Midland County Commissioners Court met July 10

Midland County Commissioners Court met July 10.

Here are the minutes provided by the court:

Be it remembered that on Monday the 10th day of July 2023 at 9:00 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;

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 Pastor Pat Bryant, Travis Baptist Church.

3. Pledges of Allegiances.

4. Acknowledge 2023 Midland County Internship Program Participants.

Robert Segura, HR Director introduced the 2023 Internship program participants. Karli Ramos, Chloe Ramos, Kaitlan Keel, Javin Contreras, Sydney Laing and Nathan Binnion. No action taken. Exhibit: 12

5. Discuss and take action creating a Community and Economic Development Plan pursuant to Chapter 381 of the Texas Local Government Code.

Presented by County Judge Johnson. Sara Harris, Executive Director of the Midland Development Corporation. Russell Malm, County Attorney explained the court would need to adopt a program under Local Government code Chapter 381. No action taken. Exhibit: 13

6. Discuss and take action entering into an agreement pursuant to Chapter 381 of the Texas Local Government Code authorizing sale tax rebates to Hodges Development Agreement.

Presented by Sara Harris, Executive Director of the Midland Development Corporation. Commissioner Anderson stated that she is not in favor of authorizing sale tax rebates. Commissioner Ramsey stated that he does not want to do this. The County Judge mentioned his hesitancy. Commissioner Sanchez stated that he can’t support this. No action taken. Exhibit: 13

7. Discuss and take action on donation of $135,000.00 from Bustin’ for Badges for Sheriff’s Office.

Presented by Sheriff Criner.

Motion to accept the $135,000.00 from Bustin’ for Badges for the Sheriff’s Office.

Motion by: Ramsey Second by: Sanchez Exhibit: 14-16 4

For: All (4) Against: None Abstaining:

8. Discuss and take action on budget amendment of $135,000.00 for Sheriff’s Office. Presented by Sheriff Criner. This will be used for the drone program.

Motion to authorize the budget amendment of $135,000.00 for the Sheriff’s Office.

Motion by: Ramsey Second by: Anderson Exhibit: 17-18

For: All (4) Against: None Abstaining:

9. Discuss and take action on donation of $2,000.00 from First Presbyterian Church for Crisis Intervention Unit Victims Assistance.

Presented by Sheriff Criner.

Motion that we approve the donation of $2,000.00 from First Presbyterian Church for the Crisis Intervention Unit Victims Assistance.

Motion by: Sanchez Second by: Anderson Exhibit: 19-22

For: All (4) Against: None Abstaining:

10. Discuss and take action on budget amendment of $2,000.00 for Crisis Intervention Unit Victims Assistance.

Presented by Sheriff Criner.

Motion to approve the action budget amendment of $2,000.00 for Crisis Intervention Unit Victims Assistance.

Motion by: Sanchez Second by: Ramsey Exhibit: 23-24

For: All (4) Against: None Abstaining:

11. Discuss and take action on court minutes from June 12-14, 22 & 26, 2023. Presented by Alison Haley, County Clerk.

Motion to approve the Commissioner Court minutes for June 12-14, 22 and 26, 2023.

Motion by: Ramsey Second by: Sanchez Exhibit: 25

For: All (4) Against: None Abstaining:

12. Discuss and take action on court fees for County and District Clerks’ Offices. Presented by Alison Haley, County Clerk. The fees for May 2023.

Motion to approve the fees for County and District Clerks’ offices.

Motion by: Sanchez Second by: Anderson Exhibit: 26-39

For: All (4) Against: None Abstaining:

13. Discuss and take action on cash donation of $4.00 to County Clerk’s Office. Presented by Alison Haley, County Clerk.

Motion that we approve that cash donation of $4 to the County Clerk’s office.

Motion by: Sanchez Second by: Anderson Exhibit: 40-43

For: All (4) Against: None Abstaining:

14. Discuss and take action on Interlocal Agreement with Midland County and DSHS. Tabled.

15. Discuss and take action on RFP for Insurance Broker/Consultant.

Presented by Sara Gray, Treasurer. The expected change date is January 2025. A broker can help us put together a better plan. Kristy Engeldahl, Purchasing Agent and Russell Malm, County Attorney joined the conversation.

Motion to go out for RFP for the Insurance broker/consultant.

Motion by: Ramsey Second by: Anderson Exhibit: 44

For: All (4) Against: None Abstaining:

16. Acknowledge Quarterly Sick Leave Pool Report.

Presented by Sara Gray, Treasurer. This is the 3rd quarter for fiscal year 2023. Motion we acknowledge quarterly sick leave pool report.

