Midland County Commissioners Court met June 26

Midland County Commissioners Court met June 26.

Here are the minutes provided by the court:

Be it remembered that on Monday the 26th day of June 2023 at 9:00a.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; - didn’t return after lunch break.

Dianne Anderson, County Commissioner Precinct No. 4

Recorded by Alison Haley, County Clerk

1. Call to Order.

2. Invocation given by Pastor Pat Bryant, Travis Baptist Church.

3. Pledges of Allegiances.

4. Acknowledge I.M.P.A.C.T.S. of the Month Honoree, Daniel Subia, with Sheriff’s Office.

Robert Segura, HR Director read the nomination for Sgt. Daniel Subia. I.M.P.A.C.T.S of the month honoree for June. No action taken. Exhibit: 13-14

5. Acknowledge Monthly Report for JP 3.

Presented by Judge Susan Rayos, Justice of the Peace Precinct 3.

Motion to acknowledge the Monthly Report for JP Precinct 3.

Motion by: Sanchez Second by: Anderson Exhibit: 15-38

For: All (5) Against: None Abstaining:

Go to item 8.

6. Conduct Executive session pursuant to Texas Government Code Section 551.074 to discuss personnel matters. (will be called at 9:15 a.m.)

9:20 a.m. go into Executive Session.

10:30 a.m. back into Regular Session.

Went to item 7.

Recalled by County Judge Johnson.

2:10 p.m. go into Executive Session.

2:34 p.m. back into Regular Session

Recalled item 19.

7. Discuss and take action on Horseshoe Director position.

Motion that we hire Ken Olson to be the Director for the Horseshoe starting July 15th and a salary of $127,237.33 grade 30 step 8.

Motion by: Anderson Second by: Ramsey Exhibit: 39-40

For: Ramsey, Somers, Sanchez, Anderson Against: Johnson Abstaining:

Recalled item 8 and item 9.

8. Receive presentation from Kasey Kelly on Midland County Fair.

Presented by Paula Morrison, President of the Executive Board of Directors for the Midland County Fair. Zan Matthies, Historian for the Midland County Fair addressed the court. Kasey Kelly Allen Executive Director Midland County Fair stated that they would prefer to move forward with a 1-year contract. Dan Corrales, Treasurer of Midland County Fair addressed the court and stated they have been good stewards of their funds. Kristen Quine Machen expressed the benefit of the County Fair and the Bull riding event in memory of her brother Chase Quine. Exhibit: 41-42

Go to item 6.

9. Discuss and take action on Memorandum of Understanding for Midland County Fair.

Kacey Kelly Allen and Dan Corrales addressed the alcohol sales with the Court. After further discussion amongst the court members, Russell Malm, County Attorney stated that they should consider tabling this item until next court when the MOU discussed can be presented.

10. Discuss and take action on Office of Detention Services Intergovernmental Agreement.

Presented by Sheriff David Criner. $44 to $104 per inmate. Veronica Morales, Auditor answered the courts questions about how they arrived at $104.00 per inmate.

Motion that we change the daily rate from $44 to $104 per inmate on the Office of Detention Services Intergovernmental Agreement.

Motion by: Sanchez Second by: Anderson Exhibit: 43-64

For: All (5) Against: None Abstaining:

11. Discuss and take action on Cybercheck Case End User Agreement.

Presented by Lt. Chris Fuentes and Sgt. Daniel Subia.

Motion for Sheriff Criner to sign the Cybercheck Case End User Agreement.

Motion by: Ramsey Second by: Somers Exhibit: 65-74

For: All (5) Against: None Abstaining:

12. Discuss and take action on additional funds for CID Overtime Salary.

Presented by Lt. Chris Fuentes and Sgt. Daniel Subia. We are requesting an additional $20,000.00 to cover CID overtime salary.

Motion to put $20,000.00 in the overtime salary line for the Midland County Sheriff’s office CID from salary contingency.

Motion by: Ramsey Second by: Somers Exhibit: 75

For: All (5) Against: None Abstaining:

13. Acknowledge donation of a 2019 Big Bend 24’ metal top gooseneck stock trailer for Mounted Patrol from Mabee Ranch.

Presented by Sheriff Criner and Inv. Johnny Rodriguez. $19,000.00 estimated value.

