1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, March 13, 2017 6 9:00 a.m. 7 Commissioners' Courtroom 8 Kerr County Courthouse 9 Kerrville, Texas 78028 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PRESENT: HARLEY BELEW, Commissioner Pct. 1 TOM MOSER, Commissioner Pct. 2 24 JONATHAN LETZ, Commissioner Pct. 3 BOB REEVES, Commissioner Pct. 4 25 2 1 I-N-D-E-X 2 NO. PAGE 3 *** Visitor's Input. 5 4 *** Commissioners' Comments. 6 5 1.1 Consider, discuss and take appropriate 7 action to hire a bookkeeper at 19.2. 6 1.2 Consider, discuss and take appropriate 8 7 action for the court to set a Public Hearing for 9:00 a.m. on April 24, 2017 8 for the revision of plat for Lots 16W2-R and 16W3-R of Spicer Ranch No. 3, 9 Volume 3, page 85, Pct. 1. 10 1.3 Consider, discuss and take appropriate 9 action for the court to set a Public 11 Hearing for 9:10 a.m. on April 24, 2017 for the revision of plat for Lots 1, 2, 12 3 and 4 of Vista Hills, Volume 5, Page 325, Pct. 1. 13 1.5 Consider, discuss and take appropriate 11 14 action to rescind Court Order #33434 allowing Commissioner Baldwin to act as 15 the Agent on behalf of Kerr County for actions authorized by the Commissioners' 16 Court and appoint Commissioner Letz as the new Acting Agent. 17 1.6 Consider, discuss and take appropriate 12 18 action to approve the Engagement Letter and the Business Associate Agreement 19 under the Shared Services arrangement provided by Gabriel Roeder Smith & Company 20 (GRS) and the North Central Texas Council of Governments (NCTCOG) for Actuarial 21 Valuation Services in compliance with GASB 45 and 43 to establish the liability 22 for other post-employment benefits (OPEB). the Engagement Letter is for the December 31, 23 2016 valuation report for the fiscal year ending September 30, 2017. The cost will be 24 $4,765.00 which is $1,095.00 less than the December 31, 2014 engagement cost of 25 $5,860.00. 3 1 I-N-D-E-X 2 NO. PAGE 3 1.7 Consider, discuss and take appropriate 15 action to appoint a member to Emergency 4 Services District #1 (ESD #1). 5 1.8 Consider, discuss and take appropriate 16 action to rescind part of Court Order 6 #28568 concerning the naming of Dorado Lane. 7 1.9 Consider, discuss and take appropriate 18 action to publish a Request for Proposal 8 (RFP) concerning administrative services for the Center Point/East Kerr County 9 Wastewater Project. 10 1.10 Consider, discuss and take appropriate 21 action to publish Request for Proposal 11 (RFP) concerning inspection services for the Center Point/East Kerr County 12 Wastewater Project. 13 1.11 Consider, discuss and take appropriate 23 action to appoint DRG Architects and Huser 14 Construction Company to develop a Scope of Work for repairs to jail and Sheriff's 15 Office caused from fire on January 10, 2017; reference Court Order #36021. 16 4.1 Pay bills. 31 17 4.2 Budget Amendments. 32 18 4.3 Late Bills. 32 19 4.4 Approve and accept Monthly Reports. 33 20 4.5 Auditor Reports. 34 21 5.1 Reports from Commissioners/Liaison 34 22 Committee Assignments as per attachment. 23 5.2 Reports from Elected Officials/Department 34 Heads. 24 25 4 1 I-N-D-E-X 2 NO. PAGE 3 5.3 Reports from Boards, Commissions and 34 Committees. 4 a). City/County Joint Projects or Operations Reports 5 b). Other 6 *** Adjournment. 34 7 *** Reporter's Certificate. 35 8 * * * * * * 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 1 COMMISSIONER LETZ: All right, good morning. 2 Call to order Commissioners' Court March 13th, 2017. 3 Start with our prayer and pledge, Commissioner Moser. 4 COMMISSIONER MOSER: Thank you. If you'll 5 all pray with me, please. 6 (Prayer and Pledge of Allegiance.) 7 COMMISSIONER LETZ: All right. The first 8 item on the agenda will be visitor's input for citizens 9 wishing to speak on items not listed on the regular 10 agenda. 11 MS. LEITNER: Good morning. I was here 12 about, I think, six weeks ago inquiring about premises 13 of the courthouse putting on our show. And I was told 14 it would be about six weeks or so before you guys would 15 be able to come up with an agreement or contract, and so 16 I'm trying to inquire about the status on that. 17 COMMISSIONER LETZ: It'll be on our next 18 agenda, I believe something related to that. 19 MS. LEITNER: You did? 20 COMMISSIONER LETZ: No; on our next agenda. 21 COMMISSIONER MOSER: Two weeks. 22 MS. LEITNER: In two weeks, okay. All 23 right. Okay, I just wanted to check on that. Thank 24 you. 25 MR. BELEW: Thank you. 6 1 COMMISSIONER LETZ: Anybody else? If not, 2 we go to Commissioners' comments. Commissioner 1. 