1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, August 24, 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 August 24, 2015 2 PAGE --- Commissioners' Comments 5 3 1.1 Presentation regarding San Antonio Food Bank 13 4 1.2 Consider/discuss, take appropriate action for 5 Court approval to fill a fully funded 15.1 Road Maintenance Technician position 18 6 1.3 Consider/discuss, take appropriate action to 7 issue a Request for Proposals for easement and property acquisition services related to East 8 Kerr County Wastewater Project 19 9 1.4 Consider/discuss, take appropriate action to approve District Clerk’s Written Archive Plan -- 10 1.5 Consider/discuss, take appropriate action to 11 set public hearing on proposed Kerr County budget for FY 2015-2016 at 9:45 a.m. on 12 September 28, 2015 21 13 1.6 Consider/discuss, take appropriate action to authorize publication of notice of public 14 hearing on consideration and adoption of Kerr County budget for FY 2015-2016 at 9:45 a.m. on 15 September 28, 2015 21 16 1.7 Consider/discuss, take appropriate action to approve General Provisions for FY 2015-2016 22 17 1.9 Consider/discuss, take appropriate action on 18 appointing representatives to review and make recommendations regarding interlocal agreement 19 with City of Kerrville regarding Kerrville/Kerr County Airport 23 20 1.10 Consider/discuss, take appropriate action to 21 invite Kerrville City Council to joint social gatherings with Kerr County Commissioners Court 25 22 1.11 Consider/discuss, take appropriate action to 23 authorize submittal of revision to 2015 EDAP application to TWDB concerning Center Point/East 24 Kerr Wastewater Project 27 25 1.8 Consider/discuss, and take appropriate action on request to repair asphalt at Mooney International 29 3 1 I N D E X (Continued) August 24, 2015 2 PAGE 1.12 Consider/discuss, take appropriate action to 3 authorize submittal of revision of 2015 CWSRF application to TWDB concerning Center Point/East 4 Kerr Wastewater Project 32 5 1.13 Consider/discuss, take appropriate action to authorize preparation of 2016 CWSRF to TWDB 6 regarding Center Point/East Kerr Wastewater Project 34 7 1.14 Consider/discuss, take appropriate action to 8 approve capital expenditure for Environmental Health Department 37 9 1.15 Consider/discuss, take appropriate action to 10 fill vacant/budgeted position in Maintenance Department 40 11 1.16 Consider/discuss, take appropriate action on 12 request from Functional Living Unit at Tivy High School to allow students to get job skill 13 training from Kerr County Maintenance Department -- 14 1.18 Consider/discuss, take appropriate action on capital improvements to Hill Country Youth 15 Event Center and River Star Park 41 16 1.17 Public Hearing on proposed Kerr County 2015 Tax Rate 48 17 1.19 Consider/discuss, take appropriate action on 18 road and right-of-way improvement plan on section of Hermann Sons Road 50 19 1.20 Consider/discuss, take appropriate action 20 regarding Interlocal Agreement with the City of Kerrville for Kerrville South Wastewater System 55 21 1.21 Consider/discuss, take appropriate action to 22 select a Construction Manager-at-Risk process for jail renovations and expansion, being either 23 the one- or two-step selection process 56 24 1.22 Consider/discuss, take appropriate action to issue RFP or RFQ using the approved Construction 25 Manager-at-Risk process for Kerr County Jail addition and expansion project 77 4 1 I N D E X (Continued) August 24, 2015 2 PAGE 1.23 Consider/discuss, take appropriate action to 3 approve interlocal agreement between County of Kerr and City of Kerrville providing for the 4 housing of city prisoners 79 5 1.24 Consider/discuss, take appropriate action on filling vacant budgeted positions at Juvenile 6 Detention Center 82 7 1.25 Consider/discuss, take appropriate action to approve 2016 Sheriffs’ and Constables’ fees 85 8 1.26 Consider/discuss, take appropriate action to 9 set a public hearing for County Clerk's annual Records Archival Written Plan for September 14, 10 2015, at 10 a.m. 85 11 1.29 Consider/discuss, take appropriate action to approve Tower Lease Agreement between West 12 Central Wireless and Kerr County for the tower located in Mountain Home 87 13 1.30 Conduct public hearing for District Clerk’s 14 written archival plan in accordance with Section 51.317 88 15 4.1 Pay Bills 89 16 4.2 Budget Amendments 90 4.3 Late Bills -- 17 4.4 Approve and Accept Monthly Reports 90 18 5.1 Reports from Commissioners/Liaison Committee Assignments 91 19 5.2 Reports from Elected Officials/Department Heads 94 20 1.27 Consider/discuss, take appropriate action regarding lease renewal of the West Kerr Annex 21 Building (Executive Session) -- 22 1.28 Consider/discuss, take appropriate action regarding possible sale of real property 23 (Executive Session) -- 24 3.1 Action as may be required on matters discussed in Executive Session 95 25 --- Adjourned 96 5 1 On Monday, August 24, 2015, at 9:00 a.m., a special 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE POLLARD: All right, it's August 24th, 2015, 8 and the Kerr County Commissioners Court is in session. 9 Commissioner Letz will lead us in the prayer and the pledge. 10 (Prayer and pledge of allegiance.) 11 JUDGE POLLARD: All right. Is there anybody signed 12 up or wishing to speak in the public part of this? Anybody 13 that wants to speak on an item that's not on the agenda? If 14 so, step up, give your name and address, and limit it to 15 three minutes, please. Nobody? All right. We're going to 16 move on now. We'll go to the Commissioners' portion. 17 Commissioners/County Judge can use this time to recognize 18 achievements of persons in their precincts or make comments 19 on matters not listed. And I think Commissioner Reeves and 20 the Sheriff have something to say at this time. 21 COMMISSIONER REEVES: I'm going to let Rusty report 22 on it. We had a pretty bad fire out in west Kerr County, and 23 I'd just like to say there was a lot of departments, a lot of 24 entities there, including -- Mayor, I see you in the 25 background. Compliments to Tony Lenard and your EMS crews 8-24-15 6 1 for being out there. 2 SHERIFF HIERHOLZER: And the regular fire 3 department. 4 COMMISSIONER REEVES: And fire department. 5 SHERIFF HIERHOLZER: Just to give you a brief 6 update, yesterday afternoon at about 1:30, we had a fire 7 break out between Garven Store and Junction on U.S. 83. It 8 apparently was started by an 18-wheeler that lost a tire, 9 gouging pavement and threw sparks. At this time, it's -- 10 2,000 acres have burned. It's 40 percent contained. We 11 have -- let me get back to this other part. Involved in 12 fighting that fire so far, we have fire departments from 13 Divide, Uvalde, Sutton, Edwards, Val Verde, Reagan Wells, 14 Nueces Canyon, Kimble, U.S. Forestry Service, Texas Forestry 15 Service, London, Real, Harper, Concan, Leakey, Kerrville, 16 Junction, Hunt, Ingram, Mountain Home, and Rocksprings; law 17 enforcement personnel from Kerr, Real, Edwards, and Kimble 18 County; other assistance from the Border Patrol, Red Cross, 19 TexDOT, Kerr County Road and Bridge, Kerrville EMS, Kerrville 20 Fire Department, Kerr County I.T., Commissioner Reeves and 21 myself were out there until after midnight, Constable 22 Precinct 4. Lost at least three structures, being 23 outbuildings and a large barn full of hay, some travel 24 trailers, things like that. But the fire departments have 25 directly saved over seven residences so far where it burned 8-24-15 7 1 right up to them. 2 We've got one injury. One fireman was airlifted to 3 San Antonio. He'll be all right. He's -- dehydration, heat 4 exhaustion and some diabetes issues. Fighting the fire, 5 we've got three helicopters, one fixed-wing, tankers, dozers, 6 and other light plants that the Border Patrol had to help us. 7 And, you know, this is one of those where -- normally, Forest 8 Service doesn't like running bulldozers at night, but they 9 ran them all last night, 'cause they're trying to cut circles 10 around it. This thing is scattered at least about 5 miles up 11 and down U.S. 83 on both sides, and it has really been a 12 challenge for the firefighters and that. And I don't think 13 we realize how much we owe to our volunteer firefighters, 14 because they -- they never look back. I saw some of them 15 yesterday evening that were black as coal coming in off that, 16 and they've lost a few fire trucks from engines blowing and 17 -- and just other mechanical issues. Thank goodness, none of 18 them have been burned, but this does have the potential, if 19 the humidity drops any more this morning and picks back up. 20 It's just a very wide fire, and I think we really 21 need to thank them, any time we get the chance to help them 22 and Red Cross, because they're lifesavers right now, trying 23 to keep them hydrated. That's where we are. They've got 24 another meeting set up for noon today, another briefing, and 25 we'll see where it goes from there. Hopefully they can get 8-24-15 8 1 it knocked out. 2 JUDGE POLLARD: It's on both sides of 83? 3 SHERIFF HIERHOLZER: On both sides of 83, way back 4 in on both sides, not just near the road any more. It's 5 taken off. 6 JUDGE POLLARD: On the Y.O. -- back side of the 7 Y.O.? 8 SHERIFF HIERHOLZER: Back side of the Y.O., the 9 Bundy Ross Ranch, Jackson Ranch, all that area. 10 COMMISSIONER MOSER: How many counties? 11 SHERIFF HIERHOLZER: At least, what, Kerr, Real, 12 Edwards, and Kimble. Four counties are involved in this 13 thing. And that's after -- you know, a lot of those in 14 Edwards -- well, most all of these fire departments just got 15 through with the 16,000-acre fire that they had in Edwards 16 County, you know, a couple weeks ago, so they've had to put 17 in all that, and now this too. So, you know, I think we need 18 to truly acknowledge their work and their sacrifice, 'cause 19 ain't none of them getting paid for it. We've had emergency 20 management coordinators from Real -- or Edwards, rather, 21 Edwards County and Kerr County, city of Kerrville, Tony 22 Lenard, that have been out there most of the night, too. 23 Tony was out there well after midnight, and I know he was 24 back there before 7 o'clock this morning, so we do appreciate 25 the work Tony's doing to help us keep everything going. But 8-24-15 9 1 we've got the command post set up in the Sheriff's Office 2 communications trailer, and there's one other trailer that's 3 air-conditioned to give them a break; that's from us. And 4 just running thin on personnel, trying to keep them all out 5 there. 6 COMMISSIONER MOSER: Is that what the command post 7 was, your trailer? 8 SHERIFF HIERHOLZER: Yes, command post is our 9 trailer. 10 COMMISSIONER MOSER: Okay, just what I thought. 11 SHERIFF HIERHOLZER: We had to get it back in there 12 a little bit. But, you know, a lot of it is -- is 83 is a 13 very heavily traveled road for 18-wheelers to begin with. 14 TexDOT did shut it down for a while yesterday, but then they 15 demanded that it be opened back up. We got hundreds of 16 vehicles all up and down 83, so -- but they decided it had to 17 be opened. So, we're just mainly trying to keep people out. 18 We did have to evacuate some. Red Cross set up a shelter at 19 the church by the Divide School, and I think they may have 20 had one or two had to stay in it. But so far, you know, 21 other than the one injury, which is going to be okay, it's 22 just -- 23 JUDGE POLLARD: Who's the fireman that had to be 24 air -- 25 SHERIFF HIERHOLZER: I'd rather not give his name 8-24-15 10 1 at this time. 2 JUDGE POLLARD: Okay. 3 SHERIFF HIERHOLZER: We'll let the fire department 4 that he works for give that if they -- if they wish to 5 release it. But he is doing better, all right? Thank you. 6 JUDGE POLLARD: All right, thank you. All right, 7 any other comments by Commissioners or anything? 8 COMMISSIONER MOSER: Yeah, I want to -- oh, I'm 9 sorry. 10 COMMISSIONER BALDWIN: No, sir, thank you. 11 COMMISSIONER MOSER: I wanted to mention -- and 12 I'll let Jonathan do it, expand on it -- that we had a 13 meeting with the Kendall County Commissioners Court to 14 discuss the Center Point or East Kerr County wastewater 15 system, just to bring them up to speed. Jonathan did the 16 heavy lifting on that; he did a good job, so I don't know if 17 you want to talk about it now. 18 COMMISSIONER LETZ: That's -- 19 JUDGE POLLARD: Go ahead. 20 COMMISSIONER LETZ: That's enough. I mean, we had 21 a good meeting with them. There were some questions about 22 it. Obviously, the sewer line is crossing Kendall County. 23 And partly the reason for the meeting was they have had a -- 24 basically, a total change on their Commissioners Court in 25 probably the last six years; they just weren't really aware 8-24-15 11 1 of it at all. They were getting some questions they couldn't 2 answer. And I talked to Judge Lux. I said, "Hey, why don't 3 we just have a meeting?" I said, "We can come down there or 4 meet wherever you want and, you know, go over, answer any 5 questions y'all have." And it was, for that type of meeting, 6 very well attended. They held it in Comfort, at the annex 7 there in Comfort. It was probably -- I don't know, 30 8 people, something like that. 9 COMMISSIONER MOSER: That's all I have. 10 JUDGE POLLARD: Very good. Anything else? Bob? 11 COMMISSIONER REEVES: You may were going to mention 12 this, Judge, but you and I attended the christening of the 13 almost completion of Highway 39 in Ingram Saturday morning. 14 (Laughter.) And very well attended, and I think all of the 15 business people there in Ingram will be very grateful when it 16 is completed and they can get back to the state of normal. 17 JUDGE POLLARD: Mr. Coward with TexDOT, resident 18 engineer, that real tall guy, said that he thought they would 19 be essentially -- well, in three weeks, he thinks they'll be 20 through with what everybody -- the visual part of it and all 21 the things that are kind of getting in people's way. They've 22 still got some equipment up and some barriers up and that 23 sort of thing, and they've got to still do some striping and 24 all of that and finish work. It'll actually take them about 25 six weeks, he thinks, maybe seven to completely finish up out 8-24-15 12 1 there and be through. So, it really looks good so far. But 2 I do -- I think that -- I stopped by Moore's Lumberyard on 3 the way up there. I asked the guy where they were having 4 these proceedings, and he said, "Well, it's up the road, but 5 I think they jumped the gun a little bit. It's not through 6 yet." (Laughter.) So, anyway, it's going to be completed 7 pretty soon. I'm -- I can report to you that out 16 South is 8 -- boy, that's nice now. You know, it was very difficult 9 putting up with all of that for -- I live out there that way, 10 so I know how they feel up in Ingram up here, but it looks 11 really nice out there on 16 South. And it does in Ingram -- 12 going to look that same way in Ingram. Anybody have anything 13 else? 14 COMMISSIONER LETZ: Judge, I have a comment to add 15 on that. I'd just encourage everyone, when they drive 16 through the area, stop and look. Those businesses have 17 really suffered. Some of them even went out of business over 18 this deal. I mean, this construction has gone on over a 19 year, maybe a year and a half; I don't know. Right in 20 Ingram, it's been -- 21 COMMISSIONER REEVES: Two and a half to three 22 years. 