Midland County Commissioners Court met Aug. 28.
Here are the minutes provided by the court:
Be it remembered that on Monday the 28th day of August 2023 at 9:00a.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 Pastor Roy Smith, True Lite Christian Fellowship.
3. Pledges of Allegiances.
Call item 22
4. Acknowledge August’s I.M.P.A.C.T.S. of the Month Honoree, Rosemary Zarate, with the Sheriff’s Office.
Presented by Rober Segura, H.R. Director. Kelly O’Brien, Treasurers office read her nomination for Rosemary Zarate.
Motion to acknowledge I.M.P.A.C.T.S. of the month honoree.
Motion by: Ramsey Second by: Somers Exhibit: 25
For: All (5) Against: None Abstaining:
5. Discuss and take action on payment and declaring a public purpose for items purchased for Mental Health Court Graduation.
Hold for Judge Leonard, 238th District Court.
Recalled
Presented by Judge Elizabeth Leonard, 238th District Court. Food was provided at the event and the amount was $309.27.
Motion that we approve the payment as a public purpose for the purchase of mental health Court graduation food. The public purpose is mental health Court graduation.
Motion by: Anderson Second by: Somers Exhibit: 26-29
For: All (5) Against: None Abstaining:
Call Item 79
6. Acknowledge Monthly Report for July 2023 for JP 3.
Presented by Judge Susan Rayos, Justice of the Peace Precinct 3.
Motion to acknowledge the monthly report for July 2023 for JP 3.
Motion by: Sanchez Second by: Anderson Exhibit: 30-47
For: All (5) Against: None Abstaining:
7. Discuss and take action on variance and paving project at CR 120.
Presented by Commissioner Somers and Bruce Sharp, President of Longhorn Tubular Services, LLC. Andrew Avis, Public Works Director answered the Courts questions. Mr. Sharp has agreed to pay any additional cost incurred per Commissioner Somers. Commissioner Sanchez express his concerns because the Court has denied this to others in the past.
Motion to approve the variance and paving project at CR 120.
Motion by: Somers Second by: Ramsey Exhibit: 48-52
For: Ramsey, Somers Against: Sanchez Abstaining: Johonson, Anderson
Recall item 5
8. Conduct Public Hearing on possible placement of Speed Limit Signs on CR 171.
County Judge Johnson announced a public hearing for possible placement of speed limit signs on CR 171. No one came forward.
9. Discuss and take action on possible placement of Speed Limit Signs on CR 171.
Presented by Ruben Mata, Road and Bridge Director of Administrations. Requesting to put up a 45mph speed limit sign.
Motion placing a speed limit signs at 45 MPH on WCR 171.
Motion by: Ramsey Second by: Sanchez Exhibit: 53-57
For: All (5) Against: None Abstaining:
10. Conduct Public Hearing on the Midland County Proposed Budget for FY 2023-2024.
County Judge Johnson announced a public hearing on the Midland County Proposed Budget for FY 2023-2024. No one came forward. Exhibit: 58-63
11. Acknowledge damage and fleet accident reports.
Presented by Ken Colston, Risk Manager. Commissioner Anderson asked Sheriff Criner what could be done to reduce these accidents. Sheriff Criner stated that he was happy to report that none of the officers were injured. Commissioner Somers asked if this was an item to be acknowledge or an investigation. We are not agendized to investigate.
Motion to acknowledge the damage and fleet accident reports.
Motion by: Somers Second by: Ramsey Exhibit: 64-73
For: All (5) Against: None Abstaining:
12. Discuss and take action on additional funds for fuel for Courthouse Security. Presented by Sheriff Criner. Requestion and additional $1,500.00 for fuel.
Motion to put $1,500.00 into you fuel account for the remaining fiscal year 2023 from fuel contingency.
Motion by: Ramsey Second by: Somers Exhibit: 74-75
For: All (5) Against: None Abstaining:
13. Acknowledge Sheriff’s Office Report for July 2023.
Presented by Sheriff Criner. Commissioner Anderson asked how the animal calls were handled. Commissioner Sanchez asked about the bite calls.
Move that we acknowledge the Sheriff’s report for July 2023.
Motion by: Anderson Second by: Sanchez Exhibit: 76-80
For: All (5) Against: None Abstaining:
14. Discuss and take action on court minutes from August 14, 2023. Presented by Alison Haley, County Clerk.
Move we accept the court minutes for August 14, 2023.
Motion by: Anderson Second by: Sanchez Exhibit: 81
For: All (5) Against: None Abstaining:
15. Discuss and take action on court fees for County and District Clerks’ Offices. Presented by Alison Haley, County Clerk. Fees for July of 2023.
Motion to approve the court fees for County and District Clerks’ office.
Motion by: Sanchez Second by: Ramsey Exhibit: 82-95
For: All (5) Against: None Abstaining:
16. Discuss and take action on personnel memoranda.
Presented by Sara Gray, Treasurer.
Move we accept the personnel memorandum.
Motion by: Anderson Second by: Sanchez Exhibit: 96-98
For: All (5) Against: None Abstaining:
17. Discuss and take action on line item transfers.
Presented by Veronic Morales, Auditor. There are a few exceptions. Motion to approve all line-item transfers.
Motion by: Ramsey Second by: Somers Exhibit: 99-135
For: All (5) Against: None Abstaining:
18. Discuss and take action on bills and wire transfers.
Presented by Veronica Morales, Auditor. There was one wire transfer for the County Clerk’s office. A few exceptions to the bills were discussed. Additional bill for Pilot Logistics $1,637.41 for fuel and for the City of Midland bill for $500.00.
