Midland County Commissioners Court met May 7.
Here are the minutes provided by the court:
Be it remembered that on Tuesday the 7th day of May 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
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 Ana Almuina, Chief Deputy County Clerk.
1. Call to Order
2. Invocation given by Pastor Bala Anthony Govindu from St Stephens Catholic Church.
3. Pledges of Allegiances.
4. Receive presentation from Lisa Bownds with Reflection Ministries.
Presented by Lisa Bownds, Reflection Ministries. Reflections Ministries opened in 2016. Exhibit: 16-18
5. Acknowledge April’s I.M.P.A.C.T.S. of the Month Honoree, Whitney Hyde, with the Library.
Presented by Dora Ramirez, Employee Activities Coordinator.
Motion to acknowledge the April’s I.M.P.A.C.T.S. of the Month Honoree, Whitney Hyde, with the library.
Motion by: Sanchez Seconded by: Anderson Exhibit: 19-20
For: All (5) Against: None Abstaining
6. Receive update on Golf Course.
Presented by Commissioner Somers and Fore Brown, Golf Course Superintendent at Midland Country Club. Mr. Brown advised the Court to do a feasibility study, a water study, and engage with a golf course architect to develop a site plan. Stated a new golf course could run $10 to $12 million. They discussed the amount of water needed.
7. Discuss court procedures.
Presented by County Judge Johnson and Jenny Hilton, County Court Administrator. Judge Johnson suggested that if someone does not understand something an item can be tabled. Ms. Hilton explained any item on the the consent agenda can be pulled and discussed.
8. Consent Agenda - All Items listed on the Consent Agenda are considered routine and not requiring separate discussion or vote and may be considered on a single motion; however, at the request of any Court Member, any item may be removed from the Consent Agenda and discussed and voted on separately:
a. Acknowledge Personnel Memoranda.
b. 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.
c. Acknowledge Quarterly Report for JP 2 & JP 4.
d. Take action on the Reappointment of Andy Armstrong to the Midland County Housing Authority for one year term.
e. Take action on agreement and payment of Annual contribution of $50,000.00 to Chamber of Commerce for the Star-Spangled Salute Event for July 4th community celebration.
f. Acknowledge Update on Extensions Office including transition of Brady Evans as County Coordinator.
g. Take action on out-of-state travel for Justin Stephenson to attend Tyler Connect in Indianapolis, IN on May 19-24, 2024.
h. Take action on out-of-state travel for Ricardo Picaso and Fernin Casas to attend NAPSA 2024 Annual Conference in New Orleans, LA, September 8-11, 2024.
i. Acknowledge Sheriff’s Monthly Report.
j. Acknowledge Detention fees.
k. Acknowledge C&W Collection Reports.
l. Acknowledge Horseshoe Report.
m. Acknowledge rebate check from TexBuy Cooperative Purchasing.
n. Take action on court minutes from April 16, 2024.
o. Take action on cash donation of $4.00 for County Clerk’s Office.
Presented by County Judge Johnson. Commissioner Sanchez pulled item L, acknowledged Horseshoe report. Ken Olson, Horseshoe Director answered Commissioner Sanchez’s question about the outstanding balances.
Motion to approve all items on the consent agenda.
Motion by: Ramsey Seconded by: Somers Exhibit: 21-94
For: All (5) Against: None Abstaining
Call item 54 and 55.
9. Discuss and take action on resolution for Multiple Use Agreement with Texas Department of Transportation for ALPR system.
Presented by Sheriff Criner.
Motion to sign the resolution for the Multiple Use Agreement between the Texas Department of Transportation and Midland County in reference to the ALPR system.
Motion by: Ramsey Seconded by: Somers Exhibit: 95-96
For: All (5) Against: None Abstaining
10. Discuss and take action on Department of Defense Law Enforcement Support Office Application.
Presented by Sheriff Criner.
Motion to accept that the County Judge and the Sheriff sign the Department of Defense Law Enforcement Support Office application.
Motion by: Somers Seconded by: Ramsey Exhibit: 97-113
For: All (5) Against: None Abstaining
11. Discuss and take action on additional funds for the following:
a. Overtime Salary line for CID.
b. Overtime Salary line for Courthouse Security.
c. Non-Contract Vehicle Maintenance for CID.
d. Non-Contract Vehicle Maintenance for Patrol.
Presented by Sheriff Criner. Commissioner Sanchez asks where the money is coming from on the overtime. Sheriff Criner relays contingency. Veronica Morales, Auditor joins the conversation.