3 COMMISSIONER BELEW: I don't have any. 4 COMMISSIONER MOSER: Will pass. 5 COMMISSIONER REEVES: Just one thing. It's 6 really not affecting us directly on Kerr County's level, 7 but I think our friends and neighbors up in the Pan 8 Handle should be in the thoughts after the devastating 9 fires that have been going on up there, and yet I 10 believe one shout out to a Craig Leonard, he lives out 11 in Commissioner Moser's Precinct, he's an AG teacher 12 there in Boerne. He got together with his students 13 with donations, and a pretty good size load of hay, and 14 took it up there over the weekend. Everybody is doing 15 their part on it, but they need to stay in our prayers. 16 COMMISSIONER LETZ: Well, ditto to those 17 comments. I think those were 250,000 acres were burned 18 and some entire ranches. I know that there was a -- as 19 sad as it is, there's another Board that I sit on, a 20 comment was made by one of our members or directors 21 that he ran out of ammunition shooting his cattle, they 22 were burned so bad. There were just hundreds and 23 hundreds, and probably tens of thousands of cattle, and 24 other animals, livestock. Several -- the last I heard 25 four lives have been lost. It really is a terrible 7 1 situation. Those fires they got going, I guess, they 2 just took everything in about three counties. 3 Judge Pollard, our understanding is he will 4 be back next week. He is going to the week off, which 5 is certainly understandable, but I think he plans to be 6 back at the office next week. 7 We'll move on through the agenda item 1.1 8 consider, discuss and take appropriate action to hire a 9 bookkeeper at 19.2. Miss Bolin. 10 MS. DIANE BOLIN: Good morning. 11 Unfortunately I had to let the bookkeeper I had go, and 12 I've hired a bookkeeper that was my previous bookkeeper, 13 so she comes in with many years of experience. She will 14 have -- she requires no training, so I'd like to bring 15 her in at what she left at which is 19.2. 16 COMMISSIONER REEVES: Is this within our 17 policy for hiring? 18 MS. DIANE BOLIN: We can go to a 19.2, we've 19 done that before; we've never gone above that. 20 COMMISSIONER REEVES: But it is within your 21 policy. 22 MS. DIANE BOLIN: Uh-huh. 23 COMMISSIONER LETZ: Do we have a motion? 24 COMMISSIONER BELEW: I'll make a motion. 25 COMMISSIONER REEVES: I'll second it. 8 1 COMMISSIONER LETZ: A motion from 2 Commissioner 1, second from Commissioner 4 to authorize 3 Diane Bolin to hire a bookkeeper at 19.2. 4 MRS. DOSS: Is that effective today? 5 MS. DIANE BOLIN: It's effective today, 6 please. 7 COMMISSIONER LETZ: Effective today. Is 8 that okay? 9 COMMISSIONER REEVES: That's fine with me. 10 COMMISSIONER LETZ: Any further discussion? 11 All in favor raise your right hand. Opposed. It's 12 unanimous. 13 MS. DIANE BOLIN: Thank you, gentlemen. 14 Thanks, Brenda. 15 COMMISSIONER LETZ: Item 1.2 consider, 16 discuss and take appropriate action for the Court to set 17 a public hearing for 9 a.m. on April 24th, 2017 for the 18 revision of plat for lots 16W2-R, and 16W3-R of Spicer 19 Ranch No. 3, volume 3, page 85, Precinct 1. Mr. Gore. 20 MR. GORE: The owner of both lots 16W2 and 21 16W3, which is 6.72 and 7.76 acres respectively, total 22 of 14.48 acres, wishes adjust the lot line between the 23 two lots to follow an existing fence line as depicted on 24 the image below, which is in your packets. 25 The proposed lots 16W2-R and 16W3-R will 9 1 become 4.53 and 8.99 acres respectively, total 13.52 2 acres, which is less than the original plat due to land 3 conveyed to the State of Texas for highway purposes by 4 James Spicer in volume 69, page 96. And a note has been 5 placed on the plat that no more than one single family 6 detached dwelling shall be located on lot 16W2-R, in 7 conformance with Kerr County subdivision regulations 8 since this lot is five or less acres. The lots are not 9 in the floodplain, they're in Zone X. 10 The County Engineer requests the Court set a 11 public hearing for 9 a.m. on April 24th, 2017 for the 12 revision of plat for lots 16W2 and 16W3 of 13 Spicer Ranch No. 3, volume 3, page 85, Precinct 1. 14 COMMISSIONER LETZ: Motion? 15 COMMISSIONER BELEW: I'll make a motion. 16 COMMISSIONER MOSER: Second. 17 COMMISSIONER LETZ: Motion from Commissioner 18 1, second Commissioner Precinct 2 to approve the agenda 19 item as written. Any further discussion? All in favor 20 say aye, or hand or something, something affirmative. 21 Passes unanimously. 22 Item 1.3 consider, discuss and take 23 appropriate action for the Court to set a public hearing 24 for 9:10 a.m. on April 24th, 2017 for the revision of 25 plats for lots 1, 2, 3, and 4 of Vista Hills, volume 5, 10 1 page 325 in Precinct 1. 2 MR. GORE: The owner of Lots 1, 2, 3, and 4, 3 which is 2.0, 3.4, 2.48, and 2.02 acres respectively, 4 wishes to adjust the lot lines thus making lots 2 and 3 5 bigger to accommodate the steep terrain as depicted on 6 the image below, which is in your packet. After 7 adjustments, the lots will range from 1.07 to 3.89 8 acres. All lots will be served by a community water 9 system and OSSF. 10 A note has been placed on the plat that no 11 more than one single family detached dwelling shall be 12 located on any lot, in conformance with Kerr County 13 subdivision regulations, since all lots will be five or 14 less acres. The lots are not in the floodplain. The 15 lots are within Kerrville's ETJ, which is a high density 16 development area, and the revision of plat is being 17 considered for approval by Kerrville and Kerr County 18 simultaneously. 