Midland County Commissioners Court met Oct. 15.
Here are the minutes provided by the court:
Be it remembered that on Tuesday the 15th day of October 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 Alison Haley, County Clerk.
1. Call to Order.
2. Invocation given by David Hall, Midland Bible Church.
3. Pledges of Allegiances.
4. Receive presentation on TWDB update from Parkhill.
Andrew Avis, Public Works Director and Renee Hawklee with Parkhill Smith and Cooper made a presentation of Texas Water Development Board. The final report is complete. They discussed flood prevention and what to do about existing flooding issues. No action needed. Exhibit: 17-48
5. Discuss and take action on Interlocal Agreement for FY2024 Justice Assistance Grant (JAG) Program Award.
Presented by Sheriff Criner. Annual renewal.
Motion for the County Judge to sign the Interlocal agreement between the City of Midland and Midland County for FY2024 Justice Assistance Grant (JAG) Program Award.
Motion by: Ramsey Seconded by: Somers Exhibit: 49-51
For: All (5) Against: None Abstaining:
6. Discuss and take action on FY2025 SAVNS Grant Contract.
Presented by Sheriff Criner. Annual renewal.
Motion that we approve the FY2025 SAVNS grant contract.
Motion by: Sanchez Seconded by: Anderson Exhibit: 52-85
For: All (5) Against: None Abstaining:
7. Discuss and take action on FY2025 VINE Fifth Renewal Agreement. Presented by Sheriff Criner. Annual renewal.
Motion that we approve the FY2025 VINE Fifth renewal agreement.
Motion by: Sanchez Seconded by: Anderson Exhibit: 86-102
For: All (5) Against: None Abstaining:
8. Discuss and take action on budget amendment for FY2024 Justice Assistance Grant (JAG) Program Award in the amount of $10,000.00.
Presented by Sheriff Criner.
Motion for a budget amendment for the interlocal agreement between the City of Midland and Midland County JAG grant.
Motion by: Ramsey Seconded by: Somers Exhibit: 103-104
For: All (5) Against: None Abstaining:
9. Discuss and take action on budget amendment of FY2025 SAVNS/VINE Grant in the amount of $26,748.00.
Presented by Sheriff Criner.
Motion that we approve the budget amendment of FY2025 SAVNS/VINE grant in the amount of $26,748.00.
Motion by: Sanchez Seconded by: Anderson Exhibit: 105-106
For: All (5) Against: None Abstaining:
10. Discuss and take action on Guardian RFID System Agreement Addendum B Amendment.
Presented by Sheriff Criner. This is to purchase 5 additional handheld radio units. We will use commissary funds.
Motion to approve the Guardian RFID system agreement addendum B amendment.
Motion by: Sanchez Seconded by: Anderson Exhibit: 107-112
For: All (5) Against: None Abstaining:
11. Discuss and take action on Memorandum of Understanding with Permian Basin Regional Planning Commission for office and classroom space at new LEB.
Presented by Sheriff Criner. Janell Edwards, Training Coordinator for the Permian Basin Law Enforcement Academy, Virginia Belew, Executive Director for the Permian Basin Regional Planning Commission and Dana Hill, Criminal Justice Director. The current location is Midland College. They are looking for office space and a dedicated classroom and a temporary classroom. Sheriff Criner stated that this is a great opportunity for Midland.
Call item 13.
Motion that we approve the Memorandum of Understanding with the Permian Basin Regional Planning Commission for office and classroom space at the new LEB.
Motion by: Sanchez Seconded by: Anderson Exhibit: 113--116
For: All (5) Against: None Abstaining:
12. Discuss and take action paying Main Event Sports on Air before services are rendered for Halloween Event on October 26, 2024.
Presented by Sheriff Criner. Need to pay the invoice before the event.
Motion to pay Main Event Sports the amount of $2,412.20 in advance of the Halloween event on October 26, 2024.
Motion by: Ramsey Seconded by: Somers Exhibit: 117-120
For: All (5) Against: None Abstaining:
Call item 22
13. Discuss and take action declaring the Permian Basin Law Enforcement Academy (PBLEA) a public purpose for the Sheriff’s Office.
