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Nueces County Seal

 NUECES COUNTY, TEXAS

COMMISSIONERS COURT AGENDA

Regular Meeting begins at 8:30 a.m.
Public Hearing begins at 9:00 a.m.

 

*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.
 

 

NOVEMBER 3, 2021

The Nueces County Commissioners Court will meet on the above date at 8:30 a.m. with Public Hearing 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.
 
BARBARA CANALES
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 two (2) 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. SAFETY BRIEFING
 
E. 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.
 
F. PUBLIC HEARING WILL BEGIN AT 9:00 A.M.

The Nueces County Commissioners Court will conduct a public hearing to receive public input related to the Nueces County 2021 Redistricting Plan. The purpose of the public hearing is to discuss the local redistricting process, including timeline, and receive/present preliminary work model redistricting maps.

CLOSE PUBLIC HEARING AND RECONVENE REGULAR MEETING
 
G. GENERAL INFORMATION REPORTS:
 
1. Discuss disaster preparedness and response, including matters related to COVID-19, Emergency Orders, severe weather, flooding, drainage, economic recovery, state and federal assistance, and infrastructure status, and other related matters.
 
H. Accept the following Minutes:
 
1.   October 18, 2021 Click to View
 
Attachments
10-18-2021 Minutes
 
I. Adopt the following Resolution(s), Proclamation(s), and/or Order(s):
 
1.   In recognition of the month of November as Alzheimer's Awareness month. Click to View
 
J. BOARD APPOINTMENTS:
 
1.   Nueces County Hospital District Board of Managers Click to View
 
Attachments
Board Description
Letter of Intent - John Valls
Letter of Intent - Daniel Dain
 
2.   Nueces County Appraisal District Board of Directors Click to View
 
Attachments
Board Description - Appraisal District Board of Directors
Letter of Intent - Gabriele Hilpold
 
3.   Nueces County Animal Services Advisory Board Click to View
 
Attachments
Board Description - Animal Services
Board Application - John McBride
Board Application - Ninfa Acuna
 
4.   Nueces County Airport Advisory Board Click to View
 
Attachments
Board Description - Airport Advisory Board
 
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.   Authorize payment of bills - regular bill summaries dated October 20, 2021, and October 22, 2021. Click to View
 
Attachments
CK Reg 10-20-21.pdf
CK Reg 10-22-21.pdf
 
B.   Authorize payment of bills - manual check registers dated October 19, 2021, to October 25, 2021. Click to View
 
Attachments
Manual Check Reg 10.19.21-10.25.21
 
C.   Authorize payment of bills - special motions list date November 03, 2021. Click to View
 
Attachments
Special Motion List.pdf
Special Motions Backup.pdf
 
D.   Authorize payment of bills - group health insurance claims and fees by Boon Chapman dated October 19, and 26, 2021. Click to View
 
Attachments
Group Healthy Weekly.pdf
 
E.   Approve and accept donations (letter attached) to the county in accordance with Local Governmental Code 81.032. Click to View
 
Attachments
Donation.pdf
 
F.   Accept the following "Outside Agency" Reports for FY 2020-2021:
1. Boys & Girls Clubs of the Coastal Bend
2. Children's Advocacy Center of the Coastal Bend
3. Coastal Bend Wellness Foundation
4. Del Mar College Foundation Inc.
5. Je'Sani Smith Foundation
6. New Life Refuge Ministries
7. Nueces County Sheriff's Officers' Association
8. Port Aransas Chamber of Commerce
9. The Ark Assessment Center & Emergency Shelter
Click to View
 
Attachments
Boys & Girls Clubs of the Coastal Bend - FY20-21 Outside Agency Report
Children's Advocacy Center of the Coastal Bend - FY20-21 Outside Agency Report
Coastal Bend Wellness Foundation - FY20-21 Outside Agency Report
Del Mar College Foundation Inc. - FY20/21 Outside Agency Report
Je'Sani Smith Foundation - FY20/21 Outside Agency Report
New Life Refuge Ministries - FY20/21 Outside Agency Report
NC Sheriff Officers' Association - FY20-21 Outside Agency Report
Port Aransas Chamber of Commerce - FY20/21 Report
The Ark Assessment Center & Emergency Shelter - FY20-21 Outside Agency Report
 
