Midland County Commissioners Court met April 2.
Here are the minutes provided by the court:
Be it remembered that on Tuesday the 2nd day of April 2, 2024, 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; - 2:05 p.m. left the meeting.
Scott Ramsey, County Commissioner Precinct No. 1;
Jeff Somers, County Commissioner Precinct No. 2;
Luis D. Sanchez, County Commissioner Precinct No. 3; - 2:05 p.m. became Acting Judge
Dianne Anderson, County Commissioner Precinct No. 4
Recorded by Alison Haley, County Clerk.
1. Call to Order.
2. Invocation given by Pastor Matt Kochler of Greenwood Baptist Church. 3. Pledges of Allegiances.
4. Receive presentation from Cameron Walker with MPO.
Presented by Cameron Walker, Executive Director, Permian Basin Metropolitan Planning Organization. There was a discussion about 5 points. No action taken. Exhibit: 13-30
5. Acknowledge Monthly Collections Report/Status Update for JP 1.
Presented by Judge Edelmira Subia, Justice of the Peace Precinct 1. Motion to acknowledge the February monthly Collections Report for Precinct 1.
Motion by: Ramsey Second by: Sanchez Exhibit: 31-60
For: All (5) Against: None Abstaining:
6. Discuss and take action on locked door at LEB.
County Judge Terry Johnson stated that he believes the door situation has been remedied. Judge Edelmira Subia, Justice of the Peace Precinct 1 and Judge Susan Rayos, Justice of the Peace Precinct 3 addressed the court. They would like to have the door removed. Eddie Melendez, Facilities Director discussed removing the door. County Attorney Russell Malm and Assistant County Attorney Kimberly Toulet joined the conversation. No action taken. Exhibit: 61
7. Discuss and take action on fire alarm at the LEB.
Presented by Justin Bunch, Fire Marshall. Eddie Melendez, Facilities Director joined the conversation. Commissioner Ramsey stated that he would like to table this item until we have more information. Tabled. Exhibit: 62-65
Call item 16.
8. Discuss and take action on Memorandum of Understanding with Texas Statewide Interoperability Channel Plan.
Presented by Sheriff Criner. Russell Malm, County Attorney suggested running it by the IT department. Tabled for some more information. Sheriff Criner addressed the court again.
Motion authorizing the execution of the MOU with the Texas Statewide Interoperability Channel Plan.
Motion by: Ramsey Second by: Sanchez Exhibit: 66-122
For: All (5) Against: None Abstaining:
9. Discuss and take action on Care Coordination Agreement with PermiaCare and Sheriff’s Office.
Presented by Sheriff Criner. Annual agreement.
Motion to authorize the execution of the Care Coordination Agreement between PermiaCare and the Midland County Sheriff’s Office.
Motion by: Ramsey Second by: Somers Exhibit: 123-126
For: All (5) Against: None Abstaining:
10. Discuss and take action on donation in the amount of $500.00 from Midland Polo Club for Mounted Patrol.
Presented by Sheriff Criner.
Motion to acknowledge the donation in the amount of $500.00 from the Midland Polo Club for Mounted Patrol.
Motion by: Somers Second by: Ramsey Exhibit: 127-130
For: All (5) Against: None Abstaining:
11. Discuss and take action on court minutes from March 19, 2024. Presented by Alison Haley, County Clerk.
Motion to approve the court minutes from March 19, 2024.
Motion by: Sanchez Second by: Anderson Exhibit: 131
For: All (5) Against: None Abstaining:
12. Discuss and take action on personnel memoranda.
Presented by Sara Gray, Treasurer. Pointed out that Vuong Hoang started working on 3/25/2024.
Moton to acknowledge the payroll change summary.
Motion by: Ramsey Second by: Somers Exhibit: 132-133
For: All (5) Against: None Abstaining:
13. Discuss and take action on line item transfers.
Presented by Veronica Morales, Auditor. There were a few exceptions. Motion to approve all line-item transfers.