19 The County Engineer requests the Court set a 20 public hearing for 9:10 a.m. on April 24th, 2017 for the 21 revision of plat for Lots 1, 2, 3, and 4 of Vista Hills, 22 Volume 5, page 325, Precinct 1. 23 COMMISSIONER BELEW: I make a motion. 24 COMMISSIONER REEVES: Second. 25 COMMISSIONER LETZ: Motion from Mr. Belew, 11 1 second from Mr. Reeves, to approve agenda item 1.3 as 2 written. Any further discussion? All in favor raise 3 your right hand. No opposed, it's unanimous. 4 Item 1.4, we're going to pass on at this 5 time. 6 Item 1.5 consider, discuss and take 7 appropriate action to rescind court order 33434 8 allowing Commissioner Baldwin to act as the agent on 9 behalf of Kerr County for actions authorized by the 10 Commissioners' Court, and appoint Commissioner Letz as 11 the new acting agent. What that court order that's in 12 the backup, this is little bit of brief history on it. 13 We have felt that for sometime it's advisable to have 14 two people on the Court that can sign for the contract. 15 So sort of it's been the senior Commissioner which has 16 been Commissioner Baldwin. And that court order does 17 enter itself as that, and the new court order would be 18 to designate myself as the other individual in the Court 19 that can act on behalf of the County in the absence of 20 the County Judge. 21 COMMISSIONER MOSER: I so move with a 22 comment. We do authorize that each time, the approval 23 of a Judge or whomever to sign, so this is just as a -- 24 in case that that is not -- 25 COMMISSIONER LETZ: In case it is not. 12 1 There is also other paperwork that comes in related to 2 contracts and other things that they need to be signed, 3 and generally, you know, it's been used very sparingly, 4 but in case there is something that comes in, especially 5 with the number of grants and things that we have. 6 COMMISSIONER MOSER: Move for approval. 7 COMMISSIONER BELEW: Second. 8 COMMISSIONER LETZ: Motion from Commissioner 9 Moser, second from Commissioner Belew to approve the 10 agenda item 1.5 as written. Further discussion? 11 COMMISSIONER REEVES: Just a comment that as 12 you were saying, this is something so the County can 13 continue to conduct business, and authorize contracts as 14 needed, that we're not stuck without a way to do it 15 so -- 16 COMMISSIONER LETZ: And like I said used 17 very sparingly, and just a matter to have someone that 18 can do it regarding some situations that develops in the 19 future. 20 All in favor raise your right hand. Any 21 opposed? Unanimous. 22 Item 1.6 consider, discuss and take 23 appropriate action to approve the Engagement Letter and 24 the Business Associate Agreement under the Shared 25 Services arrangement provided by Gabriel Roeder Smith & 13 1 Company (GRS) and the North Central Texas Council of 2 Governments (NCTCOG) for Actuarial Valuation Services in 3 compliance with GASB 45 and 43 to establish the 4 liability for other post-employment benefits (OPEB). 5 The Engagement Letter is for the December 31, 2016 6 valuation report for the fiscal year ending September 7 30, 2017. The cost will be $4,765.00 which is $1,095.00 8 less than the December 31, 2014 engagement cost of 9 $5,860.00. Brenda, hope you can explain this. 10 MRS. DOSS: That was really long. 11 Governmental accounting standards boards, or GASB, has a 12 statement number 45 and 43 that require an actuarial 13 calculated valuation for Kerr County's retiree health 14 insurance liability, which is also referred to as OPEB, 15 or other post-employment benefits. The valuation and 16 the dry calculations are then disclosed in our annual 17 audited financial statements as required by GASB. 18 We have a contract with this company that 19 expires September 30th, 2017. And at that point, 20 because now there's going to be a new GASB starting for 21 fiscal year starting 2018, at that point when the 22 contract expires then we'll have to of course look into 23 doing a new contract. But this is for the December 24 31st, 2016 period, which we will use for the fiscal year 25 2017 report. 14 1 COMMISSIONER MOSER: I have two questions, 2 Brenda. This is for post-employment benefits. 3 MRS. DOSS: Yes. Retiree health insurance 4 benefits, that's post employment. 5 COMMISSIONER MOSER: And this is a GASB 6 requirement? 7 MRS. DOSS: Yes. It's required that we have 8 to get this done every two years. 9 COMMISSIONER MOSER: Okay. And if we didn't 10 do that what would we all go to jail or what? 11 MRS. DOSS: No. We just wouldn't be able to 12 have audited financial statements, which would affect 13 our financial disclosures for our bonds. 