1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Tuesday, April 9, 2024 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: ROB KELLY, Kerr County Judge ANNE OVERBY, Commissioner Precinct 1 24 RICH PACES, Commissioner Precinct 2 JONATHAN LETZ, Commissioner Precinct 3 25 DON HARRIS, Commissioner Precinct 4 2 1 I-N-D-E-X 2 NO. PAGE 3 *** Public Input. 5 4 *** Commissioner's Comments. 7 5 1.1 Consider, discuss and take appropriate 10 action to approve Proclamation designating 6 May 2, 2024 as "National Day of Prayer", and approve request to use the courthouse 7 grounds for an event that day. 8 1.2 Consider, discuss and take appropriate 10 action to approve renewal of Quadient 9 Postage equipment lease agreement under Texas Buy Board Rates. 10 1.3 Consider, discuss and take appropriate 11 11 action to approve request to transfer a 2015 Chevrolet Tahoe Police SUV from the 12 Animal Services Department to the Constable Precinct 3 Office. 13 1.4 Consider, discuss and take appropriate 16 14 action to approve Intergovernmental Agreements with the City of Ingram, Kerrville Independent 15 School District, Kerrville Public Utility Board, and the Upper Guadalupe River Authority 16 for the Hazard Mitigation Action Plan. 17 1.5 Consider, discuss and take appropriate 16 action to approve application, and 18 Resolution, for Operation Stone Garden. 19 1.6 Consider, discuss and take appropriate 18 action to approve donating to the Civil Air 20 Patrol-TX442, Squadron Commander Thomas King, 4 radios, 2 chargers that have no value and 21 cannot serve the Kerr County Sheriff's Office mission in protecting the public anymore. 22 1.7 Update regarding issues related to the 20 23 Comfort Radio Tower. 24 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.8 Consider, discuss and take appropriate 28 action to appoint a member of Commissioners' 4 Court or designate a person to perform an investigation under Section 751.005 of the 5 Texas Health and Safety Code for the purpose of determining if the minimum standards for 6 ensuring public safety and order as prescribed by law will be maintained under the application 7 for permit for the Kerrville Folk Festival being held from May 23, 2024 to June 9, 2024. 8 Hearing on the Mass Gathering Permit has been set for April 22 at 8:30 a.m. in the Kerr 9 Commissioners' Courtroom. 10 1.9 Consider, discuss and take appropriate 29 action regarding Jail Commissary and Inmate 11 Trust Internal Audit Report. 12 1.10 Consider, discuss and take appropriate 30 action regarding Disaster Declaration for 13 the April 8, 2024 solar eclipse that was extended to April 11, 2024. 14 1.14 Consider, discuss and take appropriate 33 15 action regarding required upgrades to the fire panel in the courthouse. 16 2.1 Budget Amendments. 37 17 2.2 Pay Bills. 39 18 2.5 Accept Monthly Reports. 40 19 2.6 Court Orders. 41 20 3.2 Status reports from Elected Officials. 42 21 3.3 Status reports from Liaison Commissioners. 44 22 1.11 Consider, discuss and take appropriate 23 action to approve Proclamation regarding the Kerrville VA Medical Center 24 Centennial Program. 25 4 1 I-N-D-E-X 2 NO. PAGE 3 1.12 Consider, discuss and take appropriate 50 action to approve the Settlement Agreement 4 between Kerr County, Texas and D Guerra Construction, LLC for the East Kerr County/ 5 Center Point Wastewater Collection Project and contracts known as Center Point Wastewater 6 Collection System Phase II TWDB Project No. 10366 CID-02, and Center Point Wastewater 7 Collection System Phase III, TWDB 10366 CID-03. 8 1.13 Consider, discuss and take appropriate 54 9 action to set a public hearing for April 22, 2024 at 10:00 a.m. for the removal of an 10 existing cattle guard located near 595 Indian Creek Road, subject to said cattle guard being 11 replaced with a new one located near 675 Indian Creek Road. 12 4.2(a) Consider, discuss and take appropriate 57 13 action to authorize Paid Time Off from start date and offer life and supplemental 14 insurance to temporary employee in the Veteran Services Office as originally 15 intended. 16 *** Adjournment. 57 17 *** Reporter's Certificate. 58 18 * * * * * * 19 20 21 22 23 24 25 5 1 JUDGE KELLY: Court will come to order. It 2 is Tuesday, April the 9th, 2024, 9:00 o'clock in the 3 morning, and the Kerr County Commissioners' Court is now 4 in session. Please stand for the prayer and pledge, 5 which will be led by Commissioner Paces. 6 (Prayer and Pledge) 7 JUDGE KELLY: Please be seated. 8 First admonition is for everybody to turn 9 their phone off or to vibrate so that it doesn't 10 interrupt the proceedings. And with that, the next item 11 on our agenda is public input. This is an opportunity 12 for folks to address the Court. We ask that you limit 13 your remarks to three minutes. And if what you want to 14 talk to the Court about is on the agenda, we request 15 that you wait until that agenda item is called. Those 16 are our local rules. 17 So with that, do we have anybody that wants 18 to address the Court generally? Okay. 19 MR. RICHTER: Excuse me. I didn't bring 20 my -- 21 JUDGE KELLY: Go up to the podium. 22 MR. RICHTER: I've never been here. I 23 didn't bring my hearing aid. What do I do? 24 SHERIFF LEITHA: Stand right here -- 25 MR. RICHTER: Okay. Thanks. 6 1 SHERIFF LEITHA: -- and talk to the Judge. 2 JUDGE KELLY: State your name and your 3 address. 4 MR. RICHTER: Walter Richter. 5 JUDGE KELLY: Okay. 6 MR. RICHTER: I live in town here. I'm new 7 to the area, three years. But yesterday, we -- I took 8 some friends to Flat Rock Park just for a tour. And 9 there was some folks in yellow jackets there trying to 10 get $70.00 out of us to tour the park. And he says 11 you're lucky, we were charging a hundred earlier. And I 12 says well, I got friends here with a motor home. Well, 13 if you bring the motor home, we're going to charge you 14 400. It's a County park. 15 Now, they were very polite, don't get me 16 wrong. I says we just want to take a tour. Well, he 17 said, make sure you come back out. And I said, well, do 18 you have stickers or something for the cars that did 19 pay? He says no, everything's on our app. I says, will 20 you give us a receipt? He says no, it's on the app. 21 So I'm very confused. You charge $70 to go 22 to your beautiful park and you don't provide no food, no 23 band, no car show. I was just taken away. They did let 24 us take the tour, but he says make sure you come out. 25 And I went back later, and there were maybe five cars in 7 1 there but the boat ramp, the cars were in there like 2 sardines. You created a bigger problem when those cars 3 tried to leave. That's my concern. 4 Why did they want to charge that much money 5 just to park a car in a County beautiful park? I go 6 there otherwise to the car shows, Easter events. Thank 7 you for listening. It's not a complaint, it's a 8 concern. Beautiful town and beautiful city. Thank you. 9 JUDGE KELLY: Thank you. 10 Anyone else wants to address the Court? 11 Okay then we'll move on to Commissioners' 12 Comments. Precinct 1. 13 COMMISSIONER OVERBY: Totally enjoyed the 14 eclipse in Precinct 1. We had enough opening of the 15 skies to see a lot. 16 Also, we've had a couple of -- several calls 17 about one of the roads. Pikes Peak Road in Precinct 1, 18 out near Upper Turtle Creek. We'll have a meeting this 19 week with Road & Bridge. Come up with the best plan to 20 fix that road and I promise to get back to all those 21 people, let them know what our plan is this week. That 22 we're on it. 23 JUDGE KELLY: Okay. Good. Precinct 2. 24 COMMISSIONER PACES: Nothing major from me 25 for this meeting. Except -- except -- too good to be 8 1 true, wasn't it? It's a real gem though. I do want to 2 thank the Sheriff and all of his staff, as well as KPD 3 and KSD, for all the preparation and efforts that went 4 into getting ready for the eclipse. You know, I also 5 want to thank all of the VFDs. They didn't get paid, 6 but they were out there all day yesterday, doing 7 whatever they needed to do to try to help, which 8 fortunately they didn't really need to do much other 9 than direct a little bit of traffic, particular out your 10 way, out 39. 