Midland County Commissioners Court met July 2.
Here are the minutes provided by the court:
Be it remembered that on Tuesday the 2nd day of July 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:
SCOTT RAMSEY, County Commissioner Precinct No. 1
JEFF SOMERS, County Commissioner Precinct No. 2
LUIS D. SANCHEZ, County Commissioner Precinct No. 3 – Presiding Official.
DIANNE ANDERSON, County Commissioner Precinct No. 4
Recorded by Alison Haley, County Clerk.
1. Call to Order.
2. Invocation given by Pastor Pat Bryant with Travis Baptist Church.
3. Pledges of Allegiances.
Commissioner Sanchez, acting Judge announced that items 5,6,7,26,27,28,29,35,60 and 64 Executive session items will be tabled.
4. Acknowledge May’s I.M.P.A.C.T.S. of the Month Honoree, Alan Kilgore, with 142nd District Court.
Presented by Dora Ramirez, H.R. Manager.
Motion to acknowledge the May’s I.M.P.A.C.T.S. Honoree of the month, Alan Kilgore.
Motion by: Ramsey Seconded by: Somers Exhibit: 19
For: All (4) Against: None Abstaining:
5. Consideration and possible action to terminate existing delinquent property tax collection contract.
Tabled.
6. Consideration and possible action to address the matters contained in Texas Government Code Section 2254.1036(a)(1) and approve resolution authorizing Midland County Judge to execute contingent fee delinquent property tax collection contract with McCreary, Veselka, Bragg & Allen P.C. (MVBA)
Tabled.
7. Discuss and take action approving Contract for Collection of Delinquent Property Taxes with McCreary, Veselka, Bragg & Allen P.C. (MVBA)
Tabled.
8. Consent Agenda:
a. 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.
b. Acknowledge Monthly Report for JP 3.
c. Acknowledge Monthly Report for Constable 4.
d. Acknowledge Monthly Report for Constable 2.
e. Take action on additional funds for fuel for Constable 2.
f. Take action on court minutes from June 4, 4-6 & 11, 2024.
g. Acknowledge AgriLife Extension’s Reports.
h. Take action on use of Horseshoe for Extensions.
i. Take action on use of storage containers located at the Horseshoe.
j. Discuss and take action on personnel memoranda.
k. Acknowledge damage and fleet accident reports for May 2024.
l. Take action on repair of Unit 10831.
m. Take action on repair of Unit 15627.
n. Take action on repair of Unit 55109.
o. Take action on hail damaged units.
p. Acknowledge Rebate Check from Ricoh.
q. Take action on purchase of budgeted pickups for Sheriff’s Office Detention Maintenance.
r. Acknowledge Sheriff’s Office Report.
s. Take action on Texas Commission on the Arts grant – Margaret Clauder.
Item L. Presented by Ken Colson, Risk Manager. This was a sign that was damaged in a storm. Ken recommends replacing everything for $16,267.00. Shaun Taylor, Road and Bridge Foreman answered the courts questions.
Motion to pay $9,478.60 to swap out the electronics in the message board.
Motion by: Somers Seconded by: Ramsey Exhibit: 20-24
For: All (4) Against: None Abstaining:
Item O. Presented by Ken Colston, Risk Manager. Hail damage items.
Motion to repair the three units. Unit 15636, 15918, and 30242 also giving Emergency Management and Risk Management the ability to repair any further hail damage vehicles in this fiscal year not to exceed $15,000.00.
Motion by: Ramsey Seconded by: Somers Exhibit: 25-41
For: All (4) Against: None Abstaining:
Veronica Morales, Auditor recommended pulling agenda item 8S.
Motion to approve the consent agenda, excluding item S.
Motion by: Somers Seconded by: Ramsey Exhibit: 42-139
For: All (4) Against: None Abstaining:
9. Discuss and take action on amended Mental Health Services Provider Agreement FY2024 with PermiaCare.
Presented by Sheriff Criner and Chris Barnhill, CEO PermiaCare.
