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REGULAR MEETING - July 24, 2019

BE IT REMEMBERED, that on this the 24th 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

and KARA SANDS, COUNTY CLERK of Nueces County, Texas, wherein the following proceedings were had, to-wit:
____________________________________________________________________________________________
             
1. CALL TO ORDER
             
A.
County Judge calls for the Invocation that was given by Commissioner Gonzalez.
             
B.
Judge Canales gave Pledge of Allegiance to the United States of America and Texas Flags.
             
C.
County Judge Canales called the Regular Meeting to order at 9:04 a.m. and certified that a quorum was present. Commissioner Chesney was absent. 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 Tim Everest, Risk Management Officer.
             
E.
Adopt the following Resolution(s), Proclamation(s), and/or Order(s):
             
1. In Support of Multisystemic Therapy for the Nueces County Juvenile Probation Department.
  Motion by:Commissioner Gonzalez, Second by:Commissioner Marez
Motion: Adopt a Resolution in support of Multisystemic Therapy for the Nueces County Juvenile Probation Department. Comment: Tyner Little and Homer Flores.
  Vote: 4 - 0 Approved
 
Other: Commissioner Chesney (Absent)
  Attachments:
  Resolution - Support of MST for Juvenile 20190265-7/24
 
             
2. In Support of uniform Physician Badging.
  Motion by:Commissioner Gonzalez, Second by:Commissioner Vaughn
Motion: Adopt a Resolution in support of Uniform Physician Badging. Comment: Tyner Little and Cathy Ard-Blattner.
  Vote: 4 - 0 Approved
 
Other: Commissioner Chesney (Absent)
  Attachments:
  Resolution - In Support of Standardized Physician and First Responder Badging 20190266-7/24
 
             
F. Present the following Certificate(s) of Recognition/Distinction:
             
1. State Representative Todd Hunter presents Certificates of Distinction to Judge Missy Medary of the 347th District Court and Judge Inna Klein of the 214th District Court for their recognition as Centers for Excellence for the State of Texas. Comment: Todd Hunter, Judge Medary and Judge Klein.
             
2. Benjamin Abalos, Jr., GL System Analyst, County Auditor, retiring after 23 years of service for Nueces County. Comment: Ben Abalos.
             
G. SPECIAL RECOGNITION:
             
1. Recognize Alan Wilson and Amistad Community Health Center. Comment: Alan Wilson.
             
2. Announcement of the August 2019 Nueces County Employee of the Month. Employee of the Month for August 2019 is Ruth Dominguez from the Human Resources Department. Comment: Ruth Dominguez and Margaret Meade.
             
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. Comment: Margaret Fratila and Robert Heil.
             
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 Marez, Second by:Commissioner Vaughn
Motion: Approve all Consent Agenda items with the exception of H; I; and M.
  Vote: 4 - 0 Approved
 
Other: Commissioner Chesney (Absent)
             
A. Authorize payment of bills - regular bill summaries dated July 03, 2019, July 12, 2019, July 15, 2019, and July 19, 2019.
  Attachments:
  CK Reg 07-03-19.pdf
  CK Reg 07-12-19.pdf
  CK Reg 07-15-19.pdf
  CK Reg 07-19-19.pdf
 
             
B. Authorize payment of bills - manual check registers dated July 02,  2019  to July 15, 2019.
  Attachments:
  Manual Ck Reg.pdf
 
             
C. Authorize payment of bills - special motions list dated July 24, 2019.
  Attachments:
  Special Motion List.pdf
  Special Motion Backup.pdf
 
             
D. Authorize payment of bills - group health insurance claims and fees:
1. Boon Chapman - July 2 - 9, 2019
  Attachments:
  Group Health JUL Weekly
 
             
E. Approve and accept donations (list attached) to the county in accordance with LGC 81.032.
  Attachments:
  Donations.pdf
 
             
F. Approve the submission of a grant application to U.S. Department of Justice, Office of Justice Programs, Office for Victims of Crime for the FY 2019 Law Enforcement-Based Victim Specialist Program.
             