11 But I think overall it went really well. 12 Maybe the turnout was a fair bit lower because of the 13 weather, but nonetheless. Just a big thank you to 14 everybody who turned out for the eclipse yesterday. 15 Road & Bridge, too. 16 JUDGE KELLY: Precinct 3. 17 COMMISSIONER LETZ: I think I'll just follow 18 up a little bit on that. This whole thing overall, I 19 mean the City, County, fire department -- everyone who's 20 been planning for several years for this. It was 21 probably fewer people showed up than we expected, but 22 it's much better to be prepared than unprepared. So I 23 think we -- all that work was not going to waste. 24 COMMISSIONER HARRIS: I agree with what you 25 just said. And, you know, you never know. You know, 9 1 everybody has been asking us for a long time, how many 2 people are coming? Well, heck, we don't know until they 3 show up. And so I think all -- all of us, both City and 4 County, both were prepared for whatever came their way. 5 One thing I want to mention, I've got a 6 photograph, an old photograph here that Scott Loveland 7 from the City gave us. Came across it somewhere in the 8 closet or whatever. And it's an old picture, probably 9 in the 50's, and the vehicles of Precinct 4. It looks 10 like an old fire engine or something. It's got hoses 11 and a light on top, and I made an extra copy that the 12 Hunt Store said we could display it. And we're going to 13 try to get hopefully some people to come in and identify 14 some of these folks, relatives or whatever, and find out 15 who all these guys are. So just wanted to throw that 16 out there. That's all I got. 17 JUDGE KELLY: The only comment I would make 18 is if you did not have an opportunity to go over to 19 Operations Main Center over here, it was incredible. 20 That -- the City is one that had that arranged, is that 21 right, Dub? 22 MR. THOMAS: Correct, yes, sir. 23 JUDGE KELLY: But if you didn't see the 24 command center, it was very, very impressive. And I 25 guess the good news, bad news. Bad news is not as many 10 1 people come as we thought might come or we were told 2 would come, but the good news is we were grossly 3 over-prepared, which was the way you want it to be. 4 So with that, we'll move on to the 5 Consideration Agenda item 1.1 consider, discuss and take 6 appropriate action to approve a proclamation designating 7 May 2nd, 2024, as National Day of Prayer, and approve a 8 request to use the courthouse grounds for an event that 9 day. I don't see Matt. 10 COMMISSIONER LETZ: Judge, I'll move for 11 approval of the proclamation. 12 COMMISSIONER OVERBY: I'll second that. 13 JUDGE KELLY: We've got a motion and a 14 second to approve the National Day of Prayer for May 2nd 15 here at the courthouse. Any discussion? Those in favor 16 say aye. Opposed? Unanimous. 17 Moving on. Item 1.2 consider, discuss and 18 take appropriate action to approve renewal of the 19 Quadient Postage equipment lease agreement between Texas 20 Buy Board Rates. Miss Lantz. 21 MS. LANTZ: Good morning, Judge and 22 Commissioners. This is something we bring to the Court 23 every five years. Our lease agreement is renewed every 24 five years; however, they requested we renew it a little 25 bit early in order to get the price where it doesn't 11 1 have an increase. Currently, we're going to have a 2 $16.00 a month increase with this new contract; however, 3 we're going to be getting new equipment as well. 4 So this postage meter that we do have is for 5 my office, as well as the District Judges and Region 6. 6 So those are everyone that uses this postage meter in my 7 office. So I'm just asking the Court to renew the 8 contract. And Heather has reviewed the contract and 9 advised it's good to go. 10 JUDGE KELLY: Okay. 11 COMMISSIONER LETZ: I move for approval. 12 COMMISSIONER PACES: I'll second. 13 JUDGE KELLY: Got a motion and a second to 14 approve renewing the Quadient Postage equipment lease 15 agreement as presented. Any discussion? Those in favor 16 say aye. Opposed? Unanimous. 17 MS. LANTZ: Thank you. 18 JUDGE KELLY: Item 1.3 consider, discuss and 19 take appropriate action to approve a request to transfer 20 a 2015 Chevrolet Tahoe Police SUV from the Animal 21 Services Department to the Constable Precinct 3. 22 Constable Gonzales. 23 CONSTABLE GONZALES: Good morning, Your 24 Honor, Commissioners. Real quick I want to take this 25 opportunity. If I could get the Sheriff and Dub to 12 1 please stand up. Let's give them a round of applause 2 for all their hard work. 3 (Applause.) 4 COMMISSIONER HARRIS: I don't think the 5 camera saw y'all but -- 6 CONSTABLE GONZALES: Yes, sir. What I'm 7 requesting is for your consideration in the transfer of 8 a 2015 Chevrolet Police Tahoe SUV from the Animal 9 Services Department to the Constable Precinct 3 office. 10 The vehicle is still operational. It will not be a 11 daily driver, but it will be a vehicle to be used 12 as-needed by the office of Constable Precinct 3. 13 Here's a couple of things that I want to 14 point out, is I've got two reserve deputies assigned to 15 my office. And having only one unit makes it very 16 difficult to assign those deputies to all the 17 assignments that I need them to do. So they have an 18 assistant in my office on various occasions using their 19 personal vehicles. But for safety and security reasons, 20 for other assignments I would need them to be in a 21 marked unit. So having that additional marked unit not 22 only increases the law enforcement presence within the 23 community, but also visibility throughout the community. 24 The other thing is, of course as I 25 mentioned, it will expand services to be provided. And 13 1 then it'll also serve as a backup vehicle in the event 2 that all of the Constables within Kerr County need a 3 vehicle due to their primary vehicle being out of 4 service. 5 We currently -- all the Constables have only 6 one vehicle, and within the last 30 days, I've had to 7 down my unit on two separate occasions. And on those 8 two occasions, it was two days in a row. And so I -- 9 luckily I had this vehicle available and so I was able 10 to put it to use for those two days while the other 11 vehicle is being repaired. 12 So it'll provide -- it'll be a forcible 13 flier for not only the office but to Kerr County, to the 14 community, to have this additional vehicle. I'm not 15 asking for the purchase of a new vehicle. It's just a 16 transfer from one department to the other, you know, 17 just, you know, being transparent. 18 You know, there will be some, you know, fuel 19 expense and some, you know, general maintenance expense. 20 Oil change and stuff like that. But very minimal in 21 comparison to be trying to ask for a new vehicle of any 22 sort. So just want your consideration on this request. 23 COMMISSIONER LETZ: I move for approval, and 24 then I have a question. 25 COMMISSIONER PACES: Second. 14 1 JUDGE KELLY: Got a motion and a second. 2 Any discussion? 3 COMMISSIONER LETZ: Paul, is this the 4 vehicle that the Sheriff transferred to Animal Control 5 when maybe -- but I think Director Givens didn't have a 6 vehicle? 7 CONSTABLE GONZALES: Yes, sir, it is. While 8 their vehicles were on order and on back order to assist 9 Animal Services and the Constables, the Sheriff was able 10 to transfer two vehicles to their department to assist 11 them. And one of them has already been replaced and 12 this was the backup vehicle. 13 COMMISSIONER LETZ: Thank you. 14 CONSTABLE GONZALES: Yes, sir. 15 COMMISSIONER HARRIS: There's something else 16 you mentioned, Paul. You know, from time to time, you 17 know, a vehicle is going to be in the shop for one thing 18 or another. I remember we had one out in Precinct 4, 19 Constable had a wreck and the Sheriff stepped up, had 20 something that he could loan him for, you know, several 21 weeks or what have you. So we do have things that come 22 up like that and the Sheriff's been able to accommodate 23 us -- 24 CONSTABLE GONZALES: Yes, sir. Yes, sir. 25 COMMISSIONER HARRIS: -- when that happened. 