1. Opening prayer: Willie Ng, District Attorney's Chief Criminal Investigator. (Court/Nelson W. Wolff) 2. Pledge of Allegiance: (Court/Nelson W. Wolff)
CEREMONIAL ITEM(S): a. Presentation of a Proclamation on behalf of Commissioners Court recognizing October 9, 2017 through October 13, 2017 as "San Antonio Minority Enterprise Development Week". (Estimated Presentation Time: 5 minutes) (Court/Nelson W. Wolff) b. Presentation of a Proclamation on behalf of Commissioners Court recognizing Tuesday, October 10, 2017 as the County observance of World Mental Health Day and inviting all Bexar County employees to wear green on that day and participate in the mental Health Department's event, at Main Plaza grounds at 12:30pm, as a means of supporting and increasing mental health awareness. (Estimated Presentation Time: 5 minutes) (Court/Paul Elizondo) c. Presentation of a Proclamation on behalf of Commissioners Court recognizing every October as "National Cyber Security Awareness Month". (Estimated Presentation Time: 5 minutes) (Court/Tommy Calvert) d. Presentation of a Proclamation on behalf of Commissioners Court recognizing October 1, 2017 -October 7, 2017 as National 4-H Week in Texas and commend the 4-H Youth Development Program of the Texas A&M AgriLife Extension Service and the many men and women who have made the program a success. (Estimated Presentation Time: 5 minutes) (Court/Tommy Calvert)
Discussion and appropriate action authorizing the County Judge to execute a funding request from The University of Texas at San Antonio to design and build a set of web pages outlining the region's history covering the era between Mexican Independence and the arrival of the Railroad (1877) for $72,926. (Estimated Presentation Time: 15 minutes)
Presentation of the results of the 2017 Bexar County campaign for the ArtsFund and announcement of the winning departments for most money raised, largest increase in employee participation and the largest increase in employee giving over the previous years. (Estimated Presentation Time: 10 minutes)
Discussion and appropriate action authorizing Bexar County to sue all opioid drug manufacturers, promoters and distributors responsible for causing and contributing to an epidemic of opioid addiction in Bexar County, including but not limited to Purdue Pharma L.P., Teva Pharmaceuticals USA, Inc., Cephalon, Inc., Johnson & Johnson, Janssen Pharmaceutical Company, Allergan PLC, Actavis PLC, Endo Pharmaceuticals, Cardinal Health Inc., McKesson Corporation, AmerisourceBergen Corporation and all other related entities to these named companies; and approval of a professional services agreement with the law firms of Watts Guerra LLP and Phipps Anderson Deacon LLP to serve as Co-Lead Counsel for Bexar County. (Estimated Presentation Time: 5 minutes) (Ed Schweninger)
TIME CERTAIN ITEM(S): 11:00 a.m.: Presentation, discussion and appropriate action regarding the Bexar County Flood Control (BCFC) Program in Precincts 1, 2, 3, and 4. i. Presentation regarding the completion of the Program and the 10 Year Report Card on its benefits. ii. Discussion on process and evaluation of the HALT program and future projects. iii. Approval of a Fifth Amendment to four (4) Staff Augmentation Agreements between Bexar County and AECOM Technical Services; GGC Engineers, Inc. (SMWBE); Briones Consulting & Engineering, LTD (SMWBE); and The DeBerry Group (SWMBE) for staff augmentation services in connection with the completion of the BCFC and associated budget transfer. (Estimated Presentation Time: 15 minutes)
Discussion and appropriate action regarding a monument commemorating the arrival of the first Canary Island families in 1731. (Estimated Presentation Time: 10 minutes)
Consent Items 10 - 44
Filing for record the following legal and administrative documents and directing the Criminal District Attorney's Office to take action, if necessary: a. Settlement Agreement and Mutual Release regarding Cause No. 2016C21644; Kelly Cross, Presiding Judge Bexar County Statutory Probate Court No. 1 vs. Bexar County Commissioners Court, approve July 25, 2017. b. Texas Department of Public Safety Agreement for Release of Driver Records to Governmental Entity name: The County of Bexar, approved March 7, 2017. c. Bexar County Fire Marshal and Office of Emergency Management FY2018 Budget Discretionary Fund 113 - Fire Marshal LEOSE Fund. d. Ruben C. Tejeda, Constable - Precinct 1, FY 20117-18 Budget for Federal Asset Forfeiture Fund -315, State Asset Forfeiture Fund - 314 and LEOSE Fund - 115. e. Medicare Group Agreement and Application for third party administrative services through Aetna for Bexar County Employees, approved September 5, 2017. f. Bexar County District Attorney, Nicholas "Nico" LaHood, FY 2018 Budget for LEOSE Funds 115, State Asset Forfeiture Funds 307, Federal Asset Forfeiture Funds 308, Check Section Funds 509, Comptroller Funds 323, Gambling Funds 311. g. Citation Directed to Bexar County Texas by Serving Its County Judge Nelson W. Wolff, Re: Bobbi King et al vs. Deputy K Ponton et al. h. Citation Directed to Gerard "Gerry" Rickhoff, County Clerk of Bexar County, Re: CMPJ vs. Bexar County et al. i. Notice of Claim for Hammer & Steel, Inc., regarding the Equipment Rental Agreement with Construction Resolution Group, Inc. j. Fax letter from Deputy Sheriffs' Association of Bexar County, from Juan Contreras, President Re: Grievance 2017-DSABC-01 Notice of Intent to Submit to Arbitration.
