Midland County Commissioners Court met Nov. 19

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Midland County Commissioners Court | Midland County

Midland County Commissioners Court met Nov. 19.

Here are the minutes provided by the court:

Be it remembered that on Tuesday the 19th day of November 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 Pastor Darin Wood with First Baptist Church.

3. Pledges of Allegiances.

4. Discuss and take action on proclamation for Angel Tree Ceremony.

Presented by Lydia Frescaz, Midland Victims Coalition. County Judge Johnson read the proclamation proclaiming all citizens to observe the Memorial Angel Tree in remembrance of fallen victims of crime.

Motion to acknowledge the Angel Tree Ceremony and the annual proclamation.

Motion by: Ramsey Seconded by: Somers Exhibit: 17-18

For: All (5) Against: None Abstaining:

5. Discuss and take action on Ironwall 360 Services agreement and use of County credit card for purchase.

Presented by Judge David Rogers, 318th District Court.

Motion to approve the Ironwall 360 services agreement and the use of the county credit card for the purchase.

Motion by: Sanchez Seconded by: Anderson Exhibit: 19-21

For: All (5) Against: None Abstaining:

6. Discuss and take action on salaries for County Court-at-Law Judges.

Presented by Judge Mark Dettman, County Court at Law. Russell Malm, County Attorney, joined the conversation. Sara Gray, Treasurer, joined the conversation. $193,400.00.

Motion that we approve the increase of salaries for County Court at Law Judges effective September 2024.

Motion by: Sanchez Seconded by: Ramsey Exhibit: 22-27

For: All (5) Against: None Abstaining:

Recalled item 6.

I will go ahead and amend that motion, that salary for County Court at Law Judges effective October 1st and the amount is $193,400.00.

Motion by: Sanchez Seconded by: Ramsey Exhibit: 22-27

For: All (5) Against: None Abstaining:

Call item 64.

7. Consent agenda:

a. Take action on personnel memoranda.

b. Acknowledge Quarterly Investment Report.

c. 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.

d. Acknowledge Monthly report for JP 1.

e. Acknowledge Monthly report for JP 3.

f. Acknowledge Monthly report for Constable Pct 1.

g. Acknowledge Monthly report for Constable Pct 4.

h. Acknowledge Monthly report for Warrant Services.

i. Take action on Official Ballot and Resolution for the election of the Board of Directors for the Midland Central Appraisal District.

j. Take action on Accident/Damage reports.

k. Take action on out-of-state travel for Kevin Bullard and Michael Pool to for Hazardous Devices recertification in Huntsville, AL, January 5-10, 2025.

l. Take action on renewal of bonds for elected officials.

m. Acknowledge Christmas Party on Wednesday, December 11, 2024, 6:30 p.m. to 8:30 p.m.

n. Acknowledge C&W Fee Collection report.

o. Acknowledge Detention Fee report.

p. Take action on Culligan Agreements for Library and Facilities Warehouse.

q. Take action on court minutes from October 29, 2024.

Presented by County Judge Johnson.

Motion to approve the consent agenda.

Motion by: Ramsey Seconded by: Sanchez Exhibit: 28-227

For: All (5) Against: None Abstaining:

Call item 61

8. Discuss and take action on Amended Federal Asset Forfeiture Account Mandatory Annual Report.

Presented by Sheriff Criner. Correction is needed from last court.

Motion approving the Amended Federal Asset Forfeiture Account Mandatory Annual Report.

Motion by: Ramsey Seconded by: Somers Exhibit: 228-248

For: All (5) Against: None Abstaining:

9. Discuss and take action on Amended Chapter 59 State Asset Forfeiture Account Mandatory Annual Report.

Presented by Sheriff Criner. Another correction is needed.

Motion that we approve the Amended Chapter 59 State Asset Forfeiture Account Mandatory Annual Report.

Motion by: Sanchez Seconded by: Anderson Exhibit: 249-265

For: All (5) Against: None Abstaining:

10. Discuss and take action on LEB renovations.

Presented by Sheriff Criner. Sheriff Criner discussed the changes. Eddie Melendez, Facilities Director, answered the Courts’ questions. Commissioner Anderson explained why it wasn’t approved during budget process. County Judge Johnson explained that he would like to see quotes before this is considered.

Motion to go out for bid for the LEB renovations.

Motion by: Ramsey Seconded by: Somers Exhibit: 266-267

For: All (5) Against: None Abstaining:

11. Discuss and take action on job description with pay for 2 CIU Specialists under CID. Tabled.

12. Discuss and take action reducing grade and step and changing CIU Coordinator to CIU Specialist.

Tabled.

