MINUTES

BE IT REMEMBERED, That on May 15, 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

CALL TO ORDER

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

INVOCATION AND PLEDGE OF ALLEGIANCE

Commissioner Armstrong 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 5/8/2023 and 5/15/2023

b.	Order for payroll ending 5/10/2023 bi-weekly #10

c.	Order for supplemental payroll period ending 5/10/2023 bi-weekly #10

d.	Internal audit report of the Friends for Life guardianship program for period of 10/1/2021 - 9/30/2022 with response letter from Sergio Cruz, Chief Financial Officer

Motion to approve consent agenda item 1d 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.	Internal audit quarterly audit report for the Sheriff's Office Tax Sale Division for period of 1/1/2023 - 3/31/2023

f.	Pursuant to Local Government Code 111.0106 certification of funds from TechShare Local Government Corporation

g.	Consideration for action to be taken with the Texas Comptroller of Public Accounts - Unclaimed Property Capital Credits for Counties

h.	Receive and file the FY2023 budget for Fund 2250, Law Enforcement Officer Standards and Education (LEOSE) Fund

*2.	Receive and file refund check list from Odyssey submitted by the County Clerk

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

*4.	Receive and file summary of bi-weekly personnel movements pay period #9, April 13 - 26, 2023 submitted by Human Resources

*5.	Receive and file Galveston County Community Supervision and Corrections Department financial statements and supplementary information with independent financial audit report for the year ended August 31, 2022 submitted by Adult Probation

*6.	Receive and file April 2023 personal bond monthly report submitted by Personal Bond/Collections

*7.	Consideration of approval of amendment to the interlocal agreement with the City of League City to provide congregate meal services submitted by Parks and Cultural Services

*8.	Consideration of approval of software maintenance for SSL Wildcard plus certificate for Galvestoncountytx.gov with SHI Govt Solutions submitted by Information Technology

*9.	Consideration of approval of DigiCert SSL multi-domain renewal with SHI Govt Solutions submitted by Information Technology

*10.	Consideration of approval of Cisco professional service to audit and configure ISE with Datavox submitted by Information Technology

*11.	Consideration of approval of change order #16 for O'Haver Contractors for Road & Bridge Project - 5115 Hwy 3 - Dickinson TX submitted by Facilities Department

*12.	Consideration of approval of change order #17 for O'Haver Contractors for Road & Bridge Project - 5115 Hwy 3 - Dickinson TX submitted by Facilities Department

*13.	Consideration of approval for acquisition of an additional spare vehicle submitted by the District Attorney

*14.	Consideration for authorization to cancel and re-solicit for RFP #B231012, HVAC & Refrigeration Services on behalf of the Facilities Department submitted by the Purchasing Agent

*15.	Consideration for authorization to issue formal solicitations for parking lot paint striping services and miscellaneous concrete services on behalf of Road and Bridge Department submitted by the Purchasing Agent

*16.	Consideration for authorization to issue formal solicitations for Algoa/Alta Loma culvert replacements on behalf of Engineering submitted by the Purchasing Agent

*17.	Consideration for authorization to extend the contract for ITB #B212027 Abatement of Junked Vehicles on behalf of the Sheriff's office submitted by the Purchasing Agent

*18.	Consideration for authorization to extend the contract for RFP #B202004, Inmate Heath Care Medical Services on behalf of the Sheriff's office submitted by the Purchasing Agent

*19.	Consideration for authorization to utilize cooperative purchasing agreement in lieu of competitive bidding requirements to purchase Telematics software on behalf of the Fleet/Road and Bridge Department submitted by the Purchasing Agent

*20.	Consideration for authorization to utilize cooperative purchasing agreement in lieu of competitive bidding requirements to purchase an application delivery controller F5 load balancer on behalf of Information Technology submitted by the Purchasing Agent

*21.	Consideration for authorization to utilize cooperative purchasing agreement in lieu of competitive bidding requirements to purchase F5 professional services for installation, configuration, and knowledge transfer on behalf of Information Technology submitted by the Purchasing Agent

*22.	Consideration for authorization to utilize cooperative purchasing agreement in lieu of competitive bidding requirements to replace the generator at the Eddie Barr Annex in Crystal Beach on behalf of the Facilities Department submitted by the Purchasing Agent

*23.	Consideration for authorization to utilize cooperative purchasing agreement in lieu of competitive bidding requirements to purchase 2WD Chevrolet Tahoes - marked on behalf of the Sheriff's office submitted by the Purchasing Agent

