Midland County Commissioners Court met Sept. 3.
Here are the minutes provided by the court:
Be it remembered that on Tuesday the 3rd day of September 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
The following members were absent:
SCOTT RAMSEY, County Commissioner Precinct No. 1
Recorded by Alison Haley, County Clerk.
1. Call to Order.
2. Invocation was given by Pastor Randy Smith, Midland Bible Church.
3. Pledges of Allegiances.
4. Receive presentation from Green River Development.
Presented by Larrez Green, PE Green River Development. Green River Development’s mission is to drive positive change by pioneering innovative energy and development solutions that enhance sustainability and promote responsible growth. Exhibit: 15-30
5. Consent Agenda:
a. Take action on 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. Take action on renewal contract for Failure to Appear Program with Warrant Services.
d. Acknowledge Monthly Report for JP 3.
e. Take action on out-of-state travel for Vicki Maestas and Christina Bock to attend JUST Conference in Phoenix, AZ, October 20-24, 2024.
f. Take action on proclamation for Project Literacy Week, September 24-27, 2024.
g. Take action on proclamation for National Library Card Sign Up Month.
Motion that we approve the consent agenda without item e.
Motion by: Sanchez Seconded by: Anderson Exhibit: 31-110
For: All (4) Against: None Abstaining:
e. Take action on out-of-state travel for Vicki Maestas and Christina Bock to attend JUST Conference in Phoenix, AZ, October 20-24, 2024.
Commissioner Anderson asked to pull this item to discuss. Presented by Jeff Leyva, Chief Juvenile Probation Officer. We will use grant funds to travel. Stephanie Martinez, Grant Auditor joined the conversation.
Motion that we approve out-of-state travel for Vicki Maestas and Christina Bock to attend JUST Conference in Phoenix, AZ, October 20-24, 2024.
Motion by: Sanchez Seconded by: Somers Exhibit: 106
For: All (4) Against: None Abstaining:
6. Discuss and take action on Sheriff and Constable fees.
Presented by Sheriff Criner. There is no change.
Motion that we approve the Sheriff and Constable fees.
Motion by: Sanchez Seconded by: Anderson Exhibit: 111-115
For: All (4) Against: None Abstaining:
7. Discuss and take action declaring 20 oz. blue shaker bottles a public purpose for the Sheriff’s Office.
Presented by Sheriff Criner. These are used for recruiting and training purposes.
Motion that we approve take action declaring 20 oz. blue shaker bottles as public purpose for the Sheriff’s Office, and the purpose is to gain a recruiting advantage, and to retain in Midland County Sheriff’s Office.
Motion by: Sanchez Seconded by: Somers Exhibit: 116-117
For: All (4) Against: None Abstaining:
8. Discuss and take action on donation of $3,000.00 from Bill C. Cotner for Sheriff’s Office.
Presented by Sheriff Criner. For law enforcement supplies.
Motion that we approve the donation of $3,000.00 from Bill C. Cotner for the Sheriff’s Office.
Motion by: Sanchez Seconded by: Anderson Exhibit: 118-121
For: All (4) Against: None Abstaining:
9. Discuss and take action on budget amendment of $3,000.00 for Sheriff’s Office.
Presented by Sheriff Criner.
Motion that we approve the budget amendment of $3,000.00 for the Sheriff’s Office.
Motion by: Sanchez Seconded by: Anderson Exhibit: 122-123
For: All (4) Against: None Abstaining:
10. Acknowledge transfer of Garrett Metal Detector from Courthouse to Culver.
Presented by Sheriff Criner. Kristy Engeldahl, Purchasing Agent joined the conversation. Tabled, will be handled through the Purchasing Department.
11. Discuss and take action on line item transfers.
Presented by Veronica Morales, Auditor. There were a few exceptions. Eddie Melendez, Facilities Director had some discussion about line-item transfer #11365.
Motion to approve all line-item transfers.
Motion by: Sanchez Seconded by: Anderson Exhibit: 124-135
For: All (4) Against: None Abstaining:
12. Discuss and take action on bills and wire transfers.
Presented by Veronica Morales, Auditor. There were a few exceptions.
Motion we accept bills and wire transfers.