Approval of Commissioners Court minutes for Monday, September 11, 2017 and Tuesday, September 12, 2017.
Discussion on Texas Health and Safety Code §775.082(c),(e) and Texas Health Safety Code §775.082(b) and the ability of Commissioners Court by order to require the County Auditor to perform audits of Emergency Service Districts (ESDs) and to approve the rules relating to the format of the audit and report. (Estimated Presentation Time: 10 minutes)
Presentation, discussion and appropriate action regarding the Workforce Solutions-Alamo 2017-2018 program year budget. (Estimated Presentation Time: 10 minutes) (Jordana Decamps)
Discussion and appropriate action authorizing the use of the power of eminent domain and approval of an Order declaring the public use and necessity for the acquisition of a Permanent Drainage Easement being 3.01 acre tract of land and a Temporary Construction Easement being 0.75 acre of land; both out of a 13.95 acre tract of land conveyed to Timothy J. and Kelley P. Griffin by instrument recorded in Volume 13695, Page 1670, of the Deed and Plat Records of Bexar County, Texas, and being a tract described as Tract No. Three of Seven Tracts out of 97.65 acres owned by Martha Wilma McDonald, said 3.01 acres and 0.75 acre being out of Ignacio Tejeda Survey 186, Abstract 735, County Block 4250, Bexar County, Texas and being more particularly described by metes and bounds and shown in Exhibit "A" and Exhibit "B", respectively, attached hereto and incorporated herein for all purposes, to advance and achieve the public use of the reconstruction of Elm Creek at Pearsall Road low water crossing, which includes replacing the existing culvert crossing at Pearsall Road and Elm Creek, channelizing the existing stream upstream and downstream of the bridge, and realigning Pearsall Road with the proposed bridge, to mitigate flooding and eliminate low water crossings, resolving threats to the health and safety of the public as part of the Elm Creek at Pearsall Road LWC (MR11) project and authorizing the institution of condemnation proceedings to acquire these rights. Elm Creek at Pearsall Road LWC Flood Control Project. Precinct 1. (Estimated Presentation Time: 5 minutes) (Renee Green)
Discussion and appropriate action authorizing the use of the power of eminent domain and approval of an Order declaring the public use and necessity for the acquisition of a Permanent Drainage Easement being 0.04 of an acre tract of land and a Temporary Construction Easement being 1.17 acre tract of land, both from tracts conveyed to Dwight A. and June T. Barnes by instrument recorded in Volume 3415, Page 1383 and Volume 13816, Page 2343 of the Deed and Plat Records of Bexar County, Texas both tracts being the east part of a designated tract described as Tract No. Four of Seven Tracts out of 97.65 acres owned by Martha Wilma McDonald and being out of the Ignacio Tejeda Survey 186, Abstract 735, County Block 4250, Bexar County, Texas and being more particularly described by metes and bounds in Exhibit "A" and Exhibit "B", respectively, and incorporated herein for all purposes, to advance and achieve the public purpose of mitigating flooding and eliminating low water crossings, resolving threats to the health and safety of the public as part of the Elm Creek at Pearsall Road LWC (MRU) project and authorizing the institution of condemnation proceedings to acquire these rights. Elm Creek at Pearsall Road LWC Flood Control Project. Precinct 1. (Estimated Presentation Time: 5 minutes) (Renee Green)
Discussion and appropriate action regarding awarding a contract to the lowest and best qualified bid submitted by E-Z Bel Construction, LLC (SMWBE) to provide for the purchase of construction services for the Pedestrian Crossing Improvements Project in all precincts, in the amount of $1,615,435.25, as requested . by the Public Works Department; and authorizing the Purchasing Agent to execute and file the appropriate award documents for the record. (Estimated Presentation Time: 5 minutes) (Mary Quinones)
