioner, I think the 16 largest contingency that we've ever placed in a project, 17 especially at this -- 18 COMMISSIONER MOSER: Uh-huh. 19 MR. GONDECK: -- you know, post bond election or 20 anything, ourselves, has been about a 5 percent. 21 COMMISSIONER MOSER: Okay. 22 MR. GONDECK: We just don't -- we don't work on a 23 10 or 15 percent contingency out here, because I can't 24 justify it. 25 COMMISSIONER MOSER: Good. 6-8-15 53 1 MR. GONDECK: Mainly because -- 2 COMMISSIONER MOSER: Especially if you need it. 3 MR. GONDECK: -- this is the type of work that we 4 do, and we are familiar with renovations. 5 COMMISSIONER MOSER: Mm-hmm. 6 MR. GONDECK: The majority of our work here is 7 going to be on a -- the plant expansion, and that's why we've 8 kind of broken this out, and wanted to just sort of show more 9 of where we're at on, you know, what we have allowed for 10 that -- that reroofing, okay. That portion is up here. 11 We're looking at two million -- two and a quarter million for 12 the interior renovations. 13 COMMISSIONER MOSER: Mm-hmm. 14 MR. GONDECK: So we're trying to make -- I can 15 break those things out, and we still are very early. The 16 next budget that you see is even going to be more detailed 17 than this, looking at those specific areas, 'cause it's going 18 to be in the design/development phase. We're going to have a 19 harder plan and details of that. So, in each of these 20 phases, it's going to get into more and more detail as to the 21 input that we're going to have on that. 22 COMMISSIONER MOSER: Okay, thank you. 23 MR. GONDECK: I still haven't got to your question 24 on the fee structure, but what we did was to look at this, 25 and to look at the -- the construction issues that, right 6-8-15 54 1 now, we have a site utility allowance, and that's dealing 2 with, you know, the water/sewer. And then our rainwater 3 cachement issue is whether or not the Sheriff, you know, 4 looks again at that as to -- to a grant process, or looks at 5 that as to within the cost of this project here, that we may 6 have some cost within this project to augment that rainwater 7 catchment. But we do have some on-site utilities here. 8 Wells are going to have some additional fire line, you know, 9 extensions and improvements potentially on here based on the 10 current fire codes on that. So, in looking at that, we have 11 a line item of 150,000 for that, and so that pushes us out, 12 you know, really above that $13 million cost. In looking at 13 that, you know, 7 and a half percent was what our fee 14 structure was to be, not to exceed that, and that really puts 15 us somewhere around 975,000, 980,000 as a fee structure. 16 And what we did was come back and say, okay, we're 17 offering to the Court a $950,000 fixed fee structure, and 18 then to credit back the $30,000 that you have already paid us 19 for the work that was done during the bond program. That 20 total fee structure would be $920,000 from here to the end of 21 the project, so that would be the total fee structure. We do 22 have -- in addition to that, we did have reimbursable 23 expenses for travel and printing and other costs there; they 24 were listed in that. I believe earlier, I had $15,000 listed 25 in that. I dropped that down to about $3,000, 'cause the 6-8-15 55 1 travel to San Antonio is very limited. I almost think of 2 this as a local project for me, considering that my projects 3 are really usually 200 to 400 miles away from my office, so 4 60 miles up the road is -- 5 COMMISSIONER BALDWIN: You ought to pay us to allow 6 you to come to Kerrville anyway. 7 MR. GONDECK: Well, that's probably true, 8 Commissioner. And then the civil engineering, the contract 9 allows for $40,000 for the -- the fee on that, as above and 10 beyond. But that's an actual cost, whatever we negotiate in 11 the extent of that. 12 JUDGE POLLARD: Have you already chosen the 13 engineering firm? 14 MR. GONDECK: No, sir, we have not. We've 15 discussed it in-house and talked a little bit about that as 16 far as the civil engineer. We have a good idea on that, one 17 that's done a lot of work for the county. However, there 18 probably wasn't done a little more work on the city 19 utilities. That may -- we look at both those benefits there, 20 so -- but once we get that scope solidified, then we'll know 21 what that fee structure we look at. But we do think that 22 that allowance more than -- would cover that, because we 23 really don't have any major civil utility work, and the 24 grading -- other than having to push back everything, 25 excavate and stuff there, the grading, we know pretty much 6-8-15 56 1 what we have to do on that, so it's all straightforward. The 2 only question gets into whether or not the City's going to at 3 this point require us to do some other on-site detention pond 4 drainage and other things. So at this point, you know, I 5 guess to go back to your direct question, the proposal that 6 we would have here is, based on this budget, is that the 7 A & P -- the architect's fee would be established or set at 8 the $920,000. 9 JUDGE POLLARD: In view of the fact that we just 10 got this exhibit from him that he's given us, do you want 11 time to study that and come back at the next one, or do you 12 want to go ahead and do something now? 13 COMMISSIONER REEVES: We need to move. 14 COMMISSIONER LETZ: Yeah. 15 COMMISSIONER BALDWIN: My only question is -- and 16 it's just -- I'm just not clear. What is the status of the 17 bond money? Are we ready to start transferring funds and 18 doing those kind of things? 19 MS. DOSS: They haven't been issued yet, and I 20 haven't heard from Dusty since he was here last. 21 COMMISSIONER BALDWIN: So what do we do about that? 22 I just don't -- I'm not clear how you do that. 23 COMMISSIONER LETZ: When do you want to get paid? 24 MR. GONDECK: As soon as possible. (Laughter.) you 25 know, I do -- I don't know for sure, but I do believe that 6-8-15 57 1 y'all passed a reimbursement resolution. Whether y'all did 2 or not, I know that you can do that, but I'm not here to give 3 you financial advice on how to take care of that. 4 COMMISSIONER LETZ: Right. 5 MR. GONDECK: We would probably be looking at -- at 6 the July meeting, and thereafter, probably giving you a 7 monthly bill of some sort, probably for the next two years. 8 There would be some level of interaction there, so -- 9 COMMISSIONER LETZ: What -- I guess, what -- for 10 the next three months, what's the amount of estimated 11 expenditures? 12 MR. GONDECK: I believe that the schematic design 13 phase was 15 percent, but then when you take the -- I 14 probably need to give y'all more of a -- especially for the 15 Auditor and Treasurer to look at that, what a project draw 16 schedule would be. The design/development phase, I don't 17 have my contract with me; I don't remember if it was a 18 15 percent or a 20 percent, but it's probably 15 percent. 19 May even have been 10, 15 percent, so 25 percent over the 20 next three or four months. 21 COMMISSIONER LETZ: I think at that -- I mean, the 22 next question, I guess, is to the Auditor and County 23 Attorney. Can we use reserve funds and then pay ourselves 24 back when that is sold? 25 MS. DOSS: As long as you pass the reimbursement 6-8-15 58 1 resolution. 