Midland County Commissioners Court met Dec. 12.
Here is the agenda provided by the court:
Be it remembered that at 9:02a.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 Pace, Grace Lutheran Church.
3. Pledges of Allegiances.
County Judge Johnson expressed if anyone wished to speak on item #4, they would need to fill out a form and turn it into the Bailiff. Judge Johnson went over the rules for addressing the Court. Judge Johnson then called the following citizens forward to speak. Cathy Broadrick, Midland, Texas Democratic Chairman expressed her desire for the court to vote against this resolution. What does the county gain by this proclamation.
Michael Banschbach, Midland Texas commended the court for making this stand and urged them to approve this resolution. Pastor Roy Smith, Midland Texas expressed his support for item #4
4. Discuss and take action on Resolution establishing the County of Midland, Texas to Protect Life from Conception to Natural Death.
County Judge Johnson read out loud the proposed proclamation. Judge Johnson stated he wants to support Governor Abbot and speak for the unborn of this community. Commissioner Prude urged and challenged his friends on the left to watch the video mentioned in the resolution. He described the video and expressed his personal views on abortion. Commissioner Ramsey read a prepared statement expressing the lack of power the County Commissioners Court has in this area. We should leave this issue to those that have the power to affect change and then stated he makes the Motion to table agenda item 4 and stay in our lane. The motion did not receive a 2nd and died.
Commissioner Donnelly stated both sides are problematic. He believes as a Christian he wants to support it. What benefit does this resolution have. What can we do as a County to make this work. We have a strong network of support. What am I going to get for the community.
Commissioner Sanchez stated that he agrees with the protection of life. He also agrees that we cannot have any affect. What is this commissioners Court going to do to help encourage the Governor to expand Medicaid. We need to deal with it through all aspects. He personally does not believe in abortion, the death penalty or euthanasia. We need to see how to help expand Medicaid and stop the death penalty.
County Judge Johnson stated this is an opportunity for the Court to acknowledge that we support the State and the Governors support for the unborn. He agrees that it does not have any teeth.
Commissioner Prude says the Court signs resolutions all the time. Commissioner Prude thanked the Court and Commissioner Donnelly
Commissioner Sanchez asked for the resolution to include encouraging Governor Abbott to expand Medicaid and include that we are opposed to the death penalty. He would like that added to the motion. Judge Johnson stated someone could come back with those issues.
Motion to adopt and allow the Commissioners Court to sign this resolution.
Motion by: Prude Second by: Johnson Exhibit: 15-19 For: Donnelly, Johnson Against: Ramsey Abstaining: Sanchez, Prude
5. Discuss and take action on Resolution in Support of HJR 27: Grow Texas Fund Legislation.
Presented by James Beauchamp, President of MOTRAN. County Road grants.
6. Discuss and take action on Resolution in Support of Additional Funding for the County Road Grant Program for Energy Impact Areas.
Presented by James Beauchamp, President of MOTRAN.
Motion that we pass both of these resolutions.
Motion by: Donnelly Second by: Ramsey Exhibit: 20-22 For: All (5) Against: None Abstaining:
7. Discuss and take action on anonymous donation of $40,000.00.
Judge Johnson stated the County received an anonymous $40,000.00 donation for the Sheriff’s Office.
Motion to acknowledge and accept the donation of $40,000.00.
Motion by: Ramsey Second by: Sanchez Exhibit: 23-25 For: All (5) Against: None Abstaining:
8. Acknowledge introduction of K-9 Unit, Diamond.
Presented by Sheriff Criner. Deputy Gandy introduced K-9 Unit, Diamond to the Court. Motion we acknowledge the new dog for the Sheriff’s Department.
Motion by: Johnson Second by: Sanchez Exhibit: 26 For: All (5) Against: None Abstaining:
9. Discuss and take action on grade and step for new hire – C&W Investigator. Sheriff Criner would like to hire Carlos Ortiz at a grade 22 step 3.
Motion that we approve the grade and step for the new hire from a grade 22 step 1 up to a grade 22 step 3 for C&W investigator.
Motion by: Sanchez Second by: Donnelly Exhibit: 27-29 For: All (5) Against: None Abstaining:
10. Discuss and take action on purchase of 2023 GMC Sierra 1500 from Sewell with donation funds for Sheriff’s Office Administration.
Presented by Sheriff Criner. $49,000.00
Motion to approve the purchase of the 2023 GMC Sierra for the Sheriff’s Office Administration.