Motion to acknowledge the donation of the 2019 Big Bend 24’ metal top gooseneck stock trailer valued at approximately $19,000.00 for the Mounted Patrol from Mabee Ranch.

Motion by: Somers Second by: Ramsey Exhibit: 76-82

For: All (5) Against: None Abstaining:

14. Acknowledge Sheriff’s Office Report for May 2023.

Presented Sheriff Criner.

Motion to acknowledge the Midland County Sheriff’s Office May 2023 report.

Motion by: Ramsey Second by: Somers Exhibit: 83-87

For: All (5) Against: None Abstaining:

15. Acknowledge detention fees for May 2023.

Presented by Sheriff Criner.

Motion we acknowledge detention fees for May 2023.

Motion by: Anderson Second by: Sanchez Exhibit: 88-89 

For: All (5) Against: None Abstaining:

16. Discuss and take action on personnel memoranda.

Presented by Sara Gray. Commissioner Anderson pointed out a transfer and the salary amount is incorrect. Sara Gray stated that it is a typo.

Motion that we accept the personnel memoranda.

Motion by: Anderson Second by: Ramsey Exhibit: 90-91

For: All (5) Against: None Abstaining:

17. Discuss and take action on Treasurer’s Reports for March and April 2023.

Presented by Sara Gray

Motion to acknowledge the Treasurer’s Reports for March and April 2023.

Motion by: Somers Second by: Sanchez Exhibit: 92-100

For: All (5) Against: None Abstaining:

18. 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: Sanchez Second by: Anderson Exhibit: 101-113

For: All (5) Against: None Abstaining:

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

Presented by Veronica Morales, Auditor. There is one wire transfer for the Tax office. There was one exception.

Motion to pay all bills and wire transfers.

Motion by: Ramsey Second by: Somers Exhibit: 114-123

For: All (5) Against: None Abstaining:

Go to item 44.

Item 19 recalled at the Auditors request.

Since the court has given a public purpose for the coins for the warrants department the Auditor would like to get that invoice paid in the amount of $723.00. Judge Johnson stated that we need a policy on coins.

Motion to pay all bills.

Motion by: Ramsey Second by: Somers Exhibit: 114-123

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

Go to item 45.

20. Discuss and take action on use of Horseshoe for 4H/FFA on June 27, 2023.

Presented by Commissioner Ramsey.

Motion that the 4H/FFA have use of the livestock barn for steer/heifer validation.

Motion by: Ramsey Second by: Sanchez Exhibit: 124-126

For: All (5) Against: None Abstaining:

21. Acknowledge Summary of All Collections for May 2023.

Presented by Karen Hood.

Motion to acknowledge Summary of all collections for May 2023.

Motion by: Somers Second by: Ramsey Exhibit: 127-128

For: All (5) Against: None Abstaining:

22. Discuss and take action on curbside voting sign polls at County vote centers – Annex.

Presented by Carolyn Graves, Elections Administrator.

Motion allowing the polls for curbside voting at the County voting centers.

Motion by: Ramsey Second by: Somers Exhibit: 129-132

For: All (5) Against: None Abstaining:

23. Discuss and take action declaring challenge coins a public purpose for Warrants Services.

Presented by Chief Scott Casbeer. Russell Malm, County Attorney answered the courts questions.

Motion declaring a public purpose for the challenge coins for Warrants Services. For good will.

Motion by: Ramsey Second by: Somers Exhibit: 133-134

For: Ramsey, Somers, Sanchez, Anderson Against: Johnson Abstaining:

24. Discuss and take action increasing prices for Veterans spouses’ lots, opening and closing of graves, Indigent payout to Funeral Homes, and Disinterment.

Presented by David Sapp, Cemetery Director. Mr. Sapp discussed the requested increase that he presented to the court in the attached exhibit.

Motion that we increase prices for the Veterans spouses’ lots, opening and closing of graves, Indigent payout to Funeral Homes, and Disinterment.

Motion by: Anderson Second by: Somers Exhibit: 135-136

For: All (5) Against: None Abstaining:

25. Discuss and take action on Grant Award for Texas State Library & Archives Commission in the amount of $72,076.00.

Presented by Matt Glazer, Associate Library Director. Veronica Morales, Auditor addressed the courts questions.