15 1 COMMISSIONER PACES: Paul, do we have an 2 estimated value on that vehicle? 3 CONSTABLE GONZALES: No, sir, I do not. 4 COMMISSIONER PACES: Trade it in or 5 something? 6 COMMISSIONER HARRIS: Yeah, sometimes it's 7 more valuable for us to keep something than trade it in 8 for what we can get here. 9 COMMISSIONER PACES: No, I -- in the 10 interest of transparency. 11 JUDGE KELLY: I would say nominal. 12 COMMISSIONER LETZ: It's about 15, 10 years 13 old. 14 CONSTABLE GONZALES: About 15,000, I think. 15 COMMISSIONER LETZ: 15,000? 16 CONSTABLE GONZALES: For that year model and 17 equipment. 18 JUDGE KELLY: Any further discussion? Those 19 in favor say aye. Opposed? Unanimous. 20 JUDGE KELLY: Thank you, Paul. 21 CONSTABLE GONZALES: Thank you. 22 JUDGE KELLY: 1.4 consider, discuss and take 23 appropriate action to approve the Intergovernmental 24 Agreements with the City of Ingram, Kerrville 25 Independent School District, Kerrville Public Utility 16 1 Board, and the Upper Guadalupe River Authority for the 2 Hazard Mitigation Action Plan. Dub Thomas. 3 MR. THOMAS: Good morning, Judge. Good 4 morning, Commissioners. So what you have before you are 5 the agreements between five of the six of the 6 participants in the Hazard Mitigation Plan. Basically, 7 those Interlocal Agreements outline the other 8 participants' responsibilities under the plan, under the 9 agreement to participate in the plan, and any payment 10 for those services. 11 COMMISSIONER LETZ: I move for approval. 12 COMMISSIONER OVERBY: I'll second. 13 JUDGE KELLY: Got a motion and a second. 14 Any discussion? Those in favor say aye. Opposed? 15 Unanimous. Thank you, Dub. 16 MR. THOMAS: Thank you, Judge. 17 JUDGE KELLY: 1.5 consider, discuss and take 18 appropriate action to approve an application and 19 resolution for Operation Stone Garden. Scott Gaige. 20 MR. GAIGE: Good morning, Judge, 21 Commissioners. Application grant 489930 for Operation 22 Stone Garden, which is a campaign from Val Verde County. 23 If you remember from last year, we fell under the 24 campaign from Sutton County. They moved us this year to 25 Val Verde County. The reason for that is just initial 17 1 County, they write the campaign. And then the friendly 2 forces are attached to that. I just ask you a placement 3 of money. 4 So we moved to Val Verde so we'll get a 5 higher reward moving to the upper County. So the 6 estimated award on this would be about 162,000. 7 Primarily for overtime for Stone Garden project, and 8 then equipment is probably around 76,000. And then some 9 maintenance and some vehicle operating costs as well. 10 Once the resolution -- and the Judge will 11 certify that and we can go forth. And I expect the 12 award should be pretty quick. Probably, hopefully, by 13 the next Commissioners' Court. Because the -- the 14 Governor's Office was really pushing us to get this 15 going because they're looking at sending out the award. 16 COMMISSIONER HARRIS: I move for approval. 17 COMMISSIONER PACES: And I'll second. 18 JUDGE KELLY: Got a motion and a second to 19 approve the Operation Stone Garden application and 20 Resolution as presented. Any -- 21 COMMISSIONER PACES: Yeah. One question, 22 Scott. You mentioned two different numbers. Is it the 23 total value of the award 162,000? 24 MR. GAIGE: Yes. 162,465, right? 25 Approximate. Something like that. 18 1 COMMISSIONER PACES: Okay. 2 MR. GAIGE: Yeah. Just kind of a breakdown. 3 About 77,000 in overtime. Equipment is about 76,000. 4 And then about 1500 is maintenance and about 6100 in 5 operating costs for the vehicles. So we're projected -- 6 we're kind of working with next year for Stone Garden. 7 We're actually going to move to the campaign under 8 Kimble County. Kimble County will be the primary on 9 that. They've added a bunch of other agencies into the 10 Kimble County campaign so they'll move us under Kimble 11 County, which is a little closer than Val Verde County 12 so. But we don't -- we don't know what the projected 13 amount would be for that. 14 JUDGE KELLY: Okay. Any other discussion? 15 Those in favor say aye. Opposed? Unanimous. Thank 16 you. 17 Item 1.6 consider, discuss and take 18 appropriate action to approve donating to the Civil Air 19 Patrol TX442, Squadron Commander Thomas King, 4 radios, 20 2 chargers that have no value and cannot serve the Kerr 21 County Sheriff's Office mission in protecting the public 22 anymore. Sheriff. 23 SHERIFF LEITHA: Yes. I'm just looking for 24 the Court's approval to be able to donate that to the 25 Civil Air Patrol. What it is, we're just trying to 19 1 clean up and get rid of a lot of old stuff. Sergeant 2 Piper was able to find that in the Courthouse. I have 3 no idea. It's probably over 20 years old. It's not 4 even compatible with our current system, much less our 5 new system. So I think that gives you an idea. 6 So I know they said they can use it. It's 7 really of no value. It's been sitting -- who knows, and 8 just -- I told everybody that identifies stuff we don't 9 use it anymore and get rid of it. So if they can use 10 it, it'd be a good idea to give it to them. 11 COMMISSIONER PACES: I'll move to approve 12 the donation of this equipment to the Civil Air Patrol. 13 COMMISSIONER HARRIS: Second. 14 JUDGE KELLY: Got a motion and a second. 15 And just so the public knows, we actually had the Civil 16 Air Patrol in the air yesterday -- 17 SHERIFF LEITHA: Yes, we did. 18 JUDGE KELLY: -- reporting on the traffic 19 situation. 20 SHERIFF LEITHA: A lot of help, yes. 21 COMMISSIONER LETZ: Question. Probably to 22 the County Attorney. Does this have to be surplused 23 first or is it -- they consider it a governmental agency 24 that we can just transfer it to? 25 MRS. STEBBINS: We can do it with an 20 1 agreement. Y'all can approve it today and then I'll 2 need to draft something up that they accept it as-is. 3 COMMISSIONER LETZ: Sure. 4 MRS. STEBBINS: And I can do it quickly. 5 SHERIFF LEITHA: Okay. 6 JUDGE KELLY: Okay. With that, those in 7 favor say aye. Opposed? Unanimous. 8 Item 1.7 update regarding issues related to 9 the Comfort radio tower. Sheriff. 10 SHERIFF LEITHA: This one ain't going to be 11 that easy, guys. 12 JUDGE KELLY: Nobody said it was going to be 13 easy. 14 SHERIFF LEITHA: Right. I had a meeting, 15 emergency meeting, right after the last Court date with 16 Commissioner Paces because Commissioner Paces is the 17 commissioner liaison for this project, also a liaison 18 for the volunteer fire departments. So right after the 19 last meeting, I kind of halted it all right now. 20 Stopped the project. 21 What's going on is we were contacted by West 22 Texas Wireless. This is our Comfort tower. It's very 23 important. And we were notified that they are going to 24 be turning in that lease and taking down that tower. 25 Just wanted everybody to know, we did not know that a 21 1 year or two ago. So obviously, there's two trains of 2 thought and I really need some info. We're not going to 3 be able to sign anything today because I don't have a 4 lot. 5 But I'll tell you what I do have is that 6 there -- our lease is up March of 2025. Okay. One 7 year. Or less than a year. Their lease is up December 8 20, 2026. And that's when they're taking the tower 9 down. They'll probably take it down before that. We're 10 three months from being live. Obviously, every week I 11 hold it, it's just adding on. So -- but I have to hold 12 it until I get some direction from y'all and, like I 13 said, I can't give y'all a whole lot today. 14 But what I can tell you is we have asked 15 Motorola to give us an update where they're at, how much 16 we've spent on that site. Because if we decide to move 17 toward, you know, if we're three, four months out, you 18 know, we're six months or less than being off the 19 contract. Which do we just keep going and investing or 20 do we look for something else? None of this is easy. 21 It all takes a lot of time. We've been working for two 22 weeks on getting some answers. 23 I'll give you an example, American Tower. 24 And the thing is, we have to stay in that general area, 25 the Comfort area, and there's a lot of towers there. 