Motion that we approve, item a. Overtime Salary line for CID money coming out of salary contingency. Item b. Overtime Salary line for Courthouse Security coming out of salary contingency. Item c. Non-Contract Vehicle Maintenance for CID to come out of regular contingency and also approving d. Non-Contract Vehicle Maintenance for Patrol to come out of regular contingency.
Motion by: Sanchez Seconded by: Anderson Exhibit: 114-144
For: All (5) Against: None Abstaining
12. Discuss and take action on budget amendment of SB 22 funds for Sheriff’s Office.
Presented by Sheriff Criner. Veronica Morales, Auditor mentioned that the backup is missing 2 line items.
Motion to accept the budget amendment for Senate Bill 22 grant award.
Motion by: Ramsey Seconded by: Somers Exhibit: 145-146
For: All (5) Against: None Abstaining
13. Discuss and take action on use of Horseshoe for the following:
a. Halloween Event for Sheriff’s Office.
b. Christmas Event for Sheriff's Office.
c. State Steer validation for Extension’s Office.
Presented by Sheriff Criner. Ken Olson, Horseshoe Director relays that the Halloween event is on Saturday. Mr. Olson wasn’t sure how the Court felt about a free event happening on a weekend.
Motion to approve the use of the Horseshoe for the following: a. Halloween event for Sheriff’s Office, b. Christmas event for Sheriff’s Office, and c. State Steer validation for Extensions Office.
Motion by: Ramsey Seconded by: Somers Exhibit: 147-151
For: All (5) Against: None Abstaining
14. Discuss and take action online item transfers.
Presented by Veronica Morales, Auditor. There were a few exceptions.
Motion to approve all line-item transfers.
Motion by: Somers Seconded by: Ramsey Exhibit: 152-180
For: All (5) Against: None Abstaining
15. Discuss and take action on bills and wire transfers.
Presented by Veronica Morales, Auditor. There were a few exceptions. There was one additional bill for Teen Challenge Adult Centers of Texas. We do not have a contract with them. $456.00 and $288.00.
Motion to approve all bills and wire transfers.
Motion by: Somers Seconded by: Ramsey Exhibit: 181-191
For: All (5) Against: None Abstaining
16. Discuss and take action on purchase of fertilizer from M3 Landscape Maintenance & Irrigation.
Presented by David Sapp, Cemetery Director. This is a budgeted item.
Motion to approve the purchase of fertilizer from M3 Landscape Maintenance & Irrigation.
Motion by: Sanchez Seconded by: Anderson Exhibit: 192-193
For: All (5) Against: None Abstaining
17. Receive update on clean-up of SH 158.
Presented by Shaun Taylor, Road and Bridge Foreman and Commissioner Sanchez. Mr. Taylor thanked Judge Rainey for providing clients with community service hours helping them. They began cleaning on April 8 They were cleaning the right of way every Thursday. They clean about a mile and a half to two miles every Thursday. There was some discussion about hiring people to do some cleanup. Exhibit: 194-201
18. Discuss and take action on Unite Private Networks Internet Circuit. TABLED
19. Discuss and take action on Unite Private Networks amendment. TABLED
20. Discuss and take action on purchase of fiber channel modules for Annex fiber channel switches.
Presented by Justin Stephenson, IT.
Motion to purchase the fiber channel modules for Annex fiber channel switches.
Motion by: Ramsey Seconded by: Somers Exhibit: 202-203
For: All (5) Against: None Abstaining
21. Discuss and take action on Texas DIR-CPO-4699 Customer Addendum for Environmental Systems Research Institute (ESRI).
Presented by Justin Stephenson, IT. It’s the updated contract we purchase every year.
Motion to sign the Texas DIR-CPO-4699 Customer Addendum for Environmental Systems Research Institute.
Motion by: Ramsey Seconded by: Somers Exhibit: 204-210
For: All (5) Against: None Abstaining
22. Discuss and take action on RFP for Moving services.
Presented by Kristy Engeldahl, Purchasing Agent. We would like to have a contractor on board rather than utilizing Facilities all the time.
Motion that we approve the RFP for moving services.
Motion by: Sanchez Seconded by: Anderson Exhibit: 211-214
For: All (5) Against: None Abstaining
23. Discuss and take action on RFP for Water Line to New County Jail Site.
Presented by Kristy Engeldahl, Purchasing Agent. According to Public Works, we need to hire a contractor to bring water from the city point out to the new county jail site.
