1 2 3 4 5 6 KERR COUNTY COMMISSIONERS COURT 7 Emergency Session 8 Wednesday, March 7, 2007 9 11:00 a.m. 10 Commissioners' Courtroom 11 Kerr County Courthouse 12 Kerrville, Texas 13 14 15 16 17 18 EBA Lawsuit Settlement 19 20 21 22 23 PRESENT: PAT TINLEY, Kerr County Judge 24 H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 25 JONATHAN LETZ, Commissioner Pct. 3 BRUCE OEHLER, Commissioner Pct. 4 2 1 On Wednesday, March 7, 2007, at 11:00 a.m., an emergency 2 meeting of the Kerr County Commissioners Court was held in the 3 Commissioners' Courtroom, Kerr County Courthouse, Kerrville, 4 Texas, and the following proceedings were had in open court: 5 P R O C E E D I N G S 6 JUDGE TINLEY: Okay, let me call to order this 7 emergency meeting of the Kerr County Commissioners Court 8 posted for this time and date, Wednesday, March 7th, 2007, at 9 11 a.m. The urgent public necessity exists because of some 10 very recent settlement negotiations that had been occurring in 11 a pending suit which is set for jury trial on March 12th, 12 2007, at 9 a.m. And if we were to do a regular posting, the 13 earliest it could be done would be that Monday morning, and 14 that probably would not be feasible under the circumstances, 15 because of the necessity of being ready to go with that 16 lawsuit. So, hence, this emergency meeting was today. The 17 only item on the agenda is to consider, discuss, and take 18 appropriate action on a settlement offer/offers or 19 counteroffer or offers in connection with Kerr County versus 20 Employee Benefit Administrators and others litigation, and 21 authorize the County Judge to take necessary steps and execute 22 all documents in connection with any settlement that may be 23 approved. That being a matter that is in litigation, unless 24 any member of the Court has anything they'd like to say before 25 we go into executive session? Seeing none, we will go out of 3-7-07 emg 3 1 public or open session at 11:04 and go into executive or 2 closed session. 3 COMMISSIONER LETZ: Just a quick comment for the 4 press. I don't think it will be very long. 5 JUDGE TINLEY: Yeah, okay. 6 (The open session was closed at 11:04 a.m., and an executive session was held, the transcript of which 7 is contained in a separate document.) 8 - - - - - - - - - - 9 JUDGE TINLEY: Okay, we are back in open or public 10 session, and it is -- looks like 11:17 or 18, thereabouts. 11 Does any member of the Court have anything to offer with 12 regard to matters discussed in closed or executive session? 13 COMMISSIONER LETZ: Sure. 14 COMMISSIONER OEHLER: We'll make a motion. 15 COMMISSIONER LETZ: Do you want me to make it? 16 COMMISSIONER OEHLER: I'll make it. 17 COMMISSIONER LETZ: Okay. 18 COMMISSIONER OEHLER: I move that Kerr County accept 19 the settlement offer in the total sum of $350,000 from all 20 defendants in the Kerr County versus Employee Benefit 21 Administrators litigation, and that the County Judge be 22 authorized to execute any necessary documents to effect the 23 settlement in accordance with the agreement with our 24 attorneys, and to fully conclude this matter. 25 COMMISSIONER LETZ: Second. 3-7-07 emg 4 1 JUDGE TINLEY: Motion made and seconded as 2 indicated. Any question or discussion on that motion? 3 COMMISSIONER LETZ: A partial -- a little amendment 4 to it, and to add that the County Attorney reviewed all 5 documents from the County's standpoint. 6 COMMISSIONER OEHLER: All right. Fine with me. 7 COMMISSIONER BALDWIN: Judge, I'd like to make a 8 comment, that -- 9 JUDGE TINLEY: Yes, sir. 10 COMMISSIONER BALDWIN: -- that I appreciate you, 11 and -- and in the early goings of this thing, how you steered 12 it around and saw that we got to this end product. I had my 13 doubts about it in the beginning, but I commend you for doing 14 an excellent job in your leadership, and Rex for assisting us 15 and keeping us in -- in between the wakes of the war. And, of 16 course, Stephen Walraven, our attorney, has done an 17 exceptional, outstanding job, I think, and I commend all three 18 of you guys for representing the taxpayers of Kerr County. 