Motion by: Anderson Second by: Ramsey Exhibit: 45-46

For: All (4) Against: None Abstaining:

17. Discuss and take action on personnel memoranda.

Presented by Sara Gray, Treasurer.

Motion to approve personnel memoranda.

Motion by: Sanchez Second by: Anderson Exhibit: 47-48

For: All (4) Against: None Abstaining:

18. Discuss and take action on line item transfers.

Presented by Veronica Morales, Auditor. There were a few exceptions brought to the court’s attention.

Motion we accept line- item transfers.

Motion by: Anderson Second by: Ramsey Exhibit: 49-66

For: All (4) Against: None Abstaining:

19. Discuss and take action on bills and wire transfers.

Presented by Veronica Morales, Auditor. County Clerk’s office has 2 wire transfers. There were a few exceptions. Additional bill for Commissioner Sanchez for conference in San Antonio reimbursement.

Motion we accept bills and wire transfers.

Motion by: Anderson Second by: Ramsey Exhibit: 67-77

For: All (4) Against: None Abstaining:

20. Receive and acknowledge report on Internal Control Review and Cash Count for Justice of the Peace, Precinct 1 for 2020.

Presented by Veronica Morales, Auditor. Thanked the Judge and her staff and the Auditor staff.

Move to accept internal control review and cash count for Justice of the Peace, Precinct 1 for 2020.

Motion by: Anderson Second by: Sanchez Exhibit: 78-88

For: All (4) Against: None Abstaining:

21. Receive and acknowledge report on Internal Control Review and Cash Count for Justice of the Peace, Precinct 3 for 2020.

Presented by Veronica Morales, Auditor.

Motion that we acknowledge the report on internal control review and cash count for Justice of the Peace, Precinct 3 for 2020.

Motion by: Sanchez Second by: Anderson Exhibit: 89-99

For: All (4) Against: None Abstaining:

22. Discuss and take action on additional funds for Non-Contract Vehicle Maintenance for Constable, Precinct 4.

Presented by Elle Bedoy, Facilities Fleet Contract Administrator. Requesting an additional $3,500.00 to repair vehicle.

Motion for additional funds for non-contract vehicle maintenance for Constable, Precinct 4 in the amount of $3,500.00 out of contingency.

Motion by: Sanchez Second by: Ramsey Exhibit: 100-101

For: All (4) Against: None Abstaining:

23. Acknowledge donation in the amount of $22,000.00 from ConocoPhillips and $17,721.31 from Chevron.

Presented by Laura Nodolf, District Attorney. This is to purchase bullet proof vests. Valery Acosta and Craig Matthews from Chevron appeared in court.

Motion to acknowledge donation in the amount of $22,000.00 from ConocoPhillips and $17,721.31 from Chevron.

Motion by: Ramsey Second by: Anderson Exhibit: 102-104

For: All (4) Against: None Abstaining:

24. Discuss and take action on budget amendment of $39,721.31 Law Enforcement Supplies for D.A. Investigator’s.

Presented by Laura Nodolf, District Attorney.

Motion to approve the budget amendment of $39,721.31 for law enforcement supplies for D.A. Investigator’s.

Motion by: Sanchez Second by: Anderson Exhibit: 105

For: All (4) Against: None Abstaining:

25. Discuss and take action establishing job titles and funding of jobs for Midland County Horseshoe staff.

Presented by Robert Segura, HR Director. Ken Olson, future Horseshoe Director will not start employment with the County until July 17, 2023. This is to get the positions funded.

Move that we accept the job descriptions establishing job titles and funding of jobs for the Midland County Horseshoe staff.

Motion by: Anderson Second by: Sanchez Exhibit: 106-120

For: All (4) Against: None Abstaining:

26. Discuss and take action on Interlibrary Loan Lending Reimbursement Program Grant Application.

Presented by Matt Glazer, Associate Library Director. Veronica Morales, Auditor mentioned receiving $6,878.79 from this grant in Fiscal Year 2022.

Motion authorizing the County Judge to sign the application for the Texas State Library and Archive Commission State Fiscal Year 2023 Interlibrary loan lending reimbursement program.

