1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Tuesday, July 14, 2015 11 10:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 23 PRESENT: 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 July 14, 2015 2 PAGE 3 1.2 Consider/discuss, take appropriate action on capital improvements for Environmental Health 4 and Animal Services Department 3 5 1.1 Consider/discuss, take appropriate action to select management firm and begin contract 6 negotiations for management services at the Hill Country Youth Event Center (Executive 7 Session as needed) -- 8 3.1 Action as may be required on matters discussed in Executive Session 19 9 --- Adjourned 20 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 On Tuesday, July 14, 2015, at 10:03 a.m., a special 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE POLLARD: It's Tuesday, July 14th, 2015, and 8 it's about 10:03 or 10:04 a.m., and the Kerr County 9 Commissioners Court is in session. Let's see, we've got 10 several addendums to it. Commissioners Court will hold a 11 meeting at 10 a.m. Tuesday, July 14, 2015, Kerr County 12 Courthouse in the Commissioners Courtroom to consider, 13 discuss, and take appropriate action to select management 14 firm and begin contract negotiations for management services 15 at Hill Country Youth Event Center, executive session as 16 needed. Commissioners Letz and Reeves. Do we want to go 17 into executive session? 18 COMMISSIONER LETZ: I recommend we do that at the 19 end of the meeting so we can deal with everyone that's in the 20 audience first. I don't think -- other than Mr. Paquette, I 21 don't think anyone's here for this item specifically. 22 COMMISSIONER REEVES: And we've got Item 1.2 as 23 well. 24 JUDGE POLLARD: All right. Item 1.2 is consider, 25 discuss, and take appropriate action on capital improvements 7-14-15 4 1 for Environmental Health and Animal Services Department. 2 Want to go ahead and hear that now? 3 COMMISSIONER LETZ: Yeah. That's budget-related. 4 JUDGE POLLARD: Mm-hmm. 5 MR. GARCIA: Morning, Judge. Commissioners. 6 COMMISSIONER MOSER: Good morning. 7 JUDGE POLLARD: Morning, sir. 8 MR. GARCIA: The list I passed out to you guys is a 9 list of the capital improvements, the expenditures that I'm 10 requesting for the Animal Shelter facility. The list, in no 11 specific order, has a few things on it that I want to try to 12 get completed. And I spoke to liaisons about this briefly, 13 and we've had a couple of visits by pretty much all of you 14 out there to see the condition of the facility as it is 15 today. First item on the list is to complete the remainder 16 of the high fence, perimeter fencing. The other is resurface 17 and paint the rabies quarantine -- and, again, highlighted 18 there is a state inspection listed as a discrepancy for the 19 quarantine rooms. 20 JUDGE POLLARD: I'm sorry, let me interrupt for 21 just a minute. 22 MR. GARCIA: Go ahead. 23 JUDGE POLLARD: Go back to the first item you 24 mentioned, the high fencing. Do we know about how many feet 25 that is? Are you talking about 7 and a half feet high? 7-14-15 5 1 MR. GARCIA: What is it, 6 feet that we had? Was 2 it -- 3 MR. BOLLIER: Right at 7 foot. 4 MR. GARCIA: Seven foot, okay. 5 JUDGE POLLARD: Okay. Deer-proof it. 6 MR. GARCIA: Pretty much. 7 JUDGE POLLARD: Okay, 7 feet. And how many feet is 8 that going to be? 9 MR. GARCIA: I don't have that number just yet. I 10 know that we -- 11 JUDGE POLLARD: All right. 12 MR. GARCIA: -- did half the property -- 13 JUDGE POLLARD: Just adding on the top of the 14 existing fence? Or is it going to be a whole new fence? 15 MR. GARCIA: It's a whole new fence. 16 JUDGE POLLARD: All right. 17 COMMISSIONER MOSER: And Maintenance did it before, 18 right? 19 MR. GARCIA: We -- we all did it. 20 COMMISSIONER MOSER: Okay. 21 MR. GARCIA: Rusty's crew, Tim's guys, and 22 ourselves. 23 COMMISSIONER MOSER: But it was in-house. 24 MR. GARCIA: It was done in-house at that time. 25 COMMISSIONER MOSER: That's the way you're 7-14-15 6 1 proposing to do it now? 2 MR. GARCIA: Well, we're talking about using the 3 capital to finish up this, because we no longer have Rusty's 4 troops to help us out, and again, because of Tim's schedule. 5 COMMISSIONER REEVES: It may be more economical, 6 with as much work as Maintenance has, getting them over to go 7 build this fence. 