Motion to accept the grant award from Texas State Library & Archives Commission in the amount of $72,076.00.

Motion by: Anderson Second by: Sanchez Exhibit: 137-140

For: All (5) Against: None Abstaining:

26. Discuss and take action on budget amendment for Grant Award in the amount of $72,076.00.

Presented by Matt Glazer, Associate Library Director.

Motion on the budget amendment for Grant Award in the amount of $72,076.00.

Motion by: Anderson Second by: Sanchez Exhibit: 141-142

For: All (5) Against: None Abstaining:

Go to item 37.

27. Discuss and take action on renewal of Employee Assistance Program, services for Midland County employees.

Presented by Robert Segura, HR Director.

Motion to authorize the County Judge to sign the renewal of Employee Assistance Program services for Midland County employees.

Motion by: Somers Second by: Anderson Exhibit: 143-144

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

28. Discuss and take action on out-of-state travel for Robert Segura to attend SHRM Conference in Washington, D.C., September 7-8, 2023.

Presented by Robert Segura, HR Director. This is an invite only event.

Motion to allow H.R. Director Robert Segura to attend invite only SHRM Executive live Network Conference September 7-8 in Washington, D.C.

Motion by: Ramsey Second by: Somers Exhibit: 145-163

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

29. Acknowledge Rebate Check from Ricoh.

Presented by Jamie Swing, Assistant Purchasing Agent. $750.00 check. Motion we acknowledge rebate check from Ricoh.

Motion by: Anderson Second by: Ramsey Exhibit: 164-166

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

30. Discuss and take action on award of RFP 23MCO608 Cemetery & Fertilizer Applications for Cemetery.

Presented by Jamie Swing, Assistant Purchasing Agent. We recommend awarding to M3 Landscape in the amount of $41,500.00.

Motion to award of RFP 23MCO608 Cemetery & Fertilizer and Weed killer to M3 Landscape in the amount of $41,500.00.

Motion by: Ramsey Second by: Somers Exhibit: 167-169

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

31. Discuss and take action on Total Office Solutions Supplies Agreement.

Presented by Jamie Swing, Assistant Purchasing Agent.

Motion to sign the Total Office Solutions agreement for 3 years for HP toner.

Motion by: Ramsey Second by: Somers Exhibit: 170-180

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

32. Discuss and take action on purchase of Animal Control vehicle.

Presented by Jamie Swing, Assistant Purchasing Agent. This is not a budget item.

Motion to approve the purchase of the Animal Control vehicle from Lake Country Chevrolet for $108,603.50 and to move $108,604.00 from contingency to purchase capital outlay vehicles.

Motion by: Somers Second by: Ramsey Exhibit: 181-182

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

33. Acknowledge damage and fleet accident reports for May 2023.

Presented by Ken Colston, Risk Management.

Motion to acknowledge the fleet accident report for May 2023.

Motion by: Ramsey Second by: Somers Exhibit: 183-192

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

34. Discuss and take action on Hazard Mitigation Grant Program Award Letter and Terms & Conditions.

Presented by Jamie Jewett, Emergency Management. We have received the award letter. This is a 90/10 match. The 10% is $8,831.00 per Veronica Morales, Auditor.

Motion to have the County Judge sign the Hazard Mitigation Grant Program Award Letter and Terms & Conditions.

Motion by: Ramsey Second by: Somers Exhibit: 193-252

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

35. Discuss and take action on proposed remediation of County Yard at 2435 E. Hwy 80.

Presented by Ken Colston, Risk Management. Lone Star Hazmat bid $13,000.00 to clean up the yard completely except for the emulsion tanks. The County Judge mentioned having a policy in place for future use.

Motion to approve the proposed remediation of the County Yard at 2435 E. Hwy 80.

Motion by: Somers Second by: Ramsey Exhibit: 253-254

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

36. Discuss and take action going out for bid to clear and farm 234 acres for potential new jail.

Presented by Andrew Avis, Public Works Director. Discuss possibly leasing the land as a dry land farm.

Motion to go out for bid for clearing and farming the 234 acres intended for the potential new jail.

