GALVESTON COUNTY, TEXAS

COMMISSIONERS COURT 722 Moody, County Courthouse, Galveston, TX 77550 (409) 766-2244

Mark Henry              Darrell Apffel                   Joe Giusti                                       Stephen Holmes                         Ken Clark

                    County Judge    Commissioner, Precinct 1    Commissioner, Precinct 2     Commissioner, Precinct 3     Commissioner, Precinct 4

AGENDA

November 5, 2018 – 9:30 AM

CONSENT AGENDA: ALL ITEMS MARKED WITH A SINGLE ASTERISK (*) ARE PART OF THE CONSENT AGENDA AND

REQUIRE NO DELIBERATION BY THE COMMISSIONERS COURT. ANY COMMISSIONERS COURT MEMBER MAY REMOVE AN

ITEM FROM THIS AGENDA TO BE CONSIDERED SEPARATELY. 

In accordance with the provisions of the Americans with Disabilities Act (ADA), persons in need of a special

accommodation to participate in this proceeding shall, within three (3) days prior to any proceeding contact the

County Judge’s office at 722 Moody, Galveston, Texas 77550 (409) 766-2244.

REGULARLY SCHEDULED MEETING

Call to Order

Invocation and Pledge of Allegiance

Consent Agenda

*1.	Submitted by the Auditor's Office:

a.	Approval of the accounts payable checks dated 10/29/18 and 11/5/18

b.	Order for payroll period ending 10/31/18 bi-weekly #23

c.	Order for supplemental payroll period ending 10/31/18 bi-weekly #23

d.	Internal audit report of the District Clerk's fee audit for period of 9/1/17 - 8/31/18 with response letter from Honorable John  D. Kinard, District Clerk dated 10/24/18

e.	Internal audit report of the Sheriff's Office Petty Cash Fund for period 8/1/17- 7/31/18 with response letter from Honorable Henry Trochesset, Sheriff dated 10/17/18

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

*3.	Receive and file refund check list from Odyssey submitted by the District Clerk

*4.	Receive and file summary of bi-weekly personnel movements pay period #22, October 4-17, 2018 submitted by Human Resources

*5.	Consideration of approval of awarding and accepting quote for services between Human Resources and NEOGOV submitted by Human Resources

*6.	Consideration of a resolution declaring National Adoption Day throughout Galveston County and honoring Galveston County Adoption Day Foundation submitted by County Legal on behalf of the District Clerk

*7.	Receive and file satisfactory ADA compliance review letter under Project Civic Access Settlement Agreement DJ #204-74-343 from U.S. Department of Justice Civil Rights Division submitted by County Legal

*8.	Receive and file statement of financial position for Galveston County Community Supervision and Corrections Department ending August 31, 2018 submitted by Adult Probation

*9.	Consideration of approval of reappointment to the Galveston County Emergency Communication (911) District submitted by the County Judge

*10.	Consideration of entering into individual agreement for magistrate services with magistrate appointed under the interlocal agreement between Galveston County and City of Hitchcock for magistration services submitted by the County Judge

*11.	Consideration of execution of continuing education agreement with College of the Mainland to use their firing range for Sheriff Deputies’ firearms qualification training submitted by the Sheriff

*12.	Consideration of approval for online training subscription with Pluralsight submitted by Information Technology

*13.	Consideration of approval for OneSolution remote service processing maintenance, monthly, with Superion submitted by Information Technology Services

*14.	Consideration of approval of a renewal contract between Galveston County and Thorn Run Partners for federal lobbying services submitted by Professional Services

*15.	Consideration of approval to submit letter to the Texas General Land Office with Galveston County's response to the Regional Housing Guidelines submitted by County Judge

*16.	Receive and file FY 2017 Justice Administration Grant (JAG) Grant award additional forms signed by County Judge as submitted by Professional Services

*17.	Consideration of acceptance of FY 2018 Justice Administration Grant (JAG) award from the U.S. Department of Justice and authorize County Judge to sign required documents as submitted by Professional Services

*18.	Consideration of acceptance of FY 2018 HGAC contract amendment for the senior meal and transportation program and authorize County Judge to sign required documents as submitted by Professional Services

*19.	Consideration of acceptance of FY 2018 Emergency Management Performance Grant (EMPG) from the Texas Department of Public Safety - Texas Division of Emergency Management and authorize County Judge to sign required documents as submitted by Professional Services

*20.	Consideration of acceptance of FY 2018 Urban Area Security Initiative (UASI) grant awards from the Office of the Governor - Homeland Security Division as submitted by Professional Services

*21.	Consideration of approval to submit FY 2019/2020 Veterans Treatment Court grant application to the Texas Veterans Commission as submitted by Professional Services

*22.	Consideration of approval for FY 2018 interlocal agreement with the City of Galveston for the FY 2018 Federal Justice Assistance Grant and authorize County Judge to sign agreement as submitted by Professional Services

*23.	Consideration of approval to submit FY 2019 formula grant application to the Texas Indigent Defense Commission and authorize County Judge to sign supporting resolution as submitted by Professional Services

