Midland County Commissioners Court met Jan 21.
Here are the minutes provided by the court:
Be it remembered that on Tuesday the 21st day of January 2025 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
CHARLES HALL, County Commissioner Precinct No. 1
JEFF SOMERS, County Commissioner Precinct No. 2
STEVEN VILLELA, 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 David Hall from Midland Bible Church.
3. Pledges of Allegiances.
4. Discuss and take action on reimbursement from employee morale fund for food purchased for retirement party on December 12, 2024.
Presented by Judge John Barton, Justice of the Peace Precinct 4 and Kendy Colson, JP 2 and 4 Court Administrator.
Motion to approve the reimbursement of $200.00 from the employee morale fund for food purchased for retirement party on December 12, 2024.
Motion by: Somers Seconded by: Hall Exhibit: 13-15 For: All (5) Against: None Abstaining:
5. Discuss and take action moving Justice Court Alternative Sentencing budget and supervision from JP 2 to JP 4.
Presented by Judge John Barton, Justice of the Peace Precinct 4. Commissioner Hall stated they should wait until the new Justice of the Peace Precinct 2 can join the conversation. Judge Barton explained the need for the move and how it was assigned to Justice of the Peace Precinct 2 originally. Judge Subia described her needs. Yadi Bilik, the soon to be sworn in Justice of the Peace Precinct 2, requested that it be tabled until she has been sworn in.
Motion to table.
Motion by: Villela Seconded by: Hall Exhibit: 16
For: All (5) Against: None Abstaining:
6. Discuss and take action on funds to cover items for new Justice of the Peace, Yadi Billeck.
Presented by Judge John Barton, Justice of the Peace Precinct 4. Requesting $5,000.00. for the new Justice of the Peace Precinct 2. Kendy Colston, JP2 and 4 Court Administrator joined the conversation.
Make a motion that we move this from contingency to the JP court, $2,500.00 for printing, $2,100.00 for office supplies, and $400.00 for a phone.
Motion by: Hall Seconded by: Villela Exhibit: 17-19
For: All (5) Against: None Abstaining:
7. Discuss and take action on purchase of 2024 GMC Sierra 1500 from Sheriff’s Chapter 59 State Forfeiture funds.
Presented by Sheriff Criner. This vehicle will be purchased with Chapter 59 State Forfeiture funds for Sheriff’s Office Administration.
Motion to approve the purchase of the 2024 GMC Sierra 1500 from Sewell Cadillac Buick GMC of Midland from the Chapter 59 State Forfeiture funds for Sheriff’s Office Administration.
Motion by: Somers Seconded by: Villela Exhibit: 20-21
For: All (5) Against: None Abstaining:
8. Acknowledge Racial Profiling report for FY2024.
Presented by Sheriff Criner.
Motion to acknowledge the Racial Profiling report for FY2024.
Motion by: Somers Seconded by: Anderson Exhibit: 22-31
For: All (5) Against: None Abstaining:
Call item 38.
9. 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 court minutes from December 17 & 23, 2024 and January 7 & 10, 2025.
d. Acknowledge monthly reports for Constable Pct 1.
e. Acknowledge monthly & annual reports for Constable Pct 4.
f. Acknowledge monthly reports for JP 2 and JP 4.
g. Acknowledge monthly reports for JP1.
h. Acknowledge monthly reports for JP3.
i. Acknowledge monthly report for Warrant Services.
j. Acknowledge required annual meeting of the Investment Advisory Committee, adopt investment policy and adopt list of qualified brokers per Texas Government Code Chapter 2256.
k. Acknowledge completion of required training for Midland County Investment Officer and Treasurer for 2024.
l. Acknowledge C&W fee collection report.
m. Acknowledge Detention fees report.
n. Acknowledge Summary of All Collections for Tax Office.
o. Discuss and acknowledge Biennial UAS report for County Fire Marshal. Presented by County Judge Johnson.
Motion to approve consent agenda.
Motion by: Somers Seconded by: Anderson Exhibit: 32-251
For: All (5) Against: None Abstaining:
10. 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: 252-262
For: All (5) Against: None Abstaining:
11. Discuss and take action on bills and wire transfers.
Presented by Veronica Morales, Auditor. There were a few exceptions brought to the Courts attention for no purchase order. 2 additional bills, Burns architecture for $4,889.00 and Parkhill for $2,050.00.
Motion we approve all bills and wire transfers.
