2002-03-28
REGULAR MARCH TERM
HELD MARCH 28, 2002
e
THE STATE OF TEXAS 9
COUNTY OF CALHOUN 9
BE IT REMEMBERED, that on this the 28th day of March, A.D., 2002 there was begun
and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00
A.M., a Regular Term of the Commissioners' Court, within said County and State, and
there were present on this date the following members of the Court, to-wit:
Arlene N. Marshall
Roger C. Galvan
Michael J. Balajka
H. Floyd
Kenneth W. Finster
Shirley F oester
County Judge
Commissioner, Pet. 1
Commissioner, Pet. 2
Commissioner, Pet. 3
Commissioner, Pet. 4
Deputy County Clerk
Thereupon the following proceedings were had:
Commissioner Galvan gave the Invocation and Commissioner Enster led the Pledge of
Allegiance.
APPROVAL OF MINUTES
e
A Motion was made by Commissioner Floyd and seconded by Commissioner Galvan that
the minutes of January 14, 2002 meeting be approved as presented. Commissioners
Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor.
Arlene N. Marshall
County Judge
H. Floyd
Commissioner, Pet. 3
Roger C. Galvan
Commissioner, Pet. 1
Kenneth W. Finster
Commissioner, Pet. 4
Michael J. Balajka
Commissioner, Pet. 2
Shirley F oester
Deputy County Clerk
BIDS AND PROPOSALS - LAW ENFORCEMENT LIABILITY INSURANCE
Bids for law enforcement liability insurance were opened on March 31, 2002 by Cindy
Mueller and Rita Miller and were read by County auditor Ben Comiskey. Bids were
received from GSM Insurors in the amount of $24,967.56 and from HRH in the amount
of $25,716.70. (Mr. Comiskey said the total for last year was $17,348.)
e
A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd to
accept the bid of GSM Insurors in the amount of $24,967.56 as the low bidder.
Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor.
1
r
Q
u
o
T
E
I~SrrRED, 170780/305006
C~lhoun County SherifL'~ oft ice
211 s. Ann St~eet
PQrc Lavaca, TX 77979
Page 2 0 ~ 2.
INSURANCE COMPANY~
United Natio~al Insurance ComFar.y
. Rl3MI1lM'
STATE TAX:
ST1J(i>ING FEE;
){AlUl:E'l' FJl:E ~
POLICY FElS:
TOTAL:
$23(406.00
1,152.17
59.39
150_00
200.00
$24,967.56
* ~ COVE~GE OFFERED IN TaIS QUOT~TrON MAY DI?F~R ~
... FRoM 1'l1AT REQUESTED IN TJ!t! APPLICATION. Jl'kILTIRE
t- TO P1WVIPE TIIE REQ~STED COVER..~GE SHALL IUPOSE NO
. LIABILITY ON U.S. RISK UNDERWRI~ERS A AUSTIN OR
.. r'IS CaMP ANTE 5
BID
ANNUAL PREMIUM
3-YEAR PREMIUM
LAW ENFORCEMENT LIABILITY INSURANCE
$25,716.70
$ NOT AVAILABLE
NAME: HILB, ROGAL & HAMILTON CO. OF VICTORIA
ADDRESS: 1 O'CONNOR PLAZA #900
CITY, STATE, ZIP: VICTORIA, TX 77901
PHONE NUMBER:
575-8256
AUTHORIZED SIGNATURE:
TITLE: PRESIDENT
DATE: 3-21-02
COMPANY: SCOTTSDALE INDEMNITY INSURANCE COMPANY
COVERAGE IS BID AS STATED IN BID INSTRUCTION
WRITTEN ON OCCURRENCE FORM
DEDUCTIBLE: $10,000
THE MUNICIPALITY NAMED AS AN ADDITIONAL INSURED
INCLUDES CONSTABLES, JUSTICE OF PLEACE OFFICERS, AND PROBATION OFFICERS,
COVERAGE FOR INSURED WHILE RENDERING EMERGENCY MEDICAL CARE
BROAD FORM LAW ENFORCEMENT LIABILITY CONTRACT
PUNITIVE DAMAGES COVERAGE INCLUDED
2
e
.
e
--
e
BURLINGTON NORTHERN AND SANTA FE RAILWAY INSTALL GRADE
CROSSINGS IN BOYD AND SIKES ROADS IN PRECINCT 4
This agenda item was passed to April 11, 2002.
