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2003-04-24 REGULAR APRIL TERM HELD APRIL 24, 2003 THE STATE OF TEXAS !i !i COUNTY OF CALHOUN !i e BE IT REMEMBERED, that on this the 24th day of April, A.D., 2003 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at lO:OO A,M., a Regular Term of the Commiss~oners' Court, within said County and State, and there were present on this date the follow~ng members of the Court, to-wit: (Absent) Michael J, Pfeifer 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. CALHOUN COUNTY RABIES CONTROL ORDINANCE - REVISIONS DISCUSSED Commissioner Floyd discussed the Rabies Control Ordinance and the February 27, 2003 Texas Board of Health approved Amendments to Texas Administrative Code, Rabies Control and Eradication, pertaining to rabies vaccination requirements for dogs and cats in Texas. It was his understanding, through correspondence, that the Texas Department of Health had extended the option for vaccination from an annual basis to a three year basis. Some citizens asked him why Calhoun County was not using the three year basis. Calhoun County Rabies Control Order (dated 2-24-l997, recorded Vol, l6, pg, 477) calls for vaccination on an annual basis. The Texs Dept, of Health rules for Sec. l69.29 (a) were read by Commissioner Floyd as shown on the following letter. Dr. Steve Wilson discussed information and amendments posted on the Texas Department of Health Zoonosis Control Divisons' Website at www.tdh.state.tx.us/zoonosis and the State Ordinance. He stated rabies is not an animal health issue, it is a public health issue. He discussed the two types of vaccines good for one or three years, He said the issue before the Court is basically po~itical - .an administrative type decision issue, a publ~c health ~ssue, Texas is one of five states that require annual vaccinations; the others require the three year vaccination, Controversy seems to be dividing up the two points - three year supporters are those who re~d t~e studies pass the laws and don't have to deal w~th ~t. Those f;r the one year are actually trying to figure out whats going to happen to the.record.keeping and application and enforcement ~ssues ~f done every three years. He said the FDA and studies state an every three year basis would be medically protected if done property and done every three years. No vaccine will protect 100% as all immune systems do not function properly and not all animals can be vaccinated. The three rear o~ the every y~ar option - whichever ordinance ~s str~cter or requ~res more frequent vaccination is the one that will be enforced in a specific locality. The option will be as set by the.govern~ng body of the vicinity, whether state, county or c~ty ord~nances, e - i~ZO e In order for someone in Calhoun County to le9ally vaccinate every three years - that will requlre all the political subdivisions that claim him as a resident to be in agreement with that option. He said the Court will need to decide the status of an animal that comes into a political subdivision that requires annual vaccinations but came from a political subdivision that re~ired one every three years, Also, regarding registratlon - animals are now registered when vaccinated - would there be annual registrations but vaccinations only every three years. He stressed the need to keep records, He said this was administrative, not medical. Dr, Wilson had no recommendations for the Court, Commissioner Finster said there might be a problem with people remembering when the vaccination was done, Commissioner Balajka asked who would enforce the ordinance, e Dr, Wilson stated the negative side to the three year option vs the annual. The two concerns with vaccinating frequently: (1) In dogs, it increases the chance of an autoimmunity, basically over-stimulating the immune system from frequent vaccinations. (2) In cats, there is vaccine related sarcoma. Most feline specialists reconmmend a yearly vaccine in cats with a low antigen, non-adjuvanted vaccine, Most canine specialists recommend ever~ three years unless it is a puppy and then one vaccinatlon and one vaccination the following year, then one every three years, Advantage is you don't have to vaccinate so often but records are not as good. Commissioner Finster was concerned with the three ~ear option, stating people would get lax and not keep It up, Dr, Wilson mentioned rabies drives and whether this would affect them. Commissioner Balajka was concerned for the public rather than the animals, He felt unlicensed animals should be ticketed and the vaccination forced. Commissioner Floyd felt it was the Court's responsibility to ~rotect the pUblic and to remain with the current Ordlnance until there is a better administrative way to handle it and assure the public is not affected by it. Commissioner Galvan and the Court all agreeded, No action was taken by the Court. It*:l TDH 'z.v.o.;Di!I'...n)Q1nOll~Wrn Texas Department of Health ::dlll:lJdn-.1. Sanchez. M.D., M.P.H. Commissioner r.f HC3.Hh , !