[00:00:07]
GOOD MORNING. WELCOME TO THE MAY 23RD COMMISSIONERS COURT WORK SESSION.
A NEW FIRST FOR ME AS YOUR BEAR COUNTY JUDGE.
MY HOPE IS THAT WE CAN USE THIS MEETING FORMAT TO HAVE MORE IN-DEPTH DISCUSSION ON SOME OF THE KEY ISSUES THAT CAN HOLD US UP DURING OUR TYPICAL COMMISSIONERS COURT MEETINGS TODAY, WE WILL MEET FIRST AS THE PUBLIC FACILITY CORPORATION AND DISCUSS THREE MAJOR PROJECTS THAT HAVE BEEN IN THE PIPELINE FOR SOME TIME. THEN WE'LL BE BRIEFED ON THE STATUS OF THE COUNTY'S ARPA PROGRAM, RECEIVING AN UPDATE ON AWARDS, PRE AWARDS STATUS ON PENDING COMMITMENTS, TRACKING OF HOW FUNDS ARE BEING EXPENDED, MONITORING FOR COMPLIANCE AND ANY REMAINING FUNDING THAT THIS COMMISSIONER'S COURT NEED TO REVIEW AND REALLOCATE. FINALLY, WE WILL CONCLUDE WITH THE DISCUSSION ON THE POLICIES, PROCEDURES AND PROCESSES OF OUR PURCHASING DEPARTMENT.
I UNDERSTAND THAT THE ITEMS NOTE APPROPRIATE ACTION.
IT WAS MY INTENT FOR THE WORK SESSIONS TO BE A BRIEFING AND DISCUSSION ONLY.
SO I ASK THAT IF THERE'S ANY CONSENSUS ON ANY COURSE OF ACTION, WE PLACE THAT ON THE AGENDA OF A FUTURE COMMISSIONERS COURT MEETING AT THIS TIME, CALLING THE, NO, I'M GOING TO ASK A POINT OF PERSONAL PRIVILEGE.
I WOULD LIKE TO TAKE A MOMENT OF SILENCE.
IT IS A VERY BITTER SWEET DAY FOR ME.
SO MY ASK THAT WE JUST TAKE A MOMENT OF SILENCE AND THAT WE THINK ABOUT THE 19 CHILDREN AND TWO TEACHERS AND THE FAMILIES THAT HAVE SURVIVED THIS TRAGEDY, THIS SENSELESS GUN VIOLENCE, AND THAT WE PRAY FOR THEM AND THAT WE HOPE THAT WE CAN NOW MOVE FORWARD AS A COMMUNITY AND JOIN WITH OUR NEIGHBORS IN UVALDI.
AT THIS TIME, I'LL ASK FOR SILENCE.
ALL RIGHT. THANK YOU ALL VERY MUCH.
[1. Communications, including citizens who signed the register to speak, and reports. ]
ARE THERE ANY CITIZENS TO BE HEARD AT THIS TIME? THERE'S BEEN NONE TO REGISTER.ALL RIGHT. AT THIS TIME, I BELIEVE WE ARE TIME CERTAIN WE'RE GOING TO TAKE UP 9 A.M.
[2. TIME CERTAIN ITEMS]
THE CONVENE AS BOARD OF DIRECTORS FOR THE BEAR COUNTY FACILITY CORPORATION.MOTION BY COMMISSIONER CALVERT SECOND BY COMMISSIONER MOODY.
ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING I KNOW MY ABSTENTION SINCE I WAS NOT PART OF THAT MEETING.
IS THERE ANY MOTION? IS THERE A MOTION? MOTION BY COMMISSIONER MOODY.
SECOND BY COMMISSIONER CLAY-FLORES.
ANY FURTHER DISCUSSION? HEARING NONE. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.
AYE. ALL THOSE OPPOSED MOTION CARRIES AT THIS TIME, I'LL ASK MR. ANDY COHEN TO PLEASE STEP FORWARD.
[00:05:05]
AGREEMENT, EARNEST MONEY CONTRACT, DECLARATION OF EASEMENTS AND COVENANTS, CONSTRUCTION, CONTRACT MASTER SUBCONTRACT, AND ANY DOCUMENTS ANCILLARY THERETO REQUIRED IN CONNECTION WITH THE ACQUISITION OF A PROPOSED CONTINENTAL MIXED INCOME MULTIFAMILY RESIDENTIAL APARTMENT COMPLEX TO BE LOCATED ON APPROXIMATELY 1.304 ACRES OF REAL PROPERTY SITUATED NEAR THE INTERSECTION INTERSECTION OF SOUTH LAREDO STREET AND WEST COMMERCE STREET IN THE FORM PREVIOUSLY CIRCULATED TO THE BOARD OF DIRECTORS.THE TRANSACTION DOCUMENTS RESOLVED THAT THE BOARD OF DIRECTORS OF THE BURKE COUNTY PUBLIC FACILITY CORPORATION HEREBY AUTHORIZES THE EXECUTION OF THE TRANSACTION TRANSACTION DOCUMENTS BY ANY OFFICER OF THE PSC, INCLUDING ANY ASSISTANT SECRETARY.
MR. COHEN, YOU HAVE THE FLOOR.
THANK YOU, COMMISSIONERS, FOR YOUR TIME TODAY.
SO BY WAY OF BACKGROUND, THE HOUSE, TEXAS HOUSE HAS BEEN LOOKING INTO REFORMS OF THE PUBLIC FACILITY CORPORATION ACT. ON MAY 1ST OF THIS YEAR, THEY ADOPTED A HOUSE BILL 2071, WHICH WOULD HAVE SUBSTANTIALLY REFORMED AND MODIFIED AND MADE LIKELY UNVIABLE THE PROGRAM AS IT STANDS TODAY.
THE BILL WAS THEN CONSIDERED AND BROUGHT BEFORE THE SENATE JUST THIS PAST FRIDAY.
ACCORDINGLY, THE LAW BECOMES EFFECTIVE WHEN IT IS APPROVED BY TWO THIRDS OF A VOTE IN THE HOUSE AND THE SENATE, AND THEN IT IS EITHER SIGNED BY THE GOVERNOR OR NOT VETOED BY THE GOVERNOR, WHICH CAN HAPPEN FOR UP TO 20 DAYS AFTER THE END OF THE SESSION OR JUNE 18TH.
SO SOME TIME BETWEEN TODAY AND JUNE 18TH, THIS BILL WILL BECOME EFFECTIVE.
AND SO BY WAY OF REMINDER, YOU KNOW, WE'VE BEEN WORKING ON THE CONTINENTAL DEAL AND APPROVED THE MOU IN JUNE OF 2021 TOWER LIFE TRANSACTION WAS APPROVED IN AUGUST OF 2022, AND SAN JOSE VILLAGE WAS APPROVED IN NOVEMBER OF 2022.
AND SO THESE DEVELOPERS HAVE BEEN WORKING HARD ON THE TERMS SET FORTH IN THE MOU AND THE TRANSACTION DOCUMENTS THAT WE HAVE CIRCULATED AROUND TO THEM ON THE TERMS SET FORTH. AND SO WHAT WE'RE TRYING TO DO IS JUST FORMALLY CONVEY THAT THESE TRANSACTIONS ARE APPROVED FOR ALL PURPOSES OF THE EXISTING VERSION OF SECTION 303,042 D OF THE TEXAS LOCAL GOVERNMENT CODE.
WITHOUT APPLICATION OF THESE AMENDMENTS, THERE ARE STILL.
THERE'S STILL MOVEMENT POTENTIALLY IN THE HOUSE TO PROVIDE FURTHER AMENDMENTS TO THE BILL.
AND SO IT'S STILL NOT CLEAR EXACTLY WHERE IT WILL WIND UP.
SO THAT'S WHY THESE RESOLUTIONS HAVE BEEN BROUGHT.
ANY QUESTIONS? SO. OH. SO WHAT EXACTLY DO YOU NEED FROM US TODAY? DO WE NEED TO ARE WE DOING A RESOLUTION? DO YOU NEED US TO VOTE ON SOMETHING? YEAH, WE JUST NEED TO VOTE TO APPROVE THE RESOLUTIONS, AND WE'LL CIRCULATE THE RESOLUTIONS FOR SIGNATURE.
SECOND MOTION BY COMMISSIONER CALVERT.
SECOND BY COMMISSIONER CLAY-FLORES.
I JUST JUST TO CLARIFY FOR THE RECORD, THE THE AGENDA I HAVE SAYS THAT THE DOCUMENTS CAN BE APPROVED AND EXECUTED BY THE PRESIDENT, WHICH IS NOW YOU AND THE ASSISTANT SECRETARY.
THAT'S CORRECT. SAID ANY OFFICER SO I JUST WANT TO BE CLEAR WHAT YOUR DIRECTION WAS.
IS THAT ON THE ON THE OFFICIAL AGENDA, YOU SO STATED WHAT'S ON THE AGENDA? I HAVE A MOTION TO I JUST A POINT OF PERSONAL PRIVILEGE.
I COULDN'T HEAR THE THE LAST PART OF WHAT YOU SAID OR MOST OF WHAT THE FIRST PART OF WHAT YOU SAID BUT THE LAST PART ABOUT ASSISTANT SECRETARY IN THE EXECUTION, YOU'RE PROVING THE ABILITY OF THE PRESIDENT OF THE CORPORATION, ALONG WITH THE PRESIDENT AND ME, THE ASSISTANT SECRETARY, TO APPROVE THE EXECUTION OF DOCUMENTS ASSOCIATED WITH THESE THREE PROJECTS.
SO WE HAVE TO TAKE THREE. WELL, THAT WAS LOUD.
SO WE HAVE TO TAKE THREE SEPARATE VOTES, IS WHAT YOU'RE SAYING? YES, SIR. YES, MA'AM.
OKAY. IS I JUST WANT TO MAKE CLEAR THE WORDING YOU'VE ASKED FOR, MR. SMITH, IS A CORRECTION OF WHAT I PUT ON THE RECORD.
[00:10:04]
YES, SIR. AND IS THAT ACCEPTED, MR. JUDGE? COMMISSIONER CALVERT.LET ME JUST DO A LITTLE POINT OF INQUIRY.
YOU'RE DAVID SAYING THAT WE NEED TO READ IT IN THE CAPTION ACTION.
OR DO I NEED TO MOVE A MOTION WITH THE AUTHORIZATION FOR THE PRESIDENT AND ASSISTANT SECRETARY? ITEM C HAS A RESOLUTION THAT HAS TWO PARTS.
I'M TALKING ABOUT THE LAST PARAGRAPH ON YOUR AGENDA.
GOT IT. WHAT? I DON'T HAVE A COPY OF THE PFC AGENDA.
CAN SOMEONE GET THAT FOR ME? WHEN? OKAY.
IN THAT LAST PARAGRAPH, I UNDERSTOOD.
SO WE MISSED WHAT WAS IN THE LAST PARAGRAPH.
SO TO CLARIFY, THERE WAS AN ORIGINAL VERSION THAT SAID ANY OFFICER OF THE PFC COULD SIGN IT.
SUBSEQUENT TO DISCUSSIONS AND BRIEFINGS WITH THE COMMISSIONERS, THAT LANGUAGE WAS REVISED.
AND SO THAT MIGHT BE AN OLD VERSION OF THE AGENDA.
AND SO WHAT WHAT THE RESOLUTIONS THAT ARE BEFORE YOU THAT EVERYONE RECEIVED COPIES OF SAYS IN THE DETAIL IS THAT IT HAS TO BE SIGNED BY THE PRESIDENT AND THE ASSISTANT SECRETARY. THAT WAY EVERYONE'S CLEAR ON WHAT IT'S BOTH NOT ONE OR IT'S BOTH.
SO THAT'S BASED ON THE FEEDBACK FROM FROM COMMISSIONERS.
IS THERE AN ISSUE WITH THE MOTION? I THINK WE NEED A FRIENDLY AMENDMENT TO.
WELL, I DIDN'T I DIDN'T I DIDN'T SIGNAL ANY MOTION.
YEAH. I THINK THE MOTION WOULD BE TO APPROVE THE WRITTEN RESOLUTION THAT WAS SUBMITTED.
THE VERSION THAT WAS READ INTO THE RECORD IS A TRUNCATED VERSION.
THERE'S ONE THAT'S BEEN TRANSMITTED TO EVERYONE.
IT'S A LITTLE LONGER AND IT HAS RATIFICATION, LANGUAGE AND ADDITIONAL LANGUAGE.
HOW WOULD YOU LIKE THE MOTION? WHAT WOULD YOU LIKE? THE MOTION TO A MOTION TO APPROVE THE WRITTEN RESOLUTION REGARDING CONTINENTAL HOTEL AS SUBMITTED.
HAD ANY OTHER PROJECTS? WE CAN DO THEM ALL. THAT'S FINE.
I'LL JUST MAKE IT GERMANE BECAUSE I DON'T WANT TO GET INTO A PR ISSUE.
I WANT TO MAKE IT GERMANE TO ITEM C AND THEN WE'LL MOVE ON TO THE NEXT.
THAT'S FINE. SO THAT ONE WOULD JUST COVER CONTINENTAL HOTEL.
OKAY. UH, TO APPROVE THE FOLLOWING RESOLUTIONS RELATED TO THE FINAL TRANSACTION DOCUMENTS WITH RESPECT TO THE CONTINENTAL HOTEL AS IN THE FINAL COURT AGENDA.
MOTION BY COMMISSIONER CALVERT.
SECOND BY COMMISSIONER CLAY-FLORES ANY FURTHER DISCUSSIONS? MR. COHEN ASKING QUESTIONS SINCE I'M THE NEW KID ON THE BLOCK, CAN YOU JUST BRIEFLY GIVE US A HISTORY OF THE THIS PARTICULAR PROJECT? AND I'LL PROBABLY BE ASKING THE SAME QUESTION FOR ALL AS TO WHAT'S THE PROGRESS? HOW MANY TIMES HAS THIS BEEN BROUGHT BEFORE THE PUBLIC FINANCE CORPORATION AND WHAT'S THE STATUS? JUST IN A VERY GENERAL WAY? SURE. SO WITH RESPECT TO THE CONTINENTAL HOTEL, MY UNDERSTANDING IS THAT THEY'RE READY TO START CONSTRUCTION AND BREAK GROUND AND HAVE FINANCING AND PERMITS AND ARE READY TO GO AS OF THE END OF JUNE OF 2023.
SO THEY SHOULD BE READY TO TO MOVE FORWARD AND START CHURNING SHOVELS.
THAT WILL BE 290 UNIT NEW CONSTRUCTION DEVELOPMENT BETWEEN THE ARENA AND CONTINENTAL HOTELS.
THOSE FACADES WILL BE PRESERVED IN CONNECTION WITH THAT.
AND THE OH, HENRY HOUSE WILL BE MOVED TO THE UTSA DOWNTOWN CAMPUS.
SO THAT'S ALL THAT'S HAPPENING THERE.
AND THAT'S THAT'S READY TO GO.
THE RESOLUTION, THE MOU FOR THIS DEAL WAS ORIGINALLY APPROVED BY THE COURT IN JUNE OF 2021, AND THERE'S A RESOLUTION APPROVING THIS TRANSACTION IN DECEMBER 7TH OF 2021 AS WELL.
AND THAT'S A CHALLENGE THIS YEAR.
SO THEY'RE READY TO BREAK GROUND AS OF THE END OF NEXT YEAR.
AND AND THERE ARE REPRESENTATIVES OF WESTERN URBAN AREA.
IF YOU'D LIKE TO HEAR MORE ABOUT THAT.
JUDGE, YOU SAID BREAKING GROUND THIS YEAR OR NEXT YEAR? THIS YEAR, THIS YEAR IN JUNE.
SO THAT'S ONE OF THE REASONS WHY TIME IS OF THE ESSENCE.
AND YOU'RE BRINGING THIS MATTER AT THIS WORK SESSION.
[00:15:02]
WE TYPICALLY WOULD HAVE WAITED FOR THE NEXT COMMISSIONERS COURT, BUT THAT WOULD HAVE BEEN TAKEN US INTO JUNE, CORRECT? IT WOULD TAKE US INTO JUNE.AND AGAIN, THE LATEST ITERATION OF THE HOUSE BILL 2071 THAT CAME OUT OF THE SENATE PROVIDED FOR IMMEDIATE EFFECTIVENESS, MEANING THAT IT COULD BECOME EFFECTIVE AS SOON AS IT WAS SIGNED BY THE GOVERNOR, IF APPROVED BY TWO THIRDS OF THE HOUSE AND THE SENATE ACCORDINGLY.
THAT WOULD CHANGE ALL OF THE RULES RELATED TO THESE TRANSACTIONS.
THAT'S WHY WE'RE REQUESTING THIS ACTION TO LOCK IN THOSE DATES.
AND WHAT IS THE IF THAT IS INDEED PASSED ACCORDING TO THOSE STIPULATIONS, WHAT IS THE EFFECT OF THAT STATUTE ON PROJECTS PROJECTS SUCH AS THIS? SO THE MAIN DIFFERENCE IN THESE DEALS WOULD BE THAT THERE IS NEW AFFORDABILITY REQUIREMENTS.
THERE'S A REQUIREMENT THAT 40% OF THE UNITS BE AT 80.
ARMY OF AREA MEDIAN INCOME WITH AN ADJUSTMENT FOR FAMILY SIZE AND THAT 10% OF THE UNITS BE AT 60% OF AREA MEDIAN INCOME WITH ADJUSTMENT FOR FAMILY SIZE. SO THAT LOCKS THOSE THOSE ISSUES IN PLACE.
ALSO, IF YOU ARE A PFC THAT IS RUN BY A HOUSING AUTHORITY, YOU ARE REQUIRED TO GET CITY APPROVALS.
THAT DOES NOT NOT APPLY TO BEAR COUNTY PFC, BUT THAT'S A NEW RULE.
THERE'S ALSO A SUNSET ON THE EXEMPTION.
SO NEW CONSTRUCTION DEVELOPMENTS WILL ONLY HAVE AN EXEMPTION FOR A PERIOD OF 60 YEARS.
THAT'S A QUESTION IN PEOPLE'S MIND WHETHER THAT WILL BE A FINANCEABLE TERM.