Motion by: Ramsey Second by: Donnelly Exhibit: 30-31 For: All (5) Against: None Abstaining:
11. Discuss and take action on Summit Good to Go Proposal for offering meals to detention staff.
Presented by Sheriff Criner and Lt. Rebecca Thompson. Russell Malm, County Attorney suggested getting the Courts opinion and then they would bring the contract back to court after Russell has corrected the contract. Commissioner Ramsey asked about the contract cost. Commissioner Donnelly also mentioned the cost and reimbursements.
Motion to approve the concept of Good to Go subject to Sheriff Criner’s taste testing and Russell’s (Russell Malm, County Attorney) approval of the contract.
Motion by: Ramsey Second by: Donnelly Exhibit: 32 For: All (5) Against: None Abstaining:
12. Acknowledge Sheriff’s Office Monthly Report for November 2022. Presented by Sheriff Criner.
Motion to acknowledge the Midland County Sheriff’s report for November 2022.
Motion by: Ramsey Second by: Prude Exhibit: 33-35 For: All (5) Against: None Abstaining:
13. Acknowledge Detention Fees for November 2022.
Presented by Sheriff Criner.
Motion to acknowledge.
Motion by: Donnelly Second by: Sanchez Exhibit: 36-37 For: All (5) Against: None Abstaining:
14. Acknowledge C&W Fee Collection Report for November 2022. Presented by Sheriff Criner.
Motion to acknowledge the C&W fee collection report for November 2022.
Motion by: Sanchez Second by: Ramsey Exhibit: 38-39 For: All (5) Against: None Abstaining:
15. Discuss and take action providing physicals for Sheriff’s Jailers & Peace Officers.
Presented by Commissioner Donnelly and Sheriff Criner. This is for the Sheriff’s Office Fit for Duty program. Mitzi Baker, Treasurer joined the conversation. Active users 544 for the County Clinic. $33,000.00 total for the first fitness assessment.
Motion that we authorize $33,000.00 from contingency for the physical exam program, PT.
Motion by: Donnelly Second by: Sanchez Exhibit: 40-54 For: All (5) Against: None Abstaining:
16. Discuss and take action on use of Horseshoe for Permian Basin Law Enforcement graduation on December 19, 2022.
Presented by Sheriff Criner. Commissioner Ramsey pointed out the date should be December 15.
Motion to approve and waive the fees for the Horseshoe use for the Permian Basin Law Enforcement graduation on December 15th (2022).
Motion by: Prude Second by: Ramsey Exhibit: 55 For: All (5) Against: None Abstaining:
17. Discuss and take action on use of Horseshoe for Sheriff’s Office testing on December 19, 2022.
Presented by Sheriff Criner.
Motion to approve the Horseshoe for the use for the Sheriff’s Office testing on December 19th (2022).
Motion by: Prude Second by: Sanchez Exhibit: 56 For: All (5) Against: None Abstaining:
18. Discuss and take action on use of Horseshoe for City of Midland Police Department graduation on Mach 31, 2023.
Presented by Sheriff Criner.
Motion to approve the Horseshoe for City of Midland Police Department graduation on March 31, 2023.
Motion by: Sanchez Second by: Ramsey Exhibit: 57 For: All (5) Against: None Abstaining:
19. Discuss and take action on court minutes from November 22 & 28, 2022. Presented by Alison Haley, County Clerk
Motion to approve the minutes for November 22 and November 28. (2022).
Motion by: Ramsey Second by: Donnelly Exhibit: 58 For: All (5) Against: None Abstaining:
20. Acknowledge Treasurer’s Monthly Report for September and October, 2022. Presented by Mitzi Baker, Treasurer.
Motion to acknowledge the Treasurer’s Monthly report for September and October 2022.
Motion by: Sanchez Second by: Donnelly Exhibit: 59-67 For: All (5) Against: None Abstaining:
21. Acknowledge the required annual meeting of the Investment Advisory Committee and adopt the list of qualified brokers per Texas Government Code Chapter 2256.
Presented by Mitzi Baker, Treasurer. No changes recommended.
Motion to acknowledge the required annual meeting of the Investment advisory committee.
Motion by: Ramsey Second by: Donnelly Exhibit: 68-69 For: All (5) Against: None Abstaining:
22. Acknowledge the required training of the Midland County Investment Officer, Mitzi Baker, per Texas Government Code Chapter 2256.