2 COMMISSIONER REEVES: I'm pretty sure we passed 3 that. 4 COMMISSIONER BALDWIN: Did we do that? 5 MS. DOSS: I don't know if y'all did it before I 6 got here. 7 COMMISSIONER BALDWIN: I think so too. 8 SHERIFF HIERHOLZER: I think you did do that, 9 because we spent that 30,000 -- 10 COMMISSIONER BALDWIN: Yeah, I think we did too. 11 SHERIFF HIERHOLZER: Y'all have done that before, 12 the reimbursement, and we can probably pull that court order. 13 But -- 14 COMMISSIONER BALDWIN: If we did -- if we did do 15 that, then we can use reserve money and then reimburse 16 ourselves? 17 MS. DOSS: Yes, sir. 18 COMMISSIONER BALDWIN: Okay. 19 COMMISSIONER LETZ: The -- and my recollection from 20 when Dusty was here, it would be two to three months -- two 21 months. 22 MR. GONDECK: He was talking about by the end of 23 July. And, really, those big chunks -- you know, we need to 24 make sure that that is available when the -- the construction 25 manager -- or however y'all decide to go forward with this. 6-8-15 59 1 COMMISSIONER LETZ: Right. 2 MR. GONDECK: You notice I don't have that on the 3 schedule today to discuss, but that's on the construction 4 procurement. That'll be in September or somewhere around 5 that -- September-October. That is definitely when this has 6 to be in place to really start looking at the construction 7 costs. 8 COMMISSIONER MOSER: So, Wayne, your 9 design/development phase is complete in, like, August this 10 year? August 10th? 11 MR. GONDECK: Yes, sir. 12 COMMISSIONER MOSER: So it's a -- you know, to meet 13 that kind of schedule, you have to -- we have to authorize 14 something today. And -- 15 COMMISSIONER BALDWIN: Let me ask a question, then. 16 As far as motions are concerned, should we keep this 17 schematic design that's already been done -- should that be a 18 separate motion, away from these other items? The 19 design/development -- 20 COMMISSIONER LETZ: I think we need to -- I mean, 21 to me, the schematic design work is -- is already done, 22 correct? 23 MR. GONDECK: Yes, sir. That was done in the -- 24 the initial phase of the -- we were charged to -- 25 COMMISSIONER LETZ: Right. 6-8-15 60 1 MR. GONDECK: -- do that during that initial bond 2 planning phase. 3 COMMISSIONER LETZ: Good. You're talking about 4 a -- from a moving forward, we need to authorize the topo 5 survey, the soils report and -- 6 MR. GONDECK: You really don't have to, 7 Commissioner, as far as -- you can. I'm just -- we don't 8 need specific authorization to do that, but it's good that we 9 do. Because that's all part of the contract. What we need 10 to do today is to have the authority to move into the 11 design/development phase. 12 COMMISSIONER MOSER: That's -- let's keep it simple 13 that way. And you could do it -- 14 MR. GONDECK: To move forward with the 15 design/development phase, by virtue of the contract, we are 16 required to -- 17 COMMISSIONER LETZ: Do that? 18 MR. GONDECK: -- arrange for the services of the 19 topo and the -- the soils report. Once we have authorization 20 to proceed, we have that -- 21 COMMISSIONER MOSER: See, if we had some percentage 22 of your A & E fees for that work, that's part of the design 23 and development for the next three months. Then we -- and I 24 know we could reimburse ourselves; we could authorize that. 25 I don't know what that percentage is, or what that -- 6-8-15 61 1 SHERIFF HIERHOLZER: Why don't I go to the clerk's 2 office and pull a copy of the contract and that order? 3 COMMISSIONER LETZ: Why don't we recess on this 4 until we get a copy of that so we can keep up with that? 5 COMMISSIONER MOSER: I think that's a good idea. 6 COMMISSIONER LETZ: And come back to it before we 7 leave today. 8 COMMISSIONER MOSER: Right. 9 JUDGE POLLARD: So, just -- not recess on it, just 10 put it off? 11 COMMISSIONER LETZ: Table it for a while. 12 JUDGE POLLARD: Table it. 13 COMMISSIONER MOSER: Table it. 14 COMMISSIONER LETZ: Until later in the meeting. 15 COMMISSIONER MOSER: Right. 16 COMMISSIONER LETZ: That way we might be more 17 comfortable, too, if we had a specific dollar amount -- 18 COMMISSIONER MOSER: Precisely. 19 COMMISSIONER LETZ: -- put in here. 20 COMMISSIONER MOSER: A not-to-exceed, yeah. Okay. 21 JUDGE POLLARD: All right. Is there any further 22 discussion on this? 23 COMMISSIONER BALDWIN: Yeah, I've got one more 24 question, Wayne. 25 MR. GONDECK: Yes, sir? 6-8-15 62 1 COMMISSIONER BALDWIN: Under the -- the schematic 2 design, that's one issue that we're dealing with today, -- 3 MR. GONDECK: Yes. 4 COMMISSIONER BALDWIN: -- that's already been done, 5 and we need to approve that and go on. But these other items 6 come under design/development, all these other items? The 7 topo, the soil and dispatch issue, as well as the fee 8 structure? 9 MR. GONDECK: The fee structure comes as far as 10 authorizing us to proceed. Once the bond election -- the way 11 that the contract -- and it goes back to the -- 12 COMMISSIONER BALDWIN: I'm trying to figure out how 13 to make our motions here, and how many motions. 14 JUDGE POLLARD: That's what I'm trying to figure 15 out. 16 MR. GONDECK: And that's -- and not being an 17 attorney, it's kinds of difficult for me to get into that, 18 because the way the contract was written is that it was a 19 contingent phrase that was plugged into the standard A.A. 20 contract that we couldn't proceed until successful passage of 21 the bond issue, and the Commissioners Court authority -- 22 authorized us to proceed. But also, at that time, that the 23 fee would be established from 7 and a half percent to -- 24 would be established as a fixed fee. So, we're dealing with 25 multiple things all triggering at the same time once we're 6-8-15 63 1 authorized to proceed. So at this point, really, the only 2 thing that we need to be authorized here is to be authorized 3 to move forward to the next phase, and then that triggers 4 certain things within the contract. 5 COMMISSIONER BALDWIN: Okay. That's what I was 6 asking. 7 MR. GONDECK: So once we're authorized to 8 proceed -- and, again, we can't -- by law, we can't bill the 9 County anything until you have the money in place, whether we 10 do the work or not. We're doing that at our risk until 11 you've actually, you know, got the funds available. We have 12 to make sure that you have the funds available before -- you 13 know, so that's why we are attuned to that reimbursement 14 resolution and other things that, you know, we're -- we have 15 to do some things in good faith to stay on the schedule, and 16 y'all have to do some things to keep things going in normal 17 business. But I think Rusty went to find the contract or 18 whatever. 19 COMMISSIONER LETZ: He went to get a copy of the 20 contract. 21 COMMISSIONER MOSER: We're just going to come back 22 to that. 23 MS. STEBBINS: And I think that you can do this 24 with one motion, to allow them to proceed with the 25 design/development phase. 6-8-15 64 1 MR. GONDECK: I know these are a lot of complicated 2 -- or some of this is just the minutae of what is in the 3 things here, and I may have given too much stuff all at one 4 time. Because that initial authorization to proceed with the 5 design/development phase is what we're looking at today, is 6 just authorization to move forward. I just wanted y'all to 7 be aware that once you do that, it triggers other things 8 within that agreement. 