Motion by: Anderson Seconded by: Villela Exhibit: 263-273
For: All (5) Against: None Abstaining:
12. Discuss and take action on payment of monthly Blue Cross Blue Shield (BCBS) invoices.
Presented by Sara Gray, Treasurer. This will be on a monthly cycle. TAC stated that Local Government Code 113.047 will allow us to do this.
Motion we approve the monthly Blue Cross Blue Shield payment of invoices based on Local Government Code 113.047.
Motion by: Anderson Seconded by: Villela Exhibit: 274
For: All (5) Against: None Abstaining:
13. Discuss and take action on Grant application #5320101 for Victim’s Assistance Restitution Specialist.
Presented by Glenn Harwood, District Attorney and Jana Anderson, District Attorney Office Manager. $56,228.34 plus 20% cash match of $14,057.09 Total $70,285.43. The Judge then called item 15. Discuss and take action on resolution letter for Grant #5320101. The motion was made under item 15.
14. Discuss and take action on CEO/Law Enforcement Certification and Assurance Form for Grant #5320101.
Presented by Glenn Harwood, District Attorney.
Motion we approve the CEO/Law Enforcement Certification Assistance form for Grant # 5320101.
Motion by: Anderson Seconded by: Villela Exhibit: 275-276
For: All (5) Against: None Abstaining:
15. Discuss and take action on resolution letter for Grant #5320101.
Motion that we approve grant application #5320101 for Victims Assistance Restitution Specialist and allow the Judge to sign the resolution letter for Grant #5320101.
Motion by: Anderson Seconded by: Villela Exhibit: 277-279
For: All (5) Against: None Abstaining:
16. Discuss and take action on Axon Master Services and Purchasing Agreement.
Presented by Constable Jamie Hall, Precinct 4. County Attorney Russell Malm explained that this service agreement would cover any other office that wants anything from Axon.
Move that we approve the Axon Master Services and Purchasing Agreement for body cams.
Motion by: Anderson Seconded by: Villela Exhibit: 280-320
For: All (5) Against: None Abstaining:
17. Discuss and take action on purchase of Axon Body Cameras for Constables. Presented by Constable Scott Casbeer, Precinct 2. He does have funds. Motion to approve the purchase of Axon Body camera for Constable Precinct 2.
Motion by: Somers Seconded by: Villela Exhibit: 321
For: All (5) Against: None Abstaining:
18. Discuss and take action on inventory and missing equipment for Constable Pct 3.
Presented by Constable Jerry Cook II, Precinct 3. There were a few guns missing from the inventory list. The only gun he has control and custody of is the Springfield. Kristy Engeldahl, Purchasing Agent joined the conversation. Commissioner Hall suggested Constable Cook could reach out to ATF in Lubbock to track it.
No action taken. Exhibit: 322-330
19. Receive report on upcoming events and programs pertaining to The Amazing Castle traveling exhibit.
Debbie Garza, Library Director and Annie Sahli, Library Exhibits Coordinator presented the Amazing Castle traveling exhibit. Exhibit: 331-337
20. Discuss and take action on increase in pay for Jon Floyd at the Tax Office.
Presented by Mary Helen Bowers, Tax Assessor Collector. Requesting a salary adjustment for Jon Floyd, Motor Vehicle Supervisor. She would like him to be a grade 15 step 7.5. They have the funds in her budget. Sara Gray, Treasurer stated that this request is above what the policy allows. Veronic Morales, Auditor joined the conversation.
Motion to do Jon Floyd from grade 15 6.5 to grade 15 7.5 effective today.
Motion by: Villela Seconded by: Somers Exhibit: 338
For: All (5) Against: None Abstaining:
21. Discuss and take action on MS4 Annual Report and Cover Letter. Presented by Andrew Avis, Public Works Director. This is a cleanup item. Move we authorize the Judge to sign the MS4 annual report and cover letter.
Motion by: Anderson Seconded by: Villela Exhibit: 339-364
For: All (5) Against: None Abstaining:
22. Discuss and take action on requested variances for Richland Addition.
Presented by Andrew Avis, Public Works Director. This is a pending plat in Precinct 1. They want the roads to be caliche and 6 inches not 11 inches. They will be privately maintained.
Motion to approve the requested variances of 6 inches not 11 for Richland addition.
Motion by: Somers Seconded by: Johnson Exhibit: 365-367
For: Somers, Johnson Against: Hall, Villela Abstaining:
Anderson
Motion failed.