Motion by: Anderson Seconded by: Sanchez Exhibit: 136-144
For: All (4) Against: None Abstaining:
13. Discuss and take action on Notice of Election for County Offices on November 5, 2024 General Election.
Presented by Rosa Olgin, Elections Administrator.
Motion to approve the Notice of Election for County offices on November 5, 2024, General Election.
Motion by: Anderson Seconded by: Somers Exhibit: 145-147
For: All (4) Against: None Abstaining:
14. Discuss and take action establishing fee schedule for use of county owned equipment for Elections.
Presented by Rosa Olgin, Elections Administrator. The state allows us to charge up to 10% of the value of the machine.
Motion that we establish fee schedule for use of county owned equipment for Elections as presented on the Equipment Rental Fee Schedule.
Motion by: Anderson Seconded by: Somers Exhibit: 148-149
For: All (4) Against: None Abstaining:
15. Discuss and take action on food vendor availability for National Voter Registration Day.
Presented by Rosa Olgin, Elections Administrator.
Motion to approve food vendor availability for National Voter Registration Day.
Motion by: Anderson Seconded by: Somers Exhibit: 150
For: All (4) Against: None Abstaining:
16. Discuss and take action on the following roof repairs:
a. Road & Bridge, Extension, and Exhibit Building roofs for $285,000.00. b. Clinic for $10,185.00.
Presented by Ken Colson, Risk Manager. The previous vendors backed out. Cantex has offered to do the jobs.
Motion that we approve the roof repair for the Clinic in the amount of $10,185.00.
Motion by: Sanchez Seconded by: Somers Exhibit: 151-154
For: All (4) Against: None Abstaining:
17. Discuss and take action on damaged Juvenile Probation/Culver Sign.
Presented by Ken Colson, Risk Manager. $18,300.00 quote for repair. There was a discussion to wait for insurance. Item was tabled.
18. Discuss and take action on burn ban.
Tabled.
19. Discuss and take action on Insurance quotes for Midland County.
Presented by Ken Colston, Risk Manager and Rob Pridemore, USI.
Motion that we approve insurance quotes for Midland County from Texas Association of Counties and USI, and for the Judge to sign the documents.
Motion by: Anderson Seconded by: Sanchez Exhibit: 155-209
For: All (4) Against: None Abstaining:
20. Discuss and take action hiring Deputy Constable for Constable Pct. 4 this current fiscal year.
Presented by Jamie Hall, Constable Precinct 4. County Judge Johnson and Commissioner Anderson stated that they believe this is warranted.
Motion that we approve hiring a Deputy Constable for Constable Pct. 4 this current fiscal year at a pay grade 22.2 effective today.
Motion by: Anderson Seconded by: Johnson Exhibit: 210-213
For: All (4) Against: None Abstaining:
Motion that we approve the job description for Deputy Constable.
Motion by: Anderson Seconded by: Johnson Exhibit: 210-213
For: All (4) Against: None Abstaining:
21. Discuss and take action on step increase for Kelly Brashear and Jessica Lujan with the Library.
Tabled.
22. Discuss and take action on additional funds for Non-Contract Vehicle Maintenance for Constable 2.
Tabled.
23. Discuss and take action on award for RFP 24MCO634 Water & Sewer Line Construction for new LEB.
Presented by Kristy Engeldahl, Purchasing Agent. We received 2 responses. Because of the experience that Edgardo Madrid & Associates has with this type of project, we recommend award to them in the amount of $3,548,114.63.
Motion that we award RFP 24MCO634 Water and Sewar Line Construction for new LEB.
Motion by: Anderson Seconded by: Sanchez Exhibit: 214-217
For: All (4) Against: None Abstaining:
Recalled by Kristy Engeldahl, Purchasing Agent.
Motion to award RFP 24MCO634 Water and Sewar Line Construction for the new LEB to Edgardo Madrid & Associates.
Motion by: Anderson Seconded by: Sanchez Exhibit: 214-217
For: All (4) Against: None Abstaining:
24. Discuss and take action on negotiations for RFP 24MCO635 Reconstruction SCR 1180.
Presented by Kristy Engeldahl, Purchasing Agent. We received 5 responses for this project. After review, we would like to go into negotiations with Permian Paving.
Motion that we approve the negotiations on RFP 24MCO635 Reconstruction of SCR 1180.