8 COMMISSIONER MOSER: It's just an option -- 9 COMMISSIONER REEVES: It's an option. 10 COMMISSIONER MOSER: -- we need to look at. 11 COMMISSIONER REEVES: Maybe, looking at the 12 numbers, it's just as beneficial to get a crew that builds 13 high fence all the time and has all the equipment. 14 COMMISSIONER MOSER: Yeah, that's an option. 15 COMMISSIONER LETZ: Right. 16 MR. BOLLIER: I just know that when we priced out 17 the first part of that fence, the first half of it, I do know 18 that it was over $30,000, and I do know that when we got 19 through with that fence and everything, it was around 5,000 20 or 6,000, something like that, so that's the reason we went 21 that way. Because I had it priced out by two or three 22 different companies, and it was 30,000-plus. 23 COMMISSIONER MOSER: I think we need to look at the 24 option before we make decisions, yeah. 25 MR. GARCIA: It's definitely -- and we did -- and 7-14-15 7 1 again, that price was the materials and the manpower -- 2 personnel power involved, with three or four people on the 3 Maintenance side, and then ours as well. 4 COMMISSIONER MOSER: I understand. I'm just saying 5 option one, it costs this; option two, it costs this. Here 6 are the pros and cons. Okay? That's all. 7 MR. GARCIA: All right. Moving on to the two cat 8 quarantine rabies cages as well, that was a state inspection 9 discrepancy, because it requires personnel not to have 10 contact with the quarantined animals. And the way the 11 existing setup is, it requires personnel to actually have 12 hands on, because we have the -- not the correct type of 13 quarantine cages. 14 COMMISSIONER MOSER: Ray, was the state inspection 15 listed as a discrepancy, was that for the resurfacing and the 16 paint, or was that for the -- 17 MR. GARCIA: Yes, sir, that was also for the 18 resurfacing and the paint. And that's a dog quarantine -- 19 COMMISSIONER MOSER: The State says when you need 20 to paint and not paint? 21 MR. GARCIA: It's -- it was part of the inspection, 22 so yes. 23 COMMISSIONER MOSER: That's a -- 24 MR. GARCIA: My last inspection that we had. 25 COMMISSIONER MOSER: So that's a criteria. 7-14-15 8 1 COMMISSIONER LETZ: I don't think it's a 2 criteria -- probably isn't to paint. 3 MR. GARCIA: It is the surfacing. 4 COMMISSIONER LETZ: The surface condition. 5 MR. GARCIA: And that's to prevent the spread of, 6 actually, the rabies in the quarantine room. 7 COMMISSIONER LETZ: There's -- the logic there is 8 that they -- you got to have something that you can 9 sterilize, essentially. 10 COMMISSIONER MOSER: I see. 11 COMMISSIONER LETZ: If you have rusted pits and 12 things, you can't get -- 13 COMMISSIONER MOSER: Okay, I understand that. 14 Thank you. I understand, thank you. 15 MR. GARCIA: And then moving on to the eye wash 16 stations that we currently do not have, and then the AED, the 17 automated emergency defibrillator needed in the main lobby, 18 and then the repair -- 19 COMMISSIONER LETZ: Is that a -- the eye wash thing 20 I know is a state requirement for the facility, based on what 21 your people are dealing with. The AED, is that a 22 requirement, or is that a suggested? 23 MR. GARCIA: That's a suggested on my part, as far 24 as for public health and safety, as well as our own staff. 25 That building doesn't have an AED in there, and again, with 7-14-15 9 1 the safety committee that we, I guess, once had, these were 2 items that I had listed off when I first assumed the 3 responsibilities of that department. 4 COMMISSIONER MOSER: What's an AED cost? 5 MR. GARCIA: I don't have the pricing on the AED. 6 COMMISSIONER MOSER: So this -- what you have here 7 just is a list of things you want to consider, but you don't 8 have any prices on it? 9 MR. GARCIA: Right. 10 COMMISSIONER MOSER: Any of them? 11 MR. GARCIA: Right. 12 COMMISSIONER MOSER: Okay. 13 JUDGE POLLARD: I don't see how we can take any 14 action as far as the budget's concerned if we don't have some 15 dollars. 16 COMMISSIONER REEVES: This money's not necessarily 17 going to come out of the next fiscal year's budget. We 18 already have C.O.'s available that would issued for this. 19 COMMISSIONER MOSER: Oh. 20 COMMISSIONER REEVES: And a lot of it's going to be 21 taken -- we'll need to get bids on them. 22 COMMISSIONER LETZ: All of these, I think, probably 23 should have had a -- explained first. There's $169,000 -- 24 $200,000 in the last -- in the 2012 -- 25 MS. DOSS: '14. 