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January 2, 2013

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.   November 16, 2012.
2.   November 27, 2012.
November 27, 2012

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

1.   An 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.
Order for temporary use
F. Present the following Certificate(s) of Recognition:
1.   Luz Benavides, Centenarian Award.
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 21, 2012.
Manual ckreg
B.   Authorize payment of bills - regular bill summaries dated November 30, 2012; December 7, 2012; December 14, 2012; December 21, 2012; and December 28, 2012.
ckreg 11/30/12
ckreg 12/7/12
ckreg 12/14/12
ckreg 12/21/12
ckreg 12/28/12
C.   Authorize payment of bills - special motions list dated January 2, 2013.
Special Motions List
Special Motions Backup
D.   Approve the monthly revenue reports in accordance with LGC 114.044 for October 2012.
Revenue Report - October
E.   Approve Personnel Actions of a budgeted nature:
  a.  Application Temporary List No. 326
  b.  Frozen List No. 032
  c.  Unfreeze List No. 653
  d.  Personnel Changes Reports dated December 7, 2012; December 14, 2012; and December
       21, 2012.
Temp 326 List
Temp 326 Backup
Frozen 032 List
Unfreeze 653 List
PC 12/7/12 List
PC 12/14/12 List
PC 12/21/12 List
F.   Reappoint the County Judge to the board of Reinvestment Zone No. 2, pursuant to Section 311.009(a) of the Texas Tax Code.
Reinvestment Zone Appt. Request
G.   Authorize execution of a contract between Nueces County and the Corpus Christi Chamber of Commerce for the activities of the South Texas Military Facilities Task Force for the economic benefit of Nueces County and the surrounding areas.
South Texas Militaries Task Force Contract
H.   Ratify the purchase of 100 LL aviation fuel in the amount of $30,319.94 from Avfuel Corporation.
Avfuel Corp Invoice
I.   Accept the award and executed agreement for RFP No. 2916-12 Food Management Program for Nueces County CSCD with Aramark Correctional Services, LLC, as approved by the Board of Judges.
RFP 2916-12 contract
J.   Authorize execution of a contract for RFP No. 2912-12 Cafeteria Administration, including Premium Only Plan (POP) & Enrollment Services with Wage Work, Inc. and Aflac as submitted by Annie Castro.
RFP 2912-10 agreement
K.   Authorize/Execute Amendment No. 1 to RFP No. 2908-12 Nueces County Security Services for Courthouse, Juvenile Justice Center and Keach Family Library contract between Nueces County and Amtex Security, Inc.
RFP 2908-12 amendment 1
L.   Authorize/Execute Amendment No. 3 on the Agreement between Nueces County and Absolute Waste for Solid Waste Collection and Disposal Services (IFB No. 2784-08) for Coastal Parks.
RFP 2784-08 Amendment 3
M.   Approve the application procedure for appointment to the following:
1. Nueces County Library Advisory Board.
NC Library Advisory Board