Motion to approve all bills, wire transfers and exceptions.
Motion by: Sanchez Second by: Anderson Exhibit: 136-146
For: All (5) Against: None Abstaining:
19. Discuss and take action on use of Horseshoe for EDVC for November 7, 2023 Election.
Presented by Carolyn Graves, Elections Administrator. New law passed and we are required to have 23 election day vote centers.
Motion to approve the use of Horseshoe for EDVC for November 7, 2023 Election.
Motion by: Somers Second by: Ramsey Exhibit: 147
For: All (5) Against: None Abstaining:
20. Discuss and take action on Order and Notice of Election for November 7, 2023, Constitutional Amendment Election.
Presented by Carolyn Graves, Elections Administrator.
Motion that we approve the order and notice of Election for November 7, 2023, Constitutional Amendment Election.
Motion by: Sanchez Second by: Ramsey Exhibit: 148-154
For: All (5) Against: None Abstaining:
21. Discuss and take action on new Election Administrator Grade and Step salary. Tabled.
22. Acknowledge Order Setting Compensation of County Auditor, Assistant County Auditors, District Court Reporters and District Court Bailiffs.
Presented by Alex Archuleta, District Clerk.
Motion to approve/acknowledge the District Clerk’s certification of order setting compensation of County Auditor, Assistant County Auditors, District Court Reporters and Bailiffs.
Motion by: Ramsey Second by: Somers Exhibit: 155-160
For: All (5) Against: None Abstaining:
Back to item 4
23. Discuss and take action on I.M.P.A.C.T.S. event celebration on September 20, 2023. Presented by Rober Segura, H.R. Director.
Motion to approve the I.M.P.A.C.T.S. celebration on September 20th from 11:30a.m. to 1:30p.m.
Motion by: Ramsey Second by: Somers Exhibit: 161
For: All (5) Against: None Abstaining:
24. Discuss and take action on use of Horseshoe for County Christmas Lunch on December 9, 2023.
Presented by Rober Segura, H.R. Director.
Motion to approve the use of the Horseshoe for County Christmas lunch on December 9, 2023.
Motion by: Somers Second by: Ramsey Exhibit: 162
For: All (5) Against: None Abstaining:
25. Discuss and take action on additional funds for vehicle fuel in the amount of $2,500.00 for D.A.
Presented by Laura Nodolf, District Attorney. Commissioner Anderson questioned the amount requested.
Motion to transfer $2,500.00 from vehicle fuel contingency to the D. A.’s office.
Motion by: Ramsey Second by: Somers Exhibit: 163
For: All (5) Against: None Abstaining:
26. Discuss and take action on the following contracts for Project Literacy: a. Abby Hanlon.
b. Lucky Diaz.
c. Matt Phelan.
Presented by Debbie Garza, Library Director.
Motion to authorize the County Judge to sign the Abby Hanlon contracts for Project Literacy.
Motion by: Ramsey Second by: Somers Exhibit: 164-182
For: All (5) Against: None Abstaining:
I will amend my motion to include Luck Diaz for project literacy and Matt Phelan for project literacy.
Motion by: Ramsey Second by: Somers Exhibit: 183-204
For: All (5) Against: None Abstaining:
27. Discuss and take action on Bibliotheca CloudLibrary Annual Subscription Renewal. Presented by Debbie Garza, Library Director. Annual subscription renewal. Motion that we approve the Bibliotheca CloudLibrary annual subscription renewal.
Motion by: Sanchez Second by: Ramsey Exhibit: 205-210
For: All (5) Against: None Abstaining:
28. Discuss and take action on National Library Card Sign Up Month Proclamation. Presented by Debbie Garza, Library Director. September national proclamation. Move that we approve the National Library card sign up month proclamation.
Motion by: Anderson Second by: Sanchez Exhibit: 211-212
For: All (5) Against: None Abstaining:
29. Discuss and take action on Overland Exhibition Hosting Terms & Conditions: Chisholm Trail.
Presented by Debbie Garza, Library Director. $2,000.00 deposit has been budgeted. Move we approve the Overland Exhibition hosting of the Chisholm Trail.
Motion by: Anderson Second by: Sanchez Exhibit: 213-226
For: All (5) Against: None Abstaining:
30. Discuss and take action closing Centennial Library to close at 4 p.m. for the Rosalind Redfern Library Benefactor Award reception on November 16, 2023.
Presented by Debbie Garza, Library Director.
Motion to approve closing the Centennial Library at 4 p.m. for the Rosalind Redfern Library Benefactor award reception on November 16, 2023.
Motion by: Somers Second by: Ramsey Exhibit: 227
For: All (5) Against: None Abstaining:
31. Discuss and take action Security Gates for Centennial Library. Presented by Eddie Melendez, Facilities Director.
Motion to purchase and install the security gates at the Centennial Library.
Motion by: Ramsey Second by: Somers Exhibit: 228-231
For: All (5) Against: None Abstaining:
32. Discuss and take action repairing and repainting Horseshoe Administration Offices.
Presented by Eddie Melendez, Facilities Director. The wall needs to be repaired and painted. $12,469.00
Motion to approve repairing and repainting Horseshoe Administration offices.
Motion by: Somers Second by: Sanchez Exhibit: 232-234
For: All (5) Against: None Abstaining:
33. Discuss and take action on ADA Restroom at the Cemetery.
Presented by Eddie Melendez, Facilities Director. $33,574.00 LMC
Motion that we approve the ADA restroom at the cemetery.