SO COME POST SEPTEMBER 1ST OR WHATEVER THE EFFECTIVE DATE OF THE BILL BECOMES, WE'RE GOING TO HAVE TO EXPLORE THAT ISSUE TO SEE IF THAT'S SOMETHING THAT RENDERS THIS DIFFICULT TO FINANCE. LET ME ASK YOU TO SPECULATE THEN.
DO YOU BELIEVE THAT WHAT'S THE VIABILITY FOR BEAR COUNTY TO DO THESE TYPE OF PROJECTS IF AND WHEN THIS STATUTE IS ENACTED? WELL, OUR UNDERSTANDING RIGHT NOW IS THAT CONGRESSMAN GARY GATES, WHO PROPOSED SOME OF THE ORIGINALLY ORIGINAL AMENDMENTS TO HOUSE BILL 2071 IN THE HOUSE, IS GOING TO ASK FOR PRESS FOR RECONSIDERATION OF THOSE.
THERE WERE SOME AMENDMENTS THAT HE WAS REQUESTING, SUCH AS A TEN YEAR SUNSET ON THE TAX EXEMPTION, WHICH ABSOLUTELY MAKE THE PROJECTS NON FINANCEABLE. HE ALSO WANTED TO GET HE ALSO REQUIRED THAT YOU GET APPROVAL FROM SCHOOL DISTRICTS EVERY TAXING AUTHORITY.
AND SO THAT ALSO WOULD MAKE IT HIGHLY CHALLENGING ATMOSPHERE.
SO WE REALLY NEED TO WAIT AND SEE WHAT COMES OUT OF THE LEGISLATIVE PROCESS.
AND IT'S DIFFICULT TO KNOW WHAT'S GOING TO HAPPEN.
IT'S DONE, YOU KNOW, ON THE FLOOR OF THE LEGISLATURE.
AND SO THERE'S NOT A LOT OF CLARITY.
THERE WILL BE MORE BY THE BY MAY 29TH, WHICH IS THE END OF THE SESSION.
OKAY. ANY FURTHER DISCUSSION QUESTIONS? ALL RIGHT. I'LL CALL FOR A VOTE.
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.
AYE. ANY OPPOSED MOTION CARRIES.
MR. COHEN, I'M GOING TO I'M GOING TO ASK YOU TO PLEASE READ OUT SO THAT I DON'T OR I HAVE IT FOR.
WITH RESPECT TO THE SAN JOSE PROJECT.
MOTION BY COMMISSIONER CLAY-FLORES SECOND BY COMMISSIONER CALVERT.
ANY FURTHER DISCUSSIONS? HEARING NONE. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.
AYE. AYE. ANY OPPOSED MOTION CARRIES.
ITEM E ACTION TO APPROVE THE FOLLOWING RESOLUTIONS RELATED TO THE FINAL TRANSACTION DOCUMENTS.
WITH RESPECT TO THE TOWER LIFE PROJECT, COMMISSIONER CLAY-FLORES, WOULD YOU PLEASE READ INTO THE RECORD THE TRUNCATED RESOLUTION? COMMISSIONER CALVERT YOU WANT TO DO THAT ONE? THAT ONE'S IN MY PRECINCT.
OKAY. SORRY. COMMISSIONER CALVERT, I WILL ASK YOU TO DO THIS.
SO I'D LIKE TO MOVE TO APPROVE THE FOLLOWING RESOLUTIONS RELATED TO THE FINAL TRANSACTION DOCUMENTS WITH RESPECT TO THE TOWER LIFE BUILDING PROJECT AS WRITTEN IN THE AGENDA.
MOTION BY COMMISSIONER CALVERT.
SECOND BY COMMISSIONER CLAY-FLORES.
ANY FURTHER DISCUSSION? LET ME ASK THIS, MISTER ANDY COHEN, WHAT DO YOU BELIEVE ARE GOING TO BE THE ECONOMIC IMPACT OF ALL THESE THREE PROJECTS? THEY'RE ALL DEALING WITH AFFORDABLE HOUSING, CORRECT? THAT'S THAT'S CORRECT.
GIVE ME AN ESTIMATE OF HOW MUCH IT INCREASES AFFORDABLE HOUSING.
WHO DOES IT AFFECT AND WHAT'S THE ECONOMIC IMPACT, IF ANY? SURE. SO THERE WILL BE ABOUT 300 UNITS OF AFFORDABLE HOUSING CREATED, WHICH WILL BE AT 80% OR 60% OF AMI ON DIFFERENT LEVELS, WHICH WILL CREATE
[00:20:01]
AFFORDABILITY IN THE DOWNTOWN AREA AND IN TWO OF THESE DEALS AND THEN CREATE SOME MARKET RATE DOWN ON THE SOUTH SIDE ON ROOSEVELT ROAD.BUT I FEEL LIKE IF YOU LOOK AT THE DEALS SUCH AS THE BALDWIN OR OTHER PFC DEALS THAT WE'VE DONE AROUND TOWN, YOU CAN SEE THEY'RE A GENERATOR, THEY'RE A DRIVER FOR MORE GROWTH AND MORE DEVELOPMENT.
THEY ALSO PRESERVE AFFORDABILITY AND FLEXIBILITY FOR PEOPLE WHO MAKE 80 OR 60% OF AMI AND IN THESE COMMUNITIES, THESE IMPORTANT COMMUNITIES. SO I THINK IT'S A GREAT.
AND THERE'S ALSO THE HISTORIC ELEMENT.
SO WE'RE PRESERVING THE FACADES OF THE ARANA BUILDING, THE CONTINENTAL HOTEL TOWER LIFE, WHICH IS POTENTIALLY ONE OF THE MOST ICONIC BUILDINGS IN ALL OF DOWNTOWN, AND THE ROOSEVELT ROAD FACILITY AS WELL.
THAT'S SOMETHING THAT WE CAN CONSIDER.
THERE ARE SUBSTANTIAL FEES THAT ARE GENERATED BY THESE THESE TRANSACTIONS.
THERE'S A 200, $250,000 STRUCTURING FEE TO THE COUNTY FOR EACH TRANSACTION.
AND HOW THOSE MONIES GET USED IS UP TO THIS COURT.
ALL RIGHT. THERE'S A MOTION ON THE FLOOR.
ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.
AYE. ANY OPPOSED MOTION CARRIES.
DOES THAT MR. LARRY ROBINSON, DOES THAT CONCLUDE THE ACTION ITEMS UNDER THE PUBLIC FINANCE CORPORATION? ARE WE READY NOW TO GO BACK TO OUR COMMISSIONERS COURT MEETING? I BELIEVE SO, JUDGE. UNLESS ANDY HAS ANYTHING FURTHER.
IS THERE ANYTHING FURTHER FROM THE COMMISSIONERS? ALL RIGHT, I'LL. IS THERE A MOTION TO ADJOURN THE PFC MOTION BY COMMISSIONER MOODY, SECOND BY COMMISSIONER CLAY-FLORES? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.
[3. Discussion and appropriate action regarding the American Rescue Plan Act State and Local Fiscal Recovery Funding priorities and reprogramming of funds. ]
RESCUE PLAN ACT.STATE AND LOCAL FISCAL RECOVERY FUNDING PRIORITIES AND REPROGRAM OF FUNDS.
WE HAVE WITH US GUIDEHOUSE, WHICH IS OUR ARPA CONSULTANT AND MILA CLARK, THE ASSOCIATE DIRECTOR.
STATE AND LOCAL GOVERNMENT IS HERE AS WELL AS LUISA VENEGONI.
WE ALSO HAVE EXPERTS WITHIN OUR COUNTY DEPARTMENTS.
IF YOU DO HAVE QUESTIONS ON CERTAIN TOPICS, I KNOW JAMIE BARRERA IS HERE WITH LIFT FUND.
IF THEY COME FORWARD, EVERYBODY COME FORWARD.
SO IF WE NEED TO TALK TO YOU IN FRONT OF YOU, YOU HAVE THREE HANDOUTS OR FOUR HANDOUTS.
ONE IS THE EXPENDITURE CATEGORIES, WHICH IS A NICE OVERVIEW OF THE AUTHORIZED CATEGORIES BY ARPA.
AFTER THAT, YOU HAVE ENUMERATED EXPENSES WHICH ARE A BREAKDOWN OF THOSE CATEGORIES.
SPECIFICALLY, IT'S ALL ATTACHED TO THAT.
THE ARPA RULE READS LIKE THE ALIEN HIEROGLYPHS CAPTURED AT AREA 51 SO MANY YEARS AGO.
BUDGET CATEGORIES ARE NEXT, AND THAT SHOWS YOU WHAT SPECIFIC PROJECTS ARE PENDING AND EXECUTED.
AND THEN OF COURSE, YOU HAVE THE GUIDEHOUSE PRESENTATION.
ON APRIL 18TH, STAFF GAVE COMMISSIONERS COURT ITS FIRST INTRODUCTION INTO THE REPROGRAMING PROCESS COMMISSIONERS COURT DIRECTED STAFF TO PROVIDE OTHER SESSIONS FOR REPROGRAMING, WHICH I THINK WILL BE THE NORM UNTIL ALL THE NUMBERS BUBBLE TO THE TOP.
THE REPROGRAMING FUND WILL BE DETERMINED BY ARPA FUNDS ASSOCIATED WITH PROJECTS THAT ARE CANCELED, WITHDRAWN OR FUNDED ELSEWHERE AND PROJECT SAVINGS. SO THAT WILL ENCOMPASS WHAT YOU'LL HAVE TO REPROGRAM.
AS I MENTIONED A LITTLE EARLIER, IT'S VERY IMPORTANT.
[00:25:07]
THE NEXT THING IS PRIORITIZATION, AND THAT'S DUE TO THE TIMELINE.BUT CONSIDERING INTERNAL BIERI COUNTY PROJECTS IS A VERY STREAMLINED PROCESS.
A GOOD EXAMPLE OF THAT IS THE FINLEY IMPACT FELONY IMPACT COURT THAT WAS APPROVED IN APRIL.
CONSIDERING ADDING FUNDING TO EXISTING PROJECTS IS ANOTHER AREA OF CONSIDERATION.
THERE'S ALSO A CONSIDERATION FOR SOLICITING NEW PROJECTS.
OBVIOUSLY, YOU'LL HAVE AN OPPORTUNITY TO GO OUT THERE AND SEE WHAT YOUR PRECINCTS ARE NEEDING.
BE MINDFUL OF CONSTRUCTION TIMING BECAUSE ALL FUNDS AND YOU GO TO THE LAST ONE TIMELINE.
ALL FUNDS HAVE TO BE ALLOCATED BY DECEMBER 31ST, 2024.
I JUST WANTED TO MAKE A COMMENT HERE AND A QUESTION, BECAUSE MY UNDERSTANDING IS UNDER THE CURRENT DEBT CEILING NEGOTIATIONS, THERE'S DISCUSSIONS ABOUT CLAWING BACK SOME UNSPENT ARPA DOLLARS.
IS THAT YOUR UNDERSTANDING AND IS THERE ANY DISCUSSION ABOUT WHAT THE CUT OFF WOULD BE MOVED TO WITH WITH ANY OF THOSE CHANGES? THERE'S A LOT OF TALK FROM OUR FEDERAL CONSULTANTS.
THERE'S NOTHING SOLID THEY HAVE DISCUSSED CLAWING BACK.
THE EXTENSION OF THE DECEMBER 31ST, 2024 DEADLINE, IT SEEMS AS SIX MONTHS IS WHAT'S COMING UP, WHICH WOULD PUT US, WHAT, IN JUNE 30TH, JUNE 30TH, 2025.
THERE ARE NO BILLS THAT HAVE SPECIFIC LANGUAGE.
SO IT'S REALLY A TOUCH AND GO RIGHT NOW.
AND THE IMPORTANT THING IS JUST MOVING FORWARD WITH THESE DEADLINES.
AND IF THEY DO EXTEND THE DEADLINE, THEN WE'LL HAVE A LITTLE BIT OF BREATHING ROOM.
YEAH. AND I JUST WANTED TO MAKE THAT COMMENT FOR THE RECORD.
THERE'S THERE'S URGENCY HERE BECAUSE FIRST OF ALL, POTENTIALLY THERE'S THE CLAW BACK SCENARIO.
AND THEN SECOND OF ALL, IF YOU KNOW, AS WE'VE SEEN SOME OF THESE DOLLARS, THESE CONTRACTS DON'T ACTUALLY PRODUCE THE RESULTS, YOU KNOW, AND THEN THE MONEY COMES BACK AGAIN.
AND SO IF WE WAIT RIGHT UP TILL THE DEADLINE AND WE END UP IN THAT SITUATION, THEN WE CROSS THAT DEADLINE AND WE DON'T HAVE ANOTHER CHANCE TO TO ALLOCATE THOSE FUNDS. SO I THINK MOVING QUICKLY AND EFFICIENTLY TO TRY TO REALLOCATE THOSE DOLLARS THAT COME BACK MAKES THE MOST SENSE TO ME.
BUT I JUST WANT TO MAKE THAT COMMENT.
THE NUMBERS ARE STARTING TO REALLY MATERIALIZE IN A MORE FIRM FASHION.
WE'RE GETTING THROUGH SOME CONTRACTS THAT WERE TROUBLESOME.
WE'RE GOING TO SEE THIS SUMMER REALLY WHERE WE STAND, AND THEN WE'LL HAVE THOSE SESSIONS AND WE'LL HAVE ANOTHER ONE PROBABLY IN THE LATE WINTER OR EARLY FALL OR LATE FALL OR EARLY WINTER.
AND WE'RE GOING TO KEEP ATTACKING THIS ITEM.
SO THEN WE GO TO THE ARPA BUDGET AND YOU'RE GOING TO SEE FIVE COLUMNS.
THE FIRST TWO ARE PRETTY LOCKED IN.
AND THEY HAVE THEIR CORRESPONDING AMOUNTS THERE.
NOW, I WILL SAY, AS YOU GO DOWN THAT TOTAL, YOU HAVE $390 MILLION.
THAT IS BECAUSE WE'VE ALREADY DONE A REPROGRAMING OF SORTS.
SO CURRENTLY WE ARE OPERATING AT A $1.3 MILLION DEFICIT.
I'M NOT GOING TO SAY THAT'S A REAL DEFICIT BECAUSE THOSE SAVINGS WILL COME IN.
WE DID RECEIVE AN EXTRA $100,000 FROM ARPA.
THANK YOU. DEPARTMENT OF TREASURY.
AND THAT GIVES YOU THE GRAND TOTAL OF $389 MILLION, WHICH IS WHAT WE WERE ALLOCATED.
SO THEN WE MOVED TO THE NEXT THREE COLUMNS AND YOU HAVE VERY CLEARLY WHAT'S UNDER CONTRACT.
THESE ARE CONTRACTS THAT ARE APPROVED.
YOU'LL FIND THOSE IN THE HANDOUT THAT YOU WERE GIVEN.
NOW THIS ONE WE'RE WORKING CURRENTLY TO TO FINALIZE THOSE CONTRACTS.
SOME OF THOSE, I'LL JUST BE HONEST, THEY MAY NOT MAKE I DON'T KNOW, BUT THEY'RE PENDING.
SO SOME SAVINGS MAY COME OUT OF THAT AND BE THROWN INTO THE REPROGRAMING POOL.
[00:30:01]
THE NEXT COLUMN IS PENDING DIRECTION.IT IS DEVELOPED. I BELIEVE YOU ALL HAVE BEEN BRIEFED ON THAT.
SO THAT IS NOT REALLY IN REPROGRAMING AT THIS TIME THAT'S HOLDING FOR THAT HOUSING PLAN.
MANUEL I JUST WANT TO CORRECT SOMETHING YOU JUST SAID.
YOU SAID HOUSING WAS GIVEN 7 MILLION.
CORRECT. I WAS TALKING ABOUT THE LAST COLUMN THE HOUSING WAS GIVEN.
13 MILLION IS UNDER CONTRACT, 5.8 MILLION IS PENDING CONTRACT.
THERE'S 7 MILLION THAT'S HANGING OUT THERE THAT WAS ALLOCATED FOR THIS HOUSING PLAN.
SO WHILE IT'S NOT UNDER THE CONTRACT PENDING BECAUSE THE PLAN WAS BEING DEVELOPED, ONCE THAT PLAN IS APPROVED OR THEY MOVE FORWARD, THEN THAT'LL MOVE INTO THE CONTRACT PENDING BECAUSE THEY'LL FIND PEOPLE THAT.
CAN YOU BE MORE SPECIFIC ABOUT WHO IS DOING THE PLANNING? YOU'RE TALKING ABOUT THE END USER, THE END GRANTEES OR.
WELL, THE PLAN IS BEING CONDUCTED BY ECONOMIC DEVELOPMENT AND COMMUNITY RESOURCES.
I THINK WHAT MANUEL IS SAYING IS THOSE FIRST TWO ARE UNDER CONTRACT AND CONTRACT PENDING MEANS A VENDOR OR RECIPIENT HAS BEEN SELECTED BY THIS COURT. THE PENDING DIRECTION COLUMN MEANS THERE'S NO VENDOR YET OR RECIPIENT OF THOSE FUNDS THAT THE COURT HAS APPROVED.
I DON'T KNOW THAT THE COURT HAS GIVEN DIRECTION ABOUT THAT 7 MILLION.
I BELIEVE IT WAS THE AFFORDABLE HOUSING.
BUT OTHER THAN THAT, PERMANENT SUPPORTIVE HOUSING.
OKAY. SO EVERY ONE OF THE CONTRACTS THAT WE HAVE, WITH MAYBE THE EXCEPTION OF SOME IN PRECINCT ONE, ARE UNDER BUDGET IN TERMS OF THE PROJECT BEING ABLE TO FULLY FUND ITSELF.
SO DOES IT MAKE SOME SENSE TO LOOK AT WHAT'S GOING ON IN THE PERMANENT SUPPORTIVE HOUSING WORLD AND THEN LOOK AT AND HOW? YOU KNOW, FROM MY UNDERSTANDING, A LOT OF THE PERMANENT SUPPORTIVE HOUSING IS GETTING FULLY FUNDED, BUT WE NEED TO TAKE A DOUBLE CHECK OF IT, BUT MAYBE ALLOCATE SOME OF THAT INTO THE THE, I GUESS, AFFORDABLE HOUSING BETWEEN 30%, 30% AND 80%.
