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

April 8, 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 4/1/19 and 4/8/19

 

b.

Order for payroll period ending 4/3/19 bi-weekly #8

 

c.

Order for supplemental payroll period ending 4/3/19 bi-weekly #8

 

d.

Monthly financial report for period ending 3/31/2019

 

e.

Early check release accounts payable check register dated 3/27/19 for Entergy Texas

 

*2.

Receive and file restitution check list from Odyssey submitted by Collection 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 #7, March 7 - 20, 2019 submitted by Human Resources

 

*6.

Consideration of approval of a Fair Housing Month proclamation set forth April 2019 submitted by Grants Department  

 

*7.

Consideration of a resolution designating the week of April 28-May 5, 2019 as Soil and Water Stewardship Week submitted by County Judge

 

*8.

Consideration of a resolution proclaiming April 7-13, 2019 as National Crime Victims’ Rights Week submitted by County Legal on behalf of the District Attorney

 

*9.

Consideration of a resolution welcoming the Texas Association of Specialty Courts to Galveston County for their annual conference to be held April 10-12, 2019 at the Galveston Island Convention Center submitted by Commissioner, Precinct 3

 

*10.

Consideration of approval of (re)appointment(s) to the United Board of Health submitted by County Judge

 

*11.

Consideration of approval of appointment to the Harris-Galveston Subsidence District submitted by Commissioner, Precinct 1

 

*12.

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, 2018 submitted by Adult Probation

 

*13.

Consideration of approval of a real estate broker agreement with Paul Hopkins, Jr. submitted by the County Judge

 

*14.

Consideration of approval of recommendation for approval and state/local use of forfeited vehicle for official use submitted by the Sheriff's Office (#51 previously approved on 2/25/19, re-submitted with revised account information)

 

*15.

Consideration of granting authority to County Judge to sign the resolution giving governmental approval for the aerial spraying for the abatement of mosquitoes within the regulations and constraints of The Federal Aviation Administration, the Environmental Protection Agency, and other authoritative federal and state agencies submitted by Mosquito Control

 

*16.

Consideration of a renewal agreement between Galveston County and Benjamin L. Davis to renew license agreement issued on October 19, 1992 and amended March 29, 2011 to use a portion of Seawall Right of Way submitted by County Legal

 

*17.

Consideration of approval of an order authorizing Galveston County to sell a 28 passenger bus that was purchased with funds donated to the County by Galveston County Senior Citizens Activities, Inc. and signing a waiver of the reversionary interest in the passenger bus for delivery of the sales proceeds to Galveston County Senior Citizen Activities, Inc. submitted by Commissioner, Precinct 3

 

*18.

Consideration of approval for the Cloud services agreement with Gov Connection (previously approved on the 12/17/18 agenda #16; subsequent contract included) submitted by Information Technology

 

*19.

Consideration of approval of a renewal contract with Stenograph LLC for software and maintenance for court reporter services submitted by County Court Administration

 

*20.

Consideration of approval of renewal contract with Advantage Software (Eclipse) submitted County Court Administration

 

*21.

Consideration of approval of the annual renewal of the software support contract with Multiforce Systems Corporation for Fuel Force Management submitted by Road and Bridge

 

*22.

Consideration of approving interlocal cooperation agreement by and between the City of Dickinson and the County of Galveston for repair of Pin Oak Drive from Gill Road to the end of the pavement area that is paved, which shall include reclaiming existing base in-place and providing hot mix paving on the city street in the incorporated limits of Dickinson submitted by Galveston County Road and Bridge Department

 

*23.

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

 

*24.

Request for waiver or refund of penalty and interest due to clerical errors submitted by the Tax Assessor/Collector

 

*25.

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

 

*26.

Consideration for authorization to issue a formal solicitation for mass notification services agreement on behalf of the Galveston County Office of the Emergency Management submitted by the Purchasing Agent

 

*27.