9 COMMISSIONER BALDWIN: Yeah. 10 COMMISSIONER MOSER: Okay. 11 JUDGE POLLARD: It might be helpful, in the future, 12 if what you handed us today could be given to us ahead of the 13 Commissioners Court. 14 MR. GONDECK: And -- yes, and I apologize for that. 15 We were trying to make sure that we got the Jail Commission's 16 letter, and as you can see there, it's dated Friday, and that 17 came in about 4:58 on Friday, you know. So -- but we should 18 have gone ahead and sent out the rest of it so that it could 19 have been in your packet ahead of time. 20 JUDGE POLLARD: All right. We'll reserve further 21 discussion on that till a little bit later in the -- 22 COMMISSIONER LETZ: Right. 23 JUDGE POLLARD: -- in this session. For right now, 24 let's move to 1.8; consider, discuss, and take appropriate 25 action regarding filling a vacancy on the Kerr County 6-8-15 65 1 Emergency Services District Number 1 Board of Directors. Mr. 2 Reeves? 3 COMMISSIONER REEVES: Yes, sir. We received a 4 resignation from Mr. Greg Meyer from the board of ESD 5 Number 1, and through visiting with some of the other 6 directors and with -- if it's okay with Commissioner 1, since 7 this affects his precinct and areas too, the name that has 8 been brought up, and I'd like to make a motion, would be 9 James Wood of Ingram to fill the two-year term that's created 10 by Mr. Myer's resignation. 11 COMMISSIONER BALDWIN: I second that motion, saying 12 that Mr. Wood -- James Wood is a man of integrity. He's a 13 perfect kind of guy to have in a position like this. 14 COMMISSIONER REEVES: And he was -- 15 JUDGE POLLARD: Any further -- 16 COMMISSIONER REEVES: -- very willing to serve. 17 JUDGE POLLARD: -- questions? All right. It's 18 been moved and seconded that James Wood be appointed to fill 19 that vacancy. 20 COMMISSIONER MOSER: Would you consider a 10-minute 21 break? 22 JUDGE POLLARD: After we do this. 23 COMMISSIONER MOSER: Okay, I'm sorry. 24 JUDGE POLLARD: Let me finish the motion. 25 COMMISSIONER MOSER: Yeah, sorry. 6-8-15 66 1 JUDGE POLLARD: Is there any further discussion? 2 There being none, those in favor, signify by raising your 3 right hand. 4 (The motion carried by unanimous vote, 4-0.) 5 JUDGE POLLARD: It's 4-0, unanimous. All right, 6 let's have a 10-minute break. 7 (Recess taken from 10:24 a.m. to 10:35 a.m.) 8 - - - - - - - - - - 9 JUDGE POLLARD: Okay, we're back in session. And, 10 let's see, the last thing we did was 1.8. We're going to go 11 to 1.9. Are we ready to go back now to -- 12 SHERIFF HIERHOLZER: I think we're ready to go 13 back. 14 JUDGE POLLARD: All right. Let's go back to 1.7, 15 then. 16 SHERIFF HIERHOLZER: And just a couple quick 17 comments about it. I did bring to you both the contract that 18 was signed and approved by this Court, and also the 19 reimbursement order that was signed and approved by the Court 20 in relation to this. 21 JUDGE POLLARD: Yes. 22 SHERIFF HIERHOLZER: And just to give you -- also, 23 a vision of it -- what we're envisioning is our engineer, 24 Charlie Hastings, would kind of be the local person to help 25 go over all this on a day-to-day and look at it and give 6-8-15 67 1 us -- you know, not get Road and Bridge involved, I don't 2 think, as we envision now as far as like they did on the Ag 3 Barn, but just to help understand a lot of that stuff. 4 JUDGE POLLARD: No, but in his capacity as the 5 County Engineer. 6 SHERIFF HIERHOLZER: Right, to help us with that. 7 Okay. 8 JUDGE POLLARD: My question to him is, have you had 9 a chance to look at any of this stuff, Charlie, that's been 10 presented here today? 11 MR. HASTINGS: No, I haven't seen it. 12 JUDGE POLLARD: Okay. 13 SHERIFF HIERHOLZER: Of course, there's no 14 engineering yet that's come out at this point yet. 15 JUDGE POLLARD: All right. 16 SHERIFF HIERHOLZER: This is just the -- go ahead. 17 COMMISSIONER LETZ: All right. And, Heather, help 18 me if I'm incorrect. I'll authorize Wayne Gondeck to proceed 19 with the design/development phase of the -- of the contract 20 for the jail expansion project. 21 JUDGE POLLARD: Is that sufficient wording to cover 22 the -- the three items that you were talking about? 23 MR. GONDECK: Yes, sir, if you make that DRG 24 Architects. 25 JUDGE POLLARD: DRG. 6-8-15 68 1 COMMISSIONER LETZ: Change "Wayne Gondeck" to "DRG 2 Architects." 3 COMMISSIONER MOSER: Should you put an amount in 4 it? 5 COMMISSIONER LETZ: No, I did not put an amount in 6 there. 7 JUDGE POLLARD: Yeah, but it's set forth in the 8 contract, isn't it? 9 COMMISSIONER LETZ: Yeah, it's set forth, but 10 it's -- 11 JUDGE POLLARD: It's -- the percentage is 12 probably -- 13 COMMISSIONER BALDWIN: 15 percent? 14 JUDGE POLLARD: Yeah. So, you can just make 15 reference to the contract previously approved in there if you 16 want to, and say in accordance with what was previously 17 approved in the contract, and authorize expenditures in that 18 amount. 19 COMMISSIONER LETZ: Okay. Well, I'll add in the 20 amount as authorized under the contract, and the funds if 21 needed will come out of reserves until funds -- until the 22 bond -- 23 SHERIFF HIERHOLZER: Sale. 24 COMMISSIONER LETZ: -- dollars are in-house. 25 COMMISSIONER MOSER: Right. 6-8-15 69 1 COMMISSIONER BALDWIN: Second. 2 JUDGE POLLARD: All right. It's been moved and 3 seconded that we approve DRG Architects proceeding with -- 4 with the design portion of the architectural contract, and 5 the architectural contract's been previously approved, and 6 that includes whatever expenditures are required under that, 7 and those expenditures have been -- will be covered by the 8 reimbursing order that's been previously passed by the Court, 9 that being reimbursement order -- Court Order Number 33938; 10 "Official Intent to Reimburse" is the title of it, and that 11 was passed on the 26th day of January this year, motion made 12 by Commissioner Letz and seconded by Commissioner Baldwin. 13 All right, that's the motion that's been made and seconded. 14 Is that correct? 15 COMMISSIONER BALDWIN: Yes, sir. 16 JUDGE POLLARD: Both of you approve that? 17 COMMISSIONER BALDWIN: I do. 18 JUDGE POLLARD: All right. Is there any further 19 discussion? There being no further discussion, those in 20 favor, signify by raising your right hand. 21 (The motion carried by unanimous vote, 4-0.) 22 JUDGE POLLARD: It's 4-0, unanimous. Thank you 23 very much. Okay, back to -- we'll go to 1.9 now; consider, 24 discuss, and take appropriate action to approve Kerrville 25 South Wastewater Project, Phase VI interlocal agreement 6-8-15 70 1 between Kerr County and City of Kerrville. Commissioner 2 Moser? 3 COMMISSIONER MOSER: Thank you, Judge. This is the 4 update for the interlocal agreement between the City and the 5 County for us to construct Phase IV of the Kerrville South 6 Wastewater System, and to turn that over to them for 7 ownership and operations once we do that. The County 8 Attorney has prepared this draft interlocal agreement, and 9 where do we stand with coordinating with the City? 10 MS. STEBBINS: On Thursday, after we had our 11 monthly conference, I sent it over to the City Attorney for 12 review, and let him know that we would have it before you 13 gentlemen this morning. He called and left me a message this 14 morning, said he got some late comments on Friday, nothing 15 substantive that he can see. And so I ask that y'all approve 16 this subject to any changes from the City that are not 17 substantive. If there are any changes in terms, then I'll 18 let you know, and we'll have to come back so that you'll have 19 to review the terms. 