Motion by: Ramsey Second by: Sanchez Exhibit: 121-130

For: All (4) Against: None Abstaining:

27. Discuss and take action on budget amendment of $88,319.00 for Hazard Mitigation Grant Program Award.

Presented by Jamie Jewett, Assistant Emergency Operations Coordinator. This is to help create a plan. Justin Bunch, Emergency Management Coordinator joined the conversation.

Motion that we amendment the budget fund for Hazard Mitigation Grant program award of $88,319.00

Motion by: Anderson Second by: Ramsey Exhibit: 131-136

For: All (4) Against: None Abstaining:

28. Acknowledge Rebate Check from Ricoh.

Presented by Kristy Engeldahl, Purchasing Agent. We received a check for $750.00. Motion to acknowledge the Ricoh rebate check of $750.00.

Motion by: Ramsey Second by: Anderson Exhibit: 137-139

For: All (4) Against: None Abstaining:

29. Acknowledge receipt of the County Capital Assets pursuant to Texas Local Government Code 262.011(i).

Presented by Kristy Engeldahl, Purchasing Agent.

Motion to acknowledge receipt of the County Capital Assets pursuant to Texas Local Government Code 262.011(i).

Motion by: Ramsey Second by: Anderson Exhibit: 140-141

For: All (4) Against: None Abstaining:

30. Discuss and take action reassigning of vehicles.

Presented by Kristy Engeldahl, Purchasing Agent. Elle Bedoy, Facilities Fleet Contract Administrator answered the courts questions.

Unit 50129- Facilities unit

Unit 75106 – Warrant Services – surplus; mechanical failure; replaced w/ new.

Unit 75105 – Warrant Services – surplus; needs work; replaced w/ new.

Unit 45215 – Cemetery – surplus; replaced w/ new.

Unit 35051 – Juv Prob – traded into dealership for new vehicle purchase.

Unit 35036 – Juv Prob – traded into dealership for new vehicle purchase.

Unit 10325 – R&B – traded into dealership for new motor grader.

Unit 13002 – HR – wrecked/totaled; insurance will pick up.

Unit 15554 – SO-C&W – wrecked/totaled; insurance will pick up.

Unit 15564 – SO-Patrol – wrecked/totaled; insurance will pick up.

Commissioner Anderson asked about 50129. Elle Bedoy stated that it does not work. Mechanical failure. Turned into surplus. 75105 has been requested by Midland College. 13002 was not our fault. 15554 was not our fault. 15564 not sure about fault.

Move to approve the reassigning of vehicles.

Motion by: Sanchez Second by: Ramsey Exhibit: 142-152

For: All (4) Against: None Abstaining:

31. Discuss and take action on Surplus Vehicle to Midland College.

Presented by Kristy Engeldahl, Purchasing Agent. We do have an MOU with Midland College. They are requesting 75105. Commissioner Anderson.

Motion that we approve the transfer of a vehicle to Midland College pursuant to an interlocal agreement.

Motion by: Sanchez Second by: Ramsey Exhibit: 153-154

For: All (4) Against: None Abstaining:

32. Discuss and take action on request from the Texas Department of Transportation to purchase a drainage easement across Midland County property located at 2800 West I-20.

Hold for Executive Session. No action taken. Exhibit: 155

33. Discuss and take action on design of SCR 1160, WCR 171/SCR 1325, CR 122, ECR 90 & NCR 1160, Intersection ECR 180& SCR 1090, WCR 150 to SCR 1232.

Presented by Jesse Ferguson, Public Works Capital Projects Manager. Commissioner Anderson suggested using local engineering firms.

Motion authorizing Public Works to go to consultants to design study for all these road projects.

Motion by: Ramsey Second by: Anderson Exhibit: 156-157

For: All (4) Against: None Abstaining:

34. Discuss and take action on plat for Feeders Meat Processing. Tabled

35. Discuss and take action on plat for Rustic Acres. Tabled

36. Discuss and take action on use of County Credit Card for registration fees for Andrew Avis to attend the Texas Floodplain Management Association Technical Summit.

Presented by Jessica Buchanan, Public Works Regulations Manager and Andrew Avis, Public Works Director.

Move that we allow Andrew Avis to use the County Credit Card for registration fees for the Texas Floodplain Management Association Technical Summit.

Motion by: Anderson Second by: Sanchez Exhibit: 158-166

For: All (4) Against: None Abstaining:

37. 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. KVC Construction on SCR 1200

Request for designation of location for crossing of a Midland County Texas road:

1. Oncor Electric Delivery on SCR 1210

2. Oncor Electric Delivery Company on WCR 120

3. Pioneer Natural Resources USA Inc. on SCR 1210

4. Pioneer Natural Resources USA Inc. on WCR 150

5. Pioneer Natural Resources USA Inc. on WCR 140

Motion to approve all.