Presented by Sheriff Criner.
Motion to declare a public purpose of the Permian Basin Law Enforcement Academy due to several training entities have requested to train in this area and with PBLEA we can have the TCOLE licensing agency in-house to issue credit hours instead of everyone having to worry about self-reporting which can be an administrative nightmare. PBLEA receives training opportunities to share with the county.
Motion by: Ramsey Seconded by: Sanchez Exhibit: 121-122
For: All (5) Against: None Abstaining:
Back to item 11
14. 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 renominating Wesley Bownds to continue to serve as Midland County’s representative on the Midland Central Appraisal District Board of Directors.
d. Take action on court minutes from September 26 & October 1, 2024. e. Acknowledge Monthly Report for Warrant Services.
f. Acknowledge Monthly Report for Constable Pct 4.
g. Acknowledge Monthly Report for JP 1.
h. Acknowledge Monthly Report for JP 3.
i. Acknowledge accident/damage reports for Risk Management.
j. Acknowledge C&W Fee Collection Report.
k. Acknowledge Detention Fee Report.
l. Take action on Lexis Nexis agreement for the Law Library.
m. Take action on Baker & Taylor DVD Lease renewal agreement.
n. Acknowledge donation of program supplies valued at approximately $12.00 from anonymous donor.
Motion to approve the consent agenda excluding item (i) which is acknowledge accident/damage report for Risk Management.
Motion by: Somers Seconded by: Sanchez Exhibit: 123-259
For: All (5) Against: None Abstaining:
i. Acknowledge accident/damage reports for Risk Management.
Commissioner Anderson asked Sheriff Criner about the status of this accident on Lamesa and Scharbauer.
Motion that we acknowledge i.
Motion by: Anderson Seconded by: Sanchez Exhibit: 260-264
For: All (5) Against: None Abstaining:
15. Discuss and take action on application for SB 22 – Rural Law Enforcement Grant Agreement.
Presented by County Judge Johnson.
Motion that we approve the application for SB 22- Rural Law Enforcement Grant Agreement.
Motion by: Sanchez Seconded by: Anderson Exhibit: 265-277
For: All (5) Against: None Abstaining:
16. Discuss and take action on line item transfers.
Presented by Veronica Morales, Auditor. There were several exceptions. Page 23 of 24 line item transfer has the wrong number on the journal entry, it states 2025-197 when in fact it is a 2024 fiscal year request, decreasing office supplies and increasing postage line in the District Attorney’s office.
Motion to approve all line-item transfers.
Motion by: Ramsey Seconded by: Somers Exhibit: 278-298
For: All (5) Against: None Abstaining:
17. Discuss and take action on bills and wire transfers.
Presented by Veronica Morales, Auditor. There were two wire transfers. Some exceptions to report. Additional bills for Lowes at $5,699.69, Pilot Logistics for $1,392.25, and Cutting-Edge Advertising to purchase 3000 Halloween bags.
Motion to approve all bills and wire transfers.
Motion by: Somers Seconded by: Ramsey Exhibit: 299-314
For: All (5) Against: None Abstaining:
18. Discuss and take action on purchase of EKG machine for Clinic.
Presented by Sara Gray, Treasurer. This will be purchased by Premise, and we will reimburse them.
Motion that we the purchase of EKG machine for the Clinic.
Motion by: Sanchez Seconded by: Anderson Exhibit: 315-319
For: All (5) Against: None Abstaining:
19. Discuss and take action on letter to include travel benefit for medical plan.
Presented by Sara Gray, Treasurer. Blue Cross Blue Sheild has offered this to replace our current Care Navigation plan. Veronica Morales, Auditor joined the conversation.
Motion that we approve the letter to include travel benefit for medical plan. And I’m going to read what it says here: coverage is available for the covered person and up to one companion, reimbursable lodging is limited to $50 per night for the covered person and an additional $50 per night for each permitted companion. A cap of $1,000.00 calendar year annually.
Motion by: Sanchez Seconded by: Ramsey Exhibit: 320-322
For: All (5) Against: None Abstaining:
20. Discuss and take action on mowing services with Toby Robertson.
County Judge Johnson stated that someone wished to speak on this item. Mr. Dusty Robertson, of Midland, Texas, and brother to Toby Robertson addressed the Court and urged them to reconsider their decision to terminate Toby Robertson’s contract with the County and to bring the mowing in-house.
