Midland County Commissioners Court met Nov. 28.
Here are the minutes provided by the court:
Be it remembered that at 9:03 a.m. a meeting of the Midland County Commissioners Court was called to order in the Commissioners Courtroom, located at the Midland County Courthouse, 500 North Loraine Street, Midland, Texas. The following members were present:
Terry Johnson, County Judge;
Scott Ramsey, County Commissioner Precinct No. 1;
Robin Donnelly, County Commissioner Precinct No. 2;
Luis D. Sanchez, County Commissioner Precinct No. 3;
Randy Prude, County Commissioner Precinct No. 4
Recorded by Alison Haley, County Clerk
1. Call to Order.
2. Invocation given by Pastor Bob Pase, Grace Lutheran Church.
3. Pledges of Allegiances.
4. Acknowledge Monthly Collections Report/Status Update for JP 1.
Judge Terry Luck, Justice of the Peace Precinct 1 presented the October monthly collection report.
Motion to acknowledge the October monthly collection report for JP 1.
Motion by: Ramsey Second by: Donnelly Exhibit: 17-36
For: All (5) Against: None Abstaining:
5. Discuss and take action using USI as broker of record for Midland County.
Presented by Robb Pridemore, USI. We are in a hard market. Suggesting moving to a broker of record. Commissioner Ramsey is going to abstain.
Motion to approve USI as broker of record for Midland County.
Motion by: Prude Second by: Donnelly Exhibit: 37-38
For: Donnelly, Johnson Against: None Abstaining: Ramsey Sanchez, Prude
6. Discuss and take action on Interlocal Cooperation Agreement for housing Lubbock County Inmates.
Presented by Sheriff Criner and Lt. Rebecca Thompson. This is for one inmate that Lubbock is doing a change of venue. County Attorney, Russell Malm joined the conversation. They discussed limiting the agreement to this one specific inmate. There was some discussion about the fees.
Motion to approve the interlocal agreement with Lubbock with the change to limit it to a one inmate on a case by case basis.
Motion by: Ramsey Second by: Donnelly Exhibit: 39-47
For: All (5) Against: None Abstaining:
7. Discuss and take action on Shooting Range Lease Agreement.
Presented by Sheriff Criner. They need a new location for a shooting range. This is a yearly lease for no cost. County Attorney, Russell Malm joined the conversation.
Motion to approve the shooting range lease agreement under the assumption that it is at no cost to the County.
Motion by: Ramsey Second by: Sanchez Exhibit: 48-54
For: All (5) Against: None Abstaining:
8. Discuss and take action on Federal Asset Forfeiture Annual Account Report. Presented by Sheriff Criner.
Motion to acknowledge.
Motion by: Donnelly Second by: Ramsey Exhibit: 55-74
For: All (5) Against: None Abstaining:
9. Discuss and take action on Chapter 59 State Asset Forfeiture Annual Account Report.
Presented by Sheriff Criner.
Motion to acknowledge the State Asset Forfeiture report.
Motion by: Ramsey Second by: Donnelly Exhibit: 75-90
For: All (5) Against: None Abstaining:
10. Discuss and take action on use of Horseshoe for Sheriff’s Office Christmas Celebration on December 16 & 17, 2022.
Presented by Sheriff Criner. Last year was well attended.
Motion to allow the Midlands Sheriff’s Office to use the Horseshoe Arena, December 16 and 17.
Motion by: Ramsey Second by: Donnelly Exhibit: 91-92
For: All (5) Against: None Abstaining:
11. Discuss and take action on use of Horseshoe for Sheriff’s Office Child Protective Services Meeting on Thursday, December 8, 2022.
Presented by Sheriff Criner.
Motion waiving the rent and fees for the Midland County Sheriff’s Department Child Protective Services Meeting in the Horseshoe meeting rooms on December 8, 2022.
Motion by: Ramsey Second by: Donnelly Exhibit: 93
For: All (5) Against: None Abstaining:
12. Discuss and take action paying Darrell Thornton before services rendered for Christmas Celebration on December 17, 2022.
