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AUGUST 9, 2017

The Nueces County Commissioners Court will meet on the above date at 9:15 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
                   JOHN MAREZ       COMMISSIONER, PRECINCT NO. 3





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.   July 26, 2017
July 26, 2017 minutes

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

1.   United Way 2017 Campaign Kickoff
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 July 15, 2017 - July 31, 2017.
Manual CkReg
B.   Authorize payment of bills - regular bill summaries dated July 21, 2017, July 28, 2017, July 31, 2017 and August 4, 2017.
Ck Reg 07-21-17
Ck Reg 07-28-17
Ck Reg 07-31-17
Ck Reg 08-04-17
C.   Authorize payment of bills - special motions list dated August 9, 2017.
Special Motions List
Special Motions Backup
D.   Authorize payment of bills - group health insurance claims and fees dated July 20-27, 2017.
Group Health - Jul wkly
E.   Authorize payment of Pcard purchases for the month of June 2017.
PCard - June 2017
F.   Approve personnel action of a budgeted nature:
1.  Temp List No. 419
2.  Unfreeze List No. 760
3.  Personnel Changes Reports dated July 21, 2017 and July 28, 2017.
Temp List No. 419
Unfreeze List No. 760
Personnel Changes Report 07-21-17
Personnel Changes Report 07-28-17
G.   Ratify Interlocal Agreement with the Coastal Bend Council of Governments, related to the development, planning, operation and provision of 9-1-1 Public Safety Answering Points.
Cover Letter from COG
Interlocal Agreement - COG
H.   Approve an order regarding the lease of a 4,800 square foot hangar building (“Multi-aircraft Hangar”) at 3983 Wings Drive, Robstown, Texas: a) make a finding of the method of procurement (Texas Local Government Code-Section 263.007 (a),(b)(1)-(4)) for the lease of county property through a sealed-bid procedure; b) adopt a sealed bid procedure for this lease of county property as set out in this Order and authorize and direct the purchasing agent to carry out the Bid Procedure and take such other action needed in her opinion be necessary for carrying out this procedure; c) authorize the purchasing agent to publish notice for sealed bid under Section 263.007 of the Texas Local Government Code; d) appoint the purchasing agent as the designated representative to evaluate the bids submitted under Section 263.007 of the Texas Local Government Code.
Order for Multi-aircraft hangar
I.   Approve execution of an agreement with Arnold Oil Company for IFB No. 3047-17 Motor Oil and Lubricants.
IFB 3047-17 agreement
J.   Approve execution of an agreement with Ergon Asphalt & Emulsions, Inc. for IFB No. 3049-17 AE-P Ergon Material.
IFB 3049-17 agreement
K.   Approve execution of an agreement with Martin Marietta Material for IFB No. 3050-17 LRA (Limestone Rock Asphalt) Base, Type A, Grade 2.
IFB 3050-17 agreement
L.   Approve execution of an agreement with Ergon Asphalt & Emulsions, Inc. for IFB No. 3051-17 HFRS-2 Emulsified Asphalt.
IFB 3051-17 agreement
M.   Approve execution of Amendment No. 1 to the agreement with Martin Marietta Materials for IFB No. 3023-16 Aggregate Type PB, Grade 3 LRA.
IFB 3023-16 Amendment 1
N.   Approve execution of Amendment No. 1 to the agreement with Edward Jungmann Farms for IFB No. 2952-14 Farmland for Lease - Nueces County Airport 119.91 Acres.
IFB 2952-14 Amendment 1
O.   Approve application procedure for the following Nueces County Advisory Boards:
 1. Nueces County Hospital District Board of Managers
 2. Nueces County Special Task Unit of Adult Protective Services
 3. Regional Transportation Authority
Nueces County Hospital District
NC Special Task Unit of Adult Protective Services
Regional Transportation Authority
P.   Authorize a TASB BuyBoard State Contract No. 521-16 purchase from Caldwell Country for two 2018 Chevrolet 1500 Silverados for the Sheriff’s office.
Buyboard 2018 Silverado