23 COMMISSIONER LETZ: But right in the middle of 24 town, and it's -- you know, it was a -- it's just a disaster 25 to some of the businesses, and Moore's is one of them that's 8-24-15 13 1 been impacted a lot. But there's a lot right around that 2 area right in the intersection, and, you know, it'd be nice 3 to do this if we can. Just -- they need -- they need it; 4 they've had a rough time. 5 JUDGE POLLARD: Representative Murr was there and 6 made a good talk. He's a smooth operator; he's really good. 7 Okay. With that, we're going on to Item 1.1 on the agenda, a 8 presentation regarding San Antonio Food Bank. Eric Cooper, 9 President/C.E.O. 10 MR. COOPER: Judge, Commissioners, thank you so 11 much. 12 JUDGE POLLARD: How are you today, sir? 13 MR. COOPER: Good. Good. Thank you again for 14 having me out to talk to you a little bit today about San 15 Antonio Food Bank. Judge, Commissioners, it's a privilege to 16 partner with you, and I want to thank you for your service. 17 I've got with me Mario Obledo, who's our Chief of Government 18 Relations and Public Affairs. You should have received a 19 packet of information, but just as a reminder, the food bank 20 serves 16 counties here in southwest Texas, which includes 21 Kerr. Within the 16 counties, we have about 535 different 22 nonprofit partners here in the county; organizations like the 23 Salvation Army, CAM, and the Society of St. Vincent de Paul 24 is kind of the big three, but it also includes the Red Cross, 25 Junction House, K'Star, Child's Place, Zion Lutheran, 8-24-15 14 1 Pathways. In Ingram, the Church of the Hills, and then the 2 First United Methodist Church here in Kerrville. Our -- our 3 role is to try to collect food from wherever we can get it, 4 and that really is global sourcing now. 5 We're getting a lot of produce out of Mexico, 6 and -- and like we saw in the warehouse the other day some 7 plums we brought up from Chile. But we have opportunities to 8 procure food products at very, very low prices, oftentimes 9 donated. We just have to pay for the trucking. For 10 instance, we got in some cereal from Kellogs out of Battle 11 Creek, Michigan. They'll donate the cereal; we've just got 12 to get it from Battle Creek to San Antonio, and then out to 13 the agencies. In the last 12 months, we've distributed about 14 a million pounds of food valued at almost $2 million 15 throughout the county, and so it's been a pretty busy summer. 16 And leading off with disasters from floods to fires is the 17 Red Cross stood up shelters throughout Hays County with the 18 -- with the flooding. Our role is to help stock snacks, 19 beverages, and then where they lack a kitchen, we can 20 actually produce a hot prepared meal. And so not only are we 21 fighting that daily disaster of poverty, but when a natural 22 disaster occurs, you'll see us behind the scenes supporting 23 those organizations that -- that rise to the challenge. 24 We're struggling, and we're looking for 25 investments, and so that's what's brought me here to the 8-24-15 15 1 Court today. Oftentimes as we're raising that 1.9 million to 2 invest in the county, our supporters are saying, "Hey, what's 3 the county doing?" You know, "What's the community of 4 Kerrville doing to help bring these resources into the 5 community?" And so when we look at the 16 counties we serve, 6 a little more than half are actually investing in us to 7 insure that safety net. And it can be a small amount. Even 8 $5,000 can go a long way, or $500 can go a long way, but it 9 just helps to offset some of the costs to get the food 10 procured and into the county, and so I'd ask that you 11 consider that. 12 Today's a great day in our world, 'cause kids go 13 back to school, but that demand when kids are out of school 14 does overwhelm us, because so many of them participate in the 15 National School Lunch/Breakfast program and don't have that 16 resource. And so we'll see a little bit of -- of lowering of 17 demand, but we'll start with our -- our strategies to do 18 backpack programs. We have about four schools here in the 19 community that -- that run that backpack program. Looks like 20 last year, they distributed about 2,400 backpacks to kids. 21 And what that is, it's just -- it's a six-meal pouch. When a 22 child goes home on Friday and doesn't have food at home, that 23 teacher or the school nurse will make sure that they get that 24 -- that resource so they've got some nourishment over the 25 weekend. But we collectively, throughout our 16 counties, 8-24-15 16 1 feed about 58,000 people a week. That breaks down into about 2 a third are kids and about a third are seniors. The seniors 3 are what's growing. The middle third are what we call 4 able-bodied people, 18 to 65 years of age. About 54 percent 5 of them are working full-time. The other 46 percent are your 6 part-time or unemployed. 7 When a resident of the county calls the food bank, 8 which we have about 10,000 calls a month from the community, 9 they'll be taken through the steps of how to get food here 10 locally through one of our agencies. They'll also be 11 screened for any other public benefits they might be eligible 12 for, and then we'll move them into Workforce or job training, 13 if they're eligible for job training, or just, you know, 14 assistance in looking for a job. We definitely believe that 15 people should work according to ability, but receive 16 according to need, and so as we serve those kids and seniors, 17 a lot of need throughout the county. So, I'll answer any 18 questions, Judge, but just thank you so much for giving me 19 the opportunity to better educate you, and we really look to 20 maybe see if there's a partnership we could create to help 21 support some of the resources that we're bringing into the 22 county and serving residents. 23 JUDGE POLLARD: This is a very worthy project. My 24 daughter is the assistant director of the day school over 25 here at the Lutheran Church on Sidney Baker North, and she 8-24-15 17 1 speaks very highly of the food bank. And many -- many of 2 those children come from families that are struggling 3 financially, and so the school is able to -- they have a 4 little kitchen over there, and they serve meals at the school 5 and preschool, kindergarten, and -- and the food bank is a 6 very valuable source of food for that kitchen over there. I 7 can tell you, my daughter speaks really highly of your -- 8 your organization. 9 MR. COOPER: Thank you, Judge, for that. Yeah, 10 it's -- we partner with so many great organizations that are 11 doing really God's work there at the -- at the street level. 12 We're -- we're focused on the procurement and bringing it in. 13 We do have our mobile pantries that it looks like over the 14 last 12 months, we have about 200,000 pounds of fresh produce 15 that was distributed through those mobiles. And you might 16 have seen them. It's kind of a truck that -- it's an old 17 beer truck, but it has some refrigerated compartments that 18 allows us to keep things cold, and we can set up in a parking 19 lot. Oftentimes, we use that in disaster settings if we're 20 doing a distribution to families. But -- but thank you. 21 JUDGE POLLARD: Thank you very much. Anybody have 22 any questions or comments? 23 COMMISSIONER MOSER: No. Thank you very much. 24 JUDGE POLLARD: Thank you for coming down. 25 MR. COOPER: Yeah. Thank you, Judge. 8-24-15 18 1 JUDGE POLLARD: Appreciate it very much. 2 COMMISSIONER REEVES: Thank you. 3 JUDGE POLLARD: All right. Let's go to Item 1.2; 4 consider, discuss, and take appropriate action for the 5 Court's approval to fill a fully funded 15.1 road maintenance 6 technician position at the Road and Bridge Department, 7 Precincts 1, 2, 3, and 4. Mr. Odom or Mr. Hastings. 8 MR. HASTINGS: Thank you. Road and Bridge 9 Department has a fully funded 15.1, a road maintenance 10 technician, one position that is open, and we would like to 11 fill it. At this time, we're asking the Court for their 12 approval to fill this fully funded position. 13 COMMISSIONER LETZ: So moved. 14 COMMISSIONER MOSER: Second. 15 JUDGE POLLARD: Been moved and seconded that Road 16 and Bridge be able to fund this position and fund it. Any 17 further discussion? 18 COMMISSIONER LETZ: Just a question. If I'm 19 thinking right, this position has been open for a while. Is 20 there a reason you want to fill it at this point in time? 21 MR. HASTINGS: Yes. We had left it open for budget 22 discussions, and now that the budget discussions are closed, 23 we need to fill it so that we can go back to getting the dead 24 animal collection. We're getting behind on other things -- 25 JUDGE POLLARD: Okay. 8-24-15 19 1 MR. HASTINGS: -- leaving that position open. 2 COMMISSIONER LETZ: Okay. 3 JUDGE POLLARD: Any further discussion? There 4 being none, those in favor of the motion, signify by raising 5 your right hand. 6 (The motion carried by unanimous vote, 4-0.) 7 JUDGE POLLARD: It's 4-0, unanimous. Thank you, 8 sir. 9 MR. HASTINGS: Thank you. 10 JUDGE POLLARD: 1.3; discuss -- consider, discuss, 11 and take appropriate action to issue a Request for Proposals 12 for easement and property acquisition services related to the 13 East Kerr County wastewater project. Mr. Hastings. 14 MR. HASTINGS: Thank you. Through the engineering 15 contract with Tetra Tech Engineering, approximately 75 16 easements have been identified for the east Kerr County 17 wastewater project. Those easements have been surveyed and 18 documents have been prepared. We're at the point where we're 19 ready for professional services for the easement and property 20 acquisition, and this would be funded by the Clean Water 21 State Revolving Fund loan forgiveness grant that -- and loan 22 -- and loan that we have already been awarded. We're 23 requesting the Court to issue a Request for Proposals for 24 easement and property acquisition services related to the 25 East Kerr County wastewater project at this time. 8-24-15 20 1 COMMISSIONER MOSER: So moved. 2 COMMISSIONER LETZ: Second. I'll make a comment 3 also. 4 JUDGE POLLARD: All right, it's been moved and 5 seconded. Any further comments? Questions? 6 COMMISSIONER LETZ: There's a related -- later item 7 about the funding of this. 8 JUDGE POLLARD: Okay. Which later item is it? You 9 think we ought to just call it now? 10 COMMISSIONER LETZ: It's -- 10? 12. 1.12. 11 JUDGE POLLARD: All right. 12 COMMISSIONER LETZ: I mean, I don't know that it 13 makes that much difference, I mean, either way. 14 JUDGE POLLARD: All right. We'll just go -- we'll 15 just do this one, then, for right now. Is there -- there's a 16 motion made and seconded. Is there any further discussion on 17 it? There being none, those in favor of the motion, signify 18 by raising your right hand. 19 (The motion carried by unanimous vote, 4-0.) 20 JUDGE POLLARD: It's 4-0. All right. 1.4; 21 consider, discuss, and take appropriate action to approve the 22 District Clerk's Written Archive Plan as presented. 23 MS. BURLEW: Morning. How are you? 24 COMMISSIONER LETZ: Morning. 25 MS. BURLEW: I'm going to pass this item. 8-24-15 21 1 JUDGE POLLARD: You're going to pass? 2 MS. BURLEW: Yes, sir. 3 JUDGE POLLARD: Okay. 4 MS. BURLEW: Thank you. 5 JUDGE POLLARD: All right. 1.5; consider, discuss, 6 and take appropriate action to set public hearing on proposed 7 Kerr County budget for fiscal year 2015 and '16 at 9:45 a.m. 8 on September 28, 2015. This is one we discussed with some 9 confusing conversations at the last Commissioners' meeting, 10 but I think that's a date that we agreed on is required by 11 law, and so I'll entertain a motion to -- 12 COMMISSIONER BALDWIN: I move for approval, Judge. 13 JUDGE POLLARD: All right. 14 COMMISSIONER LETZ: Second. 15 JUDGE POLLARD: Been moved and seconded for 16 approval of Item 1.5, and that is to set a public hearing at 17 9:45 a.m. on September 28th, 2015, for the purpose of setting 18 the proposed Kerr County budget. Is there any further 19 discussion? There being none, those in favor of the motion, 20 signify by raising your right hand. 21 (The motion carried by unanimous vote, 4-0.) 22 JUDGE POLLARD: It's 4-0, unanimous. All right. 23 1.6; consider, discuss, and take appropriate action to 24 authorize publication of notice of public hearing on 25 consideration of and adoption of Kerr County budget for 8-24-15 22 1 fiscal year 2015-2016 at 9:45 a.m. on September 28. Same 2 thing. I'll entertain a motion for that publication. 3 COMMISSIONER BALDWIN: So moved. 4 COMMISSIONER LETZ: Second. 5 JUDGE POLLARD: Been moved and seconded for 6 approval of Item 1.6, to -- for the pub -- authorize the 7 public notice of that meeting on September 28, 2015, at 8 9:45 a.m. Is there any further discussion? There being 9 none, those in favor of the motion, signify by raising your 10 right hand. 11 (The motion carried by unanimous vote, 4-0.) 12 JUDGE POLLARD: It's 4-0, unanimous. All right. 13 1.7; consider, discuss, and take appropriate action to 14 approve general provisions for fiscal year 2015 and '16. Any 15 discussion on that? 16 COMMISSIONER BALDWIN: I couldn't see any changes. 17 I mean, I didn't recognize anything that was different from 18 anything -- 19 JUDGE POLLARD: None. 20 COMMISSIONER BALDWIN: There is none. That's why I 21 didn't recognize it. 22 JUDGE POLLARD: All right. 23 COMMISSIONER BALDWIN: So, I move for approval. 24 COMMISSIONER REEVES: Second. 25 COMMISSIONER MOSER: Second. 8-24-15 23 1 JUDGE POLLARD: Been moved and seconded for 2 approval of the general provisions for fiscal year 2015 and 3 '16. Any further discussion? There being none, those in 4 favor of the motion, signify by raising your right hand. 5 (The motion carried by unanimous vote, 4-0.) 6 JUDGE POLLARD: It's 4-0, unanimous. All right, 7 let's go to -- it's not quite 9:30. We'll have to skip that 8 one for a little bit. Let's go to 1.9; consider, discuss, 9 and take appropriate action on appointing representatives to 10 review and make recommendations regarding the interlocal 11 agreement with the City of Kerrville regarding the 12 Kerrville/Kerr County Airport. Commissioner Letz. 13 COMMISSIONER LETZ: Quick comment. I think we can 14 actually pass on this. I thought that this agreement expired 15 in September of '15. It expires September of '16, so I don't 16 think we need to do anything right now. We'll just put this 17 back on the agenda next summer. 18 COMMISSIONER BALDWIN: Next summer? 19 JUDGE POLLARD: Okay. 20 COMMISSIONER LETZ: If I'm here. 21 COMMISSIONER BALDWIN: Commissioner, can I ask you 22 one quick question, though? 23 COMMISSIONER LETZ: Sure. 24 COMMISSIONER BALDWIN: Is there a particular issue 25 involved with this document that needs to be reviewed or 8-24-15 24 1 looked at? 2 COMMISSIONER LETZ: Overall, I have knowledge of 3 it. In my opinion, I like the agreement. I like the way it 4 works, and I like the -- you know, everything about it. We 5 may need to look at some wording, possibly. I think the 6 provisions -- the paragraph about duration is a little 7 confusing, so I think maybe we can clarify some terms. But 8 as for the agreement, no, I think the agreement's good. It's 9 worked very well. The Airport Board has gone from a huge 10 contribution from the City and the County to almost being 11 self-funded. We're still funding a little bit, but they do 12 have a reserve surplus I think this year, I believe, so that 13 should almost be taken care of as well. 14 COMMISSIONER BALDWIN: We talk all the time about 15 how neat that operation runs out there, and my first thought 16 was, gosh, if it's running so neat, let's don't tinker with 17 it much. 18 COMMISSIONER LETZ: I agree. 