Sheriff Criner believes this has been taken care of. No action taken.
13. Discuss and take action on additional funds to decommission outdated x-ray machines.
Presented by Sheriff Criner and Lt. Tommy Davis. They have 3 outdated x-ray machines. They need the space. The machines must be decommissioned by a qualified company.
Motion that we fund the decommissioning of the three outdated X-ray machines with $7,200.00 from contingency.
Motion by: Donnelly Second by: Sanchez Exhibit: 94-96
For: All (5) Against: None Abstaining:
14. Discuss and take action on donations of 1500 hand sanitizers, 700 band-aids, 700 pens, and 200 water bottles from Signature Care for the Halloween event.
Presented by Sheriff Criner. Signature Care donated the supplies.
Motion to approve the donations.
Motion by: Sanchez Second by: Donnelly Exhibit: 97-98
For: All (5) Against: None Abstaining:
15. Discuss and take action on donations of 1750 Halloween bags, 100 coloring books, 100 Keith book markers, 100 Josh book markers, 100 9-1-1 flashlights, 100 cell phone Sally stickers, 100 neon pencils, 100 9-1-1 Goes the Distance, 100 6-color crayon box set, and 100 cell phone Sally bracelets from Permian Basin Regional Planning Commission for the Halloween event.
Presented by Sheriff Criner. Permian Basin Regional Planning Commission donated the supplies.
Motion to approve all of the donations listed in item 15.
Motion by: Sanchez Second by: Prude Exhibit: 99-100
For: All (5) Against: None Abstaining:
16. Discuss and take action on donation in the amount of $5,000.00 from Jay H. “Timber” Floyd, Jr. for the Midland County Sheriff’s Office Donation account.
Presented by Sheriff Criner.
Motion to acknowledge and accept the $5,000.00 donation from Jay H. Timber Floyd, Jr.
Motion by: Ramsey Second by: Donnelly Exhibit: 101-104
For: All (5) Against: None Abstaining:
17. Discuss and take action on donation in the amount of $5,000.00 from DGM Supply, Inc. for Mounted Patrol.
Presented by Sheriff Criner. For wrangling a buffalo.
Motion to accept the donation from DGM Supply, Inc.
Motion by: Donnelly Second by: Ramsey Exhibit: 105-108
For: All (5) Against: None Abstaining:
18. Discuss and take action on budget amendment in the amount of $5,000.00. Presented by Sheriff Criner.
Motion to approve the budget amendment in the amount of $5,000.00 to the Sheriff’s fund.
Motion by: Prude Second by: Donnelly Exhibit: 109-110
For: All (5) Against: None Abstaining:
19. Discuss and take action on donation in the amount of $250.00 from Mitzi Baker for CIU Victim Assistance.
Presented by Sheriff Criner.
Motion to accept the donation in the amount of $250.00 from Mitzi Baker to the CIU Victims Assistance account.
Motion by: Donnelly Second by: Prude Exhibit: 111-115
For: All (5) Against: None Abstaining:
20. Discuss and take action on budget amendment in the amount of $250.00. Presented by Sheriff Criner.
Motion to approve the budget amendment.
Motion by: Donnelly Second by: Sanchez Exhibit: 116-117
For: All (5) Against: None Abstaining:
21. Acknowledge Sheriff’s Office Monthly Report for October 2022. Presented by Sheriff Criner.
Motion to acknowledge the Sheriff’s report.
Motion by: Donnelly Second by: Ramsey Exhibit: 118-122
For: All (5) Against: None Abstaining:
22. Acknowledge Detention Fees for October 2022.
Presented by Sheriff Criner.
Motion to acknowledge the Sheriff’s report.
Motion by: Ramsey Second by: Donnelly Exhibit: 123-124
For: All (5) Against: None Abstaining:
23. Acknowledge C&W Fee Collection Report for October 2022.
Presented by Sheriff Criner.
Motion to acknowledge Civil and Warrants fee collection report.
