Midland County Commissioners Court met May 8.
Here are the minutes provided by the court:
Be it remembered that on Monday the 8th day of May, 2023 at 9:01a.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;
Jeff Somers, County Commissioner Precinct No. 2;
Luis D. Sanchez, County Commissioner Precinct No. 3;
Dianne Anderson, County Commissioner Precinct No. 4
Recorded by Alison Haley, County Clerk
1. Call to Order.
2. Invocation given by Commissioner Sanchez
3. Pledges of Allegiances.
4. Discuss and take action on Horseshoe contract.
Presented by County Judge Terry Johnson. Commissioner Ramsey stated that there is no reason to rush and go against the terms of the contract. Commissioner Somers asked how we handle this and move forward. Joe Kelley, President of Horseshoe Hospitality Services LLC asked for clarification. They are canceling the contract without cause. The Judge stated that he was not offering one at this time.
Motion that we discontinue the use of the services of Horseshoe Hospitality and that we cancel the contract between the County and Horseshoe Hospitality, also I ask that we finish paying what’s left in the $140,000.00 management fee that’s owed till September 30th and all this to take place immediately.
Motion by: Johnson Second by: Anderson Exhibit: 12-24 For: Johnson, Sanchez Against: Ramsey, Somers Abstaining: Anderson
5. Discuss and take action on additional funds for court-appointed attorney fees.
Presented by Judge Dettman, County Court at Law and Judge Marvin Moore, County Court at Law #2. Requesting an additional $80,000.00 for CCL and $225,000.00 for CCL2 for court appointed attorney fees.
Motion that we approve $80,000.00 for Judge Dettman and an additional $225,000.00 for Judge Moore and the amount to come out of contingency and this is for additional funds for court appointed attorney fees.
Motion by: Sanchez Second by: Ramsey Exhibit: 25-27 For: All (5) Against: None Abstaining:
6. Acknowledge Quarterly Reports for JP 2 & JP 4.
Presented by Judge John Barton, Justice of the Peace Precinct 4.
Motion to acknowledge the quarterly reports for Justice of the Peace 2 and 4.
Motion by: Ramsey Second by: Sanchez Exhibit: 28-47 For: All (5) Against: None Abstaining:
7. Discuss and take action on agreement with C. Hodges Development Services, L.P. granting a tax abatement for future construction of a Bass Pro Shop and other retail development within the area previously designated by the City of Midland as Tax Abatement Reinvestment Zone Number 2023-01.
Presented by Sarah Harris, Midland Development Corporation. The city has provided a tax abatement for this project. Charles Hodges, C. Hodges Development Services, LP joined the conversation. The impacts are $28 million in sales and 115 employees initially. There was some discussion amongst the Court members.
Motion that we approve a tax abatement for 10 years for property tax, we are not going to do sales tax currently, to approve the agreement with C. Hodges Development Services granting a tax abatement for future construction of a Bass Pro Shop and other retail development within the area previously designated by the City of Midland as Tax abatement reinvestment zone number 2023-01 for property only, and it will be under the same terms of the agreement approved by the City but without sales tax.
Motion by: Sanchez Second by: Anderson Exhibit: 48-120 For: Somers, Johnson Against: Ramsey Abstaining: Sanchez, Anderson
8. Receive report on evaluation of post-closing cost estimates for Parsley Building. Presented by Andrew Avis, Public Works Director. Exhibit: 121-223
9. Discuss and take action on Master Statement for Parsley Building. Presented by Andrew Avis, Public Works Director.
Motion that we authorize the County Judge to execute the Master Statement for the Parsley building in the amount of $15,320,771.72 and for him to sign the e-document with the funds coming from ARPA fund 369-010-00.7010 in the amount of $14,870,000.00 and the remainder from the capital outlay.