Commissioner Ramsey stated that we might have to go out for RFP since the contract has already been cancelled. Russell Malm, County Attorney, stated that we do not have to go out for competitive bids since Mr. Robertson does all the work himself. Commissioner Anderson asked when the mowing is needed. County Judge Johnson stated that this was not personal, bringing this in-house we could have an employee that could do other things in the off season. Kristy Engeldahl, Purchasing Agent and Eddie Melendez, Facilities Director joined the conversation. There are two different contracts. One for rights-of-way and one with Facilities.
Motion to extend the right-of-way mowing contract for 12 months to Toby Robertson, and we’re using the personal services exception to competitive bidding to do this, and I would also like to transfer funds from capital outlay vehicles Road and Bridge, $150,000.00 to Contract Services.
Motion by: Somers Seconded by: Ramsey Exhibit: 323-324
For: Ramsey, Somers, Sanchez, Anderson Against: Johnson Abstaining:
10:29 a.m. take a 10-minute break.
10:43 a.m. back into Regular Session.
21. Discuss and take action on Texas State Library & Archives Commission State Fiscal Year 2024 Interlibrary Loan (ILL) Lending Reimbursement Award in the amount of $7,165.00.
Presented by Veronica Morales, Auditor for Debbie Garza, Library Director. This is an annual event.
Motion to accept the Texas State Library & Archives Commission State Fiscal Year 2024 Interlibrary Loan (ILL) Lending Reimbursement award in the amount of $7,165.00.
Motion by: Ramsey Seconded by: Somers Exhibit: 325-326
For: All (5) Against: None Abstaining:
22. Discuss and take action on use of Horseshoe for United Way IDD Special Needs Law Enforcement training, November 14 & 15, 2024.
Presented by Ken Olson, Horseshoe Director and Kari Hennagin, President and CEO United Way of Midland. The Horseshoe is available.
Motion that we approve the use of the Horseshoe for United Way IDD Special Needs Law Enforcement training, November 14 & 15, 2024.
Motion by: Sanchez Seconded by: Anderson Exhibit: 327-328
For: All (5) Against: None Abstaining:
Call item 14
23. Acknowledge donation of $88.64 from Ludus, LLC for Horseshoe. Presented by Ken Olson, Horseshoe Director.
Motion that we acknowledge the donation of $88.64 from Ludus, LLC for the Horseshoe.
Motion by: Sanchez Seconded by: Anderson Exhibit: 329-331
For: All (5) Against: None Abstaining:
24. Discuss and take action on budget amendment on $88.64 for Horseshoe.
Presented by Ken Olson, Horseshoe Director. Veronica Morales, Auditor and Russell Malm, County Attorney joined the conversation.
Motion that we approve the budget amendment on $89.00 for the Horseshoe.
Motion by: Sanchez Seconded by: Anderson Exhibit: 332-333
For: All (5) Against: None Abstaining:
25. Discuss and take action removing dirt from Horseshoe Main Arena. Presented by Ken Olson, Horseshoe Director. This is a budgeted item.
Motion that we approve the removing dirt from the Horseshoe Main arena.
Motion by: Sanchez Seconded by: Anderson Exhibit: 334-335
For: All (5) Against: None Abstaining:
26. Discuss and take action on CVENT agreement for Horseshoe floorplan software and annual fee payment of $9,900.00.
Presented by Ken Olson, Horseshoe Director.
Motion that we approve the CVENT agreement for Horseshoe floor plan software and annual fee payment of $9,900.00.
Motion by: Sanchez Seconded by: Anderson Exhibit: 336-362
For: All (5) Against: None Abstaining:
27. Discuss and take action on additional funds for equipment and furnishings for District Attorney’s Office.
Presented by Jana Anderson, District Attorney Administrator. Requesting an additional $840.00 from contingency to pay the increase from the original quote.
Motion to approve the additional funds for equipment and furnishings for the District Attorney’s office, with the funds coming from contingency, $840.00.