Consideration for authorization to cancel and rebid the Bid #B172010, Altosid Liquid Larvicide 5% & 20% submitted by the Purchasing Agent

 

*28.

Consideration for authorization to utilize cooperative purchasing program in lieu of formal bidding to procure the following items on behalf of Constable - Precinct 2 submitted by the Purchasing Agent

 

a.

Ballistic Helmets

 

*29.

Consideration for authorization to utilize discretionary exemption for emergency repairs for storm water pump on behalf of the Road & Bridge Department submitted by the Purchasing Agent

 

*30.

Consideration for authorization to enter into a purchasing agreement with OMNIA Partners Public Sector Cooperative Purchasing Program submitted by the Purchasing Agent

 

*31.

Consideration for authorization to extend the contract for RFP #B162011A, Laser Printing of County Tax Statements submitted by the Purchasing Agent

 

*32.

Consideration for authorization to cancel and rebid RFP #B191032, Enterprise Cellular Enhancement Distributed Antenna System (DAS) submitted by the Purchasing Agent

 

*33.

Consideration for authorization to utilize cooperative purchasing program to procure the following services for the Facilities Department submitted by the Purchasing Agent

 

a.

Investment Grade Audit

 

*34.

Consideration of approval of an interlocal agreement between Galveston County and City of Santa Fe for 2017 road bond projects submitted by the County Engineer

 

*35.

Consideration of approval of a Texas City Levee permit to the City of Texas City to replace existing asphalt walk with concrete walk from Skyline Drive to Tarpey Park submitted by the County Engineer

 

*36.

Consideration of approval of change order no 2 to the McDonald Electric contract for the San Leon MUD Motor Control Center contract submitted by the County Engineer

 

*37.

Consideration of approval of authorization for County Judge to sign environmental assessment checklist for the CDBG Round 1 project "Galveston County Jail Water Lines" submitted by the County Engineer

 

*38.

Consideration of authorization for the County Judge to sign affidavit of posting for the CDBG Round 1 project "Willow Bayou/Ave L Drainage" submitted by the County Engineer

 

*39.

Consideration of authorization for the County Judge to sign request for release of funds and certification for the CDBG Round 1 project "Willow Bayou/Ave L Drainage" submitted by the County Engineer

 

*40.

Consideration of cancelling change order no. 4 to the Reddico Construction Company, Inc. contract for the Highland Bayou Main Lateral Drainage Improvements previously approved on March 11, 2019 submitted by the County Engineer

 

*41.

Consideration of approval of change order no. 3 to the Reddico Construction Company, Inc contract to the Highland Bayou Main Lateral Drainage Improvements project submitted by the County Engineer

 

*42.

Receive and file executed road permit granting landowner to fence off northern end of 6th Street and 600 block of Ave A and adjacent alley in San Leon for the San Leon Oyster Fest submitted by Platting and Right-of-Way

 

*43.

Consideration of approval of the Woven Metal Products and Charlie Baker Property subdivision plat submitted by Platting and Right-of-Way

 

*44.

Consideration of approval for the County Judge to sign a letter of withdrawal removing Gum Bayou Detention and Willow Bayou Drainage projects from the County's TDEM application submitted by Grants Administration

 

*45.

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

 

a.

19-109-0408-A
Mosquito Control District - Request transfer from Mosquito Control District Building Maintenance account to Mosquito Control District Extraordinary Supplies account for the purchase of a refrigerator

 

b.

19-110-0408-B
Mosquito Control District - Request transfer from Mosquito Control District Maintenance and Repairs Equipment account to Mosquito Control District Travel and Conference account for training associated with the Ag-Nav system

 

c.

19-111-0408-C
Court Reporter Services - Request transfer from Court Reporter Services Hardware Maintenance Contract account to Court Reporter Services Software Licensing and Maintenance account for stenograph machines

 

d.

19-113-0408-E
Professional Services - Request elimination of Risk Manager position in the Professional Services Department

 

e.