Motion by: Anderson Second by: Sanchez Exhibit: 224-235 For: Somers, Sanchez Against: Ramsey Abstaining: Johnson Anderson
10. Receive presentation from Special Olympics.
Presented by Chad Eason Sr. Director of Competition & Games at Special Olympics Texas and J’Nette Thorne Executive Director for the West Region. Discussed possibly bringing a Special Olympics competition to this area. Exhibit: 236
11. Discuss and take action on proclamation for National Tennis Month.
Presented by Laura Nodolf, District Attorney and Tim Stallard, Executive Director of the Bush Tennis Center. Recognizing May as National Tennis Month. Commissioner Ramsey read the proclamation out loud.
Motion to declare the month of May as National Tennis Month.
Motion by: Ramsey Second by: Somers Exhibit: 237-239 For: All (5) Against: None Abstaining:
12. Discuss and take action on materials which are under reconsideration in the Midland County Libraries.
Commissioner Sanchez stated he has some items he would like to make the Court aware of before we discuss this item.
County Judge Johnson called members of the public that would like to speak on this item. Then hold for executive session
Michelle Allen, Midland, Texas resident discussed the American Library Association.
James Bliski, Midland Texas resident addressed the court and stated that the Library belongs to all residents and the public should have a right to comment.
Timothy O’Leary, Midland Texas resident addressed the court about the mission of the library.
Recalled after Executive Session.
Motion to give the Librarian 90 days for her to do the revisions of the material reconsideration procedure the "Midland County Library Policies and Forms", and the ages of the library sections. Therefore, in order for the Library to complete the above revisions, the materials subject to reconsideration requests shall be shelved in the Library Director's office until the Court has an opportunity to adopt the new library polices, regardless of age of the reconsideration. And again, giving the Librarian 90 days for this process.
Motion by: Anderson Second by: Johnson Exhibit: 240-241 For: All (5) Against: None Abstaining:
13. Discuss and take action on Ward Painting, Inc. to paint the Centennial Library walkway.
Presented by Debbie Garza, Library Director. Would like to use Ward Painting, Inc. $13,600.00 from facilities budget.
Motion to use Ward Painting to paint the Centennial Library walkway for the amount of $13,600.00.
Motion by: Ramsey Second by: Somers Exhibit: 242-243 For: All (5) Against: None Abstaining:
14. Discuss and take action on donation from James & Susan Upham in the amount of $250.00 for Mounted Patrol.
Presented by Sheriff Criner.
Motion that we approve the donation from James and Susan Upham in the amount of $250.00 for Mounted Patrol.
Motion by: Sanchez Second by: Anderson Exhibit: 244-247 For: All (5) Against: None Abstaining:
15. Acknowledge donation of a quarter horse for Mounted Patrol from Kyle McGraw.
Presented by Sheriff Criner. Veronica Morales, Auditor answered the courts questions. Russell Malm, County Attorney answered the courts questions. There was some discussion about the value of the horse. Tabled for more information.
Item 15 recalled
Sheriff Criner stated the value of the horse is $5,000.00.
Motion to acknowledge the donation of a quarter horse for Mounted Patrol from Kyle McGraw.
Motion by: Ramsey Second by: Somers Exhibit: 248-249 For: All (5) Against: None Abstaining:
10:32am take a break
10:45am back into regular session.
Call item 25
16. Acknowledge C&W Fee Collection Report for April 2023.
Presented by Sheriff Criner.
Motion to acknowledge the Civil and Warrants monthly collection report.
Motion by: Ramsey Second by: Somers Exhibit: 250-251 For: All (5) Against: None Abstaining:
17. Discuss and take action on court minutes from April 24 & May 1, 2023. Presented by Alison Haley, County Clerk
Motion to acknowledge the court minutes from April 24 and May 1, 2023.
Motion by: Somers Second by: Ramsey Exhibit: 252 For: All (5) Against: None Abstaining:
18. Discuss and take action on personnel memoranda.
Presented by Sara Gray, Treasurer.
Motion to acknowledge the payroll change summary.
Motion by: Ramsey Second by: Sanchez Exhibit: 253-254 For: All (5) Against: None Abstaining:
19. Discuss and take action on line item transfers.
Presented by Veronica Morales, Auditor. There were some exceptions. Motion to approve all line-item transfers.