AMI, BECAUSE THOSE PROJECTS WE'RE GIVING FUNDING TO, WE'RE SUPPOSED TO SPEND IT IN THREE YEARS, BUT THE VENDORS ARE SAYING THE COUNTY DIDN'T QUITE GET ENOUGH TO US.
SO I JUST WANT TO POINT THAT OUT, THAT A LOT OF PROJECTS ARE NOT PENCILING AND IF WE HAVE SOME MORE MONEY THERE, THAT WOULD BE A WISE THING SO THAT WE CAN GET THOSE AFFORDABLE HOUSING UNITS BUILT.
AM I MAKING SENSE? HAVE YOU HEARD THAT FEEDBACK? I WAS JUST ABOUT TO SAY, COMMISSIONER, IF YOU'RE SPEAKING OF THERE'S A PARTICULAR PROJECT THAT THERE'S A BUNCH OF THEM.
IT'S MOST OF THEM. I'M NOT GOING TO DENY THAT MOST OF THE PROJECTS THAT WE ALLOCATED MONEY TO ARE SHORT AND WE SHORTCUTTED THE THE ABILITY FOR THE PROJECT TO ACTUALLY WORK.
YES. AND I UNDERSTAND WHAT YOU'RE SAYING.
THERE IS ONE PROJECT BECAUSE OF INFLATION AND BECAUSE OF INFLATION AND BECAUSE.
AND VOLATILE AND INTEREST RATES.
YEAH. YES. SO THOSE THINGS AFFECTED.
YES. AND SOME A PROJECT IS SHORT AND THAT'S GOING TO BE CONSIDERED IN YOUR REPROGRAMING PROCESS.
OKAY, SO WE'RE SPEAKING THE SAME LANGUAGE.
THEN YOU HAVE BEHAVIORAL HEALTH, WHICH IS 14.7 MILLION.
NOW THAT IS WAS ALLOCATED AT THE VERY BEGINNING.
I DON'T KNOW THAT THAT HAS A DIRECT PROJECT THAT IS GOING TOWARDS SO IN TOTAL PENDING DIRECTION, WE'RE GOING TO SAY THERE'S $21.7 MILLION. SOME OF THE SAVINGS WILL COME FROM PAYROLL, PROJECT SAVINGS AND PROJECTS THAT DO NOT MAKE.
SO THAT'S GOING TO FLUCTUATE THESE NUMBERS SOMEWHAT OVER THE NEXT SUMMER.
WE'LL SEE. AND THEN MAYBE PAST AUGUST.
ARE THERE ANY QUESTIONS REGARDING THE ARPA BUDGET OR REPROGRAMING OF THE FUNDS? OKAY, WE'LL MOVE ON.
I CAN'T REITERATE THAT ENOUGH.
PROGRAM DEFICIT 1.3 I'VE ALREADY WENT OVER THAT.
[00:35:03]
THAT WAS THE FELONY IMPACT COURT.THEN YOU HAVE A PROGRAM SURPLUS SAVINGS THAT'S CURRENTLY CALCULATED AT 7 MILLION CURRENT ESTIMATED REPROGRAMING FUND IS 6.4 MILLION AS IT STANDS TODAY.
THERE ARE PROJECTS THAT WILL HAVE SAVINGS.
WE UNDERSTAND THAT THE NON PROFIT PROGRAM WILL HAVE A SUBSTANTIAL AMOUNT OF SAVINGS.
THAT'S PART OF THAT $6 MILLION.
AND WE KNOW THAT THE SMALL BUSINESS FROM THE SMALL BUSINESS PROGRAM IS WAS AWARDED 10 MILLION AND HAS AN EXPENSE TOTAL OF 13 MILLION.
SO THEIR 13 3 MILLION IN THE HOLE.
SO THAT'S ANOTHER CONSIDERATION GOING.
THAT'S PROBABLY GOING TO HAPPEN LATE JUNE, MAYBE EARLY JULY.
COMMISSIONERS COURT WILL DETERMINE THE PRIORITIES.
NOW THERE ARE SET PRIORITIES CURRENTLY, BUT UNDER YOUR REPROGRAMING PROCESS YOU MAY CONSIDER THAT YOU WANT TO ONLY FOCUS ON CERTAIN PRIORITIES OR CREATE YOUR OWN NEW PRIORITIES. THAT'S TOTALLY UP TO THE DISCRETION OF COMMISSIONERS COURT.
AND THERE'S PROJECT SOLICITATION AND VETTING.
SO IF YOU DETERMINE THAT YOU WANT TO FOCUS ON ATTRACTING NEW PROJECTS, THEY WILL NEED TO BE SOLICITED, THEY WILL NEED TO BE VETTED TO GO THROUGH THE PROCESS THAT IS ARPA.
AND I BELIEVE THAT IS ALL WE HAVE ON OUR END.
IF THERE ARE ANY QUESTIONS THERE, THEN GO AHEAD, COMMISSIONER MOODY.
SO JUST KIND OF A FOLLOW ON TO MY PREVIOUS COMMENT.
SO YOU HAVE 117 MILLION CONTRACT PENDING AND ANOTHER 21 MILLION PENDING DIRECTION.
I GUESS, WHAT IS THE TIMELINE FOR THOSE CONTRACTS TO GET INTO, CROSS THE LINE, GET INTO UNDER CONTRACT? BECAUSE AGAIN, IF YOU WERE AWARDED THAT THAT MONEY, YOU'RE GOING TO WANT TO USE AS MUCH TIME AS POSSIBLE TO MAKE SURE THAT THAT YOU CAN KEEP THOSE FUNDS.
BUT AT SOME POINT, DO WE NOT HAVE TO PRESS THEM TO TO TO HAVE A DEADLINE? BECAUSE IF THEY DON'T SPEND THOSE FUNDS, WE NEED TO BE ABLE TO REPROGRAM THEM IN A TIMELY MANNER AND STILL MEET OUR DEADLINES.
THAT IS CORRECT. AND THAT'S THAT'S SPEAKING TO THE TIMELINE WE'VE BEGUN ALREADY.
RIGHT NOW, WE'RE TURNING A CORNER, SO TO SPEAK, IN THE ARPA WORLD.
WE'RE GETTING SOME SIGNIFICANT CONTRACTS DONE.
THERE WERE TWO DONE LAST QUARTER.
LET'S TAKE A LOOK AT WHERE WE'RE AT NOW.
THERE'S REALLY ONLY TWO THAT WE REALLY NEED TO LOOK AT AT THIS TIME.
BUT SO IS THERE A DEADLINE FOR EACH ONE OF THOSE PROJECTS AS FAR AS THEM BEING ABLE TO GET TO UNDER CONTRACT STAGE? I GUESS THAT'S NOT AT THIS TIME.
I'M NOT GOING TO SAY THAT THERE'S A HARD DEADLINE, BUT WE'RE ALL AWARE OF THESE TWO CONTRACTS OR WE'RE AWARE THAT THERE'S GOING TO HAVE TO BE A COME TO JESUS MOMENT THAT SAYS WE'RE EITHER GOING TO BE ABLE TO DO THIS OR WE'RE NOT GOING TO BE ABLE TO DO THAT.
AND THAT IS COMING, I BELIEVE, TOWARDS THE END OF THE SUMMER AT THE LATEST.
I HOPE WE RESOLVE THESE MUCH SOONER.
ANY OTHER FURTHER QUESTIONS FOR MR. LOUD? I ASSUME THERE'S A PRESENTATION BY GUIDEHOUSE? YES. JUDGE GUIDEHOUSE HAS ITS PRESENTATION, WHICH YOU DO HAVE IN FRONT OF YOU, AND THEY'LL GO OVER SOME OF THE INNER WORKINGS OF RPA FROM THEIR ASPECT.
AND I MAY COME BACK TO YOU, MR. LIAO, TO ASK YOU SOME QUESTIONS AFTER THEIR PRESENTATION.
ALL RIGHT. GOOD MORNING. GOOD MORNING.
SO YOU HAVE YOUR PACKETS IN FRONT OF YOU.
I'LL START ON JUST FIRST PAGE NUMBER TWO.
I'LL JUST GO OVER A QUICK OVERVIEW OF OUR AGENDA.
SO FIRST WE'LL GIVE A QUICK GUIDEHOUSE INTRODUCTION.
WE'LL GO OVER SOME REPROGRAMING STEPS FOR YOU GUYS.
AND THEN NEXT LOUISA WILL GO OVER ELIGIBILITY USES TO GIVE YOU GUYS A QUICK OVERVIEW OF THOSE AS WELL, AND THEN WE'LL TALK ABOUT SOME OTHER CONSIDERATIONS WHEN YOU'RE THINKING ABOUT REPROGRAMING.
ON SLIDE THREE, JUST A QUICK OVERVIEW OF GUIDEHOUSE AND AND OUR CURRENT SUCCESSES AND DEMONSTRATED THROUGHOUT 65 PLUS STATE AND LOCAL GOVERNMENT CLIENTS.
WE HAVE ALSO WORKED WITH CLIENTS, INCLUDING HARRIS COUNTY SYSTEMS FOR THE LAST FIVE YEARS.
[00:40:03]
WHAT MAKES GUIDEHOUSE REALLY UNIQUE IS OUR TEAM HAS CULTIVATED A PROFESSIONALS NATIONWIDE THAT HAVE BUILT A COMMUNITY BUILDING AND INVESTMENT CENTER OF EXCELLENCE TEAM, WHERE WE MEET PRETTY MUCH ONCE A WEEK.SO WE ALL TALK ABOUT THINGS THAT EVERY CLIENT IS KIND OF WORKING THROUGH AND KIND OF GIVES US AN OPPORTUNITY TO DO SOME BENCHMARKING AND KIND OF TALK ABOUT SUCCESS STORIES AND LESSONS LEARNED.
SO THAT'S KIND OF UNIQUE TO WHAT WE DO HERE AT GUIDEHOUSE FOR OUR TEAM.
AND I WILL SAY, YOU KNOW, FROM WHAT WE'VE SEEN PREVIOUSLY IN THE PAST COUPLE OF CONVERSATIONS WITH OUR CLIENTS, YOU GUYS ARE KIND OF IN THE SAME SPOT, RIGHT? LIKE YOU'RE THINKING ABOUT RIGHT NOW, THE FUTURE OF THAT DEADLINE COMING UP OF 2024.
THERE EVERYONE IS THINKING ABOUT REPROGRAMING.
SO IT'S NOT LIKE YOU GUYS ARE BEHIND THE CURVE.
I JUST WANTED TO ASSURE YOU GUYS OF THAT.
JUST TO RECAP, AGAIN, OUR GUIDEHOUSE AND BEAR COUNTY PARTNERSHIP.
SO WE STARTED OUR PARTNERSHIP WITH BEAR COUNTY IN 2021, EARLY OF 2021 TIMEFRAME.
SINCE THEN, WE'VE ASSISTED YOU GUYS ON SEVERAL DIFFERENT THINGS, INCLUDING LOOKING AT PROJECT ELIGIBILITY MEMOS, ALSO AD HOC REQUESTS SUCH AS FEDERAL GUIDELINE UPDATES AND SOME OTHER THINGS.
FROM A TREASURY REPORTING SIDE, OUR TEAM HAS ALSO ASSISTED WITH THE QUARTERLY EXPENDITURE REPORTS, WHICH ARE DUE ON A QUARTERLY BASIS THAT THE COUNTY IS RESPONSIBLE FOR SENDING OVER TO TREASURY. SO OUR TEAM DOES ASSIST YOU GUYS CREATE THOSE, REVIEW THOSE AND MAKE SURE THAT THEY'RE COMPLIANT BEFORE THEY ARE SUBMITTED.
OKAY. SO, YOU KNOW, AS WE TALKED ABOUT, WE NEED TO KIND OF THINK ABOUT REPROGRAMING STEPS.
SO WE GAVE A HIGH LEVEL OVERVIEW HERE OF SOME THINGS TO THINK ABOUT PROCESS STEPS ONE THROUGH SEVEN.
BUT JUST AS MANUEL MENTIONED EARLIER, THE FIRST STEP IS JUST IDENTIFYING IF WE NEED TO AND IF YOU GUYS ARE INTERESTED IN DOING NEW PRIORITY AREAS, OKAY, BECAUSE THAT'S GOING TO ASSIST YOU WITH IDENTIFYING YOUR PRIORITY AREAS AND THEN KIND OF LOOKING AT NEXT STEPS ON WHERE DO WE GO FROM THERE? AND SO IN BETWEEN THAT, WE'LL ALSO JUST AS MANUEL ALLUDED, ASSIST YOU GUYS WITH LOOKING AT THE CURRENT PROJECTS THAT YOU DO HAVE AND IDENTIFYING WHAT PROJECTS ARE WORKING WELL, WHAT PROJECTS YOU MIGHT WANT TO GO AHEAD AND REALLOCATE FUNDS TO, RIGHT? BECAUSE THAT'S THE THING IS, IS HOW CAN WE GET MONEY OUT THE DOOR QUICK WITH THAT 2024 DEADLINE PRODUCING COMING UP PRETTY SOON AFTER? WE'RE KIND OF LOOKING AT THE INTERNAL PROJECTS, ALSO INTERNAL PROJECTS THAT YOU GUYS CAN LOOK AT AS WELL TO ASSIST WITH ENSURING THAT YOU CAN GET FUNDS OUT THE DOOR SOONER.
THAT COULD BE SOMETHING THAT YOU CONSIDER AND LOUISA WILL GO OVER SOME OTHER OPTIONS.
OKAY. SO ONCE THAT'S DONE AND YOU GUYS HAVE BEEN ABLE TO PRIORITIZE YOUR NEW PRIORITY AREAS, JUST AS MANUEL ALLUDED TO, WE WILL KIND OF ASSIST IN THE COUNTY TO PUBLISH SOLICITATIONS FOR PROJECT PROPOSALS AND THAT WILL ALLOW YOU GUYS TO GET PARTICULAR RESPONSES FROM THE COMMUNITY THAT FALL IN LINE WITH THE PRIORITY AREAS AND POTENTIAL PROJECTS THAT YOU HAVE IN MIND FOR STEP THREE.
OBVIOUSLY, ONCE THOSE PROPOSALS COME IN, THOSE PROPOSALS WILL NEED TO GO TO THE APPROPRIATE COUNTY DEPARTMENTS FOR THEIR REVIEW TOO, AND JUST TO ENSURE THAT THEY DO FIT FROM THE ELIGIBILITY STANDPOINT IN REGARDS TO IF THIS IS WHERE YOU GUYS WANT TO ENSURE THAT THOSE PROJECTS ALIGN UNDER YOUR PRIORITIES.
OKAY. AND THEN STEP FOUR, OBVIOUSLY, YOU KNOW, AS WE DID LAST TIME, THOSE PROJECTS WILL COME TO THE COURT FOR REVIEW AND RECOMMENDATIONS ON MOVING FORWARD. THROUGHOUT THIS PROCESS AS OUR PROJECTS ARE BEING IDENTIFIED. ONCE THE COURT APPROVES THEM, IT'S VERY IMPERATIVE THAT ALSO THAT YOU HAVE THE COMMUNICATION UP FRONT, RIGHT WITH THE SUBRECIPIENTS SO THEY UNDERSTAND REALLY THE GUIDELINES REGARDS TO ARPA, FUNDING METRICS, REQUIREMENTS, REQUIREMENTS FROM A REPORTING STANDPOINT AND JUST THE ELIGIBILITY STANDPOINT.
[00:45:05]
SO MAKING SURE THAT THAT'S KIND OF DONE UP FRONT, EVEN HONESTLY PRIOR BEFORE TO EVEN GETTING THESE PROJECTS OUT THE DOOR AND PROJECTS, SOLICITATIONS OUT THE DOOR IS GOING TO BE VERY IMPORTANT BECAUSE YOU DON'T WANT TO HAVE PEOPLE IN SUBRECIPIENTS GETTING MONEY TO WHERE THEY'RE NOT UNDERSTANDING REALLY THE EFFECTS OF NOT USING THE FUNDS PROPERLY, RIGHT? BECAUSE THAT WOULD GET IN A SITUATION WHERE AGAIN, YOU HAVE THE CALLBACK.OKAY. AND THEN LASTLY, OBVIOUSLY, ONCE CONTRACTS ARE BEGAN TO BE CONCLUDED AND EXECUTED, WE'LL ALSO WE RECOMMEND THAT YOU CONTINUE THE PROJECT AND MONITORING COMPLIANCE PERSPECTIVE.
OKAY. SO ON THE NEXT SLIDE, LOUISA WILL GO OVER SOME HIGH LEVEL USES ELIGIBLE USES FOR EXPENDITURE CATEGORIES AND GO OVER SOME ADDITIONAL INFORMATION ABOUT RECOMMENDATIONS FOR REPROGRAMING. GOOD MORNING, JUDGE.
COMMISSIONERS. I'LL BE GOING OVER AT A HIGH LEVEL THE ELIGIBLE USES BY EXPENDITURE CATEGORY AND THERE'S ALSO SOME APPENDICES IN THE BACK TO ASSIST YOU WITH ADDITIONAL DETAIL. SO AT A HIGH LEVEL THERE ARE SIX ELIGIBLE USES CATEGORIES.
FIRST IS PUBLIC HEALTH, WHICH ENCOMPASSES NOT JUST COVID 19 EXPENDITURES BUT ALSO PUBLIC HEALTH NEEDS THAT WERE CAUSED OR EXACERBATED BY THE PANDEMIC, INCLUDING BEHAVIORAL HEALTH AND COMMUNITY VIOLENCE INTERVENTIONS, FOR EXAMPLE.
THREE IS FUNDING THAT ADDRESSES PUBLIC SECTOR SERVICES SUCH AS PAYROLL AND BENEFITS FOR CERTAIN COUNTY POSITIONS AND NEEDS TO EFFECTIVELY DELIVER COUNTY SERVICES AS WELL AS ADMINISTRATIVE NEEDS CAUSED OR EXACERBATED BY THE PANDEMIC.
NUMBER FOUR IS PRETTY STRAIGHTFORWARD.
IT'S PREMIUM PAY FOR WORK PERFORMED BY ESSENTIAL WORKERS DURING THE PUBLIC HEALTH EMERGENCY.