22 1 American Towers is one of them. I had the property 2 manager willing to look into them. We currently pay 3 5800 a year to West Texas Wireless. One of the quotes 4 costs about two to five thousand to get started and it 5 was 4800 a month. I kind of told them they were crazy. 6 You know what I mean? That's just -- that's just too 7 high. 8 So basically, we're looking at options. The 9 one option I really want to work out that we're working 10 on currently, is we're working with West Texas Wireless. 11 They've been real good. Remember, they -- they sold out 12 to Verizon. So they don't need the tower. They're just 13 leasing until the end and then they're going to take it 14 down. That is their tower. They're going to take it 15 down. So we really don't have an option. We're really 16 trying to negotiate with them, they've been really good 17 to let us -- because we pay them, so they can approve 18 it, let us stay until December, 2026. I think that's 19 the best thing. Because we're three months from being 20 live. Of course, they gotta say yes. And then, pretty 21 much, I've got to immediately start looking for a tower 22 now. I mean -- you know what I mean? Because all that 23 takes awhile. 24 The worst news is if I hold it and don't go 25 and finish it, we're probably a year to a year and a 23 1 half out. Finding another location, getting all the 2 permits, getting the engineering done and stuff. So 3 we're at a year, year and a half. So it's kind of a no 4 win, rock in a hard spot. 5 The best thing, I think, is for West Texas 6 Wireless and we're working really hard for them telling 7 us you can stay gives us a little bit of time to start 8 looking. But we will have to move. Those costs, I'm 9 trying to do my best to get those costs -- there are a 10 lot of unknown costs, what is the tower ramped at? One 11 was -- come in at 4800. You know, you have to do some 12 studies. They have to do some tower studies to see what 13 kind of weight. We've got a building that's gotta be put 14 out there. So like I said, we've kind of got an 15 unknown. 16 COMMISSIONER LETZ: Sheriff, where is this 17 particular tower? 18 SHERIFF LEITHA: By Loves. 19 COMMISSIONER LETZ: By the Loves? 20 SHERIFF LEITHA: Yeah, by the Loves 21 trucking. It's currently there. And there's a lot of 22 towers there but it doesn't -- yeah, I tell people it 23 doesn't matter if it's one mile or 100 miles because of 24 the cost. And, you know, to just go move all that and, 25 you know, we're three months from being live. 24 1 But now, obviously, I gotta hold up two more 2 weeks and, you know, I'll have to give you an update in 3 two weeks. I really wanted answers but they just don't 4 respond back to you real quick. You know, they gotta go 5 through their upper management. 6 But just want y'all to be advised. I'll be 7 here every Court date and letting you know. I think the 8 way to go if they'll let us stay. As Commissioner Paces 9 said, that's the way and then we just start looking for 10 another tower. You know, I know budget season's coming 11 up. You know, and I've got to get some figures, you 12 know. At least we can get by about a year and start 13 planning for something else. I just really want y'all 14 to know that's kind of where we're at. I'll be happy to 15 answer any questions you have. 16 JUDGE KELLY: I want to make sure I 17 understand the situation. Who owns the tower? 18 SHERIFF LEITHA: A man in Comfort. 19 JUDGE KELLY: Okay. 20 SHERIFF LEITHA: I don't have his name. 21 JUDGE KELLY: That's all right. 22 SHERIFF LEITHA: Yes, sir. 23 JUDGE KELLY: And West Texas Wireless 24 operates it? 25 COMMISSIONER PACES: I don't think that's 25 1 right. He owns the land, right, where the tower is? He 2 doesn't actually own the towers? 3 SHERIFF LEITHA: He owns the land, yeah. 4 West -- he owns the land that the tower is on. West 5 Texas Wireless owns the tower. 6 JUDGE KELLY: Yeah. And they -- they lease 7 the land for the placement of the tower? 8 SHERIFF LEITHA: Correct. 9 COMMISSIONER OVERBY: And that's -- 10 SHERIFF LEITHA: Until December, 2026. They 11 could take it down now. Well, we -- not really because 12 we're in a lease until -- they can take it down in 13 April. 14 JUDGE KELLY: And so they're taking it down 15 because of non-use? 16 SHERIFF LEITHA: They sold to Verizon. They 17 don't need it, remember? West Texas Wireless sold. And 18 there isn't a lease, that's the only reason they've left 19 it there is because we do have it until March and we're 20 trying to get them -- it really doesn't hurt them to 21 leave it there. 22 JUDGE KELLY: That's what I'm trying to 23 understand. Why won't they just leave it there? 24 SHERIFF LEITHA: They're leasing it from the 25 guy. And, you know, I've heard different figures. I 26 1 don't know what they're paying the landowner but why 2 lease it if they're -- 3 COMMISSIONER LETZ: They have another tower 4 they're using. Okay. 5 SHERIFF LEITHA: Yeah, yeah, correct. 6 COMMISSIONER HARRIS: Verizon already has a 7 tower. 8 SHERIFF LEITHA: Yeah, yeah. Verizon -- 9 COMMISSIONER OVERBY: Have we contacted the 10 landowner to see if we can lease it directly from him? 11 (Talking over). 12 COMMISSIONER OVERBY: We don't? Okay. 13 SHERIFF LEITHA: Well, they have no use to 14 it. 15 COMMISSIONER OVERBY: Okay. I wondered 16 what -- 17 COMMISSIONER LETZ: I think I know the 18 landowner's name. We don't want that out. 19 SHERIFF LEITHA: I mean they kind of offered 20 it, but we don't want to get in the tower business. 21 COMMISSIONER PACES: Unless we extend this 22 lease, ideally to December 2027 -- 23 SHERIFF LEITHA: That is the perfect -- 24 COMMISSIONER PACES: -- to have more 25 flexibility to find another option. 27 1 SHERIFF LEITHA: Yeah. Right. 2 COMMISSIONER PACES: Which we don't -- 3 JUDGE KELLY: Well, we have -- we have to 4 talk them into doing that. 5 COMMISSIONER PACES: Yes. Otherwise, we do 6 have until March of 2025 under our lease. So we have 7 some time but -- 8 SHERIFF LEITHA: We do. But so the Court 9 knows why, if we have to stay on March, why -- I mean 10 we've already -- I mean, Motorola has made it clear to 11 me, hey, this is above and beyond. You know, you've 12 already paid. 13 COMMISSIONER PACES: Yeah. 14 SHERIFF LEITHA: You know, we're ready but 15 why invest if I'm only going to be there six months. 16 It's taken me that long to find another place. You 17 know, why finish it. But I mean it's a tough decision. 18 So we're working on it. 19 COMMISSIONER PACES: I do think it's 20 important that we go live with the new radio system. So 21 I'm open to do that without have huge losses or -- 22 SHERIFF LEITHA: If the Court tells me this 23 is what you want, that's what we'll do. I just -- it's 24 a tough deal. 25 JUDGE KELLY: Well, keep us in the loop. 28 1 SHERIFF LEITHA: Yeah, I'll have a better 2 one by next -- within two weeks. Maybe we can decide to 3 finish it. 4 JUDGE KELLY: Let's move on to Item 1.8 5 consider, discuss and take appropriate action to appoint 6 a member of Commissioners' Court or designate a person 7 to perform an investigation under Section 751.005 of the 8 Texas Health and Safety Code for the purpose of 9 determining if the minimum standards for ensuring public 10 safety and order as prescribed by law will be maintained 11 under the application for permit for the Kerrville Folk 12 Festival being held from May 23, 2024 to June 9 of 2024. 13 Hearing on the Mass Gathering Permit has been set for 14 April the 22nd at 8:30 a.m. in the Commissioners' 15 Courtroom. 16 COMMISSIONER OVERBY: Since I've already met 17 the Executive Director, I will meet her again on April 18 the 22nd at 8:30. 19 JUDGE KELLY: Thank you. 20 COMMISSIONER PACES: That's really good. 21 COMMISSIONER OVERBY: Make that quick. 22 COMMISSIONER PACES: Otherwise, I was going 23 to suggest that we give Commissioner Letz an opportunity 24 to -- 25 COMMISSIONER OVERBY: She and I had a lovely 29 1 conversation, we'll just continue it. Yeah. 2 COMMISSIONER LETZ: I'll make a motion to 3 appoint Commissioner Overby. 4 COMMISSIONER HARRIS: Second. 