}.!!PJ/r..'tfliJ.lllb.J!abt Cl'. u,' 1\.00 Wes149tl1 Street Au::>tJn, TO:\1.51&ij6-3199 3J::-4~i.7) II NicC'Jll~ C\llf'j, ,\.f.O., M.PH. Ex~cut:..e: OtfJucy C\;t\Hni~5\.ofl~r March 7. 2003 e 10 AiDmsllC.tre and Control Profc.9sion:t.l.s, Veterinarians, tmd other interested parties: ~n FebnJar;r' 27, ~OO~, Ult' Texas BOi1Id of Health approved I.m.e.q,jm~nts tv Tt:x~:, Administrative Code, R.3bies Control ~a EradlCatlOll, These amendments ilIe posted 00 the Te""" Department of Health Zoonosis Comeol DtYl~'or.. S websl.te at .......Nw.rdt.st~te.tx.U!'lz:?Onosis, The major impact of the aroelld.men~ pert9.ins to r-,J;bies taU:natJoJ) reqlHremems for dogs and cats lfi Texa5. The new language for Secti"n 169.29 (a) is as foilaws: -1.21 The (jwn~r or (:\lJ1odlan (excluding .ninu,! shtlters) o( each domestic dog or cat Shli.ll lta\'e tbe animal "Kcdlliltd' QgaJ./Jit nib-'el by four mt)JJstJ~ oj age. The s~imal mlt5t rtttJve a bO(lJter wirhin the 12-motJtb ;nt~n-:ll followlug tbe ini1ial vlu:('inatllJl1. Every doml!'Jtic do\! or at mlut be r~\'.cdruted Ilglli",t rllbif!ll at II rniuimum c! at ,lc:Ii.1t onCt every three ytaN! whh It rllbtel nc~ine UOO".J15;ed by the Unlttd Stat4:S DCpllrTm,ent or AgrliCultl.lre. Th~ v.icJ;:i.,e must ht; administertd act:ordtDg to label recomme-nda1lorts.. Liv-e1toc:..k. (e~p(:dally tbo~ lhat hilve fr~qu~.,t .::onta.ct with hum.l/ID.'!:), dotnnlti.c ferrtu. 3nd wolf.dog hybrid! 1t.oufd boll' vBcdllated a.gainst ra.bfb. Nothihg in thii :l:t1..-tion prohrblts.. nttlrinarJu and owner or CUJtQdilil{J from ulecting 1l Jl10re frequent rubl!;!$, v8cdutton interval. H~alth .md Sart"ty Cod~, U816.0U and '16,OHi .Uo..,.. Jou! j~rildictl(ln' to estabUsh mut'\': r~quent rnbJO;!~ vllc<"inatton inttrval.!L e In suw.mary, l, ell dogs and cat? must receive n ~econd rabi~s v~ecinati\'m wj~hin Ol'le yeAr cf re..:::eiving their first vaccinatioll, regardless of Ii. the type ofveccine used or b. the age lit whif;.h thl! anime.l was initially vaccinated, , 2 if the animal hils rct;~ived at IcilSt tw0 Yllcc:llaUOn:i and the last vaccinarion consisted of a. 3..:1 annual rabies vaccin~. the animal must receive a va~cjnf.tion wit}.jJl 12 mouths. b. a n-iennial "VJ.c:c;ne., the :mirnai mu~t receiy~ a vaccination withiD. 36 months. 3. lEthe &!lima! h,lL$ received at I:as: t1VO Vllccinatiocs prlc..,r to this atneadnleflt and a. trJenrJJ.ttJ YllCi;;nt W,15 used for the last vaccination, tilis lIhendment is rerroac1ive (i.e" the anirr..al's- oext Y;l~in8tion will be due within 36 months from the date of its last Ya;~i.nalian), ' If YOll hl'tY~ QUClstions pertaining to the~t! amendments, please Ccnt1tCt your Texas Dtpartml;:nt ofHe-altn Regk:nal ZoOtlosis Control offict:'. You ma)' also contal;1 Dr. Jane Mahlow, Dire-c:-tor. Zoono~i!; Cont..l1)l Division ai ~~11~$8-i255 or email Thc.V~t@td.h.5-.a.rc.tx.us. MEMORIAL MlIDICAL CENTER - MONTHLY FINANCIAL REPORT The Memorial Medical Center monthly report was given by Saad Mikhail. MEMORIAL MlIDICAL CENTER - HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 lHIPAAI PRIVACY RULE e Elwood Currier, Hospital Administrator, gave a report regarding Memorial Medical Center's compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy Rule, stating Memorial Medical Center is in full compliance with all the HIPAA regulations to date and all the employees received the required education and all other re~irements have been met; this was completed on Apr~l 11, 2003. Mr. Currier said UFP is meetng in July and they will ask an orthopedist from one of the groups in Victor~a to cover this hospital and do as much local work as poss~ble. They will probably work out of the out-patients clinics in the emergency area. Subsidy to physicians doing OB in the community because of increase of premium for those family practioners doing obstetrics was discussed at the last Board meeting, He said the legal opion received was that it is a safe harbor issue and we can do it and it is a good business decision and in order to get the disproportionated share funding which this year will be about $500,000, that obstetr~cs will be critical to that particular issue; we are providing a $24,000 investment in order to remain eligible for $500,000. The Board has approved the subsidy. He stated replacement of the ceiling in the hospital dining room was approved by the Board, A repeat board meeting will be scheduled due to not continuing to have a quorum. e .1:22 I J e GENERAl. DISCUSSION - PARKING AT THE PORT O' CONNOR BOAT RAMP AREA IN PRECINCT #4 Captain Kendall Kirk Howlett spoke to the Court concerning parkin~ in the Port O'Connor Boat ramp area. He said there lS no designated area for big trailers. He had parked for years on the side where no-parking signs have been placed but now has no place to park. Parking large trailers in the general public area block it off and the ditches alon~ the road are too deep to allow parking there. Commlssioner Finster stated the no-parkin~ signs have