BURLINGTON NORTHERN AND SANTA FE RAILWAY - EMERGENCY
RESPONSE AND TRAFFIC PROTECTION DURING CONSTRUCTION ON
BOYD AND SIKES ROADS IN PRECINCT 4
e
This agenda item was passed to April 11, 2002.
LASALLE'S LANDING SUBDIVISION IN PORT LAVACA TAX
ABATEMENT REOUEST
Mr. Seaman is asking for a $3.5 million abatement. He requests a variance from our
guidelines stating a $25 million project value. He has 350 lots valued at $100,000; $3.5
million is his estimate.
Ty Zeller stated the agreement has a value based at $3.5 million not 35 million because
infrastructure is not included. When the lots are sold to AI Hogan, Builder the abatement
is complete. Commissioner Floyd said the $3.5 million is based on an estimation that
would require five phases being completed. Mr. Zeller said if 85% is not reached, the
total would be in non-compliance.
Mr. Hahn said the establishment of the base value was correct. On Phase I with 79 lots
completed, you give him a base value as if that were not improved. Commissioner Floyd
stated the agreement says $25 million and the guideline says $35 million.
Mr. Zeller said Mr. Seaman is not asking for an abatement. If the first houses are not
sold, he will not build any more houses. Commissioner Floyd said heC~%entify the
exceptions; he is saying he will have $3.5 million and not $25 million. Commissioner
Finster said there needs to be a standard set.
e
Commissioner Floyd said we don't usually grant an abatement piece by piece. We have
guidelines that need to be met. Granting abatement is an incentive to come here. Mr.
Galvan felt the Court needs to set guidelines for $3.5 million for infrastructure
development or stick with the $25 million limit. The deadline for this is April 30th.
Judge Marshall said she would like to review this further and Commissioner Galvan
concurred.
This matter was re-set for April 11, 2002.
1992 CHEVROLET RESCUE UNIT AT EMERGENCY MEDICAL SERVICES-
SURPLUS
A Motion was made by Commissioner Finster and seconded by Commissioner Floyd to
declare a 1992 Chevrolet Rescue Unit, VIN 2CBHC39N51140698 of Emergency
Medical Services as surplus.
Commissioner Finster was informed that Henry Barber, EMS director, had asked that this
be transferred to the Magnolia Beach Volunteer Fire Department. Commissioner Finster
withdrew his Motion and Commissioner Floyd, his second.
I-
A Motion was made by Commissioner Finster and seconded by Commissioner Floyd to
declare the 1992 Chevrolet Rescue Unit of EMS, VIN 2CRHC39N5114098 as surplus
and transfer same to Magnolia Beach Volunteer Fire Department. Commissioners
Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor
BIDS AND PROPOSALS - SALE OF SURPLUS 1992 CHEVROLET RESCUE
UNIT AT EMS
No action was taken (The item was transferred to Magnolia Beach VFD)
3
VACATE PORTIONS OF PORT O'CONNOR TOWNSITE - PETITION OF
WALTER MAYFIELD
This agenda item was passed to April 11 , 2002.
MAYFIELD SUBDIVISION IN PORT O'CONNOR - APPROVE PRELIMINARY
PLAT
e
This agenda item was passed to April 11,2002.
POTENTIAL TAX ABATEMENT AGREEMENT WITH DOW CHEMICAL
COMPANY - APPOINT COMMISSIONERS' COURT REPRESENTATIVES
FOR DISCUSSION WITH DOW
A Motion was made by Judge Marshall and seconded by Commissioner Floyd that Judge
Marshall and Commissioner Finster be authorized to participate in whatever future
activities may be involved and gather information for the Court regarding a possible Dow
plant expansion. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all
voted in favor.