G.   Accept the following "Family Protection Fee Reports" for FY 2020-2021:
1. Court Appointed Special Advocates (CASA)
2. Children's Advocacy Center of the Coastal Bend
3. The Ark Assessment Center & Emergency Shelter
Click to View
 
Attachments
CASA - FY20-21 Family Protection Fee Report
Children's Advocacy Center of the Coastal Bend - FY20-21 FPF Report
The Ark Assessment Center & Emergency Shelter - FY20/21 FPF Report
 
H.   Authorize execution of agreement with Collier, Johnson & Woods, P.C. for RFP No. 3175-21 Certified Public Accountant for Assisting with Administration of American Rescue Plan Act (ARPA) funds. Click to View
 
Attachments
RFP No. 3175-21 Engagement Letter
Debarment Statement and HB 89 Verification
 
I.   Authorize the execution of an Interlocal Agreement by and between Nueces County and Texas A&M AgriLife Extension Service for the Feral Hog Abatement Program. Click to View
 
Attachments
Interlocal Agreement
 
J.   Authorize the submission of a grant application to the Texas Veterans Commission Fund for Veterans’ Assistance for Veterans Treatment Court Grant. Click to View
 
K.   Approve the submission of a grant application for the 2022-2023 General Assistance grant made available through the Texas Veterans Commission Fund for Veterans’ Assistance Grant Program. Click to View
 
L.   Authorize the execution of a grant award notice, terms and conditions, and related documentation from the Texas A&M University Sponsored Research Services for the Texas Vaccine Outreach and Education grant, contingent upon review and acceptance by the County Attorney. Click to View
 
Attachments
Award Email
 
M.   Ratify Texas Health and Human Services Commission Home Delivered Meals Waiver for the year 2021 - 2023. Click to View
 
Attachments
HDM Waiver 2021-2023
 
3. REGULAR AGENDA:
 
A. AGENDA ITEMS
 
1.   Discuss and consider approval of a Memorandum of Understanding between Nueces County Coastal Parks and Coastal Bend Bays and Estuaries Program to execute education signage for the Packery Channel Nature Park. Click to View
 
Attachments
Agreement
Project Worksheet
 
2.   Discuss and consider approving Supplemental Agreement to Interlocal Agreement with Conrad Blucher Institute to add a time extension of sixty (60) days to continue with the coastal monitoring of Task 1 - 4. Click to View
 
Attachments
Supplemental Agreement
 
3.   Discuss and consider fiscal year 2021-22 American Rescue Plan Act (ARPA) premium pay distribution for Nueces County Sheriff’s Office Association collective bargaining unit members and certain cadet correctional officers, including, but not limited to:
a. Application of premium pay to straight hours worked
b. Payment of payroll taxes and other covered benefit expenses
c. Payment in excess of 150% of state’s average annual wage
Click to View
 
Attachments
Supplement re. Premium Pay
 
4.   Discuss and consider fiscal year 2021-22 American Rescue Plan Act (ARPA) premium pay for elected Nueces County law enforcement officials and related matters. Click to View
 
Attachments
Supplement re. Premium Pay
 
5.   Discuss and consider retroactive American Rescue Plan Act (ARPA) premium pay distribution for Nueces County Sheriff’s Office Association collective bargaining unit members and certain cadet correctional officers, including former employees, and/or law enforcement elected officials; establish retroactive premium pay start date beginning March 13, 2020 and related matters. Click to View
 
Attachments
Supplement re. Premium Pay
 
6.   Discuss and consider American Rescue Plan Act (ARPA) premium pay for County employees working within the Nueces County jail, but not collective bargaining unit members, county employees in direct contact with those working within the jail, and employees in direct contact with arrestees; and related matters. Click to View
 
7.   Discuss and consider fiscal year 2021-22 American Rescue Plan Act (ARPA) premium pay distribution for Nueces County employees (other than those working within the Nueces County Sheriff’s office or law enforcement), including, but not limited to:
a. Application of premium pay to straight hours worked
b. Payment of payroll taxes and other covered benefit expenses
c. Payment in excess of 150% of state’s average annual wage
d. ARPA ineligibility for remote work
Click to View
 