13. Discuss and take action renaming position from CIU Assistant Coordinator to CIU Specialist.

Tabled.

14. Discuss and take action on reclassification and grade and step change for Sheriff’s Office Secretary to Administrative Assistant.

Tabled.

15. Discuss and take action on reclassification and grade and step change for Sheriff’s Office Administrative Assistant to Administrative Assistant – Chief Secretary.

Tabled.

16. Discuss and take action on donation of $250.00 from Donald Duane Jones for CIU. Presented by Sheriff Criner.

Motion to acknowledge the donation of $250.00 from Donald Duane Jones for CIU.

Motion by: Somers Seconded by: Ramsey Exhibit: 268-271

For: All (5) Against: None Abstaining:

17. Discuss and take action on budget amendment of $250.00 for CIU. Presented by Sheriff Criner.

Motion that we approve the budget amendment of $250.00 for CIU.

Motion by: Sanchez Seconded by: Anderson Exhibit: 272-273

For: All (5) Against: None Abstaining:

18. Discuss and take action on use of Horseshoe for Sheriff’s Office Halloween Event on October 18, 2025.

Presented by Sheriff Criner. The funds come from general County funds. County Judge stated that we had denied Commissioner Anderson the use of the Horseshoe and he would like it to be the same across the board.

Motion to approve The Midland County Sheriff’s Office to host a Halloween event at the Horseshoe on October 18, 2025.

Motion by: Ramsey Seconded by: Somers Exhibit: 274-275

For: Ramsey, Somers Against: Johnson, Abstaining:

Sanchez, Anderson

The motion did not pass.

19. Discuss and take action on use of Horseshoe for Sheriff’s Office Christmas Party on December 15 & 16, 2025.

Sheriff Criner asked if the dates could be held. The dates will be held. No action taken. Exhibit: 276-277

20. Discuss and take action on line item transfers.

Presented by Veronica Morales, Auditor. There are a lot of line-item transfers to clean up the 2024 Fiscal Year. There were a few exceptions for Fiscal Year 2025. The Auditor would like the court to remove line item 2025.873 due to it being a duplicate.

Motion that we approve all line-item transfers with the exception of 2025-873.

Motion by: Sanchez Seconded by: Anderson Exhibit: 278-344

For: All (5) Against: None Abstaining:

21. Discuss and take action on bills and wire transfers.

Presented by Veronica Morales, Auditor. There were a few exceptions.

Motion to pay all bills.

Motion by: Ramsey Seconded by: Somers Exhibit: 345-358

For: All (5) Against: None Abstaining:

Call item 63.

Recalled by Auditor.

There were 2 wire transfers, the County Clerk’s office and the District Clerks office. Motion to pay all bills and wire transfers.

Motion by: Ramsey Seconded by: Somers Exhibit: 345-358

For: All (5) Against: None Abstaining:

Call item 29.

22. Discuss improvements to CSCD building.

Presented by Allen Bell, CSCD Director. Mr. Bell described the need for improvements. There was a discussion about going out for bids. This request needs to be asked during the budget process. Motion was made but we were not agendized for a motion. No action taken. Exhibit: 359-362

23. Discuss and take action on Ludus Tickets Service Agreement.

Presented by Ken Olson, Horseshoe Director.

Motion that we approve the Ludus Ticket Service Agreement.

Motion by: Sanchez Seconded by: Anderson Exhibit: 363-371

For: All (5) Against: None Abstaining:

Commissioner Anderson had a question about the wording of the motion.

24. Discuss and take action terminating and returning deposits for Horseshoe-approved vendor event production agreements.

Presented by Ken Olson, Horseshoe Director.

Motion that we terminate and return deposits for Horseshoe-approved vendor event production agreements.

Motion by: Sanchez Seconded by: Anderson Exhibit: 372-409

For: All (5) Against: None Abstaining:

Recall item 23

25. Acknowledge Horseshoe Quarterly report.

Presented by Ken Olson, Horseshoe Director. Commissioner Ramsey asked about the outstanding balance due. There was some discussion about damage caused by an RV. Commissioner Somers suggested to just move forward because it is a “he said she said” issue.

Motion that we acknowledge the Horseshoe quarterly report.

Motion by: Sanchez Seconded by: Anderson Exhibit: 410-417

For: All (5) Against: None Abstaining:

26. Discuss and take action on updated Horseshoe Marketing Manager job description. Presented by Ken Olson, Horseshoe Director.

Motion that we approve the updated Horseshoe Marketing Manager job description.