7-14-15 10 1 COMMISSIONER LETZ: -- '14 C.O. for that facility. 2 It was decided earlier that that is not enough money to do 3 what we need to do, to build a new facility. We were going 4 to add onto it. After Ray's been there longer -- and I think 5 pretty much everyone's looked at it; the building is not 6 worth getting it up to compliance. It was never built 7 properly. So, the idea would be that -- to do a patch until 8 about 2019 or so -- '18, '19, hopefully be able to get the 9 funds at that point when we've paid off a lot of debt, and 10 build a new facility. And Ray's put this list together, so 11 all of this list would come off the capital list, basically. 12 I think it's on here for us to say, "Yes, Ray, you need to 13 get prices on this and come back." It will not have a budget 14 impact, any of these items, but it's a directional item. 15 Just -- when we get down to the trucks, well, do we want to 16 use that money for that? What do we want to use that capital 17 money for? Are these items that are appropriate? 18 COMMISSIONER MOSER: Do the -- and somebody help me 19 here, Jonathan or Brenda. On the C.O., when things are 20 identified, they have to be used for that; is that correct? 21 MS. DOSS: Yes. 22 COMMISSIONER MOSER: Okay. So if -- so how much 23 money do we have? 24 COMMISSIONER LETZ: 200,000. 25 COMMISSIONER MOSER: That's what we had initially, 7-14-15 11 1 and that's what's still there? 2 COMMISSIONER LETZ: Yes. 3 MS. DOSS: Yes, sir. 4 COMMISSIONER MOSER: Okay. Okay, thank you. 5 COMMISSIONER LETZ: Now, the caveat to that, I 6 think that if we decide to spend -- say this list is, you 7 know, 90,000, and that's out of that C.O.; that's all that 8 we're going to appropriate for that facility. That remaining 9 110,000 can be re -- put into something else. But that -- 10 but the other item has to still be in that list that we do 11 for the C.O. 12 MS. DOSS: Correct. 13 COMMISSIONER LETZ: So, we can put it to -- 14 COMMISSIONER REEVES: Parks. 15 COMMISSIONER LETZ: -- parks or -- 16 COMMISSIONER MOSER: Okay. 17 COMMISSIONER LETZ: -- stuff like that. 18 MS. DOSS: And courthouse improvements. 19 COMMISSIONER LETZ: Courthouse improvements, things 20 like that. 21 COMMISSIONER MOSER: So, we've got the flexibility 22 to move around, as long as it's an item that's listed in the 23 C.O.? 24 MS. DOSS: Yes, sir. 25 COMMISSIONER MOSER: Okay, got it. Thanks. 7-14-15 12 1 JUDGE POLLARD: Go ahead. 2 MR. GARCIA: Okay. And then the guillotine doors 3 on the existing kennels as well. These doors, Maintenance 4 and us, we are constantly trying to repair or just keep these 5 guillotine doors in some type of working order. We've had 6 some issues in the past already with animals being hurt in 7 our facility, and some animals that are in our care, custody, 8 and control in that facility, these guillotine doors have 9 caused damage to them, and we, the County, had to pay some 10 medical bills for one of the animals in there because of the 11 design and the function of these doors. So, there are some 12 upgrades there that need to take place for a safety measure 13 for the animals that we have in that facility. Then the 14 service counter, we need to complete that for the 15 administrative personnel in there. And moving down to the 16 vehicles, we did -- we spoke briefly about the vehicles, 17 purchase three new trucks for the Animal Control officers, 18 one truck with new cages and equipment, and the existing 19 trucks will have all existing equipment transferred, 20 installed on the new trucks. Two existing trucks will be 21 used for trade-in, and one existing truck will be kept as a 22 standby vehicle when the other vehicles are either in 23 maintenance or we have repairs that are needed. 24 COMMISSIONER MOSER: And how many miles do you have 25 on those trucks? 7-14-15 13 1 MR. GARCIA: I'll have to get those, Tom. I don't 2 have that, the mileage on it. Again, this was a list that I 3 wanted to bring to your attention so we can get permission to 4 move forward. 5 COMMISSIONER MOSER: Let me ask a fundamental 6 question. This is a list of things, and is there anything to 7 keep Ray from going and getting prices on anything he needs? 