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KERR COUNTY COMMISSIONERS COURT
Special Session
Friday, January 29, 1999
3:00 p.m.
Commissioners Courtroom
Kerr County Courthouse
Kerrville, Texas
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PRESENT: FREDERICK L. HENNEKE, County Judge
H. A. "BUSTER" BALDWIN, Commissioner Pct. 1
WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2
30NATHAN LETZ, Commissioner Pct. 3
LARRY GRIFFIN, Commissioner Pct. 9
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On Friday, January 29, 1999, at approximately 3 o'clock
p.m., a Special Session of Kerr County Commissioners Court
was held in the Commissioners Courtroom, Kerr County
Courthouse, Kerrville, Texas, and the following proceedings
were had in open court:
P R O C E E D I N G S
JUDGE HENNEKE: We'll go ahead and call the special
meeting the of the Kerr County Commissioners Court to order.
It's Friday, January 29th, 1999, approximately 3:04 p.m. Are
there any visitors who wish to speak on items not on the
agenda? Seeing there are none, is there any Commissioner who
wishes to address the Court? Taking silence as a designation
you do not --
COMMISSIONER LETZ: Wait. Wait. Wait.
JUDGE HENNEKE: Do you want to address the Court
about something not on the agenda?
COMMISSIONER LETZ: Yes. That's what I thought you
were saying.
JUDGE HENNEKE: You should be here on time.
COMMISSIONER LETZ: That's true. I'm sorry, I
apologize. Water matters. For those that don't know, on
Monday at 1 o'clock at the V.A. Hospital, there is a -- the
veterans' groups have put together a -- I guess, a program to
thank the employees of the Veterans' Hospital. And, I think
it would be very good for as many Commissioners and you, as

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the Judge, to attend. Just for your information. I'm going
to be in Austin, unfortunatley; I doubt I'll be able to get
back. But, I talked with General Bacon this morning. He's
looking into their having -- a former P.O.W. is going to
speak, and it's -- it was interesting. Just a little bit of
quick background, then I'll be quiet. They were initially
turned down, they could not do it. The V.A. would not give
them approval. They asked me what to do. I said I'd go
ahead and do it, 'cause they -- they're fools if they would
go ahead, and they're fools if they don't --
JUDGE HENNEKE: Note, for the record, that the
Court does not endorse that.
COMMISSIONER LETZ: And General Bacon agreed, and
the -- the V.A. system has decided to change their position
and open their arms, and are helping them in any way they can
for this activity on Monday.
JUDGE HENNEKE: I think that's a wonderful thing.
I hope as many that possibly can will go there.
Unfortunately, there's someone in Austin who does not like
County Judges with judicial duties, so I will be in Lubbock
all of next week at a required seminar.
COMMISSIONER WILLIAMS: That's a wonderful place to
visit in the wintertime.
JUDGE HENNEKE: Great place to be the first week of
February. Only difference between the first week of February

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and the rest of the year is it's 20 degrees out and snowing.
COMMISSIONER WILLIAMS: And the wind's still
blowing. Good news, the wind's still blowing.
JUDGE HENNEKE: Okay, let's move on.
COMMISSIONER LETZ: Okay.
JUDGE HENNEKE: The item on the agenda today, 1.1,
consider and discuss the asbestos abatement contract and
authorize County Judge to sign same. Just as bit of
background. At our last meeting, the abatement for the
remaining asbestos in the annex came up for consideration.
The bids that we had before us were in excess of 515,000.
The Court was not sure whether or not we could accept such
contracts without public bidding, because the amounts were in
excess of 515,000. We asked the Gounty Attorney to look into
that matter. They did a wonderful job, turned around in a
hurry, and have provided us an opinion which you all have
before you, which states, in essence, It is our opinion that
the Court could safely choose to contract without seeking
competitive bids for the service in this instance.
So, based on that, we've scheduled this special meeting
and asked Mr. Walker to come back so that we can consider the
bids and, if the Court so desires, accept the bid and we can
proceed. Mr. Walker?
MR. WALKER: Thank you, Judge, Commissioners. You
have before you the two bids that were submitted from Jupe


