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REGULAR MEETING - July 10, 2019

BE IT REMEMBERED, that on this the 10TH day of JULY, A.D., 2019, there was begun and held a REGULAR MEETING of the Honorable Commissioners Court of Nueces County, Texas, wherein the following members thereof were present, to-wit:

BARBARA CANALES COUNTY JUDGE
CAROLYN VAUGHN COMMISSIONER, PRECINCT NO. 1
JOE A. GONZALEZ COMMISSIONER, PRECINCT NO. 2
JOHN MAREZ COMMISSIONER, PRECINCT NO. 3
BRENT CHESNEY COMMISSIONER, PRECINCT NO. 4

and KARA SANDS, COUNTY CLERK of Nueces County, Texas, wherein the following proceedings were had, to-wit:
____________________________________________________________________________________________
             
1. CALL TO ORDER
             
A.
Pastor Daren Stokke, Cowboy Fellowship of San Patricio County, gave the invocation.
             
B.
Commissioner Gonzalez led in the Pledge of Allegiance to the United States of America and Texas Flags.
             
C.
County Judge Canales called the Regular Meeting to order at 9:09 a.m. and certified that a quorum was present. The meeting was held in the Commissioners Courtroom located at 901 Leopard on the 3rd floor of the Nueces County Courthouse.
             
D. SAFETY BRIEFING was given by Timothy Everest.
             
E. Approve the following Minutes:
             
1. Approve minutes for Commissioners Court dated June 19, 2019.
  Motion by:Commissioner Marez, Second by:Commissioner Vaughn
Motion: Approve minutes for Commissioners Court dated June 19, 2019.
  Vote: 4 - 0 Approved
 
Other: Commissioner Gonzalez (Absent)
  Attachments:
  June 19, 2019 Minutes
 
             
F.
Adopt the following Resolution(s), Proclamation(s), and/or Order(s):
             
1. United Way 2019 Campaign Kickoff.
  Attachments:
  Resolution - Nueces County United Way Campaign Kickoff 20190242-7/10
 
             
2. Disability Voter Registration Week - July 15-19, 2018.
  Attachments:
  Resolution - National Disability Voter Registration Week July 15-19, 2019 20190243-7/10
 
             
3. Establishing July 2019 as Beach Safety Awareness Month in Nueces County.
  Attachments:
  Resolution - Establishing July 2019 as Beach Safety Awareness Month 20190244-7/10
 
             
G. Present the following Certificate(s) of Recognition:
             
1. “Centers of Excellence” presented by the Texas Judicial Council for the 214th and 347th District Courts of Nueces County. Comment: Judge Inna Klein, and Judge Missy Medary.
             
2. Thelma D. Elwin - Juvenile Probation, retiring after 26 years of service to Nueces County. Comment: Thelma Elwin.
             
H. BOARD APPOINTMENTS:
             
1. Citizens' Advisory Board on Health and Welfare.
  Motion by:Commissioner Chesney, Second by:Commissioner Vaughn
Motion: Appoint Margaret Meade to the Citizens' Advisory Board on Health and Welfare.
  Vote: 5 - 0 Approved
  Attachments:
  Margaret Meade-Application
 
             
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.
  Motion by:Commissioner Chesney, Second by:Commissioner Gonzalez
Motion: Approve all Consent Agenda items except: G, J, N & Q.
  Vote: 5 - 0 Approved
             
A. Authorize payment of bills - regular bill summaries dated June 14, 2019, June 21, 2019, June 28, 2019, and July 5, 2019.
  Attachments:
  CK Reg 06-14-19.pdf
  CK Reg 06-21-19.pdf
  CK Reg 06-28-19.pdf
  CK Reg 07-05-19.pdf
 
             
B. Authorize payment of bills - manual check registers dated June 11, 2019 to July 1, 2019.
  Attachments:
  Manual CK-Reg.pdf
 
             
C. Authorize payment of bills - special motions list dated July 10, 2019.
  Attachments:
  Special Motion List.pdf
  Special Motions Backup.pdf
 
             
D. Authorize payment of bills - group health insurance claims and fees:
1. Boon Chapman - June monthly.
  Attachments:
  Group Health - Jun 19 Mthly (BC).pdf
 
             
E. Approve and accept donations (list attached) to the county in accordance with LGC 81.032.
  Attachments:
  Donations.pdf
 