NUMBERS FIVE AND SIX DO NOT NEED TO TIE DIRECTLY TO AN IMPACT OF THE PANDEMIC.
NUMBER FIVE IS INVESTMENTS IN WATER, SEWER AND BROADBAND INFRASTRUCTURE.
AND NUMBER SIX IS THE PROVISION OF GOVERNMENT SERVICES UP TO THE COUNTY'S REVENUE LOSS CALCULATION.
NEXT, I'LL MOVE INTO REPROGRAMING CONSIDERATIONS.
SO A KEY CONSIDERATION TO KEEP IN MIND THAT WE ADVISE ALL JURISDICTIONS WHO ARE AT THIS STAGE IN THE REPROGRAMING IS TO KEEP IN MIND THIS DECEMBER 20TH, 24 OBLIGATION DEADLINE, SOMETHING THAT DIFFERENTIATES ARPA FUNDS FROM OTHER TYPES OF FEDERAL GRANTS IS THAT THERE'S A TWO YEAR GAP BETWEEN THE OBLIGATION DEADLINE AND THE EXPENDITURE DEADLINE, SO FUNDS CAN BE SPENT UNTIL DECEMBER 31ST, 2026.
BUT AFTER 2024, JURISDICTIONS WILL NOT BE ABLE TO REPROGRAM THOSE FUNDS.
SO WE'RE ADVISING TO MOVE FORWARD WITH THAT END OF 2024.
AND I'LL ALSO SAY A NUMBER OF JURISDICTIONS ARE IN A SIMILAR POSITION TO THE COUNTY RIGHT NOW IN THAT THEY'VE GONE THROUGH THEIR SEVERAL ROUNDS OF REPROGRAMING AND THEY'RE NOW LOOKING AT WHICH FUNDS ARE GOING TO BE COMING IN UNDER BUDGET, WHICH PROJECTS NEED TO BE LOOKED AT A SECOND TIME.
THE FIRST ONE HERE, THE COUNTY IS ALREADY ON TRACK WITH THROUGH THE PRIORITY AREA APPROACH.
WE'VE OBSERVED THAT FOCUSING ON THE PRIORITY AREAS RATHER THAN ALLOWS YOU TO SELECT THE BEST PROJECT TO MEET THE NEEDS WITHIN THE PRIORITY AREA, RATHER THAN COMING IN WITH A SPECIFIC PROJECT OR ORGANIZATION IN MIND AND THEN HAVING TO BACK INTO THAT PROJECT'S ELIGIBILITY OR BACK INTO THAT ORGANIZATION'S COMPLIANCE CAPABILITIES INVENTORY AS A FIRST STEP IN THIS REPROGRAMING TAKING A LOOK AT ALL OF YOUR CURRENT PROJECTS AND SETTING CRITERIA FOR WHAT YOU CONSIDER TO BE A SUCCESSFUL PROJECT AND THEN LOOKING AT LIKE WAS MENTIONED, WHICH PROJECTS MIGHT NEED ADDITIONAL FUNDING ALLOCATED DUE TO CIRCUMSTANCES LIKE
[00:50:06]
INFLATION? THIS TIES TO THE NEXT ONE.ONCE YOU'VE IDENTIFIED THE ONGOING OR COMPLETED PROJECTS THAT YOU CONSIDER TO HAVE DEMONSTRATED SUCCESS, CONSIDER ALLOCATING ADDITIONAL FUNDING TO THOSE PROJECTS SO THEY CAN REACH MORE CONSTITUENTS.
AND TO THAT, THE SPEED OF EXECUTION, ALLOCATING TO INTERNAL PROJECTS AND EXISTING PROJECT IS, FROM OUR OBSERVATION, THE QUICKEST WAY TO GET THOSE FUNDS OUT THE DOOR. AND WITH THE 2024 DEADLINE IN MIND, THERE ARE TOOLS AND CUSTOMIZABLE CHECKLISTS WE CAN ASSIST WITH TO HELP EVALUATE PROJECTS FOR RISK OF NONCOMPLIANCE. AND FOR YOUR REFERENCE, THERE'S AN EXAMPLE OF SUCH A TOOL ON THE NEXT SLIDE.
LASTLY, DEFINITELY WANTED TO HIT ON WHAT WAS PREVIOUSLY MENTIONED.
IT'S IMPORTANT TO FLAG THAT CONSTRUCTION PROJECTS THEMSELVES ARE AT THE HIGHEST RISK OF NON COMPLETION DUE TO THE NATURE OF CONSTRUCTION PROJECTS THEMSELVES AND DUE TO THE FACT THAT THERE ARE FEDERAL, MANY COMPLEX FEDERAL REGULATIONS THAT APPLY TO CONSTRUCTION PROJECTS THAT DON'T APPLY TO PROJECTS WITHOUT CAPITAL EXPENDITURES.
AND AT THIS POINT, I'LL RETURN TO THE THE NEXT STEP.
COMMISSIONERS IDENTIFY PRIORITY AREA.
ARE THERE ANY QUESTIONS? JUDGE. JUDGE? YES. COULD I MAKE ONE COMMENT? YES, WE ARE.
THE BUDGET OFFICE IS IN THE PROCESS OF DEVELOPING OUR LONG RANGE BUDGET FORECAST FOR YOU.
IT SHOULD BE READY EARLY NEXT MONTH.
BUT AS YOU GO THROUGH THIS REPROGRAMING, ONE OF THE ELIGIBLE AREAS IS LOST REVENUE REPLACEMENT.
AND SO BASED ON THAT FORECAST, WE MAY HAVE A RECOMMENDATION FOR YOUR CONSIDERATION IN THAT REGARD.
THANK YOU. OKAY, WELL, THAT CONCLUDES THE PRESENTATION FOR TODAY.
IF THERE ARE ANY QUESTIONS OR SUMMATIONS.
ANY QUESTIONS? COMMISSIONER MOODY, AND I APOLOGIZE IF YOU KNOW, OBVIOUSLY I WASN'T HERE FOR THE ORIGINAL PROGRAMING DECISIONS, BUT I JUST HAD SOME QUESTIONS GOING THROUGH THE CURRENT.
SO CAN YOU HELP ME WITH THE ARPA CLEAR CHANNEL OUTDOOR? THAT WAS MARKETING AND THE INITIAL STAGES.
I BELIEVE THAT PROJECT IS DONE.
IS THAT CORRECT? THAT'S A PIO PROJECT THAT WAS JUST ADVERTISING THE ARPA SITUATION, THE ARPA FUNDS, STUFF LIKE THAT FOR SMALL BUSINESSES AND NONPROFITS OR FOR.
NO, THERE WAS A COMMERCIAL. THIS IS UNDER THE ADMINISTRATIVE CATEGORY.
NOW. THERE'S GOING TO BE SOME.
OKAY. MONICA IS HERE TO DISCUSS IT, BUT THERE ARE GOING TO BE SOME IN FACT, THERE'S GOING TO BE QUITE A FEW THAT MIGHT GO TO THIS TYPE OF OF ENDEAVOR. NOW, I BELIEVE YOU'RE ASKING ABOUT THE.
THIS WAS ACTUALLY FOR SOME ADVERTISING THAT WE DID WHEN WE FIRST GOT SOME OF THIS FUNDING.
AND I'LL HAVE TO GO BACK AND TAKE A LOOK.
YEAH, THERE WERE BILLBOARDS TO ENCOURAGE PEOPLE TO GET VACCINATED.
IT WAS FOR THAT LAST PUSH AS WE WERE GETTING THE RESURGENCE OF THE NEXT STRAIN, I BELIEVE.
AND THEN THAT'S WHERE THE TEXAS CREATIVE DID AS WELL.
THAT'S THE COMPANY THAT DID ALL THE AGENCY BUYS AND DID THE CREATIVE FOR US.
OKAY. AND I HAVE A FEW OF THESE, SO I'LL JUST TRY TO BE BRIEF.
THERE'S GOING TO BE STIPENDS FOR THOSE THAT ARE CARRYING ADDITIONAL BURDENS.
THERE'S GOING TO BE A FULL FLEDGED EMPLOYEES STAFF BY THAT.
SOME SOME. I THINK WE'RE IN THE INITIAL PHASES UNDER ECONOMIC DEVELOPMENT AND THE GETTING OUT OF THE DIRECT CLIENT SERVICES, THINGS LIKE THAT. IT'S AND IT'S OVER A FIVE YEAR PERIOD, THAT'S 1.8 MILLION DIVIDED BY FIVE PER YEAR.
OKAY. ISN'T THERE WASN'T THERE ALSO, THERE'S ALSO FEES FOR GUIDEHOUSE.
THAT'S UNDER THE GUIDEHOUSE ITEM THAT'S THERE.
[00:55:01]
1.3. 1.3 MILLION.SO I DON'T KNOW IF THAT'S OUR INTERNAL COUNTY SUPPORT FOR THAT FUNDING ITEM.
YOU KNOW, ADDITIONAL PERSONNEL THAT WE HIRED AT THE COUNTY LEVEL, BECAUSE THAT ONE STANDS OUT.
I MEAN, I WAS JUST ADDING UP ALL THE THE PERSONNEL AND OPERATING COSTS ACROSS MULTIPLE CATEGORIES.
AND YOU'RE TALKING ABOUT THE 16.9 FOR THE SMART PROGRAM? NO, THE 16.4 FOR THE PERSONAL AND OPERATING COSTS DOMESTIC VIOLENCE HOTLINE IS THAT.
WHAT ARE YOU LOOKING AT? 16.3.
16.4. THAT'S UNDER THE DOMESTIC VIOLENCE.
NOW, THOSE ARE ACTUAL DEPUTIES.
I'M GOING TO CALL THEM DEPUTIES.
SO THAT'S AN ACTUAL PROGRAM FOR THE DOMESTIC VIOLENCE.
IT'S ALL CREDIBLE EXPENSES FOR PEOPLE THAT ARE OUT IN THE FIELD TAKING CARE OF DOMESTIC VIOLENCE.
THAT INCLUDES ARMED PERSONNELS, MAYBE DETECTIVES, I'M NOT SURE.
BUT I GUARANTEE YOU THAT'S THAT'S ALL DIRECT.
YEAH, I'M JUST TRYING TO UNDERSTAND.
I BELIEVE IT'S UNDER THE DISTRICT ATTORNEY'S OFFICE, IF I'M NOT MISTAKEN.
UM, ANOTHER QUESTION ON THE BROADBAND INFRASTRUCTURE.
SO WE HAD ALLOCATED 25 MILLION.
BUT WE HAVEN'T LIKE, PULLED THAT BACK AT THIS POINT.
AND WITH SAVINGS, OBVIOUSLY, WE MAY BE ABLE TO DO MORE THAN WHAT WE'VE SEEN INITIALLY.
BUT THAT'S SOMETHING THAT IN JUNE, JULY, AUGUST, YOU'RE SAYING, OKAY, THAT'S THAT'S IT.
WE'RE RE CLAWING SOME OF THIS MONEY FOR REPROGRAMING.
THAT'S A PERFECT EXAMPLE OF THAT.
THE UNIVERSITY HEALTH PUBLIC HEALTH DIVISION, $40 MILLION.
UNIVERSITY HELD $40 MILLION UNDER PUBLIC HEALTH.
I KNOW THERE'S A. THAT'S FOR OUR NEW PUBLIC HEALTH DIVISION AT THE COUNTY.
GUAJARDO. AND 30 MILLION OF THAT IS GOING TO BUILD OUR NEW BUILDING FOR PUBLIC HEALTH.
THAT WILL BE ACROSS FROM TEXAS A&M NEXT TO OUR NEW HOSPITAL ON THE SOUTH SIDE.
SO THAT'S THAT'S A SEPARATE INVESTMENT.
YEAH, I ACTUALLY THINK THE COURT REPROGRAMED SOME OF THAT 40 MILLION.
I BELIEVE THAT MIGHT BE CORRECT.
10 MILLION, I BELIEVE, WENT TO UT HEALTH SCIENCE CENTER SCHOOL OF PUBLIC HEALTH.
I THINK WHAT ENDED UP BEING BUDGETED FOR THE UAH PUBLIC HEALTH WAS 20.
WELL, WE STILL HAVE THE 10 MILLION TO UT HEALTH ON HERE AS WELL.
WELL, THERE'S SO MANY NUMBERS IT'S HARD TO SORT OUT HERE.
WE HAVE UNIVERSITY HEALTH, PUBLIC HEALTH DIVISION, 40 MILLION.
AND THEN WE HAVE UT HEALTH ESSER SCHOOL OF PUBLIC HEALTH, 10 MILLION.
RIGHT. AND THERE IS A LONG THERE'S 100 AND SOME PROJECTS WE HAVE LISTED.
IT'D PROBABLY BE BEST IF I GET YOU THAT LIST AND WE CAN GO THROUGH IT SPECIFICALLY FOR EACH PROJECT.
SOME OF THESE MIGHT BE GROUPED TOGETHER.
I MEAN, I'M JUST TRYING TO MAKE SURE THAT, YOU KNOW, THE FUNDS THAT WE'RE WE'RE SPENDING IN THESE CATEGORIES, ESPECIALLY WHEN WE'RE TALKING ABOUT EIGHT DIGIT ASKS THAT IT'S BEING WELL SPENT.
AND I KNOW THAT THERE'S A NEED ON THE SOUTH SIDE, THE A&M HOSPITAL.
BUT, YOU KNOW, UNIVERSITY HEALTH'S ALSO COLLECTING $600 MILLION TOWARDS THAT.
OKAY. BUT BUT YOU UNDERSTAND THE 40 MILLION IS NOT FOR US, RIGHT? MAJORITY OF THAT WENT TO OUR OWN OUR NEW PUBLIC HEALTH DIVISION UNDER BEAR COUNTY THAT'S GOING TO PARTNER WITH US.
[01:00:07]
SO, YEAH, IT WOULD JUST BE LIKE SEEING THE BREAKDOWN OF WHAT THAT LOOKS LIKE.YEAH. JUDGE, I HAVE A FEW STATEMENTS.
I'M NOT GOING TO ASK ANY QUESTIONS.
I'M AS CONFUSED ABOUT SOME OF THESE CATEGORIES AND WHERE THE MONEY'S GOING AS ANYBODY ELSE HERE.
BUT I JUST WANT TO MAKE ANOTHER STATEMENT FOR THE PUBLIC RECORD THAT I'VE MADE BEFORE.
THERE WERE A LOT OF GOOD APPLICANTS WHO GOT ARPA FUNDING, AND I DON'T WANT THIS TO CAST ANY ASPERSIONS ON THEM, BUT I WAS UNCOMFORTABLE WITH THE LACK OF PROPER VETTING BY STAFF, CONSULTANTS AND ALL WITH OVERSIGHT OBLIGATIONS UNDER FEDERAL TREASURY GUIDELINES.
THERE WERE AGAIN MANY POSITIVE ALLOCATIONS, BUT BECAUSE OF A LACK OF DUE DILIGENCE AND IT'S CLEAR TO ME WE DON'T HAVE A TIGHT HANDLE ON ALL THE PROGRAMS. I ABSTAINED FROM THE FUNDING, SO I JUST WANT TO MAKE THAT AS A MATTER OF PUBLIC RECORD.
THANK YOU. LET ME LET ME MAKE SOME COMMENTS.
AS I SAID EARLIER, I'M THE NEW GUY HERE ON THE COURT.
AND I WANT TO THANK MANUEL AND I WANT TO THANK OUR CONSULTANTS MILA AND LUISA ON FROM GUIDEHOUSE.
NOW THE REALITY IS, AND ONE OF THE REASONS WHY I, I BELIEVE I'M THE ONE THAT KIND OF SOUNDED THE ALERT AND ASKED THAT EVERYBODY COME IN, AT LEAST FOR THIS FIRST WORK SESSION. AND MAN, YOU YOU'VE CORRECTLY STATED IT.
SO ONE OF THE COMMON THEMES OF MANY ORGANIZATIONS SEE ME SINCE I'VE BEEN IN HERE NOW NEARLY FIVE MONTHS IS THIS ARPA MONEY? SOME HAVE SAID THEY'VE BEEN PROMISED.
SOME SAID THAT THAT THEY THOUGHT THEY HAD IT.
AND THE REALITY IS, NO, THEY HAVEN'T BEEN AWARDED.
SOME OF THEM HAVE THINGS IN WRITING AND SOME DON'T.
SOME HAVE THINGS APPROVED BY THE COURT.
I THINK WE APPROVED A TRANCHE OF MONEY JUST IN A COUPLE OF MEETINGS AGO.
AND SO MOVING FORWARD AND I THINK THAT'S THE KEY.
YOU KNOW, WHAT'S HAPPENED IN THE PAST HAS HAPPENED.
WHAT WE NEED TO DO IS ESTABLISH A PROCESS WHERE WE NEED TO LEVEL THE PLAYING FIELD TO CREATE EQUITY.
AND THAT'S ONE THING THAT I WANT TO MAKE SURE OUR FUNDING GOES TO.
WE NEED TO ACT WITH A SENSE OF URGENCY.
AND I THINK I'VE SOUNDED THE ALARM.
OBVIOUSLY, WE STILL HAVE ANOTHER YEAR AND A HALF, BUT I WOULD LIKE TO SEE THAT WE HAVE A SOLID PLAN WITHOUT QUESTION OR CONFUSION BY THE END OF THE YEAR AND THAT WE KNOW WHERE WE'RE GOING.
SO IF WE DON'T COMMIT THIS FUNDS, IT'S ALREADY BEEN ALERTED.
IN FACT, THAT'S THE CURRENT DISCUSSION RIGHT NOW IN CONGRESS.
ONE THING I'VE LEARNED FROM THE CONSULTANTS IS THAT WE'RE NOT THE ONLY COUNTY IN THIS POSITION.
THIS IS AN UNPRECEDENTED FUNDING OPPORTUNITY.
AND RIGHTFULLY, THERE IS SOME CONFUSION AS WE GO FORWARD, ALSO TO A LACK OF CLARITY.
AS AN EXAMPLE THAT I DISCUSSED WITH MR. LIAO AND THE CONSULTANTS COURT IS THAT WE'RE GOING TO HAVE TO GET CLARITY IN REGARDS TO SOME OF THE PROGRAMS WE'VE CREATED.