14 COMMISSIONER MOSER: One of these things 15 that's imposed on us we have to do, so we don't have any 16 choice? 17 MRS. DOSS: Yes, Sir. 18 COMMISSIONER MOSER: And it's in the budget? 19 MRS. DOSS: Yes, Sir. And Heather -- the 20 County Attorney has reviewed the contracts. 21 COMMISSIONER MOSER: Move for approval. 22 COMMISSIONER REEVES: Second. 23 COMMISSIONER LETZ: A motion by Commissioner 24 Moser, second by Commissioner Reeves to approve the 25 agenda item 1.6 as written, and I'm not going to re read 15 1 it. Okay. Any further discussion? All in favor raise 2 your right hand. Unanimous. 3 1.7 consider, discuss and take appropriate 4 action to appoint a member to ESD, Emergency Services 5 District Number 1. 6 COMMISSIONER REEVES: I'll start it off. 7 And then I think Commissioner Belew can add to it, that 8 ESD Number 1 is the taxing district that funds Ingram 9 Voluntary Fire Department, it's located in parts of both 10 of our precincts, we've had a vacancy come up. The long 11 time president of the board had resigned, and 12 Commissioner Belew and I discussed it and I believe he 13 has come up with a name, so I'll let him present that. 14 COMMISSIONER BELEW: We contacted W. L. 15 Fleming, who said he would be happy to serve the 16 unfinished term, and see how it goes from there. And he 17 lives off Sheppard Rees Road, which is included in the 18 ESD 1. 19 COMMISSIONER REEVES: And his term would end 20 at the end of this calendar year. 21 COMMISSIONER BELEW: December 31st. 22 COMMISSIONER REEVES: That's your motion? 23 COMMISSIONER BELEW: Yes. I make a motion 24 that we accept W. L. Fleming as a replacement on the ESD 25 Board Number 1. 16 1 COMMISSIONER REEVES: I'll second that. 2 COMMISSIONER LETZ: Motion by Commissioner 3 Belew and seconded by Commissioner Reeves to appoint W. 4 L. Fleming to ESD Number 1 Board. Any further 5 discussion? All in favor raise your right hand. Any 6 opposed? Unanimous. 7 Item 1.8 consider, discuss and take 8 appropriate action to rescind part of Court Order 28568 9 concerning the naming of Dorado Lane. Court order 28568 10 passed in March of 2004, and changed the number of names 11 at that point, we were trying to get off of numbers and 12 trying to use names as much as possible. One of the 13 names changed was Dorado Lane, which is in my precinct. 14 As it turns out, the people that signed the application 15 did not have authority to name that road. They live in 16 the area, but they weren't the right people. The Dorado 17 family has quite a few different members. Anyway they 18 were not the correct ones. Some of the other ones now 19 object to the name. I've talked with Mark Del Toro at 20 length about this, I've talked with Charlie, and I guess 21 probably more Kelly about this at at length, and we 22 think the easiest and simplest way is to just rescind 23 our original name since it was done incorrectly based on 24 wrong information. And the families can try to work out 25 a new name if they so choose. So that is my motion to 17 1 rescind -- 2 COMMISSIONER BELEW: What happens in the 3 meantime if they get a 911 call? 4 COMMISSIONER LETZ: It will go back to being 5 a number that will be in the 911 system. It just won't 6 have a -- it'll have a -- what it was before, it was 7 1354 County Road, I guess, 1354. 8 COMMISSIONER MOSER: So do we have to change 9 it to that? 10 COMMISSIONER LETZ: I think if we rescind 11 the court order changing it, I think it'll go back to 12 that automatically. Mark's aware of this. I didn't see 13 any need for him to be here today, otherwise, he 14 certainly offered to. 15 So my motion would be that we rescind Court 16 Order 28568 as it names Dorado Road North and the name 17 will go back to being County Road 1354. 18 COMMISSIONER BELEW: I'll second. 19 COMMISSIONER LETZ: Motion from Commissioner 20 Letz, second by Commissioner Belew to rescind court 21 order 28568, as it affects the name of road of Dorado 22 Road North, and will go back to the existing name at 23 that time, which was county road 1354. Is there any 24 further discussion? If not, everyone in favor raise 25 your right hand please. It passes unanimously. 18 1 Item 1.9 consider, discuss and take 2 appropriate action to publish a request for proposal 3 concerning administrative services for the Center 4 Point/East Kerr County Wastewater Project. 5 I think copies of the contract have been 6 provided to the Court. At this time what we're looking 7 for is a -- to approve the form of it, and then 8 authorize the County Attorney, myself and Commissioner 9 Moser to finalize the -- you know, if you put the dates 10 in and things of that nature. We're trying to 11 coordinate this item and the next item, both of them 12 relate to the Center Point/East Kerr Wastewater Project. 