19 COMMISSIONER WILLIAMS: It's a good settlement. 20 COMMISSIONER LETZ: I'd also like to point out, 21 Rex -- thank Rex and Steve and the Judge. I dealt with the 22 Judge a great deal with this at the time, and Rex quite a bit. 23 COMMISSIONER BALDWIN: Was that painful for you? 24 COMMISSIONER LETZ: At first, but I got over it. 25 But it really was. It was a -- I never have done any 3-7-07 emg 5 1 mediation or gone through trying to settle a lawsuit of -- of 2 any kind, I don't think, and -- and Rex and the Judge were 3 very helpful in explaining the process, as was Steve Walraven; 4 he was extremely nice, and explained the process that we were 5 going through and the offers, and gave -- you know, giving 6 feedback. Every time we received an offer, he would feedback 7 as well as to what that offer meant and what he thought about 8 it and what his recommendations were. But the Judge -- 9 especially the Judge and I spent a lot of time on this, and 10 appreciate all of his input and help. 11 COMMISSIONER WILLIAMS: I think the County Attorney 12 and Mr. Walraven did an excellent job. It's a good 13 settlement. 14 JUDGE TINLEY: Yeah. 15 COMMISSIONER OEHLER: Great settlement. 16 JUDGE TINLEY: Any other questions or comments? All 17 in favor of that motion, signify by raising your right hand. 18 (The motion carried by unanimous vote.) 19 JUDGE TINLEY: All opposed, same sign. 20 (No response.) 21 JUDGE TINLEY: That motion does carry. Any further 22 business, gentlemen? 23 COMMISSIONER BALDWIN: I don't know about business. 24 I wanted to announce that there's a large brush fire in 25 Medina, Texas, and Turtle Creek Fire Department went over 3-7-07 emg 6 1 there at 3 o'clock yesterday afternoon, and I think they're 2 still on the scene. So -- 3 JUDGE TINLEY: Which direction from Medina? 4 COMMISSIONER LETZ: South. 5 COMMISSIONER BALDWIN: Was it south? 6 COMMISSIONER LETZ: Straight south. Not too far 7 south in Medina. 8 COMMISSIONER BALDWIN: Supposedly, they had it 9 75 percent contained last night, but it's still -- it's still 10 going. 11 COMMISSIONER LETZ: About 450 acres as of last 12 night. 13 COMMISSIONER BALDWIN: And there was a fire out in 14 the Kerrville South area a couple of days ago. A guy was 15 mowing, and one of his blades hit a piece of metal, and just 16 that one little spark, and it got away. 17 COMMISSIONER LETZ: The one in -- 18 COMMISSIONER BALDWIN: Burned his tractor up, too. 19 COMMISSIONER LETZ: -- Medina was started from 20 welding on a fence. The welders started it. 21 COMMISSIONER OEHLER: Had that happen before. 22 COMMISSIONER LETZ: Anyone that welds around here 23 has that happen. It's kind of scary, 'cause usually you're 24 not prepared too much to fight it at that point. 25 COMMISSIONER BALDWIN: But that's how dry it is. 3-7-07 emg 7 1 That's how dangerous it is. 2 JUDGE TINLEY: And we got some winds, too. 3 COMMISSIONER BALDWIN: We got winds coming in. Do 4 we have winds coming in? 5 MR. EMERSON: 15 miles an hour. 6 COMMISSIONER BALDWIN: Track freak. 7 JUDGE TINLEY: Anything else, gentlemen? We'll 8 stand adjourned. 9 (Commissioners Court adjourned at 11:21 a.m.) 10 - - - - - - - - - - 11 12 STATE OF TEXAS | 13 COUNTY OF KERR | 14 The above and foregoing is a true and complete 15 transcription of my stenotype notes taken in my 16 capacity as County Clerk of the Commissioners Court 17 of Kerr County, Texas, at the time and place 18 heretofore set forth. 19 DATED at Kerrville, Texas, this 7th day of 20 March, 2007. 21 22 JANNETT PIEPER, Kerr County Clerk 23 BY: _________________________________ Kathy Banik, Deputy County Clerk 24 Certified Shorthand Reporter 25 3-7-07 emg