Motion by: Ramsey Second by: Somers Exhibit: 255-275 For: All (5) Against: None Abstaining:
20. Discuss and take action on bills and wire transfers.
Presented by Veronica Morales, Auditor. There were a few wire transfers discussed for the County Clerk’s office. There were exceptions. There were a few additional bills. SHI Government Solutions for $3,457.65 and Petro Communications $2,540.00 and Motorola Solutions $6,724.00. They have been reviewed.
Motion to approve all bills and wire transfers.
Motion by: Somers Second by: Ramsey Exhibit: 276-288 For: All (5) Against: None Abstaining:
Recalled.
Veronica Morales, Auditor, would like to revise one of the bills. Commissioner Ramsey had an expense report with a higher hotel rate. This is a correction of an additional $108.52.
Motion that we approve that $108.52.
Motion by: Sanchez Second by: Somers Exhibit: 276-288 For: All (5) Against: None Abstaining:
21. Discuss and take action on American Grant Writer’s Association (AGWA) Business Membership.
Presented by Jessica Saenz, Grant Writer.
Motion that we approve the American Grant Writers Association business membership for Jessica Saenz.
Motion by: Sanchez Second by: Anderson Exhibit: 289-290 For: All (5) Against: None Abstaining:
22. Acknowledge Summary of All Collections for the Tax Office.
Presented by Karen Hood, Tax Assessor Collector.
Motion that we acknowledge the summary of all collections for the Tax Office.
Motion by: Sanchez Second by: Ramsey Exhibit: 291-292 For: All (5) Against: None Abstaining:
23. Discuss and take action on purchase of mules for Cemetery.
Presented by David Sapp, Cemetery Director.
Motion for the cemetery to purchase 3 ATVs from Tractor Supply for $21,000.00.
Motion by: Ramsey Second by: Somers Exhibit: 293-294 For: All (5) Against: None Abstaining:
24. Discuss and take action on replacement of locks at Culver Center.
Presented by Eddie Melendez, Facilities Director. $28,777.00 budget requested. Vanessa Valdez and Oralia San Miguel from the Juvenile Department addressed the court questions.
Motion that we approve the replacement of locks at Culver Center in the amount of $29,000.00 out of contingency.
Motion by: Sanchez Second by: Ramsey Exhibit: 295-298 For: All (5) Against: None Abstaining:
Item 24 Recalled
Eddie Melendez, Facilities Director stated that replacing the doors is possible at a much higher cost.
Recall item 15
25. Acknowledge grant received for Fire Marshal’s Office Law Enforcement Officer Standards and Education (LEOSE) account.
Presented by Justin Bunch, Emergency Management Coordinator.
Motion to acknowledge.
Motion by: Sanchez Second by: Anderson Exhibit: 299-301 For: All (5) Against: None Abstaining:
26. Discuss and take action on Memorandum of Understanding with National Insurance Crime Bureau (NICB).
Presented by Justin Bunch, Emergency Management Coordinator.
Motion to approve the memorandum of understanding with the National Insurance Crime Bureau.
Motion by: Ramsey Second by: Somers Exhibit: 302-309 For: All (5) Against: None Abstaining:
27. Discuss and take action on hotel rate above per diem.
Presented by Justin Bunch, Emergency Management Coordinator.
Motion to approve the hotel rate above per diem.
Motion by: Somers Second by: Ramsey Exhibit: 310-316 For: All (5) Against: None Abstaining:
28. Discuss and take action on reimbursement of $53.29 to Ken Colston for purchase of vehicle part.
Presented by Ken Colston, Risk Manager. Veronica Morales, Auditor stated the county does not pay sales tax.
Motion to approve the reimbursement of $49.23 to Ken Colston for the purchase of vehicle part.
Motion by: Somers Second by: Sanchez Exhibit: 317-321 For: All (5) Against: None Abstaining:
29. Acknowledge adjusted Travelers Insurance property damage claim for roof hail damage to Midland County buildings that occurred May 2022.
Presented by Ken Colston, Risk Manager. Check for $778,516.63.
Motion to acknowledge the Travelers Insurance supplemental check in the amount of $778,516.63.