19 COMMISSIONER MOSER: Proof's in the pudding. It's 20 working well. 21 COMMISSIONER BALDWIN: Yeah. 22 COMMISSIONER MOSER: Yeah, good. 23 COMMISSIONER BALDWIN: Thank you. 24 JUDGE POLLARD: Well, if there's something that 25 needs to be studied about cleaning up a little bit of the 8-24-15 25 1 language, maybe spring will be a better time to do it, 2 instead of summer. 3 COMMISSIONER LETZ: Sometime. I mean, -- 4 JUDGE POLLARD: That will -- 5 COMMISSIONER LETZ: -- we still have time. But we 6 just need to deal with it prior to, certainly, next 7 September 29th. 8 COMMISSIONER MOSER: I think that's when it 9 expires. 10 JUDGE POLLARD: Make a note. Maybe April? 11 COMMISSIONER LETZ: Sure. 12 JUDGE POLLARD: All right. We're going to pass 13 1.9, then, till about April of next year. 14 COMMISSIONER BALDWIN: That seems odd, doesn't it? 15 JUDGE POLLARD: Yeah. All right. 1.10; consider, 16 discuss, and take appropriate action to invite Kerrville City 17 Council to joint social gathering with Kerr County 18 Commissioners Court. Commissioner Letz. 19 COMMISSIONER LETZ: I put this on the agenda 20 just -- I don't know what made me even think about it, but as 21 I was driving, I was thinking we used to have pretty much 22 annual meetings with the City Council. And we had those, and 23 they were often contentious because we were usually 24 discussing interlocal agreements and contracts and all that 25 stuff. But a good part of the meetings, in my opinion, was 8-24-15 26 1 that we got to sit down with them and just -- and meet with 2 them and get to know them better. And I don't really know 3 that we have any agreements we need to discuss with them, but 4 I think it would just -- I'd like to, you know, make an offer 5 to City Council. Let's invite them to dinner or something, 6 somewhere like Buzzie's, or it doesn't make any difference 7 where, and just have a social gathering, just so we get to 8 know some of the councilmen -- or council people I don't know 9 real well. I don't know Mr. Stork very well; I don't know 10 Ms. White very well. I certainly know the mayor and Mr. Fine 11 and Gene Allen fairly well, but still I think it's a good -- 12 it makes it a lot easier for us to work together if we know 13 each other. So, I just put it on the agenda today to see 14 what the rest of y'all thought. 15 COMMISSIONER MOSER: I think it's a good idea. 16 COMMISSIONER REEVES: I agree. 17 JUDGE POLLARD: I do too. 18 COMMISSIONER LETZ: Okay. Do we want to just ask 19 the Judge to work with the, you know, mayor or City Council 20 about setting up a time? 21 COMMISSIONER MOSER: Sure. 22 COMMISSIONER LETZ: And I don't know that we need 23 any action on this. 24 JUDGE POLLARD: I'm getting a general affirmative 25 nod from the mayor back there. 8-24-15 27 1 COMMISSIONER LETZ: Okay. Anyway, so that's it. I 2 don't know that we need a motion -- or, yeah, let's do a 3 motion on it. I'll make a motion to authorize the County 4 Judge to invite the City Council to a social gathering at the 5 invitation of Commissioners Court. 6 COMMISSIONER MOSER: Second. 7 COMMISSIONER LETZ: At a date to be determined. 8 JUDGE POLLARD: Been moved and seconded that I be 9 authorized to negotiate with the mayor to arrange a social 10 meeting at a time mutually agreeable to all parties. Any 11 further discussion or comments? If there's none, 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. Okay, it's 15 still not 9:30. 1.11; consider, discuss, take appropriate 16 action to authorize submittal of revision to the 2015 EDAP 17 application to the Texas Water Development Board concerning 18 the Center Point/East Kerr wastewater project. Commissioners 19 Letz and Moser. 20 COMMISSIONER LETZ: Jody has it in the backup, and 21 also I handed out some -- a little additional information 22 with some budget information. What we're doing, this relates 23 to the first -- which one is this one, EDAP? 24 JUDGE POLLARD: Uh-huh. 25 COMMISSIONER LETZ: We submitted an application in 8-24-15 28 1 2015 for EDAP funding, and we are -- we're just modifying -- 2 resubmitting it and modifying it slightly. It's just a new 3 application at this point. No funds to be expended. It's 4 just changing things around. At our -- we met with the Water 5 Development Board several weeks ago, and they have requested 6 that we split out EDAP -- they want us to figure out how much 7 of the project we're going to try to fund with EDAP and how 8 much of the project we're going to try to fund with Clean 9 Water Act. So, we're modifying the EDAP grant to the part 10 that's EDAP-eligible only, and then we will be modifying -- 11 or we're going to be submitting at a later date a 2016 12 application that will have the Clean Water S.R.F. funding 13 split out as well. So, this is really just to -- to split 14 out that EDAP grant as to what is going to be EDAP-eligible. 15 The first page -- or part of that application, I think, put 16 us back up. If you have any questions, between Charlie, Tom, 17 and I, we can try to answer them. 18 JUDGE POLLARD: Is this -- do we need a resolution 19 to authorize the application? 20 COMMISSIONER LETZ: I do not believe we need any 21 resolutions based on -- I think we are just resubmitting it 22 and revising the application. After talking with Keller and 23 Water Development Board, probably just a court order to 24 resubmit it will be sufficient. 25 JUDGE POLLARD: Okay. 8-24-15 29 1 COMMISSIONER MOSER: So, you move that? 2 COMMISSIONER LETZ: Yes, I make a motion to 3 resubmit the EDAP application for 2015. 4 COMMISSIONER MOSER: Second. 5 JUDGE POLLARD: Okay. It's been moved and seconded 6 that we be authorized to resubmit the EDAP application. 7 COMMISSIONER MOSER: The 2015 EDAP. 8 JUDGE POLLARD: And is there any further 9 discussion? No further discussion. Those in favor of the 10 motion, signify by raising your right hand. 11 (The motion carried by unanimous vote, 4-0.) 12 JUDGE POLLARD: It's 4-0, unanimous. All right. I 13 think it's now past 9:30; we can go back to 1.8. Consider, 14 discuss, and take appropriate action on request to repair 15 asphalt at Mooney International. Mr. McKenzie. Sorry to 16 keep you waiting, but we -- it was a timed one. 17 MR. McKENZIE: Not a problem. Good morning, Judge. 18 JUDGE POLLARD: Good morning. 19 MR. McKENZIE: Commissioners. I visited with you 20 several weeks ago about a project that was requested by 21 Mooney International about doing some small paving repair and 22 repairing their employee parking lot, and you asked me at 23 that time to come back and give you an update, and that's the 24 purpose of my agenda item today, is to tell you where we are 25 with that. Three weeks ago, we completely repaired and 8-24-15 30 1 refurbished the employee parking lot. The City of Kerrville 2 spent about six days out there with all of their resources, 3 and did a wonderful job. We also addressed the drainage on 4 that parking lot. Esthetically now, it looks great. The 5 Mooney management is happy; the employees are extremely 6 happy, because they've got a decent place to park. 7 Commissioner Moser's seen that before and after. They did a 8 great job, so that part of it is complete now. 9 As we move forward, the other three areas are right 10 inside their campus, one on either end of the service center, 11 and one area by the fab shop that needs to have the asphalt 12 taken off of it. And just as a -- a quick side note and a 13 segue to what I'm going to tell you, this timing couldn't be 14 better, because the roofing contractor that's working out 15 there now has torn up about 40 percent of the asphalt that 16 was there. Not -- not -- it wasn't -- it was just part of 17 the job. It just happened because that asphalt was so 18 brittle, as some of you have seen, and their equipment has 19 just riddled it, so that saved us a lot of work right there. 20 So, as we move forward with this, that's the next thing that 21 will happen, probably in about three weeks. The base 22 material will be taken out, which is not going to be a huge 23 -- huge project on those three areas, new base material put 24 in, and then the City has said they would come back in and -- 25 and pave, put hot mix on top of that. That part takes hot 8-24-15 31 1 mix, and the City's already agreed to do that, either 2 themselves or they'll outsource that as well whenever the 3 County gets through putting the base material on it. So, 4 that's where we are now. It's gone -- it's gone very 5 smoothly. It's gone real well. The city folks did a great 6 job on the parking lot, and like I say, the timing with this 7 couldn't be better, because they've got that asphalt torn up 8 out there now around their service center. So, as we move 9 through this, it ought to go real well. 10 COMMISSIONER MOSER: So, in summary, the County is 11 going to do the base preparation? 12 MR. McKENZIE: Yes, sir. 13 COMMISSIONER MOSER: And City is going to do the 14 paving? 15 MR. McKENZIE: That's correct, sir. Yes, sir. 16 COMMISSIONER MOSER: Okay. 17 MR. McKENZIE: Mm-hmm. That's where we are. 18 COMMISSIONER MOSER: So, what's the specific 19 request, then? 20 MR. McKENZIE: It's just to update. You asked me 21 to give you an update as we worked through this, and 22 that's -- I wanted to tell you it's going smoothly right now. 23 JUDGE POLLARD: Have we previously authorized this 24 with a resolution from Commissioners Court? 25 COMMISSIONER MOSER: We don't have to do that. 8-24-15 32 1 They -- I think they have the funding in the Airport Board 2 for the -- 3 MR. McKENZIE: We're paying for the materials, yes, 4 sir. 5 COMMISSIONER MOSER: Right. So -- 6 JUDGE POLLARD: Okay. 7 MR. McKENZIE: Thank you, Commissioners. 8 JUDGE POLLARD: Thank you, sir. 9 MR. McKENZIE: Thank you. Any questions? Okay, 10 thank you. 11 COMMISSIONER REEVES: Thanks for a good job. 12 MR. McKENZIE: Thank you. 13 JUDGE POLLARD: Item 1.12; consider, discuss, and 14 take appropriate action to authorize submittal of revision of 15 the 2015 C.W.S.R.F. -- whatever that is -- application to the 16 Texas Water Development Board concerning the Center 17 Point/East Kerr Wastewater Project. That's probably what it 18 is. Commissioner Moser. 19 COMMISSIONER MOSER: And Letz. 20 JUDGE POLLARD: And Letz. 21 COMMISSIONER MOSER: Go ahead. 22 COMMISSIONER LETZ: Okay. It stands for Clean 23 Water State Revolving Fund. 24 JUDGE POLLARD: Thanks. 25 COMMISSIONER LETZ: Remember that. 8-24-15 33 1 JUDGE POLLARD: Oh, yeah, I will. (Laughter.) 2 COMMISSIONER LETZ: We were awarded some funds 3 originally; I can't remember the exact amount, but -- under 4 this program, but it was an amount that was so small that it 5 didn't -- we couldn't really do anything with it. 6 COMMISSIONER MOSER: A little over a million 7 dollars. 8 COMMISSIONER LETZ: Little over a million dollars 9 originally. It was less than that originally -- I guess it 10 was a million dollars, but either way; doesn't make any 11 difference. And they said that we could phase the project, 12 but there was no phase small enough that we could access 13 those funds, but they were held for us. So, we were working 14 with the Water Development Board, and we came to the 15 right-of-way acquisition. We asked them -- we did not think 16 that this would be eligible for this, 'cause it wasn't under 17 the original application. They said yes, they will fund the 18 right-of-way acquisition out of the funds that are 19 currently -- that we currently have designated for us. And 20 that was what the RFP was for, for that. This is to get 21 those funds -- or resubmit the application to include 22 right-of-way acquisition, which was not originally into it. 23 We have -- they have the funding already earmarked for us. 24 That's how we'll pay for that part of the project. 25 JUDGE POLLARD: Okay. Any questions? If not, I'll 8-24-15 34 1 ask for a motion. 2 COMMISSIONER LETZ: I'll move approval. 3 COMMISSIONER MOSER: I'll second. 4 JUDGE POLLARD: It's been moved and seconded for 5 approval of Item 1.12, which is submittal of the revision of 6 the 2015 application to the Texas Water Development Board. 7 Is there any further discussion? There being none, those in 8 favor, signify by raising your right hand. 9 (The motion carried by unanimous vote, 4-0.) 10 JUDGE POLLARD: It's 4-0, unanimous. All right, 11 let's go on to Item 1.13; consider, discuss, and take 12 appropriate action to authorize the preparation of the 2016 13 Clean Water -- something. What is it? 14 COMMISSIONER LETZ: Clean Water State Revolving 15 Fund. 16 JUDGE POLLARD: Okay, to the Texas Water 17 Development Board regarding the Center Point/East Kerr 18 Wastewater Project. Commissioner Letz and Moser. 19 COMMISSIONER LETZ: This is one -- it's really to 20 put it on the agenda that we -- or it's time to submit the 21 next application for 2016 funding year. We are rated number 22 two in the state, and based on who is number one, we're 23 anticipating getting 15 or so million dollars this year -- or 24 in '16. There are some -- there is an expenditure to prepare 25 the application by Tetra Tech, but that amount will be part 8-24-15 35 1 of the application -- of the grant that we receive, so 2 there's no out-of-pocket at this time. And all we're doing 3 is just basically advising the Court that we need to direct 4 Tetra Tech to prepare the application for the 2016 Clean 5 Water State Revolving Funds application process. 6 JUDGE POLLARD: Okay. 7 COMMISSIONER LETZ: I move approval. 8 JUDGE POLLARD: Is there a motion? 9 COMMISSIONER LETZ: Yeah. Move approval. 10 COMMISSIONER MOSER: Second. 11 JUDGE POLLARD: Been moved and seconded for the -- 12 to direct Tetra Tech to proceed with preparation of the 2016 13 application regarding the Center Point/East Kerr Wastewater 14 Project. And is there any further discussion? 15 COMMISSIONER LETZ: I'll just make another comment 16 on this, just kind of general, because as we're getting 17 closer to this project, to the construction of it, the -- we 18 are working, I guess Tom and I and Charlie and Brenda, with 19 Dusty Traylor, our financial adviser, working on the funding, 20 because there will be 30 percent that the -- or 20 to 21 30 percent that we will be obligated for locally. And that 22 local payment will be coming from the residents. It's not 23 going to come out of the general funds; it's coming from the 24 people that will be hooked up to the system as part of their 25 debt structure, and that we're working with Water Development 8-24-15 36 1 Board on delaying funding repayment to a point until after we 2 get the project complete. Water Development Board seems fine 3 with that, and we'll be at a low interest rate. We're not 4 sure of the exact amount that's going to be required to be 5 funded, because we're not using the EDAP funding yet. The 6 Clean Water Act will be -- 30 percent of that will be local; 7 7 percent will be grant -- loan forgiveness. The EDAP 8 portion could be up to 100 percent. And we're waiting on -- 9 we're -- Keller is breaking out exactly how much of it is 10 actually EDAP versus non-EDAP. And the EDAP portion has been 11 greatly increased due to work that Charlie and Ray and their 12 staffs have done on going back and really working with the 13 Department of Health, trying to get the number of 14 EDAP-eligible properties increased, and we were very, very 15 successful there. So, you know, we're not sure where that's 16 going to land, but it certainly will be a big help to the 17 project. 