1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, February 7, 2011 11 6:00 p.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 BRUCE OEHLER, Commissioner Pct. 4 25 ABSENT: JONATHAN LETZ, Commissioner Pct. 3 2 1 I N D E X February 7, 2011 2 PAGE 3 1.1 Consider/discuss, take appropriate action on proposed settlement between Kerr County and 4 Mr. Vlasek on Ingram Lake encroachment issue 3 5 Adjourned 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 On Monday, February 7, 2011, at 6:00 p.m., a special 2 executive session of the Kerr County Commissioners Court was 3 held in the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had: 5 P R O C E E D I N G S 6 JUDGE TINLEY: Let me call to order this special 7 Commissioners Court meeting posted and scheduled for this 8 date and time, Monday, February 7th, 2011, at 6 p.m. It is 9 that time now. The agenda item is to consider, discuss, and 10 take appropriate action on proposed settlement between Kerr 11 County and Mr. Vlasek on the Ingram Lake encroachment issue. 12 Commissioner Oehler, you want to go into executive to talk 13 about the particulars? 14 COMMISSIONER OEHLER: I don't think there's 15 anything -- I think we can talk about the particulars right 16 here. I don't think there's any big secrets about anything 17 that we don't need to -- to say. 18 JUDGE TINLEY: All right, we'll do it in clear, 19 then. Go ahead. 20 COMMISSIONER OEHLER: We hired Mr. Harpold to 21 handle the case against Mr. Vlasek with the encroachment in 22 the lake. He has done that. He -- he actually filed suit 23 last week. Then Mr. Vlasek decided that he would -- he would 24 allow the County to take the wall down and remove it. But in 25 order to do that, we have -- he's working -- Harpold is still 2-7-11 cc1 4 1 working on getting the order signed, or the judgment or 2 whatever that is, you know, the legal issue on that. But 3 he's getting that signed by the judge and by Vlasek, and 4 whenever it's presented to us, then if we agree with what the 5 settlement is, which is the County will remove the wall and 6 the material -- 7 JUDGE TINLEY: Any encroachment. 8 COMMISSIONER OEHLER: The encroachment, and put it 9 back the way it was prior to the wall being built. 10 COMMISSIONER OVERBY: Yeah. 11 COMMISSIONER OEHLER: Which is nothing more than 12 taking a block wall and -- and dirt away, and Road and Bridge 13 has agreed to do that. 14 JUDGE TINLEY: And the issue before the Court is, I 15 assume when the settlement proposal was -- was made, I know 16 you and I had a -- had a discussion with Mr. Harpold, and, of 17 course, any -- any approval had to come from Commissioners 18 Court, and Mr. Vlasek was to be told that specifically, and 19 that's what's before us today. 20 COMMISSIONER OEHLER: That's what's before us. 21 JUDGE TINLEY: Whether or not we approve the 22 settlement on those terms. 23 COMMISSIONER OEHLER: And I'll make a motion that 24 we approve the settlement based on the attorney's agreement 25 with Mr. Vlasek. 2-7-11 cc1 5 1 JUDGE TINLEY: Removing the wall and -- and the 2 earth that was back-filled to create that encroachment? 3 COMMISSIONER OEHLER: That's correct. 4 JUDGE TINLEY: Okay. 5 COMMISSIONER OVERBY: I'll second that motion. 6 JUDGE TINLEY: Motion made and seconded as 7 indicated. Question or discussion on that motion? All in 8 favor of the motion, signify by raising your right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE TINLEY: All opposed, same sign. 11 (No response.) 12 JUDGE TINLEY: The motion carries. Anything else, 13 gentlemen? 14 COMMISSIONER BALDWIN: I move we adjourn. 15 JUDGE TINLEY: You don't need to do that. 16 We're going to -- 17 COMMISSIONER BALDWIN: I second it, then. 18 (Laughter.) 19 JUDGE TINLEY: Okay. We'll be adjourned. 20 (Commissioners Court adjourned at 6:05 p.m.) 21 - - - - - - - - - - 22 23 24 25 2-7-11 cc1 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 8th 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 2-7-11 cc1