D. ANNOUNCEMENT ON DISCLOSURE OF CONFLICTS OF INTEREST: Any Conflicts of Interest or Appearance of a Conflict of Interest with items on this agenda shall be declared at this time. Members with conflicts will refrain from voting and are asked to refrain from discussion on such items. Conflicts discovered later in the meeting shall be disclosed at that time.
1. In recognition of Margaret Sayers 22 years of service to Nueces County.
2. In recognition of Jason Green, General Manager of the Richard M. Borchard Regional Fairgrounds.
1. In recognition of Port Aransas Tennis State Champion.
2. In recognition of the London State Tennis Champion.
3. In recognition of the week of May 21st, being Search and Rescue Week.
4. In recognition of "National Stop the Bleed Day", May 25, 2023.
5. In recognition of "Disabled American Veterans Memorial Day", May 29, 2023.
G. 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.
1. South Texas Water Authority
2. 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.
E. Authorize payment of bills - Special Motions List for Lockwood Andrews & Newnam dated May 24, 2023.
F. Authorize payment of bills - Special Motions List for Hagerty Consulting Inc. dated May 24, 2023.
M. Authorize execution of updated hoopla® Digital Media service agreement with Midwest Tape, LLC, for Nueces County Public Libraries.
1. Discuss and consider revising the funding source for the Interlocal Agreement with the City of Robstown related to improvements at Diaz Park, as approved on March 8, 2023; Discuss and consider revisions to the Interlocal Agreement; Discuss and consider approval of the use of current funds and revised Interlocal Agreement.
2. Discuss and consider the authorization of premiums for a one-year policy term for Property and Casualty Insurance, per Broker of Record.
3. Discuss and consider the insurance findings for the restaurant space at Bob Hall Pier and related all other matters.
4. Discuss and consider execution of an agreement with Hanson Professional Services, Inc. for Engineering Services for Briscoe King Dune Walkover to complete engineering design and specifications for the rebuild of Briscoe King Dune Walkover, in the amount of $113,800.
5. Discuss and consider approval of a Dune Protection Permit for large scale construction of a single-family residence (DPP-202210-02p) located at 102 Mariners Drive, Corpus Christi, TX.
6. Discuss and consider approval of request for a Dune Protection Permit for the removal and replacement of an existing Dune Walkover (DPP-04012023-DW) at Admirals Row - Mustang Island, Nueces County, Texas.
7. Discuss and consider executing an agreement with the City of Port Aransas for lifeguard services along the beach at I.B. Magee Beach Park as authorized under Chapter 791 of the Texas Government Code for time frames listed in the agreement for Spring Break, Spring and Summer/Fall seasons of the year 2023.
8. Discuss and consider approving an agreement with SmartAdvocate, LLC for a case management subscription for the Public Defender's Office.
9. Discuss and consider approving $10,000 in funding for the Coastal Bend Field of Honor at Richard M Borchard Fairgrounds, and related matters.
10. Discuss and consider authorizing an extension through September 30th, 2023 for Legislative Consultants, Joel Romo and Patricia Shipton for services related to the 88th Texas Legislative Session, strategic planning, consulting, and governmental relations services.
11. Receive update regarding American Rescue Plan Act (ARPA) fund balances, and related matters; discuss and consider reallocation of ARPA funds for potential projects, and related matters.
12. Discuss and consider allocation of ARPA funds in the amount of $400,000 for costs related to ARPA position payroll through FY 23/24 budget, and all related matters.
13. Discuss and consider allocating $49,500 in ARPA funds to Hope Unlimited.
14. Discuss and consider allocating an additional $300,000 for capital improvements or permanent purchases of assets for school safety for London, Port Aransas, Seashore, Flour Bluff and CCISD schools in Precinct 4 from Precinct 4 ARPA funds.
15. Discuss and consider allocating $144,441 from Precinct 3, American Rescue Plan Act (ARPA) funds to City of Robstown Utility Systems (CORUS) for Waste Water Line Rehabilitation Project D and related matters.
16. Discuss and consider authorizing notification to public utilities and common carriers of Tesla Inc.’s proposal to close, abandon and vacate portions of County Road 28 and County Road 79; and related matters.
17. Discuss and consider moving ceremonial resolutions to 8:45 am and the regular meeting time to 9:15 am and all related matters. All ceremonial resolutions would not require a quorum of the court and would no longer be voted on.