Motion by: Somers Second by: Ramsey Exhibit: 134-150
For: All (5) Against: None Abstaining:
14. Discuss and take action on bills and wire transfers.
Presented by Veronica Morales, Auditor. There were a few exceptions. Motion to pay all bills.
Motion by: Ramsey Second by: Somers Exhibit: 151-160
For: All (5) Against: None Abstaining:
Recalled item 8.
15. Acknowledge Financial Statements for February 2024.
Presented by Veronica Morales, Auditor.
Motion to acknowledge the Financial Statements for February 2024.
Motion by: Somers Second by: Ramsey Exhibit: 161-171
For: All (5) Against: None Abstaining:
16. Discuss and take action on out-of-state travel for E’Lois Strong, JoAnn Gonzalez, Ibefel Franco, Heather Henderson, and Nancy Berdoza to attend the NACM Annual Conference in New Orleans, LA, July 21-25, 2024.
Presented by Judge David Lindemood, 318th District Court.
Motion that we approve the out-of-state travel for E’Lois Strong, JoAnn Gonzalez, Ibefel Franco, Heather Henderson, and Nancy Berdoza to attend the NACM Annual Conference in New Orleans, LA, July 21-25, 2024.
Motion by: Anderson Second by: Sanchez Exhibit: 172-185
For: All (5) Against: None Abstaining:
Call item 8
17. Discuss and take action on additional funds for VEMACS surcharge for Elections Office.
Presented by Rosa Olgin, Elections Administrator. This is a surcharge of $14,856.88. Commissioner Anderson stated that she does not believe we should pay this request for additional funds. Russell Malm, County Attorney joined the conversation. There is a large election coming up in November. Unfortunately, there is not an alternative. Tabled for more information. No action taken. Exhibit: 186-189
18. Discuss and take action on additional funds for Expert Testimony Line for District Attorney’s Office.
Presented by Jana Anderson, District Attorney Administrator. Requesting $35,000.00.
Motion that we add $35,000.00 additional funds for Expert Testimony Line for District Attorney’s Office, and the money coming out of contingency.
Motion by: Sanchez Second by: Ramsey Exhibit: 190-192
For: All (5) Against: None Abstaining:
19. Discuss and take action on use of Horseshoe for 4-H on April 6, 13, May 11 & 25, 2024.
Presented by Steven Paz, CEA -4-H Youth Development. They would like to change the date from April 6 to April 27. Russell Malm, County Attorney joined the conversation.
Motion that we approve the Horseshoe for 4-H on April 13, May 11, May 25, 2024.
Motion by: Sanchez Second by: Anderson Exhibit: 193
For: All (5) Against: None Abstaining:
20. Acknowledge Better Living for Texans Agent and Annual Report.
Presented by Abigail Pritchard, CEA -Family and Community Health. Ms. Pritchard Introduced Yureima Ramirez, CEA- Better Living for Texans. Brady Evans, CEA – Agriculture and Natural Resources, Laura Robinett 4-H Youth Program Assistant and Krista Chin, CEA – Health addressed the court.
Motion to acknowledge the Better Living for Texans Agent and Annual Report.
Motion by: Sanchez Second by: Anderson Exhibit: 194-196
For: All (5) Against: None Abstaining:
21. Discuss and take action on National Library Week Proclamation. Presented by Ann Rector, Assistant Library Director.
Motion proclaiming April 7 – 13, 2024 as National Library Week.
Motion by: Ramsey Second by: Sanchez Exhibit: 197-198
For: All (5) Against: None Abstaining:
22. Discuss and take action declaring wheelchairs as a public purpose for Centennial and Library at the Plaza.
Presented by Ann Rector, Assistant Library Director. They would like to purchase 2 wheelchairs, one for each location. This is budgeted.
Motion that we approve declaring wheelchairs as a public purpose for Centennial Library and Library at the Plaza.
Motion by: Sanchez Second by: Anderson Exhibit: 199-200
For: All (5) Against: None Abstaining:
23. Discuss and take action on temporary increase of pay and duties for HR staff.
Presented by MK Lang, H.R. Director. Commissioner Sanchez pointed out that this is in the middle of the budget year. He would like to see job descriptions before voting for this. No action taken. Exhibit: 201-206
24. Discuss and take action on Public Works Regulations Manager.
Presented by Ken Colston, Risk Manager. They would like to remove Jessica from the bond and appoint Joseph as the Public Works Regulations Manager.
