MINUTES OF MEETING OF THE COMMISSIONERS ... - Midland County

MINUTES OF MEETING OF THE COMMISSIONERS COURT OF MIDLAND COUNTY, TEXAS BE IT REMEMBERED THAT ON THE 28th DAY OF SEPTEMBER, 2009 AT 9:00 A.M. A MEETING OF THE COMMMISSIONERS COURT WAS CALLED TO ORDER AT THE COMMISSIONERS COURT OF MIDLAND COUNTY, TEXAS. THE FOLLOWING MEMBERS WERE PRESENT: MIKE BRADFORD – County Judge JIMMY SMITH – Commissioner, Precinct 1 ROBIN DONNELLY-Commissioner, Precinct 2 LUIS SANCHEZ –Commissioner, Precinct 3 RANDY PRUDE – Commissioner, Precinct 4 Recorded by: Ana Almuina, Assistant Chief Deputy Clerk 1. Invocation. The invocation was given by Sheriff Painter. 2. Pledges of Allegiance. 3. Discuss and take action approving Court Minutes from September 14, 2009. Move for approval of Court Minutes. Motion by: Donnelly For: All

Second by: Sanchez Against:

Exhibit: Abstaining:

4. Discuss and take action on the Midland Emergency Communications District Budget for 2010. Joyce Britcher, Director for Midland Emergency Communications District, presents the budget before the Court with no increase and service fees. The fees remain the same as established in 1998 which are as follows: .55 cents for residential rate and $1.15 for business rate. In the budget for special projects we have software that takes aerial and dimensional overview which will show additional details to emergency responders for better access to roads; it will also provide other pieces of information to keep the emergency responders and the citizens safe. It is a one time expense with annual maintenance. This software will be shared with other agencies throughout the county including the Appraisal District, the City and the Emergency Management. Motion on item #5. 5. Discuss and take action reappointing Charlie Jones to the MECD Board of Managers. Joyce Britcher relays that Charlie Jones has been with the MECD since 2003 and has agreed to stay for another 2 year term, if it pleases the Court. Motion that we approve both the budget and the re-appointment of Charlie Jones. Motion by: Prude For: All

Second by: Smith Against:

Exhibit: 11-18 Abstaining:

6. Discuss and take action on covering of electronic monitoring cost for the remainder of the fiscal year and identify a funding source. Tim Long states that he needs money to finish out this fiscal year. There is no line item transfers inside operation that are available, there may be some left in different places, but it is not known where until the end of the year. In talking to the Veronica Morales, it seems that the funds may have to come out of Contingency. Tm Long relays they were not expecting to be averaging over 100 monitors a month; it has doubled in a year.

Veronica Morales states that he has $8,000.00 in Capital Outlay in his budget that hasn’t been used. In Contingency the current fund balance is $90,414.00. Motion that we approve this with the first amount of $8,000.00 from Capital Outlay and the remaining $12,000.00 from Contingency. Motion by: Prude For: All

Second by: Donnelly Against:

Exhibit: 19 Abstaining:

7. Discuss and take action on a member of IT and four members of the District Attorney’s Office on travel to Ft. Worth, Texas, on September 8 – 9, 2009, for a review of the Tarrant County Software. Teresa Clingman states that the request was not approved by the Court at an earlier date when the District Attorney’s Office needed to go to Tarrant County there was no Commissioners Court meeting. In addition, Teresa mentions she forgot that approval was needed from the Court, so she is bringing it before the Court now. She mentions she has a contract for Russell Malm to review after she makes some changes to it. Move that we grant permission from the Court, for the travel to Tarrant County to review this software. Motion by: Donnelly For: All



8. Discuss and take action on purchase of District Attorney Software from Tarrant County. Teresa Clingman states, there is $200,000.00 in the District Attorney budget for this software which she would like to encumber. Ms. Clingman states they have a system which will not only cover us, but will enhance what the Justice of the Peace and the Clerk’s Offices will have in addition to what they currently have, and a Court Management System if the Courts decide they would like to use it, all this software for $150,000.00. We will use the other $50,000.00 to do a conversion of records and do fit gap. Judge Bradford relays there are two improvements that are secured in the new agreement: 1. The updated version, so it will be current state of the art software when we get it. 2. We have two years to use the software at our leisure and if we do not like the software, then we may return it and the total price will be pro-rated per month for a two year period and they will refund us the balance. Move that we encumber the budget for $200.00.00 to cover the budget for software and services from Tarrant County District Office. Motion by: Donnelly For: All



