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 NUECES COUNTY, TEXAS
COMMISSIONERS COURT AGENDA

NOTICE OF PUBLIC MEETING

 

NOVEMBER 14, 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.

*PUBLIC HEARING - The Commissioners Court will conduct a public hearing at 9:15 a.m. related to the possible adoption of an Order creating a juvenile curfew in the unincorporated areas of Nueces County.

*At the conclusion of Commissioners Court, Road District IV will convene.

 
                   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
                   BRENT CHESNEY       COMMISSIONER, PRECINCT NO. 4

 

 

KARA SANDS, 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.   RECESS COMMISSIONERS COURT MEETING

OPEN PUBLIC HEARING

PUBLIC HEARING
- The Commissioners Court will conduct a public hearing to receive public comments on the possible adoption of an Order creating a juvenile curfew in the unincorporated areas of Nueces County.

CLOSE PUBLIC HEARING

RECONVENE COMMISSIONERS COURT MEETING
E. Approve the following Minutes:
1.   October 25, 2017
Attachments
October 25, 2017 minutes
F. Present the following Certificate(s) of Appreciation:
1.   Commissioner Joe A. Gonzalez - Certificate of Appreciation from the West Oso Independent School District.
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 October 24, 2017 - November 3, 2017.
Attachments
Manual CkReg
B.   Authorize payment of bills - regular bill summaries dated October 20, 2017, October 27, 2017, October 31, 2017, November 3, 2017 and November 10, 2017.
Attachments
Ck Reg 10-20-17
Ck Reg 10-27-17
Ck Reg 10-31-17
Ck Reg 11-03-17
Ck Reg 11-10-17
C.   Authorize payment of bills - special motions list dated November 14, 2017.
Attachments
Special Motions List
Special Motions Backup
D.   Approve personnel actions of a budgeted nature:
1.  Temp List #425
2.  Unfreeze List #767
3.  Personnel changes reports dated October 20, 2017, October 27, 2017 and November 3, 2017.
Attachments
Temp List #425
Unfreeze List #767
Personnel Change Report - 10-20-17
Personnel Changes Report - 10-27-17
Personnel Changes Report - 11-03-17
E.   Authorize payment of bills - group health insurance claims and fees:
1.  Health Smart dated October 19, 26 and 27, 2017 run out claims
2.  Boon Chapman dated October 24 and 31, 2017.
Attachments
Group Health - Health Smart wkly Oct 19-27
Group Health - Boon Champman Oct 24 - 31
F.   Accept the following FY 2016-2017 Outside Agency; Family Protection Fee and Diabetes Reports:
1.   Amistad Community Health Center
2.   Children's Advocacy Center of the Coastal Bend
3.   Coastal Bend Bays & Estuaries Program, Inc.
4.   Corpus Christi Police Officer's Association
5.   Del Mar College Foundation
6.   Mission of Mercy
7.   Nueces County CPS Community Partners Board
8.   SCORE
9.   The Ark Assessment Center & Emergency Shelter
10.  Wesley Community Center 
11.  Women's Shelter of South Texas
Attachments
Amistad Community Health Center - FY16-17 Outside Agency Report
Children's Advocacy Center of the Coastal Bend - Fy16-17 Family Protection Fee Report
Coastal Bend Bays & Estuaries Program, Inc. - FY16/17 Outside Agency Report
Corpus Christi Police Officers' Association - FY16/17 Outside Agency Report
Del Mar College Foundation - FY16/17 Outside Agency Report
Mission of Mercy - FY16/17 Outside Agency Report
NC CPS Community Partners Board - FY16/17 Outside Agency Report
NC CPS Community Partners Board FY16/17 Family Protection Fee Report
SCORE - FY16-17 Outside Agency Report
The Ark Assessment Center & Emergency Shelter - FY16-17 Outside Agency Report
Wesley Community Center - FY16-17 Outside Agency Report
Wesley Community Center - FY16-17 Diabetes Report
Women's Shelter of South Texas - FY16-17 Outside Agency and Family Protection Fee Report
G.   Approve the application procedure for the following Nueces County Advisory Boards:
1. Christus Spohn Health Board of Trustees;
2. Nueces County Beach Management Advisory Committee;
3. Port of Corpus Christi Authority of Nueces County.
Attachments
Christus Spohn Bd. of Trustees
NC Beach Management Adv. Committee
Port of CC Authority
H.   Authorize DIR Contract No. DIR-TSO-2542 purchase for one year SMARTnet maintenance ending September 30, 2018 from Insight Networking for the IT Department.
Attachments
DIR Insight quote
I.   Approve a Sole Source purchase with CBM Archives for the annual TokOpen software and Web module and maintenance support renewal for the period October 1, 2017 to September 30, 2018 for the Courthouse.
Attachments
CBM Archives agreement
J.   Authorize TASB BuyBoard State Contract No. 461-14 purchase with ProTech Mechanical, Inc. to replace 80 dampers and 27 aluminum control dampers for the Courthouse and Jail.
Attachments
ProTech Dampers quote
K.   Authorize a purchase with Shoreline Plumbing Co. to install a waterline and fire hydrant at the Padre Balli to comply with City of Corpus Christi fire code.
Attachments
Shoreline Plumbing quote
L.   Ratify an executed letter for medical run-out claims for 6 months with Health Smart.
Attachments
Healthsmart runout
M.   Ratify the execution of an agreement with Boon Chapman for RFP No. 3042-17 Third Party Administration (TPA).
Attachments
TPA Agreement
N.   Ratify the execution of an agreement with Boon Chapman for RFP No. 3043-17 National Network or Primary and Secondary Network.
Attachments
RFP 3043-17 Agreement
O.   Approve execution of Amendment No. 4 with EPIC Aviation, LLC for IFB No. 2947-13 aviation fuel for Nueces County Airport.
Attachments
IFB 2947-13 amendment 4
P.   Approve execution of Amendment No. 1 with LNV, Inc. for RFQ No. 3009-16 Engineering Services for surface water lines & connections in The Ranch Colonia.
Attachments
RFQ 3009-16 Amendment 1
4.