G. Approve application procedure for the following Nueces County Advisory Boards:
1. Nueces County Animal Control Advisory Committee
2. Nueces County Hospital District Board of Managers
3. Nueces County Special Task Unit - Adult Protective Services
  Attachments:
  NC Animal Control Advisory Committee
  NC Hospital District Board of Managers
  NC Special Task Unit - APS
 
             
H. Approve a finding for the method of procurement (request for competitive bids) for the lease of 121.63 acres of farmland adjacent to the Robstown Airport; authorize the Purchasing Agent to publish a notice; and adopt an order.
  Motion by:Commissioner Marez, Second by:Commissioner Vaughn
Motion: Approve a finding for the method of procurement (request for competitive bids) for the lease of 121.63 acres of farmland adjacent to the Robstown Airport; authorize the Purchasing Agent to publish a notice; and adopt an order. Comment: Michael Robinson.
  Vote: 4 - 0 Approved
 
Other: Commissioner Chesney (Absent)
  Attachments:
  Order - Airport Farm Land Lease 20190267-7/24
 
             
I. Approve a finding for the method of procurement (request for competitive bids) for ADA Modifications Courthouse Site Exterior; and authorize the Purchasing Agent to publish a notice.
  Motion by:Commissioner Marez, Second by:Commissioner Gonzalez
Motion: Approve a finding for the method of procurement (request for competitive bids) for ADA Modifications Courthouse Site Exterior; and authorize the Purchasing Agent to publish a notice. Comment: Michael Robinson.
  Vote: 4 - 0 Approved
 
Other: Commissioner Chesney (Absent)
             
J. Authorize an NPPGov Contract No. VH111603 purchase with ProForce Law Enforcement for 8 new pistols for District Attorney’s Office.
  Attachments:
  NPPGov Contract No. VH111603 ProForce Law Enforcement 20190268-7/24
 
             
K. Authorize Texas SmartBuy Contract No. 748-S1 purchase from Vulcan Construction Materials, LLC for 5000 tons of Aggregate Type PB, Grade 3S for Public Works.
Authorize Texas SmartBuy Contract No. 748-S1 purchase from Vulcan Construction Materials, LLC for 5000 tons of Aggregate Type PB, Grade 4S for Public Works.
 
Ratify Texas SmartBuy Contract No. 748-S1 purchase from Vulcan Construction Materials for 2000 tons of Aggregate Type PB, Grade 3S for Public Works.
Ratify Texas SmartBuy Contract No. 748-S1 purchase from Vulcan Construction Materials for 2000 tons of Aggregate Type PB, Grade 4S for Public Works.
  Attachments:
  Vulcan TxSmartBuy purchase order
 
             
L. Authorize BuyBoard Contract No. 565-18 purchase with Material Producers Construction Services a subsidiary of ROMCO, Inc. for McKenzie Annex generator.
  Attachments:
  ROMCO quote
 
             
M. Approve a finding for the method of procurement (request for proposals) for Security Assessment Consulting Services; authorize the Purchasing Agent to publish a notice; and adopt an order delegating evaluation authority to a selection committee.
  Motion by:Commissioner Marez, Second by:Commissioner Gonzalez
Motion: Approve a finding for the method of procurement (request for proposals) for Security Assessment Consulting Services; authorize the Purchasing Agent to publish a notice; and adopt an order delegating evaluation authority to a selection committee. Comment: Michael Robinson.
  Vote: 4 - 0 Approved
 
Other: Commissioner Chesney (Absent)
  Attachments:
  Order - Method of Procurement for Security Assessment Services 20190269-7/24
 
             
N. Authorize master subscription and service agreement with eCivis for sole source grant management software.
  Attachments:
  eCIVIS Grant Software Contract 20190270-7/24
 
             
4.
REGULAR AGENDA:
             
A. AGENDA ITEMS
             
1. Receive a briefing from Estrada Hinojosa and Company, the County’s Financial Advisors, on the County’s Financial Overview and potential consequences of Senate Bill 2 of the 86th Texas Legislative Session. Comment: Noe Hinojosa and Bobby Villarreal.
             
