Midland County Commissioners Court met May 21.
Here are the minutes provided by the court:
Be it remembered that on Tuesday the 21st day of May 2024 at 9:01 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
JEFF SOMERS, County Commissioner Precinct No. 2
LUIS D. SANCHEZ, County Commissioner Precinct No. 3
DIANNE ANDERSON, County Commissioner Precinct No. 4 – left at 11:48 a.m.
Recorded by Alison Haley, County Clerk.
1. Call to Order.
2. Invocation by Father Bala Anthony Govindu, St. Stevens Catholic Church.
3. Pledges of Allegiances.
4. Receive presentation from Russell Meyers, with Permian Basin Behavioral Health Center.
Mr. Donald Evans, former 34th U.S. Secretary of Commerce introduced Russell Meyers, President of Midland Memorial Hospital. Mr. Meyers discussed the development of the Permian Basin Behavioral Health Center. Exhibit: 14-23
5. Discuss proposed county road construction for Permian Basin Behavioral Health Center.
Presented by Russell Meyers, President of Midland Memorial Hospital. Requesting a road for the project. Andrew Avis, Public Works Director joined the conversation stating about a cost of $8.7 million. County Judge Johnson expressed how this could possibly help with future projects. Mr. Meyers stated that they could wait for the upcoming budget year and is requesting $11.2 million. No action taken. Exhibit: 24-25
6. Discuss and take action on proclamation for 2024 Elder Abuse Awareness Month.
Presented by Marci Leffler, Community Engagement Specialist for Adult Protective Services. Judge Johnson read the proclamation for 2024 Elder Abuse Awareness Month.
Motion that we acknowledge the proclamation for 2024 Elder Abuse Awareness Month.
Motion by: Sanchez Seconded by: Anderson Exhibit: 26-27
For: All (4) Against: None Abstaining:
7. Receive presentation from Museum of the Southwest.
Presented by Mary Kathrin Marshall, Museum of the Southwest. Requesting $30,000.00 for support. No action taken. Exhibit: 28-35
8. Conduct public hearing possibly reducing speed limit on CR 1265 off of CR 160 from 55 mph to 35 mph.
Tabled.
9. Discuss and take action possibly reducing speed limit on CR 1265 off of CR 160 from 55 mph to 35 mph.
Tabled.
10. Consent Agenda:
a. Take action on personnel memoranda.
b. Acknowledge Monthly report for Warrant Services.
c. Acknowledge Monthly report for Constables 1, 2 & 4.
d. Acknowledge Monthly reports for JP 1 & 3.
e. Take action on court fees from County & District Clerks’ Offices.
f. Acknowledge $2.00 cash donation for County Clerk’s Office.
g. 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.
h. Acknowledge damage and fleet accident reports for April 2024.
i. Acknowledge Treasurer’s Report for February 2024.
j. Acknowledge Rebate check from Ricoh.
k. Take action on Infobase renewal for Midland County Public Libraries.
l. Take action on purchase on ScannX book scanner for John and Rosalind Redfern Genealogical Research Center.
m. Take action on application with Texas Commission on the Arts for 2024 Margaret Clauder performance grant.
n. Acknowledge reports for Extensions Office.
o. Acknowledge Detention Fees.
Presented by County Judge Johnson. Item f can be tabled.
Motion to approve the consent agenda with the exclusion of item f to be tabled.
Motion by: Somers Seconded by: Sanchez Exhibit: 36-222 For: All (4) Against: None Abstaining:
11. Discuss and take action giving Constables Spillman access.
Russell Malm, County Attorney stated he believed this has been taken care of. Constable Jamie Hall, Precinct 4, addressed the Court stating that she does have access. Constable Brown, Precinct 1 stated that he does have access. Constable Wohleking, Precinct 2 addressed the court. Javier Ochoa, IT Director stated that he would continue to get the approval paperwork processed and get them all access.
Motion that we approve giving Constable’s Spillman access.
Motion by: Sanchez Seconded by: Anderson Exhibit: 223
For: All (4) Against: None Abstaining:
12. Acknowledge Sheriff’s Office Report.
Presented by Sheriff Criner.
Move to acknowledge the Sheriff’s office report.
Motion by: Anderson Seconded by: Sanchez Exhibit: 224-228
For: All (4) Against: None Abstaining:
13. Discuss and take action on additional funds for Patrol – Vehicle Fuel Line. Presented by Sheriff Criner. Requesting $60,000.00.
Motion that we approve the additional funds for Patol vehicle fuel line from fuel contingency in the amount of $60,000.00.
Motion by: Sanchez Seconded by: Somers Exhibit: 229-232
For: All (4) Against: None Abstaining:
14. Discuss and take action on additional funds for CIU Salary Overtime Line.
Presented by Sheriff Criner. Requesting an additional $6,000.00. There are 2 full time positions in CIU. The rest are volunteers.