CALHOUN COUNTY EMERGENCY MEDICAL SERVICES - APPOINT
COMMISSIONERS' COURT REPRESENTATIVE AS LIAISON
A Motion was made by Commissioner Galvan and seconded by Commissioner Floyd to
appoint Commissioner Finster as Commissioners' Court representative to act as liaison to
Calhoun County Emergency Medical Services. Commissioners Galvan, Balajka, Floyd,
Finster and Judge Marshall all voted in favor.
COURTHOUSE MOLD INSURANCE CLAIM - ACCEPT PARTIAL PAYMENT
e
This agenda item was passed to April 11, 2002.
LEAK IN COURTHOUSE INSURANCE CLAIM - ACCEPT PARTIAL
PAYMENT
This agenda item was passed to April 11, 2002.
OVERPAYMENT OF SALES TAX TO CALHOUN COUNTY BY STATE
COMPTROLLER
A Motion was made by Commissioner Floyd and seconded by Commissioner Finster to
authorize Sharron Marek, County Treasurer, to authorize the State Comptroller to deduct
re-payment of overpayment of sales tax in the amount of $83,304.10 by monthly
deduction from future payments to the County. Commissioners Galvan, Balajka, Floyd,
Finster and Judge Marshall all voted in favor.
COUNTY EMPLOYEE SUPPLEMENTAL INSURANCE - NATIONAL FAMILY
CARE LIFE INSURANCE COMPANY PRESENTATION
Stan Wernick with National Family Care Life Insurance Company presented his
supplemental insurance plan for county employees. He was told he had to inform the
Court of his plan before he could present it to the employees to do payroll deduction for
the premiums. Commissioner Galvan was not in favor of this as employees already have
payroll deduction insurance and this would be confusing. Commissioner Floyd did not
think the Court should act on this as it might be viewed as support. Commissioner
Finster suggested he go to the department heads. Judge Marshall said it was appropriate
that the Court was made aware of this.
-
No action was taken by the Court.
4
e
e
e
TAX ASSESSOR-COLLECTION - MONTHLY REPORT
The County Tax Assessor-Collector presented her monthly report for February, 2002 and
after reading and verifying same, a Motion was made by Commissioner Balajka and
seconded by Commissioner Floyd that said report be accepted as presented.
Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor.
BUDGET ADJUSTMENTS - BUILDING MAINTENANCE - DISTRICT
ATTORNEY - COMMISSIONER PRECINCT #1 - CONSTABLE PRECINCT #3
- GENERAL FUND TRANSTER/INDIGENT HEALTHCARE - SWAN POINT
PARK CAPITAL PROJECT - MOLD REMEDIATION CAPITAL PROJECT
A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd
that the following Budget Adjustments be accepted. Commissioner Galvan, Balajka,
Floyd, Finster and Judge Marshall all voted in favor.
II BUDGET AMENDMENT REQUEST II
(
To:
Calhoun County commissioners' Court
B u.'d&. ~ f!1 fl;..00Mlc,.v.Q e ,)
(Department making this request)
From:
Date:
3 ----d5 -o~
I request an amendment to the ~'" 0).....- budget for the
(year)
following line items in my department:
GL Account #
---.....---------
Amendment
Account Name Amount Reason
------------------ ------------- -------------------
J1(J-53(pfO
(I{) - 1~:lo 0
KO(jT4~! Pc.J-s
)~;<>jK'~-C}J
~'0+ W~N
(~ fo Jt;. /~i.o(7)
~~~
~ol)
,
!;j.coa)
<-1P a 0
MAR 2 8
Net change in total budget
for this department is:
$
-0.-
-------------
-------------
Other remarks/justification:
I understand that my budget cannot be amended as requested until
Commissioners' Court approval is obtained.
