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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