MINUTES OF MEETING OF THE COMMISSIONERS COURT OF MIDLAND COUNTY, TEXAS

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1 MINUTES OF MEETING OF THE COMMISSIONERS COURT OF MIDLAND COUNTY, TEXAS BE IT REMEMBERED THAT ON THE 9 th DAY OF MAY, 2011 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: Cheryl Becker, Midland County Clerk 1. Invocation. Invocation given by Commissioner Smith. 2. Pledges of Allegiance. 3. Discuss and take action approving Court Minutes from April 25, Acknowledge Sgt. Tom Elder of the Midland County Sheriff s Office Detention Division on his retirement after 23 years. Sheriff Painter presents Sgt. Tom Elder on his retirement of 23 years. Commissioner Prude presents Sgt. Elder with his plaque and thanks him for his service. 5. Discuss and take action on reappointing Mr. Alan Moravcik to the Midland County Housing Authority. Judge Bradford states that Mr. Moravcik has been a tireless worker and hopes the Court will support his reappointment. Motion to reappoint Mr. Alan Moravcik to the Midland County Housing Authority. Motion by: Donnelly Second by: Prude Exhibit: 6. Discuss and take action on donation of display cases to the Midland County Historical Museum in honor of Donna Kay Stephens by the Texas Department of Assistive and Rehabilitative Blind Services. Judge Bradford states that Pat McDaniel called and the Historical Museum has great plans for these cases and asks the Court to accept the donation. On behalf of the Court, Commissioner Prude would like to accept the donation. 7. Discuss and take action authorizing the County Judge to sign a contract with Texas Workforce Commission for the Constable Precinct 4 for background checks. Russell Malm states that this is for the Constable to do background checks on people Constable Hall has had this contract for a while. Sheriff Painter asks about joining in this contract as well, Constable Hall states that it is open to anyone who needs to use it at

2 the cost of $375 per quarter payable to the State of Texas. Constable Hall requests that the Sheriff send him an and he will get him on to the system. Motion that we continue using this program and it s use for up to 10 people in law enforcement. 8. Acknowledge the Quarterly Investment Report. Mitzi Wohleking presents the Quarterly Investment Report. Motion by: Prude Second by: Sanchez Exhibit: Discuss and take action on a member of the County Judge s Office, 238 th District Court and the 441 st District Court to attend the National Association of Court Management conference in Las Vegas, Nevada, July 10-14, Judge Bradford states this is for Whitney Hyde, Cindy Hall, and Nancy Berdoza. 10. Discuss and take action on Midland County Burn Ban. Dale Little requests that on the expiration of the burn ban, which is May 12 th, it be extended for another 90 days. 11. Acknowledge $10,000 donation from COG Operating to Midland County Emergency Management. Dale Little states this is a restricted donation with a request that we provide something like a dinner for the Fire Departments and they can use the balance for other projects. Also, two oil companies have provided replacement fire trucks for Greenwood and Northeast Volunteer Fire Departments. 12. Acknowledge $500 check from Johnson County for the Midland County Sheriff s Office Mounted Patrol. Sheriff Painter states they are going to put on a training for the Mounted Patrol and this is a donation for that event. Motion by: Smith Second by: Sanchez Exhibit:

3 13. Acknowledge the Midland County Sheriff s Office monthly fees. Sheriff Painter presents the monthly fees Discuss and take action on overtime for Sheriff s Office employees for weekend work to relocate warrants. Sheriff Painter states this is a result of an audit by DPS on Criminal Justice Information System (CJIS). When a subject is wanted the Sheriff s Office must have in their possession the original warrant at the point where they make the reply. They have 10 minutes to respond, failure to respond can mean that they can lose their access to TCIC and NCIC. They are requesting that the original warrants be moved to Records, however, they don t have enough people to work this and they need help on the weekends. They are requesting that employees be allowed to work the weekends until everything is moved from Warrants section to Records. Judge Bradford asks Sheriff Painter for a copy of the report from DPS stating that they are not in compliance and he would like to see what DPS says why we are out of compliance. Judge Bradford asks how much money are they talking about and how long, Sheriff Painter states that there is $3,000 budgeted for overtime. Mitzi Wohleking states they need to stipulate if it is overtime paid for time and a half for hours paid over 40 hours a week. Motion to approve for time and a half over 40 hours for hours worked Discuss and take action on Auditor s report on the Warrants Department. Veronica Morales states that the audit of the Warrants Department they found some inconstancies and request that there be written procedures in place. Motion that we accept the Auditor s report on the Warrants Department with the written procedures received in two weeks. Motion by: Donnelly Second by: Sanchez Exhibit: Discuss and take action on Pretrial Bonding. No discussion. 17. Discuss and take action on redistricting. Judge Bradford states we are in total compliance with the tests both State and Federal. Redistricting does need to be on the record of the Court as to it s decision. Motion that we accept not to redistrict as we are in compliance. 18. Discuss and take action on Leadership Texas event. Judge Bradford states that we have committed to the event and there is a public good we can host these people for a breakfast in the amount of $1,200. This is not coming out of property tax money it may come out of sales tax or vending.