*24.	Consideration of acceptance of FY 2018 Juvenile Mental Health Service grant supplemental award from the Houston-Galveston Area Council and authorize County Judge to sign required documents as submitted by Professional Services

*25.	Consideration of approval to submit 2019 NRA Foundation general grant application to the National Rifle Association and authorize County Judge to sign required documents as submitted by Professional Services

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

a.	19-028-1105-A Professional Services - Budget request to roll forward budgets for various departmental projects which were not completed in FY 2018 to FY 2019

b.	19-029-1105-B Various County Departments - Request transfer from Various Funds Budgeted Reserves to various departments for vehicles for FY 2019

c.	19-030-1105-C Information Technology - Request transfer from General Fund Budgeted- Reserves to Information Technology Extraordinary Supplies account for new positions for FY 2019

d.	19-031-1105-D Parks and Cultural Services - Request transfer from General Fund Budgeted Reserves to Gregory Park Other Capital Improvements for construction at ballfield at Gregory Park

e.	19-032-1105-E Facilities Services & Maintenance - Request transfer from General Fund Budgeted Reserves to Facilities Services and Maintenance for Crescent to install lighting at the Galveston County Museum

f.	19-033-1105-F County Legal - Request eliminating the vacant Senior Staff position in County Legal

g.	18-183-0930-A Professional Services - Request transfer from Various Fund Budgeted Reserves and departmental transfers for the transactions associated with FY 2018

*27.	Consideration of approval of cell phone request for Crisis Intervention Position in the District Attorney's Victim Service Unit (VOCA grant) submitted by Professional Services

*28.	Consideration of approval of authorizing the Purchasing Agent to advertise for bids for the clearing and de-snagging of Clear Creek submitted Commissioner Precinct 4

*29.	Consideration for authorization to issue the following formal solicitations for the Parks and Cultural Services Department submitted by the Purchasing Agent:

a.	New pavilions at Fort Travis Seashore Park and Lobit Park

b.	New restroom facilities at Lobit Park, Jack Brooks Park and Carbide Park

*30.	Consideration for authorization to utilize HGAC Cooperative Purchasing to procure two (2) 12 passenger transit wagons for the Juvenile Justice Department submitted by the Purchasing Agent

*31.	Consideration for authorization to re-solicit for Bid #B162005 Motor Fuels, Oils & Greases for the Road & Bridge Department submitted by the Purchasing Agent

*32.	Consideration for authorization to extend the contract for Bid #B182006, Reinforced Concrete Pipe for Culverts for the Road & Bridge Department submitted by the Purchasing Agent

*33.	Consideration for authorization to issue a formal solicitation for a Benefits Insurance Broker/Consultant on behalf of the Human Resources Department submitted by the Purchasing Agent

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

*35.	Consideration for authorization to cancel contract #CM18044, Healthcare Blue Book Agreement submitted by the Purchasing Agent

*36.	Consideration for authorization to purchase a subscription to SmartProcure, Inc. for the Purchasing Department submitted by the Purchasing Agent

*37.	Consideration for authorization to issue a formal solicitation for equipment for the Road & Bridge Department submitted by the Purchasing Agent

*38.	Receive and file sole source exemption for Tyler Technologies (Odyssey Software) maintenance for Galveston County submitted by the Purchasing Agent

*39.	Receive and file letters of support of TxDOT's application to Houston-Galveston Area Council Call for Projects funding FM 517 and SH 146 projects submitted by the County Engineer

*40.	Consideration of approval of an interlocal agreement between Galveston County and the City of League City for 2017 Road Bond projects Dickinson Ave and other road improvement projects submitted by the County Engineer

*41.	Consideration of authorizing the County Judge to sign the certificate of construction completion for the CDBG Cowart Creek Tributary Two project submitted by the County Engineer

*42.	Consideration of approval, funding and execution of HUD documents/settlement statements and disclosures (Parcel 4) for the Gum Bayou Tributary Channel Improvements project submitted by Right-of-Way

*43.	Consideration of approval, funding and execution of HUD documents/settlement statements and disclosures (Parcel 14) of the Gum Bayou Tributary Channel Improvements project submitted by Right-of-Way

*44.	Consideration of approval of application from Charles C. Jardina, president of Jardina Investments, Ron Bryant, partner R&D Partners and Donna J. Bryant, partner R&D Properties for a partial replat of Clifton-By-The-Sea subdivision submitted by Platting & Right-of-Way

*45.	Consideration of approval of application from Joseph D. Hammons, President, Correct Inc. Investments and Kamran Ross, President, Phoenix Real Estate Growth, LLC for a partial replat of Block 12, San Leon Farm Home Tracts submitted by Platting & Right-of-Way

*46.