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

*25.	Consideration of authorization for escrow agreement between JMK Mall of the Mainland, LLC and Galveston County submitted by County Clerk

*26.	Consideration to authorize exclusive access easement between JMK5 Mall of the Mainland, LLC and Galveston County submitted by County Clerk

*27.	Consideration of authorization for reverse tax proration agreement between JMK5 Mall of the Mainland, LLC and Galveston County for County Clerk property located at Mall of the Mainland submitted by County Clerk

*28.	Consideration of authorization for affiliated business arrangement disclosure statement for purchase of County Clerk property located at Mall of the Mainland submitted by County Clerk

*29.	Consideration of approval of an interlocal agreement for transfer of health care supplies between Galveston County Health District and Galveston County submitted by Legal Services Manager

*30.	Consideration of approval of an exclusive broker agreement between Hopkins Properties, Inc. and Galveston County submitted by Legal Services Manager

*31.	Consideration of renewal of public official bond for Galveston County Auditor, Paul Randall Rice submitted by Legal Services Manager

*32.	Consideration of terminating Texas Association of Counties Risk Management Pool interlocal participation agreement submitted by Legal Services Manager

Motion to approve consent agenda item 32 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)

*33.

Consideration of release of lien for nuisance abatement lien at 3510 Tower Rd., Santa Fe, Texas, 77517 a/k/a Abst 613 I&G N RR SUR Sec 19 Lot 7, 8 & 9 (7-1) Beaver Unrecorded SUB submitted by Legal Services Manager and Nuisance Abatement (Filed in Real Property Records of County Clerk’s Office, having instrument File No. 2023023511.)

*34.	Consideration of authorization for County Judge to sign COVID-19 Testing & Mitigation Support for Confinement Facilities Program interlocal agreement through grant funds from the Texas Department of State Health Services as submitted by Professional Services

*35.	Consideration of approval for FY 2023 amendment #1 with Catholic Charities for the financial assistance contract submitted by Professional Services

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

a.	23-134-0515-A 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 36a 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)

b.	23-135-0515-B Professional Services - Request transfer from Self Insurance Fund - Unreserved Retained Earning to Facilities Services & Maintenance - Building Maintenance to fund repairs to the gate and fence damaged by a vehicle collision

c.	23-136-0515-C Information Technology - Request transfer within Information Technology from Technology Hardware to Subscription-Based IT Agreement to fund Carahsoft Technology professional services

d.	23-137-0515-D Professional Services - Request transfer from Self Insurance Fund - Claims Paid-Liability to Legal Department - Other Litigation Expenditures to fund settlement payment 19-CV-0027

e.	23-138-0515-E Professional Services - Request transfer within Self Insurance Reserve Fund from General Self Insurance - Claims Paid Liability & All Other Bonds to Public Official Bonds & Insurance to fund self insurance expenses for the remainder of FY 2023

f.	23-139-0515-F Professional Services - Request transfer from General Fund - Budgeted Reserves to Sheriff's Department - Administration - Vehicles & Vehicle Make Ready to fund vehicle purchases and modifications for Fiscal Year 2023

*37.	Consideration of authorizing the County Judge to execute the RESTORE Texas City Hurricane Protection Levee Repair Environmental Compliance Verification letter submitted by the County Engineer

*38.	Consideration of authorizing the County Judge to execute the Certificate of Construction Completion for the CDBG Jackson Ave Drainage Improvements project submitted by the County Engineer

*39.	Consideration of authorizing the County Judge to execute change order no. 3 to the Lucas Construction Co., Inc. contract for the Daniel Dror Avenue project submitted by the County Engineer

*40.	Consideration of authorizing the County Judge to execute change order no. 2 to the Lucas Construction Co., Inc. contract for the Jamaica Beach Street Improvements project submitted by the County Engineer

*41.	Consideration of amending plat "Gulf Shore Estates" submitted by Platting & Right-of-Way

*42.	Consideration of approval of Sea Joy subdivision plat submitted by Platting & Right-of-Way

*43.	Consideration of approval of application from J.B. Evans, Jr and Marilyn Evans for a partial replat of Bar-E-Bar Estates submitted by Platting & Right-of-Way

*44.	Consideration of approval of application from Troy LeBlanc and LeBlanc Investment Company, LLC for a partial replat of Emerald Beach Section Two (2) submitted by Platting & Right-of-Way

