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Galveston County Commissioners Court Agenda - June 20
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AGENDA

June 20, 2017 – 1:30 PM

 

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

 

Invocation and Pledge of Allegiance

 

Consent Agenda

 

*1.

Submitted by Auditor's Office:

 

a.

Approval of the Accounts Payable Checks dated 6/13/17 and 6/20/17

 

b.

Order for Payroll period ending 6/14/17 Bi-Weekly #13

 

c.

Order for Supplemental Payroll period ending 6/14/17 Bi-Weekly #13

 

d.

Monthly Financial Report for period ending 5/31/17

 

e.

Internal Audit Report of the County Clerk's Registry and Trust Fund for period 3/1/16 - 2/28/17 with response letter from Honorable Dwight D. Sullivan dated 6/1/17

 

f.

Internal Audit Report of the Tax Office's beer and wine permit operations audit for period covered 4/1/16 - 3/31/17 with response letter from Honorable Cheryl E. Johnson dated 6/6/17

 

*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 biweekly personnel movements pay period #12, May 18-31, 2017 submitted by Human Resources

 

*6.

Consideration of approving exemption to the 4 pay period mandatory vacancy policy for Administrative Assistant (Psn #8) submitted by Human Resources on behalf of Parks and Cultural Services/AgriLife Extension

 

*7.

Receive and file FY2016 annual audit and report for Galveston County Emergency Communication District submitted by the County Judge

 

*8.

Receive and file May 2017 Collections and Personal Bond report submitted by Personal Bond/Collections Office

 

*9.

Receive and file resignation letter from C.B. Rathburn effective August 7, 2017 submitted by Economic Development

 

*10.

Consideration of approval of granting a reduction of a permit fee (Facility Permitting Policy, Section 5.1.2 and 5.1.3) to Arcadia First Baptist Church for use of the community center & Quonset outdoor pavilion at Runge Park for church fellowship/community ministry events held Monday, July 24 through Friday, July 28, 2017 submitted by the Parks Department

 

*11.

Consideration of approval of the Base Contract for Supply of Electricity with TXU Energy Retail Company LLC with a term start date of January 1, 2020 not to extend beyond December 2026 and the base price not to exceed $0.0370 kWh, and authorizing the County Judge to execute the contract and related documents submitted by County Legal

 

*12.

Consideration for authorization to extend the contract on the following bid submitted by the Purchasing Agent:

 

a.

Bid #B152014, Abatement of Junked Vehicles

 

*13.

Consideration for authorization to re-bid the following RFPs submitted by the Purchasing Agent:

 

a.

RFP #B142022, Indigent Burial Services

 

b.

RFP #B152001, Transportation of Human Remains

 

*14.

Consideration for authorization to cancel the contracts for the following bids for the Road & Bridge Department submitted by the Purchasing Department:

 

a.

Bid #B152016, Asphalt, Oils & Emulsions

 

b.

Bid #B152017, Hot Mix Asphalt

 

*15.

Consideration for authorization to donate surplus vehicles to Beat the Heat, Inc., submitted by the Purchasing Agent

 

*16.

Consideration for authorization to utilize Cooperative Purchasing Program to purchase hardware and software renewal support for our main Courthouse campus for the Information Technology Department submitted by the Purchasing Agent

 

*17.

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

 

*18.

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

 

*19.

Request for waiver or refund of penalty and interest due to clerical errors as recommended by Penalty & Interest Review Committee submitted by the Tax Assessor/Collector:

 

a.

437612      LSP Investments                             2007-2009, 2012      $8,947.91(R)
351495      Moskau Family Revocable Trust     2001                         $304.86(W)
515685      Degraffenried, Tom                         2016                          $3.61(W)
515684      Degraffenried, Tom                         2016                          $1.76(W)
515683      Degraffenried, Tom                         2016                          $5.39(W)
180403      Degraffenried, Tom                         2016                          $43.81(W)

 

*20.

Consideration of application from Sam Creel and Toya Creel to convey portions of Lots 5-12, Block 3 Lowrys Patton Beach an unrecorded subdivision, part of the A Abramson 140 acre tract in the Jones Shaw League by metes and bounds without revising the plat submitted by Platting and Right-of-Way

 

*21.

Consideration of application for RASD, LLC to convey portions of Lot 1, Cades Subdivision by metes and bounds without revising the plat submitted by Platting and Right-of-Way

 

*22.

Consideration of approval of Choate Estates subdivision submitted by Platting and Right-of-Way

 

*23.

Consideration of granting authority to the County Judge to sign Trustee's Deed on the following tax foreclosed properties submitted by the County Judge:

 

a.

CAD#: 2075-0000-0015-000

 

b.

CAD#: 3895-0000-0007-000

 

c.

CAD#: 1995-0000-0015-000

 

d.

CAD#: 2775-0014-2205-000

 

e.

CAD#: 5120-0011-0008-000

 

f.

CAD#: 1995-0000-0032-000

 

*24.

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

 

a.