Motion to approve the additional funds of $6,000.00 from salary contingency for overtime to complete the fiscal year for the CIU.
Motion by: Somers Seconded by: Sanchez Exhibit:233-268
For: All (4) Against: None Abstaining:
15. Discuss and take action on hotel rate above per diem for the following:
a. Two Honor Guard members to attend Big Bend Memorial in Alpine, TX. b. County Judge’s trip to Austin, TX for meeting with Texas Commission on Jail Standards.
Presented by Sheriff Criner.
Move that we approve the hotel rate above per diem for the following. The 2 Honor Guard members to attend Big Bend Memorial in Alpine, Texas and the County Judge’s trip to Austin, Texas for meeting with Texas Commission on Jail Standards.
Motion by: Anderson Seconded by: Sanchez Exhibit: 269-283
For: All (4) Against: None Abstaining:
16. Discuss and take action on contract with GovOS for PDF/A conversion and storage services.
Presented by Alison Haley, County Clerk. The funds will come from the Archiving funds. Javier Chacon, IT Director joined the conversation.
Motion that we approve the contract with GovOS for PDF/A conversion and storage services in the amount of $35,000.00.
Motion by: Sanchez Seconded by: Anderson Exhibit: 284-287
For: All (4) Against: None Abstaining:
17. Discuss and take action on line item transfers.
Presented by Veronica Morales, Auditor. There were several exceptions. Line item #7018 was requesting $45,000.00, Risk Management would like that to be $100,000.00. Line item #7023 moving $166,000.00 from the water source project for the Horseshoe trail under public works. The auditor would like to keep the money in the 605 funds under the Horseshoe line. Line-item transfer #7024 is moving $1,000.00 from capital projects for travel. We don’t typically transfer funds from the 605 fund.
Motion that we approve all line-item transfers with the exception of line item #7024 and also to do the two changes that were mentioned.
Motion by: Sanchez Seconded by: Anderson Exhibit: 288-318
For: All (4) Against: None Abstaining:
Recalled item 17.
Veronica Morales, Auditor presented line-item transfer #7024 moving money into travel from professional services in the Public Works Department $1,000.00.
Motion that we approve that $1,000.00 amount for travel for Public Works.
Motion by: Sanchez Seconded by: Anderson Exhibit: 288-318
For: All (4) Against: None Abstaining:
18. Discuss and take action on bills and wire transfers.
Presented by Veronica Morales, Auditor. There was only one exception. Motion to approve all bills and wire transfers.
Motion by: Somers Seconded by: Sanchez Exhibit: 319-328
For: All (4) Against: None Abstaining:
19. Acknowledge Financial Statements for March 2024.
Presented by Veronica Morales, Auditor.
Motion to acknowledge the financial statements for March 2024.
Motion by: Sanchez Seconded by: Anderson Exhibit: 329-339
For: All (4) Against: None Abstaining:
20. Acknowledge presentation of “1000 Books Before Kindergarten”.
Presented by Debbie Garza, Library Director. They created backpacks with different themes. They will be available June 1st.
Acknowledge presentation of 1000 Books before Kindergarten.
Motion by: Anderson Seconded by: Sanchez Exhibit: 340
For: All (4) Against: None Abstaining:
21. Discuss and take action on salary increase for Head of Reference & Adult Services at Library.
Presented by Debbie Garza, Library Director. Referred to the County Policy 3. They would like to hire her at a grade 17 step 2.5.
Motion that we approve the salary increase for Head of Reference & Adult Services at the Library. Moving it from a 17.1 to a grade 17 step 2.5.
Motion by: Sanchez Seconded by: Somers Exhibit: 341
For: All (4) Against: None Abstaining:
22. Discuss and take action on new policy 8.45(a) Pregnant Workers Fairness Act (PWFA).
Presented by M.K. Lang, H.R. Director. This is a Federal Act that was published in June 2023. Russell Malm, County Attorney and Sara Gray, Treasurer joined the conversation.
Move that we update the policy 8.45(a) Pregnant Workers Fairness Act.
Motion by: Anderson Seconded by: Sanchez Exhibit: 342-358
For: All (4) Against: None Abstaining:
23. Discuss and take action updating policies 11.16 Email and 11.17 General Guidelines for Email & 11.18 Restrictions for Email.
Presented by M.K. Lang, H.R. Director.
Motion that we approve policies 11.16 Email and 11.17 General Guidelines for Email & 11.18 Restrictions for Email.
Motion by: Sanchez Seconded by: Anderson Exhibit: 359-361
For: All (4) Against: None Abstaining:
24. Receive update on HR Department initiatives and operations.
Presented by M.K. Lang, H.R. Director. No action taken. Exhibit: 362-364
25. Discuss and take action on Policy and Procedures Handbook for Elections Office. Presented by Rosa Olgin, Elections Administrator.