Presented by Mitzi Baker, Treasurer.
Motion acknowledging required training of the Midland County Investment Officer.
Motion by: Ramsey Second by: Donnelly Exhibit: 70-72 For: All (5) Against: None Abstaining:
23. Discuss and take action on personnel memoranda.
Presented by Mitzi Baker, Treasurer.
Motion to acknowledge.
Motion by: Donnelly Second by: Ramsey Exhibit: 73-74 For: All (5) Against: None Abstaining:
Call item 54
24. Discuss and take action on line item transfers.
Presented by Veronica Morales, Auditor. There were some for FY2022 and the current Fiscal Year.
Motion to approve all line item transfers.
Motion by: Sanchez Second by: Donnelly Exhibit: 75-120 For: All (5) Against: None Abstaining:
25. Discuss and take action on bills and wire transfers.
Presented by Veronica Morales, Auditor. 2 bills brough to the Courts attention. 3 additional bills for Prosperity Bank.
Motion to approve all bills and wire transfers and exceptions.
Motion by: Donnelly Second by: Ramsey Exhibit: 121-131 For: All (5) Against: None Abstaining:
26. Acknowledge report from County Auditor for the review of the Justice of the Peace, Precinct 2 Fiscal Year 2019.
Presented by Veronica Morales, Auditor.
Motion to acknowledge the report from County Auditor for the review of the Justice of the Peace, Precinct 2 Fiscal Year 2019.
Motion by: Ramsey Second by: Donnelly Exhibit: 132-142 For: All (5) Against: None Abstaining:
27. Acknowledge report from County Auditor for the review of the Justice of the Peace, Precinct 4 Fiscal Year 2019.
Presented by Veronica Morales, Auditor.
Motion to acknowledge report from County Auditor for the review of the Justice of the Peace, Precinct 4 Fiscal Year 2019.
Motion by: Donnelly Second by: Sanchez Exhibit: 143-153 For: All (5) Against: None Abstaining:
28. Discuss and take action on designee of American Recovery Plan Act (ARPA).
Presented by Veronica Morales, Auditor. Need some guidance on approvals for ARPA funds.
Motion that we appoint the Judge and the Public Works Director as the approver of invoices using ARPA funds, one or the other can approve.
Motion by: Donnelly Second by: Sanchez Exhibit: 154-155 For: All (5) Against: None Abstaining:
29. Discuss and take action removing retractable awning from bookmobile.
Presented by Debbie Garza, Library Director. The awning is not working, and the bookmobile is not safe.
Motion to remove the awning until such time as we can get it fixed.
Motion by: Ramsey Second by: Donnelly Exhibit: 156-157 For: All (5) Against: None Abstaining:
30. Discuss and take action on donation of two $250.00 gift cards from HEB for open house holiday event.
Presented by Debbie Garza, Library Director. The funds will be used to purchase refreshments.
Motion to acknowledge the 2-$250.00 gift cards from HEB.
Motion by: Ramsey Second by: Donnelly Exhibit: 158-159 For: All (5) Against: None Abstaining:
31. Discuss and take action on Library Advisory Board.
Presented by Debbie Garza, Library Director. The Library Advisory Board recommended Bonita Tribble, Kristin Wilson, John Trischitti III, Kristin Moyer, Kimberly Ware and Sarah Anderson
Motion to approve the slate just read for the Library Advisory Board for 2023.
Motion by: Prude Second by: Ramsey Exhibit: 160-161 For: All (5) Against: None Abstaining:
32. Discuss and take action on application of Texas State Library Achieves Commission Special Project Grant.
Presented by Matt Glazer, Associate Library Director. Up to $75,000.00.
Motion granting permission for Midland County Public Library to apply for the Texas State Library Archives Commission Special Project Grant.
Motion by: Ramsey Second by: Sanchez Exhibit: 162-179 For: All (5) Against: None Abstaining:
33. Discuss and take action on Exhibit Rental Agreement with Exhibits Developmental Group for Dressing the Abby Exhibit.
Tabled.
34. Discuss and take action on Library donations.
Presented by Debbie Garza, Library Director.
Motion to acknowledge.
Motion by: Donnelly Second by: Ramsey Exhibit: 180-184 For: All (5) Against: None Abstaining:
35. Discuss and take action on Tyler Technologies License & Services Agreement.
Presented by Alex Archuleta, District Clerk. Russell Malm, County Attorney expressed the changes to the proposed contract.
