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2002-08-23 r' e e e SPECIAL AUGUST TERM HELD AUGUST 23, 2002 THE STATE OF TEXAS S S COUNTY OF CALHOUN S BE IT REMEMBERED, that on this the 23rd day of August, A.D., 2002 there was begun and holden at the Courthouse in the City of Port'Lavaca, said Count1 and State, at 9:00 A.M., a Special Term of the CommissJ.oners'Court, within "C.. . saidCount1and State, and there were. present ...on this. date the followJ.ng members of the Court, to-wit: Arlene N. Marshall Roger C. Galvan Michael J. Balajka ,H. Floyd Kenneth W. Finster Shirley Foester County Judge commissioner,pct.l Commissioner,Pct.2 Commissioner,Pct.3 Commissioner,Pct.4 Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. CASH DONATION FROM FOMOSA PLASTICS,INC. The Court accepted a cash donation from Mr. Jack Wu on behalf of Formosa Plataics,Inc. in the amount of $850,000 being the payment for tax anticipation notes under the tax abatement agreement. EXEUTIVE SESSION - CALHOUN COUNTY CRIME VICTIMS ASSISTANCE COORDINATOR The Court being in open session, the County Jud~e as presiding officer, publicly announced that comnussioners' Court would go into a closed meeting as authorized by Section 551. 074, Chapter551 of Vernon I s Texas Codes Annotated, Government Code, which authorizes Commissioners' Court to discuss the appointment, employment, evaluation, assignment, duties, discipline or dismissal of a public officer or empl01ee or to hear complaints or charges against such offJ.cer or employee, unless such officer or emolovee reauests a ~ublic hearina. (Discussion will include matters related to the duties and employment status of Calhoun County Crime victims Assistance Coo~dinator'Tammy Hernandez.) The Judge publicl1 announced tbatbefore any final action, decision or vote J.S made regarding the subject matter of the executive session, the meeting will be reopened to the public. ' . The Court then went into closed session at 9:05 A.M. The JUdge reopened the meeting to the public at 9:l9 A.M. No final action, descision or vote with regard to any matter considered in the closed session was taken. Charles Hood, Attorney, was retained to represent Ms. Hernandez on sick leave from the County with no claim for workers' compensation.. . DEFINE AND FORMALIZE_THE COUNTY'S RELATIONSHIP WITH THE HARBOR Jan Hunt, Chairman of the Board of Directors of The Harbor and Maria Flores, a Harbor em~loyee met with the Court regarding defining and formalJ.zing the County's relationship with The Harbor. Judge Marshall stated the relationship of the County with the Title 1, 2, 3 . organizations which the County funds should be formalized , 1. , (Tne Harbor, Childrens'Alliance and Crime Victims Center). She said the Court proposed an agreement in the future to give a lump sum payment to The Harbor rather than designating where the money goes. The Harbor will prepare its budget and list the services it will provide. Ben Comiskey, County Auditor, stated the County is dealing with its own department and has no connections at all with The Harbor at this pointl it is just that Tammy Hernandez is a county employee who works for both. He suggested an attorney review any changes to the contract. The Court has control over all departments; the department within the county known as Crime Victims will be done away with on January l, 20031 funds will be paid to The Harbor to provide services and it will define those services by contract. . Commissioner Finster stated this has to do with the budget. Commissioner Floyd said Ms. Hernandez is a county employee and is not a matter of The Harbor. Commissioner Galvan said when the decision regarding the contract with the Harbor was made by the Court, her situation was not known. Judge Marshall stated the Court is not authorized to give a50l(c)3 without a contract. Ms. Hunt stated The Harbor operations are being discussed 1 Ms. Hernandez' situation will be addressed laterl these are two separate items. Commissioner Balajka stated the position now held by Ms. Hernandez will'cease to exist on January lst. Mr. Comiskey said the position was created under the District Attorney's officel she is still a county employee-and entitled to benefits until January 1, 2003. Judge Marshall proposed a lump sum contract with no line items necessary from the department 1 The Harbor Board will determine how the money is spent. Commissioner Floyd stated agenda item i5 is in error as listed, it should not include'personnel as it concerns only the position. Mr. Comiskey said his letter to the Court stated The Harbor asked that four persons be authorized to sign purchase orders as Ms. Hernandez is not available. A Motion was made by Commissioner Floyd and seconded by Commissioner Finster to authorize Jan Hunt and Maria Flores individually to sign requests for payments that come to the County in regard to the operation of The Harbor effective to the end of the year. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. In discussion, Judge Marshall explained the organization of The Harbor and the other groups. The by-laws and appointments of members were discussed. Commissioner Floyd asked to see the by-laws as they are now and requested this be ~ut on the agenda later. Judge Marshall said $28,500 ~s budgeted for The Harbor for 2003. MEMORIAL MEDICAL PLAZA ROOF LOSS - NON-WAIVER AGREEMENT WITH INSURANCE COMPANY e e Charlie Crober, Building Superintendent, asked that the Non-Waiver Agreement he received from the insurance companf concerning the roof loss at Memorial Medical Plaza be reVLew br the District Attorney to insure no rights would be wa~ved. Dan Heard agreed to review it.. GENERAL DISCUSSION - COUlt'rY EMPLO'iEES HEALTH INSURANCE No discussion or action was taken by the Court on this carryover of agenda item 19 of August 22, 2002. BUDGET WORKSHOP FOR 'iEAR 2003 The Court went into a Budget Workshop session for the Year 2003. MEMORIAL MEDICAL 'PLAZA ROOF LOSS - NON~WAIVER AGREEMENT WITH INSURANCE COMPANY District Attornef Dan Heard returned to Court durin9 the Budget Workshop Ln the afternoon stating he had rev1ewed the Non-Waiver Agreement. e 2 (e e A Motion was made by commissioner Balajka and seconded by commissioner Galvan to authorize the County Judge to sign the Non-Waiver Agreement with the insurance company concerning roof loss at Memorial Medical Plaza. . commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all' voted in favor. NON - WAIVER AGREEMENT IT IS AGREED, that any action taken heretofore or hereafter by the insurance company, or companies, signing this agreement in ascertaining the amount of the actual cash value; and the amount of the loss and damage which occured 05/03/2002 to CALHOUN COUNTY ANNEX, located at 1300-1310 VIRGINA ST , PORT LAVACA, TX 77979, and in investigating the cause thereof, shall not waive or invalidate any of the conditions of the policies of insurance, NOTICE, is hereby given and accepted, and it is hereby mutually understood and agreed, that no representative of any insurance, company signing this agreement has power or authority to waive any of the conditions of their respective policies, unless such waiver be specifically made in writing, THE REASON(S) for executing this request (in addition to any such other reasons as may appear): FOR LATE REPORTING THE SOLE OBJECT AND INTENT of this agreement is to provide for the determination of the amount of the actual cash value and the amount of the loss and damage, and an investigation of the cause thereof, without regard to the liability, if any, of said insurance companies. WITNESS our hands in duplicate, day of year of INSURED ~~/b INSURANCE COMPANY, OR COMPANIES WITNESSES ~~ dtd4-~ e ~~~~o.~ The Budget Workshops scheduled for August 26 27 and 28 2002 were cancelled. ' " THE COURT ADJOURNED AT THE CLOSE OF THE WORKSHOP. ~