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 NUECES COUNTY, TEXAS
COMMISSIONERS COURT AGENDA

NOTICE OF PUBLIC MEETING

 

December 4, 2013

The Nueces County Commissioners Court will meet on the above date at 9:00 a.m. in the Commissioners Courtroom, 3rd floor, Nueces County Courthouse, 901 Leopard, Corpus Christi, Texas.

 
                   SAMUEL L. NEAL, JR.       COUNTY JUDGE
                   MIKE PUSLEY       COMMISSIONER, PRECINCT NO. 1
                   JOE A. GONZALEZ       COMMISSIONER, PRECINCT NO. 2
                   OSCAR O. ORTIZ       COMMISSIONER, PRECINCT NO. 3
                   JOE MCCOMB       COMMISSIONER, PRECINCT NO. 4

 

 

DIANA T. BARRERA, CLERK OF THE COURT

INFORMATION ON THE COMMISSIONERS COURT AGENDA 

CONSENT AGENDA: At most meetings, the Commissioners Court establishes a Consent Agenda. It consists of those Agenda Items which are routine or non-controversial, and which neither a member of the Commissioners Court nor the public has asked to be pulled for discussion. Once the Commissioners Court has established the Consent Agenda, Agenda Items included on it will be voted upon in one vote, and will not be discussed separately unless requested by the County Judge, Commissioner, or a citizen.

EXECUTIVE SESSION: The Commissioners Court may go into Executive Session to discuss those matters listed anywhere on the Agenda or as otherwise permitted by law.

PUBLIC COMMENT: Members of the public will have the opportunity to address the Commissioners Court during this section on any Agenda Item or any subject within its jurisdiction except a matter related to pending litigation. Each speaker should sign in on the Public Comment Sheet available at the rear of the Courtroom at least five (5) minutes before commencement of the Commissioners Court meeting. Speakers should limit their comments to two (2) minutes. The County Judge may, if he deems it necessary, limit both the number of speakers and the time allotted to each speaker. Under the law, the Commissioners Court may only take action on items specifically listed on the Agenda. Subject matter presented which is not part of the Agenda will be referred to the appropriate department for review and subsequent action. Materials submitted during public hearings will not be returned unless prior arrangements have been made through the County Clerk, with the approval of the County Judge. At least ten (10) copies of any document to be used by any speaker should be available for distribution. The speaker’s name and, if applicable, Agenda Item number should be clearly marked on such documents. Public Comment for items not on the Agenda will normally be held at the end of the meeting.

ADJOURNMENTS IN MEMORY: The Commissioners Court may adjourn the meeting in memory of deceased community leaders, County employees, and other distinguished persons. Requests for Adjournment in Memory may be made through any County Commissioner or the County Judge.

AUXILIARY AIDS OR SERVICES: Persons with disabilities who plan to attend this meeting of the Commissioners Court, and who may need special assistance, services or auxiliary aids, should contact the Office of the Nueces County Judge (361-888-0444) at least forty-eight (48) hours ahead of the meeting so that appropriate arrangements can be made.

 
             
1.

CALL TO ORDER

A.

County Judge calls for the Invocation.

B.

Pledge of Allegiance to the United States of America and Texas Flags.

C.

County Judge will call roll, note date, time, and location of meeting, and certify a quorum is present.

