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

February 11, 2019 – 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 2/4/19 and 2/11/19

b.	Order for payroll period ending 2/6/19 bi-weekly #4

c.	Order for supplemental payroll period ending 2/6/19 bi-weekly #4

d.	Monthly financial report for period ending 1/31/2019

e.	Certification of funds for interlocal agreement with City of Kemah: Bel Road Extension and Linear Drainage Ditch - Engineering Dept.

f.	Quarterly audit report for the Court Administration Office for period of Oct - Dec 2018

g.	Quarterly audit report for Justice of the Peace, Precinct 1 for period of Oct - Dec 2018

h.	Quarterly audit report for Justice of the Peace, Precinct 2 for period of Oct - Dec 2018

i.	Quarterly audit report for Justice of the Peace, Precinct 3 for period of Oct - Dec 2018

j.	Quarterly audit report for Justice of the Peace, Precinct 4 for period of Oct - Dec 2018

k.	Consideration of approval of the Pro-Rata Tobacco Settlement Distribution County Expenditure Statement 2019

*2.	Receive and file restitution check list from Odyssey submitted by Collections Improvement Program

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

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

*5.	Receive and file summary of bi-weekly personnel movements pay period #3, January 10 - 23, 2019 submitted by Human Resources

*6.	Consideration of approval of a resolution in support of Texas Department of Transportation to proceed forward with the building/expansion plans of the Grand Parkway in Galveston County submitted by Commissioner, Precinct 4

*7.	Consideration of approval of appointments to the H-GAC Technical Advisory Committee (TAC) submitted by the County Judge

*8.	Receive and file racial profiling report submitted by the Sheriff's Office

*9.	Receive and file application for federal assistance SF-424 for Dickinson Bayou Detention Pond - Drainage Project to be considered for Hazard Mitigation Grant Program (HMGP) funding through TDEM submitted by Professional Services

*10.	Receive and file application to dispose of oil and gas waste by injection into a formation not productive of oil and gas in field name Hitchcock (4600), Galveston County, field number 41677250 submitted by the County Clerk

*11.	Consideration of authorizing purchase and distribution of phase completion incentives for participants in the Galveston County Veterans Treatment Court program submitted by County Judge

*12.	Consideration of approval of amending the Commissioners Court adopted Legislative Agenda submitted by the County Jugde

*13.	Consideration of approval of the Galveston County Day at the Capitol Legislative Agenda submitted by the County Judge

*14.

Consideration of approval of granting a reduction of a permit fee (Facility Permitting Policy, Section 5.1.2 and 5.1.3) to Space City Cruisers Inc. for use of Walter Hall Park for their bi-annual car show on Saturday, April 11 & October 17, 2020 and two dates in 2021 TBD, submitted by the Parks & Cultural Services Department

*15.	Consideration of approval to renew the user group agreement with Santa Fe Little League for the use of Runge Park baseball fields submitted by the Parks & Cultural Services Department

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

*17.	Consideration of approval of a renewal contract with Data Preservation Solutions for STORM (Strategic Operations Recovery Management) disaster preparedness for land records, vital statistics and elections absentee ballot software submitted by the County Clerk

*18.	Receive and file 2019 eminent domain report with Texas Comptroller of Public Accounts and summary report as required by S.B. 1812 submitted by County Legal

*19.	Receive and file full and final property damage settlement recovery for the Sheriff’s Office in the amount of $2,215.20 submitted by County Legal

*20.	Consideration of approval of execution of an interlocal agreement with TxDot to provide uniformed, armed peace officers and equipment for law enforcement general surveillance and traffic control for the Ferry Landings submitted by County Legal on behalf of the Sheriff’s Office

*21.	Consideration of authorizing arbitrage consulting services contract with Arbitrage Compliance Specialists, Inc. as required under the 1986 Tax Reform Act submitted by County Legal

*22.	Consideration of approving professional services agreement with Perpetua Technologies, LLC for samariteam service to Galveston County and authorizing the County Judge to execute same submitted by County Legal on behalf of the Emergency Management

*23.	Consideration of approval of an interlocal cooperation agreement with Galveston County Emergency Communication District for shared Comcast connection for dispatch radio consoles at the Law Enforcement Building submitted by the Sheriff's Office

*24.	Consideration of approval for Citrix netscaler maintenance renewal with Citrix submitted by Information Technology

*25.	Consideration of approval for Overland Neo XL80 tape drive maintenance with SCW submitted by Information Technology

*26.	Consideration of approval to submit FY 2019 State Homeland Security Program grant application to the Office of the Governor - Homeland Security Division and authorize County Judge to sign required resolution as submitted by Grants Administration