13 That's kind of where we are on it right now. This is to 14 either budget the funds so it will come out of the 15 grant, but at this point it's just to go out for the -- 16 we have received input from people that helped us with 17 this RFP so we think it's pretty accurate. 18 COMMISSIONER MOSER: Just for the record, 19 it's backup for the RFP; not for the contract. 20 COMMISSIONER LETZ: Right it's for the RFP. 21 COMMISSIONER MOSER: Right, request for 22 proposal. 23 COMMISSIONER LETZ: Right. 24 COMMISSIONER MOSER: I just would comment on 25 this, this is for administrative services. And this is 19 1 the same type of thing they used in Kerrville South, 2 which we had a contract with GrantWorks in that case. 3 And we don't know who this will be, but it was extremely 4 important to the County to have somebody keep us in line 5 with all the requirements, in Davis Bacon requirements. 6 It's just a huge amount of paperwork. But anyway this 7 is the best way to do it, so I make a motion that we 8 approve the request submitting a request for proposal. 9 COMMISSIONER LETZ: To approve the 10 template -- 11 COMMISSIONER MOSER: Right. 12 COMMISSIONER LETZ: -- and authorize the 13 three of us, yourself, myself and County Attorney to 14 approve the final. 15 COMMISSIONER MOSER: Correct. 16 COMMISSIONER REEVES: I'll second that. 17 COMMISSIONER LETZ: All right. We have a 18 motion to approve the RFP, that was attached as a 19 template, and to authorize Commissioner Moser and 20 Commissioner Letz and the County Attorney to make the 21 adjustments and fill in the dates accordingly, so that 22 this RFP will coincide with the RFP -- or RFQ for the 23 other -- for other items related to this project. Any 24 further discussion? 25 COMMISSIONER BELEW: I have one question. 20 1 On the the rating sheet is there a formula for figuring 2 out how you rate them, or you just it's like a one to 3 ten what you feel is the best? 4 COMMISSIONER LETZ: Subjective to a degree. 5 It's subjective. You look at it and based on -- I mean 6 parts of it are subjective, I would say. In an RFP you 7 have a cost, that's not a subjective number; it's a hard 8 number. But some of them are based on the experience, 9 and type of experience, past performance and things like 10 that, will be subjective. 11 COMMISSIONER BELEW: That's all. 12 COMMISSIONER MOSER: I usually do it on a 13 relative basis, between the proposals and -- 14 COMMISSIONER BELEW: With who you're related 15 to? 16 COMMISSIONER MOSER: Relative to the 17 proposals. 18 COMMISSIONER BELEW: Just teasing. 19 COMMISSIONER MOSER: Good catch. 20 COMMISSIONER LETZ: Any further discussion? 21 All in favor, raise your right hand. None opposed, 22 unanimous. 23 Especially to the County Attorney, I see 24 here we have RFP, but the next one it should be an RFQ. 25 MRS. STEBBINS: It should be an RFQ. 21 1 COMMISSIONER LETZ: Can we act on it? 2 MRS. STEBBINS: It was misnamed an RFP, and 3 I probably should have caught this. 4 COMMISSIONER LETZ: But can we proceed? 5 MRS. STEBBINS: I think that we can proceed. 6 It's not changing the substance of what -- 7 COMMISSIONER MOSER: Shouldn't it be an RFP 8 rather than an RFQ since it's over 50 thousand? 9 MRS. STEBBINS: No. It's for request for 10 qualifications for professional services. 11 COMMISSIONER LETZ: There's engineers 12 involved. Part of the work is being overseen by an 13 engineering person, so it's an engineering contract. 14 COMMISSIONER MOSER: Yeah, I understand. 15 But it's going to exceed 50 thousand dollars, so don't 16 we have to -- 17 MRS. STEBBINS: No. The RFQ is the 18 appropriate way to get those engineers to tell us why 19 they're qualified to perform these services. 20 COMMISSIONER MOSER: Well, why wouldn't the 21 same thing -- 22 COMMISSIONER LETZ: Let me call the item 23 first. Item 1.10 consider discuss and take appropriate 24 action to publish request for proposal, RFP, concerning 25 inspection services for the Center Point/East Kerr 22 1 County Wastewater Project. 2 COMMISSIONER MOSER: Why wouldn't it be the 3 same thing for administrative services as for 4 engineering? That too is professional, or what's the 5 discrimination? 6 MRS. STEBBINS: Well, I didn't prepare 7 these. We were advised to use these particular forms 8 for them, and so I don't know why the other one wouldn't 9 be called a request for qualifications. 10 COMMISSIONER LETZ: On that one I checked 11 with Eric Hartzell, and his opinion was that I thought 12 it would be a RFQ; he said no, it's an RFP because 13 administrative services does not fall under the 14 professional -- 15 COMMISSIONER MOSER: Hu, okay. That's the 16 answer. 17 COMMISSIONER LETZ: -- engineering does. So 18 that's why these are different. 