8 So what are we doing here today? 9 COMMISSIONER LETZ: I think just trying to get 10 direction. Do we want him to go out and do this? Trucks, 11 you know -- 12 COMMISSIONER MOSER: He can go get the price on 13 anything on this list. 14 COMMISSIONER LETZ: Right. 15 COMMISSIONER MOSER: He doesn't need our approval 16 to do that. 17 COMMISSIONER LETZ: Correct. I think he's just 18 trying to keep us informed. And I think the other part of it 19 is, on the trucks, he and I talked about that last week. You 20 know, do we want to use those capital funds for vehicles? 21 They were kind of -- I mean, originally, that was not in that 22 plan; it was for facilities. 23 COMMISSIONER MOSER: Hmm. 24 COMMISSIONER LETZ: I think we have the flexibility 25 to put them into vehicles. You know, and we could do one 7-14-15 14 1 this year, one next year. I mean, we don't have to do them 2 all right now. I think it's a bad idea probably to buy all 3 three trucks right now, because then you end up in five years 4 needing three new trucks again. 5 COMMISSIONER MOSER: Three new trucks. 6 COMMISSIONER LETZ: So, try to maybe get rid of one 7 of them. I think he's just asking for a little direction on 8 that, you know. But we need -- if you could come back maybe 9 with the mileage on those? 10 MR. GARCIA: Sure. 11 COMMISSIONER LETZ: They're all fairly old, aren't 12 they? 13 MR. GARCIA: '08's. 14 COMMISSIONER LETZ: They're all '08's? 15 MR. GARCIA: '09. I have ranging from '08's to 16 '10's. 17 COMMISSIONER LETZ: '08, '09, '10, so they do have 18 a fair amount of mileage. Come back with that. I'd get 19 pricing -- ballpark pricing on each of these items, I think 20 all the things that are necessary. Then we can look at it in 21 more detail then. 22 COMMISSIONER MOSER: Yeah. 23 COMMISSIONER REEVES: I tend to agree. I feel like 24 the fencing should be a little more than ballpark. Go ahead 25 and get it -- materials only, if we did it, and perhaps the 7-14-15 15 1 cost to do it with all outside work. Go ahead and get that, 2 because that -- the ballpark's hard to call on that, 3 especially if you're going to contract the labor out. 4 COMMISSIONER MOSER: Right. 5 COMMISSIONER REEVES: Everything else, get some, as 6 we said, ballpark figures. Get them back so we can decide 7 which way to go on these, because we don't want that facility 8 to be out of compliance. I don't think it is now. And you 9 had an inspection. These are items that we need to address 10 sooner than later. 11 MR. GARCIA: Right. 12 JUDGE POLLARD: Okay. 13 MR. GARCIA: Okay. 14 COMMISSIONER LETZ: All right. 15 MR. GARCIA: Thank you. 16 COMMISSIONER LETZ: Judge, I mean, I know we're in 17 Commissioners Court now, but I'd recommend we go into 18 Commissioners -- come back into Commissioners Court for this 19 one item. It's going to take executive session. 20 COMMISSIONER MOSER: Let me ask a question on Ray's 21 thing there. With the property -- I don't know how much -- 22 it sounds like if we go with a new facility someday, okay, we 23 have to start over, destroy what's out there. Is it an 24 option to look at the property we have where the recycling 25 facility is? 7-14-15 16 1 COMMISSIONER LETZ: I don't think that's a good 2 location for this facility. 3 COMMISSIONER MOSER: Well, it's kind of -- it's not 4 remote, so therefore, it's more centrally located. 5 COMMISSIONER REEVES: I think it would require -- 6 COMMISSIONER LETZ: Zoning, probably. 7 COMMISSIONER REEVES: We could look at it, but 8 there may be some rezoning. 9 COMMISSIONER MOSER: Could be, yeah. I'm just 10 saying it's -- you know, just thinking about it being more 11 centrally located. Ray does a lot of stuff in the city, I 12 know, so it's something to consider. I don't -- that's about 13 as big as my thought is on it. 14 COMMISSIONER LETZ: I thought you were going a 15 different direction, "Is the land that we currently have 16 enough to build a new facility on?" And that's a -- a 17 question -- 18 COMMISSIONER MOSER: Well, and that was going to be 19 -- yeah, that's part of it too. I was going to ask how much 20 land is needed out there versus how much land you have over 21 there at the facility. 22 JUDGE POLLARD: How much do you think you'll occupy 23 there, Ray? 24 MR. GARCIA: I think it's right at -- I thought it 25 was like 5 acres when we had it surveyed out. 7-14-15 17 1 MR. HASTINGS: 5.34, I think. 