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 NUECES COUNTY, TEXAS
COMMISSIONERS COURT AGENDA

NOTICE OF PUBLIC MEETING

 

September 5, 2012

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.

PUBLIC HEARING (Nueces County and Hospital District Budgets)

The Commissioners Court will conduct a public hearing on the proposed 2012-2013 Nueces County and Nueces County Hospital District Budgets.

CLOSE PUBLIC HEARING

REGULAR COURT MEETING

E.   Discuss and consider adoption of an Order approving the 2012 tax roll; setting the 2012 tax rates for Nueces County; and levying said tax rate against all taxable property in Nueces County for 2012.
Attachments
Nueces County Tax Order
F.   Receive information from the Director of Public Works on the cost per mile for maintaining county roads and total road maintenance expenditures by Commissioner's Precinct, and the role discretionary funds may play in maintaining county roads.
G.   Discuss and consider amending the proposed budget by eliminating the transfer of $150,000 to each Commissioner's Precinct and the County Judge, and transferring that $750,000 to the County Road Fund to be used for maintenance and repair of Roads and Bridges.
H.   Discuss and consider adopting an order rescinding prior year budget resolutions and orders.
Attachments
Order Rescinding All Prior Year Budget Resolutions & Orders
I.   Discuss and consider adoption of Orders and Resolutions related to the proposed 2012-2013 Nueces County Budget.
Attachments
Resolution regarding Interfund Loans
Budget Authority for Employee Positions
Resolution setting Travel Mileage & Per Diem Reimbursement Rate
Resolution - Financial Guidelines for RMB Fairgrounds
Order for Setting Fee for Permits for Right-Of-Way Crossings
Order Establishing Financial Guidelines for General Fund Reserves
Order Establishing Special Revenue Account for Sale of Fixed Assets
Order Creating Family Protection Fund
J.   Discuss and consider adoption of the 2012-2013 Nueces County Budget.
K.   Discuss and consider adoption of an Order approving the 2012 tax roll; setting the 2012 tax rate for the Nueces County Hospital District; and levying said tax rate against all taxable property in Nueces County for 2012.
Attachments
Nueces County Hospital District Tax Order
L.   Discuss and consider adoption of the 2012-2013 Nueces County Hospital District Budget.
M. Approve the following Minutes:
1.   August 8, 2012.
Attachments
August 8, 2012 minutes
2.   August 20, 2012.
Attachments
August 20, 2012 Special Meeting Minutes
N.

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

1.   Safety Resolution 2012 - in support of implementing accident prevention plans.
Attachments
Safety Resolution - 2012
2.   Hispanic Heritage Month, September 15, through October 15, 2012.
Attachments
Proclamation
Calendar of Events
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 register dated August 28, 2012.
Attachments
Manual ckreg
B.   Authorize payment of bills - regular bill summaries dated August 15, 2012; August 17, 2012; August 22, 2012; August 24, 2012; August 28, 2012; and August 31, 2012.
Attachments
ckreg 8/15/ 12
ckreg 8/17/12
ckreg 8/22/12
ckreg 8/24/12
ckreg 8/28/12
ckreg 8/31/12
C.   Authorize payment of bills - group health insurance claims and fees - TPA check register August 6, 2012 to August 17, 2012.
Attachments
Boon Chapman
D.   Authorize payment of bills - special motions list dated September 5, 2012.
Attachments
Special Motions list
Special Motions backup
E.   Approve the monthly revenue reports in accordance with LGC 114.044 dated July 2012.
Attachments
Revenue Report - July
F.   Accept the following "Outside Agency" Report for FY 2010-2011:
1. Texas Jazz Festival Society
Attachments
Texas Jazz Festival Society - FY10/11 Report
G.   Approve the following "Outside Agency" Contract:
1. Texas Jazz Festival Society - $5,500
Attachments
Texas Jazz Festival Society - FY11/12 Contract
H.   Accept the following "Diabetes" Reports for FY10/11:
1.  Calallen Independent School District
2.  Tuloso-Midway Independent School District
Attachments
Calallen ISD - FY10-11 Diabetes Report
Tuloso-Midway ISD - FY10-11 Diabetes Report
I.   Approve the following "Diabetes" Contracts:
1.  Calallen Independent School District - $3,000
2.  Tuloso-Midway Independent School District - $3,000
3.  Lead First (Amended Contract) - $1,750 additional funds
Attachments
Calallen ISD - FY11-12 Diabetes Contract
Tuloso-Midway -FY11-12 Diabetes Contract
Lead First - FY11/12 Amended Diabetes Contract
J.   Approve annual maintenance agreement with Intergraph for the Jail Management System in the amount of $104,866.26 for FY2012-13; and authorize prepayment of $7,759.20 from the Information Technology budget for FY2011-12 for the Oracle portion of the agreement.
Attachments
Intergraph Maintenance Terms
Sole Source Letter - Intergraph
Intergraph-Oracle Maint
Intergraph-I/LEADS Maint
K.   Ratify execution of the FY2012-13 SAVNS Maintenance Grant Contract and R-09 Service Agreement Renewal Notice related to the Texas VINE Program.
Attachments
Maintenance Renewal Notification
SAVNS MAINTENANCE GRANT CONTRACT
L.   Approve termination of marquee services contract with Capturion Network, dated December 14, 2011; approve new contract to coincide with the county fiscal year, October 1, 2012 through September 30, 2013.
Attachments
Ca0pturion Network - FY12/13 Contract
M.   Authorize/Execute a contract for IFB No. 2909-12 copy paper, computer paper, NCR paper, & envelopes with FasClampitt Paper Store.
Attachments
IFB 2909-12 contract
N.   Approve the following personal services agreement:
1. Robert Fledderman.
Attachments
Robert Fledderman - FY12-13
O.   Approve the application procedures for appointment to the following boards:
1.  Nueces County Animal Control Advisory Committee.
2.  Nueces County Hospital District Board of Managers.
3.  Nueces County Special Task Force of Adult Protective Services.
Attachments
NC Animal Control Advisory Committee
NC Hospital District Board of Managers
NC Special Task Unit of Adult Protective Services
4.