             
F. Authorize and approve the following Motor Vehicle WebDealer Agreements Amendment No.1 and Amendment No. 2:  
Lithia FLCC,LLC d/b/a Access Ford Lincoln of Corpus Christi, (No. 2).
Lithia of Robstown, LLC, d/b/a Chrysler Dodge Jeep Ram of Calallen. (No. 1).
  Attachments:
  WebDealer Amendment No 1 for Lithia of Robstown LLC dba Chrysler Dodge 20190245-7/10
  WebDealer Amendment No 2 Lithia FLCC LLC dba Access Ford Lincoln of Corpus Christi 20190259-7/10
 
             
G. Adopt a resolution approving the submission of an application to the Office of the Governor, Homeland Security Grants Division for the FY 2018 Operation Stonegarden Grant.
  Motion by:Commissioner Gonzalez, Second by:Commissioner Marez
Motion: Adopt a resolution approving the submission of an application to the Office of the Governor, Homeland Security Grants Division for the FY 2018 Operation Stonegarden Grant. Comment: Sheriff, J. C. Hooper.
  Vote: 5 - 0 Approved
  Attachments:
  Resolution - FY 2018 Operation Stonegarden Grant 20190246-7/10
 
             
H. Ratify the submission of a grant application for the Emergency Food and Shelter Program Phase 36 made available through the Federal Emergency Management Agency.
             
I. Approve the submission of a grant application to the Texas Department of State Health Services' Cooperative Agreement for Emergency Response:  2017 Hurricane Public Health Crisis Response for traditional vector control.
             
J. Approve a finding for the method of procurement (request of competitive bids) for Nueces County I.B. Magee Beach RV Park Reconstruction; and authorize the purchasing agent to publish a notice.
  Motion by:Commissioner Gonzalez, Second by:Commissioner Chesney
Motion: Approve a finding for the method of procurement (request of competitive bids) for Nueces County I.B. Magee Beach RV Park and publish a notice. Comment: Michael Robinson, Purchasing Director.
  Vote: 5 - 0 Approved
             
K. Authorize a TASB BuyBoard State Contract No. 555-18 purchase from Southern Trenchless Solutions, LLC for I.B. Magee Beach Park Lift Station Improvements for Coastal Parks.
  Attachments:
  Buyboard Proposal Magee Beach Park Lift Station Southern Trenchless Solutions 20190260-7/10
 
             
L. Authorize a TASB BuyBoard State Contract No. 521-16 purchase from Caldwell Country for (2) 2019-20 Chevrolet Tahoes PPV for the Sheriff’s Office.
  Attachments:
  Caldwell quote
 
             
M. Approve reassigning a 2010 Chevrolet Tahoe, County No. 61000, from the Warehouse to the Sheriff’s office.
             
N. Ratify the execution of Agreement Amendment No. 1 with Bella’s Bistro for RFP 3010-16 Food Services at the County Courthouse.
  Motion by:Commissioner Chesney, Second by:Commissioner Vaughn
Motion: Ratify the execution of Agreement Amendment No. 1 with Bella’s Bistro for RFP 3010-16 Food Services at the County Courthouse.
  Vote: 5 - 0 Approved
  Attachments:
  RFP No 3010-16 Amendment No 1 Bella's Bistro 20190247-7/10
 
             
O. Accept the award and executed agreement with Liberty Resources Family Service for RFP No. 3098-19 Multisystemic Therapy Family Preservation Program Services as approved by the Juvenile Board for the Juvenile Department.
  Attachments:
  RFP No 3098-19 Mulisystemic Therapy Family Preservation Program 20190248-7/10
  Juvenile Board Order for award
 
             
P. Authorize execution of Agreement Amendment No. 1 for IFB No. 3062-17 Bulk Diesel and Unleaded Fuel Contract.
  Attachments:
  IFB No 3062-17 Agreement no 1 Sunoco LLD dba Sunoco Energy Service 20190249-7/10
 
             
Q. Accept for record purposes, the executed lease agreement for the remainder of FY 2018-2019 at the Nueces County airport.
1.  Mark Harrison
  Motion by:County Judge Canales, Second by:Commissioner Chesney
Motion: Accept for record purposes, the executed lease agreement for the remainder of FY 2018-2019 at the Nueces County airport.
  Vote: 5 - 0 Approved
  Attachments:
  Hangar Lease Agreement T-7 Mark Harrison 20190251-7/10
 
             
4.
REGULAR AGENDA:
             
A. AGENDA ITEMS
             
1. Receive introduction of candidate hired for the County Extension Agent-4-H & Youth Development, as presented by Donnie Montemayor. New Assistant County Extension Agent is Lane Spannagel.
             