Consideration of application from Brian J Riener and Jasmine R Riener for permission to convey portions of Outlot 494 and 495 of Alta Loma by metes & bounds without revising the plat in accordance with Sec. 232.101. of the Local Government Code Chapter 232 (Subchapter A) and Sec 232.0015 (Subchapter E) whereas a lot is sold, given or otherwise transferred to an individual who is related to the owner within the third degree by consanguinity or affinity submitted by Right-of-Way Agent

*47.	Consideration of approval of application from Layne & Cynthia Walker for permission to convey portions of Lots 13 thru 18, Port Bolivar Townsite by metes and bounds without revising the plat in accordance with Sec. 232.010 of the Local Government Code submitted by Platting & Right-of-Way

*48.	Consideration of approval of application from Fifty Stars Investments, President Fred Lyttle, the Margie and Jimmy Baker Living Trust, Jimmy Baker, Trustee, Robert Fulmer and Dalinda Fulmer for a partial replat of Clifton-By-The-Sea subdivision submitted by Platting & Right-of-Way

*49.	Consideration of approval for the accelerated forgiveness of a promissory note for Round 2 CDBG Hurricane Ike Housing submitted by Housing

*50.	Receive and file fully executed amendment #1 for contract number 1500012085 between Galveston County and the Texas Water Development Board submitted by Professional Services

*51.	Consideration of approving agreement for administrative services for Flood Mitigation Assistance Program Administrator Services, resultant contract in RFP No. B181040, with Providence Technical Services, LLC and authorizing the County Judge to execute same submitted by Professional Services

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

Action Agenda

53.	Commissioner, Precinct 3

a.	Consideration of approval of Health Plan & CareHere options FY19

54.	Purchasing

a.	Consideration of approval of awarding the following:

1.	RFP #B181015, Galveston County Courthouse Elevator Modernization

2.	RFP #B182009, Benefits, Classification & Compensation Study

55.	County Legal

a.	Break into Executive Session:

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.	ACLU lawsuit - 3:18-CV-00104, Aaron Booth, on behalf of himself and all others similarly situated v. Galveston County, et. al., a Class Action in the United States District Court for the Southern District of Texas, Galveston Division

2.	Magistrate hearings and jail docket

3.	In Re: National Opiate Litigation-1:17-MD-2804, in the United States District Court for the Northern District of Ohio, Eastern Division

4.	14-CV-1112, Kimberly Sullivan v. Galveston County Commissioners Court, Et Al, in the 212th Judicial District Court

5.	Rollover Pass closure

6.	Insurance and indemnity provisions for inmate health services contract

7.	Project Civic Access Settlement Agreement DJ # 204-74-343, The United States of America and Galveston County, Texas under the Americans with Disabilities Act

8.	Galveston County Dune Protection & Beach Access Plan

9.	17-CV-0403; Lyle Messinger v. Caroline Tondre, et al; In the 10th Judicial District Court of Galveston County, Texas

c.

Executive Session: Texas Government Code Section 551.074, Personnel Matters: the Commissioners Court will enter into executive session as permitted under the Open Meetings Act, Chapter 551 of the Texas Government Code, pursuant to Section 551.074 of the Texas Government Code, Personnel Matters: to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, respectively:

1.	Director of County Legal Department

2.	Director of Facilities

d.

Executive Session: Texas Government Code Section 551.072, Deliberations about Real Property: 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 551.072 of the Government Code, to deliberate the purchase, exchange, lease, or value of real property located in the drainage of Dickinson Bayou in the vicinity of FM 517 and Cemetery Road for use as flood water detention.

e.	Reconvene into Regularly Scheduled Meeting

f.	Consideration of authorizing the County Legal Department to settle the County’s subrogation claim regarding Cause No. 17-CV-0403; Lyle Messinger v. Caroline Tondre, et al; In the 10th Judicial District Court of Galveston County, Texas

g.	Consideration of changes to the Law Enforcement Career Path Program

h.	Consideration of responding to counsel’s recommendations concerning venue for opiate litigation brought by the County

Adjourn

Appearances before Commissioners Court

A speaker whose subject matter as submitted relates to an identifiable item of business on this agenda will be requested by the County Judge or other presiding court members to come to the podium where they will be limited to three minutes (3). A speaker whose subject matter as submitted does not relate to an identifiable item of business on this agenda will be limited to three minutes (3) and will be allowed to speak before the meeting is adjourned. Please arrive prior to the meeting and sign in with the County Clerk.   

Executive Sessions

The Galveston County Commissioners Court may recess into closed meeting (Executive Session) on any item listed on this agenda if the Executive Session is authorized under the Open Meetings Act pursuant to one or more the following exceptions:  Tex. Gov’t Code §§ 551.071 (consultation with attorney), 551.072 (deliberation regarding real property), 551.073 (deliberation regarding a prospective gift or donation), 551.074 (personnel matters), 551.0745 (personnel matters affecting County advisory body), 551.076 (deliberation regarding security devices or security audits),  and/or 551.087 (deliberations regarding economic development negotiations).  The Presiding Officer of the Commissioners Court shall announce the basis for the Executive Session prior to recessing into Executive Session.  However, the Commissioners Court may only enter into the Executive Session on any agenda item for which a separate Executive Session has not been separately posted if, prior to conducting the Executive Session, a majority of the Commissioners Court votes to go into Executive Session.  This motion requirement does not apply to any agenda item that has been previously noticed to constitute or include an Executive Session.

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