18 COMMISSIONER MOSER: And Ray Garcia's -- 19 COMMISSIONER LETZ: Yeah, Ray -- Ray and Charlie. 20 COMMISSIONER MOSER: Yeah. 21 JUDGE POLLARD: All right. If there's no further 22 discussion -- 23 COMMISSIONER LETZ: I'll make a motion for 24 approval. 25 COMMISSIONER MOSER: Second. 8-24-15 37 1 JUDGE POLLARD: All right. No further discussion, 2 those in favor, signify by raising your right hand. 3 (The motion carried by unanimous vote, 4-0.) 4 JUDGE POLLARD: 4-0, unanimous. All right. 1.14; 5 consider, discuss, and take appropriate action to approve 6 capital expenditure for Environmental Health Department. 7 Commissioners Letz and Reeves. 8 COMMISSIONER LETZ: I believe the -- Ray was here a 9 while back. We wanted a list of the expenditures, and I 10 believe everyone has a copy -- got a copy of it -- 11 JUDGE POLLARD: Yeah. 12 COMMISSIONER LETZ: -- with the amounts. It totals 13 up to about 100,000. The perimeter fencing is 28,000; the 14 cat kennels -- and change -- 11,000. 32 for the kennels. 15 Three trucks. Bob and I have talked about the trucks a 16 little bit. I think it's probably a bad idea to buy -- I 17 don't mind funding all the trucks, but I think it's a bad 18 idea to buy them all at one time. I think it'll be better to 19 buy one per year if we can extend that out long enough. If 20 not, then two and then one. Just from the standpoint of if 21 we buy them all in one year, we're more than likely going to 22 have to replace three in a year. That's very difficult, 23 'cause we are not going to have these capital funds 24 available -- or likely. 25 COMMISSIONER BALDWIN: Let me ask you while you're 8-24-15 38 1 there, can you extend them out that far? 2 COMMISSIONER LETZ: I'm -- I was looking towards 3 Brenda as I said that. I know we can extend it out some. 4 I'm not sure how far. I think we can go three years. 5 MS. DOSS: As long as it was in the original plan 6 that that's what we're going to spend it on, you can. 7 COMMISSIONER LETZ: The original plan I don't think 8 was designated. It was the funding amount for Environmental 9 Health Department. Trucks were not specifically mentioned at 10 that time. 11 MS. DOSS: Okay. I'll have to look and see what 12 was in the original. 13 COMMISSIONER LETZ: I'm not -- I just don't 14 remember the exact wording of how that -- you know, that -- 15 so we do need to verify or check that between Brenda and 16 Heather. 17 MS. DOSS: Okay. 18 COMMISSIONER LETZ: But, you know, that's a good 19 question. 20 COMMISSIONER BALDWIN: Why don't you do two one 21 year and one the following year, and just close it out? 22 COMMISSIONER LETZ: Yeah, that's fine, as long as 23 it's eligible; those trucks are okay to spend it on. I think 24 they will be, 'cause I think we're usually pretty broad on 25 the expenditures. It's more by department. On the fencing, 8-24-15 39 1 I think we have another agenda item about the Ag Barn. 2 There's similar fencing we're probably going to do at the Ag 3 Barn. I would recommend we probably hold off on doing both 4 those together. By increasing the amount, we might be able 5 to lower the cost. So, there's the same type fencing 6 basically going to be done, a good part of it around River 7 Star where the fences are falling down. So, anyway, I just 8 wanted to -- I brought up -- or requested to bring it to the 9 Court, and so I think I'd recommend approval. 10 COMMISSIONER REEVES: I'll second. 11 JUDGE POLLARD: Okay. It's been moved and seconded 12 as to Item 1.14, to authorize the capital expenditure for 13 Environmental Health Department. Any further discussion? 14 COMMISSIONER LETZ: And just -- just a comment. To 15 go back to Commissioners Baldwin's -- and I would recommend 16 that we do two trucks one year and one truck the other year. 17 JUDGE POLLARD: Okay. Mr. Reeves, do you accept 18 that -- 19 COMMISSIONER REEVES: Yes, I do. 20 JUDGE POLLARD: -- as part of the motion? All 21 right. On that motion, then, if there's no further 22 discussion, those -- indicate your affirmative vote by 23 raising your right hand. 24 (The motion carried by unanimous vote, 4-0.) 25 JUDGE POLLARD: It's 4-0, unanimous. All right. 8-24-15 40 1 1.15; consider, discuss, take appropriate action to fill one 2 vacant, budgeted position in the Maintenance Department. Tim 3 Bollier. 4 MR. BOLLIER: Yes, sir. Thank you, Judge. Thank 5 you, Commissioners. This position just opened up. It is my 6 maintenance/custodian position, and we're just asking to fill 7 it. It just opened. 8 COMMISSIONER LETZ: I move approval. 9 COMMISSIONER REEVES: Second. 10 JUDGE POLLARD: Been moved and seconded that the 11 Maintenance Department be authorized to fill the vacant and 12 budgeted position. Any further discussions? There being 13 none, those in favor, signify by raising your right hand. 14 (The motion carried by unanimous vote, 4-0.) 15 JUDGE POLLARD: It's 4-0, unanimous. 16 MR. BOLLIER: Thank you, sir. 17 JUDGE POLLARD: All right. Item 1.16. This is the 18 opening day of school, and so -- 19 COMMISSIONER LETZ: 10 o'clock. 20 JUDGE POLLARD: -- they decided they couldn't come, 21 so we're going to pass Item 1.16. 22 COMMISSIONER REEVES: 10 o'clock item. 23 JUDGE POLLARD: Next one is 10 o'clock; we'll have 24 to come back to it. All right. 1.18 -- I'm sorry, 1.17. 25 COMMISSIONER MOSER: That's 10 o'clock, too. 8-24-15 41 1 JUDGE POLLARD: Okay. All right; 1.18; consider, 2 discuss, and take appropriate action on capital improvements 3 to the Hill Country Youth Event Center and River Star Park. 4 Commissioner Letz. 5 COMMISSIONER LETZ: Two items here. One I just 6 mentioned is the fencing. It's -- pretty much all of River 7 Star Park needs to be fenced. It's in terrible shape; you 8 can just walk through it, so you cannot secure it. The 9 question is whether you use chain link along Highway 27 to 10 match the rest of it, and then like a net wire deer-proof 11 fence around the rest of it? Or do the deer-proof side on 12 the whole part of it? I don't -- 13 JUDGE POLLARD: Or chain link the whole way. 14 COMMISSIONER LETZ: The back -- 15 COMMISSIONER REEVES: Chain link would be much too 16 expensive to do the perimeter. 17 COMMISSIONER LETZ: The whole back part, the back 18 part of the property has a deer-proof fence on it right now, 19 just net wire. The front has chain link. It doesn't have a 20 great -- 21 COMMISSIONER MOSER: I think esthetically, it would 22 look nice to see the whole thing along Highway 27 the same. 23 It may cost little bit more. 24 COMMISSIONER LETZ: And this is just really to -- I 25 mean, to get it before the Court, and then get Maintenance to 8-24-15 42 1 give us a -- get a cost estimate on that. 2 COMMISSIONER MOSER: Right. 3 COMMISSIONER LETZ: The other item is, we've talked 4 quite a bit about the divider in the exhibit hall, and as a 5 high priority for the Court. When Bob and I met with the 6 representative from Spectra, they concurred that that would 7 be their number-one priority as well. And Bob and I talked 8 about it a little bit, and we're not sure -- we would rather 9 get that done sooner rather than later, so we don't shut that 10 facility down a little bit while we're doing the renovation 11 inside. I talked to Steve Huser about it, and I was 12 surprised, and hopefully -- maybe it was extremely 13 optimistic. He said it would shut it down for a week. I 14 thought a lot -- but he also said it's going to take three 15 months to get the door here, so -- 16 COMMISSIONER REEVES: And -- and visiting with 17 Jody -- when was it? -- Thanksgiving through the end of the 18 year is about the only window that you really have that -- 19 that the new event center is going to be vacant to give any 20 time, even a week, to get the divider up. I would hate to 21 plan on a week and something happen; we got an event 22 scheduled. So, sometime around Thanksgiving, if we move now, 23 perhaps the door could be in there between now and the end of 24 the year. 25 COMMISSIONER LETZ: The -- the other question I 8-24-15 43 1 had, the -- if we have to bid this, because the cost is going 2 to be in the neighborhood of -- we got an $84,000 credit, and 3 they're going to have to tear out and redo some sheetrock, so 4 it's going to be more than 84,000. But we're also very 5 limited to -- it's got to be a very certain door that fits 6 the structure we put in. And I -- and in my mind, I really 7 would like Huser to do it, because they know how they did it, 8 so that we can put it in. They built it so that they could 9 tear it out. So, I don't know if this is -- if we go with a 10 sole source thing the way it is. I'm looking at the County 11 Attorney. 12 MS. STEBBINS: I'll look. 13 COMMISSIONER LETZ: Or if we have to bid it. If we 14 do have to bid it, I think we need to be very specific in the 15 proposal that it's got to be that door, and it's got to be 16 put in within a week, and make it very specific. 17 COMMISSIONER MOSER: It was designed for a specific 18 door. 19 COMMISSIONER LETZ: Yes. 20 COMMISSIONER MOSER: Right. 21 COMMISSIONER LETZ: Yes. 22 COMMISSIONER MOSER: And all the -- all the 23 supporting structure and everything is there -- 24 COMMISSIONER REEVES: And the structure, the 25 closet -- 8-24-15 44 1 COMMISSIONER MOSER: -- to hang the door, even 2 though it's an over-simplification. 3 COMMISSIONER REEVES: It's a big door. 4 COMMISSIONER LETZ: Anyway, so I don't know how we 5 need to proceed on that. I'd like to authorize either -- if 6 we're going to go with Huser, then we can go with Huser 7 without bidding it; just do it. Or we can just go ahead and 8 bid it, put it out for bid for a week. 9 COMMISSIONER MOSER: And the funds are part of the 10 C.O.? 11 COMMISSIONER LETZ: Yes, funds are available. 12 Probably the cleanest -- I'll make a motion that we authorize 13 preparing an RFP for installation of the door, and bids will 14 be due back -- I'm trying to figure -- at our next 15 Commissioners Court meeting at 10:00 -- to open. They're due 16 back Friday, and we'll open them at 10 o'clock. 17 JUDGE POLLARD: Do you want to take some action now 18 about reserving a week in there somewhere too, before it 19 fills up with something else? 20 COMMISSIONER LETZ: I think we need to find out how 21 long -- when we get the door. 22 COMMISSIONER MOSER: Yeah, let's look at that. 23 COMMISSIONER LETZ: At least we'll get -- we can 24 get Huser -- or I can give him a call, get that part going. 25 But if we just do a real -- I mean, two-week turnaround or 8-24-15 45 1 10-day turnaround, I don't think it's going to delay it much 2 if we put it out for bid. 3 JUDGE POLLARD: Okay. 4 COMMISSIONER REEVES: I agree. 5 JUDGE POLLARD: All right. Is that a motion? 6 COMMISSIONER LETZ: That was a motion to put it out 7 for bid. 8 COMMISSIONER REEVES: And I'll second. 9 JUDGE POLLARD: All right. It's been moved to put 10 it out for bid, and been seconded, too. Is there any further 11 discussion? There being none, those in favor, signify by 12 raising your right hand. 13 (The motion carried by unanimous vote, 4-0.) 14 JUDGE POLLARD: It's 4-0, unanimous. 15 COMMISSIONER LETZ: Judge, on that -- Tim, you were 16 out of the room, but on the other part, River Star, I know 17 you gave us the footage -- you gave me the footage, anyway, 18 of the front versus the back part. The desire, I think, of 19 the Court is for you to get prices on chain link, and on the 20 front part along Highway 27, and more or less deer-proof type 21 around the Riverside Drive part. 22 MR. BOLLIER: Can I ask a question? 23 COMMISSIONER LETZ: Yes, sir. 24 MR. BOLLIER: Have we even considered the east end 25 of the polo field? I did not get those measurements, but we 8-24-15 46 1 did not discuss that. 2 COMMISSIONER REEVES: That's something we should 3 look at, 'cause that fence is in worse than bad shape. 4 COMMISSIONER BALDWIN: Yeah, that's the worst one. 5 COMMISSIONER LETZ: We ought to add that to it as 6 well. I think that we -- I'd like to get -- we're going to 7 have to bid it. Ray's already at 28,000. I think we need to 8 put all three of those out for bids -- or, I mean, the River 9 Star, Ray's fencing, the chain link along the front of, and 10 then the back side of River Star, but Riverside and the east 11 side as well. But put all those out for bid. That way we'll 12 get -- 13 MR. BOLLIER: Do we want just regular net wire for 14 the side on the -- 15 COMMISSIONER LETZ: It needs to be deer-proof, kind 16 of like we have along the river side right now, which is just 17 net wire. I'd probably go with the Stay-Tite wire. 18 MR. BOLLIER: Ray, you want the same stuff that 19 we've already put up? 20 MR. GARCIA: Yes, sir, I'd like that. 21 MR. BOLLIER: That Lock-Tite? 22 COMMISSIONER LETZ: Lock-Tite. I'd use the 23 Lock-Tite on all of it, the Lock-Tite, so if you'd just 24 prepare that. And then the only thing -- I think it's pretty 25 easy to write the RFP. How long to get -- get it out to 8-24-15 47 1 people? I wonder how soon we can get that RFP back. I guess 2 it's not a big rush. 3 JUDGE POLLARD: All right. Is that another motion 4 that you were just talking about? 5 COMMISSIONER LETZ: Yes, it would be another 6 motion, that they could go ahead and -- 7 COMMISSIONER REEVES: We need to get the specs and 8 the measurements. 9 COMMISSIONER LETZ: I'll make a motion to authorize 10 Maintenance Department and Environmental Health Department to 11 prepare an RFP for the fencing at the Environmental Services/ 12 Animal Control facility, the fencing that needs to be 13 replaced around River Star, and the east side polo field. 14 COMMISSIONER REEVES: I'll second that. 15 JUDGE POLLARD: It's been moved and seconded as 16 stated. I'm not going to try to repeat that. Is there any 17 further discussion? There being none, those in favor of the 18 motion, signify by raising your right hand. 19 (The motion carried by unanimous vote, 4-0.) 20 JUDGE POLLARD: It's 4-0, unanimous. 21 COMMISSIONER REEVES: Judge, if we go to 22 10 o'clock, how about a 5- or 10-minute recess? 23 JUDGE POLLARD: I think that's appropriate. Let's 24 have a 5- or 10-minute recess. 25 (Recess taken from 9:53 a.m. to 10:03 a.m.) - - - - - - - - - - 8-24-15 48 1 JUDGE POLLARD: Okay, the 10-minute recess is over. 2 We'll go to -- this is a timed item that was set for 3 10 o'clock. Item 1.17; public hearing on proposed Kerr 4 County 2015 tax rate. Diane Bolin. 