MINUTES

 

 

BE IT REMEMBERED, That on April 17, 2023, Commissioners Court of Galveston County, Texas, met at a special meeting with the following present:

 

 Mark Henry, County Judge

 

 Darrell A. Apffel, Commissioner Precinct 1

 

 Joe Giusti, Commissioner Precinct 2

 

 Stephen D. Holmes, Commissioner Precinct 3

 

 Robin Armstrong, MD, Commissioner Precinct 4

 

 Dwight D. Sullivan, County Clerk by Renee H. Edgar, Deputy

 

CALL TO ORDER

 

Call to Order by Judge Henry at 9:30 A.M. at the Calder Annex.

 

INVOCATION AND PLEDGE OF ALLEGIANCE

 

Commissioner Giusti led the Court in the Pledge of Allegiance.

The Invocation was given by Commissioner Holmes.

 

PUBLIC COMMENT

 

No public comment.

 

CONSENT AGENDA

 

*1.

Submitted by the Auditor's Office:

 

a.

Approval of the accounts payable checks dated 4/10/2023 and 4/17/2023

 

b.

Order for payroll ending 4/12/2023 bi-weekly #8

 

c.

Order for supplemental payroll period ending 4/12/2023 bi-weekly #8

 

d.

Internal audit report of The Children's Center for period of 10/1/2021 - 9/30/2022 with response letter from Chief Financial Officer, Sergio Cruz, dated 3/29/2023

 

e.

Internal audit report of the Sheriff's Office Petty Cash Fund for period of 3/1/2021 - 2/28/2023 with response letter from Honorable Henry Trochesset, dated 4/10/2023

 

f.

Monthly financial report for the period ending 3/31/2023

 

g.

Quarterly audit report for the Juvenile Justice Department for period of January 2023 - March 2023

 

h.

Quarterly audit report for the Department of Mosquito Control for period of January 2023 - March 2023

 

*2.

Receive and file restitution check list from Odyssey submitted by Personal Bond/Collections

 

*3.

Receive and file summary of bi-weekly personnel movements pay period #7, March 16 - 29, 2023 submitted by Human Resources

 

*4.

Consideration of approval to require all current and future County employees and officials to complete an FBI fingerprint background clearance in order to work at the County and comply with the CJIS System Access Policy requirements and general County employment practices as submitted by Human Resources and Galveston County Sheriff’s office

 

Motion to approve consent agenda item 4 only by Commissioner Giusti, seconded by County Judge Henry.

 

Passed: 4-1

 

Aye: County Judge Henry, Commissioner Apffel, Commissioner Giusti, Commissioner Holmes

Nay: Commissioner Armstrong

 

*5.

Receive and file March 2023 collections and personal bond monthly report submitted by Personal Bond/Collections

 

*6.

Consideration of a resolution designating the week of April 30-May 7, 2023 as Soil and Water Stewardship Week submitted by Commissioner, Precinct 2

 

*7.

Consideration of approving a resolution naming April as Fair Housing Month submitted by Commissioner, Precinct 2

 

*8.

Consideration of authorization for the County Judge to sign price and layout verification via Docusign for the installation of the concrete slab and UTV shed for the Bolivar Beach Sticker Program with McElroy Family Enterprises submitted by Parks & Cultural Services

 

*9.

Consideration of approval of an interlocal agreement for the management of Estes Park with Bacliff MUD submitted by Commissioner, Precinct 1

 

*10.

Consideration of approving the updated space allocation plan for 2023 submitted by Facilities

 

*11.

Consideration of approval of amendment #1 for Page Southernland Page for architectural engineering and project management services for Road & Bridge Project submitted by Facilities

 

*12.

Consideration of approval of change order #7 with Sovereign dba Construction LTD for revisions based on HVAC structural changes for Medical Examiners Project - 1205 Oak Street - La Marque TX submitted by Facilities

 

*13.

Consideration of approval of OneSolution remote service processing annual maintenance renewal with CentralSquare Technologies LLC submitted by Information Technology

 

*14.

Consideration of approval of an annual subscription to electronically modify and collaborate permit documents with OpenGov with Print O Stat Inc. submitted by Information Technology

 

*15.

Consideration of approval of change order to add additional decoders, cables, and distribution amp per courtroom with Conference Technologies Inc. submitted by Information Technology

 

*16.

