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July 10, 2006

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

BE IT REMEMBERED THAT ON THE 10TH DAY OF JULY, 2006 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: WM. C. MORROW – County Judge - Absent JIMMY SMITH – Commissioner, Precinct 1 MIKE BRADFORD – Commissioner, Precinct 2 JULUIS BROOKS – Commissioner, Precinct 3 RANDY PRUDE – Commissioner, Precinct 4 - Presiding Recorded by: Shauna Brown, County Clerk

1. Invocation Sheriff Gary Painter led the invocation.

2. Pledges of Allegiance

3. Acknowledge July Employee of the Month, Sgt. Greg Galvan, assigned to DEA with the

Criminal Investigation Division of the Sheriff’s Office. Sheriff Gary Painter presents Sgt. Greg Galvan, with 16 years service to the County, assigned to the DEA as the July Employee of the Month.

4. Presentation of Certificates of Appreciation to the Texas Forest Service and to Texas Forest Service Law Enforcement Officers, Dan Poovey, Gary Parton and Bobby Jones for their help to the citizens of Midland County. Fire Marshal Dale Little relays the Texas Forest Service has been in Midland County since March using the Exhibit Building. Paul Hannaman, Chief Fire Control for the State of Texas reports there were 450 personnel here that spent over 1 million dollars in lodging, meals, fuel and services. Sheriff Gary Painter reports they have been working beside the Deputies and he appreciated their help. Commissioner Brooks thanks the Forest Service for their volunteer work to trim the trees at Fairview Cemetery. Gary Bennett Chief Law Enforcement for Forest Service relays Midland County was one of the most enjoyable of their assignments. Exhibit: 637

5. Discuss and take action on a request from Show of Support, a non-profit organization, to have the rental fees waved for using the Horseshoe. Terry Johnson President of Show of Support takes wounded veterans on a completely paid hunt. Over 2000 people may attend this fundraising event, which will include sponsor tables on the floor and free seats in the bleacher area for the public. Sheriff Painter attended the banquet last year and relays it was moving experience with dignitaries from the Military present. The event is scheduled for Nov. 16, 2006 and will include rental of tables and chairs. County Attorney Russell Malm relays the Commissioners can grant request if facility is available for that date and the County would have to pay Dooley. Show of Support would pay Dooley the management fee. Commissioner Bradford reports there would have to be a finding of record of how this group is different from other non-profit groups. Commissioner Smith would like to discuss with County Attorney prior to the decision. Motion to table.

Motion by: Bradford Seconded by: Smith Exhibit: 638-640 For: All Against: None Abstaining:

6. Discuss and take action authorizing the County Judge to sign an Agreement for Detention of Juvenile Offenders with Winkler County (short term and long term), Terry County, the Tri-County Area (Brewster, Jeff Davis & Presidio), Crane County, Pecos County, Reeves County, Martin County, Howard County, Dawson County, Andrews County, Ward County, Reagan County, Glasscock County, Upton County and Yoakum County to detain their juveniles in our facilities on a space available basis. Director of Juvenile Probation Adolfo Salcido reports these are the annual renewal contracts. Motion to authorize the County Judge to sign an Agreement for Detention of Juvenile Offenders with Winkler County (short term and long term), Terry County, the Tri-County Area (Brewster, Jeff Davis & Presidio), Crane County, Pecos County, Reeves County, Martin County, Howard County, Dawson County, Andrews County, Ward County, Reagan County, Glasscock County, Upton County and Yoakum County to detain their juveniles in our facilities on a space available basis.

Motion by: Smith Seconded by: Brooks Exhibit: 641-642 For: All Against: None Abstaining:

July 10, 2006

7. Discuss and take action on approving a new account to be set up through the Treasurer’s

Office for the Midland County Sheriff’s Office and acknowledge a donation from the Bad Boy Blast hosted by Conoco/Phillips and Halliburton in the amount of $15,000. Sheriff Painter reports this clay shoot event began 3 years ago. This year 537 people signed up with a total profit of $60,000 to be divided between MPD, SO and Ector law enforcement. Sheriff Painter will use the funds for an awards banquet. Sheriff Painter reports all the funds are open to the public for inspection and appreciation has been sent to Conoco/Phillips and Halliburton. Motion to approve a new account to be set up through the Treasurer’s Office for the Midland County Sheriff’s Office and acknowledge a donation from the Bad Boy Blast hosted by Conoco/Phillips and Halliburton in the amount of $15,000.00.

Motion by: Brooks Seconded by: Bradford Exhibit: For: All Against: None Abstaining:

8. Discuss and take action on the request from the Midland County Sheriff’s Mounted Patrol to use Building B of the Horseshoe for a multiple day event, September 11 – 15, 2006, at a reduced rental rate. Bailiff Jake Ussery and Deputy Alan Thompson with the Mounted Patrol report this is a 5 day event. Commissioners will consider after Executive Session discussion with County Attorney. Motion to table.