5 (The regular Commissioners Court meeting was closed at 10:03 a.m., and a public hearing was held in 6 open court, as follows:) 7 P U B L I C H E A R I N G 8 JUDGE POLLARD: And if anybody else wishes to speak 9 on this, we're going to limit everything to three minutes, 10 okay? Is Diane here? 11 MS. VALVERDE: She was, and she stepped out. 12 JUDGE POLLARD: Okay. Does anybody want to speak 13 in this public hearing? Yes, sir? 14 MR. JONES: Judge, Commissioners, Ward Jones, 15 resident here in Kerrville. I had a couple of quick 16 questions in regards -- 17 JUDGE POLLARD: Where do you live, sir? 18 MR. JONES: 2126 Bluff Ridge -- 19 JUDGE POLLARD: Okay, thank you. 20 MR. JONES: -- in Kerrville. First of all, I 21 wondered was there any consideration for the sense of an 22 management company for the new youth center when the original 23 budget for the building of the renovations of the center took 24 place? 25 COMMISSIONER LETZ: We generally can't comment 8-24-15 49 1 during public hearings. 2 MR. JONES: Okay. 3 COMMISSIONER LETZ: But I'll be glad to answer your 4 questions afterwards if you talk to me. 5 MR. JONES: I guess that's something that has come 6 to our attention in terms of discussions at other 7 organizations, particularly at the Chamber, and we just had a 8 question there. The other question I would bring up for your 9 consideration is, according to a K.D.T. article, the proposed 10 7 and almost a half percent increase in the county's 11 insurance premiums through, I believe, TAC, if I'm not 12 incorrect there, is going to contribute to the increase in 13 taxes. I just would ask how long it's been since the County 14 has taken the -- or undertaken a proposal request -- a 15 request for proposal for other bids other than the TAC annual 16 renewal. Being in that business, I can tell you that this is 17 a very volatile situation from year to year, and I think it 18 behooves the county to do that on an annual basis, just in 19 terms of prudence for costs. 20 JUDGE POLLARD: That's a good suggestion. 21 MR. JONES: And those are the only comments I have. 22 COMMISSIONER BALDWIN: That's a good point, Ward. 23 JUDGE POLLARD: Anybody else? Diane, do you want 24 to say anything? Nobody else wants to speak? All right, 25 then the public hearing is now closed. 8-24-15 50 1 (The public hearing was concluded at 10:06 a.m., and the regular Commissioners Court meeting was 2 reopened.) 3 - - - - - - - - - - 4 JUDGE POLLARD: That completes Item 1.17. Let's go 5 to Item 1.19; consider, discuss, and take appropriate action 6 on road and right-of-way improvement plan on section of 7 Hermann Sons Road. Commissioner Letz. 8 COMMISSIONER LETZ: Charlie? Do you want me to do 9 this, or do you want to do it? 10 MR. HASTINGS: We also have John Hewitt here. 11 COMMISSIONER LETZ: Let me introduce it. What it 12 is, there's a -- for those familiar with Hermann Sons Road, 13 you cross the new bridge over the Guadalupe River, and it 14 goes straight away. That right-of-way is fairly narrow, and 15 then it makes almost a 90-degree turn to the left, and there 16 have been quite a few accidents at that corner. The owner of 17 that property, Mr. Underwood, approached me originally, 18 and -- well, two things. One, he was concerned about that 19 intersection or that corner, and also there is currently a 20 cattle underpass under the road that he wanted to enlarge so 21 that he could get a -- like, a Polaris or one of the ATV's 22 through it. He said maybe a small truck, even, because he 23 has property on both sides of the road, and wanted to do it. 24 In my first meeting with him, I said, "We certainly would 25 like to work with you on the right-of-way width in this area 8-24-15 51 1 and on that corner." And I did not see a problem with him 2 paying for a new underpass. And that's kind of where that 3 first conversation -- but then Charlie and I met with him 4 again. Charlie looked at it. I think Charlie recommended 5 that Mr. Underwood needs to hire an engineer to figure out 6 how to get the underpass portion, and Charlie would like to 7 look at the right-of-way portion, the corner portion, and 8 that's kind of where it was. He hired Mr. Hewitt to do the 9 underpass portion, and Charlie's looked at the right-of-way 10 portion. That's kind of where we are, so I'll turn it over 11 to you two to kind of -- what the solutions are. 12 JUDGE POLLARD: Does Mr. Underwood own on both 13 sides of the left hand turn? 14 COMMISSIONER LETZ: Yes. On -- yes, barely. He's 15 got both sides -- 16 JUDGE POLLARD: Might do an exchange there to try 17 to straighten that turn out. 18 MR. HASTINGS: That's exactly correct. I got with 19 Mr. Underwood and with Mr. Hewitt. We had a meeting the 20 other day, and we've looked at design standards and to see 21 what kind of a curve we could put in there and how it would 22 work. And I think you've got a drawing in your packet. It's 23 rough, but the idea that we're trying to get across today is 24 just the concept of -- he would like to install this culvert 25 under the road so that he could cross the road safely. And 8-24-15 52 1 in exchange, he would dedicate some right-of-way to us, 2 somewhere around 20, maybe 25 feet at the most, at the -- at 3 the middle of that curve, to allow us to put a different road 4 in there -- a different curve, one with a larger radius. And 5 in that concept, a part of that concept would be that we 6 would use Road and Bridge funds that we already have set 7 aside for right-of-way acquisition, surveying services. We 8 would hire a surveyor to finalize the -- the right -- the 9 additional right-of-way, and then he would dedicate that 10 right-of-way to us. And then at some point in the future, we 11 would build this curve as we have funds available. 12 COMMISSIONER LETZ: To me, it's a win-win. The 13 property owner's giving us right-of-way that the county needs 14 at no cost. He's putting in an underpass that he's paying 15 for 100 percent, and he's paying for re -- fixing the road 16 right there as well where he's putting the underpass under 17 the road. So, to me, it was a -- conceptually, it's a -- it 18 makes sense. It's good for the county, good for him. I'll 19 make a motion to approve the concept and authorize Road and 20 Bridge to work out the details and proceed with the project. 21 COMMISSIONER REEVES: I'll second. 22 JUDGE POLLARD: All right. You are you planning on 23 doing -- making -- straightening the road out at the same 24 time he does his work? 25 MR. HASTINGS: He would -- we would coordinate so 8-24-15 53 1 that it would work best. He's got to put in a bypass, and we 2 would want our work to come in behind him, as soon as his 3 bypass is -- 4 JUDGE POLLARD: All right. 5 MR. HASTINGS: -- is done. 6 JUDGE POLLARD: It's been moved and seconded that 7 we approve the concept. Is there any further discussion? 8 COMMISSIONER BALDWIN: I have a goofy question. Is 9 his bypass -- and you said maybe a small truck, but I can see 10 a four-wheeler type thing, and he wants to move his cows from 11 one side of the road to the other and to use that, and is 12 that like a concrete box? Is that what that is? 13 MR. HASTINGS: Yes. 14 MR. HEWITT: Like a cart path on a golf course, 15 just a concrete box to go over. 16 COMMISSIONER BALDWIN: Okay. All right, thank you. 17 COMMISSIONER LETZ: It's a -- it's a pretty 18 expensive project he's undertaking for it. But he has some 19 cattle, but I think probably the other reason is he has two 20 small kids, and he's scared to let them cross to get down to 21 the river, trying to get across the road. And that's -- I 22 think it's his children that he's doing it for. So, it 23 doesn't make any difference why he's doing it; he's willing 24 to pay for 100 percent of it. 25 COMMISSIONER BALDWIN: Fine with me. 8-24-15 54 1 JUDGE POLLARD: All right. Any further discussion? 2 COMMISSIONER LETZ: Do we -- is there any reason to 3 bring this back to the Court? I mean, it's -- I mean, I 4 don't see that there's a reason, but if we -- if anyone wants 5 us to bring it back at some point, we can. Mr. Hewitt's 6 designing the underpass. Charlie will approve that design, 7 and Charlie will work this into the Road and Bridge budget 8 process as he can. 9 MR. HASTINGS: I would -- just one thing would be 10 for the traffic -- an approved traffic control plan. Once 11 they have approved a drawing, they'll have to have a traffic 12 control plan in there as well, and it is going to -- people 13 that need to use that road are going to have to go around his 14 construction, and I would like to bring that back to the 15 Commissioners Court for the traffic control plan. 16 COMMISSIONER LETZ: Okay. 17 MR. HASTINGS: And a schedule. 18 COMMISSIONER BALDWIN: You're talking about 19 expending more funds or approving something? 20 COMMISSIONER LETZ: Yeah. 21 COMMISSIONER BALDWIN: Just -- yeah. 22 COMMISSIONER LETZ: And if you feel you need to 23 bring it back to us, certainly, bring it back. But I just -- 24 other than that, to me, we're good to go. 25 MR. HASTINGS: Okay, thank you. 8-24-15 55 1 JUDGE POLLARD: All right. Is there any further 2 discussion on the motion? There being none, those in favor, 3 signify by raising your right hand. 4 (The motion carried by unanimous vote, 4-0.) 5 JUDGE POLLARD: It's 4-0, unanimous. All right, 6 let's go to 1.20; consider, discuss, and take appropriate 7 action regarding interlocal agreement with City of Kerrville 8 for the Kerrville South wastewater system. Mr. Moser. 9 COMMISSIONER MOSER: Just to set this up, Judge -- 10 thank you. Phase 6 of the Kerrville South Wastewater System 11 is -- is in work, okay. The interlocal agreement has been 12 changed to reflect the work -- the scope of work to be 13 involved, which is primarily a big part of the connections 14 are in Precinct 1, in Commissioner Baldwin's precinct, to 15 hook up some apartments, and also we will hook up any 16 additional residents that we have flow capacity to do that. 17 The interlocal agreement has been reviewed by both the City 18 Attorney and the County Attorney, and so I move that we 19 approve this interlocal agreement and authorize the Judge to 20 sign, and send that over to the City. I think it's on their 21 agenda for tomorrow night. 22 COMMISSIONER BALDWIN: Second. 23 JUDGE POLLARD: Commissioner Baldwin approved it 24 too? 25 COMMISSIONER BALDWIN: Yes, sir. 8-24-15 56 1 JUDGE POLLARD: Okay. It's been moved and seconded 2 for approval of this, to proceed on this interlocal 3 agreement. Any further discussion? There being none -- 4 MAYOR PRATT: It's on our agenda for September. 5 JUDGE POLLARD: Yes, sir? 6 MAYOR PRATT: It's on our agenda for September, not 7 tomorrow night. 8 JUDGE POLLARD: Okay. All right. Any further 9 discussion? If not, those in favor, signify by raising your 10 right hand. 11 (The motion carried by unanimous vote, 4-0.) 12 JUDGE POLLARD: It's 4-0, unanimous. All right. 13 Let's go to 1.21; consider, discuss, and take appropriate 14 action to select a construction manager-at-risk process for 15 jail renovations and expansions, either the one- or two-step 16 selection process. Sheriff Hierholzer. 17 SHERIFF HIERHOLZER: I would defer this to Wayne 18 Gondeck, the county's architect hired for the project, and 19 let Wayne tell us -- 20 JUDGE POLLARD: All right. 21 SHERIFF HIERHOLZER: -- where we are on it. 22 MR. GONDECK: Judge, -- 23 JUDGE POLLARD: Morning. 24 MR. GONDECK: -- Commissioners, good morning. My 25 name is Wayne Gondeck with DRG Architects out of San Antonio. 8-24-15 57 1 This morning, as we move forward with the jail addition 2 renovation project, there will be a couple things, and 3 there's, I guess, two agenda items that we need to address, 4 and we can address those separately if you care to. Just to 5 briefly give you a synopsis of where we are, we are in the 6 design/development phase. We're nearing the completion of 7 the design/development phase on the project. That is where 8 we have engaged the mechanical, electrical, plumbing 9 engineers, the structural engineers, the civil engineers to 10 come in and help start defining all the systems for the 11 projects, and we're putting together a design development 12 package for presentation to Commissioners Court fairly soon 13 in an upcoming Commissioners Court meeting, whether it's in a 14 workshop or however we do that, to decide how we're going to 15 go forward with that. In that moving forward, we're getting 16 to the point where we need to discuss construction 17 delivery -- construction services delivery method. 18 As y'all are very familiar with most construction 19 projects of this type, you go out and issue a request for 20 bids, or -- on a project, and have a general contractor give 21 you a lump-sum bid, and take that -- the lowest and best bid 22 and go forward on the project. This jail project is a very 23 complex and multifaceted project, and will extend not only 24 with the new construction on the back end, and the addition 25 back in the east end of the facility, but also will have 8-24-15 58 1 multiple components over a longer period of time of interior 2 renovation -- of phased interior renovation, culminating in 3 a, you know, construction budget of somewhere around 4 $13 million. It's a lot of money, and it's a lot of work to 5 be accomplished. We have been effective in utilizing one of 6 the alternative construction delivery methods, which is the 7 construction manager-at-risk. Under the Government Code, 8 there's a statute that allows for multiple alternative 9 construction delivery methods. Not only competitive sealed 10 bids, competitive sealed proposals, construction manager 11 adviser, job order contracts, some other types of work, but 12 the construction manager-at-risk is something that we have 13 used quite extensively over the last 10 years on multiple 14 projects, and it's proven to be quite successful. 15 I would tell you also that we have only -- within 16 our projects, mostly county jail projects, have only utilized 17 the competitive sealed bid process really one time in the 18 last 10 years on a county project, and it has proven to be 19 very cumbersome, because you are throwing that out there to 20 where you have multiple general contractors bidding on the 21 same thing, utilizing the same subs, and many times the 22 county does not have any input on the selection of 23 subcontractors. With a construction manager-at-risk, the way 24 this is set up with the statute is the construction manager 25 must solicit for each and every sub-trade. So, the -- the 8-24-15 59 1 architect and the owner does have the ability to observe that 2 process, to see each and every one of those bids that are 3 coming in or proposals that are coming in, and to examine 4 those to determine in each of the sub packages -- sub-trade 5 packages, who is the best value for the county, whether that 6 be because of their proven work efforts previously with the 7 county, because of their previous qualifications with other 8 projects -- similar projects around the state. 9 To give you an example, since this is a jail 10 project, we're going to be very particular in looking at the 11 type of security systems and the type of detention materials 12 that are going into the project. We want to be specific on 13 the -- the contract or the subcontractors and sub-trades that 14 we will approve and accept on that project. We want to see 15 those before we move forward, and in a general construction 16 lump-sum bid, we don't always get the opportunity to see that 17 before we accept that and go forward. And we don't have as 18 much control over that as -- 19 COMMISSIONER MOSER: Let me ask you a question. 20 MR. GONDECK: Yes, sir? 21 COMMISSIONER MOSER: Why wouldn't that just be in 22 the specs on whatever -- the plumbing or whatever? 