Motion by: Sanchez Second by: Anderson Exhibit: 235-239
For: All (5) Against: None Abstaining:
34. Discuss and take action on Public Worker’s Compensation Program (PWCP) 2021- 2022 excess contribution refunds totaling $57,628.82.
Presented by Ken Colston, Risk Manager.
Motion that we approve the Public Workers Compensation Program (PWCP) 2021-2022 excess contribution refunds totaling $57,628.82.
Motion by: Sanchez Second by: Anderson Exhibit: 240-243
For: All (5) Against: None Abstaining:
35. Discuss and take action allowing Ken Colston to sign release of claims form with Hudson Insurance Group on behalf of RBP Hauling, LLC.
Presented by Ken Colston, Risk Manager. This was for the $18,381.87.
Motion to approve allowing Ken Colston to sign the release of claims form from the Hudson Insurance group on behalf of RBP Hauling, LLC.
Motion by: Somers Second by: Ramsey Exhibit: 244-246
For: All (5) Against: None Abstaining:
36. Discuss and take action on replacement of Unit #13002.
Presented by Ken Colston, Risk Manager. The previously approved vehicle was sold before we could purchase it.
Move that we approve the replacement of unit #13002 and approve the additional funds of $3,319.00 to purchase the vehicle.
Motion by: Anderson Second by: Sanchez Exhibit: 247-256
For: All (5) Against: None Abstaining:
37. Discuss and take action on appointment of Emergency Management Coordinator and Fire Marshal.
Presented by Ken Colston, Risk Manager.
Motion that we approve the appointment of Emergency Management Coordinator and Fire Marshall, Justin Bunch.
Motion by: Sanchez Second by: Somers Exhibit: 257
For: All (5) Against: None Abstaining:
38. Discuss and take action on bond renewal for Justin Bunch.
Presented by Ken Colston, Risk Management.
Motion to approve the bond for Justin Bunch, Midland County Fire Marshal. .
Motion by: Ramsey Second by: Somers Exhibit: 258-264
For: All (5) Against: None Abstaining:
39. Discuss and take action using Ludus as ticketing platform for Horseshoe, new ticketing policy and fees, and using local groups and volunteers for ticket scanners.
Presented by Ken Olson, Horseshoe Director. There is no contract and no annual fee. $6,000.00. Requesting 10 iPads. Commissioner Anderson stepped away.
Motion that we approve using Ludus as ticketing platform for the Horseshoe, new ticketing policy and fees, and using local groups and volunteers for ticket scanners and the amount coming out of contingency, the amount is $6,000.00, that is for the iPads to be able to use Ludus ticketing platform.
Motion by: Sanchez Second by: Somers Exhibit: 265-268
For: Ramsey, Somers Against: None Abstaining: Johnson, Sanchez
Veronica Morales, Auditor asked if the funds were for the iPads or the software program. No, it is just for iPads and cases. Commissioner Anderson came back.
Motion that we include that money into the IT equipment and furnishings in the amount of $6,000.00.
Motion by: Sanchez Second by: Somers Exhibit: 265-268
For: All (5) Against: None Abstaining:
40. Discuss and take action on new Horseshoe Rental Contract.
Presented by Ken Olson, Horseshoe Director and Russell Malm, County Attorney. Commissioner Anderson asked about using hay. Justin Bunch, Emergency Management Coordinator addressed the question about the hay. Commissioner Anderson questioned popcorn or cotton candy machine being allowed. Commissioner Anderson question the price increase for Veterans Day. Russell Malm, County Attorney stated they need to clarify for anyone renting the facility that they have to comply with the facility rules which will be in a separate document. Also clarifying they are responsible for any vendors they bring with them.
Motion that we approve the new Horseshoe rental contract with the two additional paragraphs that the County Attorney just spoke about.
Motion by: Sanchez Second by: Anderson Exhibit: 269-272
For: All (5) Against: None Abstaining:
41. Discuss and take action on new policies for events at the Horseshoe.
Presented by Ken Olson, Horseshoe Director. Commissioner Ramsey and Sanchez asked about the catering units. Commissioner Ramsey questioned the removal of premium parking.
Motion we approve the new policies for events at the Horseshoe document.
Motion by: Anderson Second by: Sanchez Exhibit: 273-280
For: All (5) Against: None Abstaining:
42. Discuss and take action on new Horseshoe pricing structure.
Presented by Ken Olson, Horseshoe Director. After some discussion the item was tabled. Tabled
43. Discuss and take action on refunds for Horseshoe catering fee since August 1st.
Presented by Ken Olson, Horseshoe Director. Due to eliminating food and beverage we have forced 4 events to use outside vendors we need to refund $4,093.39.
Motion to approve the refunds on the Horseshoe catering fees since Augusts 1st.
Motion by: Somers Second by: Sanchez Exhibit: 281-285
For: All (5) Against: None Abstaining:
44. Discuss and take action starting new social media presence for Horseshoe.
Presented Ken Olson, Horseshoe Director. We do not have access to the current Facebook page. Russell Malm, County Attorney joined the conversation. Javier Chacon, IT Director explained the reason for non-access and suggested a transition to a new Facebook page. Tate Owen, PIO suggested that it might be worth trying to obtain access before beginning a new page. Commissioner Sanchez stated that as a government entity we cannot use TikTok.
Motion that we approve starting a new social media presence for the Horseshoe including a new Facebook page and any other social media platforms for the Horseshoe.