REGULAR AGENDA:

A.

AGENDA ITEMS

1.   Discuss and consider approving new agreements and amendments to existing agreements between the Nueces County Hospital District and Christus Spohn Health System Corporation; and authorize the County Judge to execute related documents:
a. Christus Spohn Health System Corporation Membership Agreement.
b. Fifth Amendment to the Master Agreement.
c. September 2012 Amendment to Lease Agreement.
d. Second Amendment to the Revised and Restated Indigent Care Agreement.
e. Memorandum of Understanding Related to Termination of the Membership Agreement.
Attachments
Christus Spohn Health System Corporation Membership Agreement
Fifth Amendment to the Master Agreement
September 2012 Amendment to Lease Agreement
Second Amendment to the Revised and Restated Indigent Care Agreement
Memorandum of Understanding Relating to Termination of the Membership Agreement
2.   Discuss and consider execution of a contract for RFP No. 2912-12 Cafeteria Administration, including Premium Only Plan (POP) & Enrollment/Billing Services.
3.   Discuss and consider execution of cooperative agreement with the Attorney General of Texas for the state case registry and local customer service contract for child support.
Attachments
AG Cover Letter
Cooperative Agreement with the AG
4.   Discuss and consider execution of a contract hiring Kendal B. Reed and the law firm of Anderson Tobin P.L.L.C., as local counsel in case No. 3:12-BK-34639-7, in Re Coastal Bend Professional Baseball Club, in the United States Bankruptcy Court, Northern District of Texas (Dallas Division), as required by the Court's local rules, authorize the county judge to sign the contract and related matters.
Attachments
Coastal Bend Professional Baseball Club LLC
B. HEALTH DEPARTMENT
1.   Discuss and consider executing a contract between the Corpus Christi-Nueces County Public Health District and the Department of State Health Services (DSHS) to continue clinical services in the amount of $394,188, for the period of September 1, 2012 to August 31, 2013; authorize the Director of the Corpus Christi-Nueces County Public Health District to sign on behalf of Nueces County.
Attachments
DSHS Contract
DSHS General Provisions Pt. 1
DSHS General Provisions Pt. 2
DSHS Attachment #1
DSHS Attachment #2
DSHS Attachment #3
Lobbying certificate
C. GRANTS
1.   Discuss and consider acceptance of a grant award from the Coastal Bend Community Foundation (CBCF).
Attachments
CB Community Foundation Grant Award
2.   Discuss and consider rescinding January 18, 2012 resolution and approving the execution of a resolution authorizing the submission of grant application to the Governor's Criminal Justice Division for the Juvenile Drug Court program.
Attachments
Resolution for Drug Court
3.   Discuss and consider the execution of a Grant Adjustment notice and terms and conditions with the Texas Department of Public Safety for the FY09 Operation Stonegarden Grant Program.
Attachments
Grant notice
D. AUDITOR
1.   Approve Budget Change Order No. 22 for Fiscal Year 2011-2012.
Attachments
BCO #22 list
BCO #22 backup
2.   Approve personnel actions of a budgeted nature:
  a.  Frozen List No. 025
  b.  Unfreeze List No. 646
  c.  Personnel Changes Reports dated August 17, 2012 and August 24, 2012.
Attachments
Frozen #025 list
Unfreeze #646 list
Personnel changes 8/17/12 list
Personnel Changes 8/24/12 list
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, 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 on the status of Civil Action No. 2:12-CV-233, Edwin Gus Schneider v. Jim Kaelin, et al., in the United States District Court of the Southern District of Texas (Corpus Christi Division), and related matters.
B.   Consult with County Attorney on the status of Case No. 13-11-327-CV, Bradford M. Condit v. Sheriff Jim Kaelin, in the 13th Court of Appeals (on appeal from Cause No. 10-2634-B, in the 117th Judicial District Court of Nueces County, Texas, and related matters.
C.   Consult with County Attorney to consider mediation of Civil Action No. 2:11-CV-45, Maria Angela Vasquez v. Nueces County, Texas, in the United States District Court for the Southern District of Texas (Corpus Christi Division), and related matters.
D.   Consult with County Attorney to consider settlement demand and mediation 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, et al, in the United States District Court for the Southern District of Texas, (Corpus Christi Division), and related matters.
E.   Consult with County Attorney to consider settlement demand and mediation of Civil Action No. 2:12-CV-54, Lauralei Callihan v. Nueces County, Texas, and Donald Hatch, individually, in the United States District Court for the Southern District of Texas (Corpus Christi Division), and related matters.
F.   Consult with County Attorney on the status of Cause No. 06-6073-F, Steve Schwerin v. Nueces County Juvenile Board, et al., in the 214th Judicial District Court of Nueces County, Texas, and related matters.
G.   Consult with County Attorney on the status of Civil Action No. 2:12-CV-145, Trey Jones v. Nueces County, et al., in the United States District Court for the Southern District of Texas (Corpus Christi Division), and related matters.
H.   Consult with County Attorney regarding legal remedies involving its solid waste contract and non-approved solid waste vendor;  take appropriate action.
I.   Consult with County Attorney and consider AT&T's June 7, 2012 claim for monetary damages concerning buried PR cable on County Road 51.
J.   Discuss and consider consultation with County Attorney regarding contemplated claim of Ricardo Lopez and related matters.
K.   Discuss and consider claim of Richard Castillo.

Adjournment in Memory (upon request)

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