Consideration for authorization to extend the contract for ITB #B222027, Altosid Liquid Larvicide 5% & 20% on behalf of the Mosquito Control Department submitted by the Purchasing Agent

 

*17.

Consideration for authorization to cancel and re-solicit for ITB #B232014 Lightweight Aggregate Road Materials on behalf of the Road and Bridge Department submitted by the Purchasing Agent

 

*18.

Consideration for authorization to dispose of salvage or surplus property submitted by the Purchasing Agent

 

*19.

Consideration for authorization to extend the contract for ITB #B222031 Vacuum Services for Road and Bridge Department submitted by the Purchasing Agent

 

*20.

Consideration for authorization to extend the contract for ITB #B222030, Road Signs & Materials on behalf of the Road & Bridge Department submitted by the Purchasing Agent

 

*21.

Consideration for authorization to issue formal qualifications for the following projects on behalf of the Engineering Department submitted by the Purchasing Agent:

 

a.

Engineering services for the design of repairs to the San Luis Pass Bridge

 

b.

Engineering services for the preparation of an engineering study prioritizing mobility and drainage projects

 

*22.

Consideration of authorization for County Judge to contract with Huitt-Zollars for Texas General Land Office Coastal Management Program grant project as submitted by Professional Services

 

*23.

Consideration of approval for FY 2024 Auto Crimes Task Force grant renewal resolution to be submitted to the Texas Motor Vehicle Crime Prevention Authority as submitted by Professional Services

 

*24.

Consideration of acceptance of FEMA-COVID-19 Testing disaster reimbursement award from the Federal Emergency Management Administration as submitted by Professional Services

 

*25.

Consideration of approval to designate Senate Bill 7 funds associated with Hurricane Harvey Hazard Mitigation Grant Program Elevation to program homeowners to assist in meeting the required 25% match as submitted by Professional Services

 

*26.

Consideration of authorization for County Judge to sign Boating Access Grant adjusted award document for the Boating Access Grant from the Texas Parks and Wildlife Department as submitted by Professional Services

 

*27.

Ratification of submission of 2024 UASI Community Preparedness grant applications to the Office of the Governor - Homeland Security Division as submitted by Professional Services

 

*28.

Ratification of submission of 2024 UASI Regional Planner grant applications to the Office of the Governor - Homeland Security Division as submitted by Professional Services

 

*29.

Ratification of submission of 2024 UASI Maintenance and Administration grant applications to the Office of the Governor - Homeland Security Division as submitted by Professional Services

 

*30.

Consideration of approval of an engagement letter with Pattillo, Brown Hill, LLP. for annual auditing services submitted by Professional Services

 

*31.

Consideration of approval to release bond no. 019054375 in the amount of $100,000.00 in association with Texas City Hurricane Levee permit no. TCSW-21-372 issued to Florida Gas Transmission Company, LLC submitted by the County Engineer

 

*32.

Consideration of approval of Power Road Addition subdivision plat submitted by Platting & Right-of-Way

 

*33.

Consideration of approval of application from Clint Byrom for a variance of Lot 10 Block 4, Holiday Shores subdivision, allowing structure to encroach building line setback submitted by Platting & Right-of-Way (Filed in Real Property Records of County Clerk’s Office, having instrument File No. 2023017258.)

 

*34.

Consideration of approval of application from Audrey Elaine Faust and Debora Ann Faust Fox, co-independent executrix for Rosa Etta Faust for a partial replat of Algoa Suburbs submitted by Platting & Right-of-Way

 

*35.

Consideration of approval of application from Steve A. Sosa and Susan M. Quach for a partial replat of Beach Blessing Way subdivision submitted by Platting & Right-of-Way

 

*36.

Consideration of adoption of an order with respect to Waste Management, Inc., Project and authorizing the County Judge to execute certificates approving the order and public hearing submitted by Legal Services Manager

 

*37.

Consideration of approval of contract for legal services with Howry Breen & Herman LLP and Galveston County submitted by Legal Services Manager

 

*38.

Consideration of approval of the following budget amendments submitted by Professional Services:

 

a.

23-119-0417-A
Constable Precinct 4 - Request transfer from General Fund - Budgeted Reserves to Constable Precinct 4 - Software Licensing and Maintenance to fund the purchase of drone flight software license

 

Motion to approve consent agenda item 38a only by County Judge Henry, seconded by Commissioner Giusti.