19 COMMISSIONER MOSER: That was my question, 20 so good answer. Thank you. 21 COMMISSIONER LETZ: This item, especially 22 the same as the previous one and the motion would be to 23 authorize Commissioner Moser and myself and the County 24 Attorney to fill in the detailed requirements related to 25 when the proposal will be back -- due back to Court -- 23 1 COMMISSIONER MOSER: Qualifications. 2 COMMISSIONER LETZ: When the qualifications 3 will be due back into Court, and would approve the 4 template as submitted. 5 COMMISSIONER REEVES: So move. 6 COMMISSIONER MOSER: Second. 7 COMMISSIONER LETZ: Motion from Mr. Reeves, 8 second from Commissioner Moser to the motion that I just 9 read, and any further discussion? All right, all in 10 favor raise your right hand. Passes unanimous. 11 Item 1.11 consider, discuss and take 12 appropriate action to appoint DRG Architects and Huser 13 Construction Company to develop a scope of work for 14 repairs to jail and Sheriff office caused from fire on 15 January 10, 2017, reference court order 36021. Mr. 16 Reeves. 17 COMMISSIONER REEVES: Yes. You'll recall at 18 our last meeting that due to the fire which occurred in 19 January the Sheriff's Department slash jail we approved 20 a court order because of the emergency to exempt from 21 competitive bidding for the repairs. In our monthly 22 meeting with the architect and Huser Construction, it 23 was determined that based on the amount of smoke damage, 24 the amount of repairs, that the scope of the work needs 25 to be defined before we can even determine what the 24 1 repairs are needed. DRG Architects and Huser have 2 agreed to develop a scope of the work in order to 3 proceed so we can have the repairs made while the other 4 work on the jail is going on at the same time, so we 5 don't have two different groups up there trying to do 6 it. So Sheriff, do you want to add anything to that? 7 SHERIFF HIERHOLZER: Well, there is -- 8 technically there is a scope of working prepared by 9 Blackmon Mooring who is the one doing the demolition. 10 But some of that got into question about well, if they 11 do this they do that, and it kind of drug out a lot 12 longer than it should. And we need to get the J.P.'s 13 office repaired and everything done. So me not being a 14 construction person, and this being paid for through the 15 insurance proceeds will cover the cost, I felt also at 16 that meeting that it was time that we actually get our 17 architect who is DRG Architect and Huser, who I think 18 will be doing a lot of the work, and is around there, 19 and has a, you know, a say on this because of the 20 current expansion going on, and where it does get them 21 involved in it, so that they can talk directly with the 22 insurance companies and everything else and see if we 23 can get this stall moving forward again. 24 COMMISSIONER REEVES: And there was concerns 25 from one company that was initially brought out there 25 1 through the roofer's insurance company, some of their 2 requests for repairs we don't feel would be satisfactory 3 enough to eliminate all the smoke smell and the damage 4 as well as some concerns on just if it was a band-aid or 5 is it a true fix. But DRG and Huser can proceed with 6 this, and this part will be paid for or is part of the 7 insurance proceeds. 8 COMMISSIONER MOSER: So that was going to be 9 my question, this is covered under insurance? 10 SHERIFF HIERHOLZER: Should be covered 11 under -- 12 COMMISSIONER MOSER: Under the scope of 13 work. 14 SHERIFF HIERHOLZER: Right, should be 15 covered under the insurance proceeds. Okay. I won't 16 say it definitely will. 17 COMMISSIONER MOSER: Do we know what it's 18 going to cost? 19 SHERIFF HIERHOLZER: No, I do not. See 20 that's the thing. What the deal is is at first there 21 was some talk through the insurance company about 22 tearing down the actual outside rock all the way down 23 that whole side of the building that the J.P. is on up 24 to the point of the tilt walls for the jail. Okay. 25 Then this last bit when they had the insurance companies 26 1 all come back out and look, they decided they want to do 2 it from the inside. So from the inside of the J.P. 3 courtroom all the way -- or inside the J.P. office area 4 all the way down through there is to tear out what would 5 be the sheetrock layer and paint, the portion you see in 6 there, and then there's the insulation, and then there's 7 another kind of like a sheathing or sheetrock, okay, 8 well there's actually the studs, and then there's 9 another sheetrock layer and then there's the rock 10 itself. And what they were talking about doing now is 11 taking all that out from the inside. Including where 12 you get to the studs, you know, and these are metal 13 studs in there, is cut out that sheathing in between the 14 studs so they get rid of that too, that kind of 15 sheetrock looking, and would expose the actual rock 16 itself. But the question that the architect and Huser 17 had is okay how do you put that back, if you're cutting 18 it out in between the studs how do you put that back. 19 So at that point I think it's better for the County that 20 we bring in Huser and our architect and let them start 21 working with the insurance company, but since it is 22 different than the actual jail expansion that we're 23 doing it would be probably another standard contract 24 that Huser would get, or that Huser and DRG would get 25 over, that would have to go through our County Attorney 27 1 first, okay, before it is signed. 