20 COMMISSIONER MOSER: So, I'll make a motion that we 21 approve this interlocal agreement contingent on the things 22 that the County Attorney just stated. 23 MS. STEBBINS: Any substantial changes. 24 COMMISSIONER MOSER: Yeah, no substantial changes 25 in what we get back from them. 6-8-15 71 1 JUDGE POLLARD: Is there a second? 2 COMMISSIONER LETZ: Second. 3 JUDGE POLLARD: All right. It's been moved and 4 seconded that we approve the interlocal agreement as proposed 5 here that's just been handed out in support of Item 1.9 on 6 the agenda. There being no substan -- represented to us that 7 there are no substantial changes in this, subject, however, 8 to the City's approval of it. 9 MS. STEBBINS: Yes, sir. 10 COMMISSIONER MOSER: Correct. 11 JUDGE POLLARD: All right. Is that a correct -- 12 anybody accept that form of the motion? 13 COMMISSIONER MOSER: So accepted. 14 JUDGE POLLARD: All right. Those in favor -- is 15 there any further discussion? 16 COMMISSIONER BALDWIN: I just wanted to say this -- 17 this document is -- I don't know how many years that we've 18 used this exact same document. 19 COMMISSIONER MOSER: It just delineates the 20 specifics for this particular phase, right. 21 JUDGE POLLARD: Okay. Any other discussion? There 22 being none, those in favor of the motion, signify by raising 23 your right hand. 24 COMMISSIONER BALDWIN: Aye. 25 (The motion carried by unanimous vote, 4-0.) 6-8-15 72 1 JUDGE POLLARD: It's 4-0, unanimous. All right, 2 thank you very much. Let's go to Item 1.10; consider, 3 discuss, and take appropriate action on resolutions for 4 participants in the Kerr County Wounded Warrior Family -- 5 Family Hill Country Adventure. 6 COMMISSIONER MOSER: Right. 7 JUDGE POLLARD: All right. Commissioner Moser? 8 COMMISSIONER MOSER: Thank you, Judge. Let me set 9 the stage for this third annual Hill Country Family Adventure 10 for Wounded Warriors. There will be seven Wounded Warrior 11 families here beginning Tuesday of next week, running through 12 next Sunday. 13 COMMISSIONER REEVES: Tuesday this week, 14 Commissioner. 15 COMMISSIONER MOSER: Tuesday this week, excuse me. 16 Thank you for that. Just going to show you some of the 17 things that's happening in that. There will be a parade on 18 Tuesday, then dinner at Mamacita's for these seven families. 19 On Wednesday, they have kayak trips and so forth for the 20 entire group, and then dinner on Wednesday by the Ingram Bass 21 Club at Kroc -- Salvation Army Kroc Center. And then on 22 Thursday, wine tours and fly fishing for the -- for those 23 families, and a day at Riverhill Country Club, so they're 24 going to split those up. And then that evening, barbecue at 25 Bluff Trails Ranch. On Friday, shooting adventure, and also 6-8-15 73 1 continuing the day at Riverhill Country Club. And for that 2 one, it's not an organized dinner, but the couples get to go 3 out without their children and enjoy the evening together. 4 And then on Saturday, scenic tours and shopping will be 5 provided, and with discounts for these families, and then 6 dinner at Camp C.A.M.P. in Center Point. And then on Sunday, 7 the farewell luncheon at the First United Methodist Church, 8 at which the resolutions will be presented. 9 And I would like to read for the record the 10 resolutions that will be there. These will be resolutions 11 for Raymundo Soto, for Jason Derrel Moon, for Richard Dean 12 Gooding, for Stephen R. Holden, for Cesar Trevino, for Rocky 13 Rocha, and for Jeremy Breece. The resolutions are prepared, 14 and will read as such: "Resolution by Kerr County 15 Commissioners Court honoring 2015 Kerr County Wounded Warrior 16 Family Hill Country Adventure participants," and each one 17 will be named, and his family. "Whereas, the 2015 Kerr 18 County Wounded Warrior Family Hill Country Adventure was 19 organized to provide a variety of opportunities for wounded 20 veterans and their families to enjoy activities in the Texas 21 Hill Country; and whereas, seven families have participated 22 in this event in Kerr County from June 9th, 2015, through 23 June 14th, 2015; and whereas, these seven brave servicemen 24 and their families have sacrificed to protect and defend the 25 United States and its citizens through the heroic efforts on 6-8-15 74 1 the battlefield; and therefore, be it resolved Kerr County 2 Commissioners join all residents in Kerr County to honor and 3 pay tribute to Wounded Warriors so named on the completion of 4 his Kerr County Wounded Warrior Family Hill Country 5 Adventure, and wish him and his family great success as he 6 continues his recovery and plans for the future and the 7 future of his family." Signed by members of Commissioners 8 Court. 9 COMMISSIONER BALDWIN: Question. When is that 10 presented? 11 COMMISSIONER MOSER: This will be presented at noon 12 at first United Methodist Church. It will be presented by 13 the Judge. It will be the Sunday -- 14 COMMISSIONER REEVES: This Sunday. This is the one 15 like we attended last year, that this is the Commissioners 16 Court presentation. The two mayors will welcome them 17 tomorrow night, and then this is with the Court on Sunday at 18 lunch there at First United. And also, if I may, the 19 barbecue on Thursday is the Bruce Oehler memorial, and it 20 will be held out at Ed and Sandy Warren's at Bluff Trail, and 21 so those of us that can attend that one, it'll be good. 22 COMMISSIONER BALDWIN: So it begins with the mayors 23 at Mamacita's, which I understand that dinner's full. Can't 24 be -- 25 COMMISSIONER REEVES: That's correct. 6-8-15 75 1 COMMISSIONER BALDWIN: They won't let us in. And 2 then it ends at the Methodist Church with all of us, I hope. 3 COMMISSIONER REEVES: Right. 4 COMMISSIONER BALDWIN: And the Judge making the 5 presentation. 6 COMMISSIONER REEVES: That's right. 7 COMMISSIONER BALDWIN: Very, very impressive 8 program at that one. I think we got the best part. 9 COMMISSIONER MOSER: Yeah. 10 COMMISSIONER BALDWIN: And because when Tony Arnold 11 came up with the idea, it -- it was birthed right here in 12 this room. I got him to bring it in here and just kind of 13 introduce his thought, and boy, it's really taken off into a 14 big deal. 15 JUDGE POLLARD: It's an emotional, heart-rendering 16 experience. It is. 17 COMMISSIONER BALDWIN: It is. 18 COMMISSIONER MOSER: And I think, along with 19 Commissioner 1, that's -- I think we need to highlight Tony 20 and Cynthia Arnold, too. 21 COMMISSIONER BALDWIN: Absolutely. 22 COMMISSIONER MOSER: They work so hard. 23 COMMISSIONER BALDWIN: Non-stop. 24 COMMISSIONER MOSER: All year. I mean, all year to 25 bring this thing about. I mean, it is down to every second 6-8-15 76 1 of who's going to do what for this thing, and just to get the 2 seven Wounded Warrior families -- 3 COMMISSIONER BALDWIN: Yeah. 4 COMMISSIONER MOSER: -- is a huge effort, to 5 coordinate with the -- with the government to get these 6 people authorized to come here, and make sure that -- I mean, 7 it's a ton of work. So, Tony -- 8 COMMISSIONER BALDWIN: True. 9 COMMISSIONER MOSER: Tony and Cindy do that. So 10 they will be clearly recognized for their -- 11 COMMISSIONER REEVES: And they also provide 12 activities for the children that they may not be able to do. 13 JUDGE POLLARD: And the spouses. 