Motion to approve the execution of the amended Mental Health Services Provider Agreement FY2024 between PermiaCare and the Midland County Sheriff’s Office.
Motion by: Ramsey Seconded by: Anderson Exhibit: 140-148
For: All (4) Against: None Abstaining:
10. Discuss and take action on revised PermiaCare Renewal Agreement FY2025.
Presented by Sheriff Criner and Chris Barnhill, CEO PermiaCare.
Motion that we approve the revised PermiaCare renewal agreement for FY2025.
Motion by: Anderson Seconded by: Ramsey Exhibit: 149-200
For: All (4) Against: None Abstaining:
11. Discuss and take action on purchase of Drone from Sheriff’s donation account.
Presented by Sheriff Criner. Quote from UVT in the amount of $14,577.97. Motion to approve the purchase of the drone from the Sheriff’s donation account.
Motion by: Somers Seconded by: Ramsey Exhibit: 201-204
For: All (4) Against: None Abstaining:
12. Discuss and take action on previously purchased drones from Sheriff’s donation account.
Presented by Sheriff Criner and Kristy Engeldahl, Purchasing Agent. Previously purchased 5 drones from Unmanned Vehicle Technologies, LLC using the Sheriff’s donation account.
Motion to purchase the previously purchased 5 drones for the drone team.
Motion by: Ramsey Seconded by: Somers Exhibit: 205-222
For: All (4) Against: None Abstaining:
13. Discuss and take action on reclassifying Exempt to Non-Exempt status with job descriptions for Lieutenant positions at the Detention Center.
Presented by Sheriff Criner, Dora Ramirez, H.R. Manager and MK Lang, H.R. Director by phone. This will allow them to be paid for overtime.
Motion to approve the new job description and reclassify the exempt to non-exempt status with the job description for the Lieutenant position at the Detention Center.
Motion by: Somers Seconded by: Ramsey Exhibit: 223-234
For: All (4) Against: None Abstaining:
14. Discuss and take action on Employee Performance Standards & Expectation Policy 2.01a.
Presented by Dora Ramirez, H.R. Manager and M.K. Lang, H.R. Director by phone.
Motion to approve Policy 2.01a Employee Performance Standards and Expectation policy.
Motion by: Ramsey Seconded by: Somers Exhibit: 235-237
For: All (5) Against: None Abstaining:
15. Discuss and take action on public works position – Capital Projects Manager to Receptionist.
Presented by Dora Ramirez, H.R. Manager and M.K. Lang, H.R. Director by phone. This position would replace Capital Projects Manager position.
Motion to approve the reorganization and new job description moving Capital Projects Manager to Receptionist.
Motion by: Ramsey Seconded by: Somers Exhibit: 238-241
For: All (4) Against: None Abstaining:
16. 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 Seconded by: Anderson Exhibit: 242-260
For: All (4) Against: None Abstaining:
17. Discuss and take action on bills and wire transfers.
Presented by Veronica Morales, Auditor. There was one wire transfer for the District Clerks office. There were a few additional bills. Sams Club $994.14 for Road and Bridge, $56.70 for AgriLife. Library grant that is due before the next court. Need to approve 3 additional bills, DEMCO $3,578.36; Ingram $28.76; Reynolds Brothers $146.25.
Motion to pay all bills and wire transfers.
Motion by: Ramsey Seconded by: Somers Exhibit: 261-267
For: All (4) Against: None Abstaining:
18. Receive and acknowledge report from County Auditor for the Tax Office Hotel Occupancy Tax Audit Review for FY2021 and FY2022.
Presented by Veronica Morales, Auditor. Lisa Sessions, 1st Assistant Auditor and Russell Malm, County Attorney joined the conversation.
Motion to acknowledge the report from the County Auditor for the Tax Office Hotel Occupancy Tax Audit Review for FY2021 and FY2022.