AND I WILL GIVE YOU ONE EXAMPLE, THE ONE EXAMPLE, AND MR. SMITH, YOU'VE BEEN INVOLVED IN THAT IS THE CREATION OF THE COURTS, THE FELONY IMPACT AND THE FAMILY VIOLENCE COURT IN COUNTY COURT AT LOS.
CORRECT? THERE'S ALREADY BEEN A REQUEST BY THE JUDGES TO MOVE THAT JUDGE AND BRING THAT JUDGE UNDER THEIR JURISDICTION, SO TO SPEAK, OF JUST REASSIGNING THEM A COURT INITIALLY, I THOUGHT, OKAY, THERE'S THERE MAY NOT BE A PROBLEM WITH THAT.
BUT IN DISCUSSIONS WITH MR. LEAL AND THE CONSULTANTS, THIS ARPA FUNDING WAS FUNDING THE PROGRAM, THE COURT NOT FUNDING THE INDIVIDUAL. SO IF THERE IS GOING TO BE A REPROGRAMING, A REASSIGNMENT, SO TO SPEAK, IT STILL HAS TO COMPLY WITH ARPA, IT STILL HAS TO BE APPROVED BY THE COURT.
WHAT I'M SAYING, QUITE SIMPLY, IS THOSE EMPLOYEES ARE NOT.
AND MR. SMITH, WHAT'S THE WORD? IT'S NOT FTE OF THE COUNTY.
[01:05:03]
CORRECT. FULL TIME EMPLOYEE, I BELIEVE.WELL, I BELIEVE THEY ARE, BUT THERE ARE.
WHICH MEANS IF ONCE THE PROGRAM IS COMPLETED OR THERE'S NO LONGER, THAT PROGRAM GOES AWAY, UNLESS THE COURT WANTS TO THEN MOVE THAT POSITION TO GENERAL REVENUE. ISN'T THAT THE WAY IT WORKS? YES, SIR. AND I BELIEVE, AS A LOT OF ORGANIZATIONS HAVE COME, SOME DON'T UNDERSTAND THAT.
AND I THINK THAT'S SOMETHING THAT NEEDS TO BE MADE VERY CLEAR TO EVERYBODY.
CORRECT, MR. SMITH? YES, SIR. AND SO THAT IS ALSO ANOTHER FIGURE WE NEED TO KNOW, MR. SMITH, WHEN THESE FUNDS RUN OUT, HOW MUCH IS THE COUNTY GOING TO GET HIT WITH? AND WE'VE GOT TOUGH DECISIONS TO MAKE.
DO WE CONTINUE PROGRAMS THAT ARE SUCCESSFUL BUT NO LONGER VIABLE OR NEEDED UNDER THE ARPA MONEY? AND SHOULD WE CONTINUE IT AS A MATTER OF GENERAL REVENUE OR DO WE HAVE TO MAKE TOUGH DECISIONS, SAY, HEY, THE RAISES FOR THE EMPLOYEES TAKE SOME PRECEDENCE HERE.
AND SO ALTHOUGH WE'VE GOT TREMENDOUS OPPORTUNITIES, WE DO HAVE TREMENDOUS CHALLENGES.
MY PRIORITIES FOR REPROGRAM ARE THE FOLLOWING ENSURING THAT OUR CURRENT ARPA CONTRACTS ARE LEGALLY DEFENSIBLE AND DON'T EXPOSE THE COUNTY TO LIABILITY.
AND SO ONE OF THE EXAMPLES I'VE IN COMMUNICATION WITH MR. LIAO AND WITH THE CONSULTANTS IS THAT I WANT TO START BRINGING THE CONSULTANTS IN.
I THINK I'VE BELIEVE IT'S STILL WITHIN THEIR CONTRACT TO DO SO AND START BRINGING IN THE INDIVIDUAL ORGANIZATIONS THAT ARE HAVING DIFFICULTIES EITHER, AS YOU SAY, MR. LIAO, IN YOUR CHART AND I APPRECIATE YOUR CHART.
WHERE YOU HAVE THE VARIOUS CATEGORIES.
SO I BELIEVE WHAT WE NEED TO DO IS WE NEED TO BRING THOSE ORGANIZATIONS IN.
I THINK ONE ORGANIZATION THAT IS HAVING ISSUES IS THE UT HEALTH SCIENCE CENTER.
AND SO I WANT THAT MATTER RESOLVED.
IF THERE ARE OBSTACLES OR HURDLES OF COMPLIANCE OR QUALIFICATION, THEN LET'S GET CLEAR.
EITHER THESE ARE THE STIPULATIONS WE'VE GOT TO HAVE IN ORDER FOR US TO MOVE FORWARD.
IF YOU CAN'T MOVE THE STIPULATIONS, THEN WE'RE NOT GOING TO GRANT THE MONEY.
PEOPLE NEED ANSWERS AND I WANT TO GIVE THEM ANSWERS OTHER THAN SAYING, WELL, WE'LL LOOK INTO IT AND WE'LL BRING IT BACK TO THE COURT WHEN ACTUALLY WE SHOULD HAVE A PROCESS THAT'S ONGOING AS OPPOSED TO TAKING EACH ISSUE AS IT COMES UP BEFORE THE COURT.
I ALSO WANT TO ENSURE WE'RE COMPLYING WITH ATA GUIDELINES AND NOT PUTTING OURSELVES AT RISK OF FUNDS GETTING CLAWED BACK OR THE COUNTY GETTING FINED OR IN THE WORST CASE SCENARIO, GETTING A TEMPORARY PROHIBITION ON ACCESSING FEDERAL FUNDS.
THAT WOULD BE THE MOST CATASTROPHIC CIRCUMSTANCE.
USING THESE UNPRECEDENTED PRESENTED FUNDS TO ADDRESS ONE OF THE COUNTY'S MOST PRESSING CHALLENGES IS AND I'LL BRING IT BACK TO THE COURT, MANAGING THE JAIL, THE LAW ENFORCEMENT OVERTIME AND ADDRESSING OUR ISSUES AT THE JAIL.
WE JUST STILL HAVE AN ISSUE THERE THAT WE MUST NOT OVERLOOK.
AND I WANT TO DEPLOY THESE RESOURCES IN AN INTENTIONAL WAY TO ADDRESS ONGOING EFFECTS.
WE'VE GOT SOME REALLY GREAT INITIATIVES.
WE'VE GOT THE DIGITAL DIVIDE, WE'VE GOT THE SMALL BUSINESS AND WE'VE GOT THE PUBLIC HEALTH.
AND I SEE TREMENDOUS OPPORTUNITIES.
BUT I KEEP GETTING RESPONSES THAT THERE'S THIS GLITCHES, OBSTACLES AND I THINK IT'S UP TO THE COUNTY TO START PROVIDING THE GUIDANCE, THE CLARITY THAT EVERYBODY NEEDS, WHICH MEANS WE MAY NEED EVERYBODY TO PULL TOGETHER.
MEANING MR. LIAO NEEDS YOUR OFFICE.
SO, MR. LIAO AND CONSULTANTS, YOU'VE HEARD MY CONCERNS.
I WANT THIS TO REALLY BE A HIGHLY SUCCESSFUL AND CONSULTANTS.
I WANT BEAR COUNTY TO BE THE SHINING EXAMPLE OF HOW YOU SPENT AND DEALT WITH ARPA MONEY.
THAT'S MY GOAL AND STANDARD THAT I'M SETTING FOR YOU ALL.
[01:10:01]
THANK YOU. CAN I HAVE A COUPLE OF QUESTIONS AND COMMENTS? SO WHEN YOU SAY JUDGE CONSULTANTS, ARE YOU TALKING ABOUT GUIDE HOUSE? GUIDE HOUSE. SO I JUST WANT TO MAKE SURE WE'RE ALL AWARE.THIS IS SOMETHING I TALKED ABOUT WHEN GUIDE HOUSE FIRST CAME.
NOTHING PERSONAL, AS YOU ALL KNOW.
AND THAT'S WHY WE BROUGHT ON MORE STAFF AND THEY YOU GUYS COMMUNICATE WITH THEM AS NEEDED.
SO I JUST WANTED TO MAKE SURE THAT THAT WE WERE CLEAR ON THAT.
COMMISSIONER MOODY THAT YOU WERE ASKING ABOUT IN TERMS OF ADMINISTRATIVE COST AND ALL AND ALL THAT.
SO I JUST WANTED TO TO SAY THAT AND I AND I JUST WANT TO THANK MANUEL, MELISSA THOMAS, THE OTHER MEMBERS OF THE ARPA TEAM, BECAUSE I KNOW $389 MILLION WAS A LARGE CHUNK OF CHANGE TO GET ALL AT ONCE WHERE WE GOT INTO IN TWO PARTS.
BUT YOU GUYS AND THE REST OF YOUR STAFF HAVE REALLY, I THINK, DONE A GOOD JOB.
WHENEVER ESSER I HAVE QUESTIONS ABOUT ANYTHING OR MY STAFF.
YOU GUYS HAVE THE ANSWERS FOR ORGANIZATIONS, FOR FUNDING, FOR HOW THINGS ARE GOING.
I KNOW YOU HAVE DO YOU HAVE MONTHLY MEETINGS WITH THE CHIEFS OF STAFF, IS THAT CORRECT? THOSE DO OCCUR, YES.
SO I JUST THINK THAT THAT'S SPEAKS TO TRANSPARENCY.
AND I JUST APPRECIATE THE WORK THAT YOU AND YOUR TEAM HAVE BEEN DOING.
AND I WORKED WITH CONTRACTS IN MY IN MY PREVIOUS LIFE.
IT IS NOT EASY. YOU HAVE TO BE ORGANIZED.
SO I APPRECIATE THE WORK OF YOUR TEAM.
WE DO HAVE BIWEEKLY, BY THE WAY.
ANY FURTHER COMMENTS? COMMISSIONER MOODY? SO I JUST WANTED TO FOLLOW UP AND I APPRECIATE THE COMMENTS OF MY COLLEAGUES HERE.
I'M TRYING TO UNDERSTAND WHAT OUR NEXT STEPS ARE, BECAUSE AS WE'RE GOING FORWARD AND I APPRECIATE GUIDEHOUSE WALKING US THROUGH THIS AND AND UNDERSTANDING, YOU KNOW, WE CAN SET UP A MEETING AND WE CAN TALK ABOUT SOME OF THE PREVIOUS PROJECTS THAT HAVE BEEN BEEN FUNDED OR, YOU KNOW, THE QUESTIONS ABOUT WHETHER THEY'RE GOING TO GO UNDER CONTRACT. BUT AND I DO THINK THAT'S IMPORTANT, AGAIN, BECAUSE TRYING TO PUSH SOME OF THOSE TO DETERMINE HOW MUCH IS COMING BACK AND WHEN WILL HELP US MAKE THOSE DECISIONS, YOU KNOW, AS A COURT IN TERMS OF PRIORITIZING THAT SPEND ON ON PRIORITIES GOING FORWARD.
BUT TO TAKE THIS A STEP FURTHER, WE HAVE CLOSE TO 7 MILLION THAT'S DEFINITELY COMING BACK.
AND THAT'S FROM YOUR SLIDE, RIGHT? AND SO IT'S LIKELY TO COME BACK.
SO BESIDES THE HIGH LEVEL CONVERSATION AROUND, YOU KNOW, DIRECTION WITH PRIORITIES OR SPECIFIC PROJECTS, HOW DO WE START HAVING THAT CONVERSATION ABOUT, SO WHERE DO WE WANT THAT 7 MILLION TO GO? BECAUSE I'M OF THE MIND THAT I THINK THAT THIS STUFF IS PROBABLY GOING TO TRICKLE BACK OVER THE NEXT 18 MONTHS.
AND SO WE KIND OF HAVE TO HAVE A PROCESS THAT IS DYNAMIC AND CONTINUOUS IN TERMS OF WHAT THE COURT'S PRIORITIES ARE AND HOW WE CONTINUE TO.
THERE'S THREE NEW PROJECTS THAT WE CAN START MOVING FORWARD ON RATHER THAN WAITING TILL SOME SPECIFIC POINT IN TIME WHERE NOW WE HAVE 25 MILLION OR WE HAVE $40 MILLION TO TO HAVE SOME VERY SET PROCESS VERSUS TRYING TO MAKE IT MORE FLUID.
WHAT ARE YOUR THOUGHTS ON THAT? I DON'T DISAGREE WITH YOU, COMMISSIONER.
I THINK THIS IS THE WHOLE THING.
I KEEP USING THE TERM MOVING TARGET.
THAT'S WHERE WE'RE AT RIGHT NOW.
WE'VE IDENTIFIED THERE WILL BE SAVINGS.
WE HAVE IDENTIFIED THAT THERE'S A BEGINNING AMOUNT THERE WILL BE MORE.
IF YOU THE COURT DECIDES TO NARROW THOSE PRIORITIES TO GET FOCUSED.
HOLD ON, MANUEL, BECAUSE THAT WAS THE MISTAKE WE MADE RIGHT FROM THE START.
WHAT YOU CAN'T DO, ACCORDING TO TREASURY, IS TO PICK A PROJECT OUT OF THE BLUE.
YOU HAVE TO GO THROUGH A PROCESS.
SO THE COURT HAS TO IDENTIFY I'LL JUST USE AN EXAMPLE HOUSING.
YOU CAN EVEN SAY PERMANENT SUPPORTIVE HOUSING.
THEN WE HAVE TO SOLICIT RESPONSES FOR THAT FUNDING.
[01:15:05]
THEN YOU CAN SELECT THE SPECIFIC PROJECT.SO THAT'S PART OF THE DELAY IN GETTING THOSE INITIAL CONTRACTS OUT.
THE COURT SELECTED PROJECTS BUT DIDN'T HAVE THEY WEREN'T IN THESE PRIORITIES.
AND SO WE HAD TO GO BACK TO MAKE SURE THAT THEY COULD COMPLY WITH SOME KIND OF CALL SOLICITATION.
YEAH, BUT I'M THINKING FROM THE COURTS STANDPOINT, IF WE FEEL THERE'S BEEN GAPS OR THINGS MISSED OR UNIQUE SITUATIONS THAT DEFINITELY FIT INTO THOSE CATEGORIES, RIGHT? SO WE HAVE A LIST OF PROJECTS OR OR GAPS THAT WE THINK COULD POTENTIALLY BE FILLED BY ARPA DOLLARS.
WE'VE WE'VE GONE OVER IT AT A HIGH LEVEL WITH GUIDEHOUSE AND STAFF.
SO WHAT IS THE PROCESS BESIDES PUTTING IT ON AN AGENDA ITEM LIKE THE IMPACT COURT AND JUST BRINGING IT TO COURT, WHICH THERE WERE CONCERNS ABOUT? WELL, WHAT IS THE PROCESS? YOU KNOW, ARE WE GOING TO DO THESE ONE OFF OR ARE WE GOING TO, WITHIN THIS WORKING SESSION, TALK ABOUT, YOU KNOW, WHAT ARE THOSE CATEGORIES? LIKE THE JUDGE MENTIONED THAT WE WANT TO FOCUS ON AS FAR AS PRIORITIES? AND THEN WHAT ARE THOSE INDIVIDUAL ITEMS THAT COULD FIT INTO THAT? WE HAVE SOME WATER AND SEWER PROJECTS THAT ARE THAT ARE NEEDED.
BUT SHORT OF MY TEAM PUTTING SOMETHING TOGETHER AND ASKING, YOU KNOW, A SPECIFIC AGENDA ITEM AND BRINGING IT TO COURT, HOW DO WE EXECUTE ON THIS TODAY AS AS DAVID SAID, AND IT WAS IN THE SLIDE THERE, WE WILL NEED TO IDENTIFY YOUR PRIORITIES AS A COURT MOVING FORWARD.
HE'S EXACTLY CORRECT IN WHAT HE STATED.
I WAS JUST TALKING A LITTLE FAST, BUT THOSE STEPS NEED TO OCCUR.
BUT MR. SMITH IS CORRECT. SOLICITATION, UNLESS IT'S INTERNAL.
YOU KNOW, LIKE AN IMPACT COURT IS REALLY NO SOLICITATION HERE.
BUT THE IMPORTANT PART IS THE VETTING OF THE PROJECT.
WHAT'S THEIR STATEMENT OF WORK? DOES IT FIT WITHIN THE GUIDELINES OF THE FINAL RULE? THOSE ARE THE TYPES OF THINGS THAT NEED TO OCCUR NO MATTER WHAT.
CAN I. CAN I MAKE A SUGGESTION? LET US GET YOU THE BUDGET FORECAST FIRST.
YES. BECAUSE PART ONE FACTOR YOU'RE GOING TO SEE IN THAT FORECAST IS WE ARE TRYING TO ESTIMATE WHICH OF THESE PROJECTS THAT ARE ARPA FUNDED.
YOU WILL WANT TO KEEP FUNDING WHEN THESE EXPIRE.
SO I WANT THIS IS HOW I WHEN I PRESENT MY PROPOSED BUDGET, THIS IS HOW I LOOK AT IT.
I LOOK AT IT THROUGH THAT FIVE YEAR FORECAST.
I BELIEVE YOU WILL WANT TO KEEP FUNDING TOWARD THE END OF THAT FORECAST.
AND SO THE SOONER WE BEGIN TO TAKE CORRECTIVE ACTION.
YOU'RE LOSING. YOU SEE YOU'RE LOSING ALTITUDE.
YOU START MAKING THE ADJUSTMENT.
THEN YOU CAN DECIDE WHETHER USING SOME OF THESE ARPA FUNDS AS REVENUE REPLACEMENT, EVEN THOUGH THEY'RE NOT RECURRING REVENUE, THEY MIGHT HELP CUSHION THE BLOW OUT.
SO LET US SHOW YOU THAT IN A COUPLE OF WEEKS AFTER THAT, I WOULD WHATEVER PROCESS THIS COURT WANTS TO USE TO IDENTIFY YOUR NEXT PRIORITIES, THAT'S 100% UP.
IS THIS A COMMENT ON REVENUE REPLACEMENT? BECAUSE WE TALKED A LOT ABOUT THIS PREVIOUSLY AND I WAS TRYING TO PUSH TO PUT AS MUCH AS YOU'LL REMEMBER, DAVID, AS MUCH MONEY AS POSSIBLE IN REVENUE REPLACEMENT BECAUSE WHEN IT'S REVENUE REPLACEMENT, WE HAVE GREATER LEEWAY TO SAY WHERE IT GOES AND NOT NECESSARILY UNDER ALL THE LEGAL RAMIFICATIONS OF ARPA.
