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April 30, 2014

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





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.




County Judge calls for the Invocation.


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


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

D. Approve the following Minutes:
1.   April 9, 2014.
Minutes April 9, 2014

Adopt the following Resolution(s) and/or Order(s):

1.   Mrs. Wilmerine Howard - 100th Birthday - May 10, 2014.
Resolution - Wilmerine Howard - 100th
2.   Recognizing Ryan Curtin as the 2014 Navy Military Child of the Year.
3.   National Children's Mental Health Awareness Week - May 4 - 10, 2014.
Resolution - Children's Mental Health
4.   Holy Cross Catholic Church - Centennial Jubilee - September 14, 2014.
Holy Cross - Centennial Jubilee
5.   May 10, 2014, Lemonade Day in Nueces County.
Proclamation-Lemonade Day
6.   In support of controlling non-native invasive Brazilian Pepper Trees in Nueces County.
Resolution on Brazilian Peppers
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 April 22, 2014.
Manual ckreg
B.   Authorize payment of bills - regular bill summaries dated March 31, 2014; April 4, 2014 B; April 11, 2014; April 15, 2014; April 18, 2014; and April 25, 2014.
ckreg 3/31/14
ckreg 4/4/14
ckreg 4/11/14
ckreg 4/15/14
ckreg 4/18/14
ckreg 4/25/14
C.   Authorize payment of bills - special motions list dated April 30, 2014.
Special Motions List
Special Motions Backup
D.   Authorize payment of bills - group health insurance claims and fees - TPA checks March 1, 2014 through March 31, 2014.
Group Health
E.   Approve personnel actions of a budgeted nature:
  a.  Application Temporary List No. 354
  b.  Unfreeze List No. 684
  c.  Personnel Changes reports dated April 4, 2014; April 11, 2014; and April 18, 2014.
Temp 354
Unfreeze #684
PC 4/4/14
PC 4/11/14
PC 4/18/14
F.   Approve the monthly revenue reports in accordance with LGC 114.044 - January 2014.
Revenue Report - February
G.   Approve the following Tax Deeds and highest minimum bid to date:
  1. Lot 7, Block 12, Flour Bluff Park, in the amount of $3,000.00
  2. Tract ‘D’, Lot 23, Block ‘H’, Flour Bluff Estates, in the amount of $2,000.00
  3. Lots 7, 8, 9 & the South one-half of Lot 10, Block 29, Hillcrest Addition, in the amount of $4,500.00
  4. A portion of Lot 2, Block 2, Airport Industrial Subdivision, in the amount of $4,000.00
  5. The North one-half of Lot 15 and all of Lot 16, Block 3, M. T. Gaffney Addition, in the amount of $2,150.00
  6. Lot 21, Block 11, Airport Park Subdivision, in the amount of $2,000.00
  7. The Northeast 50 feet of Lot 20 & the Southeast 25 feet of Lot 19, Block 8, Lexington Estates, in the amount of $9,000.00
  8. Lots 16 and 17, Block 18, Central Park Unit 3, in the amount of $8,500.00
  9. Lot 2, Block 4, Hilltop Terrace Addition, in the amount of $5,000.00
 10. Lot 4, Block 4, Laguna Acres, in the amount of $3,000.00
 11. Lot 9-B, Block 1, Flour Bluff Estates No. 2 Subdivision, in the amount of $5,000.00
 12. Lot 16, Block 9, Highway Village Section 2, in the amount of $3,000.00
 13. Lot 8, Block 8, Airport Park Subdivision, in the amount of $3,500.00
 14. The West 50 feet of Lots 1 and 2, Block 4, Gateway Park Addition, in the amount of $4,000.00
 15. Lot 6, Block 3, Coronado Addition, in the amount of $3,000.00
 16. Lot 50, Block 1, San Pedro Addition, in the amount of $8,000.00
 17. Lot 4, Block 5, Airport Park Subdivision, in the amount of $2,000.00
 18. Lot 10-A, Block 13, Highway Village Section 3, in the amount of $2,500.00
 19. Lot 28, Block 1, Hudson Acres Addition, in the amount of $2,000.00
 20. The North one-half of Lot 6, Block 21, Meadow Park Addition, in the amount of $2,000.00
 21. Lot 7, Block 2, Harlem Park Addition, in the amount of $2,000.00
 22. Lot 12, Reynolds Addition No. 2, in the amount of $3,000.00
 23. Lot 30, Block 4, Windsor Park, in the amount of $20,000.00
 24. Lot 23, Block 6, South Park Subdivision, in the amount of $18,000.00
 25. Lot 10, Block 1, Lena Pearse Subdivision, in the amount of $2,500.00
Tax Deeds
H.   Approve change request for installation of an additional 95 network drops to be installed by the DIR approved vendor Insight Public Sector.
Insight Quote
Insight Change Request
I.   Approve application procedure for the Behavorial Health Center of Nueces County Board.
Behavorial Health Center Board
Vargas letter
J.   Authorize Sole Source purchase from Hart InterCivic for software license and support annual renewal for the County Clerk’s Office.
Hart Sole Source
K.   Authorize/Execute a contract with Port Enterprises, LTD. for IFB No. 2954-14 Nueces County Central Garage Complex Roofing Replacement.
IFb 2954-14 Agreement
L.   Authorize/Execute a contract with Gulf Coast Hurricane Shutters for RFP 2953-14 Hurricane Shutters for County Courthouse EOC Office, Keach Family Library, and RMB Regional Fairgrounds Conference Center.
RFP 2953-14 agreement
M.   Authorize/Execute a contract with Dunbar Armored, Inc. for IFB No. 2948-13 Armored Car Service.
IFB 2948-13 agreement
N.   Authorize/Execute a contract with Texas Sky Aviation for IFB No. 2956-14 Hangar No. 1 County Williams Hangar for Lease.
Hangar agreement
O.   Authorize/Execute Amendment No. 2 for RFP No. 2864-10 Food Management Program for Nueces County Jails with Aramark Correctional Service, LLC.
RFP 2864-10 Amendment 2
P.   Authorize/Execute Amendment No. 1 to agreement with FasClampitt Paper Store for IFB No. 2909-12, Copy Paper, Computer Paper, NCR Paper and Envelopes.
IFB 2909-12 Amendment 2
Q.   Authorize Sole Source purchase of tile and bathroom cleaner from Kendall & Son LTD for the Sheriff's office.
Kendall sole source
R.   Approve Tax Deed and highest minimum bid to date by Port Aransas Independent School District to purchase Nueces County's interest in Tax resale property described as Lot 5, Block 2, Survey #9, Mustang Island Surveys- located at 203 Church Street, Port Aransas, Texas.
Request Letter from Port A ISD
Bid Analysis Sheet
S.   Approve and accept donations (list attached) to the county in accordance with LGC 81.032.