Motion to approve the RFP for water line to new County jail site.
Motion by: Sanchez Seconded by: Anderson Exhibit: 215
For: All (5) Against: None Abstaining
24. Discuss and take action on Update of RFP for Employee Health Benefits.
Presented by Kristy Engeldahl, Purchasing Agent. They have been working with Holmes Murphy to develop the scope of the RFP.
Move we approve the RFP for Employee Health Benefits.
Motion by: Anderson Seconded by: Somers Exhibit: 216-217
For: All (5) Against: None Abstaining
25. Discuss and take action on award for RFQ 24MCO623 Juvenile Medical Services. TABLED
26. Discuss and take action on award for RFP24MCO624 Horseshoe Parking Lots.
Presented by Kristy Engeldahl, Purchasing Agent. Received 4 responses. After evaluation we recommend awarding this contract to Danny’s Paving in a total amount of $175,054.19.
Move we approve the RFP24MCO624 Horseshoe Parking Lots.
Motion by: Anderson Seconded by: Sanchez Exhibit: 218-220
For: All (5) Against: None Abstaining
27. Discuss and take action on award for RFP 24MCO625 Save Coat Maintenance Project 2024.
Presented by Kristy Engeldahl, Purchasing Agent. Received 4 responses. After evaluation, we recommend awarding this project to Danny’s Paving in the amount of $9,278,438.98.
Motion that we approve the award for RFP 24MCO625 Save Coat Maintenance Project for 2024.
Motion by: Sanchez Seconded by: Somers Exhibit: 221-223
For: All (5) Against: None Abstaining
28. Discuss and take action on award for RFP 24MCO626 Golf Course Feasibility Study.
Presented by Kristy Engeldahl, Purchasing Agent. Received 5 responses. Everybody seems to be qualified, there are a lot of different cost variations. Russell Malm, County Attorney joined the conversation. They are recommending THK Associates, they invoice monthly, they are second highest, but they gave a project fee, a schedule and they have the most experience.
Motion to award the Golf Course Feasibility Study, to THK Associates Inc., out of Aurora Colorado, $27400.00 from contingency.
Motion by: Somers Seconded by: Ramsey Exhibit: 224-227
For: All (5) Against: None Abstaining
29. Discuss and take action on Ricoh Lease Agreements for Copiers.
Presented by Kristy Engeldahl, Purchasing Agent.
Motion that we approve the lease agreement for copiers.
Motion by: Sanchez Seconded by: Ramsey Exhibit: 228-295
For: All (5) Against: None Abstaining
30. Discuss and take action declaring surplus items as salvage.
Presented by Kristy Engeldahl, Purchasing Agent.
Kristy relays we just finished auction at midnight today, there are 2 separate items that did not get bids, and our furniture, that was not sold, we would like the court to declare as salvage. There are other items that can be recycled for metal.
Motion that we declare all the surplus items as salvage.
Motion by: Sanchez Seconded by: Somers Exhibit: 296-306
For: All (5) Against: None Abstaining
31. Discuss and take action on auction of surplus equipment and furnishings.
Kristy Engeldahl, Purchasing Agent presented a list of all the things we want to auction now.
Motion that we auction surplus equipment and furnishings.
Motion by: Sanchez Seconded by: Anderson Exhibit: 307-309
For: All (5) Against: None Abstaining
32. Discuss and take action on War Dog Concealment as an approved vendor.
Presented by Kristy Engeldahl, Purchasing Agent. Mr. Chet Thatcher is a County employe that would like to become a vendor. He makes and sells badge carriers, ammunition and weapon holsters. Russell Malm, County Attorney stated that it is legal.
Motion to approve War Dog Concealment as an approved vendor.
Motion by: Somers Seconded by:Ramsey Exhibit: 310-318
For: All (5) Against: None Abstaining
33. Discuss and take action on the following for Facilities:
a. Change Order for new LEB for Electric Locks.
b. Replacing compressor on chiller at Detention Center.
c. Site drawings for Road & Bridge.
d. Replacing boiler parts at the Horseshoe.
e. Extracting condenser coil and replace at Detention Center.
Presented by Eddie Melendez, Facilities Director.
Motion to approve the following for Facilities: a, b, c, d, and e.
Motion by: Sanchez Seconded by: Anderson Exhibit: 319-329
For: All (5) Against: None Abstaining
34. Discuss and take action on Non-Horseshoe Department items at Horseshoe.
Presented by Ken Olson, Horseshoe Director. There are a few items behind the Horseshoe, such as the S/O Mounted Patrol has a shipping container, the County Fair has a small shipping container and there are also other items. Ken asks the court if they would like him to continue to have those items back there. If we know who owns the item, they do not seem to have an issue with it.