Motion by: Ramsey Second by: Somers Exhibit: 255

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

Go to item 39.

37. Discuss and take action on potential purchase of caliche pit along south draw for drainage improvement with Moriah Group.

Presented by Andrew Avis, Public Works Director. This is giving Public Works the permission to go into negotiations to purchase a piece of property.

Motion that we look at the potential purchase of caliche pit along south draw for drainage improvement with Moriah Group and start negotiations.

Motion by: Sanchez Second by: Ramsey Exhibit: 256-260

For: All (5) Against: None Abstaining:

38. Discuss and take action on change order with Danny’s Asphalt to widen roadway of WCR 114.

Presented by Jesse Ferguson, Project Manager. This is an existing road.

Motion that we approve the change order with Danny’s Asphalt to widen roadway of WCR 114 and 349.

Motion by: Sanchez Second by: Anderson Exhibit: 261-263

For: All (5) Against: None Abstaining:

11:56 a.m. break for lunch and return at 1:30 p.m.

1:30 p.m. back into Regular Session. Commissioner Sanchez did not return. Go to item 27.

39. Discuss and take action on proposal from Parkhill to perform survey on new LEB property.

Presented by Andrew Avis, Public Works Director.

Motion to proceed with the proposal from Parkhill to perform survey on new LEB property.

Motion by: Anderson Second by: Ramsey Exhibit: 264-267

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

40. Discuss and take action on Work Authorization for Parkhill to perform design services on Ft. Worth St. reconstruction.

Presented by Andrew Avis, Public Works Director. We will handle the engineering only.

Motion to authorize the County Judge to sign Work Authorization with Parkhill to perform design services on Ft. Worth St. reconstruction.

Motion by: Anderson Second by: Somers Exhibit: 268-279

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

41. 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.

Request for designation of location for crossing of a Midland County Texas road:

1. WTG Gas Gathering Company, LLC on Yukon.

2. Enterprise Navitas Midstream Midland Basin LLC on ECR 230.

Motion to approve all.

Motion by: Ramsey Second by: Somers Exhibit: 280-288

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

42. Discuss and take action keeping budget open in New World during period when the County Judge has the budget.

Commissioner Ramsey suggested that the budget remain open in New World while the budget is being built. County Judge expressed why he would like to keep it closed and he will keep it closed regardless of the vote. It’s my budget leave me alone. Russell Malm, County Attorney stated that it is the Judges budget, and he can do what he wants. No action taken. Exhibit: 289

43. Discuss Demonstration Policy at Midland County Courthouse.

County Judge Johnson stated that he would like to have a policy in place. There is not a policy in place. There have been protests in different areas around the Courthouse. This will be brough back to the next court. Exhibit: 290-291

Recall item 6

44. Discuss and take action on mural design in Lobby of Courthouse.

Janet Pontious, Mural Artist presented a portfolio of previous works and a sketch of the proposed mural. Commissioner Anderson asked about the story behind the design. Ms. Pontious stated it is to depict how we got to where we are today. Commissioner Sanchez stated there is an area that needs to be removed. County Judge Johnson stated that he believes our history is our history and we can’t erase our history. Veronica Morales, Auditor stated that we do not have a contract or agreement with the artist. Jenny Hilton, County Court Administrator stated there is no agreement. County Judge stated that it would be better for us to rent a scissor lift for the artists to use. Eddie Melendez, Facilities Director addressed the questions about the scissor lift. Commissioner Anderson stated that she will not vote in favor of this item because she does not believe that we need a mural in the Courthouse.

Motion to approve the mural design subject to the change on the lower left-hand quadrant of the mural.

Motion by: Ramsey Second by: Sanchez Exhibit: 292-294

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

Go to item 20.

45. Adjourn.

Motion to adjourn.

Motion by: Ramsey Second by: Somers Exhibit:

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

Adjourn at 2:35 p.m.

A Meeting of the Midland County Commissioners Court will be held on Monday, July 10, 2023 on or after 9:00 a.m., in the Commissioners Courtroom, located at the Midland County Courthouse, 500 North Loraine Street, Midland, Texas.

https://www.co.midland.tx.us/AgendaCenter/ViewFile/Minutes/_06262023-395