2. Receive an update from the Nueces Center for Mental Health and Intellectual Disabilities on the Community Collaborative Plan for Mental Health. Comment: Mark Davis.
             
3. Emergency Management briefing to Commissioners Court on after action items for recent full scale evacuation exercise. Comment: Melissa Munguia.
             
4. Discuss and consider adoption of a resolution in support of the process for the creation of North Beach Tax Increment Reinvestment Zone (TIRZ) #4.
  Motion by:Commissioner Vaughn, Second by:County Judge Canales
Motion: Adopt a Resolution in support of the process for the creation of North Beach Tax Increment Reinvestment Zone (TIRZ) #4. Comment: Chad McGill, and Jenny Cross.
  Vote: 5 - 0 Approved
  Attachments:
  Resolution - In Support of North Beach TIRZ #4 20190250-7/10
 
             
5. Discuss and consider reorganization of the Nueces County Animal Control Department.
             
6. Reconfirm funding allocations by Commissioners for Animal Control Projects.
  Motion by:Commissioner Gonzalez, Second by:Commissioner Vaughn
Motion: Reconfirm funding allocation by Commissioners for Animal Control Projects, which include painting, additional fencing, and concrete work. Monies allocated by #13 Funds from Commissioner Vaughn, Commissioner Marez and Judge Canales. Comment: Edward Herrera, Juan Pimental, Dale Atchley and City of Corpus Christi Councimember, Gil Hernandez.
  Vote: 5 - 0 Approved
             
7. Discuss options and method for consolidating/transfering the Corpus Christi-Nueces County Public Health District into sole Nueces County governance.
  Motion by:Commissioner Chesney, Second by:Commissioner Vaughn
Motion: Move forward with County Judge or her representative and appropriate people with the City of Corpus Christi for discussion of consolidation of the City/County Health Department. Comment: Keith Selman, Corpus Christi Assistant City Manager.
  Vote: 5 - 0 Approved
             
8. Discuss and consider approval of a Memorandum of Understanding with Nueces County Drainage District No. 2 regarding collaboration in the pursuit of grant funding opportunities and other matters concerning drainage.
  Motion by:Commissioner Gonzalez, Second by:Commissioner Chesney
Motion: Approval of Memorandum of Understanding with Nueces County Drainage District No. 2 regarding collaboration in the pursuit of grant funding opportunities and other matters concerning drainage. Comment: Ernest Herrera and Juan Pimental.
  Vote: 5 - 0 Approved
  Attachments:
  Drainage District #2 MOA
 
             
9. Discuss and consider approval of Interlocal Agreement with Nueces County Drainage District No. 2 regarding Drainage District No. 2 providing services to County on requested drainage improvement projects.
  Motion by:Commissioner Gonzalez, Second by:Commissioner Chesney
Motion: Approval of Interlocal Agreement with Nueces County Drainage District No. 2 regarding Drainage District No. 2 providing services to County on requested drainage improvement projects. Comment: Ernest Herrera and Juan Pimental.
  Vote: 5 - 0 Approved
  Attachments:
  Drainage District No. 2 - Interlocal
 
             
10. Discuss and consider approving an Amended Nueces County Commissioners Court Order Affecting Budget Authority for Employee Positions which removes the requirement that funds be frozen for 30 days for certain vacant positions in the 2018-19 Budget Year.
  Attachments:
  Order - Hiring Freeze
 
             
11. Discuss and consider creating the Kleberg Beach Property Advisory Committee for purposes of overseeing operations and other matters concerning County-owned Kleberg beach property.
  Motion by:Commissioner Vaughn, Second by:Commissioner Chesney
Motion: Create the Kleberg Beach Property Advisory Committee for purposes of overseeing operations and other matters concerning County-owned Kleberg Beach Property.
  Vote: 5 - 0 Approved
             
12. Discuss and consider approval of Application and Affidavit for renewal of Surface Lease No. SL20100004 (Bob Hall Pier) to extend the term of the current lease said to expire on September 30, 2019, and authorize County Judge to execute said documents on behalf of Nueces County.
  Motion by:Commissioner Vaughn, Second by:Commissioner Marez
Motion: Approval of Application and Affidavit for renewal of Surface Lease No. SL20100004 (B9b Hall Pier) to extend the term of the current lease said to expire on September 30, 2019, and authorize County Judge to execute said documents on behalf of Nueces County.
  Vote: 5 - 0 Approved
  Attachments:
  General Land Office Lease Bob Hall Pier 20190254-7/10
 
