MINUTES OF MEETING OF THE COMMISSIONERS COURT OF MIDLAND COUNTY, TEXAS BE IT REMEMBERED THAT ON THE 13 TH DAY OF DECEMBER, 2010 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: Coleen White, Chief Deputy County Clerk 1. Invocation. Invocation given by Commissioner Sanchez 2. Pledges of Allegiance. 3. Discuss and take action approving Court Minutes from November 10 & 22, 2010. Motion to approve. Motion by: Prude Second by: Sanchez Exhibit: 4. Acknowledge Valerie Brady, Midland County Employee of the Year for 2010. Holly Ingmire presented Valerie Brady as Employee of Year award and a check for $300 and a certificate of Resolution. Veronica Morales, County Auditor relayed she is very proud to have Valerie in her department. She is very pleasant to work with and helpful with all departments. Motion by: Sanchez Second by: Donnelly Exhibit: 5. Discuss and take action authorizing the County Judge to sign a plat for the Brooks Addition in Midland County.
Commissioner Luis Sanchez states Terry Burks is requesting approval of a plat in the Brooks Addition that has 11 lots and lots 4 and 5 are in zone A which is a flood zone located at WCR 150 and Cotton Flat Road. Felipe Acosta states there is a road coming in from WCR 150 between lots 3 and 4 that can avert all water to the low area on lots 4 and 5 in the flood zone. By doing this the other property owners will be able to get to their lots. Terry Burks states a detailed description will be written on the warranty deed referencing the flood zone A on lots 4 and 5. Motion to authorize the County Judge to sign a plat for the Brooks Addition in Midland County with recommendation that seller be sensitive to the flood area especially lots 4 and 5. Amended motion to authorize the County Judge to sign a plat for the Brooks Addition in Midland County recommended that the seller have deed restrictions that will outline a no billed area especially lots 4 and 5. Motion by: Second by: Exhibit: 6. Acknowledge Midland High School Football team for their 2010 season. Commissioner Prude presented the Midland High School Bulldogs Football team representatives and coaches a certificate of Recognition of Outstanding Achievement for the 2010 football season. Coach Yenzer introduced the five seniors; Blaze Wooten, Jason Vasquez, Ty Wilson, Kerry Woods, and Blair Beck. Motion to acknowledge. Motion by: Prude Second by: Sanchez Exhibit: 7. Receive introduction of new Midland Fire Chief, Robert Isabel. Fire Marshall Dale Little introduced Midland Fire Chief Robert Isabel who is coming to Midland from Euless, Texas. Chief Isabel relays he is happy to be here and his wife and two daughters will be here soon. Motion by: Second by: Exhibit:
8. Discuss and take action on implementation of a Midland County Burn Ban. Fire Marshall Dale Little relays we are at 500 on the fire index, it s very dry and windy here we have gone approximately 87 days without rain. The Texas Forrest Service sends out daily reports and I recommend we implement a burn ban today for 90 days. Motion made to take action on implementation of a Midland County Burn Ban today for 90 days. Motion by: Smith Second by: Prude Exhibit: 481 9. Acknowledge Mary Steed from the Sheriff s Office Records Section for 8 years with Midland County on her Retirement. Sheriff Painter acknowledges Mary Steed an outstanding employee retiring from his Records Section for eight years service with Midland County. Commissioner Prude presents a plaque for Recognition of Retirement to Mary Steed. Motion by: Second by: Exhibit: 10. Acknowledge Greg Galvan from the Sheriff s Office Criminal Investigations Section for 20 years with Midland County on his Retirement. Sheriff Painter acknowledges Greg Galvan from the Sheriff s Office Investigations Section for 20 years service with Midland County on his retirement. Randy Prude presents a plaque for Recognition of Retirement to Greg Galvan. Motion by: Second by: Exhibit: 11. Acknowledge Midland County Sheriff s Office Volunteer Tom Arnold for his years of service to Midland County. Sheriff Painter acknowledges Tom Arnold on celebrating his 91 st birthday as well as serving 25,300 hours of volunteer service to Midland County in the criminal investigation department. If you have desire and drive to help produced of 24 hrs to time to Midland County. Tom Arnold reply s it has been pleasant and an honor to be working for Midland County and I m going to stay here because I love these people. Motion to acknowledge Mary Steed and Greg Galvan for their years of service to Midland County, and to Tom Arnold for his years of volunteer service to Midland County. Motion by: Donnelly Second by: Prude Exhibit:
12. Discuss and take action on cell phone allowance policy. Holly Ingmire states the only think that wasn t covered was tracking the smart phones and IT has looked at this and they added ll.14the addition of allowances as follows blackberry with Corporate/Enterprise Data Plan, or Smart phone with data plan that includes Corporate/Enterprise Activesync support for $80 per month allowance that people could qualify for. Employees must be able to receive county email and conduct county business on the smart phone in order to participate in the cell phone allowance. 11.12 If employees are getting an allowance or other than a blackberry the County will not purchase or provide technical assistance for cellular phone devices and service plans. IT has been requested to take care of their personal phones and they don t want to take that on. Those are the revisions we are asking for. Commissioner Donnelly states in item11.12 could you change this sentence to read The County will not purchase or provide technical assistance for personal cellular phone devices and service plans. I want it to state specifically its personal cell phones. And item ll.14 Employee must (delete - be able- to) receive county email and conduct county business on the smart phone in order to participate in the cell phone allowance. Mitzi Wholeking states the allowance should be a requirement of budget. Most departments don t know about the allowance since it hasn t been around very long. Moving from department to department is hard to keep up with. Valerie agrees it should be required for changing departments. Judge Bradford asks Mitzi to think about the best way to handle the phone allowance policy and come back to court with her recommendations. Motion to adopt the changes in the cell phone allowance policy with both recommendations. Motion by: Donnelly Second by: Sanchez Exhibit: 482-483 13. Discuss and take action on the audit of the Sheriff s Office Commissary and Inmate Trust Accounts. Veronica thanks the Sheriff 0ffice the Captain and Lieutenant who were at detention for their help with this audit. We saw improvement in the inventory and they are doing a good job. We have made some recommendation to the department. Page 5 of the audit report has some results in brief. One of the recommendations we have made to the result of the reconciliations of the inmate trust account. The Kios Company we are using is not doing a good job in keeping up with the deposits into the accounts. They have since that time made some adjustments and it s some better. But if they can t keep up with these deposits we are recommending, with the Sheriff s approve that we not use this company. Sheriff states we will implement these recommendations as soon as possible.
Motion to accept the audit of the Sheriff s Commissary and Inmate Trust Accounts. Motion by: Donnelly Second by: Smith Exhibit: 14. Discuss and take action on the Statement of Financial Position and copy of last quarterly report from CSCD. Veronica presents as physical officer for CSCD I am bringing before you according to Local Government report 140.004 this is a requirement that is made. They have $126,087.84 CSCD grant and get to keep some money as this is a two year grant and what they don t use is returned to the state. Most of the time all of the funds are used. Motion to accept the Statement of Financial Position and the last quarterly report from CSCD. Motion by: Prude Second by: Donnelly Exhibit: 484-491 15. Discuss and take action on covering shortfall in the Teen Leadership lines and identify a funding source. Judge Cobos states the grant for Teen Leadership ended August, 2010. Which left me September without funding for the program? On paper it shows $20,662.00 that we need to re-class. We have $13.052.64 in cash match that was committed during the use of the grant. We only need $7,609.99 to cover the 30 days when the grant ended and new budget started. Motion to approve $7,609.00 from contingency to cover the shortfall in the Teen Leadership funding source. Motion by: Prude Second by: Donnelly Exhibit: For: Smith, Donnelly Against:None Abstaining: 16. Acknowledge donation of three metal map cases from Wyze Solutions for the County Clerk s Office. Judge Bradford states Wyze Solutions very kindly donated three metal map cases to the County Clerk s Office. Motion to acknowledge donation of three metal map cases. Motion by: Prude Second by: Donnelly Exhibit:
17. Discuss and take action authorizing the purchase of a Lektriever for SO Records ($18,717). Purchasing Agent Bob Henderson states this is a capital asset is why it s here and it is budgeted and we do recommend approval to purchase a Lektriever for S O Records Department. Motion to approve purchase of Lektriever for Sheriff Records. Motion by: Smith Second by: Sanchez Exhibit: For: Smith, Donnell Against: None Abstaining: 18. Discuss and take action declaring Midland County Personal Property as surplus and/or salvage. Judge Bradford states I would encourage you to take the word salvage and use it. Because what we are talking about is three legged chairs, wonderful metal file cabinets that drawers won t open because they are at 35 degrees and cabinets at 0 degrees they are bent up and tore up. We have some old computer desk top screens a couple of them have holes in them. So in reviewing this, and Tim Harris took a look at some of it too. There is a lot of it in the Library that has just been put back and put back and I think it s time, in my opinion to declare it salvage and get rid of it and that is county wide. We will entertain whatever the Court wants to do. I Move we declare Midland County Personal Property as surplus and/or salvage. Judge Bradford states can I ask you to pick a word surplus requires us to put it into a bid and salvage we can just dispose of it. I amend that to say take action to declare Midland County Personal Property as salvage. Commissioner Smith asks can we make the verbiage about Midland County Personal Property a little clearer. I amend that to declare Midland County Personal Property as salvage by inspection. Motion by: Sanchez Second by: Donnelly Exhibit: 19. Discuss and take action on acceptance of the 2010 JAG Grant for $16,892. Sheriff Painter states this is the annual grant we receive and share it with the Midland Police Department. The check is identified deposited and divided as previously set in court. Motion to accept the JAG Grant for $16,892.00,
Motion by: Donnelly Second by: Jimmy Exhibit: 20. Discuss and take action on the 2010 JAG Grant budget. Sheriff Painter states that is also included in your information and has to be approved by the court. Moved to accept the 2010 JAG Grant budget. Motion by: Donnelly Second by: Smith Exhibit: 21. Acknowledge the Midland County Sheriff s office monthly fees. Sherriff Painter states this is also included in your packet. This identifies our funds and where they went. Motion to acknowledge Midland County Sheriff s monthly fees. Motion by: Donnelly Second by: Smith Exhibit: 22. Discuss and take action on Sheriff s Office employees from other sections working overtime in the jail. Sheriff states he is 19 people short in the jail. I have some that have been to the academy and one former employee that wants to go back to work. My jailers are getting so much over time it s about to kill them. I am asking for the court to approve other employees from different sections of the Sheriff s Office be able to work overtime. Mitzi Wohleking request you stipulate sergeants and below be able to work overtime. Motion to approve other sections in the Sheriff s Office be allowed to work overtime in the jail with exception, they be sergeants and below. Judge Bradford recommended we pay them from the open slots. Motion by: Smith Second by: Sanchez Exhibit: 23. Discuss and take action on the moving $37.55 to the Inmate Trust account to bring two inactive inmate trust accounts to a zero balance. Sheriff relays the auditor looked back at trust accounts and we found two incidents. We have an officer error, improper documentary or transposing numbers back in 1994. In order to bring the trust account to balance we need $37.55.