2 COMMISSIONER MOSER: Okay, yeah. I don't know how 3 much he's using, how much he needs. Well, anyway, just a 4 thought. Don't -- no action. 5 JUDGE POLLARD: All right. We're going to, I 6 guess, recess that session and we're going to into the budget 7 workshop session that's been posted. 8 (Commissioners Court recessed at 10:19 a.m., and a budget workshop was held, the transcript of which 9 is contained in a separate document.) 10 - - - - - - - - - - 11 (Open session resumed at 12:10 p.m.) 12 JUDGE POLLARD: All right, we are in -- is 13 everybody here now? 14 MS. DOSS: No. 15 COMMISSIONER BALDWIN: Still need a clerk. 16 MS. DOSS: Still need a clerk. 17 COMMISSIONER BALDWIN: There's one. 18 COMMISSIONER REEVES: There she is. 19 JUDGE POLLARD: All right, we're back in open 20 session now, and it's time to declare to go into closed 21 session. Do you have it written down, Bob, those findings? 22 Or do we need to get the County Attorney to read them? 23 COMMISSIONER REEVES: I have -- I'll just ask the 24 County Attorney, your memo of July 2nd stating that the Court 25 unanimously needs to vote to go into deliberation in 7-14-15 18 1 executive session because it would be adverse to a 2 third-party, you've provided a memo on that. Is that still 3 valid? 4 MS. STEBBINS: Yes, sir, it is. It concerns the 5 same parties and topics from the July 2nd meeting memo. 6 COMMISSIONER REEVES: Okay. 7 JUDGE POLLARD: All right. Then we need a motion 8 to vote to go into -- to make those findings. 9 MS. STEBBINS: Yes, sir. 10 JUDGE POLLARD: All right. 11 COMMISSIONER REEVES: I make a motion, based on the 12 County Attorney's determination that we should go into 13 executive session for deliberations and discussion of hiring 14 an event manager or a firm for the Hill Country Youth Event 15 Center. 16 MS. STEBBINS: Because an open meeting would have a 17 detrimental effect on the position of the Commissioners Court 18 in negotiations with a third-party. 19 COMMISSIONER REEVES: That's what I meant to say. 20 MS. STEBBINS: Good. Thank you. 21 COMMISSIONER LETZ: Second. 22 JUDGE POLLARD: That's the -- what you dictated and 23 what he dictated into the record is the motion. Is there a 24 second? 25 COMMISSIONER LETZ: Second. 7-14-15 19 1 JUDGE POLLARD: It's been -- motion's been made and 2 seconded that we make those findings. Any further 3 discussion? Being none, those in favor, signify by raising 4 your right hand. 5 (The motion carried by unanimous vote, 4-0.) 6 JUDGE POLLARD: It's 4-0, unanimous. All right, 7 we're going into closed session now, and ask the room to be 8 cleared. 9 (The open session was closed at 12:12 p.m., and an executive session was held, the transcript of which 10 is contained in a separate document.) 11 - - - - - - - - - - 12 (Open session resumed at 12:34 p.m.) 13 JUDGE POLLARD: Okay, the clerk's back. We're now 14 coming out of closed session into open session, and we'll 15 declare open session open again. All right. Is there a 16 motion? 17 COMMISSIONER REEVES: Before I make a motion, I 18 want to say that we had three very good companies that 19 submitted bids, and I feel like we've spent a lot of time 20 reviewing them. But in my opinion, in the best interests of 21 Kerr County, I would like to enter exclusive negotiations for 22 the event center management with Global Spectrum. 23 COMMISSIONER LETZ: Second. 24 JUDGE POLLARD: It's been moved and seconded that 25 we enter into negotiations with Global Spectrum to -- for 7-14-15 20 1 management services. Is there any further discussion? There 2 being none, those in favor, signify by raising your right 3 hand. 4 (The motion carried by unanimous vote, 5-0.) 5 JUDGE POLLARD: I'll make it 5-0, unanimous. Okay? 6 COMMISSIONER LETZ: That's it. 7 JUDGE POLLARD: All right. Anything else? 8 COMMISSIONER BALDWIN: Done deal, huh? 9 JUDGE POLLARD: All right. 10 COMMISSIONER BALDWIN: Thank you, sir. 11 COMMISSIONER LETZ: Now the work starts. 12 JUDGE POLLARD: We're adjourned. 13 (Commissioners Court adjourned at 12:36 p.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 17th day of July, 2015. 22 23 REBECCA BOLIN, Kerr County Clerk 24 BY: _________________________________ Kathy Banik, Deputy County Clerk 25 Certified Shorthand Reporter 7-14-15