             
13. Discuss and consider approval of Application and Affidavit for renewal of Surface Lease No. SL20100005 (Horace Caldwell Pier) to extend the term of the current lease said to expire on September 30, 2019, and authorize County Judge to execute said documents on behalf of Nueces County.
  Motion by:Commissioner Vaughn, Second by:Commissioner Chesney
Motion: Approval of Application and Affidavit for renewal of Surface Lease No. SL20100005 (Horace Caldwell Pier) to extend the term of the current lease said to expire on September 30, 2019, and authorize County Judge to execute said documents on behalf of Nueces County.
  Vote: 5 - 0 Approved
  Attachments:
  General Land Office Lease Horace Caldwell Pier 20190255-7/10
 
             
14. Discuss and consider authorizing the County Judge and staff to initiate options and plans to construct and/or relocate the facilities of the Nueces County Medical Examiner's Office.
  Motion by:Commissioner Gonzalez, Second by:Commissioner Vaughn
Motion: Authorize the County Judge and staff to initiate options regarding the facilities of the Nueces County Medical Examiner's Office.
  Vote: 5 - 0 Approved
             
15. Discuss and consider approval of engagement letter for legal services with Lynn Butler and Associates of Husch Blackwell, LLP, for purposes of consultation related to Foreign Trade Zones.
  Motion by:Commissioner Gonzalez, Second by:Commissioner Marez
Motion: Approval of engagement letter for legal services with Lynn Butler and Associates of Husch Blackwell, LLP, for purposes of consultation related to Foreign Trade Zones.
  Vote: 4 - 0 Approved
 
Other: Commissioner Vaughn (Absent)
  Attachments:
  Engagement Letter
 
             
16. Discuss and consider approval of a professional services engagement letter with Ernest Garza, CPA, for purposes of supporting the Nueces County Commissioners Court related to taxes and budget for the 2019-2020 fiscal year.
  Motion by:Commissioner Gonzalez, Second by:Commissioner Chesney
Motion: Approval of a professional services engagement letter with Ernest Garza, CPA, for purposes of supporting the Nueces County Commissioners Court related to taxes and budget for the 2019-2020 fiscal year. Comment: Ernest Garza.
  Vote: 5 - 0 Approved
  Attachments:
  Engagement Letter Consulting for Budget and Property Tax Determination 20190257-7/10
 
             
17. Discuss and consider approval of a professional services engagement letter with Ernest Garza, CPA, for purposes of representing the Tax Assessor Collector related to matters concerning the accrual of interest on sales tax as claimed by the Texas Comptroller; authorize execution of Limited Power of Attorney.
  Motion by:Commissioner Gonzalez, Second by:Commissioner Vaughn
Motion: Approval of a professional services engagement letter with Ernest Garza, CPA, for purposes of representing the Tax Assessor Collector related to matters concerning the accrual of interest on sales tax as claimed by the Texas Comptroller; authorize execution of Limited Power of Attorney. Comment: Ernest Garza.
  Vote: 5 - 0 Approved
  Attachments:
  Engagement Letter Consulting for Calculation of Interest Earned on Motor Vehicle Tax 20190258-7/10
  Power of Attorney
 
             
18. Discuss and consider approval of a proposal with BHealthle Consulting, LLC, and the Nueces County Hospital District for purposes of furthering a Nueces County Community Collaborative for Mental Health.
  Motion by:Commissioner Marez, Second by:Commissioner Chesney
Motion: Table item.
  Vote: 4 - 0 Approved
 
Other: Commissioner Vaughn (Absent)
  Attachments:
  Consulting Service - Mental Health
  Outcomes Bexar County
 
             
B. GRANTS
             
1. Ratify the execution of a Notice of Grant Award from  the Texas Veterans Commission Fund for Veterans’ Assistance Grant Program for the 2019-2020 General Assistance program; receive a brief video presentation regarding the County’s Fund for Veterans’ Assistance Grant Program.
  Motion by:Commissioner Marez, Second by:Commissioner Gonzalez
Motion: Ratify the execution of a Notice of Grant Award from the Texas Veterans Commission Fund for Veterans’ Assistance Grant Program for the 2019-2020 General Assistance program; receive a brief video presentation regarding the County’s Fund for Veterans’ Assistance Grant Program. Comment: Maria Bedia.
  Vote: 4 - 0 Approved
 