MY MY ONLY CAUTION COMMISSIONER, WITH THAT IS YOU MAY NEED IT AS REAL REVENUE REPLACEMENT.
RIGHT. BUT THEN WE CAN USE IT FOR WHAT WE NEED.
IN OTHER WORDS, YOU MAY NEED IT TO BALANCE THE BUDGET, THE BOOKS THREE YEARS FROM NOW.
[01:20:04]
THIS TWO WEEKS AGO, BUT THE THE HIGHEST VALUE TO ME ARE THOSE PROJECTS THAT ARE ACTUALLY GOING TO SEE A RETURN ON INVESTMENT FOR THE COUNTY, SAY THE IMPACT COURT, IF WE CAN EFFECTIVELY MITIGATE OR ELIMINATE, YOU KNOW, $10 MILLION, $15 MILLION A YEAR IN OVERTIME COSTS BY INVESTING TWO, THREE, $4 MILLION THERE, THAT'S A HUGE WIN FOR THE COUNTY.THE SECOND PRIORITY WOULD BE, WELL, WHAT ARE THOSE THOSE ITEMS LIKE INFRASTRUCTURE THAT WE ARE GOING TO BE FORCED TO INVEST IN ANYWAY, RIGHT.
PROJECTS THAT ARE GOING TO COME BEFORE THIS COURT.
AND EITHER THEY'RE GOING TO COME OUT OF THE GENERAL FUND OR THEY'RE GOING TO COME OUT OF ARPA.
AND IF THEY QUALIFY FOR ARPA, WHY WOULDN'T WE USE THE ARPA DOLLARS? AND THEN I THINK WHAT YOU'RE SUGGESTING, DAVID, IS THERE'S ALSO THE ABILITY FOR SOME OF THIS IN A BROADER SENSE TO BACKFILL LOST GENERAL REVENUE FUND.
WE'RE STILL BUDGET'S STILL RUNNING THE NUMBERS, BUT IF THAT'S THE CASE, WE'LL MAKE THE COURT AWARE.
AND TO CORRECT THE RECORD, IT WAS 40 MILLION TO US, BY THE WAY.
HOWEVER, IT'S FOR TWO DIFFERENT FACILITIES.
ONE IS FOR THE INSTITUTE OR THEIR SCHOOL OF PUBLIC HEALTH ON NEAR THE TEXAS A&M CAMPUS.
AND THE OTHER ONE IS FOR A FACILITY IN COMMISSIONER CALVERT PRECINCT, I-10 AND A&M A&M.
SO ISN'T THAT WHERE THEIR CAMPUS, THE SCHOOL OF PUBLIC HEALTH, IS IN COMMISSIONER MOODY'S PRECINCT.
NO, NO, NO. THE UAS PUBLIC HEALTH FACILITY.
AND YEAH, OUR NEW PUBLIC HEALTH BUILDING THAT WE'RE GOING TO DO.
YEAH, IT'S US IS THE ONE WHO'S DOING THAT.
OKAY. THAT'S ALL I HAVE RIGHT NOW.
THANK YOU. ANY FURTHER COMMENTS? THANK YOU ALL. APPRECIATE THE REPORT.
THAT CONCLUDES THE DISCUSSION OF ITEM THREE.
ITEM FOR DISCUSSION OF APPROPRIATE ACTION REGARDING PURCHASING POLICIES, PROCEDURES AND PROCESSES.
[4. Discussion and appropriate action regarding purchasing policies, procedures and processes. ]
MS.. TORRES, YOU'RE UP.GOOD MORNING, JUDGE. AND COMMISSIONERS, BEFORE YOU BEFORE YOU YOU SEE THE PREVIOUS POWERPOINT PRESENTED TO COMMISSIONERS COURT ON MAY 2ND, ITEM 56 A FOR ANY QUESTIONS OR SPECIFIC QUESTION ON A SPECIFIC SLIDE.
IS THIS THE SAME PRESENTATION YOU DID LAST TIME? THAT'S CORRECT. I THINK THAT'S WHAT SHE'S ASKING.
OKAY. SHE'S GOING TO MAKE THE SAME PRESENTATION FROM LAST COMMISSION, OF COURSE.
ALL RIGHT. DO WE GO STRAIGHT TO COMMENTS OR QUESTIONS? I DID HAVE JUDGE, I HAVE SOME SOME SOME WELL, PROCUREMENT PURCHASING QUESTIONS.
THEY'RE THEY'RE MORE FOR, I THINK THE COUNTY DEPARTMENTS.
SO I DON'T KNOW IS PUBLIC WORKS OR FACILITIES HERE.
I THINK THEY ARE I THINK THEY ARE.
OKAY, SO THANK YOU, DAN? YOU'RE FINE. DID YOU WANT TO SAY SOMETHING? GO AHEAD, COMMISSIONER. GO AHEAD. YOU'RE MORE THAN WELCOME.
NO, I JUST DIDN'T KNOW IF WE WERE GOING TO TALK ABOUT THE OVERVIEW OF THE PROCUREMENT CYCLE OR WHETHER WE WERE GOING TO GET INTO THE DISCUSSIONS ABOUT THE CHANGES THAT I SAW SOME EMAIL TRAFFIC ON.
WHO SENT THAT? WHO SENT THAT? US. THE THE COUNTY MANAGER OR I'LL LET YOU GUYS GO AHEAD AND THEN I'LL ASK QUESTIONS.
[01:25:03]
WAS IT FROM FACILITIES OR YOU'RE NOT SURE? I'M JUST HERE TO ANSWER ANY QUESTIONS.I DON'T KNOW WHAT YOU'RE REFERRING TO BECAUSE I'M STILL I HAVEN'T I HAVEN'T EVEN SEEN THE PROPOSED NEW PURCHASING POLICY, SO I COULDN'T TELL YOU WHAT THE CHANGES ARE. OKAY.
WERE THEY'RE NOT EMAILS POINTING TO.
OKAY. SO ONE OF THE THINGS I WANTED TO POINT OUT TODAY IS THAT THE COURT HAS ADOPTED A POLICY THAT PERMITS DEPARTMENTS TO DIRECTLY PROCURE CERTAIN PROFESSIONAL SERVICES OUTSIDE OF THE PURCHASING DEPARTMENT.
AND IN ORDER FOR THAT TO HAPPEN, THE DEPARTMENT MUST ONE REPORT TO THE COMMISSIONERS COURT AND TWO, OBTAIN APPROVAL OF THE RFP FROM THE COMMISSIONER'S COURT, AND THREE, USE A STANDARD REQUEST FOR PROPOSAL.
SO FOR PROCUREMENT, FOR ARCHITECTURE AND ENGINEERING SERVICES, THE PUBLIC WORKS DEPARTMENT OR THE FACILITIES DEPARTMENT AS APPROPRIATE, PREPARE THE REQUEST FOR QUALIFICATIONS, AFTER WHICH A TWO STEP PROCESS IS A IS APPLIED FOR SELECTION DETERMINATION OF THE MOST QUALIFIED PROVIDER BASED ON COMPETENCE AND QUALIFICATIONS. THEN NEGOTIATION OF A CONTRACT FOR A FAIR AND REASONABLE PRICE.
AND SO THERE ARE A COUPLE OF THINGS THAT I JUST WANT TO KNOW IN TERMS OF OUR OUR PROCESS.
WE HAD SOME FINDINGS WITH RESPECT TO IT.
ONE OF THE FINDINGS WAS THAT THERE IS AN INFORMAL NETWORK OF PRIME CONTRACTORS.
SO THE FINDINGS THAT WE HAD READ THAT WHILE RELATIONSHIP BUILDING IS A PART OF DOING BUSINESS, INFORMAL NETWORKS CAN EXCLUDE CERTAIN BUSINESSES FROM OPPORTUNITY BY SIMPLY FAVORING THE SAME FIRMS IN THE BEST CASE SCENARIO, OR BY PROVIDING BACKCHANNELS TO INFORMATION AND PREFERENCE IN THE WORST CASE.
IN THIS STUDY BY THE BY THE COUNTY, MORE THAN 58.6% OF WOMEN OWNED, MINORITY OWNED BUSINESS ENTERPRISES SURVEYED.
THEY RESPONDED THAT THEY AGREED THAT AN INFORMAL NETWORK OF PRIME CONTRACTOR CONTRACTORS AND SUBCONTRACTORS MONOPOLIZE WORK WITH THE COUNTY, AND ABOUT 49.4% OF MINORITY WOMEN BUSINESS ENTERPRISES SURVEYED RESPONDED.
ONE FOCUS GROUP, PARTICIPANT IN A PUBLIC HEARING ATTENDEE ALL NOTED A TENDENCY OF PRIME CONTRACTORS TO HIRE SUBCONTRACTORS FROM A POOL OF LARGER FIRMS THAT ARE NOT FROM BEAR COUNTY OR THE SAN ANTONIO AREA.
SO MY QUESTION FOR THE COUNTY MANAGER FOR FACILITIES AND PUBLIC WORKS IS HOW ARE YOU DEALING WITH THAT FINDING? SO. OTHER OTHER THAN TRYING TO BE AS TRANSPARENT AS WE CAN.
SO HE ALSO ASKED FOR DIRECTION ABOUT WHEN YOU HAVE 2 OR 3 TOP TOP FIRMS OR 2 OR 3 OF THE HIGHEST SCORING FIRMS THAT ARE VERY CLOSE, HE BROUGHT THAT ITEM TO ASK FOR YOUR DIRECTION ABOUT HOW TO PROCEED.
WHAT WE ALSO DO IS WE UTILIZE OUR NETWORK OF REGISTERED SWIM BE VENDORS FOR SOLICITATIONS.
SO PEOPLE WILL GET SOLICITATION REQUESTS FOR FIELDS THEY DON'T OPERATE IN.
BUT NEVERTHELESS WE GO AHEAD AND TRY AND DO THAT OUTREACH.
SHORT OF THAT TRANSPARENCY AND AND ULTIMATELY, OBVIOUSLY NOTHING NO CONTRACT GETS APPROVED WITHOUT COMMISSIONERS COURT REVIEW AND APPROVAL AGREED FOR THE MOST PART.
THERE MAY BE A FEW EXCEPTIONS THAT WE COULD FIND OVER TIME.
DAVID SO IN FINDING 26, THE TWO MOST CITED BARRIERS IN THE SURVEY WERE THAT MINORITY WOMEN, 35.5%, SAY THEY DID NOT RECEIVE NOTICE OF AN OPPORTUNITY.
COMMUNICATION WAS AMONG THE CONCERNS THAT INTERVIEW SUBJECTS IDENTIFIED.
INTERVIEWEES WHO CITED SUCH ISSUES SAID THAT DESPITE REGISTERING THROUGH THE MEANS TO WHICH THEY WERE DIRECTED, THEY EITHER RECEIVED SOLICITATION NOTIFICATIONS ILL SUITED TO THEIR PARTICULAR SKILL SET OR NONE AT ALL.
AND THEN THERE WAS ANOTHER FINDING ON THE NOTIFICATION BARRIER.
[01:30:04]
THE FINDINGS DESCRIBED A PERCEPTION THAT PRIME CONTRACTORS HIRE SUBCONTRACTORS FROM A POOL OF LARGER FIRMS THAT ARE NOT FROM BURKE COUNTY OR SAN ANTONIO AREA.AND 13.6 SAID THAT THE CONTRACTS WERE TOO BIG.
SO THERE'S A LITTLE BIT OF DIGRESSION ON AT LEAST A THIRD OF BUSINESS PEOPLE THAT RESPONDED, AND SOME PEOPLE DON'T RESPOND BECAUSE THEY ARE AFRAID TO SPEAK UP. BUT IN TERMS OF DE BUNDLING, WHAT HOW MANY OF THE CONTRACTS THAT WE HAVE HAVE WE DE BUNDLED TO OPEN UP MORE OPPORTUNITY? DO WE HAVE? I DON'T KNOW.
ONE OF THE THINGS I WANT CLARITY ON FROM SWIM DEPARTMENTS, THE PURCHASING OFFICE AND OUR LAWYERS IS WHAT WILL THE DE BUNDLING PROCESS BE? HOW DO YOU KNOW WHAT SHOULD BE EFFECTIVELY DE BUNDLED, WHAT SHOULD BE DE BUNDLED AND WHAT IS JUST MAKING MAKING IT MORE BUREAUCRATIC UNNECESSARILY? SO I WANT TO UNDERSTAND WHAT HOW DO YOU EVALUATE WHAT NEEDS TO BE READ? YEAH, I THINK IT WOULD BE GOOD TO ALSO GET SOME BEST PRACTICES FROM OTHER PLACES THAT ARE ALREADY DOING IT.
ANOTHER PART JUST GOES TO THIS OVERALL ARCHING SITUATION WITH REPORT TO TRACKING AND REPORTING.
SO WE CURRENTLY, I BELIEVE, OPERATE UNDER A A COUNTY MANAGER POLICY THAT PURCHASES OR CONTRACTS LESS THAN $50,000 ARE HIGHLY ENCOURAGED TO CONTRACT WITH ZOMBIES BY USING A VENDOR LIST FROM LAWSON OR CMS TO IDENTIFY THE AVAILABLE SWIM IN DOCUMENT THE TRACKING EXPENDITURES.
AND THERE'S A PART ABOUT REPORTING.
NOW, I DON'T THINK WE REGULARLY HAVE TO COURT A ACTUAL REPORTING OF HOW THESE DEPARTMENTS ARE DOING. AND THERE'S ALSO SUPPOSED TO BE A PROCESS THAT THE COUNTY OF COMING TOGETHER TO GO OVER THAT.
SO IS THAT DONE KIND OF IN YOUR MEETINGS, DAVID, BEHIND THE SCENES TO LOOK AT THAT, THAT REPORTING OF THE DEPARTMENTS? NO. AND OTHER THAN THE JUST AGGREGATE IN THE COUNTY, BECAUSE REMEMBER, ONLY A THIRD OF THE COUNTY REPORTS TO ME, TWO THIRDS REPORT TO ELECTED OFFICIALS OTHER THAN MYSELF.
SO THOSE PURCHASES DON'T COME TO ME.
SO FOR INSTANCE, THE FIRST DATA RUN WE DID AND THIS WAS YEARS AGO BASICALLY JUST SHOWED EVERY REQUISITION THAT WAS PROCESSED IN THE COUNTY. AND DID IT GO TO A SWIM BY YES OR NO? THE PROBLEM WITH THAT IS A LOT OF.
THESE REQUISITIONS AREN'T REALLY SWIM OPPORTUNITIES.
FOR INSTANCE, OUR CPS BILL, THAT'S NOT AN OPPORTUNITY FOR A SWIM FOR US.
MAYBE ON THE CPS SIDE IT MIGHT BE, BUT FOR US IT'S NOT.
SO IT TOOK SOME CLEANING OF THAT DATA.
WE WERE ABLE TO GET THAT DONE.
SUPPLIED TO GRIFFIN AND STRONG.
THEY THEN USE THAT DATA TO COME UP WITH THEIR RECOMMENDATIONS, WHICH ARE NOW RESULTED IN WHAT I'M TOLD IS A NEW DRAFT PURCHASING POLICY AND THAT THE SWIM SECTION OF THAT, LARRY, I THINK IS WHAT'S BEING REVIEWED.
THAT'S CORRECT. SO YOU CAN ASK LARRY ABOUT HIS TIMELINE.
I'VE BEEN TELLING EVERYBODY IT'S URGENT.
OKAY. SO I JUST WANT TO POINT IT'S MY UNDERSTANDING AND MAYBE THE READING IS WRONG THAT WE HAVE AN EXISTING COUNTY MANAGER POLICY THAT CALLS FOR PERIODIC MEETINGS WITH THE SMALL BUSINESS DIRECTOR, THE PURCHASING AGENT, AND A REPRESENTATIVE FROM EACH COUNTY DEPARTMENT TO REVIEW ANTICIPATED PURCHASE PURCHASING OPPORTUNITIES TO DETERMINE WHETHER HIGHER OR LOWER PARTICIPATION TARGETS SHOULD BE APPLIED BASED ON SWIM AVAILABILITY, PREPARATION AND ISSUANCE OF QUARTERLY AND ANNUAL REPORTS ON HOW PARTICIPATION RESULTS IN SWIMMING AVAILABILITY AND COMPARATIVE CONTRACT AWARD DATA.
SO I THINK THAT'S EXISTING PROCESS AND POLICY THAT WE'RE SUPPOSED TO DO.
AND I CAN'T THINK OF LIKE ANY ONE BETTER THAN THE MANAGER, THE SWIM DIRECTOR AND THE PURCHASING AGENT, ALL WORKING IN CONCERT TO CORRAL THE VARIOUS DEPARTMENTS, EVEN IF THEY ARE ONLY REPORTING TO AN ELECTED.
SO I JUST WANT TO POINT OUT THAT'S AN EXISTING THING.
[01:35:01]
THAT'S S THE GIST.I THINK THAT WHEN THE CONSULTANTS COME TO US ON JUNE 3RD ABOUT THESE REPORTS AND UPDATE THIS COURT AS IT'S CONSTITUTED FOR THE FIRST TIME, WE CAN GET INTO FURTHER DETAILS.
BUT THAT THAT THAT WOULD CONCLUDE MY QUESTIONS AT THIS TIME.
JUDGE, ANY OTHER QUESTIONS? COMMENTS? I HAVE SOME QUESTIONS FOR MS..
TORRES. MS. TORRES, FROM YOUR PRESENTATION AT THE LAST COMMISSIONERS COURT, WE STARTED GETTING INTO THE WEEDS, SO TO SPEAK, OF THE PROCESS THAT YOU HAVE AT YOUR DEPARTMENT, CORRECT? I'M SORRY, CAN YOU REPEAT THAT ON THE LAST AT THE LAST MEETING WE HAD SOME QUESTIONS, SOME ISSUES THAT WE GOT INTO THE WEEDS, SO TO SPEAK, ABOUT YOUR PROCESS AT PURCHASING DEPARTMENT.
AND THEN WE SAID, LET'S TAKE THIS UP AT A WORK SESSION.
