1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 KERR COUNTY COMMISSIONERS COURT Special Session Thursday, April 1, 2010 8:30 a.m. Commissioners' Courtroom Kerr County Courthouse Kerrdille, Texas PRESENT: PAT TINLEY, Kerr County Judge H.A."BUSTER" BALDWIN, Commissioner Pct. 1 WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 JONATHAN LETZ, Commisioner Pct. 3 BRUCE OEHLER, Commissioner Pct. 4 v O J 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I N D E X April 1, 2010 PAGE 1.1 Consider/discuss, take appropriate action to approve official bond of Kerr County Attorney Rob Henneke 1.2 Consider/discuss, take appropriate action to approve application of County Attorney for authority to appoint assistants and/or clerks 4.3 Late Bills 2.1 Consultation with attorney on all pending and possible litigation (Executive Session) --- Adjourned 4 5 6 7 7 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 On Thursday, April 1, 2010, at 8:30 a.m., a special meeting of the 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 TINLEY: Good morning, ladies and gentlemen. Let me call to order this special meeting of the Kerr County Commissioners Court posted and scheduled for this date and time, April the 1st, 2010, at 8:30 a.m. It is that time now. We're privileged to have with us this morning Reverend Warren Hornung from the Kerrville First United Methodist Church, and we'd ask him to come forward and give us some words on this special event. REVEREND HORNUNG: Thank you. We have mixed feelings from our church, because Lesley and Rob are our lay leaders, so you're not going to take a lot of their time, are you? I'm just kidding. (Laughter.) We're honored to be here. We appreciate all of you, and we certainly are thankful for a packed house. What great support. Shall we pray? (Prayer.) JUDGE TINLEY: Thank you, sir. COMMISSIONER BALDWIN: Thank you. JUDGE TINLEY: If you would, please, let's go ahead 4-1-10 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and do a pledge of allegiance this morning. If you would please stand and join me in the pledge. (Pledge of allegiance.) JUDGE TINLEY: Thank you very much. Because it is on the agenda, I'm going to ask if there's any member of the public that wishes to be heard on a matter not listed on the agenda. If so, please come forward at this time and tell us what's on your mind. If you wish to be heard on any of the agenda items, of course, you're -- you have the opportunity to do so. There are participation forms at the rear of the room. That helps me to know that you wish to be heard on an agenda item when you fill one of those out. But if there's any member of the public or audience wishing to be heard on any matter that is not one of the listed agenda items, come forward at this time and tell us what's on your mind. Seeing no one coming forward, we will move on with our agenda. First item is to consider, discuss, and take appropriate action to approve the official bond of Kerr County Attorney Rob Henneke. I've been presented with the official bond as required by law by Western Surety Company. That has been executed by Mr. Henneke, the principal on the bond, and it is in the amount as required by law. COMMISSIONER LETZ: Move we approve the bond for Kerr County Attorney Rob Henneke. COMMISSIONER WILLIAMS: Second. 4-1-10 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER OEHLER: Second. JUDGE TINLEY: Motion made and seconded for approval of the bond in the agenda item. Question or discussion? All in favor of the motion, signify by raising (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. At this time, I would like to recess the Commissioners Court meeting for the purpose of swearing in Mr. Henneke as the new County Attorney of Kerr County. So, at this time we'll be in recess for that purpose. (Recess taken from 8:36 a.m. to 8:41 a.m.) JUDGE TINLEY: At this time, I will reconvene the Commissioners Court meeting, and we'll go to the second item on the agenda. Consider, discuss, and take appropriate action to approve the application of the County Attorney for authority to appoint assistants and/or clerks. COMMISSIONER LETZ: So moved. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: We have a motion and a second for approval of the agenda item. Question or discussion on the motion? Any comments or questions, concerns that you have, 4-1-10 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 MS. MABRY: Approximately 19,000. It's $19,431.47. COMMISSIONER BALDWIN: So moved. 22 23 24 25 COMMISSIONER OEHLER: Second. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded for MR. HENNEKE: No, Judge. Just other than pursuant to Local Government Code, I request the authority to appoint the assistants and staff in the County Attorney's office. JUDGE TINLEY: Further question or discussion? All in favor of the 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. There is one item that I'd like to bring to the Court's attention under Section 4, under the item of late bills. This bill was actually before us at our last meeting. It was my oversight. The bill was submitted by the contractor on our project out at the Sheriff's Office, and it's some reimbursables that -- that we owe the contractor. It was attached to the billing that we approved, but it was attached separately, and we just missed it. So, it's been approved by the architect. I'd like the Court's approval to pay that billing. The amount is 19, 000 -- 4-1-10 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 approval of the bill as indicated. Question or discussion? All in favor of the 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. I've been told we have one item under executive session, litigation or threatened litigation that we need to briefly consider. So, at this time, we will go out of public or open session for the purpose of going into closed or executive session. Thank all of you for being here. It is 8:43. (The open session was closed at 8:43 a.m., and an executive session was held, the transcript of which is contained in a separate document.) JUDGE TINLEY: Okay, we will come back into open or public session. It is 8:53. Any member of the Court have anything further to -offer in connection with the agenda that's not already been addressed? Hearing nothing, we will ~ be adjourned. (Commissioners Court was adjourned at 8:53 a.m.) 4-1-10 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 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 official reporter for the Commissioners Court of Kerr County, Texas, at the time and place heretofore set forth. DATED at Kerrville, Texas, this 1st day of April, 2010. 22 23 24 25 JANNETT PIEPER, Kerr County Clerk B Y : -----~Ca~~- ---~ -------------- Kathy Banik, Deputy County Clerk Certified Shorthand Reporter 4-1-10 ORDER NO. 31679 OFFICIAL BOND OF KERB COUNTY ATTORNEY ROB HENNEKE Came to be heard this the 1st day of April, 2010, with a motion made by Commissioner Letz, seconded by Commissioners Williams/Oehler, the Court unanimously approved by a vote of 4-0-0 to: Approve the Official Bond of Kerr County Attorney Rob Henneke. ORDER NO. 31680 APPLICATION OF COUNTY ATTORNEY TO APPOINT ASSISTANTS AND/OR CLERKS Came to be heard this the 1st day of April, 2010, with a motion made by Commissioner Letz, seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-0-0 to: Approve the Application of the County Attorney Rob Henneke for authority to appoint Assistants and/or Clerks. ORDER NO. 31681 LATE BILL COUNTY AUDITOR Came to be heard this the 1St day of April, 2010, with a motion made by Commissioner Baldwin, seconded by Commissioner Oehler, the Court unanimously approved by vote of 4-0-0 issue a hand check in the amount of $19,431.47 to Kendnel Kasper Construction, Inc. for Invoice #3279, Reimbursables for KPUB Hand hole and Building Permit for Utilities and Fire Hydrant.