Motion by: Somers Seconded by: Ramsey Exhibit: 268-279
For: All (4) Against: None Abstaining:
Call item 23-25
10:06a.m. take a 5-minute break.
10:16a.m. back into Regular Session
19. Discuss and take action on reimbursement of VRBO rental, cleaning and service fees for DA employees attending TDCAA conference in Galveston, TX.
Tabled.
20. Discuss and take action on Addendum to Exhibition Agreement – Framed: Step Into Art.
Presented by Debbie Garza, Library Director. Commissioner Ramsey was not back from break at this time.
Motion that we approve the addendum to the Exhibition agreement – Framed.
Motion by: Anderson Seconded by: Somers Exhibit: 280-282
For: Somers, Sanchez Against: None Abstaining:
Anderson
Commissioner Ramsey returned.
21. Discuss and take action allowing Teen Leadership Board to host a Back to School Drive benefiting Buckner Family Place.
Presented by Debbie Garza, Library Director.
Motion to approve allowing Teen Leadership Board to host a Back-to-School Drive benefiting Buckner Family Place.
Motion by: Somers Seconded by: Ramsey Exhibit: 283-284
For: All (4) Against: None Abstaining:
22. Discuss and take action on The Amazing Castle Exhibition Agreement.
Presented by Debbie Garza, Library Director. Scheduled for January 27, 2025 – May 2, 2025.
Motion to allow Commissioner Sanchez to sign The Amazing Castle Exhibition agreement.
Motion by: Ramsey Seconded by: Anderson Exhibit: 285-296
For: All (4) Against: None Abstaining:
23. Discuss and take action on roof repair contractors.
Presented by Ken Colson, Risk Manager. Would like to add some roofers to our list of contractors’. Authorization to proceed using Texas LGC 262.024(a)(3), an item necessary because of unforeseen damage to public property.
Motion to add Tecta America CS, Lydick-Hooks Roofing Company of Midland, Roofs Inc., Texas Roof Systems, CanTex Roofing and ABF Roofing to list of approved vendors. Authorized under Texas LGC 262.024(a)(3), as an item necessary because of unforeseen damage to public property.
Motion by: Ramsey Seconded by: Somers Exhibit: 297-301
For: All (4) Against: None Abstaining:
24. Discuss and take action on repair of Central Detention Center tent structure.
Presented by Ken Colson, Risk Manager. The jail tent was damaged during the hailstorm. Universal Fabric Structures provided two options, one for $69,960 and one for $161,020 with a 15-year warranty.
Motion to approve the repair of the Central Detention Center tent structure in the amount of $69,960.00 to repair the tent.
Motion by: Somers Seconded by: Ramsey Exhibit: 302-306
For: All (4) Against: None Abstaining:
25. Discuss and take action on Texas Association of Counties Liability Renewal Questionnaire.
Presented by Ken Colson, Risk Manager.
Motion that we approve the Texas Association of Counties Liability Renewal questionnaire and also request that Commissioner Luiz Sanchez be able to sign the contract in lieu of the County Judge in his absence.
Motion by: Anderson Seconded by: Somers Exhibit: 307-325
For: All (4) Against: None Abstaining:
Call item 19.
26. Discuss and take action on donation of plaque valued at $4,500.00 from Alamo Letter Society to Midland County.
Tabled.
27. Discuss and take action on resolution supporting plaque donation from Alamo Letter Society.
Tabled.
28. Discuss and take action on donation and payment of $4,500.00 to Alamo Letter Society for plaque to another County in Texas.
Tabled.
29. Discuss and take action on Social Media Plan proposal.
Tabled.
30. Discuss and take action on listing agreement for 801 W. Golf Course.
Presented by Eddie Melendez, Facilities Director. There is a one-time fee of $500.00. Russell Malm, County Attorney joined the conversation.
Motion we approve the listing agreement for 801 W. Golf Course.