Acceptance of an FLS A summary report regarding non-exempt County personnel that have accrued FLS A hours in excess of 199 but less than 240, and law enforcement personnel FLS A hours in excess of 439 but less than 480 as of the month ending August 2017. Notification of payment to those employees who have accumulated hours in excess of the FLS A maximum level for an estimated amount of $95,869 and approval of the appropriate budget transfers. (Estimated Presentation Time: 5 minutes) (Susan Yeatts)
Discussion and appropriate action regarding travel to Baja Malibu, Mexico by the Bexar Heritage Programs Director to attend the read through, workshop and rehearsal of Suenos de Bejar with the composer and volunteer singers and musicians for the May 5™ 2018 performance. (Estimated Presentation Time; 10 minutes) (Betty Bueche)
EXECUTIVE SESSION (DISCUSSION ONLY: CLOSED TO PUBLIC (Pursuant to Chapter 551, Texas Government Code) EXECUTIVE SESSION ITEMS MAY BE DISCUSSED AND ACTED UPON, IF APPROPRIATE, IN OPEN SESSION. 55. §551.071 Consultation with Attorney for advice regarding: a. Pending or contemplated litigation or settlement offers in the following matters: i. Esmeralda Morales Ramos v. Bexar County; and ii. Legal claims against opioid drug manufacturers, promoters and distributors responsible for causing and contributing to an epidemic of opioid addiction in Bexar County, including but not limited to Purdue Pharma L.P., Teva Pharmaceuticals USA, Inc., Cephalon, Inc., Johnson & Johnson, Janssen Pharmaceutical Company, Allergan PLC, Actavis PLC, Endo Pharmaceuticals, Cardinal Health Inc., McKesson Corporation, AmerisourceBergen Corporation and all other related entities to these named companies. b. Legal issues pertaining to the following matters in which the duty of the attorney for Bexar County under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Open Meetings Act i. P-25 Radio System Project among City of San Antonio and City Public Service.
Discussion and appropriate action regarding a settlement proposal in the following litigation: Esmeralda Morales Ramos v. Bexar County. (Estimated Presentation Time: 5 minutes) (Ed Schweninger)
1. Opening prayer: Willie Ng, District Attorney's Chief Criminal Investigator. (Court/Nelson W. Wolff) 2. Pledge of Allegiance: (Court/Nelson W. Wolff)
CEREMONIAL ITEM(S): a. Presentation of a Proclamation on behalf of Commissioners Court recognizing October 9, 2017 through October 13, 2017 as "San Antonio Minority Enterprise Development Week". (Estimated Presentation Time: 5 minutes) (Court/Nelson W. Wolff) b. Presentation of a Proclamation on behalf of Commissioners Court recognizing Tuesday, October 10, 2017 as the County observance of World Mental Health Day and inviting all Bexar County employees to wear green on that day and participate in the mental Health Department's event, at Main Plaza grounds at 12:30pm, as a means of supporting and increasing mental health awareness. (Estimated Presentation Time: 5 minutes) (Court/Paul Elizondo) c. Presentation of a Proclamation on behalf of Commissioners Court recognizing every October as "National Cyber Security Awareness Month". (Estimated Presentation Time: 5 minutes) (Court/Tommy Calvert) d. Presentation of a Proclamation on behalf of Commissioners Court recognizing October 1, 2017 -October 7, 2017 as National 4-H Week in Texas and commend the 4-H Youth Development Program of the Texas A&M AgriLife Extension Service and the many men and women who have made the program a success. (Estimated Presentation Time: 5 minutes) (Court/Tommy Calvert)
Discussion and appropriate action authorizing the County Judge to execute a funding request from The University of Texas at San Antonio to design and build a set of web pages outlining the region's history covering the era between Mexican Independence and the arrival of the Railroad (1877) for $72,926. (Estimated Presentation Time: 15 minutes)