REGULAR AGENDA:

A.

AGENDA ITEMS

1.   Canvass and declare the results of the November 7, 2017, Constitutional Amendment Election in accordance with Chapter 67 of the Texas Election Code.
2.   Motion to rescind Order adopting updated Guidelines and Criteria for Temporary Tax Abatement approved November 1, 2017;  Discuss and consider adoption of an Order adopting updates to the Nueces County Guidelines and Criteria for Granting Temporary Property Tax Abatements.
Attachments
Guidelines of Adoption of the Guidelines
Abatement Guidelines
3.   Receive a presentation from Amy Rhoads Granberry, Chief Executive Officer, Charlie's Place Recovery Center, on the FY 2016-2017 activities; and approve FY 2017-2018 contract.
Attachments
Charlie's Place Recovery Center - FY16-17 Report
Charlie's Place Recovery Center - FY17/18 Contract
1295 Form - Charlie's Place Recovery Center
4.   Discuss and consider adoption of a juvenile curfew order applicable to the unincorporated areas of Nueces County in accordance with Texas Local Government Code §351.903.
Attachments
Juvenile Curfew Order
5.   Discuss and consider the approval of Change Order No. 2 with Largin Construction Services. LLC, to increase the contract amount and additional days needed to complete the project relating to the Bishop County Building Renovation (Old fire station section).
Attachments
Largin Change Order 2
6.   Discuss and consider naming the new Nueces County Airport Terminal the "County Judge Loyd Neal Airport Terminal."
7.   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.
Attachments
Burn Ban Resolution
8.   Discuss and consider the hiring of Richard Schechter and his legal team; or Senator Juan Hinojosa and his legal team; or Richard Dodd and his legal team; or Simon Purnell and his legal team; or Kathryn Snapka and her legal team; or Ron Armstrong II and his legal team to represent Nueces County in the opioid litigation, and related matters.
B. GRANTS
1.   Discuss and consider the approval of Construction Contract Change Order No. 1 with Infinity Operations and Installations (Contract #20170122) for The Ranch Colonia project.
Attachments
Change Order No. 1 with Infinity Operations and Installations (Contract #20170122)
2.   Discuss and consider the execution of an interlocal agreement between Nueces County and the Community Supervisions and Corrections Department in relation to the FY2018 Technical Support Grant/Pre-Trial Assessment Initiative.
Attachments
Interlocal Agreement with CSCD re: Pre-Trial Assessment Initiative
3.   Discuss and consider the execution of a Notice of Subrecipient Grant Award from the Texas Division of Emergency Management for the FY 2017 Emergency Management Performance Grant program.
Attachments
FY2017 EMPG Grant Award
C. PUBLIC WORKS
1.   Discuss and consider approval of a rate increase for residental solid waste collection in the rural areas of Nueces County.
Attachments
Absolute Waste Services, Inc.
Modification to Rates
2.   Discuss and consider approval of Change Order No. 7 for the McKinzie Jail Annex Dormitory Renovation project.
Attachments
Change Order No. 7
Letter Progressive Structures, Inc.
Form 1295
3.   Rescind Change Order No. 2 for the ADA Modifications - Calderon Building.
Attachments
Change Order No.2
D. PURCHASING
1.   Discuss and award IFB 3057-17 Hilltop Complex Parking Lot & Drainage Improvements.
Attachments
IFB 3057-17 Bid Tab
2.   Discuss and award IFB 3040-17 Nueces County ADA Modifications Hilltop Community Center, Commissioner Office, Pass It On Building, Bill Bode Building.
Attachments
IFB 3040-17 Bid Tab
E. AUDITOR
1.   Approve Budget Change Order No. 3 for Fiscal year 2017-2018.
Attachments
BCO #3 List
BCO #3 Backup
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 authorizing the filing of a Third Party Petition against Naphcare for declaratory action and breach of contract as part of Civil Action No. 2:14-CV-66, Adam Balle v. City of Corpus Christi, et al, In the United States District Court for the Southern District of Texas, McAllen Division, and related matters.
B.   Authorize payment of the Bill of Costs $1,399.50 associated with the mandate issued by the Thirteenth Court of Appeals in Cause No. 16-0453, Nueces County, Texas, and Nueces County Appraisal District v. San Patricio County, Texas, Texas Supreme Court, on appeal from Case No. 13-14-00293-CV, in the Thirteenth Court of Appeals (Action Item). Consult with the County Attorney regarding Cause No. 16-0453, Nueces County, Texas, and Nueces County Appraisal District v. San Patricio County, Texas, Texas Supreme Court, on appeal from Case No. 13-14-00293-CV, in the Thirteenth Court of Appeals, and related matters.
C.   Discuss and consider authorizing Nueces County to sue opioid drug manufacturers, promoters, and distributers responsible for causing and contributing to an epidemic of opioid addiction in Nueces County, including but not limited to Purdue Pharma, Endo Pharmaceuticals, Janssen Pharmaceuticals, Insys Therapeutics, the McKesson Corporation, Cardinal Health and AmerisourceBergen for violations of the DTPA, fraud, unjust enrichment, negligence, violations of the federal Controlled Substances Act, civil conspiracy and any other related causes of action, and related matters.
D.   Discuss and consider selection of Nueces County Risk Manager.
6.