been there about a year. Captain Howlett sald in the last eight to ten years, before the signs were up, he had parked there frequently, Commissioner Finster stated the EMS and fire department were having problems getting through the intersection and coming down the road. You operate a guide service and have a trailer and pick-up totalin$ probably sixty feet; you can't get into the pUblic parklng area, The only other place you can park is alongside the edge by the boat ramp by which a fence has been put up. The ditches have been dug along the street for drainage. Culverts are expensive, He said he had met with the Chamber of Commerce, four en~ineers and Congressman Paul yesterday to discuss a harbor In Port O'Connor which would have some parking but that is some time down the road. He did not know of any other county property that could be used. Ca~tial Howlett said the boat ramp is operated and malntained the State, The place we park belongs to the County, Commissioner Finster discussed the confusion concerning the ownership of the boat ramp and the street, TexDOT put in the boat ramp in the 1970's. Some property was leased for a park and later bought, appearing to be a joint effort between the County and the State. There is some documentation that the street might belong to the State from Hwy 185 to the boat ramp. TexDOT turned the lot over to Parks and Wildlife; owner is actually debatable. The Count~ maintains the parking lot and accesss to the ramp but, It appears, when the ramp was widened, the County did it in joint effort with Parks and Wildlife. There was a right-of-way issue that created a problem. About one and a half years ago, some persons approached the Court because of a parking issue at the intersection there. We did the "no parking" zone then and the community asked for "no parking" up to Hwy 1B5 because you can't get off the highway to turn and go down the street. Captain Howlett said a good place to park large trailer is by the privacy fence. Commissioner Finster said when it was put there originally because when people parked there, it obstructed that side of the boat ramp. Also, the propety owner was operating through that driveway. Now the business and the driveway are no longer there; the area has been subdivided. In order to allow any ~arking where you are speaking of, we would have to resclnd the "no parking" along the fence. I know you need parking and know some people are parking in the parking lot at the "no parking" area because they have no where else to park. We don't have enough room to handle everybody that comes to Port 0 I Connor. A "large parkin~ only" sign mi~ht be put up but there might be a problem wlth the definitlon of that. Mr. Howlett said he might be able to use the area by the Osborn's restaurant; he will speak to Mr. Osborn. Commissioner Finster said that was the only solution he knew. It'would take care of you but if someone beats you to the spot, you're still in the same position. INTERLOC'AL AGREEMENT WITH TEXAS ASSOCIATION OF POLITICAL SUBDIVISONS IT.A.P.S.) FOR FLEET. GKNllRAI. LIABILITY. PROPERTY, CRIME. EOUIPMENT AND AMBULANCE MALPRACTICE INSURANCE COVERAGB Cindy Mueller with the County Auditor'S Office, stated because this is an interloca1 agreement, it does not require that we bid for these coverages again unless the e e .,1Z3 Court wishes. If the Court chooses to renegotiate under this interlocal agreement, we have already gotten the information from the agent. They are ready to get a better schedule and proceed with the renewal clause. The Court can decide to stay with them or seek bids again. Commissioner Finster felt the County should stay with them. Commissioner Floyd asked Cindy's opinion as to if, in negotiations, the Court could determine what the price would be. Cindy stated they will not release anything until they get all the updated fleet and equipment schedules. She said they have requested all the updated information. Commissioner Floyd said we could re-negotiate and an agreement could not be reached; we will have to go out for bids. Cindy said there is a time issue, everythin~ to be renewed on July 17. If the Court does not agree w~th their quotes, there will be a problem getting bids done in time to cover when the pOlicies expire. Commissioner Balajka asked if it was because of the time issue that we would need to depose them. Cind~ replied that is up to the Court. Commissioner Floyd sa~d ther could triple the price and that would not be a sat~sfactory negotiation and we will have to go out for bids. A Motion was made by Judge Pfeifer and seconded by Commissioner Balajka to go out for bids and negotiate for fleet, general liability, property, crime, equipment and ambulance malpractice insurance coverage. Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. e FLEET INSURANCE COVERAGE - LOWER PREMIUM BY REMOVING VEHICLES FROM PHYSICAL DAMAGE BASED ON AGE Cindy Mueller with the County Auditor's Office, said when vehicles are added to the insurance policy, we give them the cost information and if there is a trade-in involved, we have it insured for the full value as if there were no trade-in. That is where the value comes from and they are not adjusted for depreciation each year, She referred to the list of scheduled values on the policy. Commissioner Floyd asked if one of the vehicles were wrecked, would we receive that amount of money in an insurance settlement if it were totaled, Cindy said she doubted it. Commissioner Galvan said we would receive whatever the blue book shows. Commissioner Balajka said it would be whatever the value of the vehicle is, Commissioner Floyd said it is not the insured value, it is the purchase value. Jud~e Pfeifer said the premium is based on the purchase pr~ce, Commissioner Galvan said insure it for the cost when first bought brand new. This is what the insurance company bases it on. Should not get full covera~e on vehicles that are over ten years old. The only th~ng that would make a difference is on heavy equipment. We could probably go back with the company and check on the physical damage afterwards. Commissioner Floyd stated if we want to insure something, no matter the age; if it is worth $500,000 we still insure it but if it is one year old and only worth $5000 we are probably not going to insure it. So it is not the age, it is the replacement value of the vehicle that makes the decision. Commissioner Galvan thought what they pay on is age. Cindy Mueller said when the Court accepted the bid with Trident Insurance Services last year, there was some discussion about removing some vehicles that were over a certain number of years old in order to lower the premium, We already have the $2500 deductible for any kind of physical damage and nothing was ever done on this. Commissioner Floyd said if have $2500 deductible and a vehicle worth $500, then all you are ~aying insurance on is $2500. If the insurance company w1l1 only give us four times the deductible ($10,0001 - you would probably not insure it. Cindy asked if he was talking about things on the co~arison of the value new vs the deductible. Commiss10ner Floyd said what would be received in an insurance settlement. That is what we are actually paying e e ,1:24 e insurance for, Cindy said that would have to come from the insurance company, we cannot determine that. Commissioner Floyd stated we had said anytime the insurance coverage on a vehicle because of its blue book value, etc. drops below $10,000, we were going to drop it from the policr, He asked if the insurance company couldn't do thls, Cindy said she could certainly find out, and if going for bids, this could be written into the specifications, Commissioner Galvan said the Court has discussed this previously but nothing was done, Commissioner Floyd said if you are going to have value vs what she said was doing on age, we could have a grader that is ten years old but still worth a lot of money, Cindy said we are not talking about heavy equi~ment now, It is the fleet that carries the $2500 deductlble. Commissioner Balajka wondered why all the $300 and $400 trailers are on the policy, Cindy replied they were there because of the liability but thought it sillr to be paying physical damages on those values when there lS a $2500 deductible- take them off, e Commissioner Galvan said they could go with the bid and when the bill comes, can always cancel afterwards - this is totally allowed. Physical damages on any vehicle can be canceled at any time it is not feasible to keep. We won't know the physical damage coverage premium until we get the rate schedule. A Motion was made by Judge Pfeifer and seconded by Commissioner Balajka for Commissioner Galvan to serve with Ben Comiskey or Cindy Mueller with the County Auditor's Office to review this matter and report back to the Court as to what needs to be done regarding fleet insurance coverage. Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor, WINDSTORM INSURANCE COVERAGE - SINGLE SOURCE ITEM A Motion was made by Commissioner Floyd and seconded by Commissioner Finster to designate the windstorm coverage through the Texas Windstorm Insurance Associaiton as a single source item, Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. EXCESS WINDSTORM INSURANCE COVERAGE - COURTHOUSE. HOSPITAL AND MEMORIAL MEDICAL PLAZA A Motion was made by Commissioner Floyd and seconded by Commissioner Galvan to renegotiate with the same carrier for Policy Years beginning July 17, 2003 and July 17, 2004 for Excess Windstorm coverage for the courthouse, hospital and Memorial Medical Plaza, Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfiefer all voted in favor. CALHOUN COUNTY MUSEUM - CONTRACT FOR FABRICATION AND INSTALLATION PFULqES OF LASALLE ODYSSEY EXHIBITION A Motion was made by Commissioner Balajka and seconded by Commissioner Finster to approve the final contract with Southwest Museum Services for the fabrication phase and installation phase of the LaSalle Odyssey Exhibition at the Calhoun County Museum and authorize George Ann Cormier to sign the contract. Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor, e .125 AGREEMENT OF WORK LA SALLE ODYSSEY EXHIBIT FABRICATION AND INSTALLATION I. Parties to the Agreement, This agreemeni is between the Calhoun County Museum, located in Port Lavaca, Texas, and the International Museum Corporation, d,b,a Southwest Museum Services, located in Houston, Texas, For the purposes of this agreement, the Calhoun County Museum will be designated as the Museum, and Southwest Museum Services will be designated as Southwest. II. The Work to be Done, By the terms of this agreement and working through the Museum, Southwest will fabricate and install the LaSalle Odyssey exhibits to be located in the Calhoun County Museum. III. Consideration. The consideration for both phases of the work to be done under the terms of this agreement to be paid by the Museum to Southwest is $75, I 00 as per the attached schedule of values, IV, Phases, The work to be done under the terms of this agreement will be completed in two phases. These two phases are as follows: A Phase One will be the fabrication phase, Upon approval by the Museum of all Design Drawings completed by Southwest under previous agreement, Southwest will begin fabrication of the exlnbits, B. Phase Two will be the installation phase, Upon completion of fabrication of all exhibit components Southwest will install the exhibits, This phase will be substantially complete by the date stated below, but museum punch may be executed afterward. V, Time Schedule for Comoletion of All Exhibit Phases, A. Phase One, ----- June 13, 2003 B. Phase Two, ----- August I, 2003 VI. Detail of Museum Review, At various times during the fabrication phase, Southwest may ask the Museum to come to Southwest's Houston facility to review and approve the work as being consistent with the design drawings or as representing appropriate minor modifications by Southwest as required by Southwest, VII. Schedule ofPavments, As a pm ofthis agreement, a schedule of values is included that details the costs of both phases as well as the estimated date of completion ofthe phases. Also included in the Schedule of Values will be the dates by which Southwest estimates that the tasks detailed within the phases will be completed, Invoices may be sent by Southwest upon the completion of tasks within the phases as progress payments even if the phase is not yet complete '126 e e e e e e in totaL Failure of the Museum to provide infonnation or materials required for completion of various parts may delay final completion of the work discussed in this agreement VIII. Work to be Comoleted bv the Museum, During the two phases ofthis agreement, the Museum will assist Southwest in the following areas and will perform the following tasks: A. The Museum will provide all artifacts ready to install, B. The Museum will ensure that site conditions facilitate a reasonable installation process including but not limited to the following. The Museum will provide for continuous site access, security, and construction material disposal, IX, Date bv Which Work is to be Comoleted, All work will be completed by Southwest as provided in Paragraph V" above, with the following provisions: A, All payments must be made by the Museum in a timely manner after billing, B. Review sessions, when required, are to be completed in a timely manner, C. If for any reason any work is in progress in the building by any persons whose work is wrrelated to Southwest that work must be completed by the time Southwest is ready to begin installation, If that work performed by persons other than Southwest is not complete when Southwest's installation is scheduled to begin, the installation by Southwest will be extended by an amount oftime equal to the delay, X, Remedies of Parties, In the event that either the Museum or Southwest is displeased with any facet of work or performance by the other party, either the Museum or Southwest has the option oftenninating the contract The procedure for this is as follows: A. The party that has a grievance will first notifY the other party with a registered letter detailing the problem(s), B. The party that receives the letter will have four weeks from the date ofthe letter to respond and offer a solution. C. If the proposed solution is satisfactory to the other party, the problem must be corrected within two weeks, D, If the solution is unsatisfactory, or if; at the end of two weeks, the issue has not been resolved, the aggrieved party has the option of unilaterally canceling this agreement. E, If the agreement is canceled, any monies due from one party to the other must be paid promptly, XL Spokesmen for the Museum and for Southwest. Both the Museum and Southwest shall appoint one person who will be the authorized agent and who can speak for their organization. XII. Completion of the Agreement. The terms of this agreement shall be considered to be complete