Presentation of the results of the 2017 Bexar County campaign for the ArtsFund and announcement of the winning departments for most money raised, largest increase in employee participation and the largest increase in employee giving over the previous years. (Estimated Presentation Time: 10 minutes)
Discussion and appropriate action authorizing Bexar County to sue all opioid drug manufacturers, promoters and distributors responsible for causing and contributing to an epidemic of opioid addiction in Bexar County, including but not limited to Purdue Pharma L.P., Teva Pharmaceuticals USA, Inc., Cephalon, Inc., Johnson & Johnson, Janssen Pharmaceutical Company, Allergan PLC, Actavis PLC, Endo Pharmaceuticals, Cardinal Health Inc., McKesson Corporation, AmerisourceBergen Corporation and all other related entities to these named companies; and approval of a professional services agreement with the law firms of Watts Guerra LLP and Phipps Anderson Deacon LLP to serve as Co-Lead Counsel for Bexar County. (Estimated Presentation Time: 5 minutes) (Ed Schweninger)
TIME CERTAIN ITEM(S): 11:00 a.m.: Presentation, discussion and appropriate action regarding the Bexar County Flood Control (BCFC) Program in Precincts 1, 2, 3, and 4. i. Presentation regarding the completion of the Program and the 10 Year Report Card on its benefits. ii. Discussion on process and evaluation of the HALT program and future projects. iii. Approval of a Fifth Amendment to four (4) Staff Augmentation Agreements between Bexar County and AECOM Technical Services; GGC Engineers, Inc. (SMWBE); Briones Consulting & Engineering, LTD (SMWBE); and The DeBerry Group (SWMBE) for staff augmentation services in connection with the completion of the BCFC and associated budget transfer. (Estimated Presentation Time: 15 minutes)
Discussion and appropriate action regarding a monument commemorating the arrival of the first Canary Island families in 1731. (Estimated Presentation Time: 10 minutes)
Consent Items 10 - 44
Filing for record the following legal and administrative documents and directing the Criminal District Attorney's Office to take action, if necessary: a. Settlement Agreement and Mutual Release regarding Cause No. 2016C21644; Kelly Cross, Presiding Judge Bexar County Statutory Probate Court No. 1 vs. Bexar County Commissioners Court, approve July 25, 2017. b. Texas Department of Public Safety Agreement for Release of Driver Records to Governmental Entity name: The County of Bexar, approved March 7, 2017. c. Bexar County Fire Marshal and Office of Emergency Management FY2018 Budget Discretionary Fund 113 - Fire Marshal LEOSE Fund. d. Ruben C. Tejeda, Constable - Precinct 1, FY 20117-18 Budget for Federal Asset Forfeiture Fund -315, State Asset Forfeiture Fund - 314 and LEOSE Fund - 115. e. Medicare Group Agreement and Application for third party administrative services through Aetna for Bexar County Employees, approved September 5, 2017. f. Bexar County District Attorney, Nicholas "Nico" LaHood, FY 2018 Budget for LEOSE Funds 115, State Asset Forfeiture Funds 307, Federal Asset Forfeiture Funds 308, Check Section Funds 509, Comptroller Funds 323, Gambling Funds 311. g. Citation Directed to Bexar County Texas by Serving Its County Judge Nelson W. Wolff, Re: Bobbi King et al vs. Deputy K Ponton et al. h. Citation Directed to Gerard "Gerry" Rickhoff, County Clerk of Bexar County, Re: CMPJ vs. Bexar County et al. i. Notice of Claim for Hammer & Steel, Inc., regarding the Equipment Rental Agreement with Construction Resolution Group, Inc. j. Fax letter from Deputy Sheriffs' Association of Bexar County, from Juan Contreras, President Re: Grievance 2017-DSABC-01 Notice of Intent to Submit to Arbitration.
Approval of Commissioners Court minutes for Monday, September 11, 2017 and Tuesday, September 12, 2017.