17-167-0620-A
Self Insurance Reserve Fund - Request transfer from General Self Insurance Budgeted Reserves to General Self Insurance Claims Paid Liability for settlement of a lawsuit

 

b.

17-168-0620-B
Administration - Sheriff's Department - Request transfer from General Funds Budgeted Reserves to Administration - Sheriff's Department for an outboard motor for Sheriff's Office Unit #320

 

c.

17-169-0620-C
Constable Precinct #3 - Request transfer from General Funds Budgeted Reserves to Constable Precinct #3 Extraordinary Supplies for office furniture

 

d.

17-170-0620-D
Economic Development - Request transfer from General Fund Budgeted Reserves to Economic Development Fund for Coordinator of Research & Communication position salary grade increase from 16A to 16E

 

e.

Letter from Sheriff's Department re: transfer of funds from the Sheriff's Contraband Funds Forfeited account to the Sheriff's Confidential Operations account

 

*25.

Consideration of acceptance of Cycle 9 Coastal Erosion Planning and Response Act (CEPRA) grant award from the Texas General Land Office and authorize County Judge to sign required documents as submitted by Professional Services

 

*26.

Consideration of approval to submit FY 2018 Nutrition and Support Services application renewal to the Houston-Galveston Area Agency on Aging and authorize County Judge to sign all required documents as submitted by Professional Services

 

*27.

Consideration of approval to submit Cycle 10 Coastal Erosion Planning and Response Act (CEPRA) grant application to the Texas General Land Office and authorize County Judge to sign required documents as submitted by Professional Services

 

 

*28.

Consideration of approval to submit FY 2017 Port Security Grant Program (PSGP) application to the U.S. Department of Homeland Security/FEMA and authorize County Judge to sign all required documents as submitted by Professional Services

 

Action Agenda

 

29.

Commissioner, Precinct 1

 

a.

Consideration of approval for changing the pay grade of the Coordinator of Research, Marketing and Communications Position (Economic Development Dept) position to a 16E

 

30.

Commissioner, Precinct 4

 

a.

Discuss House Bill 4104

 

31.

County Judge

 

a.

Consideration of granting authority to the County Judge to sign Trustee's Deed on the following tax foreclosed property:

 

1.

CAD#: 7180-0000-0008-000

 

b.

Consideration of approval to authorize the County Judge and Sheriff to execute correction affidavits for a non-material error in the map reference for a Trustee's Deed listed as CAD#: 5383-0004-0011-000, originally approved by Commissioners’ Court on June 23, 2015

 

32.

Purchasing

 

a.

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

 

1.

Bid #B172005, Trap Rock

 

2.

Bid #B172008, Road Signs & Materials

 

3.

Bid #B172006, Recycled Crushed Concrete/Concrete Flexible Base

 

b.

Consideration for authorization to award the following:

 

1.

RFP #B171013, Galveston Seawall Rip Rap Deficiencies West of 61st Street

 

2.

RFP #B171014, 9th & 11th Avenue Drainage

 

3.

RFP #B171015, 10th Street Reconstruction

 

4.

RFP #B171016, Bacliff Villas Drainage Restoration

 

33.

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 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 I-45 Waterline Project and acquisition.

 

c.

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

 

d.

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 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 Settlement of Valero Ad Valorem Tax Suits.

 

e.

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 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 16-OCR-2022; Yeager v. County of Galveston.

 

 

f.

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 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 CV-0076026; County of Galveston, Texas, Petitioner, v. Gulf Coast Rod, Reel and Gun Club, Inc.

 

g.

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 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 3:16-CV-00065, Diane Jacobs, et. al. v. Henry Trochesset, et. al. in the U.S. District Court for the Southern District of Texas, Galveston Division.

 

h.

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 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 the Flood Mitigation Assistance Project Grants.

 

i.

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 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 the Severe Repetitive Loss Elevation Project at 1525 103rd Street, Galveston.

 

j.

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 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 magistrate hearings.

 

k.

Reconvene into Regularly Scheduled Meeting

 

l.

Consideration of authorizing Right of Way to proceed with acquisition of easement from George Norman Jernigan

 

m.

Consideration of authorizing legal counsel for Galveston County to respond to settlement demand from plaintiff relating to 14-CV-1289, Bonnie Quiroga v. Galveston County, in the 212th Judicial District Court

 

n.

Consideration of authorizing County Legal to respond to complaint relating to 16-OCR-2022; Yeager v. County of Galveston

 

o.

Consideration of approving settlement agreement relating to 3:16-CV-00065, Diane Jacobs, et. al. v. Henry Trochesset, et. al. in the U.S. District Court for the Southern District of Texas, Galveston Division

 

p.

Consideration of authorizing County Judge to execute contracts with the Texas Water Development Board concerning Flood Mitigation Assistance Grant Projects

 

Adjourn

 

WORKSHOP AGENDA

 

1.

Discussion of restroom facility at Carbide Park, presented by Parks & Cultural Services

 

2.

Update of the Pelican Island vehicular bridge replacement project submitted by Engineering

 

3.

Discuss November Bond Issue

 

 

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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