9. Discuss and take action authorizing the County Judge to sign a contract with Nexus Recovery Center for the placement of juveniles. Adolfo Salcido states this is a new contract With Nexus Recovery Center that will provide services for substance abuse, needs that some of female offenders do have. Russell Malm relays he has approved the contract and it will include contact information. Motion to approve County Judge to sign a contract with Nexus Recovery Center for the placement of juveniles with the correction of address. Motion by: Smith For: All



10. Discuss and take action authorizing a member of the Human Resources Department to travel to New Orleans, Louisiana, October 25-29, 2009 for a Public Risk Management Institute.

Holly Ingmire states she has budget funds and is asking for the Courts approval of out of state travel. Motion that we authorize Holly to travel to New Orleans, October 25-29 for Public Risk Managements Institute. Motion by: Smith For: All



11. Discuss and take action on setting the 2009 – 2010 Commissioners Court dates and locations. Judge Bradford states we have a meeting date after Christmas and the holidays this year will be December 24-27. We have a meeting scheduled on December 28, 2009, although we need to be flexible about that date we will get that date clarified and posted properly. The suggested locations are the Midland County Courthouse, Midland County Historical Courthouse, County Annex, the Horseshoe, Road and Bridge Department, the County Library (Central or Branch). Motion to approve the 2010 Midland County Holidays and the additional holidays, the Court dates and the locations. Motion by: Smith For: All



12. Discuss and take action setting the 2010 Midland County Holidays. Motion to approve the holidays as listed. Motion by: Prude For: All



13. Discuss and take action on the County and District Clerk’s Fees of Court for August, 2009. Ana Almuina presents the fees. Motion to approve. Motion by: Prude For: All



14. Discuss and take action authorizing the County Judge and Commissioners to sign the affidavit of May, June and July 2009 financial statements. Veronica Morales presents May, June, and July financial statements. As of July 31st granted no accruals, the year end spending is at $47 million dollars for our fund balance in General Fund. In addition, as of that date there are revenues of $41 million dollars and expenses of $29 million dollars. Veronica states these are accurate on a cash basis. Motion to authorize County Judge and Commissioners to sign the affidavit of May, June and July 2009 Financial Statements. Motion by: Smith For: All



15. Discuss and take action on request from Texas Commission on Law Enforcement Officer Standards and Education to use the Horseshoe Education Building on Thursday, November 12. Judge Bradford relays that this is a request by a State agency to hold the meeting and not pay the rent for the meeting, which means we would handle it internally on the marketing side with Dooley Management. Constable Hall is the Chairman, of Texas Commission on Law Enforcement Officer Standards and Education.

Move that we approve the request from Texas Commission on Law Enforcement Officer Standards and Education to use the Horseshoe Education Building on Thursday, November 12, free of charge. Motion by: Donnelly For: All



16. Discuss and take action authorizing purchase of dressing room for the Horseshoe ($14,590). Tim Harris relays, the Court requested drawings and he has now furnished those. Commissioner Sanchez states he did table it last time, he relays he went to check on the location and asked the manager of the Horseshoe how many times has this been brought up, Rick Woody states a few. Commissioner Sanchez states that he doesn’t know if this is a need or a want and is still not convinced on the dressing room. Judge Bradford states that it has been requested 2-3 times recently and one of the promoters has brought six concerts to us and has asked for this. Commissioner Sanchez states that he has asked if they decided to wait on this would it turn away some of the customers and he was provided the answer no it would not. Tim Harris states that the sound system will be moved in the new budget year moving it from downstairs to upstairs. Commissioner Donnelly states he is concerned about not doing the work for the dressing room. Mr. Donnelly believes this will make the marketing of the Horseshoe a little more appetizing for certain promoters. Judge Bradford states when we looked at the usage of that facility we purposely left it out because we did not see it as a concert venue, but we have discovered that it is a concert venue. Commissioner Sanchez states that there is one shower and Mr. Woody says yes it is across the livestock building. Judge Bradford asks Mr. Harris if the $14,590.00 is budgeted and Tim states yes. Veronica Morales asks where is it budgeted from, no answer given. Make a Motion that we authorize the purchase of the dressing room for the Horseshoe. Motion by: Prude For:

Second by: Donnelly Against: Sanchez


17. Discuss and take action on extension of the Correctional Healthcare Management Contract for Inmate Medical Services. Bob Henderson relays that the documents presented are the actual contract with option to renew it for another year. There has been an adjustment for costs of living for medical services everything else is going down. Judge Bradford states it was budgeted for $618,717.00 revised number is $615,548.40. Sheriff Painter states he has been very satisfied with their performance and recommends approval. Motion to approve Correctional Healthcare Management contract for $615,548.40. Motion by: Donnelly For: All



18. Discuss and take action on approving definition of “First Responders.” Judge Bradford states definition of first responders comes from Section 421.095 of Texas Government Code. First responders definition is “public safety employer or volunteer whose duties include to respond rapidly to an emergency, a peace officer, fire protection, volunteer fire firefighter, (they have to be certified by Texas Commission of fire protection and a member of an organized group), and an individual certified as an emergency medical services personnel.” Commission Smith asks how are elected officials how are they covered as a first responder, and Dale Little states Elected Officials are covered under Chapter 418 of

the Texas Government Code which is under the Emergency Management and are considered “First Responders.” Motion that we approve the definition of “First Responders” as listed in our agenda. Motion by: Prude For: All



19. Receive reports, discuss and take action, if necessary, on H1N1 Flu. Sal Garcia, Director of Midland Health Department relays that the Department has extended its hours, staying open later for immunizations for kids and adults. Mr. Garcia states their Educational Campaign stared in June now that H1NI is worldwide and they are working on preventing it. The Department has been working with the community on education of the flu and how to help prevent the flu and how what to do should you come down with it. The Department has been educating the business community that it they have an employee who comes down with the flu then send them home. Commissioner Sanchez asks Mr. Garcia about alerting their Spanish speaking community and Mr. Garcia states that they have informed the public through the City of Midland, on their website and through the media also. Dale Little presents Gerald Damm with the State Department of Health; Mr. Damm states that they support the work of Midland Health Department and other Departments. Mr. Damm can be reached at 571-4103 telephone number and 5714141 fax. 20. Discuss and take action authorizing the County Judge to sign an Interlocal Agreement with Hood County for the EZ Kiosk system. Judge Bradford states he has talked with the Judge in Hood County who has asked to piggy back on our contract. Russell Malm has reviewed it and is ok with this. Judge Bradford states they have substantial confidence that the process we want to take does not breach any state rules. It could be recommended to the Court to approve. Move to authorize the County Judge to sign an Interlocal Agreement with Hood County for the EZ Kiosk system. Motion by: Donnelly For:



21. Discuss and take action on 441st District Court. Judge Bradford states we have been waiting on the U.S. Justice Department to authorize or challenge the 441ST District Court. We have a few days left the Court is moving ahead as if the Court will go into action on October 1st. Judge Satterwhite is prepared to take his oath on October 1. The 441st District Court will be located in the Commissioners Court until the new courtroom is built in the Heritage building. 22. Discuss Library Consultant. Commissioner Sanchez relays he has been talking to Denise at the Library to get some numbers, and feels he is not receiving information he is requesting. Commissioner Sanchez located a website, The Texas Public Library Statistic, detailing every library in the State of Texas. Commissioner Sanchez feels that by hiring a consultant to do an audit we could get a better idea of where we stand. Holly Ingmire relays that June Garcia and Sandra Nelson, which are both Texas Librarians, are very familiar with our data base and could write reports for us. Judge Bradford states the state requires you to spend more money to get certain grants, and that’s not what we chose to do this year. Judge Bradford requests Commissioner Donnelly and Commissioner Sanchez to get together and get a list of definitive questions that the Court wants answered.