23 MR. GONDECK: Yeah, we have specs, and then equal 24 -- "or equal," it has to be. This is a public project, and 25 it has to be that they are proven equal. Now, there may be 8-24-15 60 1 some that are proven equal, but they may be not as available 2 here. The Sheriff operates 24/7, 365 days a year. When he 3 has an issue, we need to also look at some other things, at 4 our ability to respond. Many times the architect knows that 5 they are equal. The contractors don't always know that they 6 are equal, and they will take those bids, and some 7 subcontractors will bid it as equal, even without approval, 8 and submit those bids. What we're trying to do is open the 9 books on -- on this process, and it's been very successful, 10 and that's why it is authorized under statutes to do this. 11 It's not a guessing game. It's not -- we're not having to 12 guess, does the contractor -- have they selected everybody 13 that is pre-approved? Because, one, we do have a 14 pre-approval process within the specifications. Any 15 subcontractor or any material manufacturer can submit that to 16 the architect during that proposal process, and we will 17 review those and issue an addendum listing all those approved 18 products or manufacturers or contractors that are 19 trade-specific. They're also the approvals, you know, after 20 the project becomes more stringent as to why they would be 21 able to be accepted. 22 COMMISSIONER MOSER: So, Wayne, let me -- sorry to 23 interrupt you, but let me ask you another question. So, you 24 have the -- you can go the general contractor route, okay, -- 25 MR. GONDECK: Yes. 8-24-15 61 1 COMMISSIONER MOSER: -- and you can delineate 2 through specifications what you want each one of the 3 subcontractors to provide, okay. That's a -- that's an 4 approach, okay? 5 MR. GONDECK: Yes, sir. 6 COMMISSIONER MOSER: There's another approach 7 called manager-at-risk -- 8 MR. GONDECK: Construction manager-at-risk, yes, 9 sir. 10 COMMISSIONER MOSER: -- where there's not a general 11 contractor, correct? 12 MR. GONDECK: The construction manager-at-risk 13 serves as the general contractor. 14 COMMISSIONER MOSER: Okay. So, that's what I said, 15 okay. So I'm trying to -- 16 MR. GONDECK: Yes, sir. 17 COMMISSIONER MOSER: -- specify the two different 18 -- two different approaches. General contractor, you say, 19 "Okay, contractor, we've looked at all your contract -- 20 subcontract specifications; we agree you're going to use the 21 right kind of -- of all the plumbing and everything else 22 that's going to go in there, but it's your responsibility to 23 execute this construction in a timely way and within budget." 24 So, the manager-at-risk, you -- he's just really the general 25 contractor, correct? So, what's -- 8-24-15 62 1 MR. GONDECK: Yes, sir. 2 COMMISSIONER MOSER: What's the difference? 3 COMMISSIONER LETZ: Let me try to answer, and see 4 if I understand it. 5 COMMISSIONER MOSER: Okay. Thank you, Wayne. 6 COMMISSIONER LETZ: The -- there's two parts of it, 7 and I already forgot the first part I was going to tell you. 8 Part of this project is a remodeling project, which is hard 9 to bid. 10 COMMISSIONER MOSER: Right. 11 COMMISSIONER LETZ: So that part of it right there 12 kind of makes it where the conventional method makes it a lot 13 more difficult on the roofing and the air -- all -- 14 everything on the old jail. 15 COMMISSIONER MOSER: Right. 16 COMMISSIONER LETZ: The other part of it, as I 17 understand it, is that the conventional way, the contractor 18 hires all these subs. 19 COMMISSIONER MOSER: Right. 20 COMMISSIONER LETZ: And we really don't have -- 21 don't have input on those subs. And this method, we do have 22 input on the subs -- more input. And I think those are the 23 two big differences, to me. And I think that because of the 24 jail, and we're trying to integrate an existing jail into a 25 new jail, that it's very important for us -- really not that 8-24-15 63 1 important for us, but very important for the Sheriff to have 2 things that work together. 3 COMMISSIONER MOSER: Right. So, who's -- 4 MR. GONDECK: To go back to, really, your initial 5 question about the products, we're going to assure or insure 6 that you're going to get the right products. One method is 7 definitely more -- is messier and more difficult to insure 8 that. 9 COMMISSIONER MOSER: Right. 10 MR. GONDECK: And that is under general 11 construction, because it's not an open book like the 12 construction manager-at-risk. We are not -- and I'm saying 13 this collectively, but especially for the architect. We are 14 not as involved with the sub-trade bids under the general 15 construction. 16 COMMISSIONER MOSER: Mm-hmm. 17 MR. GONDECK: Under construction manager-at-risk, 18 we are very involved with that process down to the 19 sub-trades. 20 JUDGE POLLARD: "We" meaning the architect? 21 MR. GONDECK: "We" meaning the architect, but it's 22 open to representatives of Commissioners Court also. 23 COMMISSIONER MOSER: But the thing is, the 24 manager-at-risk, what risk does this entity have? 25 MR. GONDECK: The risk is that once we have gone 8-24-15 64 1 through this process, that they provide you with a guaranteed 2 maximum price. 3 COMMISSIONER MOSER: They guarantee that? 4 MR. GONDECK: Yes, sir. 5 COMMISSIONER MOSER: Okay. That's what I was 6 hoping for. 7 MR. GONDECK: They provide you a guaranteed price. 8 COMMISSIONER MOSER: Just like a general 9 contractor. 10 MR. GONDECK: Yes. So that is the risk, that 11 they've accepted that they have all the -- the I's dotted, 12 T's crossed, and they know that every sub-trade knows that 13 this is what they've accepted. 14 COMMISSIONER MOSER: So you're just going to 15 deliver the end results for -- for a guaranteed price. 16 Manager-at-risk does that? 17 MR. GONDECK: Correct. 18 COMMISSIONER MOSER: Okay. 19 MR. GONDECK: Correct. And, again, it's the 20 procurement process that's different. 21 COMMISSIONER MOSER: Sure. Right. 22 MR. GONDECK: The outcome is going to be basically 23 the same, and we are -- we're talking about how to make the 24 sausage here. Basically, instead of pan sausage, we're 25 talking about links, or vice-versa. 8-24-15 65 1 COMMISSIONER MOSER: So, you got more control over 2 the subcontractors, and I understand all the merits and so on 3 associated. Now, then, based on your experience also, what 4 -- what does it look like as far as the cost to the county, 5 okay, for a general contractor approach, less control, versus 6 the manager-at-risk approach? 7 MR. GONDECK: We have found that it's 8 really balanced out, because we have, again, the control over 9 the -- 10 COMMISSIONER MOSER: Okay. 11 MR. GONDECK: Also, there's a competitive nature to 12 the selection process for construction manager-at-risk that 13 does have -- 14 COMMISSIONER MOSER: Okay. 15 MR. GONDECK: -- a competitive component on the fee 16 structure. 17 COMMISSIONER MOSER: Right. So you don't see -- 18 you don't see a big difference potentially in total costs, 19 general contractor or manager-at-risk? 20 MR. GONDECK: No, sir. 21 COMMISSIONER MOSER: Okay. Thank you for being 22 patient with me. I understand all that. 23 MR. GONDECK: No, sir, and I want y'all to -- I 24 really do want you to understand that, -- 25 COMMISSIONER MOSER: Right. 8-24-15 66 1 MR. GONDECK: -- what we're asking for -- 2 COMMISSIONER MOSER: Okay. 3 MR. GONDECK: -- today. 4 COMMISSIONER LETZ: I have -- 5 JUDGE POLLARD: The Sheriff's been chomping at the 6 bit. What do you have to say? 7 COMMISSIONER LETZ: Let me ask a question first. 8 Is there a potential for savings with the construction 9 manager-at-risk? 10 MR. GONDECK: Yes, sir, there actually is, in that 11 once that guaranteed maximum price has been established -- 12 and typically, the way that we structure the contract, we 13 structure -- we don't structure anything when it comes to the 14 contract. We suggest some things. Your County Attorney will 15 structure the contract, preferably this way. Most of the 16 counties that have selected that any cost savings will go 17 back to the county, so that each of these line items that we 18 have for costs within the project -- you know, we do have 19 some allowances and some other things, but all the cost 20 centers, you know, we have the auditing capability; we've 21 looked at their books. If they don't spend as much on a line 22 item, you know, within a contract, that cost savings goes 23 back to the county. So, again, the construction manager is 24 your agent, again, just like the architect's working for you. 25 The construction manager is working for you to provide a 8-24-15 67 1 construction service. In other words, they're really 2 providing you a professional service of going out and 3 managing the project. So each of these -- these areas that 4 you will see as we're moving through the project that we can 5 go along and -- and for most of those, the project that we're 6 seeing, there has been a substantial savings that is -- is 7 refunded back to the county at the end of the job, or talking 8 about change orders. 9 COMMISSIONER LETZ: How's the construction manager 10 paid? 11 MR. GONDECK: By the county. 12 COMMISSIONER LETZ: I know by the county, but -- 13 MR. GONDECK: On a monthly basis. It's the same 14 type -- you would look at this as the same type of pay 15 application. From the very beginning, when they submit their 16 proposals, there's a fee structure -- a construction 17 management fee which is either based on a percentage or lump 18 sum. We typically ask for a lump-sum proposal, so for the 19 duration of the project, it's "X" number of dollars. We know 20 by the industry what that should generally fall into, but 21 there's a lump-sum fee, and then there's an amount for the 22 general conditions that goes into the contract. 23 JUDGE POLLARD: This person would not be on your 24 payroll? 25 MR. GONDECK: No, sir, they're not on my payroll. 8-24-15 68 1 I've got enough people on mine already. 2 JUDGE POLLARD: All right. Just memory-wise, is 3 that what Keith Longnecker did on the last jail, Sheriff? 4 SHERIFF HIERHOLZER: It may have been some. I 5 think they did a lot of the other route, though, but they may 6 have looked at some of it. Just real quick, my biggest 7 concern on this is we are running a maximum security 8 facility. We've got all kinds of inmates in there. This 9 is -- a major portion of this remodel is inside that 10 facility, okay? And it's going to have a lot of people 11 inside that facility while we're trying to run this maximum 12 security. The more say-so that we -- or me or whoever can 13 have to the people coming in and going out of that facility, 14 I think it could be worth millions, just on that itself, 15 because I've got to assure the security and the safe running 16 of that facility during this construction. So, if we had -- 17 if any of this gives us more say-so on who's going to be 18 performing that work in there than just hiring a general 19 contractor, and they can hire whoever they want, then I think 20 that's the route we have to go for the security of the 21 community. 22 COMMISSIONER MOSER: How does the manager-at-risk 23 -- you said he'll guarantee it, the delivery of completion of 24 the work per the specs, scheduling costs, et cetera. How do 25 they guarantee that? Are they bonded or what? 8-24-15 69 1 MR. GONDECK: Yes, sir. And you'll still have the 2 100 percent performance and payment bond, as you would under 3 general construction. 4 COMMISSIONER MOSER: Okay. That answers my 5 question, thanks. 6 MR. GONDECK: So you still are fully bonded on this 7 project. They do retain the bond. 8 COMMISSIONER MOSER: Okay. 9 MR. GONDECK: There is not -- and there is not any 10 more liability going onto the owner. And, please, I am not 11 tying to give the county any legal advice. I'm only speaking 12 to our understanding here as the architect. 13 COMMISSIONER MOSER: Okay, thanks. 14 MS. STEBBINS: You're more familiar with the 15 manager-at-risk than I am. 16 MR. GONDECK: So -- 17 JUDGE POLLARD: What's the down side of it? 18 MR. GONDECK: Well, the down side with any of these 19 is that we've got to select the right person or right 20 company. That's the down side in any construction services 21 procurement, is that we need to go through process, and the 22 best process that we can come up with to select the right 23 team, the right contractor, the right construction manager to 24 do the project. The statute -- and, Judge, that's really the 25 down side to this, is making sure that we can go through a 8-24-15 70 1 process that produces the right people for the -- this job. 2 And that's why, even when we go through a lot of paperwork 3 and everything else through our selection process, most of 4 the time the final portion of that is always to bring a group 5 of the construction managers back in front of Commissioners 6 Court and have them present their credentials to you, because 7 they're going to be working for you. 8 JUDGE POLLARD: Is there one or more that have done 9 this kind of work with your firm before? 10 MR. GONDECK: Yes, sir, there are. But, you know, 11 they have or have not -- you know, I even tell the guys that 12 have done work for us before, sometimes they're at a 13 disadvantage, because I never want any of them to feel too 14 comfortable that they have an inroad to the next job. That 15 kind of keeps them honest. This is just as y'all do to me 16 sometimes; you never want me to feel too comfortable about 17 any project. 18 COMMISSIONER LETZ: Wayne, what's the selection 19 criteria? 20 MR. GONDECK: Well, that's in y'all's packet. We 21 have a couple things here, and I'm going to look back at the 22 one-step process, 'cause this is where it's a little bit 23 dicey. But there's a portion in here, Selection Process 24 under 1.2.C, where it talks about, you know, how the actual 25 selection process goes. But then we go back farther into 8-24-15 71 1 here, and it actually gets into the evaluation criteria under 2 2.9.1. That's under Page 7, if y'all have it in your 3 packets. Here it is. And there's really two parts to that. 4 One, there's a part that deals with actual qualifications, 5 and then the second part that deals with cost evaluation on 6 their cost proposal. 7 Now, in the one-part process, we ask for the RFQ, 8 which is a request for qualification -- in the two-part 9 process, we ask for the request for qualifications first. 10 Then the statute allows us to narrow that down to five or 11 more -- five or less. Then we ask for a cost proposal. In 12 the one-step process, we ask for the RFQ and RFP together, so 13 we ask for that for the capability of the -- demonstrated 14 capability of the respondent to be able to perform the job. 15 In other words, we ask for specific things as far as previous 16 projects. You know, usually we're looking for jails. That 17 doesn't exclude the -- the construction manager. What we're 18 looking for, you know, whether that be jails, hospitals, 19 something of a nature that is very complex-type projects, we 20 also look for the type of projects or type of renovation type 21 of work, and those type projects that are of longer duration, 22 more complexity. 