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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 HEARING
AND
REGULAR 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.
 

 

SEPTEMBER 8, 2021

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 where it is the intent to have a quorum present at that location. 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 (Nueces County and Nueces County Hospital District budgets)

The Commissioners Court will conduct a public hearing on the proposed 2021-2022 Nueces County and Nueces County Hospital District budgets.

CLOSE PUBLIC HEARING

RECONVENE MEETING
Click to View
 
G. Adopt the following Resolution(s), Proclamation(s), and/or Order(s):
 
1.   In recognition of the week of September 13-17 as National Disability Voter Registration Week. Click to View
 
Attachments
Resolution-National Disability Voter Registration Week
 
2.   In recognition of the month of September as Childhood Cancer Awareness Month. Click to View
 
H. GENERAL INFORMATION REPORTS:
 
1.   Introduction of Interim Emergency Management Coordinator. Click to View
 
2. 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.
 
I. Accept the following Minutes:
 
1.   August 16, 2021
August 30, 2021
Click to View
 
Attachments
08 16 2021 Minutes
08-30-2021 Minutes
 
J. BOARD APPOINTMENTS:
 
1.   Beach Management Advisory Committee Click to View
 
Attachments
Board Application - James Dinn
 
2.   Nueces County Special Task Unit of Adult Protective Services Click to View
 
Attachments
Letter of Intent - Lisa Brown
Letter of Intent - Michelle Coward
Letter of Intent - Mark Hendrix
 
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 August 13, 2021; August 20, 2021; and August 27, 2021. Click to View
 
Attachments
Ck Reg 8-13-21
Ck Reg 8-20-21
Ck Reg 8-27-21
 
B.   Authorize payment of bills - manual check registers dated August 09, 2021, to August 30, 2021. Click to View
 
Attachments
Manual CK-Reg 8.9-8.30
 
C.   Authorize payment of bills - special motions list dated September 08, 2021. Click to View
 
Attachments
Special Motions List.pdf
Special Motions Backup.pdf
 
D.   Authorize payment of bills - group health insurance claims and fees by Boon Chapman dated August 10, 17, and 24, 2021. Click to View
 
Attachments
Group Health - Aug Wkly
 
E.   Approve contract amendment with American Diabetes Association for an additional $10,500.00 for Fiscal Year 2020-2021.
1.  County Judge - $500
2.  Commissioner Pct. 4 - $10,000
Click to View
 
Attachments
American Diabetes Association - FY20/21 Amendment
HB89 Form - American Diabetes Association
 
F.   Approve the purchase of the service license for the use of Family Medical Leave Act (FMLA) Manager tracking software for the Human Resources Department from JJ Keller for one year. Click to View
 
G.   Authorize the Corpus Christi-Nueces County Public Health District (CCNCPHD) to accept a grant contract amendment with the Texas General Land Office (GLO) to  collect and analyze recreational beach water samples for the period of September 8, 2021 through August 31, 2022 and approve work order No. C992 in the amount not to exceed $127,000 for base water samples submitted, apportioned as  $55.00 for base samples submitted; and $70.00 for repeat sampling required, for the period September 8, 2021 through August 31, 2022 and authorize the Director of the CCNCPHD to sign on behalf of Nueces County. Click to View
 
Attachments
GLO Contract
 
H.   Authorize the Corpus Christi-Nueces County Public Health District (CCNCPHD) to enter into a contract with the Department of State Health Services (DSHS) in the amount of $900,000.00 for the period September 8, 2021 through June 30, 2023 for activities to establish, expand, train and sustain public health workforce in support of Coronavirus 2019 (COVID-19) response; and to create and unfreeze a Sr. Project Manager (Grade 211) position; this position has been reviewed and approved by Human Resources and authorize the Director of the CCNCPHD, to sign on behalf of Nueces County. Click to View
 
Attachments
PH Workforce Contract
 
I.   Authorize the Corpus Christi-Nueces County Public Health District (CCNCPHD) to enter into a contract with the Department of State Health Services (DSHS) in the amount of $500,000.00 for the period September 8, 2021 through May 31, 2023 for COVID-19 activities to ensure community engagement in targeted communities disproportionately impacted by COVID-19; and to create and unfreeze three Public Health Information Officers position; these positions have been reviewed and approved by Human Resources and authorize the Director of the CCNCPHD, to sign on behalf of Nueces County. Click to View
 
Attachments
Disparities Grant
 
J.   Authorize the Corpus Christi-Nueces County Public Health District (CCNCPHD) to accept a grant amendment with the Department of State Health Services (DSHS) to provide funding for Public Health Emergency COVID-19 activities in the amount of $2,139,368.00; and authorize the Director of the Corpus Christi-Nueces County Public Health District (CCNCPHD), to sign on behalf of Nueces County. Click to View
 