Motion by: Donnelly Second by: Ramsey Exhibit: 125-126
For: All (5) Against: None Abstaining:
24. Discuss and take action on space heater for evidence room.
Presented by Sheriff Criner and Eddie Melendez, Facilities Director. The evidence room must remain at 60-65 degrees. Supervisor Miriam Thatcher, CID explained the situation in the evidence room. Justin Bunch, Emergency Management Coordinator joined the conversation about allowing the use of space heaters. Russell Malm, County Attorney stated that there has never been a written report on items that are allowed by the County.
Motion due to extenuating circumstances of the requirement for these rooms to be kept at 65 or below that we approve the purchase of three space heaters from facilities.
Motion by: Prude Second by: Donnelly Exhibit:
For: All (5) Against: None Abstaining:
25. Discuss and take action on Annex floor repair.
Presented by Justin Bunch, Emergency Management Coordinator. Estimated cost is $34,185.00. Karen Hood, Tax Assessor Collector joined the conversation about the moving of the cubicles. Eddie Melendez, Faculties Director joined the conversation.
Motion that we go ahead and approve the MID-TEX proposal.
Motion by: Donnelly Second by: Ramsey Exhibit: 127-130
For: All (5) Against: None Abstaining:
Call item 47 and 48
26. Conduct public hearing on possible placement of no parking signs on CR 1160 between FM 1213 & CR 173.
County Judge, Terry Johnson announced a public hearing for the possible placement of no parking signs on CR 1160 between FM 1213 and CR 173. No one came forward.
27. Discuss and take action on possible placement of no parking signs on CR 1160 between FM 1213 & CR 173.
Presented by Shaun Taylor, Road and Bridge Senior Forman.
Motion to put no parking signs on CR 1160 between FM 1213 and CR 173.
Motion by: Prude Second by: Donnelly Exhibit: 131-135
For: All (5) Against: None Abstaining:
Call item 32
28. Conduct Public Hearing regarding the proposed designation of certain real property in Midland County as Pioneer Hutt Renewable Project Reinvestment Zone. The property subject to being designated as a reinvestment zone is fully described in Exhibit A attached to this Agenda.
County Judge Terry Johnson announced a public hearing regarding the proposed designation of certain real property in Midland County as Pioneer Hutt Renewable project reinvestment zone. No one came forward.
29. Discuss and take action on designation of certain real property located in Midland County and described in the attached Exhibit A as the Pioneer Hutt Renewable Project Reinvestment Zone.
Presented by Russell Malm, County Attorney. Melissa Bruni, Project Director, discussed the proposed windfarm. Daniel Pender, Pioneer Natural Resources of Midland. Garrett Peters, KE Andrews Tax consultant explained the depreciation schedule to the Court. Commissioner Ramsey asked about the change from 5-year tax abatement to a 10-year
tax abatement. County Judge asked what other taxing entities have been asked. Midland ISD has approved a tax abatement. The other entities are waiting to see how Midland County votes.
I move that we find that the designation of the Pioneer Hut Renewable Project Reinvestment Zone would contribute to the retention or expansion of primary employment and would attract major investment in the zone that would be a benefit to the property to be included in the zone and would contribute to the economic development of the County. I move that we establish and designate a reinvestment zone to be known as the Pioneer Hutt Renewable Project Reinvestment Zone to include all the land described in exhibit A to the agenda.
Motion by: Johnson Second by: Sanchez Exhibit: 136-162
For: All (5) Against: None Abstaining:
30. Conduct Public Hearing regarding the proposed approval of an agreement with Pioneer Hutt Wind Energy, LLC granting a tax abatement for future construction of a wind farm on property located in the Pioneer Hutt Renewable Project Reinvestment Zone.
County Judge Terry Johnson announced a public hearing regarding the proposed approval of an agreement with Pioneer Hutt Wind Energy, LLC granting a tax abatement for future construction of a wind farm on property located in the Pioneer Hutt Renewable Project Reinvestment Zone. There were two members of the public that came forward.
Rachel Walker, Midland County urged the Court not to move forward with the tax abatement for pioneer Hutt Wind Energy, LLC. They will build this windfarm without the tax abatement.