Motion by: Somers Seconded by: Ramsey Exhibit: 363-365
For: All (5) Against: None Abstaining:
28. Discuss and take action declaring Rubber Ducks a public purpose for District Attorney’s Office.
Presented by Jana Anderson, District Attorney Administrator
Motion that we approve the rubber ducks as a public purpose for District Attorney’s Office, the ducks will be utilized when Attorney’s and Investigators build repour and trust with child victims who are about to share traumatic stories in trial.
Motion by: Sanchez Seconded by: Anderson Exhibit: 366-392
For: All (5) Against: None Abstaining:
29. Discuss and take action repairing damaged Facilities Unit 50142.
Presented by Justin Bunch, Emergency Management Coordinator and Eddie Melendez, Facilities Director. The vehicle was left unlocked, the spare key was in the car and the car was stolen. $12,240.32 in damages.
Motion to repair Facilities unit #50142 in the amount of $12,250.00.
Motion by: Ramsey Seconded by: Somers Exhibit: 393-397
For: All (5) Against: None Abstaining:
30. Discuss and take action on the following job descriptions for Emergency Management:
a. Canine Explosive Detection Handler.
b. Investigator.
c. Supervisory Investigator.
Presented by Justin Bunch, Emergency Management Coordinator.
Motion that we approve the job descriptions for Emergency Management: Canine Explosive Detection Handler, Investigator and Supervisory Investigator.
Motion by: Anderson Seconded by: Ramsey Exhibit: 398-405
For: All (5) Against: None Abstaining:
31. Discuss and take action on budget funding for Bomb Tech and Canine.
Presented by Justin Bunch, Emergency Management Coordinator. We currently have $500.00. We need an additional $8,500.00
Motion that we budget the funding for the Bomb Tech and K-9 in the amount of $8,500.00. That would be K9 unit supplies of $1,250.00, K-9 unit services, veterinary visits/medication in the amount of $1,250.00, and then equipment and furnishing $6,000.00 for a laptop and docking station coming out of contingency.
Motion by: Anderson Seconded by: Ramsey Exhibit: 406
For: All (5) Against: None Abstaining:
32. Discuss and take action on job descriptions for Public Works - Director of Operations (Road & Bridge).
Presented by Andrew Avis, Public Works Director.
Motion that we approve the Job description for Public Works – Director of Operations Road and Bridge.
Motion by: Sanchez Seconded by: Anderson Exhibit: 407-409
For: All (5) Against: None Abstaining:
33. Discuss and take action on job description and grade and step increase for Public Works Administrator.
Presented by Andrew Avis, Public Works Director. Change in job description and pay grade from a 13.1 to a 14.1.
Motion we approve the job description and grade and step increase for Public Works Administrator.
Motion by: Anderson Seconded by: Ramsey Exhibit: 410-412
For: All (5) Against: None Abstaining:
34. Discuss and take action on plat for Greenwood Country Estates Section 6.
Presented by Joe Thomason, Public Works, Road Administrator. Andrew Avis, Public Works Director, joined the conversation.
Motion to approve the plat for Greenwood Country Estates Section 6.
Motion by: Somers Seconded by: Ramsey Exhibit: 413-416
For: All (5) Against: None Abstaining:
35. Discuss and take action on change order with WTC for design of SCR 1215, Midland County Road Maintenance 2024 project.
Presented by Jesse Ferguson, Public Works, Capital Projects Manager.
Motion that we approve the change order with WTC for design of SCR 1215, Midland County Road Maintenance 2024 project.
Motion by: Sanchez Seconded by: Anderson Exhibit: 417-418
For: All (5) Against: None Abstaining:
36. Discuss and take action on reimbursement agreement with ConocoPhillips for construction of CR 1250 & Anetta Drive.
Presented by Jesse Ferguson, Public Works, Capital Projects Manager.
Motion approving the reimbursement agreement with ConocoPhillips for construction of CR 1250 & Anetta Drive.
Motion by: Ramsey Seconded by: Somers Exhibit: 419-425
For: All (5) Against: None Abstaining:
37. Discuss and take action on task order with Magrym to provide survey for annexation of CR 1250 to City of Midland.
Presented by Jesse Ferguson, Public Works, Capital Projects Manager.