 

Passed: 4-1

 

Aye: County Judge Henry, Commissioner Apffel, Commissioner Giusti, Commissioner Armstrong

Nay: Commissioner Holmes

 

b.

23-120-0417-B
Mosquito Control District - Request transfer within Mosquito Control District from Maintenance and Repairs Equipment to Equipment to fund the replacement of the aircraft airborne wind detector

 

c.

23-121-0417-C
Facilities Services - Request transfer within Facilities Services & Maintenance from Building Maintenance to Heavy Equipment to fund the purchase of John Deere lawn mowing equipment

 

d.

23-122-0417-D
General Government - Request transfer from General Fund - Budgeted Reserves to General Government - Contract Legal Services to fund redistricting litigations

 

Motion to approve consent agenda item 38d only by County Judge Henry, seconded by Commissioner Giusti.

 

Passed: 5-0

 

Aye: County Judge Henry, Commissioner Apffel, Commissioner Giusti, Commissioner Holmes, Commissioner Armstrong

Nay: (None)

 

e.

23-123-0417-E
Facilities Services - Request transfer within American Rescue Plan Stimulus from ARP AED Systems - Other Financial Assistance to Extraordinary Supplies to fund county-wide AED system replacements

 

f.

23-124-0417-F
Facilities Services - Request transfer from General Fund - Budgeted Reserves to Road and Bridge Facility - CIP Buildings to fund additional expenses for the road & bridge project

 

*39.

Consideration of request of tax refunds in excess of $2,500.00 submitted by the Tax Assessor/Collector

 

Motion to approve consent agenda items 1 - 39 by County Judge Henry, seconded by Commissioner Giusti with the exception of item(s): 4, 38a, 38d. (Agenda items 4, 38a and 38d voted on separately.)

 

Passed: 5-0

 

Aye: County Judge Henry, Commissioner Apffel, Commissioner Giusti, Commissioner Holmes, Commissioner Armstrong

Nay: (None)

 

ACTION AGENDA

 

40.

Purchasing

 

a.

Consideration of authorization to award the following:

 

1.

ITB #B231001, Sheriff's Office Vehicles

 

Motion to approve by Commissioner Giusti, seconded by County Judge Henry that contract be awarded to Caldwell Automotive Partners Dba Caldwell Country Chevrolet, as requested.

 

Passed: 5-0

 

Aye: County Judge Henry, Commissioner Apffel, Commissioner Giusti, Commissioner Holmes, Commissioner Armstrong

Nay: (None)

 

41.

General Counsel

 

a.

Break into Executive Session:

 

Break into Executive Session at 9:47 A.M.

 

b.

Executive Session: Texas Government Code Section 551.071, Consultation with Attorney: the Commissioners Court will enter into an executive session as permitted under the Texas Open Meetings Act, Chapter 551 of the Texas Government Code, pursuant to Section 551.071 of the Government Code to seek the advice of its attorney about pending or contemplated litigation, a settlement offer, or on a matter in which the duty of the attorney to the County under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Open Meetings Act relating to each of the following items:

 

1.

Contractual issues regarding employee benefits

 

2.

Claims against The Children’s Center, Inc.

 

3.

Boon Chapman Benefit Administrators Inc. v. County of Galveston, Cause No. 22-CV-0068 in the 56th Judicial District Court of Galveston County, Texas

 

c.

Reconvene into Special Meeting

 

Reconvene into Special Meeting at 11:18 A.M.

 

d.

Ratification of filing eviction proceedings against The Children’s Center, Inc.

 

Motion to approve by County Judge Henry, seconded by Commissioner Giusti that the above action be taken by the Court.

 

Passed: 5-0

 

Aye: County Judge Henry, Commissioner Apffel, Commissioner Giusti, Commissioner Holmes, Commissioner Armstrong

Nay: (None)

 

e.

Consideration of authorizing the County Judge to execute a settlement agreement in Boon Chapman Benefit Administrators Inc. v. County of Galveston, Cause No. 22-CV-0068 in the 56th Judicial District Court of Galveston County, Texas

 

Motion to approve by County Judge Henry, seconded by Commissioner Holmes that the above action be taken by the Court.

 

Passed: 5-0

 

Aye: County Judge Henry, Commissioner Apffel, Commissioner Giusti, Commissioner Holmes, Commissioner Armstrong

Nay: (None)

 

ADJOURN

 

Commissioners Court adjourned at 11:19 A.M. on Monday, April 17, 2023.