Move we replace Jessica Buchanan with Joseph Thomason as Public Works Regulations Manager.
Motion by: Anderson Second by: Sanchez Exhibit: 207-208
For: All (5) Against: None Abstaining:
25. Discuss and take action on bond for Public Works Regulations Manager. Presented by Ken Colston.
Move we pay the bond for Public Works Regulations Manager, Joseph Thomason.
Motion by: Anderson Second by: Ramsey Exhibit: 209-215
For: All (5) Against: None Abstaining:
26. Discuss and take action on purchase of Metal Detectors and X-Ray Machines for the Courthouse.
Presented by Ken Colston, Risk Manager. Need to replace one metal detector and one X-ray machine after the incident in January. The ones we are suggesting are a vast improvement on what we already have. County Judge Johnson stated that he would like to purchase three sets so that everything is up to date. Total amount is $135,310.52. Risk Management can fund $63,699.84. This includes the 5-year extended warranty. The vendor is not on a co-op.
Motion that we approve the purchase of Metal Detectors and X-Ray Machines for the Courthouse under section 262.024 paragraph 3 an item necessary because of unforeseen damage to public property. $63,699.00 comes out of insurance and $72,000.00 would come out of contingency.
Motion by: Sanchez Second by: Anderson Exhibit: 216-237
For: All (5) Against: None Abstaining:
27. Discuss and take action adding vehicle maintenance procedures to Midland County Policy.
Presented by Eddie Melendez, Facilities Director, and Daymaris Gonzalez, Fleet Contract Administrator. Kristy Engeldahl, Purchasing Agent addressed the access to fuel cards. Commissioner Anderson stated that we should call them out in Commissioners Court. Sara Gray, Treasurer discussed the policy that already exists. Russell Malm, County Attorney joined the conversation. Jerry Deady, Vector Fleet Management stated that 95% of the County vehicles are overdue for maintenance.
Motion we add vehicle maintenance procedures to Midland County Policy, adding item 6 to the vehicle maintenance procedures to Midland County Policy. Under use of tools, equipment, property and vehicles 11.04A, adding item #6, repair to all county vehicles must be made in accordance with purchasing policy by fleet management or other approved vendor.
Motion by: Anderson Second by: Sanchez Exhibit: 238-242
For: All (5) Against: None Abstaining:
Recalled
Motion that we approve the addition to Midland County Personnel Policy-vehicle maintenance 11.04A item #6 to add:
A. All employees assigned a vehicle are responsible for its proper upkeep and maintenance, including regular vehicle inspections to check fluid levels, tire pressure, and overall vehicle condition. Any concerns regarding the vehicle’s performance or condition must be promptly reported to the appropriate Department Head/Elected Official or fleet management personnel.
B. Vehicle accidents are to be reported to the appropriate Department Head/Elected Official, Risk Management and Fleet Management. And
C. Compliance with this policy and adherence to the established guidelines for vehicle maintenance is mandatory for all employees. Refusal to comply will be subject to Commissioners Court action.
Motion by: Anderson Second by: Sanchez Exhibit: 238-242
For: All (5) Against: None Abstaining:
Call item 35
28. Discuss and take action on Horseshoe discounted use policies.
Presented by Ken Olson, Horseshoe Director. Commissioner Ramsey questioned some of the events that are on the list. There was a discussion about if we do offer it for free, we need to keep track of what would have been charged. Commissioner Anderson discussed the cleaning services. If we give an organization the space for free that organization should be responsible for cleaning up after themselves or paying the fee. No action taken. Exhibit: 243-246
29. Discuss and take action on Horseshoe event security.
Presented by Ken Olson, Horseshoe Director. Justin Bunch, Emergency Management Coordinator joined the conversation.
