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 NUECES COUNTY, TEXAS
COMMISSIONERS COURT AGENDA

NOTICE OF PUBLIC MEETING

 

December 17, 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

 

 

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 18, 2014
Attachments
Minutes for Nov. 18, 2014
E.

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

1.   Order permitting the temporary usage of County Road 40 from Robstown City Limits to County Road 1694 (Callicoatte Road) as requested by the Nueces County Junior Livestock Show for the purposes of having a 5 kilometer run on January 10, 2014.
Attachments
Order to close CR 40
2.   Requesting the State of Texas to expand accessibility to healthcare in Texas through alternative programs and Medicaid expansion.
Attachments
Resolution - Healthcare Expansion
Economic Analysis - Healthcare Expansion
3.   Support of Legislation for Deposit System for Aluminum, Glass, and Plastic Beverage Containers.
Attachments
Resolution - Deposits for Beverage Containers
Request Letter
County and City Endorsements
4.   In Opposition to House Bill 365 and Senate Bill 182 - Lowering Rollback Rate to 4%.
Attachments
Resolution in Opposition to HB 365
House Bill Text
F. Present the following Certificate(s) of Recognition:
1.   Noelia G. Pacheco - Community Services, retiring after 27 years of service to Nueces County.
Attachments
Certificate
2.   Virginia R. Garza - Community Services, retiring after 27 years of service to Nueces County.
Attachments
Certificate
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 December 9, 2014.
Attachments
Manual ckreg
B.   Authorize payment of bills - regular bill summaries dated November 21, 2014 B; November 26, 2014; December 5, 2014; December 8, 2014; and December 12, 2014.
Attachments
ckreg 11/21/14B
ckreg 11/26/14
ckreg 12/5/14
ckreg 12/8/14
ckreg 12/12/14
C.   Authorize payment of bills - group health insurance claims and fees - TPA weekly check register: November 20, 2014 to December 4, 2014.
Attachments
Group Health
D.   Approve the monthly revenue reports in accordance with LGC 114.044 - October 2014.
Attachments
Revenue Report - October
E.   Authorize payment of bills - special motions list dated December 17, 2014.
Attachments
Special Motions List
Special Motions Backup
F.   Approve personnel actions of a budgeted nature:
  1.  Application Temporary List No. 366
  2.  Unfreeze List No. 699
  3.  Personnel Changes reports dated November 28, 2014 and December 5, 2014.
Attachments
Temp #366 List
Unfreeze #699
PC 11/28/14
PC 12/5/14
G.   Approve and accept donations (list attached) to the county in accordance with LGC 81.032.
Attachments
Donation 2000
H.   Approve and accept donations (list attached) to the county in accordance with LGC 81.032.
Attachments
Donations
I.   Approve the following bonds of elected officials:      
  1.  County Judge 
  2.  Judge, County Court at Law No. 1 
  3.  Judge, County Court at Law No. 2 
  4.  Judge, County Court at Law No. 3
  5.  Judge, County Court at Law No. 4
  6.  Judge, County Court at Law No. 5
  7.  Commissioner, Precinct 2
  8.  Commissioner, Precinct 4 
  9.  County Clerk 
10.  District Clerk 
11. Justice of the Peace, Precinct 1, Place 2
12. Justice of the Peace, Precinct 1, Place 3
13. Justice of the Peace, Precinct 2, Place 2 
14. Justice of the Peace, Precinct 3
15. Justice of the Peace, Precinct 4
16. Justice of the Peace, Precinct 5, Place 2 
Attachments
CountyJudge
JudgeCCAL1
JudgeCCAL2
JudgeCCAL3
JudgeCCAL4
JudgeCCAL5
CommissionerPct2
CommissionerPct4
CountyClerk
District Clerk
JP Pct1 Place2
JP Pct1 Place3
JP Pct2 Place2
JP Pct3
JP Pct4
JP Pct5 Place2
J.   Accept the "Outside Agency" Report for FY 2013-2014 for Spaulding for Children.
Attachments
Spaulding for Children - FY13/14 Outside Agency Report
K.   Approve the application procedure to fill unexpired term on the Christus Spohn Health Board of Trustees.
Attachments
Christus Spohn Board
Letter of resignation Richard Bowers
L.   Approve the application procedure to fill unexpired term on the Behavioral Health Center of Nueces County Board.
Attachments
Behavorial Health Center of Nueces County
Dr. Dolores Guerrero resignation letter
4.

REGULAR AGENDA:

A.

