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November 16, 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





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.   October 24, 2012.
October 24, 2012

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

1.   National Drowsy Driving Prevention Week, November 12-18, 2012.
F. Present the following Certificate(s) of Recognition:
1.   Glenn Lyons, for service as Chairman of the Nueces County Airport Advisory Board.
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 November 6, 2012.
Manual ckreg
B.   Authorize payment of bills - regular bill summaries dated October 19, 2012; October 26, 2012; November 2, 2012; and November 9, 2012.
ckreg 10/19/12
ckreg 10/26/12
ckreg 11/2/12
ckreg 11/9/12
C.   Authorize payment of bills - special motions list dated November 16, 2012.
Special Motions List
Special Motions Backup
D.   Authorize payment of Pcard purchases for the month of September, 2012.
Pcard September
E.   Approve the monthly revenue report for September, 2012,  in accordance with LGC 114.044.
Monthly Revenue Report September
F.   Approve Personnel Actions of a budgeted nature:
  a.  Application Temporary List No. 323
  b.  Frozen List No. 029
  c.  Unfreeze List No. 650
  d.  Personnel changes reports dated October 19, 2012; October 26, 2012; and November 2, 2012.
Temp #323 List
Temp #323 Backup
Frozen #029 List
Unfreeze #650 List
PC 10/19/12 list
PC 10/26/12 List
PC 11/2/12 List
G.   Accept the following "Outside Agency" Report for FY2011/2012 from CC Hispanic Chamber of Commerce.
CC Hispanic Chamber of Commerce - FY11/12 Report
H.   Authorize execution of two amendment documents related to Nueces County's Excess Risk Insurance, Group No. 634741-9, with ING Employee Benefits.
Amend - Commissions
Amend - Deductible
ING Agreement
I.   Authorize Product Schedule No. 55, Lease Amendment, and Addendum 55 to Master Service Agreement for a TASB BuyBoard State Contract No. 379-11 purchase for Risk Management and Juvenile Departments to add a copier, and maintenance services from Ricoh (f/k/a Ikon Office Solutions, Inc.) for each department.
Addendum 55
J.   Authorize Sole Source purchase with CBM Archives for renewal of annual hardware, software and support maintenance for the period October 1, 2012 to September 30, 2013.
CBM renewal
K.   Ratify execution of contract with the American Diabetes Association.
L.   Approve application procedure for appointments to the following advisory boards:
1. Nueces County Emergency Services District No. 1
2. Nueces County Emergency Services District No. 2
3. Nueces County Emergency Services District No. 3
4. Nueces County Emergency Services District No. 4
5. Nueces County Emergency Services District No. 6
ESD No. 1 Redacted
ESD No. 2
ESD No. 3
ESD No. 4
ESD No. 6
M.   Approve the following Tax Deeds and highest minimum bid to date:
1. Tract ‘J’, Lot 7, Banquete Townsite, in the amount of $2,005.00;
2. Lot 2, Block 22, Point Tesoro Unit 4, in the amount of $9,200.00;
3. Lot 28, Block 28, Del Mar Addition, in the amount of $4,000.00;
4. Lot 7, Block 5, Claremont Place Addition, in the amount of $4,000.00;
5. Lot 9, Block 236, Padre Island, Tradewinds Section 4, in the amount of $6,800.00;
6. Lot 19, Block 10, Sea Pines Unit 1, in the amount of $7,000.00;
7. Lot 8, Block 2, La Pascua #2 Subdivision, in the amount of $2,100.00;
8. The East 33 feet of Lot 6, Block 2, Laguna Acres Addition, in the amount of $2,000.00;
9. Tract ‘D’, Lot 23, Block ‘H’, Flour Bluff Estates, in the amount of $2,000.00;
10. Lots 16 and 17, Block 12, Sands & Rice Addition, in the amount of $1,200.00;
11. Lots 5, 6 and 7, Juarez Addition, in the amount of $1,500.00;
12. Lot 1, Block 13, Barataria Bay Unit 3, in the amount of $9,000.00;
13. Lots 13 and 14, Block 2, Petronila Acres Unit 1, in the amount of $2,500.00;
14. Lot 12, Block 5, El Rey Addition, in the amount of $1,500.00;
15. Lots 9 and 10, Block 2, Hillcrest Addition, in the amount of $1,800.00;
16. Lot 11, Block 2, San Diego Addition Unit 2, in the amount of $2,000.00;
17. Lot 4, Block 5, Prescott Park Unit 4, in the amount of $1,911.00.
Tax Deeds - November 16, 2012