Motion that we approve the Policy and Procedures handbook for the Elections office.
Motion by: Sanchez Seconded by: Anderson Exhibit: 365-384
For: All (4) Against: None Abstaining:
26. Discuss and take action on battery replacement for Election equipment.
Presented by Rosa Olgin, Elections Administrator. 304 pieces of equipment that need the batteries replaced. Veronica Morales, Auditor joined the conversation.
Motion that we replace the battery for Elections equipment in the amount of $63,300.00 and the money to come out of contingency.
Motion by: Sanchez Seconded by: Somers Exhibit: 385-386
For: All (4) Against: None Abstaining:
10:29 a.m. take a break.
10:43 a.m. back into Regular Session.
Recall item 17
27. Discuss and take action on ConocoPhillips Charitable Investments Grant.
Presented by Justin Bunch, Emergency Management Coordinator. Tori Bezinque, Stakeholder Relations Advisor ConocoPhillips presented the court with a check for $33,000.00. No action taken. Exhibit: 387-392
28. Discuss and take action on bonds for Horseshoe Booking Manager and Marketing Manager.
Presented by Ken Colston, Risk Manager.
Move we approve the bonds for Horseshoe Booking Manager and Marketing Manager.
Motion by: Anderson Seconded by: Sanchez Exhibit: 393-409
For: All (4) Against: None Abstaining:
29. Discuss and take action on renewal of property of heavy equipment insurance contract with Texas Association of Counties.
Presented by Ken Colston, Risk Manager. TAC suggests we have coverage from July 1st to July 1st. Veronica Morales, Auditor joined the conversation.
Motion that we approve the renewal of property of heavy equipment insurance contract with Texas Association of Counties in the amount of $215,000.00.
Motion by: Sanchez Seconded by: Somers Exhibit: 410-514
For: All (4) Against: None Abstaining:
30. Discuss and take action on Horseshoe concessions.
Presented by Ken Olson, Horseshoe Director. Sara Gray, Treasurer and Veronica Morales, Auditor joined the conversation. They currently have Certified Payments. Requesting $20,000.00 for two positions.
Motion that we approve the Horseshoe concessions including $10,000.00 out of salary contingency, an additional $10,000.00 out of contingency for items to purchase and stock the concession stand.
Motion by: Sanchez Seconded by: Somers Exhibit: 511-514
For: All (4) Against: None Abstaining:
31. Discuss and take action on reimbursement for renter damage items. Tabled.
32. Discuss and take action on Horseshoe advertising policies and pricing.
Presented by Krystian Chacon, Horseshoe Marketing Manager and Ken Olson, Horseshoe Director.
Motion that we approve the advertising policies and pricing but to also give you guys the flexibility to do the pricing per month and not lock you in at 6 months. If you need to do it for 6 months, or 12, whatever you decide but it’s flexible for you to move it.
Motion by: Sanchez Seconded by: Anderson Exhibit: 515-526
For: All (4) Against: None Abstaining:
33. Discuss and take action on procedure for the lease of advertising space pursuant to Texas Local Government Code Section 263.251.
Presented by Russell Malm, County Attorney. In order to lease for advertising, the Local Government Code requires the Court to adopt a policy and procedure to do that.
Motion that we approve the procedure for the lease of advertising space pursuant to Texas Local Government Code Section 263.251.
Motion by: Sanchez Seconded by: Anderson Exhibit: 527-531
For: All (4) Against: None Abstaining:
34. Discuss and take action on purchase of Courthouse camera power and LED lights for parking lot.
Presented by Javier Chacon, IT Director.
Motion that we approve the Courthouse camera power and LED lights for the parking lot.
Motion by: Sanchez Seconded by: Anderson Exhibit: 532-533
For: All (4) Against: None Abstaining:
35. Discuss and take action on purchase of Courthouse security camera upgrades. Presented by Javier Chacon, IT Director. This is a budgeted item.
Motion to approve the purchase of Courthouse security camera upgrades.
Motion by: Somers Seconded by: Anderson Exhibit: 534-536
For: All (5) Against: None Abstaining:
36. Discuss and take action on purchase of gallery TVs for 7 courts. Presented by Javier Chacon, IT Director. This is a budgeted item.
Motion to approve the purchase of gallery TVs for the 7 courts.
Motion by: Sanchez Seconded by: Anderson Exhibit: 537-541
For: All (4) Against: None Abstaining:
37. Discuss and take action on purchase of power module upgrade for ODIN battery unit in Data Center.
Presented by Javier Chacon, IT Director. This is a budgeted item.