AGENDA ITEMS

1.   Receive a report from Linebarger, Goggan, Blair & Sampson, LLP, on delinquent tax collections.
2.   Discuss and consider authorizing execution of Grant Agreement for Ed Rachal Foundation Grant Funding, Grant Number 2013-187, for the purpose of purchasing 3,680.32 acres on North Padre Island, Kleberg County from the Texas General Land Office for use as a public recreation area and related operations cost.
Attachments
E.Rachal Foundation - grant
3.   Discuss and consider application to purchase 3,680.32 acres of Permanent School Fund Land, North Padre Island, Kleberg County, from the Texas General Land Office and authorize the County Judge to sign application; acceptance of corresponding Deed without Warranty.
Attachments
GLO Letter re Sale
Application to purchase
Deed Without Warranty
Exhibit A - Deed
Exhibi B - Deed
Perpetual Easement
4.   Receive annual report from Diane Lowrance, Executive Director, on the activities of the Behavioral Health Center of Nueces County.
5.   Receive notice pursuant to Chapter 534 of the Texas Health and Safety Code of the Nueces County Behavioral Health Center's intention to purchase property for a satellite office in Flour Bluff on NAS Drive, Corpus Christi, Texas.
Attachments
Behavioral Health Center Notice Letter
Health and Safety Code - Chapter 534
6.   Discuss and consider adopting a resolution authorizing approval of a Local Project Advance Funding Agreement with the Texas Department of Transportation for Voluntary Local Government Contributions to Transportation Improvement Projects, specifically the US 181 Harbor Bridge Project.
Attachments
Resolution - Harbor Bridge 1
Funding Agreement - Harbor Bridge (final)
7.   Discuss and consider adopting an order approving a temporary tax abatement agreement with CCI Corpus Christi, LLC, (Castleton), pursuant to Chapter 312 of the Texas Tax Code.
Attachments
Order Approving Abatement - Castleton
Abatement - Castleton
Castleton Application for Incentives
Notice Letter - Castleton
8.   Discuss and consider authorizing the County Judge to execute an Office Lease Agreement between Nueces County and the Corpus Christi Regional Transportation Authority for the purpose of housing the County Human Services Office and County Veterans Service Office in the RTA Staples Street Service Center, and related matters.
Attachments
Staples Street Lease
9.   Discuss and consider the request of M&G Resins USA, LLC, for support of their application to establish and operate under Foreign Trade Zone No. 122 (Port of Corpus Christi).
Attachments
Request Letter M&G
Draft Letter to Port for Support of FTZ
10.   Discuss and consider authorizing the Nueces County Board of Park Commissioners to negotiate the terms and conditions of a lease of a tract of land not to exceed 5 acres, out of the Padre Balli Park with the Nueces County Emergency Services District No. 2 to be used for the construction and operation of an emergency services facility to serve North Padre Island; and to submit the negotiated lease to the Nueces County Commissioners Court for final approval.
11.   Receive information from Commissioner Precinct No. 1 on his decline of salary increases.
12.   Receive a briefing on current and ongoing preparedness activities related to Ebola Virus.
13.   Receive an update on Hurricane Ike reimbursement related to Bob Hall Pier. 
Attachments
Hurricane Ike Letter
Approximately 10:00 a.m. - Meeting of Road District No. IV

The Commissioners Court will recess and reconvene as the Board of Commissioners of Road District No. IV.
14.   Adopt a Resolution designating approximately 7 (seven) acres of Road District IV property as no longer used for Road District purposes; and discuss and consider approval of Lease Agreement with Martin Operating Partnership, LP, for lease of approximately 7 acres of Road District IV property on Harbor Island; and authorize execution by County Judge on behalf of Road District IV, and related matters.

Commissioners of Road District No. IV will adjourn.