14 COMMISSIONER REEVES: You know, the children 15 especially -- Camp Stewart, the Heart, they get to go out 16 there and participate like they're a camper for a week. And, 17 I mean, so it's a great -- great opportunity for everybody 18 involved. 19 COMMISSIONER BALDWIN: Really, really a neat 20 program. I think one of the differences -- and let me just 21 say this, and I'll quit. One of the differences, there's a 22 lot of these kind of things going on around, but the 23 difference between us and other people is that we take the 24 whole family and we entertain them and educate them and 25 worship with them and the whole thing. It's the whole 6-8-15 77 1 family, not just the warrior. 2 COMMISSIONER MOSER: And the whole thing is funded 3 by donations locally, and every penny is spent right here to 4 honor these Wounded Warriors. 5 COMMISSIONER BALDWIN: Thank you for your service 6 to that thing. 7 COMMISSIONER MOSER: Well, and Bob and I have been 8 on the advising committee. You helped get it started. The 9 Judge presents it, so it's -- and so all of us participate in 10 that. 11 COMMISSIONER BALDWIN: Just don't tell Letz about 12 it. He'll want to have one in Comfort. (Laughter.) 13 COMMISSIONER MOSER: Okay. So -- 14 JUDGE POLLARD: All right. Is there a motion? 15 COMMISSIONER MOSER: I make a motion that we 16 approve these resolutions as presented. 17 COMMISSIONER BALDWIN: Second. 18 COMMISSIONER MOSER: And that they be presented to 19 the Wounded Warriors families on June the 14th by the Judge. 20 JUDGE POLLARD: Okay. 21 COMMISSIONER BALDWIN: Second. 22 JUDGE POLLARD: Been moved and seconded that we 23 approve the resolutions as presented, and be -- and that they 24 be delivered to the recipients at the stated time. Is there 25 any further discussion? There being none, those in favor of 6-8-15 78 1 the motion, signify by raising your right hand. 2 (The motion carried by unanimous vote, 4-0.) 3 JUDGE POLLARD: It's 4-0, unanimous. Okay. 4 Consider, discuss, and take appropriate action on report 5 regarding the geographical distribution of the V.A. 6 expenditures in Texas for fiscal year '14, GDX fiscal year 7 '14. Maggie Baker. And I'd like to also mention at this 8 time, we had our -- due to weather, we had our Memorial Day 9 dedication of the war memorial canceled, and it's been moved 10 officially, I think, to July the 4th at 11 a.m. 11 MS. BAKER: 11:00 to 12:00, yes. 12 JUDGE POLLARD: On the courthouse grounds here. 13 Hopefully we'll have good weather for it at that time. 14 COMMISSIONER BALDWIN: July 4th? 15 COMMISSIONER MOSER: July 4th. 16 COMMISSIONER BALDWIN: 11 a.m. 17 JUDGE POLLARD: 11 a.m. Is that the correct time? 18 MS. BAKER: Yes, sir. 19 JUDGE POLLARD: Okay, thank you. Go ahead. 20 MS. BAKER: Okay. This is just like an information 21 about the amount of money that comes into Kerr County each 22 year, and this is for 2014. And it says the attached is an 23 official report showing the amount of monetary benefits paid 24 by the U.S. Department of Veterans Affairs to veterans, 25 dependents, and survivors in Texas during federal fiscal year 6-8-15 79 1 2014. It's broken down by county as well as congressional 2 districts, and for Kerr County, they have the veteran 3 population is 4,945. The total expenditures -- this is all 4 moneys that came into Kerr County -- $68,426,000. 5 Compensation and pension claims -- that's all disability, and 6 the pensions are for low-income veterans and their families, 7 which is $30,342,000. Education and rehab benefits is 8 $1,357,000. General operating expenses; this is like for the 9 admin and H.R. people, which is $38,000. Insurance and 10 indemnities, which is the insurance -- like, different life 11 insurances that are paid to the families when the veteran 12 passes -- is $540,000. Medical care, $36,149,000, and that's 13 for all veterans and their families who have had to have the 14 medical care through the V.A. And unique patients, this is 15 the actual amount of veterans that have gone to the V.A. 16 Hospital here in Kerrville, is 2,599. 17 JUDGE POLLARD: Do you want these? 18 COMMISSIONER LETZ: I want the pen. 19 JUDGE POLLARD: I'm sorry. 20 MS. BAKER: And broken down by the congressional 21 district, the veteran population in District 21 is 68,614. 22 Their total expenditures for the district is $2,647,644,000. 23 Comp. and pen. is 325,096,000. Construction -- this is the 24 amount of money that was used for veterans' homes, like for 25 ramps and for A.D.A. purposes -- is $2,552,000. Education 6-8-15 80 1 and rehab is 56,066,000. Loan guarantees -- this is veterans 2 who take out loans through the V.A. -- is $2,046,206,000. 3 General operating expenses is $40,747,000. Insurance, 4 6,812,000. Medical care is 170,164,000. And the unique 5 patients that -- for District 21 that have gone through the 6 V.A. last year was 17,664. 7 JUDGE POLLARD: Those are substantial contributions 8 to our economy, our county. Very substantial. And, of 9 course, the medical community in general is a big portion of 10 our economy; State Hospital, Sid Peterson Hospital, and the 11 Veterans Hospital. We're fortunate to have all of those 12 facilities here. 13 MS. BAKER: Because right now we've got a new -- a 14 new thing through the V.A.; it's called the Choice Card, and 15 so a lot of veterans who can't get in to see their doctors, 16 or any of the -- the other -- oh, like if they need certain 17 special treatment or something, and if they can't get in to 18 see their doctor within 30 days, they have what's called the 19 Choice Card. And they call and they set them up with a 20 doctor or physical therapy or anything else outside of the 21 V.A., and so that's extra money that's getting to the 22 community as well. 23 COMMISSIONER BALDWIN: They need to do the same 24 thing with school systems. That's good, good numbers. Wow. 25 COMMISSIONER LETZ: That is good. 6-8-15 81 1 COMMISSIONER REEVES: Thank you. 2 MS. BAKER: Thank you. 3 JUDGE POLLARD: Thank you, Maggie. Okay, is there 4 anything for closed session today? Let's first go to paying 5 the bills and all of that stuff, and talk about that. Are 6 there any bills to pay? 7 MS. DOSS: Yes, sir. 8 JUDGE POLLARD: All right. Any questions about the 9 bills to be paid? 10 COMMISSIONER BALDWIN: Yes and no. 11 JUDGE POLLARD: Okay. 12 COMMISSIONER BALDWIN: I'm going to choose no at 13 this time, though. (Laughter.) 14 MS. DOSS: Thank you. 15 COMMISSIONER BALDWIN: Let's see. I see Page 1 is 16 nothing but lawyers. 17 JUDGE POLLARD: I wanted to point that out. 18 COMMISSIONER BALDWIN: Oh, Page 2. 19 JUDGE POLLARD: Yes. 20 COMMISSIONER BALDWIN: Look here. 21 JUDGE POLLARD: You know, it's -- this is a major 22 expenditure of our budget, and these are all attorney ad 23 litem or appointments for representing children, as required 24 by Texas law. 25 COMMISSIONER BALDWIN: I understand. 6-8-15 82 1 JUDGE POLLARD: And I guess you'd say this could 2 fall under the unfunded mandates portion -- 3 COMMISSIONER BALDWIN: That's true. 4 JUDGE POLLARD: -- coming from the State 5 Legislature. 