Motion that we approve giving the responsibility sheet directly to (whoever is hired as either a peace officer or an unarmed security guard on the expectation of patrolling events at the Horseshoe) the renter and then they will pass it along to the guards.
Motion by: Sanchez Second by: Somers Exhibit: 247-253
For: All (5) Against: None Abstaining:
30. Discuss and take action on updated Horseshoe pricing and policies. Presented by Ken Olson, Horseshoe Director.
Motion that we approve the updated Horseshoe pricing and policies.
Motion by: Sanchez Second by: Anderson Exhibit: 254-255
For: All (5) Against: None Abstaining:
31. Discuss and take action on Culligan R/O Agreement.
Presented by Kristy Engeldahl, Purchasing Agent. The lease amount will be $101.98 per month with an installation fee of $710.62.
Motion approving the Culligan R/O Agreement for the 11th floor.
Motion by: Ramsey Second by: Somers Exhibit: 256-263
For: All (5) Against: None Abstaining:
32. Discuss and take action on purchase of Ford Expedition for Sheriff’s Office – CIU.
Presented by Kristy Engeldahl, Purchasing Agent, and Yolanda Suggs, CIU Director. This is a budgeted item. $1,856.00 short. Purchasing has some funds in the vehicle line item that can be used.
Motion that we approve the Ford Expedition for the Sheriff’s Office – CIU.
Motion by: Sanchez Second by: Anderson Exhibit: 264-266
For: All (5) Against: None Abstaining:
33. Discuss and take action on RFP for Janitorial Services at Horseshoe. Presented by Kristy Engeldahl.
Motion to go out for RFP for Janitorial Services at Horseshoe.
Motion by: Ramsey Second by: Somers Exhibit: 267
For: All (5) Against: None Abstaining:
34. Discuss and take action on RFP for Golf Course Feasibility Study.
Presented by Kristy Engeldahl, Purchasing Agent. Commissioner Anderson asked about the water analysis. Commissioner Somers doesn’t believe that will be an issue. Ms. Engeldahl asked for some direction from the court with the questions in the proposed RFP. Commissioner Ramsey stated that he would like examples of past work. Andrew Avis, Public Works Director joined the conversation.
Motion to release the RFP for Golf Course Feasibility Study.
Motion by: Somers Second by: Ramsey Exhibit: 268-283
For: All (5) Against: None Abstaining:
12:03 p.m. Break for lunch and back at 1:15 p.m.
1:20 p.m. back into Regular Session.
Recall item 27
35. Discuss and take action on resolution transferring previously purchased land to TXDoT for transportation project.
Presented by Andrew Avis, Public Works Director. Tabled.
36. Discuss and take action on change order with Henthorn Commercial Contractors for building permit fees.
Presented by Andrew Avis, Public Works Director.
Motion to authorize the County Judge to sign change order for building permit fees.
Motion by: Somers Second by: Ramsey Exhibit: 284
For: All (5) Against: None Abstaining:
37. Discuss and take action on change order with MW Builders.
Presented by Andrew Avis, Public Works Director.
Motion to approve the change order for MW Builders for finalizing the contract on the 11th floor build out.
Motion by: Ramsey Second by: Somers Exhibit: 285-291
For: All (5) Against: None Abstaining:
38. Discuss and take action on deed agreement and payment to Quail Ranch LLC.
Presented by Andrew Avis, Public Works Director. There is not a signature required. This is authorizing us to make the payment to Quail Ranch LLC.
Motion to approve payment to Quail Ranch LLC. in the amount of $37,500.00.
Motion by: Somers Second by: Sanchez Exhibit: 292-308
For: All (5) Against: None Abstaining:
39. Discuss and take action on Task Order MAG2024-003 for Schematic level review. Presented by Andrew Avis, Public Works Director.
Motion authorizing execution of Task Order MAG2024-003 for Schematic level review only.
Motion by: Ramsey Second by: Somers Exhibit: 309-317
For: All (5) Against: None Abstaining:
40. Receive Public Works Department Update.
Presented by Andrew Avis, Public Works Director. List of current projects and project ideas. No action taken.