Attachments
COVID-19 Amendment
 
K.   Accept a grant award from the Texas Library Association under their 2021 Texas Book Festival Collections Enhancement grant program. Click to View
 
Attachments
Tx Book Festival Award Letter
 
L.   Authorize execution of a Certificate of Construction Completion for the IFB No. 3113-19 Banquete Booster Pump Station Cyndie Park II Project. Click to View
 
Attachments
Certificate of Construction Completion
 
M.   Ratify the execution of the Statewide Automated Victim Notification Service (SAVNS) Grant Contract No. 2219350 with the Office of the Attorney General. Click to View
 
Attachments
FY22 OAG SAVNS Contract
 
N.   Approve the execution of a Second Contract Renewal Participating Entity Services Agreement for the Statewide Automated Victim Notification Service (SAVNS) with Appriss Inc. Click to View
 
Attachments
FY22 Appriss 2nd Contract Renewal
 
O.   Authorize the execution of a Statement of Grant Award from the Texas Indigent Defense Commission for the FY2022 Continuing Multi-Year Improvement Grant program. Click to View
 
Attachments
FY22 TIDC Improvement Grant Award
 
P.   Authorize the execution of a grant agreement with the Texas Department of Transportation for the Routine Airport Maintenance Program. Click to View
 
Attachments
2022 RAMP Contract
 
Q.   Adopt a resolution in support of the City of Corpus Christi’s participation in the FY2022 Texas Department of Agriculture, Texans Feeding Texans: Home Delivered Meals Grant Program. Click to View
 
Attachments
Home Delivered Meals Resolution
 
R.   Authorize execution of agreement with Sunoco for RFP No. 3163-21 for Bulk Diesel and Unleaded Fuel Contract. Click to View
 
Attachments
IFB No. 3163-21 Agreement
 
S.   Authorize execution of Agreement Amendment No. 1 with Absolute Waste Services, Inc for RFP 3081-18 Solid Waste Collection & Disposal Service for County Residents. Click to View
 
Attachments
IFB No. 3081-18 Agreement Amendment No. 1
 
T.   Approve a finding for the method of procurement (request for competitive bids) for copy paper, computer paper, NCR paper and envelopes; and authorize the Purchasing Agent to publish a notice. Click to View
 
U.   Authorize execution of Agreement Amendment No. 1 with HAC Materials, Ltd, for IFB No. 3143-20 Hot Mix Asphaltic Concrete, Type D, PG 64-22. Click to View
 
Attachments
IFB No. 3143-20 Agreement Amendment No. 1
 
V.   Authorize execution of Agreement Amendment No. 2 with Asphalt Patch Enterprises, Inc. for IFB No. 3103-19 Asphalt Patch HP Road Material.  Click to View
 
Attachments
IFB No. 3103-19 Agreement Amendment No. 2
 
W.   Authorize execution of an Agreement Amendment No. 1 with Jack & Jill of Many Trades for IFB No. 3084-18 Mowing Services for Nueces County Airport. Click to View
 
Attachments
IFB No. 3084-18 Amendment No. 1
 
X.   Authorize execution of Agreement Amendment No. 1 with P Squared Emulsion Plants, LLC for IFB No. 3133-20 for AE-P Solvent Based Emulsion Primer. Click to View
 
Attachments
IFB No. 3133-20 Agreement Amendment No. 1
 
Y.   Approve Texas DIR contract No. DIR TSO 4167 purchase with Insight Public Sector for IP Telephone capital improvement project products and services. Click to View
 
Attachments
DIR-TSO-4167 Insight Public Sector Quote
 
Z.   Approve a finding for the method of procurement (competitive bids) for Aggregate Type PB Grade 4S, LRA (Limestone Rock Asphalt) and authorize the Purchasing Agent to publish a notice. Click to View
 
AA.   Approve method of procurement (invitation for bids) for Nueces County Courthouse - Security Upgrades; and authorize the Purchasing Agent to publish a notice. Click to View
 
BB.   Authorize execution of Agreement with The DOCTORS Center for RFP 3165-21 Alcohol, Controlled Substances & Specimen Testing Program. Click to View
 
Attachments
RFP No. 3165-21 Agreement
 
CC.   Approve Potable Water Service Agreement with Water Control and Improvement District No. 3. Click to View
 
Attachments
Water Service Agreement
 
DD.   Ratify approval of Second Emergency COVID-19 Supplemental Agreement with Global Spectrum, LP in support of a Rapid Infusion Center services provided at the Richard Borchard Fairgrounds. Click to View
 