Other: Commissioner Vaughn (Absent)
             
C. PURCHASING
             
1. Discuss and award IFB 3097-19 Hilltop Community Center Re-Roof and HVAC Replacement.
  Motion by:County Judge Canales, Second by:Commissioner Marez
Motion: Table item.
  Vote: 4 - 0 Approved
 
Other: Commissioner Vaughn (Absent)
  Attachments:
  IFB 3097-19 bid tab
 
             
2. Discuss and award IFB 3103-19 Asphalt Patch HP Road Material.
  Motion by:County Judge Canales, Second by:Commissioner Marez
Motion: Table item.
  Vote: 4 - 0 Approved
 
Other: Commissioner Vaughn (Absent)
  Attachments:
  IFB 3103-19 bid tab
 
             
3. Discuss and award IFB 3104-19 Flexible Base, Type A, Grade 1.
  Motion by:Commissioner Marez, Second by:Commissioner Gonzalez
Motion: Award IFB 3104-19 Flexible Base, Type A, Grade 1 to Vulcan Materials, LLC. Comment: Michael Robinson.
  Vote: 4 - 0 Approved
 
Other: Commissioner Vaughn (Absent)
  Attachments:
  IFB 3104-19 bid tab
 
             
4. Discuss and award IFB 3105-19 LRA (Limestone Rock Asphalt) Base, Type A, Grade 2
  Motion by:Commissioner Chesney, Second by:Commissioner Gonzalez
Motion: Reject all bids. Comment: Michael Robinson.
  Vote: 4 - 0 Approved
 
Other: Commissioner Vaughn (Absent)
  Attachments:
  IFB 3105-19 bid tab
 
             
D. AUDITOR
             
1. Approve Budget Change Order No. 17 for Fiscal Year 2018-2019.
  Motion by:Commissioner Marez, Second by:Commissioner Chesney
Motion: Approve Budget change Order No. 17 for Fiscal Year 2018-2019. Comment: Dale Atchley.
  Vote: 4 - 0 Approved
 
Other: Commissioner Vaughn (Absent)
  Attachments:
  BCO#17 List.pdf
  BCO#17 Backup.pdf
 
             
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 attorneys regarding the status of County of Nueces et al. v. Purdue Pharma L.P. et al, Master File No. 2018-63587, in the District Court of Harris County, Texas, 152nd Judicial District; 2018-CCV-61176-4, in the County Court at Law No. 4, Nueces County, Texas and related matters. No action taken.
             
B. Discuss and consider settlement offer from Martin Marietta Materials in response to Nueces County's claim regarding non-conforming road aggregate materials, and related matters. No action taken.
             
C. Consult with County Attorney regarding the grievance process pursuant to Civil Service Rules and Personnel policies as it relates to the Justice of the Peace and related matters. No action taken.
             
D. Consult with County Attorney on contemplated litigation regarding Juvenile case manager and related matters. No action taken.
             
E. Consult with County Attorney on legal matters as it relates to the closing of the Harbor Bridge Right of Way. No action taken.
             
F. Discuss and consider security measures at the Courthouse and related matters. No action taken.
             
G. Conduct interviews of applicants for the position of the Medical Examiner. No action taken.
             
H. Conduct interviews of applicants for position of Commissioners Court Manager. No action taken.
             
I. Discuss and consider selection of an applicant to fill the position of the Medical Examiner on or after August 1, 2020.
  Motion by:Commissioner Chesney, Second by:Commissioner Marez
Motion: Table item.
  Vote: 4 - 0 Approved
 
Other: Commissioner Vaughn (Absent)
             
J. Discuss and consider selection of an applicant to fill the position of the Commissioners Court Manager.
  Motion by:Commissioner Gonzalez, Second by:Commissioner Chesney
Motion: Table item.
  Vote: 4 - 0 Approved
 
Other: Commissioner Vaughn (Absent)
 

The Court was adjourned at 4:56 p.m. in memory of John Thomas Wright, IV; Julianna Wright Carr; Ricardo Jimenez; Guillermo "Willie" Zepeda; Gavin Dean McFarland; Alka Kaura Ahuja; Josephine Rivas; Elizabeth "Beth" Shlator.

There being no further business to come before the Court, it is ordered that this meeting does now
stand adjourned, this the 10TH day of JULY, 2019.

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