6 COMMISSIONER BALDWIN: That is true. That's an 7 unfunded mandate. 8 JUDGE POLLARD: And that is a -- these are very 9 substantial figures, and it seems to me that it's just 10 growing and growing. And every juvenile that comes into my 11 court, we have to appoint an attorney ad litem on. I can 12 tell you also that we're paying those people at the rate of 13 $70 an hour, and we're having trouble getting lawyers that 14 are willing to come in and do that, because this is a -- the 15 major problem is that they have to come on short notice, and 16 right in the middle of their schedules over there. And, boy, 17 there are not many lawyers willing to do it, and especially 18 for $70 an hour, so I'm struggling to try to find other 19 lawyers to get involved. 20 COMMISSIONER MOSER: 140,000 a year is not too bad, 21 but I understand. 22 JUDGE POLLARD: Well, it also brings back to mind 23 our situation where -- do we want to have some kind of a 24 department with an attorney -- with full-time attorneys to 25 take that over instead of spreading it out among various 6-8-15 83 1 attorneys? I'm not recommending it. I'm just saying that's 2 something to be considered maybe in the future. 3 COMMISSIONER BALDWIN: I'm -- boy, I tell you what, 4 I've done everything I can do to have that conversation. 5 I've rounded everybody up, and it's -- there's always just 6 negative, negative, negative. But more than happy to 7 participate in it again, 'cause I think it's worth -- 8 something to talk about. 9 JUDGE POLLARD: It's -- there's not much question 10 in my mind that we could save some money by doing that, some 11 substantial sum. 12 COMMISSIONER LETZ: We had -- it was a couple years 13 ago up in the jury room up here. 14 COMMISSIONER BALDWIN: Yes, sir. Yeah. 15 COMMISSIONER LETZ: And the -- and, you know, it -- 16 intuitively, you think we'd save money, but wow, they throw 17 up every obstacle so that it doesn't save us a penny. 18 COMMISSIONER BALDWIN: Yeah. And you can imagine 19 25 or 30 lawyers in one room throwing up obstacles. It's 20 kind of fun. 21 JUDGE POLLARD: Well, at the rates they're getting 22 paid, I don't know why they're objecting. 23 COMMISSIONER LETZ: But it's worth looking at 24 again, since -- it hasn't happened since you've been judge, 25 and we ought to do it again. 6-8-15 84 1 COMMISSIONER BALDWIN: I think it would be a good, 2 fun thing to do. 3 JUDGE POLLARD: All right. Do you want us to put 4 it -- somehow put it on the agenda next time to -- to take a 5 look at? And maybe -- 6 COMMISSIONER MOSER: Do we need to get some -- 7 JUDGE POLLARD: -- have sort of a workshop on it? 8 COMMISSIONER MOSER: Yeah. Get some -- some first 9 order analysis of what we spend and what it would be, and 10 what benefits, and the costs thereof. 11 COMMISSIONER BALDWIN: Specifically what courts 12 and, -- 13 COMMISSIONER MOSER: Right. 14 COMMISSIONER BALDWIN: -- you know, what the goal 15 is with that. 16 JUDGE POLLARD: TAC doesn't favor it. The 17 discussion last time that I was involved -- and it was sort 18 of informal, but it was about us creating one for our county, 19 and TAC kind of opposes that and thinks we need to do it on a 20 regional basis to include other counties. 21 COMMISSIONER BALDWIN: Correct. 22 JUDGE POLLARD: And -- but at that time, it was 23 Kendall County that was interested in doing that, so maybe -- 24 maybe they're not so interested any more. 25 COMMISSIONER BALDWIN: I don't think that they're 6-8-15 85 1 interested. 2 JUDGE POLLARD: Yeah. So maybe we could take a new 3 look at it without somebody -- without them objecting to it. 4 I'm interested in trying to save money, of course, for 5 taxpayers. 6 COMMISSIONER LETZ: Sure. 7 COMMISSIONER BALDWIN: You saw the thing actually 8 work when we had the -- when we had the jail court, and her 9 mother worked out there. That was basically what that was. 10 JUDGE POLLARD: Mm-hmm. 11 COMMISSIONER BALDWIN: And it worked great, 12 fantastic. You know, the lawyer didn't -- didn't get rich 13 and move to New York or anything, but -- 14 COMMISSIONER LETZ: Commissioner, the last time we 15 looked at it, didn't we look at it just as a public defender 16 overall, as opposed to just juvenile? 17 COMMISSIONER BALDWIN: Yeah, and that's why it 18 bogged down, is the multi-district -- I mean, multi-county. 19 COMMISSIONER LETZ: If we focus just on juvenile, 20 it may -- 21 COMMISSIONER BALDWIN: Yeah. 22 COMMISSIONER LETZ: -- be a lot easier. 23 COMMISSIONER BALDWIN: Take a little step at a 24 time. 25 JUDGE POLLARD: Well, I don't know that it would be 6-8-15 86 1 enough on just juvenile, because we'll have to look at the 2 breakdown on just juvenile on that. It might not be enough 3 to justify it then. I'll look. We'll talk -- 4 COMMISSIONER LETZ: Even if you were just to -- 5 even if it wasn't a full-time position, if we just contracted 6 on a part-time -- or have it a -- you now, there may be some 7 way to do it. 8 JUDGE POLLARD: Okay. It's worth taking a look at, 9 then. 10 COMMISSIONER BALDWIN: It is. 11 COMMISSIONER LETZ: As soon as you get into a 12 public defender, then you have two district judges and two 13 district D.A.'s that are right in the middle of it. 14 COMMISSIONER MOSER: Going to be a lot of work for 15 you to pull something together on the benefits and the costs 16 and -- 17 JUDGE POLLARD: I don't care. It's worth looking 18 at. 19 COMMISSIONER MOSER: Buster will help you. 20 COMMISSIONER BALDWIN: But, you know, it kind of 21 takes off; it has, like, a life of its own. 22 COMMISSIONER MOSER: Yeah. 23 COMMISSIONER BALDWIN: Because if you get -- if you 24 find -- if there's a few lawyers in town that have kind of an 25 interest in it, and like we do, you know, want to know how 6-8-15 87 1 it's going to work and everything, they can drive the boat. 2 And it's work, but it's not a colossal mountain to climb just 3 to have -- have the discussion. 4 COMMISSIONER MOSER: Okay. 5 JUDGE POLLARD: On the juvenile end of it, I -- it 6 takes an attorney who is not necessarily interested in making 7 a lot of money. It's -- it's that they're interested in the 8 juvenile portion of it; they have a background in it, they 9 want to try to help kids, and that's the kind of lawyer it 10 takes to come in there and do that. And we have one that's 11 very involved in all of that; Shelley Becker drives over out 12 of Fredericksburg to do it pretty often, and I know Melinda 13 Luna is involved in that. There's several of them that are 14 just concerned about kids, and that's why they're doing it. 15 And so, anyway, it just takes that kind. 16 COMMISSIONER BALDWIN: Okay. 17 JUDGE POLLARD: All right, let's go ahead. Any 18 motion with regard to paying the bills? 19 COMMISSIONER BALDWIN: I move we pay the bills. 20 COMMISSIONER REEVES: Second. 21 JUDGE POLLARD: Been moved and seconded that the 22 bills as presented be paid. Any further comments or 23 discussion? There being none, those in favor, signify by 24 raising your right hand. 25 (The motion carried by unanimous vote, 4-0.) 6-8-15 88 1 JUDGE POLLARD: It's 4-0, unanimous. That passes. 2 All right, next item is to -- any budget amendments? 3 COMMISSIONER LETZ: Yes. 4 MS. DOSS: Yes, sir, three. 5 COMMISSIONER LETZ: I move we authorize the three 6 budget amendments. 