5 JUDGE KELLY: We've got a motion and a 6 second. All those in favor say aye. Unanimous. 7 COMMISSIONER HARRIS: Look at that in the 8 rearview mirror, huh? 9 JUDGE KELLY: 1.9 consider, discuss and take 10 appropriate action regarding Jail Commissary and Inmate 11 Trust Internal Audit Report. Miss Shelton. 12 MRS. SHELTON: Yes. The Auditor's Office 13 conducted an audit of the jail commissary and Inmates 14 Trust Accounts for the year ending 9-30-2023. We also 15 issued a report to the Sheriff. Based on the testing 16 procedures performed, expenditures and revenues were 17 supported by adequate documentation and purchases were 18 made in accordance with Local Government Code, Section 19 351.0415. As required upon the Court's acceptance of 20 the report, the report will be sent to the Texas 21 Commission on Jail Standards. This is an annual 22 occurrence. 23 JUDGE KELLY: This is the kind of report 24 that we like to get. 25 COMMISSIONER HARRIS: I move for approval. 30 1 COMMISSIONER OVERBY: I'll second. 2 JUDGE KELLY: We've got a motion and a 3 second to approve the audit as presented. Any 4 conversation? Those in favor say aye. Opposed? 5 Unanimous. 6 Item 1.10 consider, discuss and take 7 appropriate action regarding the Disaster Declaration 8 for the April 8th, 2024 solar eclipse that was extended 9 to April 11, 2024. 10 This is if needed. And the recommendation 11 now is that we go ahead and discontinue the disaster 12 declaration. But we did have it in place had we needed 13 it, which is real important. 14 COMMISSIONER LETZ: I'll make -- 15 COMMISSIONER PACES: Go ahead, you can make 16 the motion. 17 COMMISSIONER LETZ: I'll make a motion that 18 we discontinue the disaster declaration effective 19 immediately. 20 COMMISSIONER PACES: I'll second. 21 JUDGE KELLY: Got a motion and a second to 22 discontinue the disaster declaration. 23 COMMISSIONER PACES: My question is whether 24 that discontinues the burn ban and the big ban, which 25 technically are until tomorrow at noon. Right now. But 31 1 that's -- 2 COMMISSIONER OVERBY: I think we can do 3 both. 4 COMMISSIONER PACES: So by eliminating this, 5 we're lifting the burn ban immediately, right? 6 COMMISSIONER LETZ: I would think so, yes. 7 COMMISSIONER PACES: Yes? 8 COMMISSIONER HARRIS: I don't mind wrapping 9 that up into this. 10 COMMISSIONER PACES: Well, that's what I'm 11 trying to clarify. 12 JUDGE KELLY: Yes. 13 MRS. STEBBINS: It goes only -- the power to 14 do that only came from the declaration of the disaster, 15 so by discontinuing the disaster it really -- 16 COMMISSIONER OVERBY: We get rid of that. 17 Got it. 18 COMMISSIONER PACES: Okay. I just wanted 19 to -- 20 COMMISSIONER OVERBY: Good deal. 21 COMMISSIONER PACES: -- clarify and confirm. 22 COMMISSIONER HARRIS: Good point. 23 JUDGE KELLY: Good prevention. 24 COMMISSIONER OVERBY: Yeah. 25 JUDGE KELLY: Okay. Those in favor say aye. 32 1 Opposed? Unanimous. 2 Okay. We've got a timed item at 9:45. 3 COMMISSIONER HARRIS: We have an addendum 4 that we -- 5 COMMISSIONER OVERBY: Oh, she's here. 6 JUDGE KELLY: I can't take you before 9:45. 7 MRS. MARSH: Oh, really? 8 COMMISSIONER OVERBY: You've been warned. 9 MRS. MARSH: Okay. I'll read this very 10 slowly. 11 COMMISSIONER PACES: No. You can't. 12 COMMISSIONER OVERBY: No, you can't. 13 COMMISSIONER HARRIS: We've gotta wait. 14 MRS. MARSH: Okay. 15 COMMISSIONER PACES: But we don't have any 16 other items. 17 COMMISSIONER LETZ: Yes, we do. 18 COMMISSIONER PACES: We do? 19 COMMISSIONER LETZ: The addendum. 20 COMMISSIONER PACES: Okay. 21 JUDGE KELLY: Let's go to Item 1.14 on the 22 addendum. That's consider, discuss and take appropriate 23 action regarding required upgrades to the fire panel in 24 the courthouse. 25 MR. EVANS: Good morning, gentlemen. Well, 33 1 how this all came about is when we had our little fire 2 in the Treasurer's Office, a lot of smoke. The smoke 3 detectors didn't sound off like they were supposed to. 4 Got that repaired. But there was a request made to have 5 an audit, a strobe put in the Treasurer's Office, which 6 is the same code because there's more than two people in 7 that office, which is legitimate, so we're just going 8 to do the upgrade. 9 So when we -- had we pulled the permit -- or 10 not we, the fire alarm company pulled the permit that 11 did that, the Fire Marshal made it a stipulation that -- 12 and you'll see the additional information, is that 13 strobe must remain on when the panel is silent. The 14 strobe was not staying on when you go from a fire alarm 15 and -- and it's not up to code and we have to change 16 that. 17 Part of the reasoning is, when we -- back in 18 2016, the fire panel was upgraded. Got new smoke 19 detectors. But what remained was a bunch of pull 20 stations, audiovisuals and strobes that were different 21 manufactures. And for whatever reason, it's not 22 communicating to the panel like it should. So when you 23 do take it off of alarm, you know, the horn, the 24 strobe -- the light is supposed to stay on and start 25 blinking until the panel is cleared. It's not doing 34 1 that. 2 The manufacturer suggested that it's because 3 of all the different pull stations, different horns and 4 strobes. So I have to get this up to code and it's 5 already -- and brought up why I have to get it up to 6 code, which is going to be the maximum of $14,000. I 7 have that in my budget at the moment. But come 8 September, I'm not going to have that. So either I'll 9 pay for it now or we can do -- state a budget adjustment 10 later. So kind of where I'm going with this is, like, 11 do I go ahead and pay for it out of my budget or do we 12 do another way of contingency or something. 13 COMMISSIONER PACES: Is that is going to 14 exhaust your budget? 15 MR. EVANS: It won't exhaust it. But I 16 will -- 17 COMMISSIONER HARRIS: It just tightens it 18 up. 19 MR. EVANS: Yeah, it's going to be -- I'm 20 not going to make it to October 1st, put it that way. 21 So -- 22 COMMISSIONER LETZ: I'd rather take this out 23 of contingency because one thing we don't need to do is 24 defer things because we don't have money in the budget 25 for maintenance. 35 1 COMMISSIONER PACES: Do we have money in 2 contingency to cover it? 3 COMMISSIONER LETZ: Yeah. Based on -- 4 should have about 300 and some thousand in contingency 5 based on the -- a budget amendment we're doing today. 6 MRS. SHELTON: You might consider having him 7 talk with GrantWorks and see if this would be covered 8 under ARPA, since it would be for safety. And then it 9 wouldn't affect the general budget. 10 COMMISSIONER LETZ: Okay. 11 COMMISSIONER HARRIS: Good point. 12 COMMISSIONER LETZ: So I guess get with 13 Noel? 14 MRS. SHELTON: Uh-huh. 15 COMMISSIONER LETZ: Get with Noel about if 16 GrantWorks will approve it and, if not, we can do a 17 budget amendment. 18 COMMISSIONER OVERBY: That's a good idea. 19 COMMISSIONER HARRIS: So do we -- 20 COMMISSIONER PACES: That might be 21 approved -- 22 COMMISSIONER HARRIS: -- pass on it today or 23 -- 24 COMMISSIONER LETZ: Well, he needs to 25 probably get moving on it so. 36 1 MR. EVANS: Yes. I mean, because the 2 ordinance is already pulled. And we're kind of waiting 3 on what I'm going to -- what we're going to do today, 4 how we're going to handle it. 5 COMMISSIONER LETZ: I'm going to look at the 6 Auditor on this. I mean does -- can we proceed, and 7 then at the same time check with GrantWorks? 8 MRS. SHELTON: Sure. 9 COMMISSIONER PACES: If we make the motion 10 that we go ahead with the work and either charge it to 11 contingency or the ARPA funds, depending on availability 12 or whatever -- 13 COMMISSIONER HARRIS: Gotcha. Sure. 14 MRS. SHELTON: We'll need to come back with 15 a budget amendment -- 16 COMMISSIONER PACES: Leave that flexibility. 17 MRS. SHELTON: -- for either, I would think. 18 But y'all go ahead and can say that you -- if there's 19 money in contingency -- 20 COMMISSIONER PACES: Maybe we should go 21 ahead and start going -- so I'll make a motion that we 22 proceed with the required upgrades to the finer fire 23 panel in the courthouse with funding to come from either 24 contingency budget or from remaining ARPA funds, 25 depending on availability and approval. 