18. Discuss and consider next Commissioners Court meeting date, and related matters.
1. Discuss and consider approval of Change Order No. 5 with ABM relating to the Energy Savings Performance Contract; and related matters.
2. Receive report on ABM remaining projects and percentage completion, and related matters.
3. Discuss and consider authorizing Public Works to obtain cooperative bids as the method of procurement for development of a second courtroom for County Court At Law No. 5.
1. Discuss and consider awarding and execution of a contract with Texas Pack & Load ER Sales, Inc. in the amount of $519,279 (ARPA Funds) for the purchase one (1) new hydro truck with tanks and hoses (RFP 3212-22 C).
2. Discuss and consider approval for method of procurement IFB (invitation for bids) for Nueces County Courthouse 6th Floor Renovations - Public Defender's Office, and authorize the Purchasing Agent to publish a notice.
3. Discuss and consider award and execution of an Agreement with Progressive Structures, Inc. for the Hazel Bazemore Splash Pad Project for Precinct 1 (IFB No. 3231-23).
4. Discuss and consider award and execution of an Agreement with Brizo Construction, LLC for the Hazel Bazemore Park New Restroom Building (IFB No. 3229-23).
1. Approve Budget Change Order No. 14 for Fiscal Year 2022-2023.
2. Approve Capital Project Budget Change Order No. 121.
3. Approve a Monthly Financial Report for the month of April 2023.
1. Discuss and consider approving an increase in salary supplement for three (3) positions within the Sheriff's Office in the amount of $5,000 per year plus benefits, funding will come from the Sheriff's Inmate Benefit Fund (1324).
2. Discuss and consider approval to reclassify the two (2) Environmental Enforcement positions from Pay Group 20 to Pay Group 23; salary increase will be funded by deletion of the budgeted Sr Clerk position, Pay Group 13 which remains vacant.
3. Discuss and consider approval to purchase of a 25-employee license for LinkedIn Learning for 6 months at a cost of $2,644.75, to be paid out of 1280-5311 (Employee Benefits) in the current fiscal year.
1. Discuss and consider authorizing and approving a Texas DIR Contract No. DIR-TSO-3763 with DELL Technologies in the amount of $159,878.15 for the purchase of computer hardware for annual warranty replacements for Information Technology.
2. Discuss and consider ARPA-funded purchase of eCitation County Law Enforcement Civil Service Management & Reporting Application from Tyler Technologies for Constable Precinct 2.
4. 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 anywhere on the Agenda, when authorized by the provisions of the Open Meetings Act, Chapter 551 of the Texas Government Code. To the extent there has been a past practice of distinguishing items for public deliberation and those for executive session, the public is advised that the Court is departing from that practice, and reserves the right to discuss any listed agenda items in executive session when authorized by law to do so. 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 attorney's fees proposal from outside counsel to represent District Attorney Mark Gonzalez in the litigation involving the Petition to Remove him from office.
B. Discuss, consider, and take action regarding settlement participation and release forms regarding settlement offers in the matter of Texas opioid multi-district litigation, County of Nueces v. Purdue Pharma, Inc., et al., Multi-District Litigation (MDL) Pretrial Cause No. 2018-63587, in the 152nd District Court of Harris County, Texas; authorize the Nueces County Judge, Nueces County Attorney’s Office and/or outside counsel to execute necessary settlement documents; and related matters.
C. Discuss, consider, and take action on settlement demand and negotiation in Cause No. 2022CCV-61163-3; Manuel Mota, et al. v. Nueces County, et al., in the County Court at Law No. 3 of Nueces County, Texas; and related matters.
D. Discuss, consider, and take action on settlement in 2:21-cv-00235, Margaret Mary Smith v. Nueces County, Texas, Gage Matthew Hinojosa, Individually, Wellpath Recovery Solutions, LLC, Wellpath, LLC, et al. in the Southern District of Texas, Corpus Christi Division; approve Settlement and Release documents; authorize the issuance of settlement check; and approving all related matters to accomplish settlement and payment herein; and related matters.
E. Discuss, consider, and take action on Master File No. D-1-GN-16-000370; In Re Volkswagen Clean Diesel Litigation: TCAA Enforcement Case; 353rd District Court of Travis County, Texas. Transferred from: 2016DCV-0164-B; Nueces County, Texas and State of Texas v. Volkswagen Group of America, et.al.; 117th District Court of Nueces County, Texas; Authorize substitution of counsel and signing of waiver of potential conflicts; and related matters.
May 24, 2023 Commissioners Court - Regular