8.   Discuss and consider potential grant projects eligible under FEMA Building Resilient Infrastructure Communities (BRIC) grant program. Click to View
 
9.   Discuss and consider rescinding Order finding for the method of procurement (request for qualifications) for licensed professional Engineers for engineering services to provide program management to oversee projects, manage resources and teams to successfully execute Capital Improvement Programs (CIP). Click to View
 
10.   Discuss and consider approval of a finding for the method of procurement (request for qualifications) for licensed professional Engineers for engineering services to provide program management to oversee projects, manage resources and teams for unassigned projects. Click to View
 
Attachments
Order for RFQ for Program Mgmt
 
11.   Discuss and consider termination of the Hazel Bazemore Dog Park Project. Click to View
 
12.   Discuss and consider removing L.A.N.(Lockwood, Andrews & Newnam, Inc.) as Project Management from the Hilltop Community Center Project. Click to View
 
13.   Discuss and consider authorizing David Richter to proceed with the design development stage of the Hilltop Community Center Project. Click to View
 
14.   Discuss and consider approval of a one-year Interlocal Agreement, beginning January 1, 2022, through December 31, 2022, between Nueces County and San Patricio regarding cost contribution for Intoxilyzer Program and Techinical Supervisor services. Click to View
 
Attachments
AIS Interlocal Agreement NC and San Patricio
 
15.   Discuss and consider adoption of Nueces County Policy regarding the Medical Examiner’s Office. Click to View
 
Attachments
Policies regarding Medical Examiner
 
16.   Discuss and consider approval of any accrued overtime hours pursuant to County policy for essential exempt employees during declared disasters as it relates to COVID-19, and/or storm preparedness and response; severe weather preparedness and response; in addition, discuss and consider discontinuing overtime payments to essential exempt City County Health District Employees. Click to View
 
B. AUDITOR
 
1.   Approve Monthly Financial Report for the month of July 2021. Click to View
 
Attachments
MFR JUL 2021.pdf
 
2.   Approve Capital Project Budget Change Order No. 102. Click to View
 
Attachments
CPBCO #102 - List
CPBCO #102 - BackUp
 
3.   Approve Budget Change Order No. 02 for Fiscal Year 2021-2022. Click to View
 
Attachments
BCO#2 List
BCO #2 BackUp
 
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.   Consult with County Attorney and outside counsel in Case: 201863587, MASTER CASE v. TEXAS OPIOID LITIGATION; update relating to settlement with Janssen (Janssen means Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho-McNeil-Janssen Pharmacauticals, Inc., and Janssen Pharmaceutica, Inc.), including the Janssen Texas State-Wide Opioid Settlement Agreement and Settlement Term Sheet and Texas Subdivision Election and Release Form; discuss and consider adoption of a Resolution approving settlement of opioid-related litigation with Janssen; discuss and consider approval of settlement documents; authorize the Nueces County Attorney’s Office or outside counsel to execute settlement documents; and related matters. Click to View
 
B.   Consult with County Attorney regarding legal matters related to information gathered by County Attorney related to the Corpus Christi – Nueces County Health District cooperative agreement, City of Corpus Christi’s withdrawal from Health District, and County options. Click to View
 
C.   Consult with County Attorney regarding legal matters related to discontinuing overtime payments to essential exempt City-County Health District Employees. Click to View
 
D.   Consult with County Attorney regarding legal matters related to termination of Hazel Bazemore Dog Park project, including legal matters related to agreements with ABM Building Services, LLC and Wheaton Engineering and Environmental Science, LLC; and related matters. Click to View
 
E.   Consult with County Attorney regarding legal matters related to Lockwood, Andrews & Newnam, Inc. Project Management Services agreement; and related matters. Click to View
 
F.   Consult with County Attorney on legal matters related to the Texas Prompt Payment Act and County procedures for paying invoices. Click to View
 
G.   Discuss and consider duties of Public Works director, including hearing any complaint. Click to View
 
Adjournment in Memory (upon request)

    

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