Todd Sparks, Midland County expressed that he echoes what Ms. Walker stated. County Judge closed the hearing. Exhibit: 163-164
31. Discuss and take action on approval of an agreement with Pioneer Hutt Wind Energy, LLC granting a tax abatement for future construction of a wind farm on property located in the Pioneer Hutt Renewable Project Reinvestment Zone.
Tabled for more information.
10:25am take a 10-minute break.
10:41am back into Regular Session
Call item 39
32. Discuss and take action on proclamation for Midland Victims Coalition. Presented by Lydia Fresquez, Midland Victims Coalition.
Motion that we acknowledge the proclamation for Midland Victims Coalition.
Motion by: Sanchez Second by: Donnelly Exhibit: 165
For: All (5) Against: None Abstaining:
33. Discuss and take action on court minutes for November 14, 2022. Presented by Alison Haley, County Clerk.
Motion to approve the court minutes for 11-14, 2022.
Motion by: Ramsey Second by: Donnelly Exhibit: 166
For: All (5) Against: None Abstaining:
34. Discuss and take action on court fees for County and District Clerks’ Offices. Presented by Alison Haley, County Clerk. The fees for October 2022.
Motion to acknowledge the court fees for County Clerk and District Clerk for October 2022.
Motion by: Ramsey Second by: Donnelly Exhibit: 167-181
For: All (5) Against: None Abstaining:
35. Discuss and take action on personnel memoranda.
Presented by Mitzi Baker, Treasurer. 22 retirees for the Calendar year 2022. Motion to acknowledge the payroll change summary.
Motion by: Ramsey Second by: Donnelly Exhibit: 182-183
For: All (5) Against: None Abstaining:
36. Discuss and take action on line item transfers.
Presented by Veronica Morales, Auditor. There were a lot of line-item transfers to discuss for the FY2022. Many departments had transfers to cover salary lines. Then they discussed FY2023 line-item transfers.
Motion to approve all line item transfers.
Motion by: Ramsey Second by: Donnelly Exhibit: 184-277
For: All (5) Against: None Abstaining:
37. Discuss and take action on bills and wire transfers.
Presented by Veronica Morales, Auditor. There were several exceptions discussed. These are items without a purchase order. Additional bills include one for Drug Court and 5 invoices for Thomson Reuters for the District Courts.
Motion to approve all bills and exceptions.
Motion by: Donnelly Second by: Ramsey Exhibit: 278-288
For: All (5) Against: None Abstaining:
38. Discuss and take action on Financial Statements for August 2022. Presented by Veronica Morales, Auditor.
Motion to acknowledge Financial Statements.
Motion by: Ramsey Second by: Donnelly Exhibit: 289-299
For: All (5) Against: None Abstaining:
Call item 28, it is after 10:00am
39. Discuss and take action on donation of $150.00 from Mary Wendelin Perry to the Library.
Presented by Debbie Garza, Library Director.
Motion to accept the Library donation.
Motion by: Donnelly Second by: Ramsey Exhibit: 300-301
For: All (5) Against: None Abstaining:
40. Discuss and take action removing retractable awning from the bookmobile. Tabled
41. Acknowledge Library donations.
Tabled
42. Acknowledge Tax Roll Certification for 2022.
Presented by Karen Hood, Tax Assessor Collector. This is done annually. Motion to acknowledge the Tax Roll Certification for 2022.
Motion by: Ramsey Second by: Donnelly Exhibit: 302-303
For: All (5) Against: None Abstaining:
43. Discuss and take action on grant award of OOG Grant #3640504 for Restitution Specialist.
Presented by Jana Anderson, District Attorney Administrator.
Motion to acknowledge and accept the OOG Grant #3640504.
Motion by: Donnelly Second by: Ramsey Exhibit: 304
For: All (5) Against: None Abstaining:
44. Discuss and take action on budget amendment of OOG Grant #3640504 for Restitution Specialist.
Presented by Jana Anderson, District Attorney Administrator.
Motion to approve the budget amendment.