1.   Receive calculations of the effective tax rate, the rollback tax rate and the fund balances for Nueces County, Nueces County Farm to Market, and Nueces County Hospital District for 2017.
2017 Tax Rate Calculations
2.   Discuss and consider the following related to the County depository and the County and District Clerk Court Registry Funds:
a. Qualification of Frost National Bank as depository for the County and the
    County and District Clerk Court Registry Funds.
b. Resolutions/Orders designating Frost National Bank as depository for the County
    and the County and District Clerk Court Registry Funds.
c. Resolutions designating signatories pursuant to proposed security agreement(s) with
    Frost National Bank.
d. Execution of depository agreement(s), security agreement(s) and related agreements
    for the County and the County and District Clerk Court Registry Funds with Frost
    National Bank.
Frost Designation Order
Frost Trust Designation Order
Signatory for depository
Signatory for registry
Frost Depository Agreement
Frost Court Registry Agreement
Frost Depository Security Agreement
Frost Registry Security Agreement
1295 Frost Bank
3.   Receive a presentation from the Nueces River Authority on the invasive species Arundo donax.
4.   Receive an update and approve adoption of the Multi-Jurisdictional Hazard Mitigation Action Plan.
Resolution adopting HMAP
Hazard Mitigation Plan
5.   Receive a presentation from the County ADA Coordinator on Nueces County's July 2017 report to the U.S. Department of Justice related to the Settlement Agreement under the Americans with Disabilities Act DJ # 204-74-348.
6.   Discuss and consider adopting an Order prohibiting outdoor burning in the unincorporated areas of Nueces County, pursuant to Section 352.081 of the Texas Local Government Code.
Burn Ban Order
7.   Discuss and consider adopting a resolution in opposition to Senate Bill 4, 85th Regular Session of the Texas Legislature.
Resolution opposing SB4
1.   Rescind an order executed on May 31, 2017 approving a Principal Forgiveness Agreement with the Texas Water Development Board for construction funding in relation to the Cindy Park Colonia project, which authorized the County Judge to execute this agreement; rescind the May 31, 2017 execution of a Note pursuant to the Principal Forgiveness Agreement; and rescind the May 31, 2017 execution of an Escrow Agreement with Value Bank Texas in accordance with the Principal Forgiveness Agreement with the Texas Water Development Board.
2.   Adopt an order approving a Principal Forgiveness Agreement with the Texas Water Development Board for construction funding in relation to the Cindy Park Colonia project and authorize the County Judge to execute this agreement; approve execution of a Note pursuant to the Principal Forgiveness Agreement; and approve execution of an Escrow Agreement with Value Bank Texas in accordance with the Principal Forgiveness Agreement with the Texas Water Development Board.
Comm Crt Order
Principal Forgiveness Agreement
Escrow Agreement
1.   Discuss and consider approval of a Subdivision Construction Agreement, including an Irrevocable Letter of Credit, with B & A Terra Firma Development, LLC for the Nottingham Acres Unit 2 subdivision.
Subdivision Construction Agreement
Form 1295
2.   Discuss and consider the approval of Change Order No. 3 for the McKinzie Jail Annex Dormitory Renovation project.
Change Order No. 3
Backup Material
Form 1295
3.   Discuss and consider: (1) selection of LNV, Inc. to design a Web Based Control System for the heating, ventilation and air conditioning (HVAC) at seven County Buildings; and (2) approve an Engineering Services Contract for the design services.
Engineering Services Contract
Form 1295
4.   Discuss and consider a TIPS contract no. 1012116 cooperative purchase with PSI to furnish and install Honeywell Webs N4 controllers for seven County buildings.
PSI proposal
5.   Discuss and consider approval of Supplemental Agreement No. 2 to an Engineering Services Contract with International Consulting Engineers for the preparation of Plans, Specifications and Construction Phase Services associated with the County Road 69 Drainage Improvements project.
Supplemental Agreement No. 2-CR69
Form 1295
Engineering Services Contract
Supplemental Agreement No. 1
6.   Discuss and consider authorizing publication of legal notice in the Caller Times newspaper for a Public Hearing to consider modifications to the existing Dune Protection Line, pursuant to the Nueces County Beach Management Plan.
Caller Times Notice
1.   Discuss and award IFB No. 3048-17 Berlanga Community Center Renovations.
IFB 3048-17 bid tab
2.   Discuss and award IFB No. 3039-17 Hilltop Complex Parking Lot & Drainage Improvements.
IFB 3039-17 Bid Tab
3.   Discuss and consider adoption of revisions to the Nueces County Procurement Card Program (P-Card) Policy.
P-Card policy redline
1.   Approve Budget Change Order No. 18 for Fiscal Year 2016-2017.
BCO #18 List
BCO #18 Backup
2.   Discuss and consider the Premium rates for Health and Life insurance for the 2017-2018 fiscal year.
Approved Health-Life 16-17
Proposed 17-18 Health Life Rates
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 the settlement demand from Claims Management Resources regarding their property-damage claim, and related matters.
B.   Consult with attorney and receive legal advice concerning the office lease located at 4626 Weber Road, Corpus Christi, Texas; discuss and consider any legal remedies, including forwarding notice letter.
C.   Consult with the County Attorney regarding the status of Master File No. D-1-GN-16-000370; In Re Volkswagen Clean Diesel Litigation: TCAA Enforcement Case; 353rd District Court of Travis County, Texas and related matters; Discuss and consider an Order Authorizing the County Judge to Execute a Waiver of Claims for Injunctive Relief.

Adjournment in Memory (upon request)

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