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Nueces County Seal

 NUECES COUNTY, TEXAS
COMMISSIONERS COURT AGENDA

*This will be a remote meeting with multiple methods of 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 policy 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.
 

 

JULY 21, 2021

The Nueces County Commissioners Court will meet (via virtual access) on the above date at 9:00 a.m. in the Commissioners Courtroom, 3rd floor, Nueces County Courthouse, 901 Leopard, Corpus Christi, Texas.
 
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


Phone number to call in is:  361-414-6767
  • Dial the number above and enter the following meeting ID when prompted (do not forget to end with the # key)
    • 998 720 6754 #
You must call in 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 last 3 digits of your number will be announced before unmuting your line. Before speaking, you will be asked to state, for the record:
  • Your full name, and
  • Your address

 
             
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. Adopt the following Resolution(s), Proclamation(s), and/or Order(s):
 
1.   In recognition of Gus Cargile, Jr.'s 99th birthday on July 31, 2021. Click to View
 
G. Present the following Certificate(s) of Recognition:
 
1.   Government Finance Officers Association - Distinguished Budget Presentation Award - Fiscal Year beginning October 1, 2020. Click to View
 
Attachments
Distinguished Budget Certificate
Distinguished Budget Press Release
 
H. GENERAL INFORMATION REPORTS:
 
1. Discuss the COVID-19 response, plans for COVID-19 testing, vaccinations, alternative care sites, Governor Orders, Supreme Court Orders, amended Orders, and activities related to are economic recovery, administration of Emergency Rental Assistance Program (ERAP); receive update from the Nueces County Emergency Operations Center.
 
2. Discuss Hurricane and Tropical Storm recovery, including items related to Bob Hall Pier, parking lots, roads, drainage, debris removal, other infrastructure; receive update and reports, including Disaster Summary Outlines and Dune Surveys from consultants, Court members, and staff.
 
3. Discuss Severe Winter Storm Weather Recovery, Disaster Declarations, Utility, Electricity, and Water Supply, reports from Emergency Operations, and other staff, and related matters.
 
4. Discuss and consider May and July 2021 Flooding and Rain Events recovery; receive update from Emergency Management department, staff; and related matters.
 
I. Accept the following Minutes:
 
1.   July 7, 2021
July 14, 2021
Click to View
 
Attachments
07-07-2021 Minutes
07-14-2021 Minutes
 
J. BOARD APPOINTMENTS:
 
1.   Announcement by County Judge of Appointments to the Nueces County Industrial Commission aka Nueces County Development Commission, pursuant to Chapter 381 of the Texas Local Government Code. Click to View
 
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 June 30, 2021; July 01, 2021; July 07, 2021;  and July 09, 2021. Click to View
 
Attachments
CK Reg 06-30-21
CK Reg 07-01-21
CK Reg 07-07-21
CK Reg 07-09-21
 
B.   Authorize payment of bills - manual check registers dated June 28, 2021 to July 12, 2021. Click to View
 
Attachments
Manual CK Reg 6.28-7.12
 
C.   Authorize payment of bills - special motions list dated July 21, 2021. Click to View
 
Attachments
Special Motions List
Special Motions Backup
 
D.   Authorize payment of bills - group health insurance claims and fees by Boon Chapman dated July 6, 2021 and for the month of June 2021. Click to View
 
Attachments
Group Health Weekly
Group Health June 21
 
E.   Authorize the County Judge and the Commissioner's Court to approve a resolution and execute an application with the State of Texas General Land Office for beach cleaning reimbursement. Click to View
 
Attachments
GLO Application Packet
 
F.   Approve application procedure for Nueces Center for Mental Health and Intellectual Disabilities Board of Trustees. Click to View
 
Attachments
Board Description
NCMHID Notice
Letter of Resignation - Dr. Osbert Blow
 
G.   Authorize TASB BuyBoard Contract No. 616-20 purchase with Ricoh USA to lease three (3) copiers under Master Lease Agreement No. OS858; approve related maintenance service Addendum No. 71 to Master Service Agreement. Click to View
 
Attachments
Ricoh USA Product Schedule
 
H.   Authorize agreement with Pitney Bowes for one (1) Pitney Bowes SendPro Mailstation postage printer at the Keach Family Library. Click to View
 
Attachments
Pitney Bowes Rental Agreement for Postage Printer
 
I.   Authorize BuyBoard Contract No. 597-19 Material Producers Construction Services a subsidiary of ROMCO, Inc.to install temporary connections for backup generators at Nueces County Courthouse, Jail, and McKinzie Jail Annex. Click to View
 
Attachments
Buyboard #597-19 Material Producers Construction Services Proposal
 
J.   Authorize rental agreement with PODS Enterprises, LLC for one (1) sixteen foot storage container for the Medical Examiner office. Click to View
 
Attachments
PODS Enterprises, LLC Agreement
 
K.   Rescind Interlocal Cooperation Agreement with City of Corpus Christi providing for La Palmera Mall COVID-19 vaccination site cost sharing as approved on June 23, 2021. Click to View
 
L.   Ratify the submission of a grant application to the Texas Division of Emergency Management for the DR-4332 Hazard Mitigation Grant Program for a Hazard Mitigation Action Plan (HMAP) Update. Click to View
 
M.   Authorize the execution of a Renewal and Extension Agreement for Professional Services with Justice Benefits, Inc. (JBI). Click to View
 