DO YOU RECALL THAT OR NOT? YES. SO THE DEPARTMENT'S SUBMISSION OF THE REQUISITIONS AND THE TYPE OF REQUESTS, IS THAT WHAT YOU'RE REFERRING TO? WELL, AND I'LL BE STRAIGHT TO THE POINT, WHAT DID YOU EXPECT YOU WERE SUPPOSED TO DO TODAY? WELL, IT WAS UNCLEAR, TO BE HONEST.
WELL, THEN WHY DIDN'T YOU ASK FOR CLARIFICATION? I DID, SIR. WHAT, RIGHT NOW? NO, SIR. WELL, SO ACTUALLY, I DO HAVE MY TIMELINE.
I RECEIVED AN EMAIL FROM MANUEL LEAL ON FRIDAY, 8:56 A.M., INFORMING ME OF THE AGENDA AND THAT IT WAS GOING TO BE THAT IT WAS PLACED ON THE AGENDA FOR ME TO PRESENT BY YOUR OFFICE.
SO IMMEDIATELY I ASKED, YOU KNOW, WHAT WAS THE REQUEST OR WHAT EXACTLY WAS I SUPPOSED TO PRESENT ON? SO OF COURSE, MANUEL WAS WAS NOT AWARE OF THAT INFORMATION.
SO I CONTACTED YOUR OFFICE FRIDAY AT 958 AND VIA EMAIL, AND I TEXT MATTHEW AS WELL THROUGHOUT THE DAY AND I NEVER RECEIVED A RESPONSE.
SO THEN YESTERDAY, MANUEL REACHED OUT TO ME.
MANUEL REACHED OUT TO ME AGAIN AND ASKED ME, WHERE'S MY POWERPOINT? SO I THEN REACHED OUT TO THE COURT MEMBERS, BECAUSE IT WAS UNCLEAR TO ME WHAT.
AND I SAW THAT CORRESPONDENCE THAT NO ONE GAVE YOU A RESPONSE.
THERE WERE PROCESSES THAT WE HAD QUESTIONS.
AND THEN THE OTHER ISSUE OF USING THE CO OPS CORRECT.
AND THE THE IF THERE WAS ANY ISSUES OF DISPARITY THERE.
COMMISSIONER CALVERT, AS I RECALL, I THINK YOU HAD RAISED CONCERNS.
SO MY QUESTION IS FROM THAT CONVERSATION.
AND SO LET'S JUST WIPE THIS AGENDA ITEM CLEAN AND JUST SAY, OKAY.
YOU HAD CONCERNS, WHAT ARE YOUR CONCERNS FOR YOUR PROCESS NOW AND WHAT DO WE NEED TO DO TO HELP YOU WITH NEW PROCESS, GIVE YOU DIRECTION, GIVE YOU FUNDING? WHAT DO YOU NEED TO OPERATE AT THE MOST EFFICIENT AND EFFECTIVE LEVEL THAT YOU AND YOUR EMPLOYEES CAN DO? YES, SIR. SO EVEN THOUGH ALTHOUGH THAT THERE ARE THERE IS A CURRENT POLICY MANUAL AND THE ADMINISTRATION POLICIES, I FELT THAT MAYBE MORE COMMUNICATION, EVEN MORE COMMUNICATION WITH THE DEPARTMENTS, JUST TO BE CLEAR THAT THE PROCESS SO WE DON'T JUST TO CLEAR UP, WE DON'T AUTOMATICALLY OR FORCE THE DEPARTMENTS TO GO THROUGH A CERTAIN PROCUREMENT PROCESS OR METHOD PROCUREMENT METHOD.
HAVE YOU TOLD THESE DEPARTMENTS WHAT YOU NEED? YOU YOU BROUGHT UP TO OUR ATTENTION THAT YOU HAD DEPARTMENTS AND I DON'T RECALL WHO THEY WERE, BUT YOU SAID, LOOK, THEY SAY IT'S URGENT AND IT'S AN EMERGENCY AND THEY GO TO THE FRONT OF THE LINE.
YES. AND THEN, AS I'VE HEARD, THERE ARE ISSUES THAT ARE STILL LANGUISHING FOR VARIOUS REASONS, NOT NECESSARILY BECAUSE IT'S AT YOUR DEPARTMENT, ALTHOUGH THAT'S GOING TO BE MY NEXT QUESTION. HOW MANY ISSUES DO YOU HAVE THAT YOU'RE NOT GOT DIRECTION OR YOU NEED DIRECTION IN ORDER TO MOVE FORWARD AND YOU'RE HOLDING ON TO I'M TRYING TO GET THIS PROCESS TO FLOW. YES. SO IN REGARDS TO THE MATTER OF DEPARTMENTS, WHAT ARE YOUR RECOMMENDATIONS TO HELP YOU? I WANT TO MAKE THIS EASIER FOR YOU.
I WANT YOU TO TELL ME WHAT YOU NEED.
I APPRECIATE THAT. SO WITH OUR BUDGET SUBMISSION, WE DID REQUEST ADDITIONAL FUNDING I'M SORRY, ADDITIONAL FUNDING FOR POSITIONS, WORKING THROUGH THE COMMUNICATION WITH THE DEPARTMENT.
I MEAN, IT WAS JUST A SO LET'S BREAK THAT DOWN.
WHAT ARE THE POSITIONS YOU NEED? GIVE ME THE JOB DESCRIPTION AND WHAT ARE THOSE PEOPLE SUPPOSED TO DO?
[01:40:02]
I DON'T HAVE THAT IN FRONT OF ME, SIR.BUT DO YOU HAVE THAT? DO YOU HAVE IT? OKAY.
OKAY. ONE MOMENT. SO ASIDE FROM THAT, JUST WORKING THROUGH DAY TO DAY BASIS ON COMMUNICATION AND CLARIFICATION WITH THE DEPARTMENTS THAT IF IT'S URGENT, YOU KNOW, WE HAVE TO LOOK AT IT, WE'RE LOOKING AT IT AND HELPING THEM GET THROUGH THEIR REQUEST. SO YES.
MR.. SMITH SO ON THE MATTER OF IS IT URGENT, FIRST OF ALL, IF YOU ASK SOMEBODY, I WANT TO TRY AND BE POSITIVE, WELL, IT'S LIKE ME. IF I SAY IT'S URGENT, IT'S URGENT, RIGHT.
WITH YOU, I TREAT EVERYTHING AS URGENT.
BUT BUT IF A DEPARTMENT SUBMITS OR STARTS THE REQUISITION PROCESS AND A MONTH OR TWO LATER, THEY DON'T EVEN KNOW WHO THE BUYER IS YET.
AND THEN YOU ASK THE QUESTION, WELL, YEAH, IT'S URGENT.
IN THIS CASE, I NEEDED THEM TWO MONTHS AGO.
AND THE OTHER QUESTION I HAD ASKED LAST TIME THAT I STILL DON'T KNOW THE ANSWER TO IS WHEN WE USE CO OPS, HOW DO WE KNOW THAT'S THE MOST ADVANTAGEOUS PRICING? HOW DO YOU KNOW THAT? I ANSWER THAT QUESTION.
SO YOU'RE GOING TO GET A BETTER PRICE.
THEY'RE LARGER, PRE SOLICITED, PRE AWARDED CONTRACTS.
YEAH, I THINK I ASKED THAT QUESTION LAST COMMISSIONERS COURT DID I NOT? AND AND ASKING DO YOU AUTOMATICALLY GO WITH THE CO OP AND YOU SAID YOU DON'T AUTOMATICALLY GO CO OP YOU STILL SEE WHAT THE BEST PRICE IS, AM I RIGHT.
CORRECT. OKAY. BUT HOW DO YOU KNOW IT'S THE BEST PRICE? THAT'S WHAT I'M SAYING. SOME OF THIS LIST BECAUSE YOU SAID THEY PUT IT OUT, DIDN'T YOU SAY Y'ALL PUT IT OUT FOR BID OR OR WHAT WAS YOUR RESPONSE? WE HAVE DONE BOTH.
AND WHEN THE SOLICITATION AMOUNTS COME IN, WE LOOK AT THAT AND WE LOOK AT THE CO OP PRICING.
THERE WAS ONE ON YOUR LAST AGENDA.
BUT FOR THE VA, THE ONE BIG ONE, IT WENT STRAIGHT TO CO OP.
SO THE SMALLER BECAUSE IT WAS URGENT.
DOES THAT MEAN THAT MEANS THAT THE DEPARTMENT, PROBABLY YOUR DEPARTMENT WENT OUT AND REQUESTED A QUOTE FOR WHATEVER ITEM IT WAS? I DON'T I DON'T RECALL.
OKAY. SO IT WAS UNDER $5,000 SOLICITED.
QUOTES WERE GOTTEN, BUT FOR THE HUNDRED THOUSAND DOLLAR PURCHASE.
AND MY ONLY QUESTION IS HOW DO YOU KNOW THE CO OP? IN THAT CASE, THE SPECIFICS MATTER BECAUSE THE IT WENT TO A CO OP BECAUSE SHE INDICATED THAT SHE DIDN'T GET THE INFORMATION FROM FACILITIES. AND WHAT WAS THAT INFORMATION THAT YOU THE SCOPE OF WORK.
SO THE SCOPE OF WORK WAS SUPPOSED TO BE THERE IN JANUARY.
YOU GOT A REQUEST THAT WE NEED THE LIGHT BULBS.
AND THEN YOU SAID TO GET IT FASTEST A CO OP IN THIS CASE WOULD BE PERMISSIBLE.
SO, FOR EXAMPLE, WHEN THIS LAST MEETING WE WERE THE PURCHASING AGENT WAS REQUESTING BUDGET.
THERE WERE THERE WERE SOME POSITIONS THAT THE PURCHASING BOARD AGREED TO FUND OR RECOMMEND TO COURT.
I DON'T I DON'T REMEMBER WHAT THE PROCESS OF WHO DID IT FIRST.
AND THEN THERE WERE SOME POSITIONS THAT YOU REQUESTED THAT WE DID NOT FUND.
SO IT'S NOT ALWAYS JUST IN THE HANDS OF THE PURCHASING AGENT.
SOME OF IT IS IN THE HANDS OF THE COMMISSIONERS COURT WHEN THINGS ARE MOVING SLOWLY.
AND THERE'S ALSO DEPARTMENTAL ISSUES WHERE THINGS MOVE SLOWLY AND THERE'S ALSO THINGS IN THE DISTRICT ATTORNEY'S OFFICE MOVING SLOWLY PERHAPS, AND THIS IS A SUGGESTION THAT I HAVE, PARTICULARLY FOR THOSE AGENCIES THAT THE COURT WANTS TO SEE GET FUNDED.
PERHAPS EACH MEMBER OF THE COURT BY PRECINCT COULD HAVE A CIVIL ATTORNEY TO ASSIST THE DISTRICT ATTORNEY'S OFFICE WITH WITH CONTRACT FORMATION AND TO ASSIST DEPARTMENTS WITH GETTING THE INFORMATION TO CONSTITUTE A CONTRACT.
[01:45:04]
WITH ADDITIONAL LEGAL HELP AT THE AT THE COURT LEVEL.IS ANY THOUGHTS ABOUT IF THAT MIGHT BE HELPFUL? YES, OF COURSE. SO AND PART OF OUR SUBMISSION, WE DID REQUEST A CIVIL ATTORNEY, BUT WE WEREN'T SURE OF THE STRUCTURE.
SO THE SUBMISSION WAS THE REQUEST WAS SUBMITTED, BUT I WASN'T SURE IF THE ATTORNEY WOULD BE.
OF COURSE, THROUGH PURCHASING ALSO WITH THE I WASN'T SURE IT WAS A COMPANY.
THIS IS THE FIRST TIME I'VE MADE THAT REQUEST KNOWN TO THE COURT.
I'VE HEARD FROM THE JUDGE'S OFFICE THAT THEY'RE INTERESTED IN THE BUDGET.
FOR SOME ATTORNEYS FOR US, I BELIEVE THAT THAT COULD BE A VERY GOOD USE.
I THINK PROCUREMENT, PURCHASING AND ASSISTANCE ON THOSE KINDS OF AGENCIES COULD BE SOMETHING THAT THE COURT, WITH ITS ATTORNEYS COULD HELP THE BACKLOG THAT HAPPENS ACROSS CONTRACTING.
PICKING UP ON COMMISSIONER MOODY'S CONCERN OVER THE ARPA REQUEST, IT COULD BE HELPFUL WITH GETTING THOSE ARPA REQUESTS READY SINCE WE HAVE THIS UNPRECEDENTED AMOUNT OF NUMBER OF REQUESTS AND WE'RE DEALING WITH A CRISIS IN THE DISTRICT ATTORNEY'S OFFICE OF STAFFING AND WE'RE DEALING WITH STAFFING ISSUES ACROSS DEPARTMENTS AND WE'RE WE'RE NOT MOVING A LOT OF CONTRACTS FORWARD.
THIS MIGHT BE SOMETHING THAT THE COURT COULD LOOK AT IN BUDGET.
I FORGOT THAT YOU HAD PROPOSED THAT.
SO THERE'S MULTIPLE WAYS IT CAN BE DONE.
YOUR PROPOSAL, MY BACK OF THE NAPKIN PROPOSAL OR ANYBODY ELSE WHO HAS A WAY TO ACTUALLY STAFF IT.
THANK YOU. YOU KNOW, I JUST HAVE A OBSERVATION AND COMMENT.
SO LAST WEEK I WENT TO SOUTH SAN ISD TO READ THEIR PROCLAMATION FOR THEIR 100TH ANNIVERSARY, AND IT WAS AWKWARD BECAUSE THEY'RE SITTING UP HERE.
I WAS LIKE, OH, MY BACK'S TO THE AUDIENCE.
THIS IS WEIRD. SO I STEPPED TO THE SIDE AND YOU KNOW, I'M LOUD ANYWAY, BUT IT ALSO MADE ME REALIZE, OKAY, SO THIS IS HOW PEOPLE FEEL WHEN THEY COME SPEAK AT COMMISSIONERS COURT. AND I SEE OTHER YOU KNOW, I SEE DEBORAH FROM ECONOMIC DEVELOPMENT AND JAVIER FROM ENVIRONMENTAL AND OTHER STAFF WHO HAVE TO COME UP.
AND I WOULD HOPE THAT YOU GUYS KNOW WHAT YOU'RE GOING TO TALK ABOUT AND YOU'RE BEING PREPARED.
MYSELF AS A COMMISSIONER, I DON'T LIKE COMING TO COMMISSIONERS COURT, BEING UNPREPARED.
I LIKE TO COME AND BE PREPARED AS COMMISSIONER, MUCH LESS IF I'M COMING TO PRESENT.
SO, YOU KNOW, IF PATRICIA DIDN'T, IT'S HARD.
MY EXPERIENCE, IT'S HARD FOR ME TO SAY WHAT MY NEEDS ARE OR WHAT'S GOING ON, ESPECIALLY PUBLICLY, IF I'M NOT PREPARED.
I'M NOT SURE. I SAW SOME EMAILS GOING BACK AND FORTH.
JUST FYI. STAFF NOTE FOR COUNTY STAFF.
AND FRANKIE, MY CHIEF OF STAFF, DIDN'T EVEN UNDERSTAND WHAT WAS GOING ON.
SHE DID SAY THAT PATRICIA WAS ASKING FOR CLEARANCE, DIDN'T GET A RESPONSE BACK.
SO I JUST NEEDED TO MAKE THAT MAKE THAT COMMENT BECAUSE THERE JUST SEEMS TO BE SOME DISCONNECT HERE.
AND I PERSONALLY APPRECIATE BETTER COMMUNICATION.
YEAH. SO I WOULD LIKE TO SEE THAT PURCHASING BOARD OR WHATEVER IT'S CALLED TO, YOU KNOW, WORK WITH YOU TO SEE HOW WE CAN GET SOME OF THESE QUESTIONS ANSWERED.
AND IF YOU WANT TO SET UP INDIVIDUAL MEETINGS WITH US AS COMMISSIONERS OR WITH MY STAFF TO KIND OF TALK ABOUT HOW WE CAN HOW WE CAN DO THIS BETTER, BECAUSE THIS IS ABOUT TAXPAYER DOLLARS, RIGHT? AND THIS IS ABOUT SUPPORTING OUR SMALL MINORITY OWNED WOMEN OWNED AND VETERAN OWNED BUSINESSES, WHICH IS SOMETHING I'M ALWAYS PUSHING FOR.
SO WE JUST NEED TO DO A BETTER JOB OVERALL.
AND FOR THE RECORD, MRS TORRES.
IT'S NOT AN EXCUSE, BUT MY CHIEF OF STAFF WAS OUT ALL DAY ON FRIDAY FOR A MEDICAL APPOINTMENT, SO I'D ASK THAT NOT ONLY YOU FOLLOW WITH AN EMAIL, ESPECIALLY IN LIGHT OF THE TIMELINE, BUT YOU FOLLOW UP WITH A PHONE CALL OR CALL SOMEBODY IN ORDER TO ALERT AND GET THE DIRECTION YOU
[01:50:04]
NEED. AND AND I APPRECIATE THE COMMENTS BY COMMISSIONER CLAY-FLORES.THIS WAS AN ATTEMPT TO AMBUSH YOU.
I JUST THOUGHT I THOUGHT I MADE IT CLEAR FROM THE LAST MEETING I WANTED TO SEE SOME SUGGESTIONS, NEW IDEAS, HOW CAN WE HELP YOU? AND SO I GUESS I'LL WAIT FOR THE NEXT MEETING OR WORK SESSION TO GET THOSE ANSWERS.
GO AHEAD. UM, JUST A FEW THINGS I WANTED TO, TO MENTION HERE.
UM, FIRST OF ALL, BASED ON SOME OF THE COMMENTS.
YOU KNOW, AND I'VE SAID THIS BEFORE, FULLY SUPPORTIVE OF THE COMMUNICATION PIECE AND MAKING SURE THAT THAT WE DO HAVE OUTREACH AND THAT PEOPLE ARE AWARE OF THE OPPORTUNITIES TO WORK WITH BEAR COUNTY.