Signature of official/department head:
Date of Commissioners' Court approval:
Date posted to General Ledger account(s):
5
~
II BUDGET AMENDMElIT REQUEST II
To: Calhoun County Commissioners' Court
From: [\a:Wt~ ~r
(Department making this request)
Date:
3 -JJJ -(j).;
I request an amendment to the J l(){)d--" budget for the
(year)
following line items in my department:
GL Account #
Amendment
Amount
--ZCis)---
L1V)'
p~~,
~l;:;t(k/
(~WJ. ~+
:rl- I at" 1-1 )
Account Name
Reason
IO~~~~;;=~0~o ~~~j[~
{(\'1:>a- 5l0- (o'f1QO Ul--h.tj/'
-------------------
APPROVED
2002
Net change in total budget
for this department is:
Other remarks/justification:
$
-0-
-------------
-------------
I understand that my budget cannot be amended as requested until
Commissioners' Court approval is obtained.
Signature of official/department head:
Date of Commissioners' Court approval:
Date posted to General Ledger account(s):
6
.
e
e
'-"-~l
~
~~;. .'
e
e
e
02/25/2000 FRI 19:51 FAX
~OOl
-3
~G~T AMENDMENT REQUESTII
To:
Calhoun County Con~issioners' Court
From:
I'd/.",,-,,- ~ N- IF (
(Department making this request)
Date:
O<!.;I.It9:L.
1 request an amendment to the ~ OO~
(year
tollowing line jLems in my department:
budget tor the
GL Account 1/
Am.enament
Amount
Reason
Account Name
-~--- ---- ------ - --
----~--------
-- .--- --------
PIt> 535%0
.,51tJ. 53'51a
'fP~
~~d..~ ~d'1~
IOuc./
~tP </->
A.E2!:lO VED-.
- .----. .--- -'-'.-
MAR 2 8 2002
--.------- .---.
ll~t cllanqe In total budget
!.')( llli~; d~parlrncnt is:
s
-0-
Or:.lh~r 1.-l2n'':lr~:~~/)llSllrl~:atr{.)fl.
-------------
- -- -_.. -. -- ----
I underSldn(J 1.11~l my budq~t cannot b~ drll~rld~d ds reqlJested unLll
((.llnml.S-StOl1er<.' CQurt oppr'ov<.'ll is Oblcllnc:'rl
Sl(Jn3t_l.1t~ of o(rLci';'lfd~pdl"tfTlent tleed.
/.rr-;6~__",,'~<: d~
l),~L~ or ComJllls~j.OneLS' CQIJrt dppr-Oval:
Cl..?Le po~ t -:.d Lo Gene..t:a.l. Leoger oCCQu.nt {S) ;
7
4'-
[I BUDGET AMENDMENT REQUEST II
To: Calhoun County Commissioners' Court
From: ~jJ~ Pu- 3
(Department making this request)
Date:
3---M-O ;L
I request an amendment to the * () J.--' budget for the
year)
following line items in my department:
GL Account #
-------------
Amendment
Account Name Amount
~~-~-~~~-~
Reason
~oC:J-1j3LjJ30
~()O - (00 33d-'
/to 0J:rt;;u )
i-oAc~
o
I I
e
MAR 2 8
Net change in total budget
for this department is:
$
-0-
-------------
-------------
Other remarks/justification:
I understand that my budget cannot be amended as requested until
Commissioners' Court approval is obtained.
Signature of official/department head:
Date of Commissioners' Court approval:
e
Date posted to General Ledger account(s):
,---:tI
8
ii.'
/'
~
BUDGET AMENDMENT REQUEST
AMENDMENT
AMOUNT
200 TO PAY MOLD BILLS APPROVED 3/28/02
(200)
TOTAL BUDGET
e
e
o
APPROVED
MAR 2 8 2002
Q
....'