Motion by: Sanchez Seconded by: Anderson Exhibit: 218
For: All (4) Against: None Abstaining:
25. Discuss and take action on Oncor contract for power adjustments at JP site.
Presented by Andrew Avis, Public Works Director.
Motion that we approve the Oncor contract for power adjustments at JP site.
Motion by: Sanchez Seconded by: Anderson Exhibit: 219-222
For: All (4) Against: None Abstaining:
26. Discuss and take action on change order to Danny’s Asphalt for payment & performance bonds for 2024 Maintenance Seal project.
Presented by Jessie Ferguson, Public Works Capital Projects Manager.
Motion that we approve the change order to Danny’s Asphalt for payment & performance bonds for the 2024 Maintenance Seal project.
Motion by: Sanchez Seconded by: Anderson Exhibit: 223-224
For: All (4) Against: None Abstaining:
27. Discuss and take action on deed agreement and payment to Ida Mae Oldham Trust for Right of Way acquisition.
Presented by Jessie Furguson, Public Works Capital Projects Manager. It will be called County Road 1080.
Motion to acknowledge the deed agreement and payment to Ida Mae Oldham Trust for Right of Way acquisition.
Motion by: Somers Seconded by: Sanchez Exhibit: 225-235
For: All (4) Against: None Abstaining:
28. Discuss and take action on design proposals for Construction of NCR 1080 & ECR 84, Reconstruction of CR 130, CR 140 and SCR 1140.
Presented by Jessie Furguson, Public Works Capital Projects Manager.
Motion to approve the design proposals for construction of NCR 1080 & ECR 84, Reconstruction of CR 130, CR 140 and SCR 1140.
Motion by: Somers Seconded by: Sanchez Exhibit: 236-238
For: All (4) Against: None Abstaining:
29. Discuss and take action on Sewer Line Easement with Texas Real Estate, LLC.
Presented by Andrew Avis, Public Works Director.
Motion that we approve the sewer line easement with Texas Real Estate, LLC.
Motion by: Sanchez Seconded by: Anderson Exhibit: 239-244
For: All (4) Against: None Abstaining:
30. Discuss and take action on utility easement and payment to Leeco Energy & Investments, Inc.
Presented by Andrew Avis, Public Works Director. They required a payment of $40,000.00.
Motion that we approve the utility easement and payment to Leeco Energy & Investments.
Motion by: Sanchez Seconded by: Anderson Exhibit: 245-251
For: All (4) Against: None Abstaining:
31. Discuss and take action on purchase of security cameras for 5 radio tower sites.
Presented by Javier Chacon, IT Director. We do have the funds.
Motion that we purchase the security cameras for the 5 radio tower sites.
Motion by: Sanchez Seconded by: Somers Exhibit: 252-256
For: All (4) Against: None Abstaining:
32. Discuss and take action on purchase of upgrade streaming equipment for courtroom.
Presented by Javier Chacon, IT Director. This is budgeted.
Motion to approve the purchase of the court streaming upgrade.
Motion by: Somers Seconded by: Sanchez Exhibit: 257-415
For: All (4) Against: None Abstaining:
33. Discuss and take action on purchase of Microwave Radio for new Facilities Building.
Presented by Javier Chacon, IT Director.
Motion to approve the purchase of the microwave radio for the new Facilities Building.
Motion by: Somers Seconded by: Sanchez Exhibit: 416-417
For: All (4) Against: None Abstaining:
34. Discuss and take action on Centennial Library door laminate repairs.
Presented by Eddie Melendez, Facilities Director.
Motion that we approve the Centennial Library door laminate repairs.
Motion by: Sanchez Seconded by: Somers Exhibit: 418-419
For: All (4) Against: None Abstaining:
35. Discuss and take action on mail room operations to remain in HR department.
Presented by Eddie Melendez, Facilities Director.
Motion that we leave the mail room operations to remain in the HR department.
Motion by: Sanchez Seconded by: Somers Exhibit: 420
For: All (4) Against: None Abstaining:
36. Discuss and take action on Horseshoe Event Staff Supervisor job description.
Presented by Ken Olson, Horseshoe Director.
Motion that we approve the Horseshoe Event Staff Supervisor job description.
Motion by: Sanchez Seconded by: Somers Exhibit: 421-424
For: All (4) Against: None Abstaining:
37. Discuss and take action on Horseshoe refundable deposits and added fees.
Presented by Ken Olson, Horseshoe Director.