after the exhibit is installed and the Museum provides final approvaL Any work 427 required after final approval shall be considered as separate billings, and the Museum shall not withhold payment from Southwest for the full amount of the contract. XIII, Legal Jurisdiction, Any litigation must be filed and based in Houston, Harris County, Texas, XIV. Signatories to the Agreement The following persons declare by their signatures that they are legally empowered to sign this agreement for the Museum and Southwest, respectively, and they by their signatures approve all of the elements of this agreement. Completed on this the 19th day of March., 2003, For Southwest Museum Services George Anne Cormier, Calhoun COUllty Museum Witness: Witness: '-128 e e e e .;. N ct> e e La Salle Odyssey-The Calhoun County Museum T I I I I I '0 ' 0 I PHASE ONE: PRODUCTION APRil MAY JUNE JULY AUGUST 1. GraDhic Panel Fabrication 1.1 Gra hIe Production 17,000 10,000 7,000 1.2 Gra hicLaminatinn 4,000 4,000 " Gra hicMounlina 4,000 4,000 14 Exhibit Text & Artifact Labels 2,000 2,000 27,000 2. Casework Fabrication 21 Kiosk 6,000 2.000 2,000 2,000 22 Cases 4, 5, & 6 17 ,000 7,000 7,000 3,000 23 Graohic SurroundNitrines #2 & 3 6.000 2,OQO 2,000 2,000 24 Graphic SurroundNitrines #8 4,000 1.500 1,500 1.000 25 Intra Graphic Surround 2,400 1,000 1,000 400 35,400 PHASE TWO: INST AlLA TION 3. Installation 3.1 Shipping 2,400 2.400 32 Installation 5,600 3,000 2.600 3.3 Artifact Installation 2.700 700 2,000 " Punch 2,000 2,000 12700 TOTAL FABRICATION AND INSTALLATION 76,100 215,500 28,500 14,600 4,600 _-,~ Note: No artchjleclual treatments, fixtures or services of an kind such as f1oorina, wall oaint, electrical work, or ceiling TIahtina svstems are here included. EXTENSION SERVICE AND EMERGENCY MANAGEMENT - SURPLUS/SALVAGE A Motion was made by Commissioner Finster and seconded by Commissioner Balajka that the following items at Extension Service Office and Emergency Management Office be declared surplus/salvage. Calhoun county Extension Service Office: Asset #665-0042-HP Fax 900 Ink Jet 270 Printer Asset #665-0030-1 Hon Executive High Back Desk Chair (Blue) Portable Microphone Speaker - Not in Inventory listing Hole Puncher - Not in Inventory listing 3-Hole Puncher - Not in Inventory listing Kodak Slide Carousel 850H-Not in Inventory listing Calhoun County Emergency Management Asset #406-0058-T,I. Microlaser Plus PSI7 Printer SiN 9139720326 (broken) Asset #406-0066-Microlaser Turbo-Computer upgrade for Printer (installed in above noted printer) Asset #406-0065-Tripplite Uninterrupted Power Supply Systems (broken) In discussion, Commissioner Balajka asked what happens to items declared surplus/salvage, Commissioner Finster said the correct stylish should be used - salvage, it does not matter what happens to the items; surplus, it does. Commissioner Balajka said that would be satisfactory if the item were transferred to another department or worthwhile cause. He felt the Court was doing this more and more and he did not want a precedent that says, "Once a commissioner does it, I can take it home." Commissioner Floyd said if he has something to throwaway that is not on his inventory list, he does not bring it before the Court; if it is on the list, he does. Cindy Mueller, with the Auditor's Office said anything on the inventory list has to be removed by the Court. Commissioner Floyd said the Court needs to decide if we list all things and bring them before the Court or if we only bring for Court action those things on the inventory. Commissioner Finster said that is the reason the value of the item concerned was raised to $1000; we were getting so many little things and couldn't keep track of them. Commissioner Floyd raised another question: should we say "surplus/salvage?" Commissioner Finster said the reason that was brought up is if you couldn't put something in the auction or it didn't sell in the auction, it could be trashed, Commissioners Floyd and Balajka questioned where the items were going, Commissioners Floyd said if he states it is surplus, someone else can use it - the auction or another department. If salvage, it is thrown in the trash. Commissioner Balajka said items declared su~lus could be taken to Precinct #1 barn site and stored untl1 the Chamber of Commerce auction. e e The Court clarification was: If it is not on the inventory list, you don't need to bring it before the Court. Vote on the Motion: Commissioners Galvan, BaIajka, Floyd, Finster and Judge Pfeifer all voted in favor, CALHOUN COUNTY COURTHOUSE RRNOVATION AND NEW JAIL CONSTRUCfION - PROPOSALS TO BE SHORT-LISTED This agenda item was passed to May 8, 2003 as it was decided this was not an emergency as posted on the agenda, It BIDS AND PROPOSALS - VEHICLES FOR SHERIFF I S DEPARTMENT This agenda item was passed to May 8, 2003 as it was decided this was not an emergency as posted on the agenda, 430 EXECUTIVE SESSION - DEFINE POTENTIAL PROPERTY REOUIREMENTS AND AVAILABILITY FOR