1.   Receive a presentation from the Pink Lady Hornets of Flour Bluff High School related to their mission of spreading the idea of robotics and female participation in the Science, Technology, Engineering, and Mathematics (STEM) fields; presentation of certificates of recognition.
Pink Lady Hornets - Page 1
Pink Lady Hornets - Page 2
2.   Receive presentation from Nueces County Risk Management related to the refund of the 2013 Worker's Compensation Premium from the Texas Association of Counties.
Refund Check
3.   Discuss and consider approving the Early Voting Calendar for the May 27, 2014 Primary Runoff Elections.
Runoff EV Calendar
4.   Discuss and consider approval of the 2014-2015 Budget Planning Calendar, and related matters.
Proposed Calendar
Monthly Calendars
5.   Discuss and consider authorizing County Judge to provide written notice to Global Spectrum, LP extending the term of the Management Agreement an additional two (2) years, with term to expire at 11:59 p.m. on September 30, 2016.
6.   Discuss and consider approval of proposed 2014 projects to be funded under the Regional Transportation Authority (RTA) Street Improvement Program.
FY2014 Project List
7.   Discuss and consider approval of the following items related to the Nueces County Investment Policy:
a.  Approve Investment Vendors as recommended by the Investment Committee.
b.  Adopt a resolution acknowledging the annual review of the Nueces County Investment
     Policy and Strategies and approving changes to the Policy and Strategies.
Resolution on Policy
Exhibit A to Resolution
Exhibit B to Resolution
8.   Discuss and consider adopting final amendments to Nueces County's Order Adopting Rules of Nueces County, Texas, for On-Site Sewage Facilities and related matters.
OSSF Order
TCEQ Approval Letter
9.   Discuss and consider approval of Change Order No. 1 with MAC Inc. for an increase of $30,300.00 on the PJ's Marina Improvements Phase II.
PJ's Marina Improvements Phase II - CO#1
1.   Discuss and consider reclassification of the ID Section, Dept. 3710, Lieutenant Position, to a Captain Position.
Captain-ID Job Description
1.   Discuss and consider submission of a grant application to the Office of Justice Programs (OJP) Bureau of Justice Assistance (BJA) for the 2014 Bulletproof Vests Partnership program.
2.   Discuss and consider authorizing submission of a grant application to the Bureau of Justice Assistance (BJA) under the FY 2014 State Criminal Alien Assistance Program (SCAAP) for reimbursement of costs related to incarcerating undocumented criminal aliens.
3.   Authorize execution of Cost-Share Matching Funds Commitment and Space Match Requirements for the Better Living for Texans Reimbursement Program.
BLT Cost Share Agreement
4.   Discuss and consider the execution of Amendment No. 2 to Subrecipient Grant Agreement GLO Contract No. 13-050-000-6917 Coastal Management Program (CMP) Cycle 17 for the Upper Oso Watershed at LyondellBasell project.
CMP 17 Amendment #2
5.   Discuss and consider adoption of a resolution restricting mining and surface drilling at LyondellBasell Park, as required by the Texas Parks and Wildlife Department.
Resolution - Mining & Drilling
6.   Discuss and consider the execution of a resolution dedicating wetlands/open space/parkland in LyondellBasell Park, as required by the Texas Parks and Wildlife Department.
Resolution Open Space
7.   Discuss and consider the ratification of submission of a project proposal to the Coastal Bend Bays and Estuaries Program for consideration of grant funding for the Packery Channel Nature Preserve Park project.
Packery Channel Proposal
1.   Discuss and consider a Supplemental Agreement for the extension of the Engineering Services Contract with Naismith Engineering, Inc., for the monitoring and sampling of storm water in the rural areas.
Naismith Engineering Inc., letter
Supplemental Agreement No. 2
2.   Discuss and consider authorizing the Department of Public Works to inspect the reconstruction of roads in the Royal Estates Subdivision.