Motion that we approve the refundable deposits and the added fees.
Motion by: Sanchez Seconded by: Somers Exhibit: 425-426
For: All (4) Against: None Abstaining:
38. Discuss and take action on Horseshoe free events, fees and approvals.
Presented by Ken Olson, Horseshoe Director.
Motion that we approve the Horseshoe free events, fees and approvals.
Motion by: Sanchez Seconded by: Somers Exhibit: 427-428
For: All (4) Against: None Abstaining:
39. Discuss and take action on grade and step for Court Administrator for County Courts at Law.
Presented by Jenny Hilton, County Court Administrator for Judge Mark Dettman, County Court at Law.
Motion that we approve the grade and step for Court Administrator for County Courts at Law.
Motion by: Sanchez Seconded by: Somers Exhibit: 429-430
For: All (4) Against: None Abstaining:
Motion that we approve the new hire starting at a 16.3.
Motion by: Sanchez Seconded by: Somers Exhibit: 429-430
For: All (4) Against: None Abstaining:
40. Discuss and take action on additional funds for autopsies.
Presented by Jenny Hilton, County Court Administrator.
Motion to approve $100,000.00 into JP fund 100-300-00.5935 from contingency.
Motion by: Somers Seconded by: Sanchez Exhibit: 431-432
For: All (4) Against: None Abstaining:
41. Discuss and take action on Medical Examiner job description.
Presented by County Judge Johnson.
Motion that we approve the Medical Examiner job description at a 33.10.
Motion by: Anderson Seconded by: Sanchez Exhibit: 433-436
For: All (4) Against: None Abstaining:
42. Discuss transferring Animal Control Officer.
Presented by Commissioner Anderson. The suggestion was for the Animal Control Officer to come under the Commissioners Court. Rachel Rodriguez, Commissioner Court Administrator joined the conversation. Kristy Engeldahl, Purchasing Agent discussed the vehicle. Veronica Morales, Auditor and Russell Malm, County Attorney joined the conversation. The Animal Control Officer is also the Rabies Officer. Judge Johnson agreed that there is a lot of confusion for the taxpayers. The Court members agreed that a conversation does need to be had with the Sheriff’s Office. Sheriff Criner joined the conversation. Exhibit: No action taken.
10:36 a.m. take a break
11:00 a.m. back into Regular Session
Recall item 23
43. Court members to discuss and take action on budget requests previously presented by Departments.
Presented by County Judge Johnson. Judge Johnson went down the list of who presented at the prior Commissioners Court meeting. Sheriff, JP1, Cemetery, Facilities, County Attorney, Road and Bridge, Warrants, Extension, IT, DA, Horseshoe, Emergency Management, Library.
Motion that we remove $8,000.00 from equipment and furnishing, $6,000.00 from equipment and furnishing and then transfer $2,000 to education and training for JP Precinct 1.
Motion by: Sanchez Seconded by: Somers Exhibit:
For: All (4) Against: None Abstaining:
Facilities
Motion that we approve Janitorial Services 5751 going from to $750,000.00 up to $910,000.00.
Motion by: Sanchez Seconded by: Somers Exhibit:
For: Somers, Johnson Against: None Abstaining: Johnson Anderson
Motion that we approve the County Attorney position for Legal Assistant which has previously been approved from a 14.1 to a 14 2.5 and to have the money for it available.
Motion by: Sanchez Seconded by: Anderson Exhibit:
For: All (4) Against: None Abstaining:
Extension
Veronica Morales, Auditor explained the salaries currently paid to the Extension Agri Life Agents and the funds that they receive from Ector County.
Motion that we approve the Community Health position to go to $11,500.00, the 4-H one $12,500.00, the Youth one $13,500.00, the Horticulture $13,500.00 and then $2,000.00 in office supplies.
Motion by: Sanchez Seconded by: Somers Exhibit:
For: All (4) Against: None Abstaining:
Purchasing
Motion that we approve the $990.00 for the Region 18 Cooperative Purchasing Program.
Motion by: Anderson Seconded by: Sanchez Exhibit:
For: All (4) Against: None Abstaining:
DA’s Office
Motion that we approve transferring the narcotics dog from the DA’s office over to the Sheriff’s office, the position, the budget and everything attached to it.