37 1 COMMISSIONER LETZ: Second. 2 JUDGE KELLY: Got a motion and a second to 3 approve the fire panel upgrade as presented. Any 4 discussion? Those in favor say aye. Opposed? 5 Unanimous. 6 MR. EVANS: Thank you, gentlemen. 7 COMMISSIONER OVERBY: And then we don't need 8 the 9:50 break or -- 9 COMMISSIONER PACES: Well, I believe the 10 next item is at 10:00. 11 MRS. STEBBINS: We can do the approval 12 agenda. 13 JUDGE KELLY: Let's move over to the 14 approval agenda. 2.1 budget amendments. 15 MRS. SHELTON: Yes. You have five budget 16 amendments in front of you. The biggest one of these is 17 just to reflect where the longevity pay is budgeted into 18 the individual departments. There are requests from the 19 contingency fund in this. The largest is because of our 20 cost of the court-appointed attorneys right now. 21 COMMISSIONER LETZ: The question I have is, 22 this is the longevity, the payments that were made in 23 December? 24 MRS. SHELTON: Yes. 25 COMMISSIONER LETZ: That's -- those 38 1 longevity payments? Okay. 2 MRS. SHELTON: Yes. It's budgeted in one 3 line item because we don't know at budget time who all 4 is going to receive it. 5 COMMISSIONER LETZ: Right. 6 MRS. SHELTON: And so this is just 7 re-classing it out of the one line, non-departmental 8 into the individual budget. 9 COMMISSIONER LETZ: Gotcha. I move for 10 approval. 11 COMMISSIONER HARRIS: Second. 12 JUDGE KELLY: Got a motion and a second to 13 approve the budget amendments as presented. Any 14 discussion? Those in favor say aye. Opposed? 15 Unanimous. 16 2.2 pay bills. 17 MRS. SHELTON: Yes. Invoices for today's 18 consideration $985,617.63. 19 COMMISSIONER HARRIS: I move for approval. 20 COMMISSIONER LETZ: I'll second. But I have 21 a question. 22 JUDGE KELLY: Okay. Got motion and a 23 second. 24 COMMISSIONER LETZ: The question is, and I 25 see that the District Clerk -- she knew I was going to 39 1 ask this question. I thought it was interesting. I 2 noticed a whole bunch of items listed as restitution 3 that I had never noticed before. And my question was as 4 to why these are in our -- now appearing in our bills. 5 MRS. LANTZ: You can thank your legislature 6 for that. So we collect money from inmates from TDC. 7 The restitution sent out from TDC. And now they've 8 pushed it back to the District Clerks. So I'm a 9 clearinghouse now for TDC restitution payments. 10 So this past month, within the past month 11 and a half, I've received $25,000 from TDC to get these. 12 So now I have to research where these people are, take 13 the time with the collection department. So another 14 level of duty that we get to do for free. So that's 15 basically where it's at. 16 COMMISSIONER OVERBY: Wow. 17 COMMISSIONER LETZ: And it's just -- it's an 18 unfunded mandate and it's another one of those things 19 that takes a lot of time. I mean I saw all those things 20 and I was like some of these people -- come on, who's 21 getting the -- how are these people getting restitution? 22 And that explains it. So I thought that was 23 interesting. 24 JUDGE KELLY: But we still have a motion and 25 a second to approve the bills as presented. 40 1 COMMISSIONER LETZ: Yes. 2 JUDGE KELLY: Any further discussion? Those 3 in favor say aye. Opposed? Unanimous. 4 Late bills. 5 MRS. SHELTON: There are not any. 6 JUDGE KELLY: Auditor reports? 7 MRS. SHELTON: There are not any. 8 JUDGE KELLY: Thank you. 9 Monthly reports? 10 COMMISSIONER HARRIS: Yes. For February, 11 2024, Veterans Service Office, VSO Jennifer Sanchez. 12 Treasurer's Office, County Treasurer, Tracy Soldan. 13 Constable Tommy Rodriguez, Precinct 1. For March, 2024, 14 Justice of the Peace, Judge Mitzi French, Precinct 1. 15 Judge Kathy Mitchell, Precinct 3. Constable Tommy 16 Rodriguez, Precinct 1, Kyle Schneider, Precinct 2, Paul 17 Gonzales, Precinct 3, Brad Rider, Precinct 4. District 18 Clerk's office, District Clerk, Dawn Lantz. Payroll 19 report, County Treasurer, Tracy Soldan. Environmental 20 Health, Director Ashli Badders. And Auditor's Office, 21 Auditor, Tanya Shelton. I move for approval. 22 COMMISSIONER LETZ: Second. 23 JUDGE KELLY: Got a motion and a second to 24 approve the monthly reports as presented. Any 25 discussion? Those in favor say aye. Opposed? Motion 41 1 carries unanimously. 2 Court orders. 3 COMMISSIONER LETZ: Court Orders from our 4 March 25th meeting. 40549 through 40577. I handed out 5 here the rewording that Commissioner Paces worked on for 6 40577 to really clarify and make that real clear what we 7 did on that with D Guerra. So with that one 8 modification as Commissioner Paces noted, I move for 9 approval. 10 COMMISSIONER PACES: Second. 11 JUDGE KELLY: Got a motion and a second to 12 approve the Court Orders as presented, with the 13 revisions made by Commissioner Paces. Any other 14 discussion? Those in favor say aye. Opposed? 15 Unanimous. 16 Information agenda. We're just moving along 17 here. 3.1 status reports from department heads. Any 18 department heads? 19 Okay. There being none then we move on to 20 3.2. Status reports from elected officials. Sheriff. 21 SHERIFF LEITHA: Judge, I know that Dub's 22 going to be doing a presentation, I believe, for the 23 eclipse. More from the Emergency Management part and 24 the EOC, Emergency Operation Center. He was stationed 25 there, I was in the field with my deputies. Just kind 42 1 of a quick update. 2 I think it went pretty good. You know, kind 3 of kicked it off Thursday. Rather slow Thursday. 4 Friday, Saturday and Sunday. And Monday, we had every 5 badge, everybody was out. It went really good. As far 6 as yesterday was our only problems. We answered a lot 7 of calls. Nothing major. But traffic was backed up on 8 27 and 39. Goat Creek Road, Goat Creek cutoff. Goat 9 Creek and I-10. And then 480, River Road had a little 10 backup. 11 It took us about three hours to the minute 12 to get everybody out of town. But I'm happy to say over 13 that whole ordeal we only had two minor accidents, one 14 that we worked and one DPS worked. Nothing major. So 15 it went well. I know we did a lot of planning to tell 16 people like, you know, you got to plan for the worst and 17 pray for the best and luckily we got the best. So it 18 went really smooth. No vehicles damaged. Nobody 19 injured. So it was a good operation. 20 And I gotta take my hat off to the City. It 21 was very well planned. The Chief of Police and the Fire 22 Chief did a very good job and we went to briefings 23 everyday. And I think they just did a good job at the 24 City. So that's it. 25 JUDGE KELLY: And one of the things I was 43 1 most impressed with was the collaboration between all 2 the stakeholders. 3 SHERIFF LEITHA: Oh yeah. 4 JUDGE KELLY: Everybody cooperated. 5 SHERIFF LEITHA: Yeah. Our first meeting, 6 there was a lot of people there on Thursday. But our 7 City did a really good job. You know, you can't control 8 who comes or not, I know there was a lot of people. I 9 haven't heard any final count. The City was busy. 10 JUDGE KELLY: Again, if y'all haven't been 11 to the command center over there behind the Presbyterian 12 Church, it's impressive. 13 COMMISSIONER OVERBY: I saw some pictures. 14 JUDGE KELLY: Okay. Any other elected 15 officials? Okay. We'll finish up here with the 16 Information Agenda. 3.3 status reports from liaison 17 commissioners. Any reports? 18 COMMISSIONER LETZ: The only thing I have to 19 report is that we're working with UGRA on a grant from 20 UGRA for rainwater harvesting system at the new Animal 21 Control facility. We had a meeting about that, and I 22 talked with Noel this morning that -- getting ready to 23 hand her a packet of paperwork. But something that UGRA 24 is interested in doing. So we need to get through the 25 application and it'll be a good project for them and for 44 1 us. Save us a lot of money. 2 JUDGE KELLY: Good. Okay. 3 COMMISSIONER HARRIS: Let me throw something 4 out there. Next Monday, our Senator Peter Flores will 5 be in town. He's acquired 100 laptops from, I believe, 6 AT&T for the Hill Country Youth Ranch. And that's a 7 pretty neat deal for something. They can sure enough 8 use them out there. Just wanted to throw that out 9 there. 