--
BUDGET AMENDMENT REQUEST
en
Total for FUND
iIIli~~~""~
NET CHANGE IN TOTAL BUDGET
o
.._--------~
/~ '-J 1-:) () ......... ~ ! ;-..... -:-:,:-~-
['~'~) ;~J
e
e
_:l
10
e
e
e
BUDGET AMENDMENT REQUEST
'1
o
o
APPROVED
MAR 2 8 2002
11
e
Fund
Code
1000
Total
1000
5155
Total
5155
Report Total
Effective
Date
Fund Title
3/2&/2002 GENERAL FUND
GENERAL FUND
312&12002 CAPITAL PROJECT SWAN
POINT PARK
Date: 3126J020S:Q():58 PM
CAPITAL PROJECT SWAN
POINT PARK
e CALHOUN COUNTY. TEXAS
Unposted Budget Transactions - REVENUE ADJUSTMENTS FOR 3/28/02
BUD204 - BUDGET ADJUSTMENTS FOR 312&/02
e
(J 0 p~~s)
Transaction Description
DeptTitle
GL Title
(ncrease
POSTAGE REIMB. BY HOT
CHECK RESTITUTION
REVENUE
MISCELLANEOUS REVENUE
95.00
95.00
INCREASE BUDGET FOR
AMOUNT OF GRANT
RECEIVED
NO DEPARTMENT
FEDERAL GRANT-GENERAL
LAND OFFICE
10,000.00
10,000.00
APPROVED
10,095.00
'wAR 2 8 2002
Decrease
0.00
0.00
0.00
Page:!
N
...-i
---- --
e e CALHOUN COUNTY. TEXAS t>.--;::::--------,
Unposted Budget Transactions - EXPEND.ADJUSTMENTS FOR 3/28/02 J'_.U
;,'L'
BUD204 - BUDGET ADJUSTMENTS FOR 3/28/02
IvIAR 2 8 2002
Effective
Date Fund Title Transaction Description DeptTitle GL Title Increase ecrease
3/28/2002 GENERAL FUND ADDTL AMOUNT BUILDING MAINTENANCE BUILDIN S/PARTS 2,000.00
NEEDED-HEAT
EXCHANGER-JAIL HOT
WATER
3/28/2002 GENERAL FUND ADDTL AMOUNT BUILDING MA1NTENANCE IMPROVEMENTS.JAIL 2,000.00
NEEDED-HEAT
EXCHANGER.JAIL HOT
WATER
3/28/2002 GENERAL FUND TO PAY MOLD BILLS INDIGENT HEALTH CARE CARE OF INDIGENTS 200.00
APPROVED 3/28/02
3/28/2002 GENERAL FUND POSTAGE REIMB. BY HOT DISTRICT A TIORNEY POSTAGE 95.00
CHECK RESTITUTION
3/28/2002 GENERAL FUND LINE ITEM TRANSFER ROAD AND ROAD & BRIDGE SUPPLIES 1,064.00
BRIDGE-PRECINCT # 1 .
3/2811002 GENERAL FUND LINE ITEM TRANSFER ROAD AND PIPE 1,064.00
BRIDGE-PRECINCT;; 1
3/28/2002 GENERAL FUND AS NEEDED FOR HOLSTER, CONSTABLE-PRECINCT # 3 LA W ENFORCEMENT 145.00
TARGETS SUPPLIES
3128/2002 GENERAL FUND AS NEEDED FOR HOLSTER, CONSTABLE-PRECINCT #3 AUTO ALLOWANCES 145.00
TARGETS
3128/2002 GENERAL FUND TO PAY MOLD BILLS TRANSFERS TRANS. TO CAP.PROJ. MOLD 200.00
APPROVED 3/28/02 REMEDIATION
GENERAL FUND 3,504.00 3,409.00
3/2812002 CAPITAL PROJECT SWAN INCREASE BUDGET FOR NO DEPARTMENT IMPROVEMENTS.BOA T 10,000.00
POINT PARK AMOUNT OF GRANT RAMP/SWAN POINT
RECEIVED
CAPlT AL PROJECT SWAN 10,000.00 0,00
POINT PARK
3/2812002 CAPITAL PROJECTMOLD TO PAY MOLD BILLS NO DEPARTMENT MISCELLANEOUS 48.00
REMEDIA nON APPROVED 3/28/02
3/2812002 CAPITAL PROJECTMOLD TO PA Y MOLD BILLS NO DEPARTMENT TELEPHONE SERVICES 152.00
REMEDJA TION APPROVED 3128/02
3/2812002 CAPITAL PROIECTMOLD TO PA Y MOLD BILLS NO DEPARTMENT TRANSFERS FROM 200.00
REMEDIATION APPROVED 3/28/02 GENERAL FUND
CAPITAL PROJECTMOLD 200.00 200.00
REMEDIA nON
4:59:53 ~M Pas.:l
l-"
C,.J
Fund
Code
Report T olal
Dale JnbKJ204:S'lSJ PM
Effective
Date
e
Fund Title
CALHOUN COUNTY. TE_
Unposted Budget Transactions. EXPEND.ADJUSTMENTS FOR 3/28/02
BUD204 - BUDGET ADJUSTMENTS FOR 3/28/02
Transaction Description
DcptTitle
GL Title
APPROVED
MAR 2 8 2002
Increase
13,704.00
Decrease
3,609.00
Pose:!