*45.	Consideration of approval of application from Marvin Gibbs and Blake Painter for a partial replat of Alta Loma Outlots submitted by Platting & Right-of-Way

*46.	Consideration of approval of application from Bunnie Meyer, Manager of Lazy Pelican RV Park, LLC for a partial replat of Bouse Addition 2 subdivision submitted by Platting & Right-of-Way

*47.	Consideration of approval of application from Carol L. Litchhult, Manager of CTL Solutions, LLC for a partial replat of Blue Water Addition Two (2) subdivision submitted by Platting & Right-of-Way

*48.	Consideration of approval of a purchase between the Galveston County Tax Office and Appraisal & Collection Technologies for Truth-in -Taxation 2023 software submitted by the Tax Assessor/Collector

Motion to approve consent agenda items 1 - 48 by County Judge Henry, seconded by Commissioner Giusti with the exception of item(s): 1d, 32,36a. (Agenda items 1d, 32 and 36a voted on separately.)

Passed: 5-0

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

Nay: (None)

ACTION AGENDA

49.	Purchasing

a.	Consideration for authorization to award the following:

1.	RFP #B231014, Video Conferencing Portion of the COVID-19 Confinement Facilities

Motion to approve by County Judge Henry, seconded by Commissioner Giusti that contract be awarded to Conference Technologies, Inc., as recommended.

Passed: 5-0

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

Nay: (None)

b.	Consideration of approval of awarding the following bid and authorizing the County Judge to execute the contract for the following:

1.	ITB #B232013, Electrical Services for Galveston County

Motion to approve by County Judge Henry, seconded by Commissioner Giusti that contract be awarded to Crescent Engineering Co. Inc. dba Crescent Electric, as requested.

Passed: 5-0

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

Nay: (None)

50.	Right of Way

a.	High Island Subdivision Section 3 replat

1.	Receive public comments

Public Hearing was opened at 9:40 A.M.

Public Hearing held.

No public comments.

Public Hearing was closed at 9:40 A.M.

2.	Consideration of approval of replat

Motion to approve by County Judge Henry, seconded by Commissioner Armstrong 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)

b.	Lot 6 Speed Road Addition replat

1.	Receive public comments

Public Hearing was opened at 9:41 A.M.

Public Hearing held.

No public comments.

Public Hearing was closed at 9:41 A.M.

2.	Consideration of approval of replat

Motion to approve by County Judge Henry, seconded by Commissioner Armstrong 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)

c.	Luna's Landing replat

1.	Receive public comments

Public Hearing was opened at 9:42 A.M.

Public Hearing held.

No public comments.

Public Hearing was closed at 9:42 A.M.

2.	Consideration of approval of replat

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)

d.	Driftwood Addition replat

1.	Receive public comments

Public Hearing was opened at 9:42 A.M.

Public Hearing held.

No public comments.

Public Hearing was closed at 9:43 A.M.

2.	Consideration of approval of replat

Motion to approve by County Judge Henry, seconded by Commissioner Armstrong 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.	Garnett Estates replat

1.	Receive public comments

Public Hearing was opened at 9:43 A.M.

Public Hearing held.

No public comments.

Public Hearing was closed at 9:43 A.M.

2.	Consideration of approval of replat

Motion to approve by County Judge Henry, seconded by Commissioner Apffel 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)

51.	General Counsel

a.	Break into Executive Session:

Break into Executive Session at 9:43 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.	Cause No. 14-cv-1112; Kimberly Sullivan vs. Galveston County Judge Mark Henry, et al., in the 212th Judicial District Court

2.	Cause No. 22-cv-61; Ledezma v. Wuneburger, et al., in the United States District Court for the Southern District of Texas

3.	Cause No. 3:23-cv-119; Alghuti v. United States Department of Justice, et al., in the United States District Court for the Southern District of Texas

4.	Cause No. 3:21-cv-98; Stevenson-Cotton et al. v. Galveston County, et al., in the United States District Court for the Southern District of Texas

5.	Cause No. 23-EV02-0281; Galveston County v. The Children’s Center Inc., in the Justice Court of Galveston County, Texas Precinct 2

c.	Reconvene into Special Meeting

Reconvene into Special Meeting at 10:12 A.M.

d.	Consideration of authorizing the County Judge to execute a waiver of conflicts in Cause No. 3:23-cv-119; Alghuti v. United States Department of Justice, et al., in the United States District Court for the Southern District of Texas

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)

ADJOURN

Commissioners Court adjourned at 10:13 A.M. on Monday, May 15, 2023.