7 JUDGE POLLARD: Is there a second? 8 COMMISSIONER REEVES: I'll second. 9 JUDGE POLLARD: It's been moved and seconded that 10 we authorize the budget amendments. Any further discussion 11 on that? 12 COMMISSIONER BALDWIN: Just a question to the 13 County Clerk. What kind of office supplies are you talking 14 about? Is this still kind of start-up? 15 MS. BOLIN: No, sir. 16 COMMISSIONER BALDWIN: Start-up, new County Clerk 17 type stuff? 18 MS. BOLIN: No, this is toner cartridges for the 19 courtrooms that we use, as well as my office. 20 COMMISSIONER BALDWIN: What did she say? 21 COMMISSIONER REEVES: Toner cartridges. 22 COMMISSIONER BALDWIN: Oh, toner cartridges, I see. 23 COMMISSIONER REEVES: But one of the reasons you're 24 over budget in that is because of some of the earlier 25 start-up costs -- 6-8-15 89 1 MS. BOLIN: Correct. 2 COMMISSIONER REEVES: -- was abnormal for a normal 3 year, right? 4 MS. BOLIN: Yes, sir. 5 COMMISSIONER REEVES: "Abnormal for a normal." 6 Does that make sense? (Laughter.) 7 COMMISSIONER MOSER: Way to go, Yogi. 8 JUDGE POLLARD: Okay, is there any further 9 discussion on it? Seeing none, those in favor of the motion, 10 signify by raising your right hand. 11 (The motion carried by unanimous vote, 4-0.) 12 JUDGE POLLARD: It's 4-0, unanimous. Late bills? 13 MS. DOSS: None. 14 JUDGE POLLARD: None. All right. Approve and 15 accept monthly reports? 16 COMMISSIONER REEVES: Yes, sir. 17 JUDGE POLLARD: Good stack of them, as usual. 18 COMMISSIONER REEVES: J.P., Precinct 1, month of 19 May 2015; Constable, Precinct 1, for the month of May 2015; 20 J.P., Precinct 2, for the month of May 2015; Constable, 21 Precinct 2, for the month of May 2015; J.P., Precinct 3, for 22 the month of May 2015; Constable, Precinct 4, for the month 23 of May 2015; Environmental Health Department for the month of 24 May 2015; Animal Services for the month of May 2015. And 25 none of these require signatures. 6-8-15 90 1 COMMISSIONER LETZ: Move we accept the monthly 2 reports as presented. 3 COMMISSIONER MOSER: Second. 4 JUDGE POLLARD: It's been moved and seconded that 5 we accept the monthly reports as presented and just recited 6 by Commissioner Reeves. Is there any further discussion? 7 There being none, those in favor, signify by raising your 8 right hand. 9 (The motion carried by unanimous vote, 4-0.) 10 JUDGE POLLARD: It's 4-0, unanimous. Reports from 11 Commissioners and liaison/committee assignments. Anybody? 12 Yes, sir? 13 COMMISSIONER LETZ: Bob and I together, kind of, 14 just a little bit of an update on the RFP for the management 15 contract with Hill Country Youth Event Center. We have met, 16 or -- conference called or met with both Pinnacle and Global 17 Spectrum, gone over a lot of the questions that we had. They 18 are both going to be submitting a revised pro forma statement 19 based on clarifying and doing things so they're more 20 apples-to-apples. I think our thought is that we -- well, 21 and I'm not comfortable with the two of us making -- going a 22 whole lot further on this decision. I think it needs to come 23 before the whole Court with just a little bit of interview 24 and question/answer. This is a pretty big project. 25 JUDGE POLLARD: Absolutely. 6-8-15 91 1 COMMISSIONER LETZ: And our idea is to kind of -- 2 once we get the information back, to have Global Spectrum and 3 Pinnacle come before the Court, probably at a special 4 meeting, to kind of just spend some time, interview them in 5 executive session, and then after that, make a decision, 6 hopefully. You know, we're looking at trying to have a 7 decision maybe, if possible, by the first meeting -- I think 8 we should be able to by our first meeting in July. 9 COMMISSIONER MOSER: Good. 10 COMMISSIONER LETZ: And sometime between now and 11 then, look at schedules and have a special meeting. 12 COMMISSIONER MOSER: Okay, great. 13 COMMISSIONER LETZ: That kind of sums it up, 14 doesn't it? 15 COMMISSIONER REEVES: Pretty well sums it up. 16 They've both been very favorable and open to coming back here 17 and talking to us. 18 JUDGE POLLARD: Let's do that. 19 COMMISSIONER LETZ: And Global says they have no 20 problem coming back down. You know, they'll probably send 21 local people; it might not be the same people that were here 22 before, but they were certainly glad to send people down as 23 needed. 24 JUDGE POLLARD: Okay. Anything else? Any other -- 25 do you have anything, Mr. Baldwin? 6-8-15 92 1 COMMISSIONER BALDWIN: I don't think so. I see 2 this -- I'm curious. I'm going to ask, I guess, in private, 3 but before I do, I'm going to ask in public. (Laughter.) 4 This letter that we received from J.P. Number 3, and her 5 requesting her salary increased, I'm just wondering if y'all 6 intend to put that in the budget for us to vote up or down 7 on, or how you want to handle that. It's the first one I've 8 ever seen like this. 9 JUDGE POLLARD: Yeah. 10 MR. ROBLES: We're doing that separately on July 11 6th. 12 JUDGE POLLARD: It has not been included in 13 anything in the budget? 14 MS. DOSS: No, not yet, but it will be included 15 with the additions to personnel that I believe we address 16 separately on July 6th. 17 COMMISSIONER LETZ: I think we need -- we need to 18 meet on salary -- this is my feeling. My feeling is that we 19 leave the salary numbers -- all those numbers the same for 20 everybody, other than the -- you know, the -- the every three 21 years, the -- 22 MS. DOSS: COLA? 23 COMMISSIONER LETZ: Well, not the COLA, no. The -- 24 MR. ROBLES: Longevity. 25 MS. DOSS: Oh, the longevity. 6-8-15 93 1 COMMISSIONER LETZ: Longevity and any of those that 2 are kind of automatic under our policy get included, but 3 nothing else get included. I'd rather have all those on a 4 separate sheet that we look at, including your increase. 5 COMMISSIONER MOSER: I would too. I agree. 6 COMMISSIONER LETZ: Otherwise these things get, to 7 me, lost and passed, and we don't know what we do sometimes. 8 COMMISSIONER MOSER: Right, I agree with you. 9 MS. DOSS: I agree. 10 COMMISSIONER LETZ: And the COLA should be left out 11 until the very end as well. 12 JUDGE POLLARD: I agree. 13 COMMISSIONER BALDWIN: But include it. 14 COMMISSIONER LETZ: List it. 15 COMMISSIONER BALDWIN: We need to see it. 16 COMMISSIONER REEVES: So we know the dollar amount. 17 COMMISSIONER LETZ: Yeah, I think we need to know 18 all the requests. I have no problem looking at all those, 19 but I don't want them included. 20 MS. DOSS: Okay. 21 JUDGE POLLARD: Okay. 22 COMMISSIONER LETZ: Your request, too. 23 COMMISSIONER BALDWIN: That's all, Judge. That's 24 all I had. I was just concerned about that. 25 JUDGE POLLARD: Okay. Anything else? Do you have 6-8-15 94 1 anything, Mr. Moser? 2 COMMISSIONER MOSER: No. 3 JUDGE POLLARD: Bob? 4 COMMISSIONER REEVES: No, sir. 5 JUDGE POLLARD: All right. Reports from elected 6 officials/department heads? Any of you? 7 MS. STEBBINS: I have a report, quickly. 8 JUDGE POLLARD: Okay. 9 MS. STEBBINS: This week you'll be seeing a new 10 assistant prosecutor following Ilse and Joe and I around, 11 later -- she's coming on Wednesday. One of the prosecutors, 12 Ilse, is leaving, and so we -- I have interviewed several 13 people, and found someone whom I think will work in our 14 office. And it's a budgeted position. I just wanted to let 15 you all know you'll see a new prosecutor. 