*27.	Consideration of acceptance of FEMA PA Project Worksheet award for vehicles totaled during Hurricane Harvey from the Federal Emergency Management Administration (FEMA) as submitted by Grants Administration

*28.	Consideration of approval of a first amendment to an agreement (CM18048) associated with RFQ B181005 between Galveston County and Huitt Zollars submitted by Professional Services

*29.	Consideration of approval of a resolution authorizing grant-funded backfill pay under the Complex Coordinated Terrorist Attack Grant from the U.S. Department of Homeland Security and authorize County Judge to sign as submitted by Grants Administration

*30.	Consideration of approval to submit FY 2020 Criminal Justice Program grant application to the Office of the Governor - Criminal Justice Division and authorize County Judge to sign required resolution as submitted by Grants Administration

*31.	Consideration of approval of authorizing the County Judge to execute deception fraud loss supplementary application with The Hartford submitted by Professional Services

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

a.	19-076-0211-A Limited Tax Flood Control Refunding Bonds Series 2017 - Request transfer from Limited Tax Flood Control Refunding Bonds Series 2017 designated for Capital Projects account for Highland Bayou Slope Stability Project

b.	19-077-0211-B Galveston County Beach and Parks - Request reallocation from Galveston County Beach and Parks Beach Maintenance Vehicles account for the purchase of (2) two additional UTVs and transfer of remaining funds for the beach pavilion project

c.	19-078-0211-C Senior Citizens - Request transfer from General Fund Budgeted Reserves to Senior Citizens Other Contract Services account for the Galveston Senior Center

d.	19-079-0211-D Galveston County Beach and Parks - Request transfer from General Fund Budgeted Reserves to Galveston County Beach and Parks Fund for Bolivar Beach Pavilion project

e.	19-080-0211-E Unlimited Tax Road Refunding Bonds Series 2017A - Request additional budgeted funds per the Auditor's certified funds letter for Unlimited Tax Road Refunding Bonds Series 2017A Capital Projects account for Bel Road Project for the City of Kemah's portion of the project

f.	19-081-0211-F Parks - Request reallocation for Parks Vehicles account for the purchase of a one (1) ton Knapheide service body pick-up instead of the original 3/4 Knapheide service body pick-up

g.	19-082-0211-G Fleet Management - Request transfer from Fleet Management Vehicle Make Ready account to Nuisance Abatement Vehicles account for the purchase of an emergency light package and the HGAC purchase order fee

h.	19-083-0211-H Personal Bond - Request transfer from General Fund Budgeted Reserves to Personal Bond Salaries and Benefits from 22D to 28E to reflect the added functions and supervision levels

i.	19-084-0211-I General Government - Request transfer from General Fund Budgeted Reserves to General Government Soil/Water Conservation account for FY 2019

j.	19-085-0211-J County Court 1 - Request transfer from General Fund Budgeted Reserves to County Court 1 as the Local Administrative County Court Judge

k.	19-086-0211-K 122nd District Court - Request transfer from General Fund Budgeted Reserves to 122nd District Court as the Local Administrative County Court Judge

l.	19-087-0211-L Information Technology - Request transfer from Information Technology Vehicles account to Tax Assessor Collector Admin Vehicles account

m.	19-088-0211-M Sheriff's Department - Request transfer from General Fund Budgeted Reserves to Sheriff's Department - Communications Overtime account for additional overtime needed in FY 2019

n.	19-089-0211-N Parks Department - Request transfer from General Fund Budgeted Reserves to a Senior Recreation Specialist position in the Seniors Department from 16A to an 18G and request eliminating the Special Projects Manager position in the Parks Department

o.	19-090-0211-O Limited Tax Building Bonds Series 2017A - Request transfer from Limited Tax Building Bonds Series 2017A designated for Capital Projects account to Road and Bridge Facility Buildings account for pre-design services for new building

p.	18-185-0930-A Professional Services - Request transfer from General Fund Budget Reserves to cover expenditures in the Road and Bridge Fund for FY 2018

*33.	Received and file certification of completion of 2018 Continuing Education for Professional County Collector Certification achieved for 2018 submitted by the Tax Office

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

*35.	Consideration of approval of authorization to enter into an interlocal agreement for The Inter-local Purchasing System (TIPS) Purchasing Cooperative with Region 8 Education Service Center submitted by the Purchasing Agent

*36.	Consideration for authorization to extend the contracts on the following bids submitted by the Purchasing Agent:

a.	Bid #B182012, Aqua-Permethrin Insecticide

b.	Bid #B182013, Permethrin 31% & 66% Piperonyl Butoxide

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

*38.	Consideration for authorization to issue a formal solicitation for the Bayshore and Gregory Park Pavilions submitted by the Purchasing Agent