Exhibit: 50-53

23. Discuss and take action on approving the plat and accepting the roads of Bonito Estates. Commissioner Donnelly states that Road and Bridge did a test of the roads and they passed the inspection we are in a position to approve the plat and accept the roads into our system. Motion to approve the plat and accept the roads into Bonito Estates. Motion by: Donnelly For: All



24. Discuss and take action on renewal of Stop Loss Insurance, effective 10/1/09, and authorize the County Judge to sign the contract. Stacey Minton with Boon-Chapman Insurance relays there are different stop loss deductible options: (1.) The County’s current medical plan has a specific stop loss deductible of $100,000.00 per covered person. (2.) If you would renew at the current specific deductible your increase cost would be just under $30,000.00 in fixed cost. (3.) Stacey recommends the Specific Options for $125,000 in an effort to minimize any increase in fixed costs. Ms. Minton recommends we renew with Symetra the company the County is currently using at $125,000 per individual with decreased fixed costs of over $54,000 and renew the organ transplant program. Veronica Morales states that we have $395,000 in the fund balance and we’re not through with the year or done any of the accrual for the year. Mitzi Wohleking states we won’t have a surplus after September 30, 2009 in our health care fund. Judge Bradford asks Mitzi if we’re happy with what we have and Mitzi states yes no problems with Symetra. Commissioner Prude asks about the financial effect of the clinic and its over-all cost, Steve Gauen states that he will present a report during the first quarter of next year. Mr. Gauen states Care Here will present a report in April and we won’t see a significant reduction in the inflation rate this will take two to three years to see a reduction. Motion that we renew with Symetra at $125,000 level. Motion by: Prude For: All



25. Discuss and take action on Heritage Building. Commissioner Smith states there is nothing at this time. 26. Discuss and take action on fleet accidents. Nothing at this time. 27. Take action acknowledging personnel memoranda. Mitzie Wohleking states nothing out of the ordinary there was some overtime that was paid by grants. Roger Basaldua, Misty Baugh, Claude Jewett, Veronica Diaz, Slater Mason, Daniel Natividad, Michelle Vera, April Dennis, Rusti Kinsey, Charles Lindley, Stephen Gibson, Glenn Hatton, Deborah Bedingfield, John Maynard, Greg Galvan, Ray Meek. Motion to acknowledge. Motion by: Prude For: All


28. Discuss and take action on budget line-item transfers.


Veronica Morales states line item transfer #18 out of the Sheriff’s Office Detention brings money out of the Capital Outlay Equipment that is to cover Out Placement Services and inmate food supplies which are needed. Commissioner Sanchez asks regarding the following line items: Line item #5, on the 142nd District Court, we have education and training contract service what is it for? Mrs. Morales states contract services is to pay the bailiffs. Line item #6, to pay for telephone, is it for cell phone or land line, Veronica states she doesn’t know. Line item #8, from the 238th District Court for Education and Training, money spent on Publications, what are these publications for, Veronica states she does not know. Commissioner Sanchez state he will pass line item transfers this time but he would like to encourage everyone to put explanations. County Judge, Facilities, District Court, 142nd District Court, 142nd District Court, 238th District Court, 238th District Court, District Attorney-General, County Court at Law #2, County Clerk, County Clerk, Justice of the Peace, Pct. 1, Justice of the Peace, Pct. 3, Justice of the Peace, Pct. 3, Sheriff’s Office-Administration, Sheriff’s Office-Administration, Sheriff’s Office-Detention, Sheriff’s Office-Detention, Horseshoe, District Attorney-Fee Account, Sheriff’s Office-Courthouse Security, Motion to approve line-item transfers. Motion by: Smith For: All



