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Nueces County Seal

NUECES COUNTY, TEXAS

COMMISSIONERS COURT AGENDA
 

*This meeting will have remote access; See instructions below:

 

NOTICE OF PUBLIC MEETING*


*Public Notice is hereby given that to the extent the Commissioners Court has distinguished between subjects for public deliberation and those for executive session deliberation, that  practice has changed. The Commissioners Court is hereby notifying the public that any item listed anywhere on the agenda, if permitted by law, may be discussed in executive session. See Executive Session below.
 

 

MAY 24, 2023

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. Up to two (2) Court members may participate remotely.
 
CONNIE SCOTT
COUNTY JUDGE
ROBERTO G. HERNANDEZ
COMMISSIONER, PRECINCT NO. 1
JOE A. GONZALEZ
COMMISSIONER, PRECINCT NO. 2
JOHN MAREZ
COMMISSIONER, PRECINCT NO. 3
BRENT CHESNEY
COMMISSIONER, PRECINCT NO. 4

KARA SANDS, CLERK OF THE COURT
 

INFORMATION ON THE COMMISSIONERS COURT AGENDA

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 three (3) minutes. The County Judge may, if he/she 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.

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.

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.
 
COMMISSIONERS, PRESENTERS, CONTRIBUTORS, AND PUBLIC ACCESS

The commissioners court members, public, presenters, contributors, and others may access the meeting and make public comment, by clicking the link below and registering prior to the calling of public comment at the beginning of the meeting.  Link to webpage instructions: https://www.nuecesco.com/remotepubliccomment


Click the link above for access to the virtual meeting link to join the live broadcast of Commissioners Court. You must join before public comment is called to attend the virtual meeting. Once in the meeting, you will be muted until it is time for public comment. During public comment, the name you submitted will be announced before unmuting you. Before speaking, you will be asked to state, for the record:
  • Your full name, and
  • Your address
   Or QR Code

 

 
             
1. CALL TO ORDER
 
A. County Judge calls for the Invocation.
 
B. Pledge of Allegiance to the United States of America and Texas Flags.
 
C. County Judge will call roll, note date, time, and location of meeting, and certify a quorum is present.
 
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.
 
E. Present the following Certificate(s) of Recognition:
 
1.   In recognition of Margaret Sayers 22 years of service to Nueces County. Click to View
 
2.   In recognition of Jason Green, General Manager of the Richard M. Borchard Regional Fairgrounds. Click to View
 
F. Adopt the following Resolution(s), Proclamation(s), and/or Order(s):
 
1.   In recognition of Port Aransas Tennis State Champion.  Click to View
 
2.   In recognition of the London State Tennis Champion. Click to View
 
3.   In recognition of the week of May 21st, being Search and Rescue Week.  Click to View
 
Attachments
Proclamation - Search and Rescue Week
 
4.   In recognition of "National Stop the Bleed Day", May 25, 2023. Click to View
 
5.   In recognition of "Disabled American Veterans Memorial Day", May 29, 2023. Click to View
 
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.
 
H. BOARD APPOINTMENTS:
 
1.   South Texas Water Authority Click to View
 
Attachments
Board Description - South Texas Water Authority
Letter of Intent - Kathleen Lowman and Angela Pena
 
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.
 
A.   Accept Commissioners Court Minutes for May 10, 2023. Click to View
 
B.   Authorize payment of bills - regular bill summaries dated May 26, 2023; and received check registers for payments on the vendor exception list dated May 5 and 12, 2023; and previously approved special motions payments dated May 12, 2023. Click to View
 
Attachments
CK Reg - Regular 05-26-23
CK Reg - Exceptions 05-05-23
CK Reg - Exceptions 05-12-23
CK Reg - Special Motions 05-12-23
 