Exhibit: 318-320
41. 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. Herne Fabrication on Commerce Drive.
2. J&A Custom Homes on SCR 1059.
3. Petroplex Energy, Inc. on NCR 1140.
4. BCCK Engineering on NCR 1150.
Request for designation of location for crossing of a Midland County Texas road:
1. Oncor Electric Delivery on WCR 73.
2. Targa Pipeline Mid-Continent WestTex LLC on WCR 310.
3. Targa Pipeline Mid-Continent WestTex LLC on WCR 320.
4. Oncor Electric Delivery on CR 130.
5. Oncor Electric Delivery on CR 130.
6. Oncor Electric Delivery on ECR 130
7. Atmos Energy on NCR 1135.
8. Pioneer Natural Resources c/o Gesch Contracting on SCR 1110.
Motion that we approve all.
Motion by: Sanchez Second by: Anderson Exhibit: 321-379
For: All (5) Against: None Abstaining:
Call item 45.
42. Discuss and take action on proclamation for National Counties Month. Commissioner Sanchez read the proclamation for National Counties Month. Move that we accept the proclamation for National Counties Month.
Motion by: Anderson Second by: Ramsey Exhibit: 380-381
For: Ramsey, Somers Against: None Abstaining: Sanchez, Anderson
43. Acknowledge final pricing of Certificates of Obligation, Series 2024.
Presented by Veronica Morales, Auditor. Due to our great standing, we were able to obtain $170 million with a debt of $155,715,000.00. Sara Gray, Treasurer answered the court’s questions about interest rates.
Motion to acknowledge final pricing of the Certificates of Obligation, Series 2024.
Motion by: Somers Second by: Ramsey Exhibit: 382-403
For: Ramsey, Somers Against: None Abstaining: Sanchez, Anderson
44. Discuss and take action on budget amendment to use funds for Jail construction.
Presented by Andrew Avis, Public Works Director.
Motion of a budget amendment for the $170 million funds for the jail construction.
Motion by: Ramsey Second by: Somers Exhibit: 382-403
For: Ramsey, Somers Against: None Abstaining: Sanchez, Anderson
45. Discuss and take action supporting City of Midland by matching funds for 12 Most Traveled Corridors Project.
Commissioner Anderson wants to know how the County is going to clean up the corridors coming into the City. Commissioner Sanchez stated that he gets a lot of calls about 158 and that he has been working with the Road and Bridge department to get a clean-up crew for 158. Commissioner Somers stated that they should hire outside contractors to clean up some of the roads. Commissioner Anderson discussed using working inmates. Kristy Engeldahl, Purchasing Agent joined the conversation. County Judge stated that they could address this issue with the upcoming budget. No action taken. Exhibit: 404-427
2:05 p.m. County Judge Johnson left the meeting.
Call item 42
46. Discuss and take action on Interlocal Agreement with City of Midland for Animal Services.
Presented by Commissioner Anderson and County Attorney Russell Malm. Commissioner Anderson presented a very rough draft of an MOU with the City of Midland for Animal Services. The County would be able to use the shelter and store the medication. The City would like the County to give $20,000.00 annually.
Motion that we proceed with the Animal Services Interlocal Agreement between the County and the City and adding that the County will pay the City $20,000.00 annually, which the parties agree is the value of the services provided by City to County. With the funds to come from contingency.
Motion by: Anderson Second by: Ramsey Exhibit: 428-434
For: Ramsey, Somers Against: None Abstaining: Sanchez, Anderson
47. Discuss and take action on appointment of Rabies Control Authority.
Presented by Russell Malm, County Attorney. In research the last person appointed was the Constable of Precinct 2, however the current constable was unaware of. Tabled for more information. Exhibit: 435-444
48. Adjourn.
Motion to adjourn.
Motion by: Ramsey Second by: Somers Exhibit:
For: Ramsey, Somers Against: None Abstaining: Sanchez, Anderson
Adjourn at 2:23 p.m.
https://www.co.midland.tx.us/AgendaCenter/ViewFile/Minutes/_04022024-426