10 JUDGE KELLY: Okay. We're as close as we're 11 going to get to Colonel Marsh. 12 COLONEL MARSH: Okay. 13 JUDGE KELLY: I'm sorry to keep you waiting. 14 COLONEL MARSH: No problem. I can sit and 15 listen. Well, good morning, Judge, Commissioners. I'm 16 Vicki Marsh, Colonel U.S. Marine retired. I live at 144 17 Tall Timber Road in the County. I'm in Precinct 2. 18 And I am here today because I also serve as 19 President of the Hill Country Veterans Council, which in 20 truth sounds more grand than it is, but we maintain a 21 very close relationship with Kerrville VA Medical 22 Center. We go through monthly to maintain that we 23 have -- that they have appropriate staffing and 24 services. And also, as you know, Vice President with 25 Veterans Services Advisory Committee for the County. 45 1 My purpose today is to get your approval on 2 a proclamation to honor the Kerrville VA Medical Center 3 on its -- it's Centennial Celebration coming this 4 Friday, April 12th, starting about noon. 5 Kerrville VA Medical Center's Centennial Day 6 Proclamation. 7 Whereas, Kerrville VA Medical Center's 8 history began at the end of World War I in 1918, when 9 discharged veterans suffering from diseases, notably 10 tuberculosis, returned to Texas. TB was a deadly 11 bacterial infection spread through the air. Then, there 12 was no cure. Treatment was a dry climate, complete bed 13 rest for long periods, nutritious food and isolation. 14 TB was prevalent until researchers found anti-bacterial 15 medicine in the 1940's and 50's; and 16 WHEREAS, in 1919, some Kerr County citizens 17 helped by two state agencies and the American Legion 18 State Commander, together raised half a million dollars 19 to build a hospital for sick veterans; and 20 WHEREAS, Kerr County advocates and the 21 American Legion Department of Texas clung to the idea of 22 a veterans hospital -- a close-run thing for the next 23 four years; and 24 WHEREAS, in 1920 Kerrville's Schreiner 25 brothers gave 790 acres, including property fronting the 46 1 Guadalupe River, a suitable setting for sick veterans. 2 Building the American Legion Tuberculosis Hospital began 3 that year. Yet funds were defunct before construction 4 was completed, and the project was sold for one dollar 5 in January, 1921, to the American Legion, Department of 6 Texas; and 7 WHEREAS, this project nearly ended but for 8 the American Legion, the Daughters of the Confederacy, 9 and State Senator Julius Real, who in exchange for the 10 deed of the project to the stat, persuaded the Texas 11 legislature to appropriate 1.5 million dollars to finish 12 building the 600-bed hospital to be known as the 13 American Legion Memorial Hospital; and 14 WHEREAS, a group of Texans arranged for the 15 U.S. Veterans Bureau to lease the hospital. And in May, 16 1923, the completed facility with 15 buildings, was 17 leased by the Veterans Bureau from a state agency. And 18 on July 1st, 1923, the Veterans Bureau opened the 19 hospital to its first patients; and 20 WHEREAS, in December 1925, the Veterans 21 Bureau bought this facility from the state for 22 $1,182,000. In July 1930, the Veterans Administration 23 was created by President Hoover and then the VA operated 24 the facility; and 25 WHEREAS, the present Medical Center stands 47 1 on 70 acres, including 1.7 acres for a VA National 2 Cemetery. It's generally closed for new burials because 3 of our proximity to the National Cemetery of Fort Sam 4 Houston, and they have sufficient space for the next 5 several decades; and. 6 WHEREAS, in December 1947, dedication 7 ceremonies were held for the main hospital building, 8 which is still in use. This is due to KVAMC's 9 Engineering Department, which maintains the 77-year-old 10 building, and to Environmental Management Service for 11 the superbly-kept grounds to benefit all; and 12 WHEREAS, in 1995 KVAMC and the Audie L. 13 Murphy Memorial Hospital in San Antonio merged to form 14 the South Texas Veterans Health Care System, along with 15 15 community-based outpatient clinics, mostly in San 16 Antonio. That merger resulted from a major shift in 17 health care delivery given that experience had proven 18 that veterans thrive by remaining in their communities 19 rather than having hospital stays. So the VA 20 restructured assets from Kerrville VA Medical Center to 21 form these community clinics; and 22 WHEREAS, KVAMC consists of outpatient 23 clinics with seven primary care teams. It also provides 24 40 different types of services via several resident 25 specialty care clinics, for example: Audiology, 48 1 ophthalmology, urology, geriatrics, radiology, Mental 2 Health, a laboratory and pharmacy. Other specialty-care 3 clinicians from the Audie campus visit monthly for a day 4 or two. Finally, KVAMC is proud of its state-rated 5 five-star community living center; and 6 WHEREAS, few recall that early on, the VA 7 was a generous neighbor. It donated 86 percent of the 8 original 790 acre tract, 500 acres went to the Texas 9 Lions League for the Crippled Children's Home; 116 acres 10 for the Texas Hill Country Development Foundation; 72 11 acres to the Kerrville Independent School District; and 12 the remainder for other local transactions; and 13 WHEREAS, in conclusion, a VA historian 14 recently affirmed that KVAMC has bragging rights as the 15 oldest, continuously-operated Veterans medical facility 16 in Texas. It dates back to July 1923, when a Public 17 Health Service hospital in Houston closed and its 18 patients came here. 19 NOW, THEREFORE, be it resolved that the Kerr 20 County Commissioners' Court does hereby proclaim 21 April 12, 2024, as the Kerrville VA Medical Center 22 Centennial Day; 23 And thanks to the citizenry, the elected 24 governmental officials, for their steadfast support of 25 KVAMC; and 49 1 Express gratitude on behalf of area veterans 2 to all KVAMC employees for sustaining quality health 3 care to veterans for over 100 years; and 4 Recognize KVAMC for generously donating 86 5 percent of prime acreage for use by some neighbors for 6 deserving causes. 7 Adopted this 9th day of April, 2024, 8 Honorable Rob Kelly, County Judge. And we can hand that 9 to you to sign. 10 COMMISSIONER OVERBY: I make a motion that 11 we approve Item 1.11. 12 COMMISSIONER PACES: I'll second. 13 JUDGE KELLY: Okay. We have a motion and a 14 second to approve the proclamation as presented by 15 Colonel Marsh. Any discussion? 16 COMMISSIONER LETZ: Great history. 17 JUDGE KELLY: I will say when approached 18 about beginning this proclamation and the ceremony this 19 coming Friday, I agreed -- I volunteered to read the 20 Proclamation. But that was before I read the 21 proclamation. 22 COLONEL MARSH: I'm your backup. 23 JUDGE KELLY: No, no, I -- 24 COMMISSIONER OVERBY: You did a beautiful 25 job. 50 1 JUDGE KELLY: -- agreed to do it and I'll do 2 it. But this is the -- not the briefest one I've ever 3 done. But it's very comprehensive. 4 COLONEL MARSH: Well, that's the story of 5 the Kerrville VA, so -- 6 COMMISSIONER OVERBY: It's awesome. 7 JUDGE KELLY: It's there for history. So 8 those in favor say aye. Opposed? Unanimous. Thank 9 you, Miss Marsh -- Colonel Marsh. 10 COLONEL MARSH: Sure. 11 COMMISSIONER LETZ: Break? 12 JUDGE KELLY: Let's take a five-minute break 13 and let's come back at 10 o'clock. Ten minutes. 14 (Brief recess) 15 JUDGE KELLY: Okay. Court will come back to 16 order. Our timed item starting at 10 o'clock is 1.12 17 consider, discuss and take appropriate action to approve 18 the Settlement Agreement between Kerr County, Texas and 19 D Guerra Construction, LLC, for the East Kerr 20 County/Center Point Wastewater Collection Project and 21 contracts known as Center Point Wastewater Collection 22 System Phase II TWDB Project No. 10366 CID-02 and Center 23 Point Wastewater Collection System Phase III, TWDB 10366 24 CID-03. Mr. Hastings. 25 MR. HASTINGS: Thank you, Judge. 