I WILL SAY I'M LOOKING AT COMMENDATION NUMBER ONE IN THE STUDY, AND IT DOES SAY THE SWIM PROGRAM HAS BEEN DILIGENT ABOUT OUTREACH AND SUPPORT TO SMALL BUSINESSES AND IN ENCOURAGING THE USE OF CERTIFIED SWIM BEES AT THE AS THE PRIME AS WELL AS SUBCONTRACTOR SUBCONTRACTOR PROVIDER LEVEL, INCLUDING BEAR COUNTY'S P CARD PROGRAM.
I THINK IT WAS ALSO PART OF COMMISSIONER CALVERT POINT, THE DECOUPLING OF LARGE CONTRACTS.
YOU KNOW, WHERE WE CAN DECOUPLE SOME CONTRACTS AT A MINIMAL EXTRA COST OR NO EXTRA COST, AND THAT PROVIDES OTHER OPPORTUNITIES THAT SMALLER BUSINESSES WOULDN'T BE ABLE TO TO BID ON, YOU KNOW, AT A HIGHER LEVEL.
AND THEN PROMPT PAY WAS ANOTHER RECOMMENDATION.
AND I HAVE HEARD THIS FROM SMALL BUSINESSES, RIGHT? IF WE AS A COUNTY CAN'T QUICKLY AND EFFICIENTLY PAY OUR BILLS, THEN THAT MAKES THAT REALLY HARD ON THAT SMALL BUSINESS.
AND SO I THINK THAT'S THOSE ARE TWO RECOMMENDATIONS THAT RESONATED WITH ME.
AND I'M NOT SURE IF YOU HAVE ANY FEEDBACK OR THOUGHTS SPECIFICALLY ON THOSE TWO.
AND BY THE WAY, PUBLIC WORKS AND FACILITIES ARE I THINK IT WOULD BE GOOD FOR THE COURT.
PATTY, IF YOUR TEAM COULD GET A BUDGET PIE CHART TO SHOW HOW MUCH CONTRACTS GO OUT WITH PUBLIC WORKS AND FACILITIES WHO HAVE TO CHECK THOSE INVOICES TO MAKE SURE THAT THEY'RE CORRECT.
YOU'RE NOT CHECKING NECESSARILY THAT THOSE INVOICES.
IT HAS TO BE DONE THROUGH A DEPARTMENT THAT THE COURT GAVE.
SO THE COURT, WHEN GIVING PERMISSION FOR PUBLIC WORKS AND FACILITIES, CAN SAY, WE WANT YOU TO BUNDLE THIS CONTRACT, WE CAN ACTUALLY OUTLINE IN THE MOTION THAT WE THINK THE BUNDLING.
I MEAN, I THINK I MEAN, WE'VE GOT TO TALK TO THE ATTORNEYS.
WE ACTUALLY THINK THE BUNDLING CAN HAPPEN IN, YOU KNOW, WHATEVER THE SIDEWALK AND THE PARK SPACE OR, YOU KNOW, WITH THE FLOWERS OR, YOU KNOW, WHATEVER THE CONTRACT SAYS, WE CAN ACTUALLY PROVIDE POLICY AND LEGAL DIRECTION.
IT DOESN'T NECESSARILY COME FROM YOUR DEPARTMENT.
IT'S A LOT FOR THE AUDITOR'S OFFICE TO DOUBLE CHECK AND THEY MAY NEED ADDITIONAL.
SO THERE'S ALL KINDS OF AND THAT'S FOR PAYMENT, RIGHT? SO THERE ARE ALL KINDS OF COGS THAT MAKE UP THAT WE'RE UNDER A STATUTORY OBLIGATION IN TEXAS TO PAY WITHIN 30 DAYS.
SO SO TO COMMISSIONER MOODY'S POINT, HOW DOES WHAT'S THE PROCESS FOR PEOPLE GETTING PAID? I DON'T KNOW. LEO, DO YOU NEED TO CHIME IN ON THIS? SURE, COMMISSIONER.
SO ONCE IT GETS TO YOUR OFFICE, WE HAVE TO GET IT DONE IN 30 DAYS.
YES. AND I THINK PART OF THE ISSUE IS, COMMISSIONER, IF I COULD, IS LOTS OF TIMES AND ESPECIALLY, YOU KNOW, WITH THE SWIM AND THE PROCESS, ESPECIALLY IF THEY'RE DOING CAPITAL PROJECTS AND STUFF, THERE'S A LOT THAT GOES INTO THAT EVEN BEFORE IT HITS OUR OFFICE.
SO LOTS OF TIMES BEFORE IT HITS OUR OFFICE AND THEN EVERYTHING SHOULD BE IN ORDER.
A LOT OF TIMES IT'S NOT AT THAT POINT.
TWO, WE DO HAVE TO KICK IT BACK.
SO I THINK LOTS OF TIMES THESE VENDORS ARE UNDER THE IMPRESSION AS SOON AS THEY SUBMIT SOMETHING IN AND ESPECIALLY I, YOU KNOW, THE SMALLER, YOU KNOW, SWIM OBVIOUSLY COMMUNITY YOU KNOW ARE MORE WANTING TO GET PAID RIGHT AWAY ON THAT AND I RESPECT THAT.
[01:55:03]
BUT LOTS OF TIMES FROM WHAT I'VE SEEN, YOU KNOW, IN THE HIGH 90 PERCENTILE, IT'S SOMETHING THAT'S MISSING OR PAPERWORK WASN'T FILLED OUT OR SIGNED APPROPRIATELY ON THAT.I CAN SHOW STATS ON HOW QUICK WE GET THEM OUT.
THIS. IT'S GOTTEN PAID TIMELY.
THERE'S USUALLY OTHER FACTORS BEHIND THAT.
SO THEN WHERE'S THE HOLD UP? IS IT BEFORE IT GETS TO YOUR OFFICE? USUALLY I WOULD SAY, DOES ANYONE CAN ANYONE COMMENT? WHERE'S THE HOLD UP, PATRICIA? DO YOU KNOW ON PAYMENTS? I WOULD SAY, IF I MAY, I WOULD SAY, YEAH, WE'RE TALKING ABOUT HONESTY HERE.
SO. SO WHERE DO WE WHAT I'VE SEEN IS WHAT I'VE SEEN, BECAUSE A LOT OF THE TIMES VENDORS DO COMMUNICATE WITH ME AND PERSONALLY, DIRECTLY, AND THEY'LL SAY, I HAVEN'T GOT PAID, OR SO I'LL DO SOME RESEARCH.
AND WHAT ENDS UP HAPPENING IS THAT THE AUDITOR'S PENDING ON A CLEAR CORRECT INVOICE.
IS THAT CORRECT? SO THEN IS IT ON THE END OF THE THE COMPANIES THEMSELVES, THE SWIMMIES THAT AREN'T FILLING OUT THE PAPERWORK? DO WE NEED TO DO BETTER TRAINING FOR THEM? WHERE'S THE HOLD UP? BECAUSE WE CAN'T JUST POINT FINGERS AT EACH OTHER LIKE WE NEED TO SEE WHERE'S THE HOLD UP AND THEN FIX IT.
RIGHT. RIGHT. SO THAT'S WHAT I'VE SEEN WHERE THE INVOICES ARE NOT CORRECT OR CLEAR OR I'M NOT I DON'T KNOW EXACTLY WHAT YOU LOOK FOR, BUT AND THEN SO WE GET THAT CLEARED UP AND WE'LL SAY, WHERE IS IT AT FOR FOR A WHILE THE PROCESS WAS THAT THE DEPARTMENT'S APPROVED THE INVOICE, SO THAT WAS CAUSING A DELAY.
SO I THINK IF I'M NOT SURE IF THAT HAS IMPROVED.
SO LEO, MAYBE WHAT WOULD BE HELPFUL FOR COMPANIES THAT COME IN IF THERE'S WHATEVER THE HOLDUP IS, YOU, YOUR STAFF CAN SUMMARIZE WHAT THE MAIN THINGS ARE THAT YOU HAVE TO PUSH THEM BACK SO THAT WE CAN SHARE THAT WITH YOUR MEMBERS.
RENEE AND WE CAN TRY TO HELP PEOPLE TO GET PAID.
LET ME JUST LET ME BEFORE YOU SPEAK, RENEE, LET ME JUST MAKE ONE QUICK OBSERVATION.
ONE THING THAT IT CAN HELP US WITH IS A TEMPLATE, A TEMPLATE AND VIDEOS FOR DEPARTMENTS, PARTICULARLY IN FACILITIES AND PUBLIC WORKS, WHERE THEY WANT TO SEE A CERTAIN QUALITY, YOU KNOW, OF THE OBJECTIVES OF THE CONTRACT MET THAT WE COULD DEVELOP A VIDEO SAMPLE TEMPLATE OF PAST PROJECTS AND PAST PROJECTS.
THIS IS WHAT WE INCLUDED IN THE INVOICE.
AND HERE'S ACTUALLY A TEMPLATE ONLINE THAT THE COUNTY HAS THAT CAN GO ELECTRONICALLY, MOVE FASTER THROUGH THE DEPARTMENT SO THAT THE AUDITOR CAN SEE IT AND EVERYBODY CAN SEE IT, SOMEBODY CAN SEE IT, THE FACILITIES OR PUBLIC WORKS CAN SEE IT.
BUT I WOULD SUGGEST THAT MARK GAGER CAN HELP US WITH AN IT PRODUCT THAT CAN BE STANDARDIZED AND EVEN VIDEOS WHICH HOW TO DO A BEAR COUNTY INVOICE MIGHT BE VERY HELPFUL AND OTHER PREVIOUS TEMPLATES PROVIDED TO SMALL BUSINESSES WOULD REALLY BE HELPFUL.
I WANT TO COMMEND THE AUDITOR BECAUSE THEY CAME UP WITH A POWERPOINT.
IT'S ON OUR WEBSITE AND IT OUTLINES THE STEPS OF HOW DO YOU GET PAID, WHAT ARE THE REQUIREMENTS FOR THE COUNTY TO GET PAID? THAT'S HOW THEY GET IN TRAINING.
SOMETIMES IN IT WORLD DELIVERY OF THE COMPUTER TO THE WAREHOUSE VERSUS INSTALLATION IN THE DEPARTMENT, THAT THAT CAUSES PROBLEMS OF WHEN THE VENDORS FOR THE 30 DAYS WHEN IT GETS TO THE AUDITOR'S OFFICE, WHEN THAT CLOCK STARTS, THEN WE'RE TALKING WITH SUBCONTRACTORS.
THEIR PAY WHEN PAID PROMPT PAY IS $30, 30 DAYS FROM THE PRIME.
BUT THEN IT'S TEN DAYS FROM WHEN THE PRIME GETS PAID.
SO IF YOU'RE A SUB SUBCONSULTANT SUB SUPPLIER SUBCONTRACTOR, IT'S 45 DAYS AND WE'RE TRYING TO MAKE SURE YOU PROTECT YOUR RIGHTS HERE AT THE COUNTY. SO THERE'S DIFFERENT PROCESSES, BUT THE ONE THAT PURCHASING, PURCHASING CAN REALLY HELP US IS TO DEFINE WHAT IS DELIVERY TO OFFICE AND DEPARTMENTS.
IS THERE LEGAL CLARIFICATION, LARRY, ON DOES THE 30 DAY STATUTE APPLY WHEN IT GETS TO THE AUDITOR'S OFFICE OR DOES IT APPLY WHEN IT GETS TO THE DEPARTMENT THAT REQUISITION THE CONTRACT AND REVIEWS THE INVOICE? DO YOU KNOW THE STATUTE DOES HAVE A TIMING ISSUE? IT'S NOT IT DOESN'T DEPEND WHEN IT GETS TO THE AUDITOR'S OFFICE.
IT'S MORE WHEN I DON'T KNOW THE EXACT LANGUAGE, COMMISSIONER, BUT THERE IS A TRIGGER IN THE STATUTE.
AND THAT'S WHAT WE GO BY WHEN THE INVOICE IS PROPERLY SUBMITTED TO OUR OFFICE.
[02:00:01]
AND I CAN'T RECALL THE THIRD TIER AS PART OF THAT STATUTE.REALLY. THE, THE POINT OF THE CLOCK IT SOUNDS LIKE, IS THE POINT AT WHICH IT'S SUBMITTED TO THE COUNTY REALLY, BECAUSE MOST VENDORS ARE GOING TO BE SUBMITTING IT TO THE DEPARTMENT THAT THEY'VE BEEN DOING BUSINESS WITH, I ASSUME.
WELL, ACTUALLY, IN THE CONTRACT IT SAYS SUBMIT THE INVOICE TO THE AUDITOR'S OFFICE.
SIGN OFF. DID YOU ACTUALLY DELIVER THAT SERVICE? DID YOU ACTUALLY DELIVER THAT GOOD OR PROFESSIONAL SERVICE? OKAY. AND THEN IT MAY TAKE TIME FOR THEM, THE DEPARTMENT, TO RESPOND BACK.
SO DOES EVERY LIKE WHEN WE DO THESE RFPS, IS THIS.
POINT FROM THE AUDITOR ON THE PUBLIC WORKS AND FACILITIES WEBSITES AS WELL.
WELL WE CAN EASILY THE DATA NOW IS IS GOING THROUGH AND WE FILLED A LOT OF THOSE GAPS.
THIS IS A GOOD THIS IS A GOOD CONVERSATION NOW BECAUSE WE CAN EASILY TAKE THE AUDITOR'S POWERPOINT AND PUT IT ON PUBLIC WORKS AND FACILITIES BECAUSE I THINK IT NEEDS TO BE THERE BECAUSE THAT'S KIND OF WHERE I HEAR THE MOST COMPLAINTS.
AND IF I IF I COULD, COMMISSIONER, TO I DO WANT TO SAY THANK YOU, RENEE, BECAUSE SHE DID INVITE US OUT THE LAST FEW TIMES AT THE SWIM CONFERENCES AND ALLOWED US TO GO AND SPEAK ABOUT THE PROCESS AND STUFF TO HELP ALONG WITH THAT, WITH PAYING VENDORS TIMELY.
I WAS JUST GOING TO CONCLUDE MY MY COMMENTS HERE WITH WITH ONE OF THE COMMENDATIONS THAT CAME FROM GRIFFIN AND STRONG COMMENDATION TO GRIFFIN AND STRONG COMMENDS THE COUNTY ON ITS LEVEL OF UTILIZATION OF SWIMS WITHOUT A RACE AND GENDER CONSCIOUS PROGRAM, ALTHOUGH THERE IS STILL UNDER UTILIZATION OF SOME GROUPS.
OVERALL, ITS SWIM PROGRAM HAS BEEN MORE SUCCESSFUL OBTAINING SWIMMING PARTICIPATION THAN MANY AGENCIES THAT HAVE RACE AND GENDER CONSCIOUS PROGRAMS. I JUST WANTED TO HIGHLIGHT THAT I HADN'T READ THAT BEFORE, AND I THINK THAT THAT EVERYBODY SHOULD TAKE THAT ON BOARD BECAUSE I WANT TO TIE THAT BACK TO THIS WHOLE CONVERSATION.
I THINK WE HAVE TO BE CAREFUL IN THAT WE WANT THIS PROCESS TO BE SMOOTH AND EFFICIENT AND QUICK FOR ALL OF OUR SMALL BUSINESSES.
BUT THE MORE RED TAPE, THE MORE INJECTS THAT WE HAVE INTO THAT PROCESS, THE MORE CHANGES THAT WE IMPLEMENT TO THAT PROCESS, THE HARDER IT'S GOING TO BE TO TO SEE THOSE GOALS, RIGHT? SO WE HAVE TO WEIGH THOSE THINGS IN THE BALANCE.
WE'VE TALKED ABOUT THAT BEFORE.
I KNOW WE'RE GOING TO TALK ABOUT IT AGAIN.
BUT AGAIN, IF WE'RE MAKING SIGNIFICANT CHANGES TO THE PROCUREMENT PROCESS, THEN THAT'S JUST GOING TO ADD MORE CHALLENGES TO YOU AND YOUR TEAM IN TERMS OF BEING ABLE TO EXECUTE EFFICIENTLY AND QUICKLY.
AND, YOU KNOW, I JUST WANT TO HIGHLIGHT THAT.
ALL RIGHT. ANY FURTHER COMMENTS? ONLY CONCLUDING COMMENT IS JUST MORE COLLABORATION IN LINE WITH COMMISSIONER CLAY-FLORES COMMENT.
ANYTHING ELSE? THANK YOU, MISS TORRES.
THANK YOU FOR YOUR PRESENTATION.
ALL RIGHT. I BELIEVE WE'VE CONCLUDED.
LET ME THANK THE MY COLLEAGUES, THE COMMISSIONERS ON COMMISSIONERS COURT FOR COMING ON A NON COMMISSIONER COURT DATE TO DO A WORK SESSION. IT LOOKS LIKE WE DID TWO HOURS OF GOOD WORK TODAY.
AND SO LET ALSO THE RECORD REFLECT THAT COMMISSIONER RODRIGUEZ ASKED TO BE EXCUSED.
HE HAD A PRIOR CONFLICT OF SCHEDULE WAS UNAVAILABLE FOR TODAY.
ALL RIGHT. IS THERE A MOTION TO ADJOURN? I'D LIKE TO TAKE A PERSONAL POINT OF PRIVILEGE, IF I CAN CAN CONGRATULATE.
I WANT TO MAKE SURE I READ THIS CORRECTLY.
CONGRATULATIONS TO THE BEAR COUNTY CRIME LAB FOR APLAUSO.
THAT MEANS I KNOW COMMISSIONER'S COURT.
LIGHTEN UP. WE'RE ALMOST DONE.
SO THE BEAR COUNTY CRIME LAB, BECAUSE THEY EARNED TOP HONORS FOR THE FOURTH YEAR, THEY RECEIVED THE COVETED FORESIGHT MAXIMUS AWARD FROM THE AMERICAN SOCIETY OF CRIME LAB DIRECTOR. SO THANKS FOR THE WORK.
AND I KNOW THEY'RE BUILDING A NEW LAB.
THEY'RE GOING TO BE IN MY PRECINCT.
SO CONGRATULATIONS TO THEM AND MOVE TO ADJOURN.
MOTION BY COMMISSIONER CLAY-FLORES SECOND BY COMMISSIONER MOODY.
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.
AYE. ANY OPPOSED? MEETING ADJOURNED. HAVE A GREAT DAY.
* This transcript was compiled from uncorrected Closed Captioning.