29. Discuss and take action on bills and wire transfers. Veronica relays she has exceptions: 1. Check request from someone from Juvenile Detention who purchased volleyball from Wal-Mart but did not go through the correct purchasing procedure for $10.00. 2. Information Systems to pay for invoice to ISI in the amount of $3,403.00 this invoice, was automatically generated and sent by the vendor. 3. Coyote Spring Printing and Custom Embroidery, vendor was supposed to send quote but went ahead and ordered items without PO in the amount of $421.87 out of Facilities. 4. Petro Communications for Sheriff Administration for $107.00, blanket PO had been turned in. 5. Anthony Mechanical Services for Sheriff’s Office Detentions-$315.00 regarding air conditioner at the downtown tank. Motion to pay the bills including exceptions. Motion by: Prude For: All



30. Take action on submitted applications for permits to use county right-of-way for utility and line installations, driveway construction and mailbox construction. Permit to Construct Driveway Facilities on County Right-of-Way by Michael K. Davis at 2801 SCR 1069. Permit to Construct Driveway Facilities on County Right-of-Way by Michael K. Davis at 2804 SCR 1068. Request for Designation of Location for Crossing of a Midland County, Texas Road by Endeavor Energy Resources, L.P. at SCR 1040. Request for Designation of Location for Crossing of a Midland County, Texas Road by Endeavor Energy Resources, L.P. at SCR 1020. Permit to Construct Driveway Facilities on County Right-of-Way by Scott Dickerson at ECR 107. Request for Designation of Location for Crossing of a Midland County, Texas Road by Endeavor Energy Resources, L.P. at ECR 190. Permit to Construct Driveway Facilities on County Right-of-Way by Nancy Marshall at SCR 1184. Request for Designation of Location for Crossing of a Midland County, Texas Road by Teppco Crude Pipeline, LLC. at SCR 1160.

Permit to Construct Driveway Facilities on County Right-of-Way by Gerardo Robles Garcia at CR 60E. Request for Designation of Location for Crossing of a Midland County, Texas Road by Endeavor Energy Resources, L.P. at SCR 1160. Permit to Construct Driveway Facilities on County Right-of-Way by George L. Williams at 1306 W CR 114. Motion by: Donnelly Second by: Prude Exhibit: 82-104 For: All Against: Abstaining: ADDENDUM 1. Discuss and take action on hiring temporary clerk for two weeks for Justice of the Peace Precinct 3 to assist with clerical backlog. Judge Johnson relays he is in need for a temporary clerk for two weeks. The monthly OCA reports are not being correctly reported this clerk will go back to January 1, 2007 pull the files and properly enter the dispositions into the report. Commissioner Sanchez states they have been looking at these figures since February, Arden Rainey from Judge Cobos office helped Judge Johnson’s office to find these errors. Judge Johnson states he will bring back to Commissioners Court the reports to show the work has been done; in addition he will review numbers before the reports come to Commissioners Court. Motion to hire temporary clerk for two weeks for Justice of the Peace, Precinct 3 to assist with clerical backlog that we just talked about at $14.30 per hour for 80 hours for total price of $1,144 from Salary Contingency effect October 1, 2009 for 2009 2010 budget year, the purpose of this is to clarify the reporting to the Office of Court Administration. Motion by: Sanchez For: All



31. Conduct Executive session pursuant to Texas Government Code Section 551.071 to consult with County Attorney regarding pending and prospective litigation and other matters. 32. Conduct Executive session pursuant to Texas Government Code Section 551.074 to discuss personnel matters. 33. Conduct Executive session pursuant to Texas Government Code Section 551.072 to deliberate the purchase, exchange, lease, or value of real property. 34. Conduct Executive session pursuant to Texas Government Code Section 551.076 to discuss security devices. 35. Take action on Executive Session matters. Going into Executive Session at 11:22 a.m. back in Open Session at 11:54 a.m. Move for adjournment. Motion by: Donnelly For: All


Exhibit: Abstaining.

The next regular meeting for the Commissioners Court will be held on MONDAY, October 12, 2009, at 9:00 a.m., in the Commissioners Courtroom, 2110 North A Street, Midland County Courthouse Annex. I, Ana Almuina, Assistant Chief Deputy Clerk certify that this is an accurate accounting of the proceedings of the Commissioners Court meeting during the term of September, 2009.

___________________________________________ Ana Almuina, Assistant Chief Deputy Clerk

MINUTES OF MEETING OF THE COMMISSIONERS ... - Midland County

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