Motion by: Ramsey Second by: Somers Exhibit: 322-444 For: All (5) Against: None Abstaining:
30. Discuss and take action on vehicle damage to Unit 15554.
Presented by Ken Colston, Risk Manager. Vehicle needs to be replaced.
Motion to replace that vehicle and procure the claims check from Travelers and acquire one from Reliable Chevrolet in the amount of $37,463.45.
Motion by: Ramsey Second by: Somers Exhibit: 445-462 For: All (5) Against: None Abstaining:
31. Acknowledge damage and fleet accident reports for April 2023. Presented by Ken Colston, Risk Manager.
Motion to acknowledge damage and fleet accident report for April 2023.
Motion by: Somers Second by: Ramsey Exhibit: 463-470 For: All (5) Against: None Abstaining:
32. Acknowledge Rebate Check from Ricoh.
Presented by Kristy Engeldahl, Purchasing Agent. Check for $1,500.00. Motion to acknowledge the rebate from Ricoh.
Motion by: Sanchez Second by: Anderson Exhibit: 471-473 For: All (5) Against: None Abstaining:
33. Discuss and take action on change order for Reese Albert for reseeding the wetlands area in Monahan’s Draw.
Presented by Jesse Ferguson, Capital Project Manager. Required by Environmental Regulations.
Motion that we approve the change order for Reese Albert for reseeding the wetlands area in the Monahan’s Draw.
Motion by: Sanchez Second by: Anderson Exhibit: 474-476 For: All (5) Against: None Abstaining:
34. Discuss and take action on Work Authorization with Dunaway for design pavement and drainage at CR 1250 & Anetta.
Presented by Jesse Ferguson, Capital Project Manager and Andrew Avis, Public Works Director.
Motion to authorize Dunaway to design the pavement and drainage at CR 1250 and Anetta.
Motion by: Ramsey Second by: Somers Exhibit: 477-487 For: All (5) Against: None Abstaining:
35. Discuss and take action on Master Thoroughfare Plan from Dunaway. Presented by Jesse Ferguson, Capital Project Manager.
Motion to acknowledge the Master Thoroughfare plan from Dunaway.
Motion by: Somers Second by: Ramsey Exhibit: 488-489 For: All (5) Against: None Abstaining:
36. 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. SKJK Construction on SCR 1050
2. Alvaro De Hoyos on ECR 60
Request for designation of location for crossing of a Midland County Texas road:
1. Lower Place Operating on SCR 1065
2. Pioneer Natural Resources USA, Inc. on CR 1160
3. Pioneer Natural Resources USA, Inc. on CR 173
4. Pioneer Natural Resources USA, Inc. on CR 1160
5. Pioneer Natural Resources USA, Inc. on CR 1210
6. Crownquest Operating, LLC on SCR 1090
7. Pioneer Natural Resources USA, Inc. on CR 173
8. Pioneer Natural Resources USA, Inc. on CR 173
9. Pioneer Natural Resources USA, Inc. on CR 170
10. Oncor on SCR 1210
Motion that we approve all.
Motion by: Sanchez Second by: Anderson Exhibit: 490-527 For: All (5) Against: None Abstaining:
37. Receive Legislative update.
Presented by Commissioner Ramsey. Exhibit: 528-533 38. Court members to discuss priorities for the next five years.
Judge Johnson stated that this is time to discuss what items the court members would like to see in the upcoming budget year.
Commissioner Anderson mentioned that she has spoken to Mayor Lori Blong about a collaboration with the City and County.
Recall item 24
ADDENDUM
MIDLAND COUNTY COMMISSIONERS COURT MEETING
May 8, 2023 on or after 10:45 a.m.
1. Conduct Executive session pursuant to Texas Government Code Section 551.071 to consult with County Attorney regarding pending and prospective litigation and other matters.
11:14am go into Executive Session
12:00pm back into Regular Session
Recall item 12 and 20
39. Adjourn.
Motion to adjourn.
Motion by: Sanchez Second by: Somers Exhibit: For: All (5) Against: None Abstaining:
Adjourn at 12:03pm.
https://www.co.midland.tx.us/AgendaCenter/ViewFile/Minutes/_05082023-386