Motion by: Sanchez Second by: Ramsey Exhibit: 167-180

For: All (4) Against: None Abstaining:

38. Discuss and take action on Safe Streets for All (SS4A) grant agreement. Presented by Commissioner Sanchez.

Motion that we approve and allow the County Judge to sign the Safe Streets for all (SS4A) grant agreement.

Motion by: Sanchez Second by: Anderson Exhibit: 181-219

For: All (4) Against: None Abstaining:

39. Discuss and take action on mural at Courthouse.

Presented by Commissioner Anderson. Janet Pontious, Artist presented a new sketch and answered the Courts questions. County Attorney, Russell Malm answered the Courts questions. The location of the mural was discussed. Exhibit: 220-221

10:16 a.m. take a break.

10:28 a.m. back into Regular Session.

Eddie Melendez, Facilities Director mentioned the time frame and the liability with the use of the scissor lift. There was a discussion about waiting until next court. No action taken.

40. Discuss and take action on agreement with Midland County Fair. Presented by Jenny Hilton, County Court Administrator. Tabled until next court date,

41. Discuss and take action designating officer to calculate the No-New-Revenue Rate, Voter-Approved Rate, and certify the calculation forms.

Presented Jenny Hilton, County Court Administrator.

Motion designating Karen Hood, Tax Assessor for Midland County as officer responsible for calculating the NNR, VAR and enter in the data base.

Motion by: Ramsey Second by: Sanchez Exhibit: 222

For: All (4) Against: None Abstaining:

42. Discuss and take action selecting Salary Grievance Committee members. Presented by Alison Haley, County Clerk and Russell Malm, County Attorney Motion that we do what we did last year where we do the 9 and the 18 alternates.

Motion by: Sanchez Second by: Ramsey Exhibit: 223-224

For: All (4) Against: None Abstaining:

County Judge Johnson called out the 9 member names:

Kelli Uechi Day, Josiah Lee Duran, Charles Joseph Reker, Leslie Wade Shipman, David Leon Hayes, Tanner Weston Davis, James Randall Nichols, Andrew Campos and Lavinya Ann Marche Coleman.

County Judge Johnson then called out the 18 alternate names:

Bertha Alice Sanchez, Richardo Morales, Annette Reynolds Childers, Gabino Flores Almager, Raelynn Marie Mendenhall, Gillermo Hernandez, Omar Sanchez Medrano, Mary Elizabeth Courtney, Jared Randel Lee, Melissa Jo Evans, Weston James Horton, Joshua Cade Hebert, Roger Dale Copeland, Tamorie L Adams, Carolyn Nail McNamara, Christina J Young, Sonya Cordova Marin and Luis Aaron Rodriguez Mendoza.

Motion that we approve the 9 names and the 18 alternates as presented by the Judge.

Motion by: Sanchez Second by: Ramsey Exhibit: 223-224

For: All (4) Against: None Abstaining:

43. Discuss and take action on proposed salaries for Elected Officials.

Presented by Jenny Hilton, County Court Administrator. After the discussion Sara Gray, Treasurer clarified that this was on the base salary.

Motion to give elected officials making over $90,000.00 base salary a 2% increase, Elected officials under $90,000.00i a 6% pay increase, exempting the Constables who got a pay raise last year, they will get a 2% raise.

Motion by: Ramsey Second by: Sanchez Exhibit: 225

For: All (4) Against: None Abstaining:

44. Conduct Executive session pursuant to Texas Government Code Section 551.074 to discuss personnel matters.

45. Conduct Executive session pursuant to Texas Government Code Section 551.072 to deliberate the purchase, exchange, lease, or value of real property.

11:23 a.m. go into Executive Session

12:18 p.m. back into Regular Session.

46. Discuss and take action on contract with seller of property.

Motion that we approve the purchase of the property, that is 74.599 acers out of section 11 block 39 T-2-S T&P RR County survey. In the amount of $2.6 million with an earnest money deposit of $10,000.00.

Motion by: Sanchez Second by: Ramsey Exhibit: 226-227

For: All (4) Against: None Abstaining:

47. Adjourn.

Motion to adjourn.

Motion by: Ramsey Second by: Anderson Exhibit:

For: All (4) Against: None Abstaining:

Adjourn at 12:20 p.m.

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