Motion that we approve the task order with Magrym to provide the survey for annexation of CR 1250 to the City of Midland.
Motion by: Sanchez Seconded by: Anderson Exhibit: 426-433
For: All (5) Against: None Abstaining:
38. Discuss and take action on deed agreement and payment to Jeffrey & Jenette Saenz. Presented by Jesse Ferguson, Public Works, Capital Projects Manager.
Motion to approve the execution of the deed agreement between Saenz and Midland County and authorize payment for the transaction in the amount of $9,840.00.
Motion by: Ramsey Seconded by: Somers Exhibit: 434-442
For: All (5) Against: None Abstaining:
39. Discuss and take action on chilled water coil replacement at Library at the Plaza. Presented by Eddie Melendez, Facilities Director.
Motion to approve the chilled water coil replacement at Library at the Plaza.
Motion by: Somers Seconded by: Ramsey Exhibit: 443-444
For: All (5) Against: None Abstaining:
40. Discuss and take action on Jab Window Cleaning.
Presented by Eddie Melendez, Facilities Director. This is a budgeted item.
Motion that we approve Jab Window cleaning.
Motion by: Sanchez Seconded by: Anderson Exhibit: 445-446
For: All (5) Against: None Abstaining:
41. Discuss and take action on Absolute Fire Protection and Monitoring services. Presented by Eddie Melendez, Facilities Director. This is a budgeted item.
Motion we approve Absolute Fire Protection and Monitoring services.
Motion by: Anderson Seconded by: Sanchez Exhibit: 447-450
For: All (5) Against: None Abstaining:
42. Discuss and take action on Redlee Addendum for Facilities.
Presented by Eddie Melendez, Facilities Director.
Motion to approve the Redlee addendum.
Motion by: Ramsey Seconded by: Sanchez Exhibit: 451-453
For: All (5) Against: None Abstaining:
43. Discuss and take action on RFP 24MCO633 Horseshoe Advertising Space.
Presented by Kristy Engeldahl, Purchasing Agent. We have not received any responses. We can cancel or reissue. Ken Olson, Horseshoe Director, joined the conversation. The rates requested were discussed. Commissioner Ramsey stated they had discussed going with an advertising group. Russell Malm, County Attorney, joined the conversation.
Motion to cancel RFP 24MCO633 Horseshoe advertising space.
Motion by: Ramsey Seconded by: Sanchez Exhibit: 454-455
For: All (5) Against: None Abstaining:
44. Discuss and take action on RFP 24MCO637 Open Catering and Alcohol Services and Closed Concession Services for Horseshoe.
Presented by Kristy Engeldahl, Purchasing Agent. We received 2 responses. Ken Olson, Horseshoe Director, joined the conversation.
Motion we cancel this RFP and we can come up with a new one next court.
Motion by: Johnson Seconded by: Sanchez Exhibit: 456-458
For: All (5) Against: None Abstaining:
45. Discuss and take action on RFP 24MCO638 Grant Writer and Administrator. Presented by Kristy Engeldahl, Purchasing Agent. We received two responses.
Motion that we cancel RFP 24MCO638 Grant writer and administrator.
Motion by: Sanchez Seconded by: Ramsey Exhibit: 459-460
For: All (5) Against: None Abstaining:
Motion that we rebid this grant writer and administrator.
Motion by: Sanchez Seconded by: Ramsey Exhibit: 459-460
For: All (5) Against: None Abstaining:
46. Discuss and take action on Texas Indigent Defense Commission (TIDC) FY2025 Formula Grant Program Application.
Presented by Jenny Hilton, County Court Administrator. This is an annual agreement.
Motion that we approve the Texas Indigent Defense Commission TIDC FY2025 formula grant program application.
Motion by: Sanchez Seconded by: Anderson Exhibit: 461-467
For: All (5) Against: None Abstaining:
47. Discuss and take action on agreements and payment of budgeted funds to approved non-profit organizations.
Presented by Jenny Hilton, County Court Administrator. There are 4 signed agreements presented.
Motion to approve the agreements for non-profit organizations with the County specifically CASA, Basin Dream Center for Orphans, Museum of the Southwest and Senior Life.
