GALVESTON COUNTY, TEXAS

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GALVESTON COUNTY, TEXAS

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

Mark Henry Ryan Dennard Joe Giusti Stephen Holmes Ken Clark County Judge Commissioner, Precinct 1 Commissioner, Precinct 2 Commissioner, Precinct 3 Commissioner, Precinct 4

AGENDA

May 10, 2016 – 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 Call to Order

Invocation and Pledge of Allegiance Consent Agenda

*1. Submitted by the Auditor's Office:

a. Approval of Accounts Payable dated 5/3/16 and 5/10/16 b. Order for Payroll period ending 5/4/16 Bi-Weekly #10

c. Order for Supplemental Payroll period ending 5/4/16 Bi-Weekly #10 d. Internal Audit Report of Galveston County Treasurer's Office for period of

2/1/15 - 1/31/16 with response letter from Honorable Kevin Walsh dated 3/14/16 e. Internal Audit Report of Road & Bridge Department for period of 1/1/15 -

12/31/15 with response letter from Mr. Lee Crowder dated 4/12/16

f. Internal Audit Report for the County fuel usage for period of 11/1/14 - 10/31/15 g. Quarterly Audit Report for Juvenile Justice Department for period of Jan - Mar

2016

h. Quarterly Audit Report for Justice of the Peace, Precinct 1 for period of Jan - Mar 2016

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i. Quarterly Audit Report for Justice of the Peace, Precinct 3 for period of Jan - Mar 2016

j. Quarterly Audit Report for Justice of the Peace, Precinct 4 for period of Jan - Mar 2016

k. Quarterly Audit Report for Constable 1 - Bacliff for period of Jan - Mar 2016 l. Quarterly Audit Report for Constable 1 - Texas City for period of Jan - Mar

2016

m. Quarterly Audit Report for Constable 2 - Galveston for period of Jan - Mar 2016 n. Quarterly Audit Report for Constable 2 - Santa Fe for period of Jan - Mar 2016 o. Quarterly Audit Report for Constable 3 - Galveston for period of Jan - Mar 2016 p. Quarterly Audit Report for Constable 3 - La Marque for period of Jan - Mar

2016

q. Quarterly Audit Report for Constable 4 - League City for period of Jan - Mar 2016

*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 Biweekly Personnel Movements pay period #9, April 7 -

20, 2016 submitted by Human Resources.

*6. Consideration of execution of Temporary Staffing Agreement with Action Personnel submitted by Human Resources.

*7. Consideration of approving exemption to the 4 pay period mandatory vacancy policy for Public Works Supervisor (Psn #62) submitted by Human Resources on behalf of Road and Bridge.

*8. Receive and file notice pursuant to H.B. 3059, Section 366.005 of Texas-New Mexico Power Company providing utility service to Galveston County submitted by the County Judge.

*9. Consideration of approval of (re)appointments to the Emergency Services District #2 submitted by the County Judge.

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*10. Consideration of a resolution honoring the retirement of Sergeant Thomas Barr from the Corrections Division within the Galveston County Sheriff’s Office submitted by County Legal.

*11. Consideration of a resolution recognizing May 2016 as “Older Americans Month” in Galveston County for Parks and Cultural Services submitted by County Legal.

*12. Consideration of resolution honoring the retirement of Mike Winburn, Gulf Coast Center's Executive Director, submitted by the County Judge.

*13. Receive and file full and final settlement of property claim damages for Claimant Mickelina Sanders in the amount of $631.48 submitted by County Legal.

*14. Receive and file fully executed Tender Agreement between Galveston County, Texas Bonding Company, and Preferred Pools of Houston and associated correspondence for the SRL projects on the following two properties: 1010 Rosewood Drive, Dickinson; and 16511 Jamaica Beach Road, Jamaica Beach submitted by County Legal.

*15. Consideration of authorizing execution of the Texas General Land Office application for the Beach Cleaning and Maintenance Assistant Program for Fiscal Year 2017

(beginning 09/01/16) submitted by Road and Bridge Department.

*16. Consideration of approval of an agreement with Masterword for professional interpreting services submitted by Court Administration.

*17. Consideration of approval to travel overseas for an economic development prospect submitted by the Economic Development Director.

*18. Consideration of approval of contract with Bay Area Houston

Economic Partnership submitted by the Director Economic Development.

*19. 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 Quonset outdoor pavilion at Runge Park for church fellowship/community ministry events held Monday, July 11 through Friday, July 15, 2016 submitted by the Parks and Cultural Services Department.

*20. Consideration for authorization to dispose of Salvage or Surplus Property submitted by the Purchasing Agent.

*21. Consideration for authorization to accept seized property and then dispose of said property by the Galveston County Sheriff's Department submitted by the Purchasing Agent.

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*22. Consideration for authorization to cancel and rebid the following Bid/RFP submitted by the Purchasing Agent:

a. Bid #B161012 Community Center at 64 Acre Park, Bacliff, TX b. RFP #B162011 Laser Printing of County Tax Statements

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

a. Bid #B142012 Road Signs and Material

*24. Consideration for authorization to issue a formal solicitation for the following bid submitted by the Purchasing Agent:

a. CDBG Round 2-Real Property Sales-May 2016

*25. Request for Waiver or Refund of Penalty and Interest Due to Clerical Errors submitted by the Tax Assessor/Collector:

a. R232850 Jones, Chuck 2015 $1.47 (R) b. R136087 Mayer, Kathryn 2015 $ 19.92 (R) N20500364 Selig, Robert 2014 $ 1,267.61 (R) N20500364 Selig, Robert 2015 $ 45.44 (R) N20500364 Selig, Robert 2015 $ 144.44 (W) R606662 Parsa Realty LLC 2015 $ 55.27 (W) c. R380598 Bourassa, Steven 2013 $ 402.24 (R) R380598 Bourassa, Steven 2015 $ 280.05 (R) *26. Consideration of Request of Tax Refunds in Excess of $2,500.00 submitted by the Tax