Sheriff states you can move the $37.55 out of my Commissary Account to Inmate Trust Account to make a zero balance. Motion to approve moving the $37.55 from the Sheriff s Commissary account to the Inmate Trust Account to make a zero balance. Motion by: Donnelly Second by: Smith Exhibit: 24. Discuss and take action on acceptance of $500 donation to the Midland County Sheriff s Office Crisis Intervention Unit from Stephen K. Kuzmich. Sheriff states he has received a $500 donation to the Midland County Sheriff s Office Crisis Intervention Unit from Stephen K. Kuzmich. Motion made to acknowledge the donation. Motion by: Smith Second by: Sanchez Exhibit: 25. Discuss and take action on the new CIU Assistant Coordinator to start at a 12/5 instead of a 12/1. Sheriff Painter states Teressa Washburn will start at12/5 as the new Assistant Coordinator. She has been a part of CIU for several years and has stood in as coordinator when necessary. Also, we have a new Coordinator affective December 16, 2010, she is Gabriella Williams coming from the District Attorney s office. Sheriff states the funds are budgeted. Motion to approve action with new CIU Assistant Coordinator starting at 12/5 instead of 12/1 with a caveat because of her experience we are doing this. Motion by: Prude Second by: Donnelly Exhibit: 493 26. Discuss and take action on the Library Report. Diana Decker submits the circulation reports for the month of October & November and the usage did decline slightly at both locations. In prior years we were counting every time someone uses a computer as an item being checked out so, that greatly affect the numbers that is on these reports. So it will be a year before this will be flushed out of the system. The reason they were being counted as a check out that we did not want someone that is using the computers every day if they did not used their card within three years their card is purged. We now have some computer software that is handling the use we are trying to find some ways to merge the two so that takes care of our problem but does not affect our numbers as far as circulation goes.
Judge Bradford states there have been improvements in the program; shelving has been painted and will be back soon. Diane Decker state the audio visual room has been shifted around and our computer lab has been completely finished. Wyfi should be up and running this week. I would like to start with some social networking and some policies as to what platforms we would like to be using and who would be involved. We would like to publish some public events and decide which of the employees will be involved in these projects. I would like to come back in January to have all the policies and parameters in place for your approval. I would also like to change some of the signage at the Library. I would like to change names of some of the departments such as the Children Department to incorporate the Young Adults into that department; the Audio Visual Department, the Periodical Department which houses our Computer Lab. We will do a survey through January for good ideals that our patrons would like. Judge Bradford states, I would like to change the signage Diane has been working with Tim Harris and we have money for that. Parking lights are owned and cared for by TXU they are currently working. Diana states The Friends of the Library were very generous they came with all new Christmas decorations and it just looks fantastic. They are also hosting an open house at the Library this week. Motion to accept report and the changes for new signage, as well as to support the recommendations made. Holly Ingmire did interviews for a full time floater position and that person will state on December 16, 2010 so that should help with staffing issues. Motion to advertise for a head librarian. Motion by: Sanchez Second by: Donnelly Exhibit: Motion to hire Nicole Alberts as Associate Librarian effective at time the Court designates and salary at normal rate for Associate Librarians. Motion by: Sanchez Second by: Donnelly Exhibit: 27. Discuss and take action concerning Carl R. Griffith and Associates proposal for Culver.
Judge Bradford states this came out of a meeting it was a meeting with Adolpho, Tommy, and a number of judges it was a non-voting meeting Kathleen from the newspaper was there. We discussed how we could help analyze improve or help assist with Culver s reorganization. Commissioner Prude suggested we contact Carl R. Griffith and Associates for an evaluation analysis as we have in a number of our criminal justice areas such as they have done in CSCD. Mr. Griffith doesn t have questions from court or the questions from the judges it s a two process the court might approve it and take it to the judges meeting and get there and the judges might say do it with their blessing or they might say we don t want you to do this. Mr. Griffith gives us a range of material in the files they will do it in travel of their regular duties. The travel will be paid for out of professional services or contingency fund however the Court directs it should we go. Key words like suggest contract not go beyond $40,000 and strive to come under that figure. They believe they can do this and believe they can do this in a short span of time by working with Adolpho and Tommy and the complete staff. Prude recommends to the judges that we accept the report and proceed ahead and Professional Services would be my choice unless there are other things scheduled that could deplete it. Sanchez agrees with the fact that getting the consultant will help us out with this and will give us a better idea I think we need to look at it more in depth. Donnelly states I would concur. Smith states I concur also. Adolpho states I agree with what you are saying and have been with you all along. We are trying to figure out the best way to continue operating. If we can cut cost for the benefit of the citizens and the county we are open to suggestions. We welcome visiting with Mr. Griffith and his staff providing information and answers you have. As you know Judge Walvoord has less than two weeks before he retires. I know Kyle Peeler was in the meeting and was supportive. Judge Bradford states if we approve this today we still must go to second approval of the Juvenile Board. Then we go into action. Motion to pass this recommendation from Griffith and Associates on to the Juvenile Board with a positive support from the Court to make payments from Professional Services. Adolpho states the Juvenile Board meets January 27, 2011. Motion by: Prude Second by: Sanchez Exhibit: 28. Acknowledge donations to the Midland County Library.