Motion by: Sanchez Seconded by: Anderson Exhibit: 418-421

For: All (5) Against: None Abstaining:

27. Discuss and take action on pricing at Horseshoe.

Tabled.

28. Discuss and take action on MOU with Texas Legal Services Center – Virtual Court Access Project.

Presented by Debbie Garza, Library Director. The County Attorney has reviewed the contract. Texas Legal Services Center will provide the kiosk.

Motion to sign the MOU between Midland County Law Library and the Texas Legal Services Center – Virtual Court Assess Project.

Motion by: Ramsey Seconded by: Somers Exhibit: 422-427

For: All (5) Against: None Abstaining:

10:25 a.m. take a 10-minute break.

10:40 a.m. back into Regular Session.

Recall item 21

29. Discuss and take action change order with Henthorn Commercial Construction for Facilities Warehouse.

Presented by Andrew Avis, Public Works Road Administrator.

Motion to approve the change order to Henthorn Commercial Construction for the Midland County Facilities Warehouse.

Motion by: Ramsey Seconded by: Sanchez Exhibit: 428-435

For: All (5) Against: None Abstaining:

30. Discuss and take action on easement renewal with TARGA.

Presented by Andrew Avis, Public Works Director.

Motion to authorize the County Judge to sign the agreement with TARGA.

Motion by: Somers Seconded by: Ramsey Exhibit: 436-442

For: All (5) Against: None Abstaining:

31. Discuss and take action on closing documents for purchase of property at 608 Main St.

Presented by Andrew Avis, Public Works Director and Wes Gotcher, Moriah Brokerage Services, LLC. There are some quotes and some estimates. $500,000.00 to get the building serviceable and up to code. December 4th is when we need to close. Veronica Morales, Auditor and Russell Malm, County Attorney, joined the conversation.

Motion to execute the closing documents for the purchase at 608 Main St. purchase and to make a $2.3 million payment on December 4, 2024.

Motion by: Ramsey Seconded by: Somers Exhibit: 443-589

For: All (5) Against: None Abstaining:

32. Discuss and take action on mowing contract with Toby Robertson. Presented by Jesse Furguson, Public Works Capital Projects Manager.

Motion to authorize the County Judge to sign the mowing contract with Toby Robertson.

Motion by: Somers Seconded by: Ramsey Exhibit: 590-611

For: All (5) Against: None Abstaining:

33. Discuss and take action on change order with Jones Bros. for potholing services on CR 1130.

Presented by Jesse Furguson, Public Works Capital Projects Manager.

Motion to approve the change order to Jones Bros. for potholing services on the reconstruction of CR 1130.

Motion by: Somers Seconded by: Ramsey Exhibit: 612-617

For: All (5) Against: None Abstaining:

34. Discuss and take action on change order with Reece Albert, Inc. for Occidental Parkway Extension.

Presented by Jesse Furguson, Public Works Capital Projects Manager.

Motion to approve the change order to Reece Albert for additional 2 inches HMA to Occidental Parkway extension.

Motion by: Somers Seconded by: Ramsey Exhibit: 618-619

For: All (5) Against: None Abstaining:

35. Discuss and take action on Right-of-Way and Roadway dedication from Desert Scene Addition S2 plat.

Presented by Jesse Furguson, Public Works Capital Projects Manager.

Motion that we approve the right-of-way and roadway dedication from Desert Scene Addition S2 plat.

Motion by: Sanchez Seconded by: Anderson Exhibit: 620

For: All (5) Against: None Abstaining:

36. Discuss and take action on deed agreements and payments for purposes of purchasing Right-of-Ways for reconstruction of WCR 160.

Presented by Jesse Furguson, Public Works Capital Projects Manager.

Motion to execute the deed agreements with Pollard, Smith, Cazedessus, and Mizzles for reconstruction of WCR 160.

Motion by: Ramsey Seconded by: Sanchez Exhibit: 621-653

For: All (5) Against: None Abstaining:

37. Discuss and take action on Lucas Addition plat.

Presented by Joe Thomason, Public Works Road Administrator. Andrew Avis, Public Works Director, joined the conversation. 317 lots.

Motion to approve the Lucas Addition plat.

Motion by: Ramsey Seconded by: Somers Exhibit: 654-657

For: All (5) Against: None Abstaining:

38. Discuss and take action on road variance for Lucas Addition.

Presented by Joe Thomason, Public Works Road Administrator. Andrew Avis, Public Works Director, joined the conversation. There was some discussion about caliche roads.

Motion to approve the road variance for the Lucas addition.