2 But what I think we need to do is authorize 3 those two to go ahead and start that and get the 4 contract, and as long as the contracts meet the County 5 Attorney, go ahead to sign those. 6 COMMISSIONER MOSER: So we have a not to 7 exceed on establishing a scope of work? 8 SHERIFF HIERHOLZER: I would say not to 9 exceed what the insurance benefits are for the 10 completion of the project. 11 COMMISSIONER MOSER: Okay. 12 COMMISSIONER REEVES: And I might point out, 13 too of the other concerns, one when they take this -- 14 it's basically a moisture barrier, but when they leave 15 it on the studs, the smoke is in the entire part of it, 16 so you are not going to eliminate the smoke. 17 The other concern, if you're tearing it out 18 from the inside, what the rock wall is already attached 19 to, what happens to that? 20 COMMISSIONER MOSER: It's attached to 21 something. 22 SHERIFF HIERHOLZER: It's attached to the 23 studs. 24 COMMISSIONER REEVES: So there's a number of 25 concerns over and above the roof, which is where the 28 1 fire began, and putting the two roofs together in 2 addition, so I would make a motion to contract with DRG, 3 the architects, Huser Construction Company to develop 4 scope of work for the repairs to the jail and Sheriff's 5 office which were caused from the fire on January 10, 6 2017, not to exceed the amount -- with the cost not to 7 exceed the amount of the insurance proceeds. 8 COMMISSIONER MOSER: Second. 9 COMMISSIONER LETZ: I'm a little confused. 10 SHERIFF HIERHOLZER: And I don't know if we 11 need to add in there about have to review of the 12 contracts by the County Attorney, contract or contracts. 13 COMMISSIONER LETZ: We have a motion from 14 Commissioner Reeves and second by Commissioner Moser to 15 approve the agenda item, with the addition to approval 16 required by the County Attorney. My question is all 17 we're doing is the scope of work, so not to exceed 18 number is going to come back, and they're going to give 19 us a -- we're going to get back a proposal. We just 20 going to authorize them to do the work? 21 COMMISSIONER MOSER: Just the scope of work. 22 COMMISSIONER LETZ: Just a scope of work is 23 no money. I mean the amount of the insurance proceeds 24 isn't part of that. But my question is, we need to make 25 sure that the insurance company's going to pay for the 29 1 development of the scope of work. 2 SHERIFF HIERHOLZER: Well, see, Blackmon 3 Mooring has done a scope of work. It's just there is 4 going to be some disagreements in it. And what we 5 actually talked about is being able to authorize and let 6 DRG, being Mr. Gondeck actually visit with and talk to 7 our insurance adjustor on behalf of the County to get 8 all this worked out, because I don't have the knowledge 9 to be able to do that, and I think it takes our 10 architect to be able to do that, to get this resolved 11 where we've got an adequate scope of work developed, and 12 then Huser, if they -- you know, if we agree with the 13 contract that Huser would send on the rebuild, then it 14 would be under that. Okay. So we're not signing a 15 contract on the rebuild at this time; we're trying to 16 figure out how the rebuild's going to get done. 17 COMMISSIONER MOSER: I think all we're 18 looking for, and maybe wasn't clear, is the cost from a 19 scope of work, you know, it's not just a blank check. 20 DRG or somebody's gotta say it's going to take us four 21 hours or whatever, we'll talk to the insurance company 22 and work out something with them. So it seems to me 23 like it's reasonable to have a not to exceed on the 24 establishing the scope of work. 25 COMMISSIONER REEVES: Well, would it be 30 1 better to withdraw that motion and just set up a dollar 2 amount? 3 COMMISSIONER MOSER: I don't know how much 4 the dollar amount is. 5 COMMISSIONER LETZ: To me the motion should 6 be to authorize DRG and Huser to develop a scope of work 7 in conjunction with the insurance company, and to be 8 paid for by the insurance proceeds. 9 COMMISSIONER MOSER: That would be fine. 10 SHERIFF HIERHOLZER: I think that's the way 11 it should be worded. 12 COMMISSIONER REEVES: Rather than let's just 13 pay from the insurance proceeds. 14 COMMISSIONER LETZ: And if something doesn't 15 come back, you know, that way then we can come back and 16 authorize funds later if we need to, but it needs to be 17 done, but it needs to be done in conjunction with the 18 insurance company and those proceeds. 