Motion by: Sanchez Second by: Anderson Exhibit: 286
For: All (5) Against: None Abstaining:
45. Discuss and take action on new logo for Horseshoe.
Presented by Ken Olson, Horseshoe Director. After some discussion the item was tabled. Tabled. Exhibit: 287-290
46. Discuss and take action on Perfect Venue as venue booking software.
Presented by Ken Olson, Horseshoe Director and Sara Gray, Treasurer expressed using Certified Payments as opposed to the financial part that comes with this software.
Move we approve Perfect Venue as venue booking software for the Horseshoe.
Motion by: Anderson Second by: Sanchez Exhibit: 291
For: All (5) Against: None Abstaining:
47. Discuss and take action on Horseshoe Arena gates & temporary staircase.
Presented by Ken Olson, Horseshoe Director and Eddie Melendez, Facilities Director. Total amount $45,966.86 requesting an additional $16,801.59. Commissioner Ramsey expressed some concern. Commissioner Sanchez stated the staircases can be moved.
Motion that we approve the arena gates and temporary staircase in the amount of $16,801.59 and the vendor being LMC corporation.
Motion by: Sanchez Second by: Anderson Exhibit: 292-303
For: All (5) Against: None Abstaining:
11:56a.m. break for lunch and return at 1:30p.m.
1:34p.m. back into regular session
48. Discuss and take action on purchase and agreement with Recon Infosec for Advance Email Threat Protection service.
Presented by Javier Chacon, IT Director. $19,080.00 budgeted.
Motion to purchase and to sign agreement with Recon Infosec for Advance Email threat protection service.
Motion by: Ramsey Second by: Somers Exhibit: 304-307
For: All (5) Against: None Abstaining:
49. Discuss and take action on Assignment and Assumption Agreement with UPN over Dark Fiber Leasing and Servicing.
Presented by Javier Chacon, IT Director.
Motion that we approve the Assignment and Assumption agreement with UPN over dark fiber leasing and servicing.
Motion by: Sanchez Second by: Ramsey Exhibit: 308
For: All (5) Against: None Abstaining:
50. Discuss and take action on Text Notification Amendment for Tyler Courts Project. Presented by Javier Chacon, IT Director.
Motion to approve the text notification amendment for Tyler courts project.
Motion by: Somers Second by: Ramsey Exhibit: 309-310
For: All (5) Against: None Abstaining:
51. Discuss and take action on Tyler Payments Order Form for Midland County Pretrial Office.
Presented by Javier Chacon, IT Director.
Motion approve the Tyler Payments order form for Midland County Pretrial office.
Motion by: Ramsey Second by: Somers Exhibit: 311-314
For: All (5) Against: None Abstaining:
52. Discuss and take action on purchase of fencing for radio tower sites. Presented by Javier Chacon, IT Director. This is a budgeted item.
Move we approve the purchase of fencing for radio tower sites.
Motion by: Anderson Second by: Ramsey Exhibit: 315-316
For: All (5) Against: None Abstaining:
53. Discuss and take action on award for RFP 23MCO611 Facilities Building.
Presented by Kristy Engeldahl, Purchasing Agent and Eddie Melendez, Facilities Director. Recommend awarding to Henthorn Commercial Construction in the amount of $1,335,000.00. They will need to an additional $316,000 from contingency and $200,000.00 from building maintenance. Veronica Morales, Auditor joined the conversation. Tabled. Exhibit: 317-320
54. Discuss and take action on award for RFP 23MCO612 Employee Benefits Insurance Broker and Consulting Services.
Presented by Kristy Engeldahl, Purchasing Agent. We received 11 responses for this bid. After much evaluation, we have scored 2 companies equally, those companies being Alliant Insurance Services and Holmes Murphy & Associates. Sara Gray, Treasurer explained what this broker will do for Midland County.
Motion to award RFP 23MCO612 Employee Benefits Insurance Broker and Consulting Services to Holmes Murphy and Associates
Motion by: Ramsey Second by: Anderson Exhibit: 321-323
For: All (5) Against: None Abstaining:
55. Discuss and take action on RFP for Landscape Services.
Presented by Kristy Engeldahl, Purchasing Agent.
Motion to go out for RFP for landscape services for Midland County.
Motion by: Ramsey Second by: Somers Exhibit: 324
For: All (5) Against: None Abstaining:
56. Discuss and take action on change order for Additional Doors and Hardware for 11th Floor Buildout.
Presented by Jessica Buchanan, Regulations Manager.
Motion to approve the change order on the 11th floor buildout for additional doors and hardware.
Motion by: Ramsey Second by: Somers Exhibit: 325
For: All (5) Against: None Abstaining:
57. Discuss and take action on change order with MW Builders for Payment and Performance Bond Premium for 11th Floor Buildout.
Presented by Jessica Buchanan, Regulations Manager.
Motion to approve change the order with MW Builders for payment and performance bond premium for the 11th floor buildout.
Motion by: Sanchez Second by: Anderson Exhibit: 326
For: All (5) Against: None Abstaining:
58. Discuss and take action on purchase of shades for 11th Floor. Presented by Jessica Buchanan, Regulations Manager.
Motion to approve the purchase of shades for 11th floor.
Motion by: Somers Second by: Ramsey Exhibit: 327-329
For: All (5) Against: None Abstaining:
59. Discuss and take action on plat for Knapp Addition.
Presented by Jessica Buchanan, Regulations Manager. Commissioner Sanchez stated that an HOA is in place.
Motion to approve the plat for the Knapp addition.
Motion by: Sanchez Second by: Anderson Exhibit: 330-388
For: All (5) Against: None Abstaining:
60. 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. Perseverance Homes LLC. on SCR 1055.
