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February 27, 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.   February 13, 2013.
February 13, 2013

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

1.   Supporting legislation in the 83rd Texas Legislative Session relating to use of district funds by the Nueces County Hospital District.
Resolution - Commissioners Court
Board of Managers Resolution
Legislation text
2.   Safety Resolution 2013 - in support of implementing accident prevention plans. 
Safety Resolution 2013
3.   Texas Independence Day, March 2, 2013.
Resolution - Texas Independence Day
F. Present the following Certificate(s) of Recognition:
1.   Dr. Julie Carbajal, retiring after 33 years of service to Flour Bluff Independent School District.
Carbajal vitae
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 February 19, 2013.
Manual ckreg
B.   Authorize payment of bills - regular bill summaries dated February 1, 2013; February 8, 2013; February 11, 2013; February 12, 2013; February 15, 2013; and February 22, 2013.
ckreg 2/1/13
ckreg 2/08/13
ckreg 2/11/13
ckreg 2/12/13
ckreg 2/15/13
ckreg 2/22/13
C.   Authorize payment of bills - group health insurance claims and fees - TPA check register dated February 7, 2013.
Group Health
D.   Authorize payment of bills - special motions list dated February 27, 2013. 
Special Motions List
Special Motions Backup
E.   Approve and accept donations (list attached) to the county in accordance with Section 81.032 of the Texas Local Government Code.
F.   Personnel actions of a budgeted nature:
  a.  Application Temporary List No. 330
  b.  Frozen List No. 036
  c.  Unfreeze List No. 657
  d.  Personnel Changes reports dated February 8, 2013 and February 15, 2013.
Temp 330 list
Temp 330 backup
Frozen 036 list
Unfreeze 657 list
PC 2/8/13 list
PC 2/15/13 list
G.   Accept the following "Outside Agency" Reports for FY 2011-2012:
1. Al Amin Shriners
2. Corpus Christi Chamber of Commerce
3. Mission of Mercy
Al Amin Shriners - FY11/12 Report
CC Chamber of Commerce - FY11-12 Report
Mission of Mercy - FY11-12 Report
H.   Accept the following "Diabetes" Reports for FY 2011-2012:
1.  Texas A&M University Corpus Christi-National Youth Wellness Program
3.  Catholic Charities of Corpus Christi, Inc.
4.  South Coastal Area Health Education Center
5.  Banquete ISD
6.  Food Bank of Corpus Christi
Catholic Charities of CC
South Coastal AHEC
Banquete ISD
Food Bank of Corpus Christi
I.   Approve the following Tax Deeds and highest minimum bid to date:
1. Lot 8, Block 2, Newell Addition to Robstown, in the amount of $2,500.00.
2. The East one-half of Lot 17, Spring Gardens Subdivision Unit 1, in the amount of $3,500.00.
3. Lot 31, Block 4, Swantner Place Subdivision, in the amount of $2,000.00.
4. Lot 12, Block 2, Harlem Park Addition, in the amount of $3,000.00.
5. The West 50 ft. of Lot 8 & the East 52.5 ft. of Lot 9, Block 1, Cabaniss Acres, in the amount
    of $2,000.00.
6. Lot 7, Block 8, Harlem Park Addition, in the amount of $3,000.00.
Tax Bids
J.   Authorize/Execute a rental order with Satellite Shelters, Inc. to lease a portable terminal building to be located at the Nueces County Airport.
Satellite Rental Order
K.   Ratify the execution of a Grant Adjustment Notice with the Texas Department of Public Safety for the FY 2010 Operation Stonegarden grant award.
Nueces County Close Out
Grants Adjustment Notice
L.   Ratify the execution of a Grant Adjustment Notice and Terms and Conditions with the Texas Department of Public Safety for the FY 2009 Operation Stonegarden Grant Program.
Nueces County Close Out
M.   Ratify execution of a grant agreement accepting an award from the Texas Department of Agriculture Home-Delivered Meal Grant Program.
N.   Approve the application procedure for appointment/reappointment to the Regional Health Awareness Board.
Regional Health Awarness Bd.