Assessor/Collector: a. R101302 $ 5,736.66 Duplicate R118621 $ 5,476.53 Duplicate R142276 $ 4,322.91 Duplicate R148245 $ 3,079.88 Overpayment R154005 $ 5,089.56 Duplicate R166519 $ 3,436.47 Overpayment R175989 $ 4,864.84 Overpayment R182246 $ 3,378.92 Overpayment R195646 $ 25,334.49 Overpayment R204250 $ 3,853.62 Duplicate R392400 $ 16,757.90 Overpayment R518592 $ 9,717.45 Duplicate

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b. P513596 $145,306.08 SIT ROLLOVER/DUPLICATE *27. Consideration of application from Eldon W. Harris to convey portions of Outlot 43 in

Alta Loma Outlots by metes and bounds without revising the plat submitted by the County Engineer.

*28. Consideration of approval to authorize the County Judge to sign Request for Landowner Consent to Access Property for Enterprise Crude Pipeline, LLC submitted by the

County Engineer.

*29. Consideration of approval of CDBG-DRS Round 2 Slum and Blight Spot Basis National Objective Form 14.03 submitted by Housing Department:

a. 731 12th St, San Leon

b. 2375 East FM 517, San Leon c. 4118 Schwartz, Bacliff d. 1521 Quarles, Port Bolivar e. 731 5th St, San Leon f. 422 2nd Ave N, Texas City g. 5015 Ave M, Santa Fe h. 3602 N Cark St, Santa Fe i. 2416 Hill Ave, Dickinson j. 1035 21st St, San Leon

k. 13315 San Luis Pass Rd, Galveston l. 4715 Orange Street, Bacliff

m. 4021 Pickfair, Bacliff n. 2413 Ave D, Dickinson

o. 2317 Old Mexico Rd, High Island

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30. County Engineer

a. Consideration of adopting new Galveston County Floodplain Regulations. b. Receive public comments on Maps of Nicholston, Block 195 and consideration

of approval of replat submitted by the County Engineer. 31. Parks & Senior Services

a. Consideration of approval to execute an athletic field user group

contract/agreement with Santa Fe Little League for use of the baseball fields at Runge Park.

32. Professional Services

a. Consideration of approval of the following budget amendments: 1. 16-086-0510-A

Road District #1 - Request transfer from Road District #1 Budgeted Reserves for payment of the cash drawers at the toll bridge

2. 16-087-0510-B

Human Resources - Request transfer from General Fund Budget

Reserves for Action Personnel a temporary agency to cover FMLA leave 3. 16-088-0510-C

ADA Compliance - Request transfer from Administrative Supplies to the various personnel accounts for the Carpenter position for the rest of the FY

4. 16-089-0510-D

Beach & Parks Fund - Request transfer from Beach & Parks Fund Budget Reserves for two (2) UTVs

5. 16-090-0510-E

Constable Precinct #3A - Request transfer from General Fund Budget Reserves for a Deputy II position to align with the Constable Career Ladder

6. 16-091-0510-F

Economic Development - Request transfer from General Fund Budgeted Reserves for Bay Area Houston Economic Partnership contract

7. 16-092-0510-G

Economic Development - Request transfer from Administrative Supplies to Extraordinary Supplies for the purchase of a monitor for map-

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presentations

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 3:16-CV-00065, Estate of Jesse C. Jacobs, Jesse R. Jacobs and Diane S. Jacobs Individually and Heirs of the Estate of Jesse C. Jacobs and Representative of the Estate of Jesse C. Jacobs v Galveston County Sheriff-Henry Trochesset, in his Individual Capacity and Galveston County, and John Doe Galveston County Jailers 1-20, in their Individual Capacities, in the U.S. District Court for the Southern District of Texas, Galveston Division.

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 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 Civil Action No. 3:14-CV-406; Raymond Benoist vs Galveston County and Henry Trochesset, Individually and in his Official Capacity.

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 3:14-CV-00186, Tomasa Duran v. Galveston County, in the U.S. District Court for the Southern District of Texas, Galveston Division.

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-

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Conduct of the State Bar of Texas clearly conflicts with the Open Meetings Act relating to Cause No. 15-0993, Hon. Mark Henry, v. Hon. Lonnie Cox, in the Supreme Court of Texas.

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

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 Texas City Flood Protection Levee.

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 Texas General Land Office and Rollover Pass.

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 claims on bonds in the County’s Severe Repetitive Loss Elevation Program.

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-

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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 structure and operation of the Severe Repetitive Loss Elevation grants and the Flood Mitigation Assistance grants.

k. 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 CDBG-DRS Non-Housing grant requirements (wastewater treatment).

l. Reconvene Into Regularly Scheduled Meeting.

m. Consideration of approval of agreements in each of the following homes in the Severe Repetitive Loss Elevation Program for which Expert House Movers served as the Elevation Contractor and in which claims on performance bonds have been made to complete each project and authorizing County Judge to execute such agreements: these remaining projects are at 320 Empress Lane, League City; 7026 Terrasso Drive, Hitchcock; and 1653 Dick Bay Drive, San Leon.

Adjourn

WORKSHOP AGENDA

1. Discussion of Social Media submitted by Human Resources 2. Discussion of DOT Drug Tests submitted by Human Resources

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.

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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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