Motion by: Anderson Seconded by: Ramsey Exhibit: 326-338
For: All (4) Against: None Abstaining:
31. Discuss and take action on Mold Remediation for the Sheriff Impound.
Presented by Eddie Melendez, Facilities Director.
Motion to approve mold remediation for the Sheriff Impound.
Motion by: Somers Seconded by: Ramsey Exhibit: 339-341
For: All (4) Against: None Abstaining:
32. Discuss and take action on 509 N. Loraine.
Presented by Eddie Melendez, Facilities Director. They would like to make this location an off-site records storage site. Would like to move forward with Vandergriff. Tabled for more information.
33. Discuss and take action on additional funds for building maintenance for Detention.
Presented by Eddie Melendez, Facilities Director and Sgt. Itzait Lopez, Detention Center. Requesting $50,000.00 from contingency for building maintenance.
Motion to approve the additional $50,000.00 funds to building maintenance for Detention from contingency.
Motion by: Somers Seconded by: Ramsey Exhibit: 342
For: All (4) Against: None Abstaining:
34. Discuss and take action on Agreement for Services with Teen Challenge for temporary labor at the Horseshoe.
Presented by Ken Olson, Horseshoe Director.
Motion to approve the Agreement for Service with Teen Challenge for temporary labor at the Horseshoe.
Motion by: Ramsey Seconded by: Somers Exhibit: 343-348
For: All (4) Against: None Abstaining:
35. Discuss and take action reimbursing Horseshoe budget for renter damaged items. Tabled.
36. Discuss and take action on change order with Danny’s Asphalt for additional painting, striping, and posts at the Horseshoe.
Presented by Ken Olson, Horseshoe Director. An additional $16,800.00 can be transferred to Road and Bridge.
Motion to approve the change order for Danny’s Asphalt for additional painting, striping, and posts at the Horseshoe.
Motion by: Ramsey Seconded by: Somers Exhibit: 349-355
For: All (4) Against: None Abstaining:
37. Discuss and take action on Horseshoe Director free event approvals and fees.
Presented by Ken Olson, Horseshoe Director.
Motion to let the Horseshoe Director and his team at the Horseshoe facility to work with 4H and wait for additional groups for approval.
Motion by: Ramsey Seconded by: Somers Exhibit: 356-359
For: All (4) Against: None Abstaining:
38. Discuss and take action on Horseshoe concessions.
Presented by Ken Olson, Horseshoe Director. Tabled for more information.
39. Discuss and take action on purchase of Boring Lab Xprotect Toolbox from ACI.
Presented by Javier Chacon, IT Director. This is a budgeted item.
Motion to approve the purchase of Boring Lab Xprotect Toolbox from ACI.
Motion by: Ramsey Seconded by: Somers Exhibit: 360-362
For: All (4) Against: None Abstaining:
40. Discuss and take action on Memorandum of Understanding (MOU) with Midland College for Surplus Vehicle.
Presented by Kristy Engeldahl, Purchasing Agent. Unit #30241.
Motion that we approve the Memo of Understanding with Midland College for surplus vehicle.
Motion by: Anderson Seconded by: Somers Exhibit: 363-369
For: All (4) Against: None Abstaining:
41. Discuss and take action on negotiations for RFP 24MCO629 Reconstruction of CR 1130.
Presented by Kristy Engeldahl, Purchasing Agent.
Motion to approve negotiations for RFP 24MCO629 Reconstruction of CR 1130.
Motion by: Somers Seconded by: Ramsey Exhibit: 370
For: All (4) Against: None Abstaining:
42. Discuss and take action on award for RFP 24MCO629 Reconstruction of CR 1130.
Tabled.
43. Discuss and take action on award for RFP 24MCO628 Hazard Mitigation Plan Development.
Presented by Kristy Engeldahl, Purchasing Agent. They received 7 responses. Recommend awarding to H2O Partners.
Motion to award RFP 24MCO628 Hazard Mitigation Plan Development to H2O Partners.