e
~
Z
;;;;
o
U
I
Q
~
~
o
..:i
..:i
<
en
E-<
Z
;;;;
o
u
u
<
01)>,'"
,5..D ~
~"'Og
e .g 'C;;
I-; ~,~
V 8 E
0:: " S
oj '" 0
]-gu
oj oj
~ oj .
e ~ E ;...;
:::t '@" V 0
~ {; E ;>
e ~ ~4S
~ I-; 0..,5
;>-.(1)1-;"0
E5c.82
:::t 'v} 0
o tIl"'O ;>
U'8 ~::::
ve2~
-:5 0 o..~
>,U ~..c
..0;>-, ~
"'O..otUro
" .0:2
E..g tn Q)
~ {tj E 00
e E '@ ~
o..l"J':lU~
"oj "'"
~ ":E !ii
~ t:: ro l-<
o '" "
M '.p .... ~
0, 0 ro I::
..,,: '" ..c .-
o,~""~
o {tj C::"O"
00" ro >.
l.1') v"..2:, 0
'" d oj-
"'''0'''
i~~~
t:: t::_
.....- 0 ro
o~'C;;~
.... 'C l"J':l ~
tI) Q) ,- c::
S > S oj
~"Og~
U2UQ
<d'
<"'l
ACCOUNTS ALLOWED - HOSPITAL INDIGENT HEALTHCARE
Claims totaling $64,988.60 for Hospital Indigent Healthcare were presented by the
County Treasurer and after reading and verifying same, a Motion was made by
Commissioner Balajka and seconded by Commissioner Galvan that said claims be
approved for payment Commissioners Galvan, Balajka, Floyd, Finster and Judge
Marshall all voted in favor.
ACCOUNTS ALLOWED - HOSPITAL
e
Claims totaling $1,253,067.04 for Hospital Operations were presented by the County
Treasurer and after reading and verifying same, a Motion was made by Commissioner
Floyd and seconded by Commissioner Galvan that said claims be approved for payment.
Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor.
GENERAL DISCUSSION
Commissioner Floyd stated that historically, County Precinct #3 has maintained the Boat
Ramp at Point Comfort; County Auditor, Ben Comiskey, said it is not County property
and there is no agreement for this. It is the property of the City of Point Comfort. We
cannot do the maintenance work as before. He had attended the Point Comfort City
Council meeting in which they plan to deed this property to the County. He has
previously been using County funds for the maintenance.
Judge Marshall said Connie Hunt, a volunteer with Calhoun County High School,
contacted her regarding County Government Week. She suggested students come to the
Courthouse on April 10 and have Commissioners' Court for April 11,2002 at the high
school auditorium at 2:00 PM. for the beach rules and regulations hearing.
Commissioner Finster wondered if we could get public participation for the public
hearing. He was concerned that the beaches are territorial regarding rules and
regulations.
THE COURT ADJOURNED AT 11:37 AM.
e
e
15