Attachments
JBI Contract Renewal
 
N.   Authorize the execution of an Assignment Agreement between the County of Nueces, LNV Inc., and Ardurra Group, Inc. Click to View
 
Attachments
Assignment Agreement
HB89 Boycott Verification
 
O.   Approve University of Michigan, BASIC Project's use of county leased space; approve agreement. Click to View
 
P.   Authorize adoption of a resolution/order approving the financing and the project solely for purposes of Section 147(f) of the Internal Revenue Code, related to the Rosebud Cultural Education Facilities Finance Corporation loan from Frost National Bank and subsequent loan to Richard Milburn Academy for the purposes of financing/refinancing the cost acquiring, equipping, constructing, improving, expanding and/or renovating its Corpus Christi campus and paying certain expenses in connection with the issuance; Approve fee-related to processing related documents pursuant to Chapter 18 of the Texas Local Government Code and any other relevant statutes. Click to View
 
Attachments
Certificate of Public Hearing
Affidavit of Publication
Approval of Highest Elected Official
 
Q.   Designate the Nueces County Tax Assessor-Collector as the official to calculate the no-new-revenue tax rate (effective rate); the voter-approval tax rate (rollback rate) and the notice-and-hearing limit in accordance with Chapter 26 of the Texas Tax Code. Click to View
 
3. REGULAR AGENDA:
 
A. AGENDA ITEMS
 
1.   Receive presentation from the League of Women Voters on “Lead Contamination Potential in Our Communities Drinking Water." Click to View
 
2.   Receive presentation on proposed lifeguard plan pursuant to HB3807. Click to View
 
Attachments
Cover Letter
Lifeguard Plan Annual Fees-Both Locations
Lifeguard Plan Startup Cost-Both Locations
Lifeguard Plan Annual Fees-Padre Only
Lifeguard Plan Equipment-Padre Only
 
3.   Receive update on 87th First Called Special Texas Legislative Session. Click to View
 
4.   Discuss and consider temporarily suspending personal services contract(s) with Legislative Consultant(s), Hugo Berlanga, Joel Romo, and Patricia Shipton for services related to the 87th Texas Legislative Special Session(s), 88th Texas Legislative Session, strategic planning, consulting, and governmental relations services, and other related matters; Discuss and consider amendment of personal services contract(s) with Legislative Consultant(s), Hugo Berlanga, Joel Romo, and Patricia Shipton. Click to View
 
5.   Discuss and consider approving interlocal agreement for Medical Examiner Services with Wilson County, and related matters. Click to View
 
Attachments
Wilson Co. ILA for Postmortem Examination
 
6.   Discuss and consider architectural services agreement with LBL Architects, Inc. (d/b/a Shelter Planners of America) related to County Animal Care Facility. Click to View
 
Attachments
LBL Architects Inc - Architectural Services Agreement DRAFT
 
7.   Discuss and consider approval of sanitary sewer pump project with Nueces County Water Control and Improvement District No. 5; Discuss and consider interlocal agreement between Nueces County and Nueces County Water Control and Improvement District No. 5 related to sanitary sewer pump projects, and related matters. Click to View
 
8.   Discuss and consider approval of wastewater discharge collaboration with City of Driscoll; Discuss and consider interlocal agreement between Nueces County and the City of Driscoll related to wastewater discharge. Click to View
 
9.   Discuss and consider approval of BCFS Incident Management Team Response Services Contract, in the event of a disaster to support response operations in Nueces County. Click to View
 
10.   Receive presentation from the Americans with Disability Act (ADA) Coordinator on annual report to the U.S. Department of Justice for July 2021, in accordance with Settlement Agreement Project Civic Access - DJ #204-74-348. Click to View
 
11.   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
 
B. PUBLIC WORKS
 
1.   Discuss and consider approval of Change Order No. 1 for the Nueces County Courthouse Exterior Wall Remediation Project. Click to View
 
Attachments
Change Order No. 1
Change Order No. 1 Proposal
 
C. AUDITOR
 
1.   Approve Budget Change Order No. 17 for Fiscal Year 2020-2021. Click to View
 
Attachments
BCO#17 List
BCO#17 Backup
 
2.   Discuss and consider 2020/2021 Amendment to Supplemental Pay Allocation as designated by County Attorney in accordance with Section 46.0031 of the Texas Government Code. Click to View
 
Attachments
20/21 Amendment to Supplemental Pay Allocation under Dept 1325
Section 46.0031 of the Texas Government Code
 
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 regarding the status of the case, including Purdue Pharmaceuticals and Mallinckrodt bankruptcies; ratify the approval of Purdue Pharmaceuticals’ proposed Reorganization Plan (bankruptcy case); and related matters. Click to View
 
B.   Consult with County Attorney regarding courthouse security committee concerns related to Courthouse badging and security issues; and related matters. Click to View
 
C.   Consult with the County Attorney on Case No. 2:20-CV-00157; Thomas G. Camacho v. Nueces County, Texas; In the United States District Court for the Southern District of Texas; discuss and consider settlement demand and attendance at mediation; and related matters. Click to View
 
D.   Consult with the County Attorney on Case No. 2:21-CV-126; Eduardo Gonzalez vs. Nueces County; In the United States District Court for the Southern District of Texas; Corpus Christi Division; ratify the hiring of Keith Sieczkowski with Branscomb PC to represent Nueces County; discuss status of case; approve engagement letter; and related matters. Click to View
 
Adjournment in Memory (upon request)

    

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