Motion for the variance to allow caliche road.
Motion by: Villela Seconded by: Somers Exhibit: 365-367
For: All (5) Against: None Abstaining:
23. Discuss and take action on change purchase orders with Edgardo Madrid & Associates for installation of water and sewer lines to LEB.
Presented by Andrew Avis, Public Works Director.
Move we approve the change purchase orders for Edgardo Madrid & Associates for installation of water and sewer lines to LEB.
Motion by: Anderson Seconded by: Somers Exhibit: 368-373
For: All (5) Against: None Abstaining:
24. Discuss and take action on deed agreement and payment with It’s a Brick-House, LLC.
Presented by Jesse Ferguson, Public Works Capital Projects Manager. This is for the widening of WCR 160.
Motion that we fix up the deed agreement and payment with Brick-House, LLC.
Motion by: Hall Seconded by: Villela Exhibit: 374-384
For: All (5) Against: None Abstaining:
25. Discuss and take action on drainage easement agreement and payment with Randy Correa.
Presented by Jesse Ferguson, Public Works Capital Projects Manager. This is a part of the west county drainage project. Andrew Avis, Public Works Director, joined the conversation.
Motion that we accept the agreement and payment with Randy Correa for $19,477.00.
Motion by: Hall Seconded by: Somers Exhibit: 385-389
For: All (5) Against: None Abstaining:
26. Discuss and take action on bonds for new JP 2 and Public Works Administrator. Presented by Carol O’Shaughnessy, Risk Manager.
Motion that we approve bonds for new JP 2 and Public Works Administrator.
Motion by: Anderson Seconded by: Villela Exhibit: 390-403
For: All (5) Against: None Abstaining:
27. Acknowledge quarterly report for Fire Marshal.
Presented by Justin Bunch, Fire Marshal. Commissioner Hall asked for a monthly report on the environmental guys.
Motion to acknowledge quarterly report for the Fire Marshal.
Motion by: Somers Seconded by: Anderson Exhibit: 404-408
For: All (5) Against: None Abstaining:
28. Discuss and take action on hotel rate above per diem.
Presented by Justin Bunch, Emergency Management Coordinator. OSSF designated representative course in San Antonio, Texas. Hotel rate is $2.12 above per diem.
Motion for approval of a per diem increase to $162.06.
Motion by: Villela Seconded by: Hall Exhibit: 409-418
For: All (5) Against: None Abstaining:
29. Acknowledge donations for October, November and December, 2024 for the Horseshoe.
Presented by Ken Olson, Horseshoe Director. $396.92 total donated through the ticketing program for October, November and December. Commissioner Anderson mentioned possibly removing this option.
Motion to acknowledge donations for October, November and December 2024 for the Horseshoe of $396.92.
Motion by: Somers Seconded by: Hall Exhibit: 419-422
For: All (5) Against: None Abstaining:
30. Discuss and take action on award for RFP 24MCO638 Rebid Grant Writer and Administrator.
Presented by Kristy Engeldahl, Purchasing Agent. Recommendation is to award this to Logistic Specialties. There was some discussion. Veronica Morales, Auditor joined the conversation.
Motion we award Logistic Specialties RFP 24MCO638 Rebid Grant Writer and Administrator.
Motion by: Villela Seconded by: Somers Exhibit: 423-426
For: All (5) Against: None Abstaining:
31. Discuss and take action on RFQ for Civil Engineer.
Presented by Kristy Engeldahl, Purchasing Agent.
Motion we approve RFQ for Civil Engineers.
Motion by: Anderson Seconded by: Villela Exhibit: 427
For: All (5) Against: None Abstaining:
32. Discuss and take action on RFP for new jail sewer.
Presented by Kristy Engeldahl, Purchasing Agent. Public Works have indicated they are ready to move forward with permanent sewer lines. Andrew Avis, Public Works Director, joined the conversation.
Motion that we go for RFP for new jail sewer.
Motion by: Villela Seconded by: Anderson Exhibit: 428
For: All (5) Against: None Abstaining:
33. Discuss and take action on RFP for Janitorial Services at LEB.
Presented by Kristy Engeldahl, Purchasing Agent.
Motion that we go out for RFP for Janitorial Services at the LEB.