C.   Authorize payment of bills - Manual check registers dated May 02, 2023, to May 15, 2023. Click to View
 
Attachments
Manual CK-Reg
 
D.   Authorize payment of bills - Special Motions List dated May 24, 2023. Click to View
 
Attachments
Special Motions Regular - List
Special Motions Regular - Backup
 
E.   Authorize payment of bills - Special Motions List for Lockwood Andrews & Newnam dated May 24, 2023. Click to View
 
Attachments
Special Motions LAN List
Special Motions LAN Backup
 
F.   Authorize payment of bills - Special Motions List for Hagerty Consulting Inc. dated May 24, 2023. Click to View
 
Attachments
Special Motions Hagerty - List
Special Motions Hagerty - Backup
 
G.   Authorize payment of bills - group health insurance claims and fees by Boon Chapman dated May 2nd, 9th, and 16th, 2023. Click to View
 
Attachments
Group Health - Weekly
 
H.   Receive Monthly Travel Expense Reports for Travel that occurred between February 2023 through May 2023. Click to View
 
Attachments
Travel Expense Report February 2023
Travel Expense Report March 2023
Travel Expense Report April 2023
Travel Expense Report May 2023
 
I.   Personnel Actions Report Click to View
 
Attachments
Personnel Actions Report
 
J.   Ratify Proclamation designating May 14 - 20, 2023 as "Police Week" in Nueces County. Click to View
 
Attachments
Proclamation - National Police Week 2023
 
K.   Authorize contract between Nueces County Medical Examiner and the South Texas Blood and Tissue Center (STBTC) for off-site tissue recovery in Medical Examiner cases. Click to View
 
Attachments
STBTC Contract
 
L.   Approve submission of a grant application to the Bureau of Justice Assistance (BJA) under the FY2023 State Criminal Alien Assistance Program (SCAAP) for reimbursement of costs related to incarcerating undocumented criminal aliens. Click to View
 
M.   Authorize execution of updated hoopla® Digital Media service agreement with Midwest Tape, LLC, for Nueces County Public Libraries. Click to View
 
Attachments
hoopla Agreement
Texas Verification documents
 
N.   Approve application procedure for Nueces County Historical Commission. Click to View
 
O.   Approve method of procurement RFP (request for proposals) for Auditing Services; authorize the Purchasing Agent to publish a notice; and adopt an order delegating evaluation authority to a selection committee. Click to View
 
Attachments
Order for Auditing Services
 
3. REGULAR AGENDA:
 
A. AGENDA ITEMS
 
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. Click to View
 
Attachments
CCT March 8, 2023 - Interlocal Agreement
Red Line Draft - Updated 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. Click to View
 
3.   Discuss and consider the insurance findings for the restaurant space at Bob Hall Pier and related all other matters.  Click to View
 
Attachments
Carlisle Letter re. Insurance for Bob Hall Pier
 
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. Click to View
 
Attachments
Proposal Design
Engineering Services Agreement
 
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. Click to View
 
Attachments
102 Mariners Drive
Letter to GLO
Letter from GLO
 
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. Click to View
 
Attachments
Dune Protection Permit App. for Admiral's Row Dune Walkover
Memo to Judge DPP04012023 DW Admirals Row
 
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. Click to View
 
Attachments
Agreement for Beach Lifeguard Services
 
8.   Discuss and consider approving an agreement with SmartAdvocate, LLC for a case management subscription for the Public Defender's Office. Click to View
 
Attachments
SmartAdvocate Subscription Work Order
 
9.   Discuss and consider approving $10,000 in funding for the Coastal Bend Field of Honor at Richard M Borchard Fairgrounds, and related matters.  Click to View
 
Attachments
Coastal Bend Field of Honor at RMB Fairgrounds Flyer
 
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. Click to View
 
Attachments
Joel Romo Supp Agrmt - CCT 9/14/2022
Joel Romo Contract - CCT 4/13/2022
Patricia Shipton Supp Agrmt - CCT 9/14/2022
Patricia Shipton Contract - CCT 4/13/2022
 
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. Click to View
 
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. Click to View
 
Attachments
Glide Path for ARPA Funded Positions
 
13.   Discuss and consider allocating $49,500 in ARPA funds to Hope Unlimited. Click to View
 
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. Click to View
 
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. Click to View
 
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. Click to View
 
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. Click to View
 
18.   Discuss and consider next Commissioners Court meeting date, and related matters. Click to View
 
Attachments
2023 Commissioners Court Schedule
 
B. PUBLIC WORKS
 
1.   Discuss and consider approval of Change Order No. 5 with ABM relating to the Energy Savings Performance Contract; and related matters. Click to View
 
Attachments
ABM Change Order No. 5
 
2.   Receive report on ABM remaining projects and percentage completion, and related matters. Click to View
 
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.  
 