51 1 We had some meetings with D Guerra. I 2 believe the Judge and Commissioner Paces were there and 3 reached a settlement agreement. And I think the one you 4 have before you has been through the County Attorney's 5 Office. I've looked at it. Tetra Tech has looked at it 6 to make sure that the numbers are all correct. They 7 are. It's what we agreed to in the meeting. And 8 effectively Kerr County would be withholding $530,000 in 9 liquidated damages. 10 JUDGE KELLY: And you're asking us -- for 11 the Court, full Court, to approve the settlement 12 agreement? 13 MR. HASTINGS: Yes, sir. 14 COMMISSIONER PACES: My only question on 15 this one was to -- do we need a statement in there to 16 make sure that this doesn't supercede or void -- 17 MRS. STEBBINS: The contract -- 18 COMMISSIONER PACES: -- any of the warranty 19 provisions in both of these contracts? 20 MRS. STEBBINS: If you would like for me to 21 add a statement in there to do that, I would be glad to. 22 There is no language that -- 23 COMMISSIONER PACES: I know but -- 24 MRS. STEBBINS: -- that has -- 25 COMMISSIONER PACES: I just wouldn't want it 52 1 be implied that this is the final settlement and somehow 2 relieves them of their other obligations under the 3 contract. 4 MRS. STEBBINS: Okay. 5 MR. HASTINGS: Well, the agreement -- 6 COMMISSIONER PACES: That was my concern. 7 MR. HASTINGS: -- Heather, what you put 8 together had a statement in there that said don't 9 forget, there's a two-year warranty. Not a one-year but 10 a two-year warranty, and that item is still -- that is 11 explicitly written in there -- 12 COMMISSIONER OVERBY: Oh. Item 6. 13 MR. HASTINGS: -- to relay that concern. 14 COMMISSIONER PACES: Okay. That's in here 15 right now? 16 MR. HASTINGS: Yeah. 17 MRS. STEBBINS: Look in the -- 18 COMMISSIONER OVERBY: Is that E? No, that's 19 not it. 20 MRS. STEBBINS: It may be in one of the 21 first paragraphs. 22 COMMISSIONER OVERBY: Is it? 23 MRS. STEBBINS: But I thought that was 24 related to the -- 25 MR. HASTINGS: Is this what you're looking 53 1 at? 2 MR. HASTINGS: It's -- 3 COMMISSIONER PACES: It's sort of there. 4 I'm just asking the same statement that, you know, all 5 other terms and conditions of the contract survive this 6 agreement, and it can be as simple as that but -- 7 MRS. STEBBINS: Would you -- if you would 8 like for me to add that in there, I'll be glad to. 9 COMMISSIONER PACES: Thank you. 10 MRS. STEBBINS: You're welcome. 11 COMMISSIONER PACES: I would. 12 MRS. STEBBINS: Okay. So you're going to 13 approve it with that change today? 14 COMMISSIONER PACES: I can. I'll make a 15 motion to approve this settlement agreement with that 16 change. 17 COMMISSIONER LETZ: Second. 18 JUDGE KELLY: Got a motion and a second to 19 approve the settlement agreement as presented, with that 20 latest revision inserted. Any discussion? Those in 21 favor say aye. Opposed? Unanimous. 22 And I might just point out, that D Guerra 23 really did extend themselves in helping to get this 24 project finished for us. So we're appreciative of that. 25 Moving on to the next agenda item, which is 54 1 timed at 10 o'clock, which is 1.13 consider, discuss and 2 take appropriate action to set a public hearing for 3 April 22, 2024 at 10:00 a.m. for the removal of an 4 existing cattle guard located at 595 Indian Creek Road, 5 subject to said cattle guard being replaced with a new 6 one located at 675 Indian Creek Road. Mr. Hastings. 7 MR. HASTINGS: Thank you, Judge. 8 At the December 27, 2023 Court meeting, the 9 Court authorized the removal (by the Road & Bridge 10 Department) of an existing cattle guard located near 595 11 Indian Creek Road with the understanding it would be 12 replaced by the adjacent property owners with a new 13 cattle guard approximately two-tenths of a mile west, 14 near 675 Indian Creek Road. The process to remove a 15 cattle guard is outlined in the Texas Transportation 16 Code, Section 251.0096, which states: The 17 Commissioners' Court of the County may remove a cattle 18 guard from the County Road of any class if the 19 Commissioners' Court notifies each person who owns land 20 adjacent to the cattle guard by certified mail not less 21 than 90 days before the proposed removal of the cattle 22 guard. 23 And then that was (a), and (b): The 24 Commissioners' Court is not required to hold a public 25 hearing on a proposed cattle guard removal. If a 55 1 resident of the County requests a public hearing, the 2 Commissioners' Court shall hold a public hearing on the 3 removal of the cattle guard. To be valid, a request for 4 public hearing must be in writing, and be made before 5 the 75th day after the date the notice required by 6 Subsection (a) is mailed. 7 Notification by certified mail was sent to 8 each person who owns land adjacent to the subject cattle 9 guard proposed to be removed, and we went a little step 10 further, including persons owning land beyond said 11 cattle guard who must travel over it to get to their 12 property. The date of the certified mailing was January 13 11th, 2024. The 75th date thereafter was March 26th, 14 2024, and to the best knowledge of the County 15 Engineering Department, there have been no requests from 16 residents of Kerr County for a public hearing. 17 And the 90th day following the certified 18 mailing is April the 10th, 2024, tomorrow; however, out 19 of an abundance of caution and respect for the 20 community, despite the fact that the Court is not 21 required to hold a public hearing, the County Engineer 22 respectfully requests that the Court set a public 23 hearing for April 22nd, 2024 at 10:00 a.m. for the 24 removal of an existing cattle guard located near 595 25 Indian Creek Road, subject to said cattle guard being 56 1 replaced with a new one located near 675 Indian Creek 2 Road in Precinct 4. 3 JUDGE KELLY: And that is 10:00 a.m., right? 4 MR. HASTINGS: Yes, sir. For 10:00 a.m. on 5 April 22nd. 6 JUDGE KELLY: Okay. 7 COMMISSIONER HARRIS: I move for approval. 8 COMMISSIONER OVERBY: I'll second. 9 JUDGE KELLY: Got a motion and a second to 10 approve the public hearing set for April 22, 2024 at 11 10:00 a.m. regarding this removal of this cattle guard 12 as presented. Any discussion? Those in favor say aye. 13 Opposed? Unanimous. It carries. 14 Okay. With that, we're going to go into 15 Executive Session and we're going to be consulting with 16 our attorney and also discuss the personnel matter of 17 4.2(a), which is to consider, discuss and take 18 appropriate action to authorize Paid Time Off from start 19 date and offer life and supplemental insurance to 20 temporary employee in the Veterans Services Office as 21 originally intended. 22 So with that, we will move into recess and 23 reconvene after Executive Session. 24 (Recess). 25 (Executive Session.) 57 1 JUDGE KELLY: Okay. It is 10:18, we're 2 coming out of Executive Session, and we're going to 3 consider Item 4.2(a) consider, discuss and take 4 appropriate action to authorize paid time off from the 5 start date and offer life and supplemental insurance to 6 temporary employee, that's a temporary full-time 7 employee, in the Veteran Services office as originally 8 intended. 9 COMMISSIONER LETZ: I'll make a motion to 10 authorize paid time off from start date and offer life 11 and supplemental insurance to the full-time temporary 12 employee in the Veterans Services Office as originally 13 intended. 14 COMMISSIONER OVERBY: I'll -- 15 COMMISSIONER HARRIS: Second. 16 COMMISSIONER OVERBY: Got it? Okay. 17 JUDGE KELLY: Okay. Got a motion and a 18 second. Any discussion? Those in favor say aye. 19 Opposed? Unanimous. 20 There being no other business, we are 21 adjourned. 22 * * * * * * 23 24 25 58 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 Court Reporter in and for Kerr County, do hereby certify 6 that the above and foregoing pages contain and comprise 7 a true and correct transcription of the proceedings had 8 in the above-entitled Regular Commissioners' Court. 9 Dated this the 3rd day of May, A.D. 2024. 10 11 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 12 No. 953 Expiration Date 04/30/2025 13 * * * * * * 14 15 16 17 18 19 20 21 22 23 24 25