Attachments
2nd Emergency COVID-19 Supplemental Agreement
 
EE.   Ratify Fifth Amendment to Sublease agreement Christus Spohn Health System and Nueces County providing for additional suites in the Physician’s Plaza West building for COVID-19 operations. Click to View
 
Attachments
5th Amendment to Sublease w/ Christus Spohn
 
FF.   Ratify agreement between Nueces County and Christus Spohn Health System Corporation for COVID-19 Testing Staffing services. Click to View
 
GG.   Approve a 5.2% salary increase in accordance with House Bill 4621, 87th Session of the Texas Legislature, and in accordance with Commissioners Court Order approved July 7, 2021, for Board Members of Nueces County Drainage District No. 2. Click to View
 
Attachments
Order
DD2 Recommendation
 
HH.   Authorize issuing written notice to Robstown Independent School District that Animal Pens at Showbarn site in Robstown will not be available for use in 2022. Click to View
 
II.   Approve and accept donations (list attached) to the county in accordance with Local Governmental Code 81.032. Click to View
 
Attachments
Donations Letter.pdf
 
3. REGULAR AGENDA:
 
A. AGENDA ITEMS
 
1.   Receive overview and discuss permissible uses of the American Rescue Plan Act (ARPA) funds under the final interim rules; discuss and consider project prioritization and allocation of ARPA funds, including new positions and/or reclassifications, and related matters. Click to View
 
2.   Discuss and consider adoption of an Order approving the 2021 tax roll; setting the 2021 tax rates for Nueces County; and levying said tax rate against all taxable property in Nueces County for 2021. Click to View
 
Attachments
Nueces County - FY2021 Tax Order
 
3.   Discuss and consider adopting an order rescinding prior year budget resolutions and orders. Click to View
 
Attachments
Resolution/Order - Rescinding Prior Year Resolutions & Orders
 
4.   Discuss and consider adoption of Orders and Resolutions related to the proposed 2021-2022 Nueces County Budget. Click to View
 
Attachments
Order - Budget Authority for Employee Positions
Order - Creating Family Protection Fee Fund
Resolution - Setting Travel Mileage/Per Diem Reimbursement Rates
Resolution - Regarding Interfund Loans
Resolution/Order - Establishing Guidelines for Minimum General Fund Reserves
Resolution/Order - Establishing Guidelines for Excess Revenue Generated at RMB Fairgrounds
Resolution/Order - Establishing a Special Revenue Account for Deposit of County Funds Received from Sale of Fixed Assets
 
5.   Discuss and consider adoption of the 2021-2022 Nueces County Budget. Click to View
 
6.   Discuss and consider adoption of an Order approving the 2021 tax roll; setting the 2021 tax rate for the Nueces County Hospital District; and levying said tax rate against all taxable property in Nueces County for 2021. Click to View
 
Attachments
NC Hospital District - FY2021 Tax Order
 
7.   Discuss and consider adoption of the 2021-2022 Nueces County Hospital District Budget. Click to View
 
Attachments
Nueces County Hospital District - FY2021-2022 Proposed Budget
 
8.   Discuss and consider appointing Diana Munguia, as the Central Counting Station Manager, and Eric Gutierrez, as the Tabulation Supervisor for the upcoming Joint Constitutional Election on November 2, 2021. Click to View
 
9.   Discuss and consider approval of wages for the following clerks and presiding judges:

$14 per hour for Early Voting Lead Clerk, and Election Day Presiding Judges (includes Hazard Pay)
$12 per hour for Early Voting and Election Day Clerks (includes Hazard Pay)

or

$12 per hour for Early Voting Lead Clerk, and Election Day Presiding Judges
$10 per hour for Early Voting and Election Day Clerks
Click to View
 
10.   Discuss and consider approving each Presiding Judge to hire up to two (2) poll workers for Election Day for the upcoming November 2, 2021 Joint Constitutional Election. Click to View
 
11.   Discuss matters related to S.B. 598 relating to Auditable Voting Systems. Click to View
 
12.   Receive update on Texas Windstorm Insurance Association (TWIA) activities, including premium rate increases. Click to View
 
13.   Receive update on establishment of Colonia Self-Help Center in Nueces County pursuant to HB2893. Click to View
 
14.   Discuss ABM Energy Savings Performance Agreement; discuss any amendment, including amendments to scope of work. Click to View
 
15.   Receive an update and presentation of the Nueces County Monitoring program contracted through the Conrad Blucher Institute to measure the impacts of Hurricane Hanna along the Nueces County Gulf shoreline, beaches and dunes. Click to View
 