Motion by: Ramsey Seconded by: Anderson Exhibit: 371-390
For: All (4) Against: None Abstaining:
44. Discuss and take action on RFP for Water and Sewer Line Construction at the new LEB.
Presented by Kristy Engeldahl, Purchasing Agent. Would any member of the Court like to be involved in this process. Commissioner Sanchez stated he would.
Motion that we approve the RFP for Water and Sewer line construction at the new LEB.
Motion by: Anderson Seconded by: Somers Exhibit: 391
For: All (4) Against: None Abstaining:
45. Discuss and take action on RFP for Sewer Line Construction at the new jail site.
Presented by Kristy Engeldahl, Purchasing Agent. Would any member of the Court like to be involved in this process. Commissioner Sanchez stated he would.
Motion to go out for RFP for sewer line construction at the new jail site.
Motion by: Ramsey Seconded by: Anderson Exhibit: 392
For: All (4) Against: None Abstaining:
46. Discuss and take action on RFP for Advertising Space at Midland County Horseshoe.
Presented by Kristy Engeldahl, Purchasing Agent. Would any member of the Court like to be involved in this process. Commissioner Anderson stated that she would be happy too.
Move we approve action on RFP for Advertising space at Midland County Horseshoe.
Motion by: Anderson Seconded by: Ramsey Exhibit: 393
For: All (4) Against: None Abstaining:
47. Discuss and take action on abandonment/vacation of Longview Subdivision, Section 3.
Joe Thomason, Public Works, Regulations Manager and Levi Bryan, LCA Consultants. Motion we approve abandonment/vacation of Longview Subdivision, Section 3.
Motion by: Anderson Seconded by: Somers Exhibit: 394-397
For: All (4) Against: None Abstaining:
48. Discuss and take action on payment and closing of property purchase for Jasmine Drive Ponds.
Presented by Joe Thomason, Public Works, Regulations Manager.
Motion to approve payment and closing of property purchase for Jasmine Drive Ponds in the amount of $1,444,500 from GL 605-7000 and authorize the County Judge to sign the closing documents and also authorizing the County Auditor to pay in full via wire transfer.
Motion by: Somers Seconded by: Ramsey Exhibit: 398-421
For: All (4) Against: None Abstaining:
49. Discuss and take action on plat on the following plats:
a. Greenwood Country Acres, Section 5.
b. Comanche Crossing, Section 1.
Presented by Joe Thomason, Public Works, Regulations Manager.
Motion to approve the Greenwood Country Acres, Section 5 and the Comanche Crossing, Section 1.
Motion by: Somers Seconded by: Ramsey Exhibit: 422-504
For: All (4) Against: None Abstaining:
50. Discuss and take action on plat for Knapp Addition, Section 2.
Hold for Executive Session.
Tabled for further investigation.
51. Discuss and take action on change order with Burns for offsite utility projects at new jail.
Presented by Jesse Ferguson, Public Works, Capital Projects Manager.
Motion we approve the change order with Burns for offsite utility projects at the new jail.
Motion by: Anderson Seconded by: Ramsey Exhibit: 505-506
For: All (4) Against: None Abstaining:
52. Discuss and take action on construction contract with Brett Construction for water line at new jail.
Presented by Jesse Ferguson, Public Works, Capital Projects Manager.
Motion that we approve the construction contract with Brett Construction for waterline at the new jail.
Motion by: Anderson Seconded by: Ramsey Exhibit: 507-543
For: All (4) Against: None Abstaining:
53. Discuss and take action negotiating with private landowners for LEB utility construction and assigning deeds to City of Midland upon closing.
Presented by Jesse Ferguson, Public Works, Capital Projects Manager. We will need to obtain some easements.
Motion to approve negotiating with private landowner for LEB utility construction and assigning deeds to the City of Midland upon closing.