Discussion on Texas Health and Safety Code §775.082(c),(e) and Texas Health Safety Code §775.082(b) and the ability of Commissioners Court by order to require the County Auditor to perform audits of Emergency Service Districts (ESDs) and to approve the rules relating to the format of the audit and report. (Estimated Presentation Time: 10 minutes)
Presentation, discussion and appropriate action regarding the Workforce Solutions-Alamo 2017-2018 program year budget. (Estimated Presentation Time: 10 minutes) (Jordana Decamps)
Discussion and appropriate action authorizing the use of the power of eminent domain and approval of an Order declaring the public use and necessity for the acquisition of a Permanent Drainage Easement being 3.01 acre tract of land and a Temporary Construction Easement being 0.75 acre of land; both out of a 13.95 acre tract of land conveyed to Timothy J. and Kelley P. Griffin by instrument recorded in Volume 13695, Page 1670, of the Deed and Plat Records of Bexar County, Texas, and being a tract described as Tract No. Three of Seven Tracts out of 97.65 acres owned by Martha Wilma McDonald, said 3.01 acres and 0.75 acre being out of Ignacio Tejeda Survey 186, Abstract 735, County Block 4250, Bexar County, Texas and being more particularly described by metes and bounds and shown in Exhibit "A" and Exhibit "B", respectively, attached hereto and incorporated herein for all purposes, to advance and achieve the public use of the reconstruction of Elm Creek at Pearsall Road low water crossing, which includes replacing the existing culvert crossing at Pearsall Road and Elm Creek, channelizing the existing stream upstream and downstream of the bridge, and realigning Pearsall Road with the proposed bridge, to mitigate flooding and eliminate low water crossings, resolving threats to the health and safety of the public as part of the Elm Creek at Pearsall Road LWC (MR11) project and authorizing the institution of condemnation proceedings to acquire these rights. Elm Creek at Pearsall Road LWC Flood Control Project. Precinct 1. (Estimated Presentation Time: 5 minutes) (Renee Green)
Discussion and appropriate action authorizing the use of the power of eminent domain and approval of an Order declaring the public use and necessity for the acquisition of a Permanent Drainage Easement being 0.04 of an acre tract of land and a Temporary Construction Easement being 1.17 acre tract of land, both from tracts conveyed to Dwight A. and June T. Barnes by instrument recorded in Volume 3415, Page 1383 and Volume 13816, Page 2343 of the Deed and Plat Records of Bexar County, Texas both tracts being the east part of a designated tract described as Tract No. Four of Seven Tracts out of 97.65 acres owned by Martha Wilma McDonald and being out of the Ignacio Tejeda Survey 186, Abstract 735, County Block 4250, Bexar County, Texas and being more particularly described by metes and bounds in Exhibit "A" and Exhibit "B", respectively, and incorporated herein for all purposes, to advance and achieve the public purpose of mitigating flooding and eliminating low water crossings, resolving threats to the health and safety of the public as part of the Elm Creek at Pearsall Road LWC (MRU) project and authorizing the institution of condemnation proceedings to acquire these rights. Elm Creek at Pearsall Road LWC Flood Control Project. Precinct 1. (Estimated Presentation Time: 5 minutes) (Renee Green)
Discussion and appropriate action regarding awarding a contract to the lowest and best qualified bid submitted by E-Z Bel Construction, LLC (SMWBE) to provide for the purchase of construction services for the Pedestrian Crossing Improvements Project in all precincts, in the amount of $1,615,435.25, as requested . by the Public Works Department; and authorizing the Purchasing Agent to execute and file the appropriate award documents for the record. (Estimated Presentation Time: 5 minutes) (Mary Quinones)
Acceptance of an FLS A summary report regarding non-exempt County personnel that have accrued FLS A hours in excess of 199 but less than 240, and law enforcement personnel FLS A hours in excess of 439 but less than 480 as of the month ending August 2017. Notification of payment to those employees who have accumulated hours in excess of the FLS A maximum level for an estimated amount of $95,869 and approval of the appropriate budget transfers. (Estimated Presentation Time: 5 minutes) (Susan Yeatts)
Discussion and appropriate action regarding travel to Baja Malibu, Mexico by the Bexar Heritage Programs Director to attend the read through, workshop and rehearsal of Suenos de Bejar with the composer and volunteer singers and musicians for the May 5™ 2018 performance. (Estimated Presentation Time; 10 minutes) (Betty Bueche)
EXECUTIVE SESSION (DISCUSSION ONLY: CLOSED TO PUBLIC (Pursuant to Chapter 551, Texas Government Code) EXECUTIVE SESSION ITEMS MAY BE DISCUSSED AND ACTED UPON, IF APPROPRIATE, IN OPEN SESSION. 55. §551.071 Consultation with Attorney for advice regarding: a. Pending or contemplated litigation or settlement offers in the following matters: i. Esmeralda Morales Ramos v. Bexar County; and ii. Legal claims against opioid drug manufacturers, promoters and distributors responsible for causing and contributing to an epidemic of opioid addiction in Bexar County, including but not limited to Purdue Pharma L.P., Teva Pharmaceuticals USA, Inc., Cephalon, Inc., Johnson & Johnson, Janssen Pharmaceutical Company, Allergan PLC, Actavis PLC, Endo Pharmaceuticals, Cardinal Health Inc., McKesson Corporation, AmerisourceBergen Corporation and all other related entities to these named companies. b. Legal issues pertaining to the following matters in which the duty of the attorney for Bexar County under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Open Meetings Act i. P-25 Radio System Project among City of San Antonio and City Public Service.
Discussion and appropriate action regarding a settlement proposal in the following litigation: Esmeralda Morales Ramos v. Bexar County. (Estimated Presentation Time: 5 minutes) (Ed Schweninger)