Motion that we approve the purchase of power module upgrade for ODIN battery unit in Data Center.
Motion by: Sanchez Seconded by: Anderson Exhibit: 542-545
For: All (4) Against: None Abstaining:
Call 48 and 49
38. Discuss and take action on RFP for Midland County Maintenance Seal Project 2024.
Presented by Kristy Engeldahl, Purchasing Agent and Andrew Avis, Public Works Director.
Motion that we approve the RFP for Midland County Maintenance Seal Project 2024.
Motion by: Sanchez Seconded by: Somers Exhibit: 546-547
Somers, Johnson Sanchez Against: None Abstaining:
39. Discuss and take action on RFP for Reconstruction CR 1180.
Presented by Kristy Engeldahl, Purchasing Agent and Jesse Ferguson, Public Works Capital Projects Manager.
Motion to approve the RFP for reconstruction of CR 1180.
Motion by: Somers Seconded by: Sanchez Exhibit: 548
Somers, Johnson Sanchez Against: None Abstaining:
40. Discuss and take action on purchase of Tahoes and Upfitting.
Presented by Kristy Engeldahl, Purchasing Agent.
Motion that we approve the purchase of Tahoe’s and upfitting.
Motion by: Sanchez Seconded by: Somers Exhibit: 549-576
Somers, Johnson Sanchez Against: None Abstaining:
41. Discuss and take action on resolution with TXDoT for intersection signal at CR 1232 and CR 120.
Presented by Andrew Avis, Public Works Director. TXDoT made some changes to the previous document. The price also went up $1,500.00.
Motion to authorize the County Judge to execute the resolution towards TXDoT agreement.
Motion by: Somers Seconded by: Sanchez Exhibit: 577-602
Somers, Johnson Sanchez Against: None Abstaining:
42. Discuss and take action on agreement with Oncor for temporary power infrastructure at jail construction site.
Presented by Jessica Buchanan, Public Works, Capital Projects Manager.
Motion that we approve the agreement with Oncor for temporary power infrastructure at jail construction site.
Motion by: Sanchez Seconded by: Somers Exhibit: 603-606
Somers, Johnson Sanchez Against: None Abstaining:
43. Discuss and take action ratifying temporary easement with Oncor for power infrastructure at jail construction site.
Presented by Jessica Buchanan, Public Works, Capital Projects Manager.
Motion to approve ratifying temporary easement with Oncor for power infrastructure at jail construction site.
Motion by: Sanchez Seconded by: Somers Exhibit: 607-609
Somers, Johnson Sanchez Against: None Abstaining:
44. Discuss and take action on contract with Danny’s Asphalt Paving for Save Coat Project.
Presented by Jesse Furgeson, Public Works Capital Projects Manager.
Motion that we approve the contract with Danny’s Asphalt Paving for Save Coat Project.
Motion by: Sanchez Seconded by: Somers Exhibit: 610-638
Somers, Johnson Sanchez Against: None Abstaining:
45. Discuss and take action on change order with Reece Albert for additional metal guardrail material for CR 120.
Presented by Jesse Furgeson, Public Works Capital Projects Manager. This was a line item of the bid process that was left off.
Motion to approve the change order with Reece Albert for additional metal guardrail material for CR 120.
Motion by: Somers Seconded by: Sanchez Exhibit: 639-640
Somers, Johnson Sanchez Against: None Abstaining:
46. Discuss and take action on plat for Midland East Subdivision Section 2. Presented by Andrew Avis, Public Works Director.
Motion to approve the action plat for Midland East Subdivision Section 2.
Motion by: Sanchez Seconded by: Somers Exhibit: 641-642
Somers, Johnson Sanchez Against: None Abstaining:
47. Discuss and take action on rezoning application with City of Midland for Courthouse Annex facility.
Presented by Andrew Avis, Public Works Director.
Motion that we approve the rezoning application with the City of Midland for the Courthouse Annex facility, and also to pay the $500.00 fee.
Motion by: Sanchez Seconded by: Somers Exhibit: 643-647
Somers, Johnson Sanchez Against: None Abstaining:
48. Conduct Executive session pursuant to Texas Government Code Section 551.074 to discuss personnel matters.
49. Conduct Executive session pursuant to Texas Government Code Section 551.072 to deliberate the purchase, exchange, lease, or value of real property.
11:14 a.m. go into Executive Session
11:48 a.m. back into Regular Session – Commissioner Anderson left at 11:48 a.m. Call item 38
50. Adjourn.
Motion to adjourn.
Motion by: Somers Seconded by: Sanchez Exhibit:
Somers, Johnson Sanchez Against: None Abstaining:
Adjourn at 11:57a.m.
A Meeting of the Midland County Commissioners Court will be held on Tuesday, June 4, 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/_05212024-430