Motion by: Ramsey Seconded by: Somers Exhibit: 658

For: All (5) Against: None Abstaining:

39. Discuss and take action on M3 Landscaping Agreement.

Presented by Eddie Melendez, Facilities Director. This is a budgeted item. Commissioner Ramsey asked about exhibit A, which has nothing on it. Tabled. No action taken.

40. Discuss and take action on disposal services for SWAT and LEB.

Presented by Eddie Melendez, Facilities Director. M&M does not do contracts. Commissioner Ramsey stated the documents presented are incomplete. Tabled. No action.

41. Discuss and take action on purchase of boiler for Library at the Plaza.

Presented by Eddie Melendez, Facilities Director. This is to replace a failing boiler. Quote from Reece for $13,771.69.

Motion to approve the purchase of the boiler for the Library at the Plaza.

Motion by: Somers Seconded by: Ramsey Exhibit: 659-660

For: All (5) Against: None Abstaining:

42. Discuss and take action repainting entry fence at Cemetery.

Presented by Eddie Melendez, Facilities Director. Quote from Ward Painting Inc. for $18,600.00. This is a budgeted item.

Motion that we approve repainting entry fence at the Cemetery.

Motion by: Sanchez Seconded by: Ramsey Exhibit: 661-662

For: All (5) Against: None Abstaining:

43. Discuss and take action on contract amendment 7 for LEB Crime Lab Renovation. Presented by Eddie Melendez, Facilities Director. This is a budgeted item. Motion that we approve the contract amendment 7 for LEB Crime Lab renovations.

Motion by: Sanchez Seconded by: Ramsey Exhibit: 663-664

For: All (5) Against: None Abstaining:

44. Discuss and take action on Fleet Maintenance Vehicle Decommission Policy. Presented by Eddie Melendez, Facilities Director.

Motion that we approve the Fleet Maintenance Vehicle Decommission Policy.

Motion by: Anderson Seconded by: Sanchez Exhibit: 665-669

For: All (5) Against: None Abstaining:

45. Discuss and take action on Moriah Brokerage Services request of commission transaction for 801 Golf Course.

Presented by Eddie Melendez, Facilities Director. They are requesting the first month’s rent for their commission. Tabled. No action taken.

46. Discuss and take action on invoices for Detention Center.

Presented by Eddie Melendez, Facilities Director. Past due invoice since 2023 from Johnson Controls in the amount of $414.00 and $8,274.24 for a total due of $8,688.24. They have been turned over to a collection agency. Tabled. No action taken. Exhibit: 670-674

47. Discuss and take action repainting Auditor’s Office.

Presented by Veronica Morales, Auditor. Quote from Double LTD. in the amount of $13,571.00 to repaint the whole office. There are funds in the Auditors’ office to pay for this.

Motion to paint the Auditors office with money from her office.

Motion by: Ramsey Seconded by: Somers Exhibit: 675-676

For: All (5) Against: None Abstaining:

48. Discuss and take action on Texas Air Systems HVAC maintenance agreements.

Presented by Eddie Melendez, Facilities Director. This is a budgeted item. This is for the entire County. Quote $149,130.06. Tabled. No action taken.

49. Discuss and take action on check receipt for $6,500.00 from PBRPC.

Presented by Justin Bunch, Emergency Management Coordinator. This check is from the Permian Basin Commission.

I say we approve the check for $6,500.00 from PBRPC.

Motion by: Anderson Seconded by: Sanchez Exhibit: 677-679

For: All (5) Against: None Abstaining:

50. Discuss and take action on use of funds from PBRPC for EOC furnishings of future training and operations.

Presented by Justin Bunch, Emergency Management Coordinator. I would like these funds to go toward future furnishings. Veronica Morales, Auditor and Russell Malm, County Attorney, joined the conversation. Judge Johnson stated that he would like the funds to go into the general fund like other offices. Javier Chacon, IT Director, joined the conversation. Tabled. No action taken. Exhibit: 680

51. Discuss and take action on budget amendment of funds from PBRPC. Tabled.

52. Discuss and take action allowing Emergency Management to use County credit card for YouTube TV subscription that is replacing Direct TV.

Presented by Justin Bunch, Emergency Management Coordinator.

Motion that we approve allowing Emergency Management to use County credit card for YouTube TV subscription that is replacing Direct TV.

Motion by: Anderson Seconded by: Sanchez Exhibit: 681

For: All (5) Against: None Abstaining:

53. Discuss and take action on Emergency Management vehicle assignment allowing Jamie Jewett to use unit 60137 as a take home vehicle.