Motion by: Donnelly Second by: Ramsey Exhibit: 305-308
For: All (5) Against: None Abstaining:
45. Discuss and take action reassigning vehicles.
Presented by Kristy Engeldahl, Purchasing Agent. CIU wanted to change in a minivan for a Tahoe.
Motion that we take action on reassigning the vehicles as specified.
Motion by: Donnelly Second by: Ramsey Exhibit: 309-313
For: All (5) Against: None Abstaining:
46. Discuss and take action declaring a public purpose for purchase of challenge coins for Commissioner Precinct 4.
Commissioner Prude stated this item was already approved on September 22, 2022. Veronica Morales, Auditor stated the bill has not been paid. The line-item transfer was approved. Veronica Morales, Auditor addressed the Courts questions. To be in compliance the Auditor wanted the public purpose to be declared by the Court. County Attorney, Russell Malm stated that we are trying to be more strict and complying with what the Texas Constitution requires on anytime something is just given to somebody. Commissioner Donnelly stated having a remembrance of meeting an Elected official. There was a lengthy discussion. Commissioner Prude stated the public purpose is this is the same as using a business card and it is used to identify.
County Attorney, Russell Malm stated the 3 parts that need to be met to declare the public purpose. Commissioner Ramsey asked about the 2nd part being met. It has never come to court before. They have been paid for in the past. County Attorney, Russell Malm stated that we need to look at writing a policy to address this.
Motion that we have a public purpose for the purchase of challenge coins for Commissioner Precinct 4.
Motion by: Donnelly Second by: Ramsey Exhibit: 314-319
For: All (5) Against: None Abstaining:
47. Discuss and take action on purchase of freezer for 509 Loraine Cold Storage.
Presented by Eddie Melendez, Facilities Director. These funds have not been budgeted for. $29,490.00
Motion that we purchase the freezer for 509 Loraine and take out of contingency $29,500.00.
Motion by: Donnelly Second by: Sanchez Exhibit: 320-326
For: All (5) Against: None Abstaining:
48. Discuss and take action on rental chiller for Detention Center/Jail.
Presented by Eddie Melendez, Facilities Director. $14,689.00 to come out of Detention Center building maintenance funds.
Motion to continue the rental on the chiller at the Detention center.
Motion by: Ramsey Second by: Donnelly Exhibit: 327-333
For: All (5) Against: None Abstaining:
Back to item 26
49. Discuss and take action on use of county credit card for Andrew Avis to attend Transportation Conference.
Presented by Jessica Buchanan, Public Works Regulations Manager.
Motion that we use the county credit card for Andrew Avis to attend the Transportation conference.
Motion by: Donnelly Second by: Prude Exhibit: 334-344
For: All (5) Against: None Abstaining:
50. Discuss and take action on plat for Permian Industrial Park.
Presented by Jessica Buchanan, Public Works Regulations Manager.
Motion that we approve the plat for the Permian Industrial Park.
Motion by: Prude Second by: Sanchez Exhibit: 345-346
For: All (5) Against: None Abstaining:
51. Take action on submitted applications for permits to use county right-of-way for utility and line installations, driveway construction, road dedication, and mailbox construction.
Permit to Construct Driveway Facilities on County Right of way:
1. First Tier Construction on WCR 150
2. First Tier Construction on WCR 150
3. First Tier Construction on SCR 1270
4. First Tier Construction on SCR 1270
Request for designation of location for crossing of a Midland County Texas road:
1. Midland Permian Pipeline LLC on ECR 180
2. Midland Permian Pipeline LLC on ECR 200
3. Midland Permian Pipeline LLC on SCR 1090
4. Pioneer Natural Resources on CR 1180
5. Pioneer Natural Resources on SCR 1232
6. Endeavor Energy Resources, LP on CR 1125
Motion to pass these.
Motion by: Prude Second by: Sanchez Exhibit: 347-367
For: All (5) Against: None Abstaining:
52. Adjourn.
Motion to adjourn.
Motion by: Ramsey Second by: Donnelly Exhibit:
For: All (5) Against: None Abstaining:
Adjourn at 11:03am
https://www.co.midland.tx.us/AgendaCenter/ViewFile/Minutes/_11282022-367