2. Receive presentation from Sharon Fleming, AIA, of the Texas Historical Commission, on the draft feasibility study on the Historic 1914 Nueces County Courthouse. Comment: Sharon Fleming.
  Attachments:
  Feasability Study - Historic Courthouse
 
             
3.
Receive information related to review of Hospital District-funded programs relating to diversion of persons from jails or other detention facilities, provision of crisis intervention teams, expansion of mobile crisis outreach, and development of jail-based competency restoration and for a Comprehensive Mental Health Needs Assessment for Nueces County. Comment: Jonny Hipp.
  Attachments:
  2019.07.23_NCHD BOM Special Mtg Agenda
 
             
4. Receive presentation related to the establishment of a personal bond office as authorized by Article 17.42, Code of Criminal Procedure. Comment: Marilee Roberts.
  Attachments:
  Bond Office Proposal
 
             
5. Receive presentation from American Conservation Experience on work they are doing throughout Texas, the Coastal Bend, and Coastal Parks with Habitat conservation and preservation efforts. Comment: Scott Cross, Dan McClendon and Edward Herrera.
  Attachments:
  A Letter to Nueces County Commissioners Court
 
             
6. Discuss and Consider creating a Natural Resources Specialist II position to support Coastal Parks and the Public Works Department.
  Motion by:Commissioner Gonzalez, Second by:Commissioner Vaughn
Motion: Create a Natural Resources Specialist II position to support Coastal Parks and the Public Works Department.
  Vote: 3 - 0 Approved
 
Other: Commissioner Marez (Absent)
  Commissioner Chesney (Absent)
  Attachments:
  Job Description
 
             
7. Discuss and consider approval of updated Nueces County Personnel Policy Manual, specific to the Emergency/Disaster Leave policy.
  Motion by:Commissioner Gonzalez, Second by:Commissioner Vaughn
Motion: Approval of updated Nueces County Personnel Policy Manual, specific to the Emergency/Disaster Leave policy with the addition of: "up to 10 business days" now changed to "up to 14 calendar days". Comment: Julie Guerra.
  Vote: 4 - 0 Approved
 
Other: Commissioner Chesney (Absent)
  Attachments:
  Disaster Policy
 
             
8. Receive an update from Public Works on the exact chemicals and methods used by Vector Control to treat mosquitoes in Nueces County. Comment: Juan Pimentel.
             
9. Discuss and consider approval of amended engagement letter for legal services with Lynn Butler and Associates of Husch Blackwell, LLP, for purposes of consultation related to Foreign Trade Zones, Bankruptcy and Tax Abatements.
  Motion by:Commissioner Gonzalez, Second by:Commissioner Vaughn
Motion: Approval of amended engagement letter for legal services with Lynn Butler and Associates of Husch Blackwell, LLP, for purposes of consultation related to Foreign Trade Zones, Bankruptcy and Tax Abatements. Comment: Laura Garza Jimenez.
  Vote: 4 - 0 Approved
 
Other: Commissioner Chesney (Absent)
  Attachments:
  Engagement Letter Amended Tax Abatement Foreign Trade Zone Consultant 20190271-7/24
 
             
10. Receive documents showing the change in ownership and transfer of Tax Abatement from M&G Resins, et. al., to Corpus Christi Polymers, LLC. Comment: Laura Garza Jimenez.
  Attachments:
  Letter Showing Ownership M&G - to CC Polymers
  Exhibit A
  Exhibit B
 
             
11. Discuss and consider approval of a personal services contract with Tim Richardson related to Restore Act Funding Sources, and related matters.
  Motion by:Commissioner Gonzalez, Second by:Commissioner Vaughn
Motion: Table item. Comment: Laura Garza Jimenez.
  Vote: 4 - 0 Approved
 
Other: Commissioner Chesney (Absent)
  Attachments:
  Tim Richardson Contract
  TR Attachment A
  TR Attachment B
  HB89 Form
 
             
12. Discuss and consider selection of LJA Engineers related to Restore Act Funding Sources, and related matters.
  Motion by:Commissioner Vaughn, Second by:Commissioner Marez
Motion: Table item. Comment: Laura Garza Jimenez and Edward Herrera.
  Vote: 4 - 0 Approved
 
Other: Commissioner Chesney (Absent)
  Attachments:
  Petronila Creek Water Shed
 
             
B. GRANTS
             
1. Receive an update regarding the County’s draft applications for the Community Development Block Grant – Disaster Recovery (CDBG-DR) funding available through the Texas General Land Office (GLO). 
  Motion by:Commissioner Gonzalez, Second by:Commissioner Marez
Motion: Approve County’s draft applications for the Community Development Block Grant – Disaster Recovery (CDBG-DR) funding available through the Texas General Land Office (GLO). Comment: Maria Bedia, Edward Herrera.
  Vote: 4 - 0 Approved
 