1.   Discuss and consider approval of an Order adopting Subchapter E of Chapter 520 of the Texas Transportation Code providing for licensing of motor vehicle title services by the Nueces County Tax Assessor-Collector.
Order Adopting E520 of Tax Code
2.   Discuss and consider acceptance and execution of a sales agreement for property located at Lot 18-E, Rose Acres Subdivision also known as 3017 Rose Petal, Nueces County, Texas.
3.   Discuss and consider assignment of an airport hangar lease from Nueces Ag Services, Inc., to Wilbur-Ellis, as requested by current Lessee, Elton D. Brown, President of Nueces Ag.
Request Letter - Assignment of Lease
Proposed Assignment of Lease
4.   Discuss and consider selection of LNV Engineering, Inc., for engineering services related to sports field improvements located at LyondellBasell Park; and authorize the execution of an Engineering Services Contract with LNV, Inc.
LNV Contract - Phase II - LyondellBasell
Contract Attachments - Phase II LyondelBasell
5.   Discuss and consider selection of LNV Engineering, Inc., for engineering services related to Construction Projects at LyondellBasell Park; and authorize the execution of an Engineering Services Contract with LNV, Inc.
LNV Contract - Phase III LyondellBasell
Contract Attachments - Phase III - LyondellBasell
6.   Discuss and consider selection of LNV Engineering, Inc., for engineering services related to Construction Projects at Hilltop Community Center/ Park; and authorize the execution of an Engineering Services Contract with LNV, Inc.
LNV Contract - Hilltop
Contract Attachments - Hilltop
7.   Discuss and consider selection of LNV Engineering, Inc., for engineering services related to the Coastal Management Program (CMP) Cycle 17 project (Upper Oso Watershed at LyondellBasell); and authorize the execution of an Engineering Services Contract with LNV, Inc.
LNV Contract CMP 17
Contract Attachments CMP 17
8.   Discuss and consider amending the Nueces County Legislative Agenda to include the opposition of mandatory intergovernmental transfers for 1115 waivers or mandatory county funding of the expansion of Medicaid (Item 30 on Legislative Agenda).
Amended Legislative Agenda
9.   Discuss and consider executing a maintenance contract with Capturion, Inc., for the video marquee at the Richard M. Borchard Regional Fairgrounds.
10.   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 - January 2, 2013
11.   Discuss and consider approval of the form "Volunteer Acknowledgement, Waiver, and Release," for the use by the various Nueces County Departments and Offices that use volunteers.
1.   Ratify the execution of a Grant Adjustment Notice with the Texas Department of Public Safety for the FY 2010 Operation Stonegarden grant award.
Grant Adjustment Notice
2.   Ratify the execution of Amendment No. 5 to the Disaster Recovery Non-Entitlement Grant Contract with the Texas General Land Office #10-5122-000-5103.
Amendment #5 Disaster Recovery
3.   Ratify the acceptance of a grant award for the Emergency Food and Shelter Program Phase 30 made available through the Federal Emergency Management Agency.
united Way Emergency Food Award Letter
4.   Discuss and consider adopting a resolution authorizing the submission of grant application to the Governor’s Criminal Justice Division for the Juvenile Justice Alternative Program Grant #2315204.
Resolution-Juvenile Justice Alternative Grant
5.   Discuss and consider adopting a resolution authorizing the submission of grant application to the Governor’s Criminal Justice Division for the Juvenile Drug Court Program Grant #2530403.
Resolution-Drug Court Grant Program
1.   Discuss/Award IFB No. 2920-12 Memorial Agricultural Center (Show Barn) Demolition Project.
IFB 2920-12 bid tab
2.   Discuss and consider making a finding for the method of procurement (request for competitive bids) for Morgue Transport; and authorize the Purchasing Agent to publish a notice.
3.   Authorize TASB BuyBoard State Contract No 358-10 purchase of a Chevrolet Silverado Truck from Caldwell for the Inland Parks.
Buyboard quote
4.   Authorize lease-purchase agreement with Holt Texas, Ltd. for a Caterpillar Wheel Loader through the Texas Association of School Boards TASB (BuyBoard) to include, amendment No. 1, extended warranty and letter agreement; adopt a resolution approving documents related to the lease-purchase of Caterpillar Wheel Loader; and authorize the County Judge to execute documents and all other action necessary to carry out such transaction.
Holt lease agreement
E-mail Confirming Transaction is Tax Exempt
1.   Approve Budget Change Order No. 5 for Fiscal Year 2012-2013.
BCO #5 List
BCO #5 Backup
2.   Accept and approve the Nueces County Quarterly Investment Reports for the quarters ending June 30, 2012 and September 30, 2012.
3.   Discuss and consider authorizing creation and unfreezing of a roving court reporter position to be shared by the 347th District Court and the Magistrate/Drug/Jail Court department.
4.   Discuss and consider the request that the Nueces County Commissioners Court authorize the creation of four part-time (20-25 hours each) Intermediate Clerk positions by deleting one full-time Intermediate Clerk (Pay Group 11) and one Senior Clerk II (Pay Group 15) in the Tax Assessor/Collector Motor Vehicle department.
5.   Discuss and consider approving the Federal Equitable Sharing Agreement & Certification for Nueces County Sheriff's Office.
Sheriff - Fed Equitable Sharing Agrmnt & Cert
6.   Discuss and consider approval of Chapter 59 Asset Forfeiture Reports from the District Attorney, 105th District, and the Nueces County Sheriff's Office.
Chapter 59 DA, 105
Chapter 59 Sheriff
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 settlement of $1,642.82 claim submitted by Texas Mutual Insurance Company and authorize issuance of check for claim.
B.   Consult with County Attorney and discuss and consider final payment to King Isles, contractor on Rose Acres Development project.
C.   Discuss and consider claim of Eliberto Reyna for property damage.
D.   Consult with County Attorney to seek legal advice on legal matters regarding an assignment of an airport hangar lease request by lessee, Elton D. Brown.


A.   Nueces County Animal Control Advisory Committee.
N. C. Animal Control Bd.
Carie Allred - Animal Control

Adjournment in Memory (upon request)

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