Diana Decker states $122.02 was donated by patrons, 47 books, 5 videos and 10 CD s have been donated to the Library. Commissioner Donnelly moved to accept the Library Report, to acknowledge the donations and accept Diana s recommendations with the signage. Mrs. Alishka Bliskee, 210 Freeport, Midland, Texas, a Library patron states I would like to recognize the staff at the Midland County Library, they smile lots there is laughter it s an amazing change. I m so excited I ve got some of my friends to go to the Library for the first time in five years, I even going to start Library tours. To the Court I appreciate you addressing a need and supporting what is happening. Thank you. Motion by: Donnelly Second by: Smith Exhibit: Judge Bradford announces a 10 minute break and to Executive session At 11:45. 29. Discuss and take action on Commissioners Court and Building policies. Judge Bradford states the next Commissioners Court Meeting will be December 28, 2010 in the new Auxiliary Courtroom on the first floor of the new Courthouse located at 500 N. Loraine, Midland, Texas. Motion by: Second by: Exhibit: 30. Discuss and take action on the New Midland County courthouse. Judge Bradford states some employees are parking on private property and will be informed of the county parking lots. We will run an add telling you where to park. Judge Bradford states the City brought a poster to the Courthouse about some WYFI. All posting has to be inside of the displays unless specified by statue. The directory is in and will be put up in the lobby and will be in the lobby as well as inside the elevators. Holly states the employment law posters must be posted inside the Courthouse. Teresa DA requested a sign on her floor since she had none. Judge Bradford states one is coming. Motion by: Second by: Exhibit: 31. Discuss and take action on fleet accidents.
Dale Little states there have been three accidents; one DA car hit in parking lot, Tim Harris was run into by a lady didn t stop behind him, and I Dale hit a deer. No action Motion by: Second by: Exhibit: 32. Take action acknowledging personnel memoranda. Mitzi states nothing out of ordinary. Johnny Quilimaco, Stephen Randall, Clifford Turnbow, Teresa Washburn, Richmond Farmer, Greg Galvan, Rebecca Gibson, Brooke Hendricks, Paula Kinnard, Frank Sexson, Jessica Faircloth, Mike Rittenberry, Miranda Rodriguez, Jennifer Matlock, Matthew Nichols, Vanessa Valdez, Felipe Acosta, Valerie Brady, Tommy Davis, Alan Thompson, Gabriela Williams. Motion to acknowledge personnel memoranda. Motion by: Donnelly Second by: Prude Exhibit: 33. Discuss and take action on budget line-item transfers. Veronica Morzles presents the budget line-item transfers: 1-24 was part of clean up old year 25-35 current years. Veronica out of Library Donation Account out of capital outlay to Professional Services. County Judge, County Commissioner Pct. 4, Non-Departmental, 142 District Court, 142 District Court, 142 District Court, 142 District Court District Attorney, 441 District Court, County Court at Law, County Court at Law 2, County Attorney, Justice of the Peace #1, Justice of the Peace #3, Justice of the Peace #4, Treasurer, Tax Assessor-Collector, Sheriff s Office Administration, Sheriff s Office Administration, Sheriff s Office Administration, Sheriff s Office Administration, Juvenile Probation, County Attorney State Supplement, Facilities, Human Resources, 385 District Court, District Attorney- General, County Court-at-Law, County Court at Law #2, Tax Office General Fund, Library. Motion to approve line item transfers. Motion by: Prude Second by: Donnelly Exhibit: Veronica requests to allow me to transfer out of contingency into Library Donation account out of capital outlay line 7200 for $8420 and once we get the funds I will transfer the funds into there.