2. Green Machine Homes on SCR 1055.
3. Stumblin N Farms, LLC on ECR 120.
4. Matterhorn Express Pipeline, LLC on ECR 120.
5. Matterhorn Express Pipeline, LLC on ECR 120.
6. Matterhorn Express Pipeline, LLC on ECR 160.
7. Matterhorn Express Pipeline, LLC on ECR 160.
8. Matterhorn Express Pipeline, LLC on ECR 1232.
9. Matterhorn Express Pipeline, LLC on ECR 1232.
10. Matterhorn Express Pipeline, LLC on ECR 200.
11. Matterhorn Express Pipeline, LLC on ECR 200.
12. Matterhorn Express Pipeline, LLC on ECR 200.
Request for designation of location for crossing of a Midland County Texas road:
1. Medallion Midland Gathering, LLC on CR 173.
2. Broadhead Boring on Antelope Trail.
3. Midland Petro D.C. Partners, LLC on ECR 90.
4. Environmental Disposal Systems, LLC. on NCR 1130.
5. Oncor on SCR 1090.
Move to approve all.
Motion by: Sanchez Second by: Somers Exhibit: 389-441
For: All (5) Against: None Abstaining:
61. Discuss and take action on change order with Reece Albert for Reconstruction of CR 1210.
Presented by Jesse Ferguson, Capital Project Manager.
Motion that we approve the change order with Reece Albert for the reconstruction of CR 1210.
Motion by: Sanchez Second by: Ramsey Exhibit: 442-443
For: All (5) Against: None Abstaining:
62. Discuss and take action on change order with Reece Albert for P&P bonds for construction of WCR 120 Extension to Midkiff.
Presented by Jesse Ferguson, Capital Project Manager.
Motion that we approve the change order with Reece Albert for P&P bonds for construction of WCR 120 extension to Midkiff.
Motion by: Sanchez Second by: Anderson Exhibit: 444-446
For: All (5) Against: None Abstaining:
63. Discuss and take action on payment and deed agreement with Graham-McAlister Company.
Presented by Jesse Ferguson, Capital Project Manager.
Motion to approve the payment and deed agreement with Graham-McAlister Company.
Motion by: Somers Second by: Ramsey Exhibit: 447-461
For: All (5) Against: None Abstaining:
Recalled
Motion to approve payment of $913,660.00 from 604-015-00.7080 and deed agreement with Graham-McAlister Company.
Motion by: Somers Second by: Ramsey Exhibit: 557-461
For: All (5) Against: None Abstaining:
Call item 69
64. Discuss and take action on encroachment notification to Plains All America Pipeline for construction on WCR 130.
Presented by Jesse Ferguson, Capital Project Manager.
Motion that we approve the encroachment notification to Plains All American Pipeline for construction on WCR 130.
Motion by: Sanchez Second by: Anderson Exhibit: 462-464
For: All (5) Against: None Abstaining:
65. Discuss and take action on change order with Parkhill for additional construction phase services, addition of WCR 150 Extension, and traffic signal design at FM 1788 & WCR 160.
Presented by Jesse Ferguson, Capital Project Manager.
Motion that we approve the change order with Parkhill for additional construction phase services, addition of WCR 150 extension, and traffic signal design at FM 1788 and WCR 160.
Motion by: Sanchez Second by: Anderson Exhibit: 465-516
For: All (5) Against: None Abstaining:
66. Discuss and take action on contract amendment to Work Authorization for reconstruction of SCR 1130 with Dunaway.
Presented by Jesse Ferguson, Capital Project Manager and Andrew Avis, Public Works Director.
Motion to approve the contract amendment to work authorization for the reconstruction of SCR 1130 with Dunaway.
Motion by: Somers Second by: Ramsey Exhibit: 517-518
For: All (5) Against: None Abstaining:
67. Discuss and take action on Work Authorization with Magrym for design of pavement and drainage improvements to WCR 171, SCR 1325, and new road.
Presented by Jesse Ferguson, Capital Project Manager.
Motion to authorize Magrym for the design of pavement and drainage improvements for WCR 171, SCR 1325, and a new road.
Motion by: Ramsey Second by: Somers Exhibit: 519-528
For: All (5) Against: None Abstaining:
68. Discuss and take action on Work Authorization with Magrym for design improvements to intersection of ECR 180 and SCR 1090.
Presented by Jesse Ferguson, Capital Project Manager.
Motion to approve the work authorization with Magrym for design improvements to intersection of ECR 180 and SCR 1090.
Motion by: Somers Second by: Sanchez Exhibit: 529-536
For: All (5) Against: None Abstaining:
Recall item 63
69. Discuss and take action on agreement with First Methodist Church for use of parking lot.
Presented by Andrew Avis, Public Wors Director. 15-year agreement.
Motion to execute the agreement with First Methodist Church regarding the parking lot use south of the Courthouse and authorize payment of $129,568.35 from 200-900- 00.5670.
Motion by: Ramsey Second by: Somers Exhibit: 537-544
For: All (5) Against: None Abstaining:
70. Discuss and take action on task order with Parkhill for water and sewer design at new SO building.
Presented by Andrew Avis, Public Works Director.
Motion to authorize the County Judge to execute the agreement with Parkhill for water and sewer design for the new Sheriff’s Office.
Motion by: Somers Second by: Sanchez Exhibit: 545-551
For: All (5) Against: None Abstaining:
71. Discuss and take action allowing Road & Bridge to provide dust control at Main St. Lot.
Presented by Andrew Avis, Public Works Director.