CONSTRUCTION OF A NEW JAIL e The Court, being in open session, in compliance with the pertinent provisions of Section 551, Subchapter D of the Vernon's Texas Code Annotated, Government Code, the County Judge, as presiding officer, publicly announced at 11:50 A,M. that a closed session would now be held under Sec, 551.072 to deliberate the purchase, exchange, lease or value or real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third party, Define potential property requirements and availability for construction of a new jail, The Judge further publicly announced that before any final action, decision or vote is made regarding the subject matter of the closed session, the meeting will be reopened to the public. The Court then went into closed session, At the end of the closed session the meeting was reopened to the public at 11:51 A.M. No action was taken by the Court, EXECUTIVE SESSION - CONSULT WITH ATI'ORNEY REGARDING DRAINAGE AT BIG CHOCOLATE CREEK e The Court, being in open session, in compliance with the pertinent provisions of Sec, 551 of the Vernon's Texas Code Annotated, Government Code, the County Judge, as presiding officer, publicly announced at 11:51 A.M. that a closed session would now be held under the provisions of Sec. 551,071 for private consultation between the governing body and its attorney when the governing body seeks the attorney's advice with respect to pending or contemplated litigation, Plan for action at Big Chocolate Creek regarding drainage. The County Judge further publicly announced that before any final action, decision or vote is made regarding the subject mattter of said closed session, this meeting will be reopened to the public. The Court then went into closed session, At the end of the closed session the meeting was reopened to the public at 12:07 P.M, A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd to retain Garner, Roberts & Roberts, LLP for legal services to research contemplated litigation regarding drainage in Calhoun County in conjunction with Calhoun County Drainage District #11 and Landowners and allocate up to $7500 for such research and litigation costs which amount represents 25% of a $30,000 litigation budget, the remaining cost be apportioned 50% to Drainage District #11 and 25% to the Landowners, Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor, EXTENSION SERVICE - JP #2 - DISTRICT CLERK REPORTS MONTHLY e The Extension Serivce, JP #2 and District Clerk presented their monthly reports for March, 2003 and after reading and verifying same, a Motion was made by Commissioner Balajka and seconded by Commissioner Finster that said reports be accepted as presented, Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. .1.31 BUDGET ADJUSTMKNTS - VARIOUS DEPARTMKNTS - COMMISSIONER PCI' #4 - PORT O'CONNOR COMMUNITY CENTER - MOLD REMEDIATION CAPITAL PROJECT A Motion was made by Commissioner Balajka and seconded by Commissioner Finster that the following Budget Adjustments be approved as presented. Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor, e BUDGET AMENDMENT REQUEST NO, ACCOUNT DEPARTMENT NAME EXTENSION SERVICE 1000-110-S1700 MEAL ALLOWANCE 24 REQUIRED BY PAYROLL 1000-110-S3020 GENERAL OFFICE SUPPLIES (24) HEAL TH DEPARTMENT 1000-350-53970 MEDICAUOTHER SUPPLIES 300 LINE ITEM TRANSFER 1000-3S0-53020 GENERAL OFFICE SUPPLIES (300) COUN7Y COURT-A T-LAW 1000-410-60050 ADULT ASSIGNED-ATTORNEY FEES 1.055 LINE ITEM TRANSFER e 1000-410-63380 LEGAL SERVICES-COURT APPOINTED (1,05S) JUVENILE COURT 1000-500-63070 JUVENILE ASSIGNED-ATTORNEY FEES 1.865 LINE ITEM TRANSFER 1000-500-63380 LEGAL SERVICES-COURT APPOINTED (1.865) ROAD & BRIDGE PCT ONE 1000-540-53992 SUPPLIES-MISCELLANEOUS 301 LINE ITEM TRANSFER 1000-540-73400 MACHINERY & EQUIPMENT 3,952 1000-540-53510 ROAD & BRIDGE SUPPLIES (4.253) ROAD & BRIOGE PCT FOUR 1000-570-73400 MACHINERY & EQUIPMENT 1,897 LINE ITEM TRANSFER 1000-570-53510 ROAD & BRIDGE SUPPLIES (1,897) CONSTABLE PCT THREE 1000-600-53020 GENERAL OFFICE SUPPLIES 11 LINE ITEM TRANSFER 1000-600-60332 AUTO ALLOWANCES (11) SHERIFF 1000-760-51620 ADDITIONAL PAY-REGULAR RATE 1.565 REQUIRED BY PAYROLL 1000-760-51610 OVERTIME (1.565) 1000-760-53992 SUPPLIES-MISCELLANEOUS 352 LINE ITEM TRANSFER 1000-760-66466 TRAVEL REIMB.-DEPUTIES 11 1000-760-S3430 LAW ENFORCEMENT SUPPLIES (363) Total for GENERAL FUND 0 e 432 e e e ~BUDGET AMENDMENT R~QUEaT~ To: Calhoun ~nty commissioners' Court From: rJJLf (Department making this request) Date: L{' n -03 ~ I request an amendment to the ~ 3 budget for the year) following line items in my department: GL l\ccoun't # ------------- 6~O-5?jJJ) :)riD -53510 !//7L14-j3.S/0 /17tf4 17~4ro Account Name ~fjjji~ AlI1endment AlI10unt ------------- ;500,- <SQQ ~/ ~m tf~r&f <~~~-? ,. Net change in total budget for this department is: other remarks/justification: $ ==- --=~=::--= Reason 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: . r- ~ "I . . Date posted to General Ledger account(s): ,133 434 BUDGET AMENDMENT REQUEST 3 TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: PORT O'CONNOR COMMUNITY CENTER DATE: 4/23/03 BUDGET FOR THE YEAR: 2003 NET CHANGE IN TOTAL BUDGET o lIIlI.llr"""'-- o e e e e e e tf BUDGET AMENDMENT REQUEST NET CHANGE IN TOTA~ BUDGET AMENDMENT AMOUNT 5,000 LINE ITEM TRANSFER (S.OOO) o o "l3r- 'J! 0 I e. e 1 ~~."