Presented by Justin Bunch, Emergency Management Coordinator.

Motion allowing Jamie Jewet to use the unit 60137 as a take home vehicle.

Motion by: Ramsey Seconded by: Somers Exhibit: 682

For: All (5) Against: None Abstaining:

54. Discuss and take action on vendor approval.

Presented by Kristy Engeldahl, Purchasing Agent. MW Builders has changed their name to Cerris Builders.

Motion that we approve the new vendor Cerris.

Motion by: Anderson Seconded by: Sanchez Exhibit: 683-688

For: All (5) Against: None Abstaining:

55. Discuss and take action on order form with Airespring.

Presented by Javier Chacon, IT Director. They would like to change the digital lines back to copper lines with Airespring.

Motion that we approve the order form for Airespring.

Motion by: Anderson Seconded by: Sanchez Exhibit: 689-691

For: All (5) Against: None Abstaining:

56. Receive update on TechShare.

Presented by Commissioner Ramsey. They have a new Executive Director. Their projects are coming to fruition. They are doing well. Due to Commissioner Ramsey leaving at the end of the year, the Court will need to appoint someone else to the board. Exhibit: 692-697

57. Discuss and take action on refund from Techshare.

Presented by Commissioner Ramsey. Years ago. $677,558.38 on balance in account. We will get a refund after paying operational cost for the next 3 years.

Motion that with the $677,558.38 on account we designate $86,841.38 for the next 3 years product and ask that they return the $ 590,717.38.

Motion by: Johnson Seconded by: Somers Exhibit: 698

For: Somers, Johnson Against: None Abstaining: Ramsey Sanchez, Anderson

58. Discuss and take action on salary for PIO position.

Presented by County Judge Johnson.

Motion that we approve the salary on the PIO position to an 18/ 8.5.

Motion by: Sanchez Seconded by: Anderson Exhibit: 699-702

For: All (5) Against: None Abstaining:

59. Discuss and take action on payment and agreement with Permian Basin Medical Center to provide funding for county road to be built at the Beacon project near the intersection of State Highway 191 and Farm-to-Market Road 1788.

Presented by County Judge Johnson and Russell Malm, County Attorney.

Motion to approve the agreement and payment of $11.1 million for the road with Permian Basin Medical Center.

Motion by: Ramsey Seconded by: Somers Exhibit: 703-709

For: All (5) Against: None Abstaining:

60. Discuss and take action on agreements and payment of budgeted funds to approved non-profit organizations.

Presented by Jenny Hilton, County Court Administrator.

Motion to approve the agreements with Midland Rape Crisis Center in the amount of $20,000.00 and also Midland Humane Coalition in the amount of $75,000.00 and approving payment of both amounts.

Motion by: Ramsey Seconded by: Somers Exhibit: 710-716

For: All (5) Against: None Abstaining:

61. Conduct Executive session pursuant to Texas Government Code Section 551.074 to discuss personnel matters.

9:14 a.m. going into Executive Session.

9:41a.m. back into Regular Session.

Recall item 6.

11:36 a.m. Go into Executive Session.

11:4 5 a.m. Back into Regular Session.

Call item 62.

62. Discuss and take action hiring Risk Manager.

Hold for Executive Session.

Presented by Eddie Melendez, Facilities Director.

Motion that we approve Ms. Carol O’Shaughnessy at a grade 20 as the new County Risk Manager.

Motion by: Sanchez Seconded by: Anderson Exhibit: 717-720

For: All (5) Against: None Abstaining:

63. Discuss and take action on Canvass of November 5, 2024 General Election. (10:00 a.m.)

Presented by Rosa Olgin, Elections Administrator. Commissioner Anderson asked about the ballots for the MISD election issues that were reported in the newspaper. Ms. Olgin explained the wrinkling issues and the machines.

Motion that we acknowledge the election results.

Motion by: Anderson Seconded by: Ramsey Exhibit: 721-774

For: All (5) Against: None Abstaining:

Call item 22.

64. Discuss and take action hiring HR Director.

Presented by County Judge Johnson.

Motion that we hire Lindsy Smith as the new HR Director and the amount is a grade 33 step 5.

Motion by: Sanchez Seconded by: Anderson Exhibit:

For: All (5) Against: None Abstaining:

Call item no 8.

65. Adjourn.

Motion to adjourn.

Motion by: Ramsey Seconded by: Somers Exhibit:

For: All (5) Against: None Abstaining:

Adjourn at 11:49 a.m.

https://www.co.midland.tx.us/AgendaCenter/ViewFile/Minutes/_11192024-451

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