*39.	Consideration of approval of application from Rodney and Tracy Foreman and James Guidry, for a partial replat of Luttrell Subdivision submitted by Platting & Right-of-Way

*40.	Consideration of approval of Celestial subdivision plat submitted by Platting and Right-of-Way

*41.	Consideration of approval of funding and execution of HUD documents/settlement statements and disclosures for Gum Bayou Tributary Channel Improvements, Parcel 16, submitted by Right-of-Way

*42.	Consideration of approval of a professional engineering agreement with Raba Kistner for the 2017 Flood Control Bond project "Highland Bayou Slope Stability" submitted by the County Engineer

*43.	Consideration of approval to execute Angel Brothers Enterprises construction contract for the 2017 Road Bond project "Bel Road Extension and Linear Detention Ditch" submitted by the County Engineer

*44.	Consideration of approval of contracts for modernization and maintenance with Otis Elevator Company for Elevator Modernization submitted by Facilities

*45.	Consideration of approval for contract with Page Southerland Page, Inc. for pre-design services for building new Road & Bridge Facility submitted by Facilities

Action Agenda

46.	Commissioner, Precinct 3

a.	Consideration of approval of amendment of contract with The Goodman Corporation for the Pelican Island Bridge

47.	Purchasing

a.	Consideration of approval of awarding the following:

1.	Bid #B191023, Road & Bridge Equipment

48.	County Legal

a.	Break into Executive Session:

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.	2:19-CV-00040 Julieta Garibay et al v. David Whitley in his official capacity as Texas Secretary of State et al, in the United States District Court for the Southern District of Texas, Corpus Christi Division

2.	3:19-CV-00041 Move Texas Civic Fund et al v. David Whitley in his official capacity as Texas Secretary of State et al, in the United State District Court for the Southern District of Texas, Galveston Division

3.	RFP No. B181047, CDBG-Disaster Recovery Administration/Professional Services

4.	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

5.	Magistrate hearings and jail docket

6.	14-CV-1112, Kimberly Sullivan v. Galveston County Commissioners Court, Et Al, in the 212th Judicial District Court

7.	14-CV-1289, Bonnie Quiroga v. Galveston County, in the 212th Judicial District Court

8.	Rollover Pass condemnation proceeding

9.	17-CV-1500 Jimmie Manen v. Galveston County and Progressive County Mutual Insurance Company, in the 405th Judicial District Court

10.	3:18CV00183; Jacqueline Cortez-Burlingame, et al v Galveston County, et al; In The United States District Court For The Southern District of Texas, Galveston Division

11.	3:18CV00164; Denise Pope v City of Galveston, Texas, et al; In The United States District Court For The Southern District of Texas, Galveston Division

12.	19-CV-0027 Victoria Leach v. Jazzmine Chine, Et al, in the 122nd Judicial District Court

13.	Engagement of Carla Cotropia and the Mills Shirley law firm concerning employment matters

Executive Session: Texas Government Code, Section 551.072, Deliberation Regarding Real Property: 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 551.072 of the Texas Government Code, Deliberation Regarding Real Property: to deliberate the purchase, exchange, lease or value of real property because deliberation in an open meeting would have a detrimental effect on the position of Galveston County in negotiations with a third person relating to each of the following items:

1.	Lease and/or extension of lease for clinic operation

d.	Reconvene into Regularly Scheduled Meeting

e.	Consideration of authorizing counsel to proceed with strategy relating to 14-CV-1112, Kimberly Sullivan v. Galveston County Commissioners Court, Et Al, in the 212th Judicial District Court

f.	Consideration of authorizing the County Judge to execute a Letter of Intent with Vansomar, LLC for CareHere, LLC for office space located at the Plaza at Victory Lakes 1455 FM 646, Dickinson, Texas 77539

g.	Consideration of ratifying execution of an engagement letter with Carla Cotropia and the Mills Shirley law firm concerning employment matters that may arise from time to time at the direction of the County Judge or Commissioners Court

h.	Consideration of approval of release and settlement agreement re 17-CV-1500 Jimmie Manen v. Galveston County and Progressive County Mutual Insurance Company, in the 405th Judicial District Court

i.	Consideration of executing a contract between Galveston County and Aptim Environmental & Infrastructure, Inc., for administrative and professional services resulting from RFP B181047 submitted by Grants Administration

Adjourn

WORKSHOP AGENDA

1.	Discussion on hosting a household hazardous waste event for Galveston County

2.	Discussion of legislative priorities and update from Chad Wilbanks on the legislative agenda

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.

***