Motion to approve allowing Road and Bridge to provide dust control at the Main St. Lot in front of the jail.
Motion by: Sanchez Second by: Anderson Exhibit: 552
For: All (5) Against: None Abstaining:
72. Discuss and take action on salary adjustment for Jay Chacon with I.T. Hold for executive session.
Recalled after Executive Session.
Motion that we do a salary adjustment for Jay Chacon with IT to a 33.9 effective immediately.
Motion by: Somers Second by: Ramsey Exhibit: 553
For: All (5) Against: None Abstaining:
73. Discuss and take action on other leave paid.
Presented by County Judge Johnson. Sara Gray, Treasurer explained the need for other leave paid. Alison Haley, County Clerk explained what she uses other paid leave for. No action taken. Exhibit: 554
74. Discuss and take action on Library Advisory Board Members.
Presented by County Judge Johnson. Russell Malm, County Attorney stated that he was unaware of a legal requirement to have a library advisory board. Debbie Garza, Library Director joined the conversation. Commissioner Anderson suggested Michelle Allen and Commissioners Somers suggestion of Christen Hues. Commissioner Ramsey suggested Alathea Blischke. Judge Johnson suggested Pastor Roy Smith. Commissioner Anderson suggested Alford T. Garza, Jr. Commissioner Sanchez mentioned the 3 existing members and asked who they are. John Trischitti, Bonita Tribble and Allison Brown. They continue to meet. Commissioner Ramsey mentioned obtaining Director and Officer insurance. Judge Johnson suggested Michelle Morris. Commissioner Sanchez suggested receiving resumes to help the court decide.
Public Testimony:
Alathea Blischke, Midland County resident mentioned that she served on the Library Advisory Board from 2010-2013. Explained how the library advisor board functioned in the past.
Heather Bredimus, Midland County resident suggested that they inform the people who serve on the Library advisory board that they could possibly be sued for violating first amendment rights.
No action was taken. Exhibit: 555-560
75. Discuss and take action moving Warrants Services under Sheriff’s Office. Hold for Executive session.
Tabled.
76. Discuss and take action on vehicle policy 11.04a.
Presented by County Judge Johnson. County vehicle policy was read aloud. He would like to make sure this policy is enforced.
Public Testimony:
James Rex, Midland Resident, D.A. Investigator. There are more off duty jobs than officers available.
Commissioner Sanchez stated that they are just looking into areas that can be abused. No action taken. Exhibit: 561-564
77. Discuss and take action on Grade and Step plan for FY 2024.
Presented by Sara Gray, Treasurer. The pay grade and step plan has been changed to 2% between each step as opposed to 4%. The grade difference is still 5%.
Motion to approve the new grade and step plan for FY 2024.
Motion by: Ramsey Second by: Johnson Exhibit: 565-571
For: All (5) Against: None Abstaining:
78. Discuss Policies related to proposed FY 2024 Budget.
Presented by Sara Gray, Treasurer. The anniversary step changes would affect the policies. There was a proposed employee evaluation form attached. The idea of going away from Comp time was presented. Paid time off instead of sick and vacation was mentioned. Veronica Morales, Auditor joined the conversation. The increase and changes to the longevity were discussed. No action taken. Exhibit: 572-591
Call item 82
79. Receive presentation from Boon-Chapman.
Presented by Stacey Minton, Boon-Chapman. Midland County has a self-funded plan. Ms. Minton went over the summary on page 4 of the handout. Item 32 on page 4 for 2023-2022 was closer to a $1,000,000. Care Navigation program was discussed under section 2. This is offered at 100% benefit to the employee. Section 3 discussed the PCORI fee and the Administration fees. Midland County has a grandfathered health plan. Section 4 self-funded reinsurance (stop loss) proposals. Exhibit: 592
80. Discuss and take action on recommendations of health plan for Midland County Employee Benefit Plan.
Presented by Stacey Minton, Boon-Chapman.
Motion to renew with Tokio Marine and also option number 2 to increase the specific stop loss deductible to $250,000 for FY 2023-2024.
Motion by: Ramsey Second by: Sanchez Exhibit: 593-613
For: All (5) Against: None Abstaining:
Call item 8
81. Receive comments, discuss, and take action on requests from Department Heads and Elected Officials on Midland County Proposed Budget.
Exhibit: 614-615
Carolyn Graves, Elections Administrator – Due to legislative change requesting an additional $85,000.00 for the Election Department Fund. Need $1,850.00 in equipment and furnishings for batteries.
Motion that we approve $85,000.00 for the election worker fund under salary part time for the Elections office and then $1,850.00 for the batteries under item code 5315 equipment and furnishings for the Elections office.
Motion by: Sanchez Second by: Ramsey Exhibit:
For: All (5) Against: None Abstaining:
Ken Olson, Horseshoe Director. Requesting additional funds. $3000.00 for printing. $2200.00 to employee morale line item, $1500.00 to travel, $7,000.00 to staff phones for all 15 employees, $4,000.00 yearly to maintain the website. $30,000.00 for temporary staffing. $22,000.00 to replace tables, chairs and carts. Metting Matrix program would like to replace with new program for $10,100.00 yearly. $12,500.00 to replace trash cans with lids and rolling dollies. $320,000.00 to pave and restripe existing parking lot. Ruben Mata, Road and Bridge, Director of Administration, Kristy Hyatt, Purchasing Agent, Eddie Melendez, Facilities Director and Veronica Morales, Auditor joined the conversation. $2,321.26 for tablet for the Director. Vehicle for Director.