D. Approve the following Minutes:
1.   November 6, 2013
Attachments
November 6, 2013
2.   November 14, 2013
Attachments
November 14, 2013
E. Present the following Certificate(s) of Recognition:
1.   Incarnate Word Academy - 2013 Texas Association of Private and Parochial Schools (TAPPS) State 4A Boys Cross Country Champions, October 26, 2013, in Waco, Texas.
Attachments
Jaran Cadena
Jared Coco
Alec House
Christian House
Vincent Morin
Stephen Parlamas
Ryan Trevino
2. PUBLIC COMMENT: This section provides the public the opportunity to address the Commissioners Court on any issues within its jurisdiction. The Commissioners Court may not take formal action on any requests made during the Public Comment period which are not on the Agenda, but can refer such requests to County staff for review if appropriate.
3. CONSENT AGENDA: The following Agenda Items are of a routine nature, and the Commissioners Court has received supporting materials for consideration. All of these Agenda Items will be passed with one vote without being discussed separately, unless a member of the Commissioners Court or the public requests that a particular Agenda Item be discussed. If so, that Agenda Item will be pulled from the Consent Agenda and discussed as part of the regular Agenda at the appropriate time. One vote will approve the remaining items on the Consent Agenda.
A.   Authorize payment of bills - manual check registers dated November 25, 2013.
Attachments
Manual ckreg
B.   Authorize payment of bills - regular bill summaries dated November 15, 2013 B; November 20, 2013; November 22, 2013; and November 27, 2013.
Attachments
ckreg 11/15/13
ckreg 11/20/13
ckreg 11/22/13
ckreg 11/27/13
C.   Authorize payment of bills - special motions list dated December 4, 2013.
Attachments
Special Motions List
Special Motions Backup
D.   Authorize payment of Pcard purchases for the month of:  October 2013.
Attachments
Pcard
E.   Approve personnel actions of a budgeted nature:
  a.  Application Temporary List No. 347
  b.  Unfreeze List No. 676
  c.  Personnel Changes reports dated  November 15, 2013 and November 22, 2013.
Attachments
Temp List #347
Unfreeze List #676
PC 11/15/13
PC 11/22/13
F.   Accept the following "Outside Agency" Reports for FY 2012-2013:
1. Amistad Community Health Center Inc. 
2. Boys & Girls Club of Corpus Christi
3. Corpus Christi Regional Economic Development Corporation 
4. North Beach Community Association
Attachments
Amistad Community Health Center Inc.
Boys & Girls Club of Corpus Christi
CC Regional Economic Development Corporation
North Beach Community Association
G.   Approve a maintenance agreement with DataWorks Plus for the inmate mugshot system at the Nueces County Jail.
Attachments
DataWorks Maint Agreement
H.   Ratify/Approve the Participation Agreement and related forms with Tyler Technologies as they relate to TexFile, the new efiling system in the Office of the Nueces County District Clerk.
Attachments
TexFile Agreement
Attachment A - Tyler Agreement
I.   Authorize/Execute one-year lease agreements for the following hangars at the Nueces County Airport:
  1. M-2 Hangar - Jerry Lunceford;
  2. T-6 Hangar - Civil Air Patrol.
Attachments
M-2 Hangar - Jerry Lunceford
T-6 Hangar - Civil Air Patrol
J.   Authorize sole source purchase and execution of modification No. 3 for renewal of software license and service agreement with TRI-CEP (Treatment Research Institute) related to the Court Evaluation Program for the Magistrate Drug Court.
Attachments
TRI-CEP Sole Source Letter & modification 3
K.   Accept the award and executed engagement letters with Ernest R. Garza and Company for RFP No. 2936-13 Auditing Services as approved by the Board of Judges for CSCD and the Juvenile Board for the Juvenile Department.
Attachments
CSCD engagement letter
Juvenile Dept. engagement letter
L.   Approve the application procedure for appointment to the Nueces County Emergency Services District No. 3.
Attachments
ESD 3
4.

REGULAR AGENDA:

A.

