1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Thursday, February 3, 2011 11 11:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 23 PRESENT: PAT TINLEY, Kerr County Judge H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 24 GUY R. OVERBY, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 BRUCE OEHLER, Commissioner Pct. 4 2 1 I N D E X February 3, 2011 2 PAGE 3 1.1 Consider/discuss, take appropriate action to confer with County Attorney regarding status 4 of L.C.R.A. CREZ litigation; consider/discuss, take appropriate action to authorize pursuit of 5 appellate remedies 3 6 --- Adjourned 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 On Thursday, February 3, 2011, at 11:00 a.m., a special 2 session of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Let me call to order this special 8 Commissioners Court meeting posted and scheduled for this 9 date and time, Thursday, February 3, 2011 at 11 a.m. It's a 10 bit past that time now. The agenda item is to consider, 11 discuss, and take appropriate action to confer with the 12 County Attorney regarding the status of the L.C.R.A. CREZ 13 litigation, and to consider discuss, take appropriate action 14 to authorize pursuit of appellate remedies. Probably 15 initially, we're going to need to go into executive session, 16 so we'll go out of public or open session at this time for 17 the purpose of going into executive session to consider the 18 agenda item. It is 11:08. 19 (The open session was closed at 11:08 a.m., and an executive session was held, the transcript of which 20 is contained in a separate document.) 21 - - - - - - - - - - 22 JUDGE TINLEY: Okay, we're now back into public or 23 open session. It's 11:43. Does any member of the Court have 24 anything to offer in connection with the agenda item for 25 consideration by the Court? 2-3-11 4 1 COMMISSIONER OEHLER: Buster, I thought you had 2 this worked out. 3 COMMISSIONER BALDWIN: No, I -- let's see here. 4 How do you want it worded? That -- that we participate in 5 the motion for rehearing? 6 MR. HENNEKE: I would propose you could -- 7 Commissioner, you could make a motion that would authorize 8 Kerr County to join with the City of Kerrville in the appeal 9 of the Public Utility Commission's January 20th, 2011 10 decision affecting the CREZ transmission line in the 11 McCamey D to Kendall project. 12 COMMISSIONER BALDWIN: That's easy for you to say. 13 JUDGE TINLEY: Or rather than say the appeal, just 14 say the motion for rehearing, if you want to limit it to that 15 right now. 16 COMMISSIONER BALDWIN: And that would be my motion. 17 JUDGE TINLEY: To limit it to the motion for 18 rehearing? 19 COMMISSIONER BALDWIN: Yes, sir. 20 JUDGE TINLEY: To join the City of Kerrville in the 21 motion for rehearing of the P.U.C. Commission. 22 COMMISSIONER BALDWIN: Correct. 23 JUDGE TINLEY: Okay. 24 COMMISSIONER OEHLER: And not committing any funds 25 at this point. 2-3-11 5 1 JUDGE TINLEY: We're not going to say we commit 2 funds. We don't commit funds. 3 COMMISSIONER OEHLER: Yeah. 4 JUDGE TINLEY: Okay, I have a motion. Do I hear a 5 second? 6 COMMISSIONER OVERBY: I will second that. 7 JUDGE TINLEY: We have a motion and a second as 8 indicated. Question or discussion on that motion? All in 9 favor of the motion, signify by raising your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE TINLEY: All opposed, same sign. 12 (No response.) 13 JUDGE TINLEY: The motion does carry. Anything 14 else in connection with the agenda item, gentlemen? 15 COMMISSIONER BALDWIN: I guess that we could do 16 this again if necessary, be called back in and -- if 17 something comes up? 18 JUDGE TINLEY: Mm-hmm, sure. 19 COMMISSIONER BALDWIN: Okay. 20 JUDGE TINLEY: Options are always open. 21 COMMISSIONER BALDWIN: Yes, sir. 22 JUDGE TINLEY: If there's nothing further, we'll be 23 adjourned. 24 (Commissioners Court was adjourned at 11:44 a.m.) 25 - - - - - - - - - - 2-3-11 6 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my capacity as 5 official reporter for the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 3rd day of February, 8 2011. 9 10 JANNETT PIEPER, Kerr County Clerk 11 BY: _________________________________ Kathy Banik, Deputy County Clerk 12 Certified Shorthand Reporter 13 14 15 16 17 18 19 20 21 22 23 24 25 2-3-11