Debbie Garza, Library Director. Public Libraries 600 general fund. Line item 5320 periodicals need an additional $11,204.00. 5535 online services for Library IQ requesting an additional $10,500.00. Membership and Dues 5540 reduction of $250.00 due to court decision to no longer be associated with the American Library Association. 6200 Building maintenance $8,000.00 for panels for Children letters was moved to Facilities budget. Door replacement projects for Centennial Library for $32,400 Library at the Plaza $34,800.00. This is a safety issue. Eddie Melendez, Facilities Director joined the conversation. Kristy Engeldahl, Purchasing Agent joined the conversation. $14,600.00 for exterior doors.
Law Library budget general fund 256-810. Line item 5535 online services, decrease for Lexis Nexis requesting it to be put back in $10,725.00. Veronica Morales, Auditor joined the conversation.
Motion that we reduce monthly dues by $250.00. I also make a motion that on item 6200 building maintenance $8,000.00 that it transfer from facilities over to the library. Then the law library item 256 number 5535 online services the $10,725.00 for that amount to be included into that fund.
Motion by: Sanchez Second by: Ramsey Exhibit:
For: All (5) Against: None Abstaining:
Motion to replace all the doors. The door replacement project, $32,400.00 for the Downtown Library, the next one is the $34,800.00 for the Centennial Library and then $14,600.00 for the Downtown Library exterior doors.
Motion by: Ramsey Second by: Somers Exhibit:
For: Ramsey, Somers Against: Anderson Abstaining: Johnson, Sanchez
Ruben Mata, Road and Bridge Director of Administration Requesting a salary increase from a 15.1 to a 17.1. Sara Gray, Treasurer stated that in Mr. Mata’s original request of a 2-grade increase for all positions would be an additional $330,000.00. that would include 32 total CDL holding employees. Judge Johnson suggested a sign on bonus. County Attorney Russell Malm joined the conversation about sign on bonuses. There was a discussion about increasing the whole department.
5:01p.m. recess until 9a.m. tomorrow.
Tuesday, August 29, 2023, 9:04a.m. back into Regular Session.
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
Robert Segura, H.R. Director Asking to move Rose Orona to a HR manager with her grade and step going from a 19.6 to a 25.1. Would like to move Dora Ramirez, the event activities person from a non-exempt role to exempt. Sara Gray, Treasurer answered the Courts question about the exempt role and the requirements. Telephone line item needs to be an additional $1,440.00.
Motion that we move Dora Ramirez, from non-exempt to exempt with no salary change. The next one is to add the phone line for the mail room cell phone in the amount of $1,440.00.
Motion by: Sanchez Second by: Anderson Exhibit: 616-624
For: All (5) Against: None Abstaining:
Motion that we move Rose Orona from a 19.6 to a 25.1 and change her title to HR Manager.
Motion by: Sanchez Second by: Somers Exhibit: 616-624
For: All (5) Against: None Abstaining:
Javier Chacon, IT Director. Requesting an additional $7,730.00 for Elections Software. Would like to add a cybersecurity position to the office at a 26.1.
Motion to approve the software maintenance for the Elections office for Vote Tech in the amount of $7,730.00.
Motion by: Sanchez Second by: Anderson Exhibit:
For: All (5) Against: None Abstaining:
Motion to add a Cybersecurity Analyst at a 26.1.
Motion by: Ramsey Second by: Sanchez Exhibit:
For: All (5) Against: None Abstaining:
Laura Nodolf, District Attorney Would like line-item evidence obtainment to be raised back to the full amount requested of $60,000.00 from the $25,000.00 that was proposed. Vehicle fuel 6100 asked that the original amount requested at $19,440.00 from $12,000.00 that was proposed. Commissioner Sanchez stated that is why we have a fuel contingency line.
Motion to put the evidence obtain budget back to $60,000.00.
Motion by: Ramsey Second by: Sanchez Exhibit:
For: Ramsey, Somers Against: Johnson, Anderson Abstaining: Sanchez
Motion to put the vehicle fuel line back to $19,440.00.
Motion by: Ramsey Second by: Somers Exhibit:
For: Ramsey, Somers Against: Johnson Abstaining: Sanchez, Anderson
District Attorney continues. Requesting the Environmental unit and all pertaining items to be moved from the Commissioners Court budget to the District Attorneys budget. There is no statutory authority for this unit to be managed by a Commissioners Court. This creates a conflict of interest with abatements. Commissioner Ramsey stated that this needs to be back under the D.A.’s office. Commissioner Sanchez and the DA discussed handling citizen concerns. Commissioner Anderson asked Judge Johnson why he moved this Environment unit to the Commissioners Court and who would hold their commission. Judge Johnson expressed his reason and stated that he does not believe they are doing what they are tasked to do. Commissioner Anderson asked Ms. Nodolf why she is working so hard to keep the Environmental unit in her office. Commissioner Sanchez stated that there is no consistency to the reports they receive. County Attorney, Russell Malm and DA Environmental Investigator Tim Telck joined the conversation.
Motion that the Environmental Unit and all the line items be moved back to the D.A.’s Office.
Motion by: Ramsey Second by: Somers Exhibit:
For: Ramsey, Somers Against: Johnson Abstaining: Sanchez, Anderson
Pretrial Intervention fund.
Motion that we move $12,000.00 from the 5060 account in the D.A.’s office to the 5020 account in the D.A.’s office in the amount of $12,000.00 for pretrial intervention funds.