Motion by: Anderson Seconded by: Somers Exhibit: 544-548
For: All (4) Against: None Abstaining:
54. Discuss and take action on payment for Advanced Funding Agreement for new traffic signal at CR 120 and Antelope Trail.
Presented by Jesse Ferguson, Public Works, Capital Projects Manager. $28,600.00.
Motion that we authorize advanced payment for advanced funding agreement for new traffic signal at CR 120 and Antelope trail in the amount of $28,600.00.
Motion by: Anderson Seconded by: Somers Exhibit: 549-574
For: All (4) Against: None Abstaining:
55. Discuss and take action on change order with Magrym for additional design of reconstruction of CR 130.
Presented by Jesse Ferguson, Public Works, Capital Projects Manager.
Motion that we approve the change order with Magrym for additional design of construction of WCR 130.
Motion by: Anderson Seconded by: Somers Exhibit: 575-581
For: All (4) Against: None Abstaining:
56. Discuss and take action on change order with Danny’s Asphalt for reconstruction of CR 130.
Presented by Jesse Ferguson, Public Works, Capital Projects Manager.
Motion that we approve the change order to Danny’s Asphalt for reconstruction of WCR 130 project in the amount of $53,134.00 from 200-900-00.7030.
Motion by: Anderson Seconded by: Somers Exhibit: 582-582
For: All (4) Against: None Abstaining:
57. Discuss and take action on payment and boundary agreement between Gomez and Midland County.
Presented by Jesse Ferguson, Public Works, Capital Projects Manager.
Motion to authorize the County Judge to execute the boundary agreement between Gomez and Midland County and authorize payment for the boundary agreement in the amount of $6,418.00 from 100-020-08.5790.
Motion by: Somers Seconded by: Ramsey Exhibit: 583-587
For: All (4) Against: None Abstaining:
58. Discuss and take action on payment and boundary agreement between Roberts and Midland County.
Presented by Jesse Ferguson, Public Works, Capital Projects Manager.
Motion to authorize the County Judge to execute the boundary agreement between Roberts and Midland County and authorize payment for the boundary agreement in the amount of $7,599.00 from 100-020-08.5790.
Motion by: Somers Seconded by: Ramsey Exhibit: 588-591
For: All (4) Against: None Abstaining:
59. Discuss and take action on TechShare agency liability funds credited to Midland County.
Presented by Commissioner Ramsey. Commissioner Ramsey explained Tech Share and CUC are parting ways. Tabled for more information.
60. Discuss Elected Officials salaries.
Tabled.
61. Discuss and take action on Agreement for Services with AC Transport.
Presented by Kristy Engeldahl, Purchasing Agent. Eddie Melendez, Facilities Manager and Veronica Morales, Auditor joined the conversation.
Move that we approve the agreement for services with AC Transport.
Motion by: Anderson Seconded by: Ramsey Exhibit: 592-604
For: All (4) Against: None Abstaining:
62. Conduct Executive session pursuant to Texas Government Code Section 551.074 to discuss personnel matters.
63. Conduct Executive session pursuant to Texas Government Code Section 551.071 to consult with County Attorney regarding pending and prospective litigation and other matters.
64. Conduct Executive session pursuant to Texas Government Code Section 551.0725 to deliberate business and financial issues relating to contracts being negotiated.
Tabled.
65. Discuss and take action waiving the requirements of Texas Local Government Code 232.0032(a) for the proposed Knapp Addition Section 2 and determining, based on credible evidence of groundwater availability in the vicinity of the proposed subdivision, that sufficient groundwater is available and will continue to be available to the subdivided tract of land.
11:42a.m. go into Executive Session
12:44p.m. back into Regular Session
Call item 50
66. Adjourn.
Motion to adjourn.
Motion by: Ramsey Seconded by: Somers Exhibit:
For: All (5) Against: None Abstaining:
Adjourn at 12:44 p.m.
https://www.co.midland.tx.us/AgendaCenter/ViewFile/Minutes/_07022024-435