Motion that we allow Ken to decide on the non-Horseshoe Department items at the Horseshoe.
Motion by: Sanchez Seconded by: Anderson Exhibit: 330
For: All (5) Against: None Abstaining
35. Discuss and take action on Horseshoe Packages.
Presented by Ken Olson, Horseshoe Director. Some companies have reached out for meeting space. They would like to be able to write one check for the whole package. Commissioner Ramsey and Sanchez expressed a need for something like this.
Motion to approve creating meeting room packages for the Horseshoe.
Motion by: Ramsey Seconded by: Sanchez Exhibit: 331
For: All (5) Against: None Abstaining
36. Discuss Horseshoe Concessions.
Presented by Ken Olson, Horseshoe Director. This was a discussion only. Commissioner Ramsey stated that we need this for the public. Sara Grey, Treasurer joined the conversation. They have installed 7 vending machines. Exhibit: 332-335
37. Discuss and take action on additional funds for fence at Horseshoe.
Presented by Ken Olson, Horseshoe Director. People come in after hours, over the weekend that dump their RV waste. The idea was brought up to get security on those pads. The cheapest quote was from Premier Fencing for $10,616.00.
Motion to approve the additional funds for fence at the Horseshoe in the amount of $11,000.00, coming out of contingency.
Motion by: Sanchez Seconded by: Anderson Exhibit: 336-341
For: All (5) Against: None Abstaining
10.33 a.m. take a break.
10:42 a.m. back into Regular Session
38. Discuss and take action on Task Order for New Jail Construction Material Testing and Inspection.
Presented by Andrew Avis, Public Works Director. We have engaged Magrym for 2 separate scopes of work for the new jail construction.
Motion to execute the task work order MAG 2024-005 for the new jail material testing and inspection.
Motion by: Ramsey Seconded by: Sanchez Exhibit: 342-354
For: All (5) Against: None Abstaining
Call item 44
39. Discuss and take action on resolution with TxDOT for traffic signals/signs at CR 1232 and CR120.
Presented by County Judge Johnson.
Authorize the Judge to execute the resolution with TxDOT agreement concerning the DRAFT AFA with TxDOT associate with the intersection signal at CR 1232 and CR 120.
Motion by: Ramsey Seconded by: Sanchez Exhibit: 355-379
For: All (5) Against: None Abstaining
40. Discuss and take action on Task Work Order PRK2024-004 for platting Ft Worth Facilities Warehouse.
Presented by Commissioner Sanchez.
Motion that we approve the Task Word Order PRK2024-004 for platting Ft Worth facilities warehouse.
Motion by: Sanchez Seconded by: Anderson Exhibit: 380-383
For: All (5) Against: None Abstaining
41. Discuss and take action on Right of Way from City of Odessa for CR 171 and CR 1325.
Presented by Commissioner Ramsey.
Motion to accept the dedication of right-of-way from City of Odessa to Midland County for WCR 171 and SCR 1325.
Motion by: Ramsey Seconded by: Sanchez Exhibit: 384-399
For: All (5) Against: None Abstaining
42. Discuss and take action on Change Order with Danny’s Asphalt for power pole relocation on CR 130 project.
Presented by Jesse Ferguson, Public Works Capital Projects Manager.
Motion to approve change order with Danny’s Asphalt for power pole relocation on CR 130 project.
Motion by: Sanchez Seconded by: Anderson Exhibit: 400-401
For: All (5) Against: None Abstaining
43. Discuss and take action on Work Authorization with Dunaway for design of pavement and drainage improvements on CR 1110 between FM 307 and CR 120.
Presented by Jesse Ferguson, Public Works Capital Projects Manager.
Motion to approve the work authorization with Dunaway for the design of pavement and drainage improvements on SCR 1110 between FM 307 and ECR 120.
Motion by: Somers Seconded by: Ramsey Exhibit: 402-414
For: All (5) Against: None Abstaining
44. Discuss and take action on abandonment/vacation of Longview Subdivision, Section 3.
Presented by Andrew Avis, Public Works Director. They discussed a vacated plat. Mr. Avis stated that they need to have a public meeting. Levi Bryant with LCA Engineering and Surveying out of Odessa.
Motion we accept the Longview subdivision, Sect. 3 abatement /vacation.