Motion by: Sanchez Second by: Ramsey Exhibit:
For: All (5) Against: None Abstaining:
10:20am. Take a 5 min break.
10:29am back into Regular Session.
Sheriff Criner Requesting Annie Tatum in the records department be moved from exempt to non-exempt. Robert Segura, H.R. Director, Sara Gray, Treasurer and Russell Malm, County Attorney joined the conversation. There was a discussion about exempt and non exempt employees.
Motion to move Annie Tatum, Records department from exempt to non-exempt. To be effective immediately.
Motion by: Ramsey Second by: Somers Exhibit:
For: All (5) Against: None Abstaining:
Sheriff Criner continued Records, Booking and Bonding staff. Move all the 11 to 14 and increase Annie Tatum to a 21.4. There are 3 open positions. Requesting Teresa Hemness, CIU be moved from a 12.2 to a 14.2. Administrative staff to be increased by 2 grades by getting rid of a parttime position and change them from secretaries to administrative assistance, going from a grade 11 to a grade 13.
Judge Johnson stated that over the past 4 years they have seen aggressive raises for the Sheriff’s Office. Commissioner Ramsey stated that he doesn’t like a grade 11 for anybody. Commissioner Sanchez asked the Treasurer how much it would cost to move the entire pay scale up one grade. Sara Gray, Treasurer reminded the court that she had previously recommended moving all employees at grades 11 through 19 be moved up one grade at an additional $1.2 million. Karen Hood, Tax Assessor Collector stated that they had done this in her office last year. The rest of the request is to help with retaining jailers and officers. Judge Johnson asked about exit interviews. There is a need for a stipend for jail
and patrol personnel for degrees and certificates held.
SB 22 – grant to be used to increase salaries for law enforcement. 3% increase. Laura Nodolf, District Attorney joined the conversation.
Exhibit: 625-648
Mary Hellen Bowers, Chief Deputy Tax Office. Requesting a new vehicle. The vehicle we have is not in good condition. 2013-year model 85,000 miles. Elle Bedoy Vector Fleet spoke about the current vehicle.
Allen Bell, CSCD Director Requesting $12,850.00 for adobe software.
Motion for adobe software pro in the amount of $6,425.00.
Motion by: Somers Second by: Ramsey Exhibit:
For: All (5) Against: None Abstaining:
Kristy Engeldahl, Purchasing Agent. 100-420 The Tahoe’s requested will need an additional $3,000.00. Russell Malm, County Attorney explained a letter of intent to the court. The DA’s line will need $6,000.00, and $6,000.00 for Patrol. Ken Colston, Risk Management needs 5 replacement vehicles for $495,000.00. Veronica Morales, Auditor joined the conversation.
Motion that we add $12,000 for the D.A. and Patrol for 4 Tahoe’s on the difference that is needed.
Motion by: Sanchez Second by: Anderson Exhibit:
For: All (5) Against: None Abstaining:
Motion that we put $495,000.00 into Risk Management for Patrol units.
Motion by: Ramsey Second by: Somers Exhibit:
For: All (5) Against: None Abstaining:
12:18pm Commissioner Somers left the meeting.
Ruben Mata, Road and Bridge asked about his request for the salary increase for his staff. Sara Gray, Treasurer stated that currently the salary $2,969,989.53 if we were to do a two-grade increase for all position and the foremen it would be $3,119,473.69. That includes payroll and burden. Judge Johnson recommended a sign on bonus.
Eddie Melendez, Facilities Director Requesting increase in salaries. Facility Maintenance Supervisor increase from a 23.2 to a 23.5, Administrative Assistant increase from a 13.2 to a 16.1, Fleet Contract Administrator from a 16.2 to a 16.4 and a new Fleet Contract Administrator starting at a 16.1. The building maintenance additional requests.
Courthouse brick and mortar repair $20,000.00, Courthouse rose garden trial overhaul $50,000.00, bollard wrap artist competition $10,000.00. The Horseshoe mountain of manure removal. Caliche pit $20,000.00. $50,000.00 additional for landscape maintenance for additional locations. Boydston pest control additional $11,100.00.
Motion on the building maintenance addition to 6200. Courthouse mortar/brick repair for $20,000.00, Courthouse rose garden trial overhaul for $50,000.00, Courthouse bollard wrap for 10 ($10,000.00), MC landscape maintenance for $50,000.00, Boydston pest control for $11,100.00, Horseshoe mountain of manure for $50,000 and caliche pit facility location $20,000.00.
Motion by: Ramsey Second by: Anderson Exhibit: 649-650
For: Ramsey, Johnson Against: None Abstaining: Sanchez, Anderson
Sara Gray, Treasurer provided some data about CPI increases over the past few years and the livable wage for Midland County, Texas is $18.82 an hour. If you add on child that increases $35.57.
82. Conduct Executive session pursuant to Texas Government Code Section 551.074 to discuss personnel matters.
3:01pm go into Executive Session
4:07pm back into Regular Session
Call item 72, 75 and 81.
83. Adjourn.
Motion to adjourn.
Motion by: Ramsey Second by: Sanchez Exhibit:
For: Ramsey, Johnson Against: None Abstaining: Sanchez, Anderson
Adjourn at 12:46p.m.
A Meeting of the Midland County Commissioners Court will be held on Monday, September 11, 2023 on or after 9:00a.m., in the Commissioners Courtroom, located at the Midland County Courthouse, 500 North Loraine Street, Midland, Texas.
https://www.co.midland.tx.us/AgendaCenter/ViewFile/Minutes/_08282023-403