Motion that we sign the Tyler Technologies License and Services Agreement.
Motion by: Donnelly Second by: Ramsey Exhibit: 185-275 For: All (5) Against: None Abstaining:
36. Discuss and take action on mural inside entrance of Courthouse.
Presented by Commissioner Prude. Based on the downtown mural success and artwork Commissioner Prude would like to put in a patriotic mural in the Courthouse. Commissioner Ramsey stated that we should go out for RFP and RFQ for this like we do other items. Commissioner Sanchez stated that he has heard from other artists that he agrees it should go out for bid. Russell Malm, County Attorney and Kristy Engeldahl, Purchasing Agent, joined the conversation. Veronica Morales, Auditor discussed the building and support funds.
Motion to approve awarding the mural to Calina Mishay for $15,000.00 with the contract to be approved by Russell (Russell Malm, County Attorney) and the funds to come from Building and Court support.
Motion by: Prude Second by: Johnson Exhibit: 276 For: Johnson, Prude Against: Ramsey, Donnelly, Abstaining: Sanchez
Motion that we do an RFP for a patriotic mural on the inside of the entrance of the Courthouse.
Motion by: Donnelly Second by: Ramsey Exhibit: For: Ramsey, Donnelly Against: Prude Abstaining: Johnson, Sanchez
37. Discuss and take action on mural at Library at the Plaza.
Presented by Calina Mishay, Artist and Commissioner Ramsey. Calina Mishay discussed the need to refresh the original mural on the Library at the Plaza. It will be a time intensive project. She has the greenlight from the family of the original artist. Commissioner Sanchez states that he believes we need to be consistent, and we need to allow other artists the opportunity.
Motion that we approve awarding the contract for $48,000.00 to Calina Mishay for restoring the Tom Ryan mural on the Downtown Library to come out of contingency.
Motion by: Prude Second by: Ramsey Exhibit: 277-292 For: Ramsey, Donnelly Against: Johnson, Sanchez Abstaining: Prude
38. Discuss and take action on bonds for elected officials and appointees. Presented by Justin Bunch, Emergency Management Coordinator.
Motion to acquire required bonds for elected officials and appointees.
Motion by: Donnelly Second by: Ramsey Exhibit: 293-312 For: All (5) Against: None Abstaining:
39. Discuss and take action on fire protection agreement contract with Northeast Volunteer Fire Department.
Presented by Justin Bunch, Emergency Management Coordinator. This is budgeted for.
Motion to approve the fire protection agreement contract with Northeast Volunteer Fire Department.
Motion by: Donnelly Second by: Ramsey Exhibit: 313-327 For: All (5) Against: None Abstaining:
40. Acknowledge damage and fleet accident report for November 2022. Presented by Justin Bunch, Emergency Management Coordinator.
Motion to acknowledge the fleet damage report for November 2022.
Motion by: Ramsey Second by: Donnelly Exhibit: 328-331 For: All (5) Against: None Abstaining:
41. Discuss and take action on Ricoh Lease Agreements.
Presented by Kristy Engeldahl, Purchasing Agent. The Horseshoe and Road and Bridge. Motion to have the County Judge sign the Ricoh lease agreements.
Motion by: Ramsey Second by: Donnelly Exhibit: 332-351 For: All (5) Against: None Abstaining:
42. Discuss and take action on purchase of new Hunter Brake Lathe. Presented by Elle Bedoy, Facilities Fleet Contract Administrator.
Motion that we purchase the new Hunter Brake Lathe.
Motion by: Sanchez Second by: Ramsey Exhibit: 352-354 For: All (5) Against: None Abstaining:
43. Discuss and take action on change order for Radio Project.
Tabled.
44. Discuss and take action on agreements and payment of budgeted funds to approved non-profit organizations.
Presented by Jenny Hilton, County Judge Administrator. Midland County Fair. Motion to approve the budgeted funds for the Midland County Fair.
Motion by: Donnelly Second by: Johnson Exhibit: 355-361 For: All (5) Against: None Abstaining:
45. Discuss and take action on change order with Danny’s Paving for payment and performance bond for CR 120 Phase 1 Project.
Presented by Andrew Avis, Public Works Director.
Motion to approve the Danny’s Paving invoice for payment and performance bond for CR 120 Phase 1.