4 Motion that we host the Leadership Texas and it does serve a public purpose. 19. Discuss budget hearings and procedures. May 17 th through 18 th will be budget hearings. Judge Bradford presents the Legislative updates, also states we have a credit rating of AAA, and the Midland County Courthouse will be featured in the Texas Association of Counties Magazine. 20. Acknowledge donations to the Midland County Library. Diana Decker presents the donations for the Library, a $300 donation from Robert F. Campbell to the Petroleum Department, $63.66 donated anonymously, 2 area rugs donated from the Friends of the Library to the Children s Department, 96 books, 4 DVD s and 1 VHS tape. Move for acceptance. Motion by: Donnelly Second by: Sanchez Exhibit: 21. Discuss and take action on Commissioners Court and Building policies. Nothing 22. Discuss and take action on the new Midland County Courthouse. Commissioner Smith states nothing. 23. Discuss and take action on fleet accidents. Dale Little states there were three issues. 24. Take action acknowledging personnel memoranda. Mitzi Wohleking states nothing out of the ordinary. Lakesha Hackett, Chase Holt, Mayra Flores, Tim Long, Maggie Ramirez, Rick Strange, Diana Truitt, Erin Vigil, Claude Jewett, Frank Ortega, Dedrette Poe, Irma Reyes, Hector Sotelo, Evangelina Pena, Jennifer Levan, Vickie Oritiz, John Trischitti, Raye Lynn White. Motion by: Prude Second by: Sanchez Exhibit: Discuss and take action on budget line-item transfers. Veronica Morales states #1 Non-Department Misc. into Membership and Dues for $50; #12 from Facilities to purchase atomic clocks; #5 Court Appointed Attorney from the Courts at Law into 318 th District Court; #4 this is a transfer in the 441 st District Court from Court Appointed Attorney s to Capital Outlay <$5000. Non-Departmental, 238 th District Court, District Clerk, 441 st District Court, 318 th District Court and CCAL #1 & CCAL #2, Midland County Sheriff s Office, Pretrial Bonding, Extension, Road & Bridge, Midland County Sheriff s Office Administration, Risk Management, Facilities. Motion to approve all line-item transfers.

5 Motion by: Prude Second by: Sanchez Exhibit: Move that we set aside $1,200 for Leadership Texas host out of Misc. Non-Departmental this is for a public good. Motion by: Donnelly Second by: Prude Exhibit: 26. Discuss and take action on bills and wire transfers. Facilities exception no explanation Tim Harris states he doesn t know why this was done without a PO. Motion to approve paying all bills and wire transfers. Motion by: Prude Second by: Smith Exhibit: 27. Take action on submitted applications for permits to use County right-of-way for utility and line installations, driveway construction and mailbox construction. Request for Designation of Location for Crossing of a Midland County, Texas Road by Atmos Energy at WCR 128 and SCR Permit to Construct Driveway Facilities on County Right-of-Way by Gerardo Garcia at ECR 60. Permit to Construct Driveway Facilities on County Right-of-Way by Onyx Contractors on Airline Road. Motion to accept. Motion by: Smith Second by: Prude Exhibit: Ten minute break and then into Executive Session at 10:25 a.m. back in open 11:47 a.m. 28. Conduct Executive session pursuant to Texas Government Code Section to consult with County Attorney regarding pending and prospective litigation and other matters. 29. Conduct Executive session pursuant to Texas Government Code Section to discuss personnel matters. 30. Conduct Executive session pursuant to Texas Government Code Section to deliberate the purchase, exchange, lease, or value of real property. 31. Conduct Executive session pursuant to Texas Government Code Section to discuss security devices. 32. Take action on Executive Session matters. Motion to authorize the County Judge to sign the consent for access to the property as defined as a County Right-of-Way by the EPA. Motion by: Sanchez Second by: Smith Exhibit: Move to have Pricilla Bonilla be assigned as interim Office Manager at Pretrial Bonding until the next Court Session. Motion by: Donnelly Second by: Prude Exhibit:

6 Motion in regard to accident that had taken place totaling a pick-up with the funds coming out of Risk Management. Motion to pay Melinda Warren car rental due to damage to her vehicle in the amount of $ out of Risk Management. Motion by: Prude Second by: Sanchez Exhibit: Motion to adjourn Adjourned at 11:56 a.m. The next Regular meeting for the Commissioners Court will be held on Monday, May 23, 2011, at 9:00 a.m., in the Commissioners Courtroom, 500 North Loraine St., Midland County Courthouse Auxiliary Courtroom. I, Cheryl Becker, Midland County Clerk certify that this is an accurate accounting of the proceedings of the Commissioners Court meeting during the term of May, Cheryl Becker, Midland County Clerk