1.   Canvass and declare the results of the November 6, 2012, General Election in accordance with Chapter 67 of the Texas Election Code.
2.   Approve Bond for the Judge of County Court at Law No. 3, pursuant to Sections 25.0006(a) and 26.001 of the Texas Government Code.
3.   Receive information from Carl Weckenmann, RTA’s Service Development Director, and Martin Ornelas, Director of the Transportation Coordination Network of the Coastal Bend, regarding the bus service route for Agua Dulce and Banquete.
4.   Receive report from Rebecca Flanigan, Deputy Director of Litigation, Texas Rio Grande Legal Aid, on FY2011/2012 activities.
5.   Discuss and consider execution of agreement with Texas Rio Grande Legal Aid, Inc., for the provision of legal services to low income residents of Nueces County.
Texas RioGrande Legal Aid Inc - FY12-13 Contract
6.   Receive a presentation related to beach camping changes at I.B. Magee Park, Port Aransas, Texas.
Beach Camping Changes Map
IB Magee Beach Access
7.   Discuss and consider the recommendation of the Nueces County Board of Coastal Park Commissioners for the selection of Naismith Engineering to provide engineering services for remodeling the Bob Hall Pier Kitchen; and, approve execution of a contract.
Naismith - Bob Hall Pier Kitchen Engineering Services
8.   Discuss and considering entering into a Letter agreement with Independent Professional Management, Inc., (IPM) for the purchasing of an RFID asset management tracking software and hardware for use in County Clerk Voting Equipment Warehouse.
RFID Contract
9.   Discuss and consider authorizing execution of the following documents related to Sale and Development Agreement with Dolphin Ventures, I, LLC subject to parties signing concurrently on a scheduled closing date:
1.  Consent to Assignment and Assumption Agreement between Dolphin Ventures I, LLC and
     Lockard Outlets Corpus Christi Bay, LLC.
2.  Eighth Amendment to Sale and Development Agreement between Lockard Outlets Corpus
     Christi Bay, LLC as assignee of Dolphin Ventures I, LLC, and Nueces County, Texas.
3.  Amended and Restated Development Plan Agreement between Lockard Outlets Corpus Christi
     Bay, LLC as assignee of Dolphin Ventures I, LLC, and Nueces County, Texas.
4.  Option Agreement between Lockard Outlets Corpus Christi Bay, LLC and Nueces County, Texas.
10.   Discuss and consider approval of the proposed Commissioners Court meeting schedule for calendar year 2013.
Court Schedule
11.   Discuss and consider approval of the 2013 Nueces County Holiday Calendar.
2013 Holiday Calendar
1.   Discuss and consider accepting seized gambling equipment; adopt an Order to transfer gambling equipment to the Texas Building and Procurement Commission per the Texas Local Government Code section 263.152 (a) 5; authorize execution of an agreement between Texas Facilities Commission (TFC) and Nueces County, related to the sale/disposal of County forfeited property by TFC through the State Surplus Property Program.
Gambling order
TFC Contract
1.   Discuss and consider adopting a resolution authorizing the submittal of a grant application for the FY2013 Formula Grant Program of the Texas Indigent Defense Commission Grant Program.
2013 Resolution
2.   Discuss and consider execution of a Subrecipient Grant Agreement with the Texas General Land Office for the Coastal Management Program (CMP) Cycle 17 project (Upper Oso Watershed at LyondellBasell).
Subrecipient Grant Agreement
3.   Discuss and consider acceptance of a grant award from the U.S. Fish and Wildlife Service for the Upper Oso Creek Water Quality Improvement Project, as part of the Coastal Impact Assistance Program (CIAP) grant program.
Grant Award Letter
4.   Discuss and consider execution of a Subrecipient Grant Agreement with the Texas General Land Office for the Habitat Restoration and Conservation at Packery Channel project, as part of the Coastal Impact Assistance Program (CIAP) grant program.
Subrecipient Grant Agreement
1.   Discuss and consider approval of Change Order No. 1 to the Malek, Inc. contract for the Calderon Building mechanical equipment upgrades.
Change Order No. 1
1.   Authorize TXMAS State Contract No. TXMAS-7-51V050 purchase of two John Deere Utility Tractors from the John Deere Company for the Public Works Department.
John Deere quote
2.   Authorize TASB BuyBoard Contract No. 358-10 purchase of a Bobcat Track Loader from the Holt Company for the Public Works Department.
Holt Cat track loader
3.   Authorize the purchase of signage for the Courthouse Parking lots from Chandler Signs, L. P., L. L.
Parking Maps
Chandler Signs drawings
Chandler Signs proposal
4.   Discuss and consider making a finding for the method of procurement (request for competitive bids) for remodeling the kitchen at Bob Hall Pier; and authorize the Purchasing Agent to publish a notice.
1.   Approve Budget Change Order No. 2 for Fiscal Year 2012-2013.
BCO #2 List
BCO #2 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.   Consult with the County Attorney regarding a lawsuit filed by Thomas J. Henry on behalf of his client Felicitas Castro.
B.   Consult with the County Attorney regarding a lawsuit filed by Elmer Cox v. Nueces County, Civil Action 2:12-CV-339.
C.   Consult with the County Attorney regarding a lawsuit filed by Thomas Burnside v. Nueces County, Texas;  Civil Action 2:12-CV-341.
D.   Withdraw claim against the performance bond posted by Milkins Roofing and its surety, Ulico Casualty Company.
E.   Consult with attorney to seek advice on legal matters regarding Agreements with Dolphin Ventures, I, LLC.


A.   Christus Spohn Health Board of Trustees.
Christus Spohn Health Board of Trustees
Rachel Borchard - Spohn
Conrado Garcia - Spohn
B.   Nueces County Animal Control Advisory Committee.
NC Animal Control Advisory Committee
Chris Cooper - Animal Control
Tom Watson - Animal Control
C.   Nueces County Rural Rail Transportation District.
Rural Rail Transportation District
Michael Mintz, MD
D.   Nueces County Special Task Force of Adult Protective Services.
NC Special Task Force of Adult Protective Services
Virginia (Jenny) Allen
James Bangert
Lisa Diven Brown
Wavel M. Brown
Sam Dalton
Joe Flores
Dr. Helen Gurley
Janet L. Kellogg
Loraine Mathews
Viola Monrreal

Adjournment in Memory (upon request)

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