Nueces County Commissioners Court will reconvene.
Attachments
Resolution - Road District IV Property
Martin Lease
Exhibit A - Martin Lease
15.   Discuss and consider execution of agreements with Thomson Reuters (West) for Nueces County Law Library Patron Access and Law Library Maintenance Agreement.
Attachments
Patron Access Agreement
Law Library Maintenance Agreement
Savings Chart
16.   Discuss and consider approval of the Nueces County Commissioners Court 84th Legislative Session Agenda.
Attachments
Legislative Agenda
B. GRANTS
1.   Discuss and consider authorizing the submission of a grant application to the Texas Homeland Security State Administrative Agency for FY 2015 Local Border Security Program.
2.   Ratify the execution of Amendment No. 1 to Subrecipient Grant Agreement GLO Contract No. 13-147-000-7235 Habitat Restoration and Conservation at Packery Channel project, part of the Coastal Impact Assistance Program (CIAP) grant program.
Attachments
Coastal Impact Assistance Program Amendment
C. PUBLIC WORKS
1.   Discuss and consider submission of a Brownfields Response Program (BRP) application with the Railroad Commission of Texas.
Attachments
RailRoad Commission of Texas Brownfields Response Program App. Form
2.   Discuss and consider approval of a Solid Waste Grant Interlocal Agreement with the Coastal Bend Council of Governments (COG).
Attachments
Resolution
COG Solid Waste Grant agreement
D. PURCHASING
1.   Discuss and award RFP No. 2968-14 Food Services at County Courthouse.
Attachments
RFP No. 2968-14 proposal tab
2.   Discuss and award IFB No. 2972-14 Nueces County Central Garage Complex Roofing Replacement-Phase II.
Attachments
IFB No. 2972-14 bid tab
3.   Discuss and award IFB No. 2974-14 Maintenance Hangar M-3 for Lease.
Attachments
IFB No. 2974-14 bid tab
4.   Discuss and award IFB No. 2975-14 sale of 6.5 acres of Held Industrial Tract; authorize the County Judge to execute the Quitclaim Deed.
Attachments
IFB No. 2975-14 bid tab
Quitclaim Deed
5.   Discuss and consider making a finding for the method of procurement (request of competitive bids); and authorize the purchasing agent to publish a notice for the sale of four (4) lots in the Tropic Park Subdivision; adopt an order.
Attachments
Order for sale of 4 lots
CAD Maps
Warranty Deed
6.   Discuss and consider making a finding for the method of procurement (request for qualifications) for engineering services to develop design plans and specifications for the installation of surface water lines and related household connections in the Cindy Park Colonia; authorize the Purchasing Agent to publish a notice; and adopt an order delegating evaluation authority to a selection committee.
Attachments
Order for surface water
E. AUDITOR
1.   Approve Budget Change Order No. 5 for Fiscal Year 2014 - 2015.
Attachments
BCO #5 List
BCO #5 Backup
2.   Discuss and consider establishing a Fraud Policy Committee to address any deficiencies and make necessary recommendations to the Fraud Policy.
Attachments
Fraud Policy Committee
3.   Discuss and consider authorizing the creation of an Autopsy Technician positon, Pay Group 16, and the deletion of two (2) temporary Autopsy Technician positions, and related matters.
Attachments
ME Letter of Request
ME Request Confirmation
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 to discuss the status of Civil Action No. 2:14-CV-134, Patrick Dixon v. Officer Gomez, in the United States District Court for the Southern District of Texas, Corpus Christi Division, and related matters.
B.   Discuss and consider Defendant’s second proposed settlement offer in Cause No. 2014-CCV-61698-4, Nueces County, Texas v. Integrity Communications, Ltd. and Bill Sugarek, in the Nueces County Court at Law No. 4, and related matters.
6.

BOARD ACTIONS:

A.   Nueces County Historical Commission
Attachments
Nueces County Historical Commission
Peggy Bickham - Historical Com.
John Lloyd Bluntzer - Historical Com.
Sarah Bowman - Historical Com.
Michael Carlisle - Historical Com.
Norman Delaney - Historical Com.
Paige Dinn - Historical Com.
Anita Eisenhauer - Historical Com.
William Havelka - Historical Com.
Karen Howden - Historical Com.
James Klein - Historical Com.
Mary Jo Robbins - Historical Com.
Penny Pillack - Historical Com.
Christine Robbins - Historical Com.
Mark W. Robbins - Historical Com.
Rex. H. Stever - Historical Com.
Kathy Wemer - Historical Com.
Helen Wilk - Historical Com.
Debbie Zuniga - Historical Com.
B.   Nueces County Emergency Services District No. 1
Attachments
NC ESD No. 1
Damien Forneris - ESD1
Kevin McDonald - ESD1
Kyle Luckenbach - ESD1
Danny Tate - ESD1
C.   Nueces County Emergency Services District No. 2
Attachments
NC Emergency Services District No. 2
Gary Graham - ESD2
Webster Pell - ESD2
Jennifer Welp - ESD2
D.   Nueces County Emergency Services District No. 3
Attachments
NC Emergency Services District No. 3
Brandon Benton - ESD3
Douglas Burroughs - ESD3
William (Bill) Chidester - ESD3
Justin Harris - ESD3
David Mason - ESD3
Tim Pollard - ESD3
E.   Nueces County Emergency Services District No. 4
Attachments
NC Emergency Services District No. 4
Frank Crawford - ESD4
Otis Grupe - ESD4
Paul Swetish - ESD4
F.   Nueces County Emergency Services District No. 6
Attachments
NC Emergency Services District No. 6
Susan Cude - ESD6
Marilyn Moerbe - ESD6
William J. Ordner - ESD6
G.   Discuss and consider removal of Bill Sugarek from the Nueces County Airport Advisory Board.

Adjournment in Memory (upon request)

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