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KERR COUNTY COMMISSIONERS COURT
Emergency Session
Wednesday, March 7, 2007
11:00 a.m.
Commissioners' Courtroom
Kerr County Courthouse
Kerrville, Texas
EBA Lawsuit Settlement
PRESENT: PAT TINLEY, Kerr County Judge
H A."BUSTER" BALDWIN, Commissioner Pct. 1
WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2
JONATHAN LETZ, Commissioner Pct. 3
BRUCE OEHLER, Commissioner Pct. 4
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On Wednesday, March 7, 2007, at 11:00 a.m., an emergency
P R O C E E D I N G S
JUDGE TINLEY: Okay, let me call to order this
emergency meeting of the Kerr County Commissioners Court
posted for this time and date, Wednesday, March 7th, 2007, at
11 a.m. The urgent public necessity exists because of some
very recent settlement negotiations that had been occurring in
a pending suit which is set for jury trial on March 12th,
2007, at 9 a.m. And if we were to do a regular posting, the
earliest it could be done would be that Monday morning, and
that probably would not be feasible under the circumstances,
because of the necessity of being ready to go with that
lawsuit. So, hence, this emergency meeting was today. The
only item on the agenda is to consider, discuss, and take
appropriate action on a settlement offer/offers or
counteroffer or offers in connection with Kerr County versus
Employee Benefit Administrators and others litigation, and
authorize the County Judge to take necessary steps and execute
all documents in connection with any settlement that may be
approved. That being a matter that is in litigation, unless
any member of the Court has anything they'd like to say before
we go into executive session? Seeing none, we will go out of
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public or open session at 11:04 and go into executive or
closed session.
COMMISSIONER LETZ: Just a quick comment for the
press. I don't think it will be very long.
JUDGE TINLEY: Yeah, okay.
(The open session was closed at 11:04 a.m., and an
executive session was held, the transcript of which
is contained in a separate document.)
JUDGE TINLEY: Okay, we are back in open or public
session, and it is -- looks like 11:17 or 18, thereabouts.
Does any member of the Court have anything to offer with
regard to matters discussed in closed or executive session?
COMMISSIONER LETZ: Sure.
COMMISSIONER OEHLER: We'll make a motion.
COMMISSIONER LETZ: Do you want me to make it?
COMMISSIONER OEHLER: I'll make it.
COMMISSIONER LETZ: Okay.
COMMISSIONER OEHLER: I move that Kerr County accept
the settlement offer in the total sum of $350,000 from all
defendants in the Kerr County versus Employee Benefit
Administrators litigation, and that the County Judge be
authorized to execute any necessary documents to effect the
settlement in accordance with the agreement with our
attorneys, and to fully conclude this matter.
COMMISSIONER LETZ: Second.
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JUDGE TINLEY: Motion made and seconded as
indicated. Any question or discussion on that motion?
COMMISSIONER LETZ: A partial -- a little amendment
to it, and to add that the County Attorney reviewed all
documents from the County's standpoint.
COMMISSIONER OEHLER: All right. Fine with me.
COMMISSIONER BALDWIN: Judge, I'd like to make a
comment, that --
JUDGE TINLEY: Yes, sir.
COMMISSIONER BALDWIN: -- that I appreciate you,
and -- and in the early goings of this thing, how you steered
it around and saw that we got to this end product. I had my
doubts about it in the beginning, but I commend you for doing
an excellent job in your leadership, and Rex for assisting us
and keeping us in -- in between the wakes of the war. And, of
course, Stephen Walraven, our attorney, has done an
exceptional, outstanding job, I think, and I commend all three
of you guys for representing the taxpayers of Kerr County.
COMMISSIONER WILLIAMS: It's a good settlement.
COMMISSIONER LETZ: I'd also like to point out,
Rex -- thank Rex and Steve and the Judge. I dealt with the
Judge a great deal with this at the time, and Rex quite a bit.
COMMISSIONER BALDWIN: Was that painful for you?
COMMISSIONER LETZ: At first, but I got over it.
But it really was. It was a -- I never have done any
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mediation or gone through trying to settle a lawsuit of -- of
any kind, I don't think, and -- and Rex and the Judge were
very helpful in explaining the process, as was Steve Walraven;
he was extremely nice, and explained the process that we were
going through and the offers, and gave -- you know, giving
feedback. Every time we received an offer, he would feedback
as well as to what that offer meant and what he thought about
it and what his recommendations were. But the Judge --
especially the Judge and I spent a lot of time on this, and
appreciate all of his input and help.
COMMISSIONER WILLIAMS: I think the County Attorney
and Mr. Walraven did an excellent job. It's a good
settlement.
JUDGE TINLEY: Yeah.
COMMISSIONER OEHLER: Great settlement.
JUDGE TINLEY: Any other questions or comments? All
in favor of that motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Any further
business, gentlemen?
COMMISSIONER BALDWIN: I don't know about business.
I wanted to announce that there's a large brush fire in
Medina, Texas, and Turtle Creek Fire Department went over
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there at 3 o'clock yesterday afternoon, and I think they're
still on the scene. So --
JUDGE TINLEY: Which direction from Medina?
COMMISSIONER LETZ: South.
COMMISSIONER BALDWIN: Was it south?
COMMISSIONER LETZ: Straight south. Not too far
south in Medina.
COMMISSIONER BALDWIN: Supposedly, they had it
75 percent contained last night, but it's still -- it's still
going.
COMMISSIONER LETZ: About 450 acres as of last
night.
COMMISSIONER BALDWIN: And there was a fire out in
the Kerrville South area a couple of days ago. A guy was
mowing, and one of his blades hit a piece of metal, and just
that one little spark, and it got away.
COMMISSIONER LETZ: The one in --
COMMISSIONER BALDWIN: Burned his tractor up, too.
COMMISSIONER LETZ: -- Medina was started from
welding on a fence. The welders started it.
COMMISSIONER OEHLER: Had that happen before.
COMMISSIONER LETZ: Anyone that welds around here
has that happen. It's kind of scary, 'cause usually you're
not prepared too much to fight it at that point.
COMMISSIONER BALDWIN: But that's how dry it is.
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That's how dangerous it is.
JUDGE TINLEY: And we got some winds, too.
COMMISSIONER BALDWIN: We got winds coming in. Do
we have winds coming in?
MR. EMERSON: 15 miles an hour.
COMMISSIONER BALDWIN: Track freak.
JUDGE TINLEY: Anything else, gentlemen? We'll
stand adjourned.
(Commissioners Court adjourned at 11:21 a.m.)
STATE OF TEXAS
COUNTY OF KERR
The above and foregoing is a true and complete
transcription of my stenotype 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 7th day of
March, 2007.
JANNETT PIEPER, Kerr County Clerk
B Y : _~ ~f ~~~,,a~G
Kathy~nik, Deputy County Clerk
Certified Shorthand Reporter
3-7-07 emg
ORDER NO. 30174
SETTLEMENT OFFER/COUNTEROFFER WITH KERB COUNTY VS.
EMPLOYEE BENEFIT ADMIMSTRATORS
Came to be heard this the 7th day of March, 2007, with a motion made by
Commissioner Oehler, seconded by Commissioner Letz. The Court
unanimously approved by vote of 4-0-0 to:
Accept the settlement offer in the total sum of $350,000 from all defendants
in the Kerr County vs. Employee Benefits Administrators litigation, and that
the County Judge be authorized to execute any necessary documents to
effect the settlement in accordance with the agreement with our attorneys,
and to fully conclude this matter, and that the County Attorney has reviewed
all documents from the County's standpoint.