Attachments
Nueces County Monitoring Program
 
16.   Discuss and consider proposal from Conrad Blucher Institute to continue coastal monitoring and survey work of the Nueces County Coastline. Click to View
 
Attachments
Proposal
 
17.   Discuss and consider approval of a Dune Protection Permit Exemption Amendment for a single family residence DPP-0420-01p located at 106 Beach View, Corpus Christi, TX. Click to View
 
Attachments
BMAC Recommendation Memo
Letter to GLO
Letter from GLO
Beachview Estates - Material Change Notice
 
18.   Receive update on 87th Second Called Special Session and preview of Third Called Session. Click to View
 
19.   Discuss and consider personal services contract(s) with Legislative Consultant(s), Hugo Berlanga, Joel Romo, and Patricia Shipton, including any renewal and/or amendments. Click to View
 
Attachments
Hugo Berlanga - Agreement
Hugo Berlanga - HB89 Form
Joel Romo - Agreement
Joel Romo - HB89 Form
Patricia Shipton - Agreement
Patricia Shipton - HB89 Form
 
20.   Discuss and consider personal services agreement with Reed Clay related to facilitating economic recovery and applying for any applicable federal/state programs. Click to View
 
Attachments
Reed Clay - Agreement
Reed Clay - HB89 Form
 
21.   Discuss and consider setting fees charged for civil services by the Sheriff's and Constables' offices. Click to View
 
Attachments
Sheriff's and Constables' Fees
 
22.   Discuss and consider approving resolution providing for Nueces County to become a member of the American Flood Coalition. Click to View
 
Attachments
Resolution-American Flood Coalition
 
23.   Discuss and consider implementation of electronic voting and/or microphone control systems in the Nueces County Commissioners Court. Click to View
 
24.   Discuss and consider giving the District Attorney's office immediate access to the report writing software which is utilized by the Nueces County Sheriff's Department. Click to View
 
25.   Discuss and consider approval of Interlocal agreement between Nueces County and Nueces County Drainage District #2 with cleaning out CR 67 & 69 ditches and culvert maintenance (Petronila area) for proper storm water flow and alleviate flooding. Click to View
 
Attachments
Interlocal Agreement
TxDOT letter
 
26.   Discuss and consider acceptance of settlement related to AT&T Account # ending in 150; Dispute Tracking Number: 5361957. Click to View
 
27.   Discuss and consider adopting an order to approve the authorization of online education for county commissioners pursuant to Section 81.0025(b), Local Government Code, as amended by the 87th Legislature. Click to View
 
Attachments
orderonlineeducation
 
28.   Discuss and consider approval of overtime pursuant to County policy for essential exempt employees during declared disasters as it relates to COVID-19, and storm preparedness and response; severe weather preparedness and response; in addition, authorize payment of overtime to essential exempt City County Health District Employees. Click to View
 
29.   Discuss and consider adopting an Order prohibiting outdoor burning in the unincorporated areas of Nueces County, pursuant to Section 352.081 of the Texas Local Government Code. Click to View
 
Attachments
Burn Ban Order
 
B. AUDITOR
 
1.   Approve Budget Change Order No. 20 for Fiscal Year 2020-2021. Click to View
 
Attachments
BCO#20 List.pdf
BCO#20 Backup.pdf
 
2.   Approve Capital Project Budget Change Order No. 99. Click to View
 
Attachments
CPBCO#99 List.pdf
CPBCO#99 Backup.pdf
 
3.   Authorize and approve removal of fixed assets that are no longer located in the departments. Click to View
 
Attachments
Memo Fixed Assets Physical Inventory
Fixed Asset Disposal FY20-21
 
C. HUMAN RESOURCES
 
1.   Discuss and consider creating a Criminal Investigator - Interdiction Unit position (Group 24/Step 1) in Department 1328 (Chapter 59);  Discuss and consider supplement for position of $10,000.00. Click to View
 
2.   Discuss and consider the position of Commissioners Court Manager, job description, and posting. Click to View
 
Attachments
NC Commissioners Court Manager - Job Description
 
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 the County Attorney on Case No. 2:21-cv-143; Adan DeLeon v. Nueces County, Texas and Bobby Joe Benavides; In the United States District Court for the Southern District of Texas; Corpus Christi Division; discuss status of case and related matters Click to View
 
B.   Consult with the County Attorney regarding Sonia Resendez, As Next Friend of J.G., a Minor vs. Nueces County, Texas; approve the settlement amount; authorize the County Judge to execute settlement documents; ratify filing of friendly suit, discuss status of case and related matters.
 
Click to View
 
Adjournment in Memory (upon request)

    

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