Motion by: Ramsey Seconded by: Somers Exhibit: 468-496
For: Ramsey, Somers Against: None Abstaining: Anderson Johnson, Sanchez
48. Discuss and take action on job descriptions for Commissioners’ Court: a. Public Information Officer.
b. HR Director.
Presented by County Judge Johnson. I would like to change these back to the original job descriptions.
Motion to approve the original job descriptions for the PIO and HR Director.
Motion by: Ramsey Seconded by: Somers Exhibit: 497-503
For: All (5) Against: None Abstaining:
49. Discuss and take action appointing new Justice of the Peace for Precinct 2. Hold for Executive Session. No action taken.
50. Discuss and take action hiring assistant chief of Warrant Services. Hold for Executive Session
Motion that we hire Jorge Martinez at 19 13.5 to become Assistant Chief Warrant Officer to replace Scott Casbeer at the end of the year when he becomes Constable. Effective immediately.
Motion by: Johnson Seconded by: Sanchez Exhibit:
For: All (5) Against: None Abstaining:
51. Discuss and take action on salary increase for Tracy Karst-Culler. Hold for Executive Session
Motion that due to her being elevated to Lead Investigator we move her from a 21 8.5 to a 21.9.5 as Lead Investigator.
Motion by: Johnson Seconded by: Somers Exhibit: 504-505
For: All (5) Against: None Abstaining:
52. Discuss and take action on policies and procedures at Library.
Presented by Commissioner Anderson. County Attorney Russell Malm asked if the motion had been vetted through the Law firm hired by the Court. Commissioner Anderson stated that it had not. County Judge Johnson stated that it had been vetted through TAC and it was a motion from Montgomery County. County Attorney Russell Malm stated that he had not seen it either.
Motion to approve the Library Director to put a genre system in place in the children’s section of the Libraries so that books may be grouped in themes that are like minded so that all books may be easier to identify for youth and parents such genres that may include explicit or questionable materials will have an age restriction of 18 years of age and books will be marked as such to be easily identifiable.
Motion by: Anderson Seconded by: Johnson Exhibit: 506
For: Somers, Johnson Against: Ramsey Abstaining:
Sanchez, Anderson
County Judge Johnson stated that he was appointing the following committee members, based on testimony from 8/14/2023: Orpha Berry, Alathea Blischke, Christian Hughes, Alfred T. Garza, Jennifer Garza and Michelle Allen.
53. Discuss and take action changing Commissioners’ Court Meeting from November 5, 2024 to October 29, 2024.
Presented by County Judge Johnson.
Motion that we approve changing Commissioners’ Court meeting from November 5, 2024, to October 29, 2024.
Motion by: Sanchez Seconded by: Anderson Exhibit: 507
For: All (5) Against: None Abstaining:
54. Discuss and take action hiring THK Associates to assist with drafting and releasing of RFQ for a masterplan for proposed municipal golf course.
Presented by Commissioner Ramsey. Kristy Engeldahl, Purchasing Agent and Andrew Avis, Public Works Director, joined the conversation.
Motion to approve the hiring THK Associates to assist the Commissioners Court with the drafting and releasing of an RFQ for a masterplan for the proposed Midland County golf course.
Motion by: Ramsey Seconded by: Somers Exhibit: 508-511
For: Ramsey, Somers, Johnson Anderson Against: Sanchez, Abstaining:
Motion passes.
55. Conduct Executive session pursuant to Texas Government Code Section 551.074 to discuss personnel matters.
56. 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 discuss item #56 under section 551.0725 because discussing it in open court could adversely negatively affect our negotiating position.
Motion by: Sanchez Seconded by: Johnson Exhibit:
For: All (5) Against: None Abstaining:
11:27 a.m. Go into Executive Session.
12:04 p.m. back into Regular Session
Call item 50 and 51.
57. Adjourn.
Motion to adjourn.
Motion by: Ramsey Seconded by: Somers Exhibit:
For: All (5) Against: None Abstaining:
Adjourn at 12:06 p.m.
https://www.co.midland.tx.us/AgendaCenter/ViewFile/Minutes/_10152024-449