Motion by: Sanchez Seconded by: Somers Exhibit:
For: All (4) Against: None Abstaining:
Horseshoe
Motion That we approve $250.00 under professional services for the City of Midland Health Department concession stand permit.
Motion by: Sanchez Seconded by: Anderson Exhibit:
For: All (4) Against: None Abstaining:
Emergency Management
Motion to approve the Administrative Assistant position grade 16.
Motion by: Anderson Seconded by: Sanchez Exhibit:
For: Somers, Sanchez Against: None Abstaining: Johnson Anderson
Recalled by Veronica Morales, Auditor.
Motion that we remove $4 million from the 2025 budget out of Risk Management for claims and also including the transfer out from general fund.
Motion by: Sanchez Seconded by: Anderson Exhibit:
For: All (4) Against: None Abstaining:
Healthcare
Motion that we reduce the Healthcare budget by $1.1 million for the 2024-2025 budget.
Motion by: Sanchez Seconded by: Anderson Exhibit:
For: All (4) Against: None Abstaining:
Back to item 44.
Recalled by Veronica Morales, Auditor.
Veronica Morales, Auditor presented some items from today’s agenda that will affect the proposed budget. The new Deputy Constable for Precinct 4, Moving the Mail room back to HR Department and the new Medical Examiner job description.
Motion that we move the mailroom from Facilities back to HR along with all expenses and all budget ties.
Motion by: Sanchez Seconded by: Somers Exhibit:
For: All (4) Against: None Abstaining:
Move that we add a Deputy Constable into next year’s budget at a 22.2.
Motion by: Johnson Seconded by: Anderson Exhibit:
For: All (4) Against: None Abstaining:
Motion that we budget the Medical Examiner at a 33.10.
Motion by: Johnson Seconded by: Somers Exhibit:
For: All (4) Against: None Abstaining:
44. Court members to discuss and take action on their budget requests.
Presented by County Judge Johnson.
Commissioner Anderson stated that she would like the Museum of the Southwest to receive $30,000.00 instead of the proposed $15,000.00.
Motion that we increase Museum of the Southwest from $15,0000 to $30,000.00.
Motion by: Anderson Seconded by: Somers Exhibit: 438-442
For: Somers, Anderson Against: Johnson Abstaining: Sanchez
County Judge Johnson asked if Commissioner Anderson was still on the board for Museum of the Southwest. Since, Commissioner Anderson is on the board, he believes that is a conflict of interest. Commissioner Anderson agreed and recalled her motion.
Recall item 43 for Veronica Morales, Auditor.
Commissioner Somers discussed moving forward with the golf course. There was a feasibility study done in the past showing that Midland needs a golf course. Commissioner Anderson stated that she could not support a golf course for Midland County. Commissioner Sanchez stated his concern about the water shortage and the tax rate increase. Veronica Morales, Auditor joined the conversation.
Motion that we put $2.5 million into the budget for a Midland County golf course design.
Motion by: Somers Seconded by: Johnson Exhibit:
For: Somers, Against: Sanchez, Abstaining:
Johnson Anderson
Did not pass.
45. Conduct Executive session pursuant to Texas Government Code Section 551.074 to discuss personnel matters.
46. Conduct Executive session pursuant to Texas Government Code Section 551.0725 to deliberate business and financial issues relating to contracts being negotiated.
Motion that we go into Executive Session pursuant to Texas Government Code Section 551.0725 to deliberate business and financial issues relating to contracts being negotiated because discussing them in open court can hurt our negotiating position.
Motion by: Sanchez Seconded by: Anderson Exhibit:
For: All (4) Against: None Abstaining:
12:05 p.m. go into Executive session
12:27pm back into Regular session
Recall item 43.
47. Discuss and take action on Unite Private Networks Internet Circuit.
Presented by Javier Chacon, IT Director.
Motion that we approve the contract for UPN.
Motion by: Anderson Seconded by: Sanchez Exhibit: 443-449
For: All (4) Against: None Abstaining:
48. Adjourn.
Motion to adjourn.
Motion by: Anderson Seconded by: Somers Exhibit:
For: All (4) Against: None Abstaining:
Adjourn at 12:32 p.m.
https://www.co.midland.tx.us/AgendaCenter/ViewFile/Minutes/_09032024-444