23 We're looking for somebody that has the 24 methodologies and technology as far as being able to schedule 25 things and be able to produce the reports and documents that 8-24-15 72 1 are necessary to keep up with $13 million worth of your -- 2 you know, dollars -- taxpayer dollars, and be able to produce 3 the documentation on that. We look also, if there's anybody 4 that has done previous work here locally, that -- you know, 5 satisfactorily, that -- you know, to us, that is a positive. 6 Working with the city on the permitting process and approvals 7 and that end, that is a plus. We look at also the references 8 from -- other written references from other public officials, 9 from other projects that were completed, their safety record. 10 That also just sort of shows their professionalism of the 11 project, and then the ability to complete the project on time 12 and within budget. So, that is really the qualifications, 13 and those are weighted a little bit differently here as far 14 as a point system. 15 COMMISSIONER LETZ: Wayne, a question I have with 16 the RFQ -- and I glanced through some of the handout. With 17 an RFQ, you can't talk about price, but what the guaranteed 18 maximum is is pretty important. So, how do you -- how do we 19 get past -- I mean, I think that everyone that submits a 20 bid -- or most of them are going to be qualified to do the 21 job. So, to me, a lot of it's going to come down to the 22 final -- the price, which is going to be when we can talk to 23 them about the guaranteed maximum that they're willing to 24 stand behind and what their fees are going to be. 25 COMMISSIONER MOSER: Well, that's in the RFP. 8-24-15 73 1 That's in the proposal. 2 MR. GONDECK: Typically, we -- and when I say "we," 3 I'm looking at this collective we; nobody else in my pocket. 4 But, typically, you're going to hire the construction manager 5 for both pre-construction services and for construction 6 delivery. On the pre-construction services, you're going to 7 be hiring them to look over the constructability of the job, 8 and hopefully do some value -- I hate that word, but value 9 engineering to the project to make sure we have the right 10 systems and everything, right products in there for the 11 construction of the building to get the best value price for 12 the county. We want their involvement before we put this 13 thing out on the street to make sure that we don't have 14 something oddball in there for the market right now. You 15 know, 'cause the market has changed. At one time, the best 16 thing to do was all precast inside and outside for walls in 17 jails. At one time it was all steel; another time it was 18 all, you know, concrete block. So, we need somebody that 19 knows about building stuff on a timely basis to understand, 20 you know, those items, to make sure that we've got the best 21 thing out there. 22 I really -- the gist of this, when we get to talk 23 about that, is that, one, we get to talk about what they are 24 going to charge us as far as fees up front, because we get 25 that in the proposal. We get to see that -- the general 8-24-15 74 1 conditions of where those are, and a listing of everything 2 that is included in and out of the general conditions, making 3 sure that we're satisfied with that. Everything else comes 4 out as a -- the actual sub-trades, and it comes down to, you 5 know, we have a budget that we're looking at, and we also 6 have a budget that we would like to come in under that 7 budget. 8 COMMISSIONER MOSER: So, Wayne, what you said was, 9 though, one approach is a request for qualifications, and you 10 can get up to five people qualified; then you get proposals 11 from those for the price and for the -- what they're going to 12 do and how they're going to execute it, right? 13 MR. GONDECK: Yes, sir. But what Commissioner Letz 14 is really getting to, the gist of his question is that, okay, 15 we have a $13 million budget. When are we going to know 16 where we stand within that budget in the G.M.P.? And the 17 real issue is -- is that it's going to be after we have 18 selected and hired a construction manager, brought them on 19 board and they're part of the team. But there's, as part of 20 this contract arrangement, Amendment Number 1 to the contract 21 which establishes a G.M.P., and that we do not accept that 22 G.M.P. until it's in the right place. But that is -- they 23 are working as part of the team to get that to the best 24 value, so we don't ever execute that. And if that doesn't 25 work, the -- the clause in the contract says they go away. 8-24-15 75 1 So, without getting into the -- any other, you know, 2 commitment to that -- the construction manager, if they can't 3 get it to the point where we get the best value, then we move 4 on to something else. And whether that's to select another 5 construction manager, or whether that's to go out for 6 competitive, sealed proposals, you know, that choice is still 7 open at that time. We are not stuck with taking a high price 8 and saying that's it. You know, I should have been from 9 Missouri, 'cause I'm going to want you to show me, why is 10 that price so high? 11 COMMISSIONER LETZ: When -- how long does the first 12 part of the process take? Okay, you mentioned part of the 13 process is you have part of the team; you hire a construction 14 manager as part of the team, and he -- and during that 15 process, we develop a guaranteed maximum price. How long 16 does that take to get to that point? 17 MR. GONDECK: Typically, that falls in the line of 18 the same thing as the bidding process that you normally have. 19 Because, you know, you'd have the -- that 30 to 45 days of 20 taking bids, and then -- 21 COMMISSIONER LETZ: Sorting through them. 22 MR. GONDECK: -- sorting through them and making a 23 decision. That -- getting to that point of the guaranteed 24 maximum price from the time that, you know, the documents are 25 ready for issuing to the time that we get that guaranteed 8-24-15 76 1 maximum price is about that same time. 2 COMMISSIONER LETZ: Okay. 3 MR. GONDECK: What we're trying to do here -- and 4 maybe I should back up a little bit. I would like to be able 5 to have at least the sub-trade bids, if at all possible, to 6 be able to go through that process before the end of the 7 year, mainly because we know historically there is always, at 8 least in some ways, an increase in price for commodities or 9 equipment at the first of the year and during that first 10 quarter. So, if we can do that before the end of the year 11 and receive pricing before the end of the year, then we can 12 get some better pricing, especially if they can get contracts 13 put together by then. So, if we can do that, that is of 14 benefit. That is one reason why I'm coming to you today and 15 asking, you know, that question, "Can we go with the one-step 16 instead of the two-step process?" Because it's shortening 17 the time frame to go forward. 18 So, I'm not only asking today about the 19 construction manager-at-risk. I'm also asking you about the 20 one-step versus two-step statutory process so we can condense 21 that and bring a construction manager on board quicker so 22 that they can get in some review before we issue these 23 things. Instead of, you know, the selection of somebody, you 24 know, at the end of November, we bring them on, and all of a 25 sudden we hear they really don't have time to get something 8-24-15 77 1 in place by the end of the year. 2 JUDGE POLLARD: All right, do you want to dance the 3 one-step or the two-step? (Laughter.) 4 SHERIFF HIERHOLZER: That's the next agenda item. 5 We have to approve this item first. The next one is the -- 6 which process. 7 COMMISSIONER LETZ: I make a motion that we select 8 the construction manager-at-risk process for the jail 9 renovation and expansion. 10 COMMISSIONER MOSER: I'll second that. 11 JUDGE POLLARD: All right. Is there any further 12 discussion as to that motion? There being none, those in 13 favor, signify by raising your right hand. 14 (The motion carried by unanimous vote, 4-0.) 15 JUDGE POLLARD: It's 4-0, unanimous. Whew. 16 MR. GONDECK: That wasn't a vote -- just as a point 17 of clarification, Judge, I do believe that 1.21 was making 18 the decision whether it was a one-step or a two-step process. 19 COMMISSIONER BALDWIN: Yeah. 20 COMMISSIONER LETZ: That it was a one-step process 21 was the intent of my motion. 22 SHERIFF HIERHOLZER: They actually put these on 23 backwards, yeah. 24 JUDGE POLLARD: All right. 1.22; consider, 25 discuss, and take appropriate action to issue RFP or RFQ's 8-24-15 78 1 using the approved construction manager-at-risk process for 2 the Kerr County jail addition and expansion project. 3 COMMISSIONER LETZ: Move approval. 4 COMMISSIONER MOSER: Second. 5 JUDGE POLLARD: Any further discussion? There 6 being none, those in favor, signify by raising your right 7 hand. 8 (The motion carried by unanimous vote, 4-0.) 9 JUDGE POLLARD: It's 4-0, unanimous. Thank you, 10 sir. 11 MR. GONDECK: Thank y'all. 12 COMMISSIONER LETZ: When will that be ready? 13 MR. GONDECK: Well, the draft is ready for review 14 by the County Attorney, and if she has no objection, we -- 15 SHERIFF HIERHOLZER: I just gave it to her. 16 MR. GONDECK: -- will pass it on to the County 17 Clerk, and it can be issued as soon as that can be -- 18 COMMISSIONER LETZ: Do you want to set the date 19 when the -- 20 MR. GONDECK: Right now, I do have a proposed 21 receipt date of December 25th for those. 22 COMMISSIONER REEVES: December? 23 COMMISSIONER LETZ: December? 24 MR. GONDECK: September, I'm sorry. 25 COMMISSIONER MOSER: I was going to say, I thought 8-24-15 79 1 we just did that so we could curtail it. 2 MR. GONDECK: I wasn't really going to receive it 3 on Christmas, was I? 4 COMMISSIONER BALDWIN: I'll meet you here. 5 COMMISSIONER LETZ: That's our second meeting of 6 September? 7 MR. GONDECK: Yeah. Actually, that's, I think, the 8 Friday before. 9 COMMISSIONER LETZ: Before that meeting. 10 MR. GONDECK: The Friday before, then to be opened 11 on... 12 COMMISSIONER MOSER: Okay. 13 JUDGE POLLARD: All right. 1.23; consider, 14 discuss, and take appropriate action to approve the 15 interlocal agreement between the County of Kerr and City of 16 Kerrville, Texas, providing for the housing of city 17 prisoners. Sheriff Hierholzer. 18 COMMISSIONER MOSER: Rusty, you're up. 19 SHERIFF HIERHOLZER: Oh, okay. All this is, we 20 have an interlocal agreement for housing city prisoners. 21 That's anybody charged with a Class C misdemeanor, prior to 22 the time that they see a judge. Once they see a judge -- 23 magistrate, then they become the liability and responsibility 24 of the county. So, what it normally means is -- or a city 25 ordinance. If a Class C misdemeanor arrest comes in at 8-24-15 80 1 night, until it -- if he comes in today, he's magistrated in 2 the morning, and so the City gets charged $45 a day for that. 3 After that, they become the County's liability, and nothing 4 else happens with the City. What the deal is, in looking at 5 the agreement -- the interlocal we did back in, I think, 6 2011, we had in there that it lasted and it expired in 2014 7 for some reason, okay? So, we noticed that and we said no, 8 it's got to be fixed. The only thing that we're changing in 9 the agreement is the expiration date. In other words, it 10 will be able to be terminated at either party's request, if 11 you look on about the third page, I think, down in there, 12 with 90 days notice, or at both parties' consensual request 13 at any time. And that's the whole change in this agreement. 14 Nothing else changes at all. That way it just continues an 15 actual agreement in effect. 16 COMMISSIONER BALDWIN: Where do you come up with 17 the $45? Is that -- 18 SHERIFF HIERHOLZER: That's what we did last time, 19 and that's about the average cost. It costs us about 40, 20 something like that, to house inmates a day, between 35 and 21 40, and that's pretty close. We're not -- it's just a 22 break-even on -- on keeping that where we're at. A lot of 23 counties are charging. Most counties are averaging right 24 now, on out-of-county housing or anything, $45 to $50 a day. 25 COMMISSIONER BALDWIN: What do you charge -- what 8-24-15 81 1 do we charge? 2 SHERIFF HIERHOLZER: We don't house out-of-county. 3 COMMISSIONER BALDWIN: Huh? 4 SHERIFF HIERHOLZER: We don't house out-of-county; 5 we don't have the room. 6 COMMISSIONER BALDWIN: But, I mean, if you did, 7 what -- I thought it was 55. 8 SHERIFF HIERHOLZER: No. When we did do it, which 9 has been well over a year, ago, two years ago now almost, it 10 was 45 a day. 11 COMMISSIONER BALDWIN: 45? 12 SHERIFF HIERHOLZER: Yeah. So we're not going to 13 get rich off the city, no. 14 COMMISSIONER BALDWIN: Darn. 15 COMMISSIONER LETZ: Question on something you said. 16 If they happen to stay in jail for an ordinance, -- which I 17 can't imagine, really, why they would, unless they had 18 something else outstanding -- they don't pay for that? 19 SHERIFF HIERHOLZER: Yes, city ordinance and Class 20 C misdemeanors. 21 COMMISSIONER LETZ: Okay. They pay for that the 22 whole time? 23 (Sheriff Hierholzer nodded.) 24 COMMISSIONER LETZ: Okay, that's what I thought you 25 said. 8-24-15 82 1 SHERIFF HIERHOLZER: No, city ordinances are 2 theirs, period. But, you know, all of those Class C's and 3 that normally get out the very next day. We don't house 4 Class C's long, but it's that day that they're in there. 5 COMMISSIONER LETZ: Move approval of the interlocal 6 agreement between Kerr County and City of Kerrville; 7 authorize County Judge to sign same. 8 COMMISSIONER REEVES: Second. 9 JUDGE POLLARD: Been moved and seconded for 10 approval of Item 1.23, which is the approval of the -- 11 really, extension of the interlocal agreement between the 12 County and City of Kerrville. 13 SHERIFF HIERHOLZER: This will -- just real quick, 14 this is -- I think it's their September agenda that it's on 15 for their approval at their Council meeting. 16 JUDGE POLLARD: Any further discussion? There 17 being none, those in favor, signify by raising your right 18 hand. 19 (The motion carried by unanimous vote, 4-0.) 20 JUDGE POLLARD: It's 4-0, unanimous. 1.24; 21 consider, discuss, and take appropriate action on filling 22 vacant, budgeted positions at the Juvenile Detention Center. 23 Mr. Davis. 24 MR. DAVIS: Good morning, Judge, Commissioners. 25 We've had two of our supervisors that have resigned and left 8-24-15 83 1 the facility within the last couple of weeks. What I would 2 like to do is move up two of our full-time employees to those 3 supervisor positions, move up two of our part-time employees 4 to full-time, and then hire two new part-time people. These 5 are all budgeted positions currently. We're just filling 6 holes and moving people up. 7 COMMISSIONER MOSER: So moved. 8 COMMISSIONER LETZ: Second. 9 JUDGE POLLARD: Mr. Davis, what was the reason 10 those two people left? 11 MR. DAVIS: Personal reasons, each of them. 12 JUDGE POLLARD: Personal reasons? 13 MR. DAVIS: And I can tell you that they're 14 excellent, excellent people; I hated to lose them. But for 15 HIPAA reasons, I can't discuss one of them. 16 JUDGE POLLARD: I understand. 17 MR. DAVIS: And then for the other one, there was 18 some personal stuff that I also hated to lose that 19 individual, 'cause both are fantastic. 