Other: Commissioner Chesney (Absent)
             
C. PURCHASING
             
1. Discuss and award IFB 3097-19 Hilltop Community Center Re-Roof and HVAC Replacement.
  Motion by:Commissioner Vaughn, Second by:Commissioner Marez
Motion: Table item. Comment: Michael Robinson.
  Vote: 4 - 0 Approved
 
Other: Commissioner Chesney (Absent)
  Attachments:
  IFB 3097-19 bid tab
 
             
2. Discuss and award IFB No. 3106-19 Motor Oil and Lubricants.
  Motion by:Commissioner Gonzalez, Second by:Commissioner Marez
Motion: Award IFB No. 3106-19 Motor Oil and Lubricants to Arnold Oil Company. Comment: Michael Robinson.
  Vote: 4 - 0 Approved
 
Other: Commissioner Chesney (Absent)
  Attachments:
  IFB 3106-19 bid tab
 
             
3. Discuss/Award RFP 3108-19 National Network, and-or Local Network and Secondary (Wrap) Network, or other Network Services.
  Attachments:
  RFP 3108-19 proposal tab
 
             
4. Discuss/Award RFP 3109-19 Aggregate and Specific Re-Insurance (Stop Loss) for the Nueces County Employee Self-Funded Group Health Program.
  Motion by:Commissioner Gonzalez, Second by:Commissioner Marez
Motion: Award RFP 3109-19 Aggregate and Specific Re-Insurance (Stop Loss) for the Nueces County Employee Self-Funded Group Health Program. Comment: Michael Robinson.
  Vote: 3 - 0 Approved
 
Other: Commissioner Vaughn (Abstain)
  Commissioner Chesney (Absent)
  Attachments:
  RFP 3109-19 proposal tab
 
             
D. AUDITOR
             
1. Approve Budget Change Order No. 18 for Fiscal Year 2018-2019.
  Motion by:Commissioner Marez, Second by:Commissioner Gonzalez
Motion: Approve Budget Change Order No. 18 for Fiscal Year 2018-2019. Comment: Dale Atchley.
  Vote: 4 - 0 Approved
 
Other: Commissioner Chesney (Absent)
  Attachments:
  BCO#18 List.pdf
  BCO#18 Backup.pdf
 
             
2. Approve monthly financial report for the month of May 2019.
  Motion by:Commissioner Gonzalez, Second by:Commissioner Marez
Motion: Approve monthly financial report for the month of May 2019. Comment: Dale Atchley.
  Vote: 4 - 0 Approved
 
Other: Commissioner Chesney (Absent)
  Attachments:
  MFR MAY 2019.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. Discuss and consider settlement demand from Belfor Restoration Company, and related matters.
  Motion by:Commissioner Gonzalez, Second by:Commissioner Vaughn
Motion: Table item.
  Vote: 4 - 0 Approved
 
Other: Commissioner Chesney (Absent)
             
B. Discuss and consider selection of an applicant to fill the position of the Medical Examiner on or after August 1, 2020.
  Motion by:Commissioner Gonzalez, Second by:Commissioner Vaughn
Motion: Table item.
  Vote: 4 - 0 Approved
 
Other: Commissioner Chesney (Absent)
             
C. Discuss and consider Grievance 062019-1; Armin Lopez vs. all Nueces County Justices of the Peace-Joe Benavides, Henry Santana, Lucy Rubio, Jo Woolsey, Thelma Rodriguez, Larry Lawrence, Duncan Neblett, Robert Gonzalez, and Armando Gonzalez.
  Motion by:Commissioner Gonzalez, Second by:Commissioner Vaughn
Motion: Refer this back to the Justice of the Peace Judges. Comment: Laura Garza Jimenez; Julie Guerra; Armin Lopez.
  Vote: 4 - 0 Approved
 
Other: Commissioner Chesney (Absent)
 

The Court was adjourned at 2:19 p.m. in memory of all those citizens that are grieving.

There being no further business to come before the Court, it is ordered that this meeting does now
stand adjourned, this the 24th day of July, 2019.

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