Motion by: Somers Seconded by: Villela Exhibit: 429
For: All (5) Against: None Abstaining:
34. Discuss and take action RFP for dirt moves at the Horseshoe.
Presented by Kristy Engeldahl, Purchasing Agent. Currently using Silverado. County Attorney Russell Malm joined the conversation.
Motion that we go out for RFP for dirt movers at the Horseshoe.
Motion by: Villela Seconded by: Anderson Exhibit: 430
For: All (5) Against: None Abstaining:
35. Discuss and take action on two appointments from Midland County to serve on the TIRZ Board.
Commissioner Anderson stated that she would like to serve on the TIRZ board.
Motion we appoint Commissioner Anderson and Commissioner Somers to the TIRZ board.
Motion by: Villela Seconded by: Johnson Exhibit: 431
For: All (5) Against: None Abstaining:
36. Acknowledgement of property tax payment reminder sent by Perdue Brandon.
Commissioner Anderson expressed her gratitude that Perdue Brandon issued property tax payment reminders. No action taken. Exhibit: 432
37. Discuss and take action on resignation from Motran Board and replacement.
Commissioner Anderson is resigning from the Motran Board and a replacement is needed.
Motion that we accept Commissioner Andersons resignation from the Motran Board and be replaced by Commissioner Villela.
Motion by: Anderson Seconded by: Villela Exhibit: 433
For: All (5) Against: None Abstaining:
38. Discuss Animal Services Advisory Commission Committee.
Presented by Commissioner Anderson. Jordan McFadden, Animal Control Officer presented a report from the beginning of October. Judge Johnson would like the court to come up with a policy to deal with the stray animals in the county. Russell Malm, County Attorney, joined the conversation. Lt. Hain stated how helpful Jordan McFadden, Animal Control Officer has been for the Sheriff’s Office. Sheriff Criner echoed the great job Jordan has been doing. Exhibit: 434
Call item 9
39. Discuss and take action on JP Bailiff salary.
Hold for Executive Session.
Motion that we move the Bailiff’s salary to an 18.4.
Motion by: Hall Seconded by: Somers Exhibit: 435
For: All (5) Against: None Abstaining:
40. Discuss and take action on clear bag policy for Horseshoe.
Presented by Commissioner Hall and Ken Olson, Horseshoe Director. Without this policy, outside alcohol is coming into the Horseshoe. Commissioner Anderson stated that she is against this policy. Judge Johnson stated that this is not the policy to curb underage alcohol abuse at events. Tabled. No action taken. Exhibit: 436-437
41. Discuss and take action on service of civil papers.
Commissioner Hall stated that years ago the Commissioner Court told the District Clerk not to send civil papers to the Constables. He would like us to go back to what the law says. There was a discussion with the County Attorney, Russell Malm. Alison Haley, County Clerk and Constable Jamie Hall, Precinct 4 joined the conversation. No action taken. Exhibit: 438-439
42. Discuss and take action on fees for Rhea Lana’s events.
Presented by County Judge Johnson. There was a large increase in her current contract.
Motion that we honor her last year’s fee of $18,515.00 for this Springs event.
Motion by: Johnson Seconded by: Anderson Exhibit: 440-447
For: All (5) Against: None Abstaining:
43. Discuss and take action canceling membership with Texas Library Association. Presented by County Judge Johnson.
Motion that we cancel our membership with Texas Library Association.
Motion by: Johnson Seconded by: Anderson Exhibit: 448
For: All (5) Against: None Abstaining:
44. Discuss and take action hiring HR Director.
No action taken. Exhibit: 449
45. Conduct Executive session pursuant to Texas Government Code Section 551.071 to consult with Attorney regarding pending and prospective litigation and other matters.
46. Conduct Executive session pursuant to Texas Government Code Section 551.074 to discuss personnel matters.
47. Conduct Executive session pursuant to Texas Government Code Section 551.072 to deliberate the purchase, exchange, lease, or value of real property.
48. Conduct Executive session pursuant to Texas Government Code Section 551.0725 to deliberate business and financial issues relating to contracts being negotiated.
10:53 a.m. take a break and go into Executive Session.
12:23 p.m. back into Regular Session.
Call item 44 and 39.
49. Adjourn.
Motion to adjourn.
Motion by: Villela Seconded by: Anderson Exhibit:
For: All (5) Against: None Abstaining:
Adjourn at 12:24 p.m.
https://www.co.midland.tx.us/AgendaCenter/ViewFile/Minutes/_01212025-457