BOARD APPOINTMENTS:

A.   Nueces County Airport Advisory Board
Attachments
Nueces County Airport Advisory Bd
Kelly Harlan-Resignation from Airport Bd.
Sam Dalton - Airport letter of request
B.   Nueces County Child Welfare Board
Attachments
Nueces County Child Welfare Board
Brande Flamez - application
Sandra D. Graven - letter of request
Jackie Hasson - letter of request
Patricia Prewit - Child Welfare-letter
Ingrid Spear-application Child Welfare
Teresa L. Young - letter and resume
C.   Appoint the Chairperson of the Nueces County Beach Management Advisory Committee.
 



CONVENE MEETING OF ROAD DISTRICT IV:

A.  EXECUTIVE SESSION: PUBLIC NOTICE is given that Road District IV may elect to go into 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 Road District IV 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 office. 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, Road District IV 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 Executive Session.  Upon completion of the Executive Session, Road District IV may in an open session take such action as appropriate on items discussed in an Executive Session.
A.   Ratify the hiring of David Z. Conoly, and his firm David Z. Conoly, P.C., to provide legal representation to Nueces County Road District IV concerning sale of real property to the Port of Corpus Christi Authority and related matters; ratify approval of the legal representation agreement, authorize the County Judge to sign the legal representation agreement on behalf of the Road District IV and related matters.
Attachments
David Conoly Agreement
1295 Form - Conoly
B.   Discuss and consider adopting a resolution designating Nueces County Road No. 4 (also known as Causeway Property) and real property located at Harbor Island, Nueces County as no longer used for Road District purposes.
Attachments
Resoution - Causeway
Exhibit A
C.   Discuss and consider authorizing the County Judge on behalf of Road District IV to execute a Real Estate Sales Contract with the Port of Corpus Christi Authority of Nueces County, Texas for sale of Nueces County Road No. 4 (also known as Causeway Property) and real property located at Harbor Island, Nueces County.
Adjourn Road District IV Meeting.

Adjournment in Memory (Upon Request)

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