Click to View
 
C. PURCHASING
 
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). Click to View
 
Attachments
Texas Pack and Load ER Sales, Inc. Agreement
 
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. Click to View
 
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). Click to View
 
Attachments
IFB 3231-23 Contractor Agreement
 
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). Click to View
 
Attachments
IFB 3229-23 Contractor Agreement
 
D. AUDITOR
 
1.   Approve Budget Change Order No. 14 for Fiscal Year 2022-2023. Click to View
 
Attachments
BCO# 14 List
BCO#14 Backup
 
2.   Approve Capital Project Budget Change Order No. 121. Click to View
 
Attachments
CPBCO #121 List
CPBCO #121 Backup
 
3.   Approve a Monthly Financial Report for the month of April 2023. Click to View
 
Attachments
MFR April 2023
 
E. HUMAN RESOURCES
 
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). Click to View
 
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.  Click to View
 
Attachments
Reclassification Request
Cost to Reclassify Positions
 
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. Click to View
 
Attachments
LinkedIn Learning Overview
Texas DIR Cooperative Purchasing Contract
Texas DIR Cybersecurity Training Provider
Carahsoft - LinkedIn Corporation Quote
LinkedIn Learning Safety Courses
City of Austin Case Study
State of Missouri Case Study
 
F. INFORMATION TECHNOLOGY
 
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. Click to View
 
Attachments
Dell Quote
DIR Contract
Contract Amendment 1
Contract Amendment 2
State Forms
 
2.   Discuss and consider ARPA-funded purchase of eCitation County Law Enforcement Civil Service Management & Reporting Application from Tyler Technologies for Constable Precinct 2. Click to View
 
Attachments
E-Citation Agreement
E-Citation Sole Source Order
E-Citation Sole Source Letters
 
G. COLLECTIVE BARGAINING
 
1.   Discuss and consider whether, pursuant to Texas Government Code, 551.0725, deliberation in an open meeting would have a detrimental effect on the collective bargaining contract being negotiated between the County and the Nueces County Sheriff's Officers Association pursuant to Section 174, Texas Local Gov't Code, and related matters, based on recommendation of Special Counsel. Click to View
 
Attachments
Legal Opinion re. Closed Session Briefing
 
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.   Closed session pursuant to Section 551.0725, Texas Gov’t Code to deliberate business and financial issues relating to a collective bargaining contract being negotiated between the County and the Nueces County Sheriff’s Officers Association pursuant to Section 174, Texas Local Gov’t Code. Click to View
 
Attachments
Legal Opinion re. Closed Session Briefing
 
B.   Consult with outside counsel to discuss potential attorney fee obligations of the County relating to the removal proceedings involving the current Nueces County District Attorney; and related matters. (Tex. Gov't Code § 551.071) Click to View
 
C.   Consult with County Attorney and outside counsel regarding legal matters in 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; and related matters. (Tex. Gov't Code § 551.071) Click to View
 
D.   Consult with the County Attorney on legal matters related to 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. (Tex. Gov’t Code 551.071) Click to View
 
E.   Consult with the County Attorney regarding legal matters related to 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; and related matters. (Tex. Gov’t Code §551.071) Click to View
 
F.   Consult with the County Attorney regarding legal matters related to 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; and related matters. (Tex. Gov’t Code §551.071) Click to View
 
G.   Consult with County Attorney regarding Cease and Desist letter relating to Padre Balli Park; provide status update; discuss legal issues; and related matters. (Tex. Gov't Code § 551.071) Click to View
 
5. OPEN SESSION: Following Executive Session, the Commissioners Court will reconvene the Regular Meeting prior to taking any action(s) on matters considered in 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. Click to View
 
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. Click to View
 
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. Click to View
 
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. Click to View
 
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. Click to View
 
Adjournment in Memory (upon request)

    

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