Motion by: Donnelly Second by: Ramsey Exhibit: 362-364 For: All (5) Against: None Abstaining:
46. Discuss and take action on change order with Danny’s Paving for adjustment of water valves for Cholla Road Project.
Presented by Andrew Avis, Public Works Director.
Motion that we authorize payment of the change order with Danny’s Paving for adjustment of water valves for Cholla Road project.
Motion by: Donnelly Second by: Sanchez Exhibit: 365-366 For: All (5) Against: None Abstaining:
47. Discuss and take action on closing statement and payment of real estate contract. Presented by Andrew Avis, Public Works Director. Purchase of 234 acres.
Motion to authorize County Judge to execute the closing of the real estate contract for land anticipated to be utalized for potential new jail facility.
Motion by: Donnelly Second by: Ramsey Exhibit: 367-377 For: All (5) Against: None Abstaining:
48. Discuss and take action on TCEQ MS4 Annual Reporting documents. Presented by Andrew Avis, Public Works Director.
Motion authorizing the County Judge to sign the TCEQ MS4 annual reporting documents.
Motion by: Ramsey Second by: Donnelly Exhibit: 378-403 For: All (5) Against: None Abstaining:
49. Discuss and take action on change order with Reece Albert for CR 1232 bridge over Monahans Draw.
Presented by Andrew Avis, Public Works Director.
Motion to approve change order with Reese Albert for CR 1232 bridge over Monahans Draw.
Motion by: Sanchez Second by: Donnelly Exhibit: 404-405 For: All (5) Against: None Abstaining:
50. Discuss and take action on change order with Reece Albert for rock material for CR 1232 Phase 3.
Presented by Andrew Avis, Public Works Director. Discovered 3 large rock deposits.
Motion that we authorize the change order with Reece Albert for removal of rock material from site to accommodate CR 1232 phase 3.
Motion by: Donnelly Second by: Ramsey Exhibit: 406-407 For: All (5) Against: None Abstaining:
51. Discuss and take action on change order for additional pipe sleeve for CR 1232 Phase 3.
Presented by Andrew Avis, Public Works Director.
Motion that we approve the change order for additional pipe sleeve for CR 1232 phase 3.
Motion by: Sanchez Second by: Donnelly Exhibit: 408-409 For: All (5) Against: None Abstaining:
52. Discuss and take action on topographical survey of jail property for design phase and potential new jail facility.
Presented by Andrew Avis, Public Works Director.
Motion that we authorize topographical survey of jail property to assist in design phase.
Motion by: Donnelly Second by: Ramsey Exhibit: 410-418 For: All (5) Against: None Abstaining:
53. Discuss and take action taking in SCR 1278 for Midland County Maintenance. Presented by Jessica Buchannan, Public Works Regulations Manager.
Motion to take in for county maintenance SCR 1278.
Motion by: Ramsey Second by: Donnelly Exhibit: 419-430 For: All (5) Against: None Abstaining:
54. Discuss and take action on I.T. room and new doors at 509 Loraine. Presented by Eddie Melendez, Facilities Director. 10 x 10 room.
Motion to approve the new IT room and new doors at 509 Loraine.
Motion by: Ramsey Second by: Donnelly Exhibit: 431-432 For: All (5) Against: None Abstaining:
10:29am took a 10 minute break.
10:43am back into Regular Session.
Call item 24
55. 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.
Request for designation of location for crossing of a Midland County Texas road:
1. XRI Disposal Holdings, LLC on SCR 1270
2. Enterprise Navitas Midstream Midland Basin, LLC on CR 230
3. Environmental Disposal Systems, LLC on CR 1020
4. Enterprise Navitas Midstream Midland Basin, LLC on CR 1232
5. Environmental Disposal Systems, LLC on WCR 118
6. XRI Disposal Holdings, LLC on SCR 1160
7. XRI Disposal Holdings, LLC on SCR 1160
8. XRI Disposal Holdings, LLC on SCR 1160
9. Oncor Electric on WCR 320
Motion to pass these.
Motion by: Prude Second by: Donnelly Exhibit: 433-465 For: All (5) Against: None Abstaining:
56. Adjourn.
Motion to adjourn.
Motion by: Ramsey Second by: Donnelly Exhibit: For: All (5) Against: None Abstaining:
Adjourn at 11:28am.
https://www.co.midland.tx.us/AgendaCenter/ViewFile/Minutes/_12122022-371