19-114-0408-F
Grants Administration - Request transfer from General Fund Budgeted Reserves to Grants Administration Other Contract Services account for pre-work performed by Aptim

 

f.

19-115-0408-G
Professional Services - Request transfer from Disaster Recovery Ike-Medical Examiner TWIA Proceeds to General Fund Medical Examiner Building Maintenance account for building maintenance repairs needed at the existing building

 

 

 

g.

19-116-0408-H
Professional Services - Request establishing the revenue and expense budgets associated with the issuance of the Unlimited Tax Road Bonds, Series, 2019 and the Limited Tax County Building Bonds, Series 2019

 

h.

19-117-0408-I
Limited Tax Building Bonds Series 2017A - Request transfer from Limited Tax Building Bonds Series 2017A designated for Capital Projects account for match associated with the Medical Examiners Building

 

i.

19-118-0408-J
Limited Tax Building Bonds Series 2017A - Request transfer from Limited Tax Building Bonds Series 2017A designated for Capital Projects account for pre-design work for the North County Annex

 

j.

19-119-0408-K
Limited Tax Building Bonds Series 2017A - Request transfer from Limited Tax Building Bonds Series 2017A designated for Capital Projects account for pre-design work for the Bacliff Annex

 

k.

19-120-0408-L
Facilities Services and Maintenance - Request transfer from General Fund Facilities Services and Maintenance Building Improvements account to General Fund Wayne Johnson Community Center Building Improvements account for costs associated with repairing the facility

 

Action Agenda

 

46.

County Judge

 

a.

Consideration of approval of the hiring of the Facilities Director

 

b.

Consideration of approval of the following budget amendment:

 

1.

19-112-0408-D
Facilities Services & Maintenance - Request transfer from General Fund Budgeted Reserves to Facilities Services and Maintenance Salaries and associated benefits accounts for promotion of the Assistant Facilities Director to Facilities Director (24E to 26A), promotion of Risk Manager to Assistant Facilities Director (23D to 24C) and the promotion of a Facilities Tech I (12C to 16B) to a Facilities Tech II

 

47.

Purchasing

 

a.

Consideration of approval of awarding the following:

 

1.

RFP #B192005, Commissary Services for Galveston County Jail

 

2.

RFP #B192006, Food Service for Galveston County Jail

 

3.

Bid #B192008, Motor Fuels, Oils, Fluids, and Greases

 

48.

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.

5:19-CV-00074 Texas League of United Latin American Citizens et al,  Julieta Garibay et al, and Move Texas Civic Fund et al v. David Whitley in his official capacity as Texas Secretary of State et al, in the United States District Court for the Western District of Texas, San Antonio Division

 

2.

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

 

3.

Magistrate hearings and jail docket

 

4.

Rollover Pass condemnation proceeding

 

5.

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

 

6.

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

 

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:

 

1.

Director of County Legal Department

 

d.

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 the following item:

 

1.

Property located at 54th & Broadway

 

e.

Reconvene into Regularly Scheduled Meeting

 

f.

Consideration of authorizing the County Judge to execute engagement letter with Allison, Bass & Magee, LLP for representation in the matter of Texas League of United Latin American Citizens et al v. Whitley et al; Cause No.: 5:19-CV-00074 FB in the United States District Court for the Western District of Texas, San Antonio Division

 

Adjourn

 

WORKSHOP AGENDA

 

1.

Discussion of proposal for eliminating the County Legal department and using outside counsel for legal services

 

2.

Discussion of Joiner Architects proposal for professional services for League City Annex renovation and building expansion at 174 North Calder, League City, Texas submitted by Facilities

 

3.

Discuss Joiner Architects proposal for professional services for demolition of existing JP1 Courthouse, Community Center and asphalt vehicular paving, and construction of new JP1 Courthouse located at 4500-10th Street, Bacliff, Texas submitted by Facilities

 

 

 

 

 

 

 

 

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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