20 COMMISSIONER BALDWIN: And then the folks that 21 you're moving up into those slots, I mean, you're obviously 22 confident that they're management-type folks? 23 MR. DAVIS: Yes, I am. We -- I mean, across the 24 board, the folks we have, I think that each of those 25 individuals have different skill sets, but I think that the 8-24-15 84 1 skill sets that may be lacking a little bit with one of the 2 employees, we can get there, and I know that Mr. Whiten feels 3 confident, as do I, that we can get him there. The other 4 individual, all around, he's a very good individual, and 5 he -- his performance has been very good. He's shown a lot 6 of ability, a lot of initiative, a lot of drive, and I think 7 that he will get the experience to where we need to be in 8 fairly quick order. 9 COMMISSIONER BALDWIN: And then the part-time folks 10 that are going to move into the full-time, for some reason, I 11 was thinking they were -- the part-time people were there -- 12 they were part-time by choice. 13 MR. DAVIS: We have a couple that are, and we have 14 -- and we also have about four right now that would like to 15 move into full-time at some point. 16 COMMISSIONER BALDWIN: Super fantastic. We owe the 17 entire economy to you. 18 JUDGE POLLARD: It's not low pay -- 19 MR. DAVIS: I saw the Dow this morning, sir; I 20 don't know that I want that responsibility. (Laughter.) 21 JUDGE POLLARD: What I was getting at is that it's 22 not that the pay's not sufficient to keep people there? 23 MR. DAVIS: That's not the concern in either of 24 these instances, no, sir, not at all. 25 JUDGE POLLARD: Okay. All right, thank you. Any 8-24-15 85 1 further discussion? There being none, those in favor of the 2 motion, signify by raising your right hand. 3 (The motion carried by unanimous vote, 4-0.) 4 JUDGE POLLARD: It's 4-0, unanimous. All right. 5 1.25; consider, discuss, and take appropriate action to 6 approve 2016 Sheriff's and constables' fees. Ms. Bolin? 7 COMMISSIONER BALDWIN: Nothing changed from last 8 year to this year? 9 MR. BOLLIER: Nothing changed, no, sir. 10 COMMISSIONER BALDWIN: Judge, I move for approval. 11 COMMISSIONER LETZ: Second. 12 JUDGE POLLARD: All right, it's been moved for 13 approval of Item 1.25, approving the Sheriff's and 14 constables' fees. Is there any further discussion? There 15 being none, those in favor, signify by raising your right 16 hand. 17 (The motion carried by unanimous vote, 4-0.) 18 JUDGE POLLARD: It's 4-0, unanimous. Thank you, 19 Ms. Bolin. 1.26; consider, discuss, and take appropriate 20 action to set a public hearing for the County Clerk's annual 21 records archival written plan for September 14, 2015, at 22 10 a.m. Ms. Bolin. 23 MS. BOLIN: Pretty self-explanatory. It's required 24 that we do this every year and the archival plan be approved 25 before budget, so we'd like to have that hearing September 8-24-15 86 1 14th. 2 COMMISSIONER REEVES: So moved. 3 COMMISSIONER BALDWIN: Second. 4 JUDGE POLLARD: Been moved and seconded for 5 approval of the archival -- County Clerk's archival written 6 plan for September 14, 2015, at 10 a.m. Is there any further 7 discussion? There being -- yes, sir? 8 COMMISSIONER BALDWIN: Is this the written plan 9 that -- 10 MS. BOLIN: Yes, sir. 11 COMMISSIONER BALDWIN: -- that we're referencing? 12 JUDGE POLLARD: Okay. Any further discussion? If 13 not, those in favor, signify by raising your right hand. 14 (The motion carried by unanimous vote, 4-0.) 15 JUDGE POLLARD: It's 4-0, unanimous. Almost got a 16 left hand. 17 COMMISSIONER MOSER: You almost did. 18 JUDGE POLLARD: And out of a U.T. grad. 19 COMMISSIONER MOSER: I know it. Sitting close to 20 an Aggie. 21 JUDGE POLLARD: Not even an Aggie. 22 COMMISSIONER MOSER: By osmosis, contaminated. 23 JUDGE POLLARD: All right. 1.28; consider, 24 discuss, and take appropriate action regarding possible sale 25 of real property. That's executive session. 8-24-15 87 1 COMMISSIONER MOSER: Two for executive session. 2 JUDGE POLLARD: All right. 1.29; consider, 3 discuss, and take appropriate action to approve the tower 4 lease agreement between West Central Wireless and Kerr County 5 for the tower located in Mountain Home. Sheriff Hierholzer. 6 SHERIFF HIERHOLZER: Yes. 7 COMMISSIONER BALDWIN: Everything through out 8 there? Everything's completed? 9 SHERIFF HIERHOLZER: No, they're still working. We 10 have a meeting tomorrow set up. They have the parts ordered 11 to fix that tower so we can keep moving, but all the other 12 tower stuff is -- most of it's been mounted on the tower, and 13 we're getting closer and closer. It's just getting that 14 remediation done so that it can be fixed. But the lease part 15 of it, as we said back then, if you look at it, it will be 16 $800 a month, $9,600 a year, with an increase of 2 percent 17 per year. And this lease has been reviewed by the County 18 Attorney, and just ask that we get the lease executed. 19 COMMISSIONER REEVES: Sheriff, when this is 20 completed, some of the problems we saw yesterday when we were 21 in the fire station, will some of that get corrected? 22 SHERIFF HIERHOLZER: I sure hope so. 23 COMMISSIONER REEVES: I move for approval. 24 COMMISSIONER LETZ: Second. 25 JUDGE POLLARD: It's been moved and seconded for 8-24-15 88 1 approval of that particular item, the lease with West -- West 2 Kerr Annex building -- 3 COMMISSIONER REEVES: No, West Central Wireless. 4 JUDGE POLLARD: Oh, is it 1.29? Yeah, West Central 5 Wireless and Kerr County. Any further discussion? 6 SHERIFF HIERHOLZER: And allow the Judge to sign 7 the same. 8 JUDGE POLLARD: Authorize the Judge to sign it, 9 okay. Those in favor of the motion, signify by raising your 10 right hand. 11 (The motion carried by unanimous vote, 4-0.) 12 JUDGE POLLARD: It's 4-0, unanimous. 1.30; conduct 13 a public hearing for the District Clerk's written archival 14 plan in accordance with Section 51.317. Robbin Burlew. 15 MS. BURLEW: Yes, sir. I'm requesting that we 16 conduct a public hearing on September the 14th at 10:15 for 17 the written archival plan for the District Clerk's Office. 18 JUDGE POLLARD: Okay. Is there a motion? 19 COMMISSIONER LETZ: So moved. 20 COMMISSIONER REEVES: Second. 21 JUDGE POLLARD: Been moved and seconded that you -- 22 the District Clerk have a public hearing on her archival plan 23 on the date indicated. Any further discussion? There being 24 no discussion, those in favor, signify by raising your right 25 hand. Did you raise your right hand? 8-24-15 89 1 COMMISSIONER BALDWIN: Yes. 2 (The motion carried by unanimous vote, 4-0.) 3 JUDGE POLLARD: 4-0, unanimous. That's 1.30. All 4 right, let's go ahead and talk about paying bills. Then 5 we'll go into executive session after that. Yes, ma'am? 6 COMMISSIONER BALDWIN: Judge, I'd like to make a 7 motion that we pay our bills. 8 JUDGE POLLARD: Okay. 9 COMMISSIONER LETZ: Second. 10 JUDGE POLLARD: Been moved and seconded that we pay 11 the bills as submitted. Any further discussion or questions? 12 COMMISSIONER BALDWIN: Seems like they're all 13 attorneys. (Laughter.) I mean, I'm not knocking it. It's 14 just -- 15 JUDGE POLLARD: A subject near and dear to my 16 heart. 17 COMMISSIONER BALDWIN: -- a whole bunch of pages of 18 lawyers. 19 COMMISSIONER MOSER: Wonder if they can go to the 20 food bank. 21 COMMISSIONER BALDWIN: They could. 22 JUDGE POLLARD: All right. Those in favor of the 23 motion, signify by raising your right hand. 24 (The motion carried by unanimous vote, 4-0.) 25 JUDGE POLLARD: You raised your right hand? 8-24-15 90 1 COMMISSIONER BALDWIN: Yes, sir. 2 JUDGE POLLARD: All right. On behalf of the 3 attorneys, I thank you. Okay, 4.2, budget amendments. 4 MR. ROBLES: There's 29 of them today. 5 JUDGE POLLARD: Pardon? 6 MR. ROBLES: 29. 7 MS. DOSS: 29. 8 JUDGE POLLARD: Any questions or comments? 9 COMMISSIONER BALDWIN: I haven't looked at them. 10 Let's see. Is there anything alarming? 11 COMMISSIONER LETZ: Most of them are pretty small. 12 COMMISSIONER MOSER: Yep, they're small. 13 COMMISSIONER LETZ: Just changing -- 14 MS. DOSS: The end-of-the-year item transfers. 15 COMMISSIONER MOSER: Move for approval. 16 COMMISSIONER REEVES: Second. 17 JUDGE POLLARD: Been moved and seconded for 18 approval of all the budget amendments, all 29 of them. Any 19 further discussion? There being none, those in favor, 20 signify by raising your right hand. 21 (The motion carried by unanimous vote, 4-0.) 22 JUDGE POLLARD: It's 4-0, unanimous. Late bills? 23 MS. DOSS: None, sir. 24 JUDGE POLLARD: None? All right. Let's go to 4.4, 25 approve and accept monthly reports. 8-24-15 91 1 COMMISSIONER REEVES: Yes, sir, I have two. 2 Constable, Precinct 4, monthly report, July 2015; County 3 Treasurer, monthly report for 2015. Move to accept as 4 submitted. 5 JUDGE POLLARD: Is there a second? 6 COMMISSIONER LETZ: Second. 7 JUDGE POLLARD: Been moved and seconded that the 8 reports -- monthly reports as indicated be approved. Any 9 further discussion? There being none, those in favor, 10 signify by raising your right hand. 11 (The motion carried by unanimous vote, 4-0.) 12 JUDGE POLLARD: It's 4-0, unanimous. Reports from 13 Commissioners and liaison/committee assignments per 14 attachment. Anyone? 15 COMMISSIONER BALDWIN: Not I. 16 COMMISSIONER MOSER: No. 17 JUDGE POLLARD: No. Do you have any, Jon? 18 (Commissioner Letz shook his head.) 19 COMMISSIONER REEVES: I have a brief one. I don't 20 guess it falls under the liaison, because we don't have a 21 liaison for it. I've had a couple phone conversations with 22 Council member Stephen Fine. We'll know more tomorrow night, 23 but there is a possibility that the recycling trailer that 24 used to be at Hunt could be given to the County. It was 25 given to the City through AACOG. They've got to get some 8-24-15 92 1 logistics worked out, but it is possible we could get that, 2 so we could place it in each of our precincts. I'll know 3 more after tomorrow night. 4 COMMISSIONER MOSER: Just move it around? 5 COMMISSIONER REEVES: Move it around. It would be 6 something good for everybody involved with the recycling, and 7 maybe take care of some of the concerns our citizens have. 8 COMMISSIONER LETZ: I think probably what makes the 9 most sense, in my mind, is for you to move it around to 10 Center Point and to Ingram. I don't know -- in my precinct, 11 I mean, there's really not a spot, and Commissioner 1 -- 12 unless you want to put it in Kerrville South somewhere. 13 COMMISSIONER BALDWIN: I wanted -- I think it's a 14 good idea, but I wanted to say that I actually used the 15 service between Kerrville and Ingram, -- 16 COMMISSIONER REEVES: Scrap Solutions. 17 COMMISSIONER BALDWIN: -- Scrap Solutions, the 18 other day, you know, for my personal stuff, and that was a -- 19 that's the slickest move in town. Drive up there, and the 20 guy unloads it, puts it in the right bins, and you drive off. 21 It doesn't get any better. 22 COMMISSIONER MOSER: Do they accept glass? 23 COMMISSIONER BALDWIN: Nay. 24 COMMISSIONER REEVES: They're working on a vendor 25 to accept it. They have not yet. 8-24-15 93 1 COMMISSIONER MOSER: Okay. 2 COMMISSIONER REEVES: We can work the logistics 3 out. And I don't want to cross any bridges till we get 4 there, but I just wanted to report in case somebody sees it 5 in tomorrow night's agenda. I didn't place it on the agenda 6 till -- I wanted to make sure they were going to offer 7 something, and it looks very positive, and I'll report back 8 to the Court. 9 JUDGE POLLARD: We'll address, then, the labor 10 portion of it, who's going to move it around. 11 COMMISSIONER REEVES: I think we can figure out 12 something between our Maintenance staff and Road and Bridge 13 that are covering the different ends of the county anyway, 14 and we could figure a way, when it happens, how to make it 15 work. Anything we can do to help with the recycling, I think 16 we should look at. 17 COMMISSIONER BALDWIN: Maybe they could pick up 18 dead animals. (Laughter.) 19 JUDGE POLLARD: Yeah. 20 COMMISSIONER REEVES: I think that's a different -- 21 that's a rendering process, not a recycling. (Laughter.) I 22 think we can work all the logistics out. Let's see what 23 happens after tomorrow. 24 JUDGE POLLARD: Yeah. 25 COMMISSIONER MOSER: There is no -- this is just -- 8-24-15 94 1 COMMISSIONER REEVES: No action, just a report. 2 JUDGE POLLARD: All right. Anything else on that 3 Item 5.1 from anybody? All right. 5.2; reports from elected 4 officials/department heads. Anybody? 5 SHERIFF HIERHOLZER: Just to keep the firefighters 6 in our prayers. 7 COMMISSIONER REEVES: Yes. 8 COMMISSIONER BALDWIN: Absolutely. 9 COMMISSIONER REEVES: Any update, Sheriff? 10 SHERIFF HIERHOLZER: Not yet. 11 COMMISSIONER REEVES: No news is good news, I take 12 it. 13 JUDGE POLLARD: Reports from boards, commissions, 14 and committees? None. City/County joint projects or 15 operations reports? All right. Any other reports of any 16 kind? 17 SHERIFF HIERHOLZER: Only one other thing, is my 18 chief deputy became a grandpa a few minutes ago while we were 19 sitting here. 20 COMMISSIONER BALDWIN: Yeah, we're trying to name 21 him right now. 22 SHERIFF HIERHOLZER: He came up with some weird 23 name, I just saw. 24 COMMISSIONER BALDWIN: Gus. 25 COMMISSIONER LETZ: Great name. 8-24-15 95 1 COMMISSIONER BALDWIN: Got another Gus. 2 COMMISSIONER LETZ: Great name. 3 JUDGE POLLARD: Gus Barton. 4 COMMISSIONER BALDWIN: Yeah, August Barton. 5 JUDGE POLLARD: Augustus. Got to get him a tall 6 hat. 7 COMMISSIONER BALDWIN: He's got a Gus and I've got 8 a Gus. 9 SHERIFF HIERHOLZER: Congratulations to his 10 daughter. 11 JUDGE POLLARD: Yeah. Okay, we're going to go into 12 closed session at this time. 13 (The open session was closed at 11:04 a.m., and an executive session was held, the transcript of which 14 is contained in a separate document.) 15 - - - - - - - - - - 16 (Open session resumed at 11:22 a.m.) 17 COMMISSIONER REEVES: We're back in? 18 JUDGE POLLARD: We're back in open session now. 19 COMMISSIONER REEVES: I would like to make a motion 20 to get with the County Attorney, and we -- or authorize the 21 County Attorney to draw up a lease for renewing the West Kerr 22 Annex building in Ingram, Texas, for a period of five years, 23 with the lease amount as previously offered, if available; 24 $1,200, with increments of increases throughout the five-year 25 lease to a maximum of $1,500. 8-24-15 96 1 COMMISSIONER LETZ: Second. 2 JUDGE POLLARD: Been moved and seconded as stated. 3 Any further discussion? There being none, those in favor, 4 signify by raising your right hand. 5 (The motion carried by unanimous vote, 4-0.) 6 JUDGE POLLARD: 4-0, thank you. And I think that's 7 all we have for open session; is that correct? 8 COMMISSIONER REEVES: No action on the other item. 9 JUDGE POLLARD: Yeah, all right. We're adjourned. 10 Thank you. 11 (Commissioners Court adjourned at 11:23 a.m.) 12 - - - - - - - - - - 13 14 STATE OF TEXAS | 15 COUNTY OF KERR | 16 The above and foregoing is a true and complete 17 transcription of my stenotype notes taken in my capacity as 18 official reporter for the Commissioners Court of Kerr County, 19 Texas, at the time and place heretofore set forth. 20 DATED at Kerrville, Texas, this 26th day of August, 21 2015. 22 23 REBECCA BOLIN, Kerr County Clerk 24 BY: _________________________________ Kathy Banik, Deputy County Clerk 25 Certified Shorthand Reporter 8-24-15