- ~po\'+- + CALHOUN COUNTY, TEXAS &,; Unposted Budget Transactions - EXPEND.ADJUSTMENTS FOR 4124/03 ~' h{'~'2,) BUD289 - BUOOET ADJUSTMENTS FOR4/24f03 Fund Effective Cod, Date Fund Title Transaction Description DeptTitle GL Title Increase Decrease 1000 4/24/2003 GENERAL FUND REQUIRED BY PA YROLL EXTENStON SERVtCE MEAL ALLOWANCE 24.00 1000 4/24/2003 GENERAL FUND REQUIRED BY PAYROLL EXTENSiON SERVICE GENERAL OFFICE SUPPLIES 24.00 1000 4/24t2003 GENERAL FUND LINE ITEM TRANSFER HEALTH DEPARTMENT GENERAL OFFICE SUPPLIES 300.00 1000 4/2412003 GENERAL FUND UNE ITEM TRANSFER HEALTH DEPARTMENT MEDICAIJOTHER SUPPLIES 300.00 1000 4/2412003 GENERAL FUND LINE ITEM TRANSFER COUNTY COURT-AT-LAW ADULT 1,055.00 ASSIGNED,A ITORNEY FEES 1000 4/24/2003 GENERAL FUND LINE ITEM TRANSFER COUNTY COURT.A T-LA W LEGAL SERVICES.COURT 1,055.00 APPOINTED 1000 4/24/2003 GENERAL FUND LINE ITEM TRANSFER JUVENILE COURT JUVENlLE J ,865.00 ASSIGNED.AITORNEY FEES 1000 4/24/2003 GENERAL FUND UNE ITEM TRANSFER JUVENILE COURT LEGAL SERVICES..cOURT 1,865.00 APPOINTED 1000 4/24/2003 GENERAL FUND LINE ITEM TRANSFER ROAD AND ROAD & BRIDGE SUPPLIES 4,253.00 BRlDGE.PRECINCT # 1 100Q 4/24/2003 GENERAL FUND LINE ITEM TRANSFER ROAD AND SUPPUES.MISCELLANEOUS 301.00 BRIDGE-PRECINCT # 1 1000 4/24/2003 GENERAL FUND LINE ITEM TRANSFER ROAD AND MACHINERY AND 3.952.00 sRIDGE*PRECINCT # I EQUIPMENT 1000 4/24/2003 GENERAL FUND LINE ITEM TRANSFER ROAD AND GENERAL OFFICE SUPPLIES SOO.DO BRIDGE-PRECINCT #4 1000 4/24/2003 GENERAL FUND UNE ITEM TRANSFER ROAD AND ROAD & BRIDGE SUPPLIES 500.00 BRIDGE.PRECINCT #4 1000 4/24/2003 GENERAL FUND LJNE ITEM TRANSFER ROAD AND ROAD & BRIDGE SUPPLIES 1.897.00 BRIDGE-PRECINCT #4 1000 4/24/2003 GENERAL FUND LINE ITEM TRANSFER ROAD AND MACHINERY AND 1.897.00 BRIDGE-PRECINCT #4 EQUIPMENT 1000 4/24/2003 GENERAL FUND LINE ITEM TRANSFER CONSTABLE.PRECINCT #3 GENERAL OFFICE SUPP!1ES 11.00 1000 4/24/2003 GENERAL FUND LINE ITEM TRANSFER CaNST ABLE.PRECINCT #3 AUTO AllOWANCES II.OO 1000 4/2412003 GENERAL FUND REQUIRED BY PAYROLL SHERIFF OVERTIME 1.565.00 1000 4/24/2003 GENERAL FUND REQUIRED BY PAYROLL SHERIFF ADDITIONAL 1,56S.00 PAY.REGULAR RATE lOOQ 4/24/2003 GENERAL FUND LINE ITEM TRANSFER SHERIFF LAW ENFORCEMENT 363.OQ SUPPLIES 1000 4/24/2003 GENERAL FUND LINE ITEM TRANSFER SHERIFF SUPPLIES.MISCELLANEOUS 352.00 1000 4/24/2003 GENERAL FUND UNE ITEM TRANSFER SHERIFF TRAVEL 11.00 REIMBURSEMENT-DEPOT!... Total GENERAL FUND 11.833.00 II ,833.00 1000 2736 4/24/2003 POC COMMUNITY CENTER UNE ITEM TRANSFER NO DEPARTMENT CLEANING.P.O.C, 200.00 COMMUNITY CENTER r,[) ~ Dale:; 412310105,19:45 PM l'aac:l ~ .CALHOUN COUNTY, TEXAS Unf'Ollcd B~d~l TlUHCliOlll_ EXPEh"D.ADJUSl'MENTS FOR ~O3 BUD2i9. BUDOlIT ADJUSTMENTS FOR4Il4lO3 f~nd Etl:..:livo COO, D," flllldTillc TtllIU.CliooDa.cril'lioo DeptTitle GLTilill """'" """'" 2736 01/2412003 Foe COMMUNm' CENTER I..lNE ITEM TIV.NSFER NO DEPAR'IMENT lI!lUllES-l'OC 200.00 COMM1JNlr( """"" To", POC COMMUNm' CENTER 2736 100.00 100.00 ,,<< <4114/2003 ROADAND BRIDGBFUND I..lNIl rrnM TRANSFER PRECINCT f4 NO DEPARTMENT ROAD '" BRIDGB SUJ'I'LlE.S 2,000.00 ,,<< 4/2412003 R.OAD AND BRIDOE fll"ND LINE ITEM TRANSFER PRECINCT f4 NO DEP."Jl.TMENT MACHlNHRY AND 1.000.00 EQUlPMlll<!' TOI&I ROAD AND BRIDGE fll"ND e 17<< PRECINCT jU 2,000.00 2,000.00 $210 4/2412003 CAPITAL PIl.OJECTMOLD LINE l'TEM TRANSFER REMEDrATION NO DEPARlMENT MOIl) R.EMEDIATION 5,000.00 5210 ~f2412003 CAPITAL PROJECTMOLD LINE ITEM TIV.NSFER REMllDIA TION NODEPARIMENT tlIlIJflES 5,000.00 To", CAPITALPROJECTMOLD 5210 REMEDIATION 5.000.00 5,000.00 R.cpmTotaJ 19,033.00 19,033.00 GKNERAL DISCUSSION - ENTERPRISE ZONE MEETING e Judge Pfeifer said Commissioner Galvan and he attended an Enterprise Zone meeting in Austin last weeek. ACCOUNTS ALLOWED - COUNTY Claims totaling $335,015.40 were presented by the County Treasurer and after readin$ and verifying same, a Motion was made by Commissioner F~nster and seconded by Commissioner Bala~ka that said claims be approved for payment. Commiss~oners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. ACCOUNTS JlT.T'()WED - HOSPITAL INDIGENT HRALTHCARE Claims totaling $~02,470,53 for Hospital Indigent Healthcare were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Finster and seconded by Commissioner Galvan that said claims be approved for payment. Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. ACCOUNTS ALLOWED - HOSPITAL Claims totaling $1,333,293.61 for Hospital Operations were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Finster and seconded by Commissioner Floyd that said claims be approved tor payment. Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. THE COURT ADJOURNED AT 12:15 P.M. e 437