Motion by: Anderson Seconded by: Sanchez Exhibit: 415-425
For: All (5) Against: None Abstaining
Call item 46
45. Discuss and take action on TWO DUN2023-012 for modifications of Midland County Subdivision Ordinance.
Presented by Andrew Avis, Public Works Director. It took more work than expected, so the quoted price got us to a certain point but were not quite there.
Motion to authorize the County Judge to extend TWO DUN2023-012.
Motion by: Somers Seconded by: Ramsey Exhibit: 426-434
For: All (5) Against: None Abstaining
46. Discuss and take action on Task Work Order DUN2024-005 for master planning Midland County Horseshoe Recreation Area.
Presented by Andrew Avis, Public Works Director.
Motion that we approve the task order DUN2024-005 for master planning Midland County Horseshoe Recreation area.
Motion by: Sanchez Seconded by: Anderson Exhibit: 435-447
For: All (5) Against: None Abstaining
47. Discuss and take action on TWO DUN2024-006 for Shared Use Path Planning at Horseshoe.
Presented by Andrew Avis, Public Works Director. The walking path and bike trail were discussed.
Motion that we approve TWO DUN2024-006 for shared use path planning at Horseshoe.
Motion by: Sanchez Seconded by: Anderson Exhibit: 448-460
For: All (5) Against: None Abstaining
Call item 50, 51 and 52.
48. Acknowledge Budget Calendar.
Presented by Jenny Hilton, County Court Administrator. Veronica Morales, Auditor suggested they adopt the budget during the first Commissioners Court in September rather than the second. Russell Malm, County Attorney joined the conversation.
Motion that we acknowledge the budget calendar.
Motion by: Sanchez Seconded by: Anderson Exhibit: 461-462
For: All (5) Against: None Abstaining:
49. Discuss and take action changing June 18, 2024 Commissioners’ Court date to another day in June.
Presented by Jenny Hilton, County Court Administrator.
Motion that we approve moving Commissioners Court from June 18 to June 11, 2024.
Motion by: Sanchez Seconded by: Anderson Exhibit: 463
For: All (5) Against: None Abstaining:
50. Conduct Executive session pursuant to Texas Government Code Section 551.072 to deliberate the purchase, exchange, lease, or value of real property.
51. Conduct Executive session pursuant to Texas Government Code Section 551.071 to consult with County Attorney regarding pending and prospective litigation and other matters.
52. Conduct Executive session pursuant to Texas Government Code Section 551.0725 to deliberate business and financial issues relating to contracts being negotiated.
Motion to conduct executive session pursuant to Texas Government Code Section 551.072 because deliberation in an open meeting would have a detrimental effect on the position of the Commissioner’s Court in negotiation with a third party.
Motion by: Johnson Seconded by: Ramsey Exhibit
For: All (5) Against: None Abstaining:
10:56 a.m. go into Executive Session.
11:53 a.m. back into Regular Session.
Call item 39.
53. Discuss and take action on animal services agreement with City of Midland.
Due to a previous MOU we had agreed to and signed on January 28, 2020 where we extended a million dollars for the construction of the animal shelter to help the city, I would like to ask that this latest MOU that was agreed to, with a $20,000.00 dollars payment to the city, that the $20,000.00 be omitted from that MOU. All other terms can still apply.
Motion by: Johnson Seconded by: Anderson Exhibit: 464-468
For: All (5) Against: None Abstaining
54. Discuss Jail Commission meeting.
Presented by County Judge Johnson and Sheriff Criner. They both attended a Jail Commission meeting in Austin and reported that we did pass an inspection and discussed Guardian.
Criner relays we will get instructions, once we meet those guidelines then they will come back and inspect us and then we will be ready to go. Exhibit: 469
55. Discuss and take action on agreement with Guardian RFID Contract.
Presented by Sheriff Criner. Guardian is CJIS compliant. They will be using the commissary funds. Veronica Morales, Auditor relays the total costs is $93,365.00 a year for the rental.
Motion to sign the contract for Guardian RFID.
Motion by: Ramsey Seconded by: Sanchez Exhibit: 470-499
For: All (5) Against: None Abstaining
Call item 9
56. Adjourn.
Motion to Adjourn
Motion by: Sanchez Seconded by: Somers Exhibit:
For: All (5) Against: None Abstaining:
Adjourn at 12.06 p.m.
A Meeting of the Midland County Commissioners Court will be held on Tuesday, May 21, 2024, on or after 9:00 a.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/_05072024-428