1.   Receive information on the Regional Healthcare Partnership (RHP) created by the Texas Healthcare Transformation and Quality Improvement Program Medicaid 1115 Waiver as organized by the Texas Health and Human Services Commission; receive information on the RHP Region 4 Plan submitted to the Commission by the Nueces County Hospital District, the RHP 4 Anchor Entity.
RHP presentation
RHP Region 4 Plan Summary
RHP Summary
2.   Receive a presentation from Scott Cross, Coastal Parks Director, on the progress of the Padre Balli Park Master Development Plan.
3.   Discuss and consider the selection of Naismith Engineering for the design, specifications and habitat monitoring of the Padre Balli Park; enter into an Engineering Services Contract with Naismith Engineering for this project. 
CIAP Cost proposal 1st revision
Competitive Grant Award
Revised CIAP Site plan
Engineering Services Contract
4.   Discuss and consider amending Nueces County's Order Adopting Rules of Nueces County, Texas, for On-Site Sewage Facilities and related matters.
OSSF Orders
5.   Discuss and consider ratifying the hiring of Victoria Ozimek with Bracewell & Giuliani LP to provide legal services to Nueces County on tax related matters associated with the 2002 and 2010 Certificates of Obligations and the sale of the 49.395 acres at the Richard M. Borchard Regional Fairgrounds and related matters; discuss and consider the execution of an engagement letter with Bracewell & Giuliani LLP and Associates.
6.   Discuss and consider ratifying the execution of the Certificate of the County related to the sale of the 49.395 acres at the Richard M. Borchard Regional Fairgrounds and related matters.
Certificate of County for Fairgrounds
1.   Discuss and consider executing an amended contract between Corpus Christi-Nueces County Public Health District (CCNCPHD) and the Department of State Health Services (DSHS) to provide for Title X Family Planning Fee for Services, in the amount of $20,000, for the period of January 15, 2012 to March 31, 2013; authorize Annette Rodriguez, M.P.H., Director of the Corpus Christi-Nueces County Public Health District, to sign on behalf of Nueces County.
Title X Family Planning Grant
2.   Discuss and consider executing an agreement with the National Association of County and City Health Officials (NACCHO) to receive funding for building, sustaining, and recruitment of the Corpus Christi-Nueces County Public Health District Medical Reserve Corp. in the amount of $4,000; authorize Annette Rodriguez, M.P.H., Director of the Corpus Christi-Nueces County Public Health District, to sign on behalf of Nueces County.
MRC Contract & Budget
MRC Budget
3.   Discuss and consider executing a contract between the Corpus Christi-Nueces County Public Health District and the Department of State Health Services (DSHS) to receive additional funding for discretionary projects in the amount of $27,126 for the period of January 1, 2013 to August 31, 2013; authorize Annette Rodriguez, M.P.H., Director of the Corpus Christi-Nueces County Public Health District, to sign on behalf of Nueces County.
PHP Contract
1.   Discuss and consider authorizing the submission of a grant application for the Texas Veterans Commission Fund for Veterans’ Assistance Grant Program.
Appendix I-Appllication
1.   Authorize CSC, LLC, to provide materials and labor for the removal and replacement of doors at the Briscoe King Pavilion.
Briscoe King quotes
2.   Authorize Palacios Marine & Industrial Coatings, Inc., to provide materials and labor for the installation of a gravity wastewater line and manholes at the LyondellBasell Park.
Wastewater quotes
1.   Budget Change Order No. 9 for Fiscal Year 2012-2013.
BCO #9 list
BCO #9 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 ratifying the hiring of outside counsel Myra Morris and Royston, Rayzor, Vickery, & Williams in Civil Action 2:13-cv-00026, Cheek et al v. Nueces County et al, to represent Nueces County and Jim Kaelin in his official capacity; and discuss and consider ratifying the hiring of outside counsel Keith Sieczkowski and Branscomb P.C., to represent Sheriff Jim Kaelin in his individual capacity in the aforementioned suit, and related matters.
B.   Discuss and consider ratifying the hiring of outside counsel Ron Barroso in Civil Action No. 2:13-cv-25, Mitchell D. McClendon v Nueces County and P. Saenz individually to represent Nueces County and P. Saenz in his official and individual capacity and related matters.
C.   Consult with County Attorney regarding Civil Action 2:13-cv-11, Jose Alfredo Moreno v Nueces County Jail.


A.   Nueces County Library Advisory Board.
NC Library Advisory Board
Esther Figueroa
Lilia Chapa Smith
Julia Stafford

Adjournment in Memory (upon request)

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