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and Alamo in San Antonio. And, I'll turn it over to Mr.
Darryl Markland with Raba-Kistner, who's your consultant that
you hired on Monday, and he'll tell you anything or answer
any questions you may have about those bids. I think they're
recommending Jupe as the low bidder, to accept. Darryl?
JUDGE HENNEKE: Sir, thank you for coming back on
such short notice. We appreciate it.
MR. MARKLAND: We have worked with both companies.
They're both very reputable asbestos abatement companies,
they're both very financially sound companies, so we could
recommend either to you. And, therefore, we would recommend
that it would be in your best interest to accept the one with
the low bid.
JUDGE HENNEKE: These are obviously the contracts
that were here before, because they still have the date of
February 8th.
MR. MARKLAND: That's correct.
JUDGE HENNEKE: Would that date have to be changed
for four or five days later on, or --
MR. MARKLAND: No. I've spoken with them. They
will stand by -- and our -- the document that they presented
those bids on indicated that any bid that they submitted
would be good for 30 days.
JUDGE HENNEKE: Does anyone have any questions?
COMMISSIONER WILLIAMS: I do, one. I don't see

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anywhere on the bid form proposal where this company is
located. San Antonio company?
MR. MARKLAND: Both of them are San Antonio
companies.
COMMISSIONER LETZ: I guess the -- I'm almost
hesitant to bring this up, but the -- prior to getting the
opinion, I was under the impression that -- you know, that
these companies may be willing to lower their price based on
the bidding cutoff, as -- that's irrelevant, the cutoff point
is, but it opened the door in my mind as to, you know, the
amount of these prices, they may be willing to lower it.
And, I don't know if it's appropriate to try to negotiate
with them or not, but I don't know -- under the contract, I
was under the impression that they would come below $15,000
on these bids, or one of them would. I don't know if that's
accurate or -- you know.
JUDGE HENNEKE: I think we need to keep in mind --
I don't disagree with you about negotiating for a better
price, certainly, but I think we need to keep in mind the
time frame.
COMMISSIONER LETZ: Right.
JUDGE HENNEKE: If we go back and ask these people
to resubmit bids, they're probably looking at a minimum of
two weeks to 30 days before we can have something back before
us. If there's delays, that would even make that longer.
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And, you know, if they were to fall down to slightly below
$15,000, we're looking at a maximum of $2,000 difference,
which which is a significant sum, but I'm not sure it's
worth --
COMMISSIONER GRIFFIN: We'd have more impact than
that on the other contracts.
JUDGE HENNEKE: On the bottom -- on the backside of
the main contract. So, I wholeheartedly agree with the
concept of going back and trying to get the best deal we can,
but I think under the circumstances we may be better off
simply to move forward with what we have.
COMMISSIONER LETZ: I don't have any problem with
that. I think it's correct. We've already pushed Stoddard
back several times. We don't want to jeopardize that
contract for $2,000 on the table.
JUDGE HENNEKE: I think we can say that. Anyone
else? If not, I'd entertain a motion to accept --
COMMISSIONER GRIFFIN: So moved.
JUDGE HENNEKE: -- the Jupe contract, Jupe Company,
Inc., proposal in the amount of $16,200. Moved by
Commissioner Griffin.
COMMISSIONER WILLIAMS: I'm -- I'll second.
JUDGE HENNEKE: Second by Commissioner Williams.
All in favor, raise your right hand.
(The motion was carried by unanimous vote.)
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JUDGE HENNEKE: All opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion passes. That concludes our
special session. Thank you all.
(Commissioners Court was adjourned at 3:12 p.m.)
C E R T I F I C A T E
STATE OF TEXAS I
COUNTY OF KERR i
The above and foregoing is a true and complete
transcription of my stenograph notes taken in my capacity as
County Clerk of the Commissioners Court of Kerr County,
Texas, at the time and place heretofore set forth.
DATED at Kerrville, Texas, this 3rd day of Fehruary,
1999.
JANNETT PIEPER, County Clerk
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BY:
Kathy nik, Deputy County Clerk
Certi ed Shorthand Reporter
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