Motion to approve. Motion by: Sanchez Second by: Donnelly Exhibit: 495-526 34. Discuss and take action on bills and wire transfers. Veronica Morales has exceptions: Oscar Rubalcava, $725.00 for fire sprinkler, Veronica wire transfers general from County Clerk and J P Live stock at Barn, Crystal Heritage Building for $32,050 no P O for windows, facilities Master Gardner s for $492.50, exception Mid-Tex at Constable $6713.00 to finish job final $134,268.00, and $8420 for Zitron. Motion to approve bills and wire transfers. Motion by: Smith Second by: Donnelly Exhibit: Judge Bradford states we have received from Zitron a digital film viewer and scanner for $8,420.00 sold to Midland County Public Library. This was an item to be purchased from a gift from an estate and it ended up on the wrong place. The estate is working to get it back it was to pay for this item. We ordered it they acted in good faith we should pay for it anyway. Veronica asks Judge where would we get the money. Judges replied from equipment from the Library, Diane state it s not available in equipment, but I have $6000.00 available in another account. Judge replies no we ll take it from contingency and wait until it sorts itself out. Judge Bradford states we will tell the executor this is what we had to do for now to make purchase of the gift good now. So when you get it back send instructions that the money is to replenish funds that the County expended because of your gift. Valerie states the balance of the gift will be $10,000 and the balance will go into a different fund. Motion to take money out of contingency fund to pay for the digital film viewer and scanner and the amount is $8,420.00. Motion by: Sanchez Second by: Donnelly Exhibit: Veronica request permission to transfer from Contingency into Library Capital Outlay I ll go ahead and pay for it out of there and once we get the donation I will transfer the funds out. Extension is 7200 and amount is $8,420. In addition to all the other line item transfers I had.
Motion to approve request. Motion by: Sanchez Second by: Donnelly Exhibit: 527-534 35. 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 install a three phase overhead electric line by Oncor Electric Delivery on Commerce Drive. Permit to construct Driveway Facilities on County Right-of-Way by Double A Building Inc. at 5604 SCR 1213. Permit to construct a Cathodic Protection Unit in the right-of-way of CR 1160 for the purpose of preventing corrosion on ONEOK WESTEX Transmission, LLC (ONEOK)16 PIPELINE. Permit to lay a produced water pipeline on County Right-of-Way by Endeavor Energy Recourses, L.P. on SCR 1160. Permit to lay a produced water pipeline on County Right-of-Way by Endeavor Energy Resources, L.P. on SCR 1160. Permit to excavate a pipeline in the Right-of-Way by Atmos Energy in the 5000 block of CRW 119 (Wymont Trail), approximately 500 W of the center line of SCR 1224 for the purpose of repairing. Permit to excavate a pipeline in the Right-of-Way by Atmos Energy in the 4600 block of CRW119 (Wymont Trail) approximately 150 E of center line of SCR 1224 for the purpose of repairing. Motion to approve right-of-way. Motion by: Sanchez Second by: Prude Exhibit: 535-547 36. Conduct Executive session pursuant to Texas Government Code Section 551.071 to consult with County Attorney regarding pending and prospective litigation and other matters. 37. Conduct Executive session pursuant to Texas Government Code Section 551.074 to discuss personnel matters. 38. Conduct Executive session pursuant to Texas Government Code Section 551.072 to deliberate the purchase, exchange, lease, or value of real property. 39. Conduct Executive session pursuant to Texas Government Code Section 551.076 to discuss security devices. 40. Take action on Executive Session matters. Back in session at 1:54 p.m.
Commissioner Donnelly presented letter of retirement from Constable Charles Chock Harris. Motion to accept the letter of resignation from Constable Charles Chock Harris effective January 31, 2011. Motion by: Donnelly Second by: Prude Exhibit: Motion to adjourn at 2:20 p.m. Motion by: Donnelly Second by: Prude Exhibit: The next Regular meeting for the Commissioners Court will be held on Monday, December 28, 2010, at 9:00 a.m., in the Auxiliary Courtroom, 500 North Loraine, Midland County Courthouse. 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 November, 2010. Coleen White, Chief Deputy County Clerk Midland, Texas