Plat of Royal Estates
Letter from Developer
Proposed Cross Section
1.   Authorize a DIR Contract No. DIR-SDD-1777 purchase for cell phone equipment and service from AT&T.
Cell phone evaluation
ATT quote
2.   Authorize DIR Contract No. DIR-SDD-1369 purchase for Voice Gateways/Routers for remote sites from Insight for the IT Department.
DIR Insight
Cisco Routers Funding
3.   Authorize Buyboard Contract No. 358-10 purchase of two 2014 Chevrolet Impalas and one Chevrolet 3500 Express Passenger Van from Caldwell Country.
Buyboard quote
4.   Authorize TASB BuyBoard State Contract No. 430-13 purchase from Caldwell Country for three 2014 Chevrolet Tahoes for the Sheriff’s Office.
Buyboard 3 Tahoes
5.   Discuss and Award RFP No. 2955-14 Property, Casualty, and Auto Liability Insurance.
RFP 2955-14 Proposal Tab
1.   Approve Budget Change Order No. 11 for Fiscal Year 2013-2014.
BCO #11 List
BCO #11 Backup
2.   Quarterly Investment Report for period ending December 31, 2013.
3.   Presentation of Annual Financial Report for Fiscal Year ended September 30, 2013 and 6-month analysis of Fiscal Year 2013-2014.
AFR Presentation
March report
March Report Fund 10
4.   Receive report and management letter from the outside auditor, Ernest R. Garza, CPA, on the audit for the fiscal year ended September 30, 2013.
Ernest R Garza & Company, PC - Management Letter FYE 9/30/2013
5.   Approve Monthly Financial Report for period ending January 31, 2014.
MFR January 2014
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.   Discuss and consider settlement demand and status of Civil Action 2:14-CV-66; Adam Balle v. City of Corpus Christi, Nueces County, Texas, CCPD Officer A. Salines or A. Salinas #9163 and CCPD Officer B. Perriaz #8738 and CCPD Officer A. Salinas #1362, Ten John Doe Defendants and Ten Jane Doe Defendants, in the United States District Court of the Southern District of Texas, Corpus Christi, Division; and related matters.
B.   Discuss and consider claim and settlement demand of Roderick Hornsby; and related matters.
C.   Consult with County Attorney to discuss and consider status of Cause No. 06-6073-F, Steve Schwerin v. Nueces County Juvenile Board, et al., in the District Court of Nueces County 214th Judicial District (Hon. Alex Gabert, by assignment), and Case No. 13-13-346-CV, in the Thirteenth Court of Appeals of Texas; and related matters.
D.   Consult with County Attorney to discuss and consider status of Civil Action No. 2:12-CV-131, Nueces County, Texas, et al v. MERSCORP Holdings, Inc., Mortgage Electronic Registration Systems, Inc., and Bank of America, In the United States District Court for the Southern District of Texas, Corpus Christi division, and related matters.
E.   Consult with County Attorney to discuss and consider status of Cause No. 2012-DCV-0044-G; Jesus Arriaga v. the Nueces County Civil Service Commission, In the District Court of Nueces County, Texas, 319th Judicial District; and related matters.
F.   Discuss and consider claim and settlement demand of Elizabeth Garcia; and related matters.
G.   Discuss and consider settlement demand and status of Civil Action No. 2:13-CV-26, Catherine Cheek and Gilmer L. Cheek, Individually and as Personal Representatives of the Estate of Gregory L. Cheek, Deceased, and Corin Elizabeth Ceja, as Guardian and Custodian of P.E.C., a minor child, v. Nueces County, Texas; Nueces County Sheriff Jim Kaelin, Individually; Naphcare, Inc.; Daniela Badea-Mic, M.D.; Suzan Salter, P.A.; and Gilberto Maldonado, M.D.; In the United States District Court for the Southern District of Texas, Corpus Christi Division.
H.   Discuss and consider status of Cause No. 09-05990-C, San Patricio County, Texas v. Nueces County, Texas, and Nueces County Appraisal District, In the 94th Judicial District Court of Nueces County, Texas, and related matters.

Adjournment in Memory (upon request)

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