AGENDA ITEMS

1.   Receive annual report from Chairman of the Beach Management Advisory Committee on the Committee’s activities over the past year.
2.   Discuss and consider execution of an Interlocal Agreement with San Patricio County for the Intoxilyzer Program and Technical Supervisor Services as an adjunct of the law enforcement responsibilities of the parties and related matters.
Attachments
Intoxilyzer Agreement 2014
3.   Discuss and consider adopting an order for the creation of a reinvestment zone for property tax abatement as requested by Ticona Polymers, Inc., consisting of approximately 1,423.58 acres located one and one-half mile southwest of Bishop, Texas.
Attachments
Order Creating Zone
Exhibit A - Legal Description
4.   Discuss and consider adopting an order approving a variance and a temporary tax abatement agreement with Ticona Polymers, Inc., pursuant to Chapter 312 of the Texas Tax Code.
Attachments
Application for Incentives - Ticona
Variance Request
Resolution Approving Tax Abatement Agreement
Ticona Tax Abatement Agreement
5.   Discuss and consider approval of Change Order No. 3 for an increase of $9,199.38 to HSC Electric Company for Bob Hall Pier Kitchen Renovations.
Attachments
Change Order No. 3
Dept. 0181 Budget
6.   Discuss and consider proposal of the AAA Mexican League Team, Aguilas de Veracruz, to lease the County Baseball Stadium facility from January 1, 2014 to December 31, 2014, and related matters.
7.   Discuss and consider approval of the proposed Commissioners Court meeting schedule for calendar year 2014.
Attachments
Court Schedule 2014
B. GRANTS
1.   Discuss and consider the acceptance of a grant award for the Emergency Food and Shelter Program Phase 31 made available through the Federal Emergency Management Agency.
Attachments
EFSP Phase 31 Award Letter
C. PURCHASING
1.   Discuss/Award RFP No. 2945-13 Tax Exempt Lease Purchase Financing, related to the phase II Energy Efficiency and Building Retrofit Project for the Nueces County Courthouse/Jail, McKinzie Annex, and Juvenile Justice Center.
Attachments
RFP 2945-13 Proposal Tab
Johnson Controls equip & savings
2.   Discuss/Award IFB 2942-13 Mowing Services for the Nueces County Airport.
Attachments
IFB 2942-13 Bid Tab
3.   Discuss and consider making a finding for the method of procurement (request for competitive bids) for Morgue Transport; and authorize the Purchasing Agent to publish a notice.
4.   Authorize Tarrant County Purchasing Co-Op 2012-151 purchases from Caldwell Country Ford-Chevrolet for a Ford F150 Pickup in the amount of $23,361.
Attachments
Juvenile Truck
5.   Authorize Buyboard Contract No. 358-10 purchases from Caldwell Country.
Attachments
Impala quote
Jail & Sr Comm van
FCS van
6.   Authorize Buyboard Contract No. 358-10 purchases from Caldwell Country Ford-Chevrolet.
Attachments
SO & Constable Pct 3 SUV
Animal Control truck
7.   Authorize Buyboard Contract No. 358-10 purchases from Caldwell Country for two 2500 Express Cargo Vans for two Departments.
Attachments
2013-2014 fleet
Express Cargo Van specs
CNG van quote
Unleaded van quote
Fuel report
5. EXECUTIVE SESSION: PUBLIC NOTICE  is given that the Commissioners Court may elect to go into an Executive Session anytime during the meeting to discuss matters listed on the Agenda, when authorized by the provisions of the Open Meetings Act, Chapter 551 of the Texas Government Code. In the event the Commissioners Court elects to go into Executive Session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the Executive Session will be publicly announced by the presiding officer. In accordance with the authority of the Government Code, Vernon’s Texas Codes, Sections 551.071, 551.072, 551.073, 551.074, 551.0745, 551.076, 551.086, 551.087, the Commissioners Court will hold an Executive Session to consult with attorney(s) including matters related to litigation; deliberate regarding real property, prospective gift(s), personnel matters, including termination, county advisory bodies, security devices, and/or economic development negotiations and other matters that may be discussed in an Executive Session. Upon completion of the Executive Session, the Commissioners Court may in an open session take such action as appropriate on items discussed in an Executive Session.
A.   Consult with County Attorney regarding the status of Civil Action No. 2:12-CV-339, Elmer Cox v. Nueces County, Texas, and Jim Kaelin in his Individual Capacity; and Civil Action No. 2:12-CV-341, Thomas Burnside v. Nueces County, Texas, and Jim Kaelin in his Individual Capacity, in the United States District Court for the Southern District of Texas, Corpus Christi Division.
B.   Consult with County Attorney regarding the status of Civil Action 2:12-CV-131, Nueces County v. MERSCORP Holdings, Inc: Mortgage Electronic Registration Systems, Inc; and Bank of America, National Association; In the United States District Court for the Southern District of Texas, Corpus Christi Division.
C.   Consult with County Attorney regarding status of Civil Action No. 2:12-CV-24, Josie Salazar, Individually, Rose Rich, Individually and as Representative of the Estate of Samuel Salazar; and Annette Rodriguez, as Next Friend for A.S., Minor Child, v. Nueces County, Texas; and Norma Real, Individually, In the United States District Court for the Southern District of Texas, Corpus Christi Division.
D.   Consult with County Attorney regarding the status of Cause No. 06-06073-F, Steve Schwerin v. Nueces County Juvenile Board, et al, in the District Court of Nueces County, Texas, 214th Judicial District (Hon. Alex Gabert, by assignment).
6.

BOARD APPOINTMENTS:

A.   Christus Spohn Health Board of Trustees
Attachments
Christus Spohn Board
Richard L. Bowers-Spohn
B.   Nueces County Beach Management Advisory Committee; select chairman.
Attachments
BMAC
Debbie Lindsey-Opel-BMAC
C.   Nueces County Emergency Services District No. 1
Attachments
ESD 1
Richard (Dickie) Rose - ESD1
Danny Tate - ESD1
D.   Nueces County Emergency Services District No. 2
Attachments
ESD 2
Michael Morgan-ESD2
Miguel Rodriguez-ESD2
Brian Solarek-ESD2
E.   Nueces County Emergency Services District No. 4
Attachments
ESD 4
Geoffrey Atwood-ESD4
D.W. Herrmann-ESD4
F.   Nueces County Emergency Services District No. 6
Attachments
ESD 6
Donny McNair-ESD 6

Adjournment in Memory (upon request)

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