19 MR. BELEW: And we're insured for every bit 20 of it; not just the work done and this is over at the 21 side here. Somebody that looks at estimates and the 22 scope of work it all has to be inclusive. That's what 23 you pay the insurance premium for. 24 COMMISSIONER LETZ: Do you withdraw your 25 previous motion? 31 1 COMMISSIONER REEVES: Yeah. 2 COMMISSIONER MOSER: Yeah, I withdraw my 3 second. 4 COMMISSIONER LETZ: And want to try again, 5 Bob? 6 COMMISSIONER REEVES: Well, why don't you 7 try it so you can get it right. 8 To authorize DRG Architects and Huser 9 Construction Company to develop a scope of work for 10 repairs to the jail and Sheriff's office caused from the 11 fire on January 10, 2017, with their cost for services 12 to be paid from insurance proceeds. I'll make that as a 13 motion. 14 COMMISSIONER MOSER: I'll second that. 15 COMMISSIONER LETZ: Okay. We have a motion 16 and a second. Any further discussion? All in favor 17 raise your right hand. No opposed, it's unanimous. 18 I don't believe we have any executive 19 session items. We move to the approval agenda portion, 20 4.1 pay the bills. Do we have a motion to pay them? 21 COMMISSIONER BELEW: I'll make that motion. 22 COMMISSIONER LETZ: Motion from Mr. Belew. 23 Second from -- 24 COMMISSIONER REEVES: I'll second. 25 COMMISSIONER LETZ: -- Commissioner Reeves. 32 1 Any further discussion? If none, all in favor raise 2 your right hand. It's unanimous. 3 Budget amendments, 4.2. 4 MRS. DOSS: Yes. We have nine budget 5 amendments. The first four are related to recording new 6 revenues in from the insurance proceeds. If you look at 7 number four, that is our first payment related to the 8 fire out at the Sheriff's office. That as the expenses 9 are more defined then the insurance proceeds will 10 probably change, we'll probably get more. The next five 11 are department line item transfers. 12 COMMISSIONER MOSER: Move for approval of 13 the budget amendments. 14 COMMISSIONER LETZ: We have a motion from 15 Mr. Moser to approve budget amendments. Do we have 16 second? 17 COMMISSIONER REEVES: Second. 18 COMMISSIONER LETZ: Mr. Reeves second. Any 19 further discussions? All in favor raise your right 20 hand. No opposed, unanimous. 21 Late bills. 22 MRS. DOSS: Yes, we have a few late bills. 23 These were turned in Friday afternoon, that's why 24 they're considered late. So we just added them to the 25 packet. 33 1 COMMISSIONER REEVES: Move to approve and 2 pay the late bills. 3 COMMISSIONER LETZ: We have a motion to 4 approve the late bills. A second? 5 COMMISSIONER BELEW: Second. 6 COMMISSIONER LETZ: Mr. Belew second. Any 7 further discussion? All in favor raise your right hand. 8 Approved, unanimous. 9 Monthly reports, 4.4. Mr. Reeves. 10 COMMISSIONER REEVES: Yes, Sir. All reports 11 unless I indicate otherwise are for the month of 12 February, 2017. County Clerk's report, District Clerk's 13 report, Environmental Health report, Animal Services 14 report, Constable Precinct 1 monthly report, Constable 15 Precinct 2 monthly report, Constable Precinct 3 monthly 16 report, Constable Precinct 4 monthly report, monthly 17 reports for J.P. Precinct Number 1, Number 2, Number 3 18 and Number 4, as well as the County Treasurer's payroll 19 report for January 2017. Move to accept the reports as 20 presented, and for the Court to sign as needed. 21 (Off the record.) 22 COMMISSIONER BELEW: Second. 23 COMMISSIONER REEVES: I apologize if I said 24 March. County Treasurer's payroll report February, 25 2017. 34 1 COMMISSIONER LETZ: Motion from Mr. Reeves, 2 second from Mr. Belew to approve the monthly reports. 3 Any further discussion? All in favor raise your right 4 hand. Unanimous. 5 Auditor reports. 6 MRS. DOSS: None. 7 COMMISSIONER LETZ: Under item five 8 information agenda. Reports from Commissioners/liaison 9 committee assignments. Do you have any? 10 COMMISSIONER BELEW: I don't have any. 11 COMMISSIONER LETZ: Mr. Moser. 12 COMMISSIONER MOSER: None. 13 COMMISSIONER LETZ: Mr. Reeves. 14 COMMISSIONER REEVES: None. 15 COMMISSIONER LETZ: Reports from elected 16 officials, department heads. None. 17 Reports from boards, commissions, 18 committees. 19 There being none, we're adjourned. Thank 20 you. 21 * * * * * * 22 23 24 25 35 1 STATE OF TEXAS * 2 COUNTY OF KERR * 3 I, DEBRA ELLEN GIFFORD, Certified Shorthand 4 Reporter in and for the State of Texas, and Official 5 Reporter in and for Kerr County Commissioners' Court, do 6 hereby certify that the above and foregoing pages 7 contain and comprise a true and correct transcription of 8 the proceedings had in the above-entitled Commissioners' 9 Court. 10 Dated this the 16th day of March, A.D. 2017. 11 12 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 13 No. 953 Expiration Date 12/31/2018 14 * * * * * * 15 16 17 18 19 20 21 22 23 24 25