16 JUDGE POLLARD: This is one that looks good for a 17 replacement, you're talking about? 18 MS. STEBBINS: Yes, sir. Yes, sir. 19 JUDGE POLLARD: Very good. 20 MS. STEBBINS: She's got some good experience. I 21 think that she'll fit well here. 22 JUDGE POLLARD: That's good news. 23 MS. STEBBINS: Yeah. 24 JUDGE POLLARD: We're going to miss Ilse, I 25 guarantee you. 6-8-15 95 1 MS. STEBBINS: That's the truth. 2 COMMISSIONER MOSER: No kidding. 3 MS. STEBBINS: But she's going to Italy. What can 4 we do? 5 JUDGE POLLARD: Yeah. 6 COMMISSIONER LETZ: You know, good for Ilse. 7 JUDGE POLLARD: Yeah. 8 COMMISSIONER MOSER: Does she need to be visited 9 over there? 10 MS. STEBBINS: I'll say yes, absolutely. 11 COMMISSIONER MOSER: I think that it would be 12 appropriate. 13 MS. STEBBINS: I agree. 14 JUDGE POLLARD: I think she'd be tickled to death 15 about that, frankly. She really would. She's going to miss 16 us too; she said so. 17 MS. STEBBINS: She will. 18 JUDGE POLLARD: Yeah. 19 MS. STEBBINS: She's kind of a government law 20 junky; she loves it. 21 JUDGE POLLARD: It will be kind of neat to keep her 22 informed about the things that she's been involved in by 23 e-mail, because she -- you know, we're starting things right 24 here before she leaves, issues coming up, and she -- she 25 wants to know the rest of the story. 6-8-15 96 1 MS. STEBBINS: She will. She will want to know the 2 rest of the story; that is true. 3 JUDGE POLLARD: All right. 4 COMMISSIONER MOSER: I have one other thing that I 5 would like to just mention. I should have mentioned it a 6 while ago. 7 JUDGE POLLARD: Okay. 8 COMMISSIONER MOSER: And that is, if you stop and 9 think about all the potential construction going on in this 10 county, $33 million potential East Kerr County wastewater 11 system, a potential -- probably $30 million if Mooney 12 builds -- if the facility for Mooney's new aircraft -- 13 COMMISSIONER BALDWIN: Avery. 14 COMMISSIONER MOSER: -- were to be built out there, 15 $15 million for Avery, $15 million for the jail. You know, 16 when you put all -- that's huge. 17 COMMISSIONER BALDWIN: It really is. 18 COMMISSIONER MOSER: Huge activity. 19 COMMISSIONER LETZ: New athletic fields -- the new 20 athletic field is only 10 million or 12 million, whatever. 21 COMMISSIONER MOSER: Precisely. 22 COMMISSIONER LETZ: No one knows the real number, 23 but -- 24 JUDGE POLLARD: Yes. 25 COMMISSIONER MOSER: Right. So, anyway, that's, 6-8-15 97 1 you know, both government and private sector, but, you know, 2 if I were in the construction business, I'd think, wow. 3 COMMISSIONER BALDWIN: Yeah, I agree. 4 JUDGE POLLARD: Well, some of that's going to stay 5 here in our county. 6 COMMISSIONER LETZ: Most of it is. 7 COMMISSIONER MOSER: All -- everything I mentioned 8 is in the county. 9 COMMISSIONER LETZ: All of them. 10 JUDGE POLLARD: A lot of money, the personnel and 11 all that. 12 COMMISSIONER MOSER: Well, that's true. 13 COMMISSIONER LETZ: Contractors are all local for 14 almost all of those. 15 COMMISSIONER MOSER: Pretty much so, and could be, 16 yeah. 17 COMMISSIONER LETZ: And the jail will be, probably. 18 But also, I don't know if -- I mean, I'm not very much 19 involved with the construction business and that. There's a 20 lot of home construction going on in the community, and it's 21 -- I tell you, there's a big need for subcontractors. 22 There's a lot of opportunities for people right now, 'cause 23 there is a real shortage of good subcontractors on the home 24 construction side. 25 COMMISSIONER MOSER: Anyway, way things look good. 6-8-15 98 1 JUDGE POLLARD: From an economic standpoint, too. 2 Harvey Brinkman and several other realtors have told me that 3 it's the east end of the county, probably, areas that are hot 4 right now and climbing and, you know, sales are going up. 5 COMMISSIONER MOSER: Going out of sight. 6 JUDGE POLLARD: Yeah. So -- all right. 7 COMMISSIONER LETZ: And I think I probably 8 neglected just a quick thing. Comfort, the community of 9 Comfort in Kendall County -- and this will spill over a 10 little bit into Kerr County -- are planning, and have gone to 11 Commissioners Court in Kendall County; they were going up to 12 incorporate the community, put it before the voters in 13 November. 14 COMMISSIONER MOSER: Wow. 15 COMMISSIONER LETZ: And there will be -- part of 16 Kerr County will be included in that boundary. I don't 17 believe it has any impact to us. I don't think we have any 18 county roads that they're doing, but I -- you know, I'm not 19 positive on that, but it would be minimal if there is any. 20 I think they're all in Kendall County. But, anyway, they are 21 looking at incorporating, and it will have a long-term 22 impact. Part of their area, I believe, is in Kerr County. 23 COMMISSIONER MOSER: And another thing that will 24 probably happen in the November elections is put back on the 25 ballot the alcoholic beverage sales in Precinct 2, for the 6-8-15 99 1 third -- for the third time. And I think there's some people 2 now that have -- are real motivated to do it. They'll get 3 the required signatures on the petition. That's -- and I'm 4 not -- 5 COMMISSIONER BALDWIN: You drive me to drink. 6 COMMISSIONER MOSER: And I'm not leading that 7 again. 8 COMMISSIONER BALDWIN: Let me tell you about this 9 Comfort thing, though. Many years ago, Comfort was the 10 county seat of Kerr County. And there was a little minor 11 dispute between some gentlemen, and it is now Kerrville, and 12 it has been for many, many years. It legally is the county 13 seat. And those folks down at Comfort have not forgotten. I 14 mean, don't go to sleep; they're going to come up here and 15 steal the courthouse. (Laughter.) 16 COMMISSIONER LETZ: Might be some relatives of some 17 of the court members. 18 JUDGE POLLARD: I hope we don't start a war. 19 COMMISSIONER BALDWIN: It's his kinfolk, I'm 20 telling you. I know of what I speaketh. 21 JUDGE POLLARD: Please, we don't want to start a 22 war here. 23 COMMISSIONER LETZ: It was all back when the 24 Faltins and Ingenhuetts and Schreiner were partners, and that 25 partnership broke up. Away went the courthouse. 6-8-15 100 1 COMMISSIONER BALDWIN: During the night. 2 JUDGE POLLARD: Oh, man. All right, thanks a lot. 3 All right, anything else? Reports from boards, commissions, 4 committees? City/County joint projects? Operations reports, 5 any of that? Or other. Anybody -- any others in here? 6 COMMISSIONER LETZ: I move we adjourn. 7 COMMISSIONER REEVES: Second. 8 COMMISSIONER MOSER: Second. 9 JUDGE POLLARD: Motion and second, and those in 10 favor, signify by raising your right hand. 11 (The motion carried by unanimous vote, 4-0.) 12 JUDGE POLLARD: It's 4-0, unanimous. Thank you. 13 (Commissioners Court adjourned at 11:17 a.m.) 14 - - - - - - - - - - 15 STATE OF TEXAS | 16 COUNTY OF KERR | 17 The above and foregoing is a true and complete 18 transcription of my stenotype notes taken in my capacity as 19 official reporter for the Commissioners Court of Kerr County, 20 Texas, at the time and place heretofore set forth. 21 DATED at Kerrville, Texas, this 10th day of June, 2015. 22 23 REBECCA BOLIN, Kerr County Clerk 24 BY: _________________________________ Kathy Banik, Deputy County Clerk 25 Certified Shorthand Reporter 6-8-15