Motion by: Bradford Seconded by: Brooks Exhibit: For: All Against: None Abstaining: Item 8 recalled. Motion to approve request from the Midland County Sheriff’s Mounted Patrol to use Building B of the Horseshoe for 5 days, September 11 – 15, 2006, for management fee only with concessions for the Horseshoe. Motion by: Bradford Seconded by: Brooks Exhibit: For: All Against: None Abstaining:

9. Discuss and take action on authorizing the County Judge to sign the 2007 Texas Vine Annual Maintenance Contract. Sheriff Painter relays this is valuable for victims. Motion to authorize the County Judge to sign the 2007 Texas Vine Annual Maintenance Contract.


10. Discuss and take action authorizing the County Judge to sign the Interlocal Cooperation Agreement for the conversion to the Statewide Voter Registration System. County Attorney Russell Malm would like to see one change in agreement, provision 6.9 on page 9 be deleted but would recommend Court authorize Judge to sign pending his approval. Motion to authorize the County Judge to sign the Interlocal Cooperation Agreement for the conversion to the Statewide Voter Registration System pending approval from the County Attorney.


11. Discuss and take action authorizing the purchase of: (1) Check Imaging System for the Tax Office, (2) RISC6000 server for IS (Information systems) and (3) IFAS 7i System Upgrade to the financial system for IS. Tax Assessor Kathy Reeves reports this will help them track the many checks through the office and funds are available. Information Systems Director Daniel Ochoa needs new hardware for the financial system for upgrade for a paperless system and funds were approved for budget last year. Daniel Ochoa will try to coordinate with server for the Library software. Motion to authorize the purchase of: (1) Check Imaging System for the Tax Office, (2) RISC6000 server for IS (Information systems) and (3) IFAS 7i System Upgrade to the financial system for IS.

Motion by: Bradford Seconded by: Brooks Exhibit: 663-667 For: All Against: None Abstaining:

12. Discuss and take action authorizing the County Judge to sign the contract for the Library Automation System. Purchasing Agent Bob Henderson has finalized negotiations with a vendor and is waiting on contract. We can use a server they provide or use our own. County Attorney has a few items in contract we need to negotiate. Librarian Denise Johnson relays there will be an annual cost for maintenance. Motion to authorize the County Judge to sign the contract with The Library Corporation for the Library

July 10, 2006

Automation System subject to County Attorney approval and coordination with IT on server.

Motion by: Smith Seconded by: Brooks Exhibit: For: All Against: None Abstaining:

13. Discuss and take action awarding the bid on Janitorial Services for the Horseshoe. Janitorial will keep restrooms and lobby during an event. Cleanup will be after an event. County will provide the paper goods. Mr. Henderson recommends Professional Janitorial for janitor services and cleanup to SOS Staffing. Motion to award bid on Janitorial Services for the Horseshoe to Professional Janitorial Service and bid for “clean up” to SOS Staffing.

Motion by: Brooks Seconded by: Bradford Exhibit: 668-669 For: All Against: None Abstaining:

14. Discuss and take action transferring unit #15306, a 2003 Crown Victoria to Pre-Trial Bonding in exchange for Unit #20102, a 200 Impala. Motion to approve upon turning in the Impala to transfer unit #15306, a 2003 Crown Victoria to Pretrial/Bonding.

Motion by: Bradford Seconded by: Smith Exhibit: For: All Against: None Abstaining:

15. Discuss and take action authorizing the Purchasing Agent to dispose of surplus property with no value. Purchasing Agent relays IT has computer equipment that is broken and of no value. County Attorney reports the County has to try to sell the property prior to destroying. Motion to authorize the Purchasing Agent to dispose of surplus property after attempt to sell the equipment.

Motion by: Smith Seconded by: Brooks Exhibit: For: All Against: None Abstaining:

16. Discuss and take action appointing Mr. Travis Erwin to the Board of Directors of La Entrada Al Pacifico Rural Rail District. Motion to appoint Mr. Travis Erwin to the Board of Directors of La Entrada Al Pacifico Rural Rail District.

Motion by: Bradford Seconded by: Brooks Exhibit: 670 For: All Against: None Abstaining:

17. Discuss and take action on the request from the Liddon Townhome Owners Association to rent the lot at the intersection of Liddon and Boyd. County Attorney Russell Malm reports in order to lease or sell we would have to go through the bid process. County may want to give an option to lease or sell since the land is of no use to County and if we sold it, there would be no liability. County Attorney will get with Purchasing Agent to work on bid. Motion to authorize the Purchasing Agent to bid the lease or sale of the lot at the intersection of Liddon and Boyd.

Motion by: Brooks Seconded by: Bradford Exhibit: 671 For: All Against: None Abstaining:

18. Discuss and take action extending the Declaration of Disaster for Midland County and the Executive Order Prohibiting Combustibles for sixty (60) days beginning July 10, 2006. Fire Marshal Dale Little requests the Order Prohibiting Combustibles be extended until we receive a significant amount of rain in the entire County. The draught index is 655. Commissioner Smith is grateful to the Governors Office for standing behind us to protect the citizens of Midland County. Commissioner Smith reads a quote from Jim Harris in The Odessa American urging citizens to ignore the Order. Jim Harris, owner of Truckload Fireworks, believes the Commissioners Court were in conflict with District Judges Order. Mr. Harris has events for Class C fireworks shows and requests an exemption. Fire Marshal Dale Little recommends for Class C fireworks shows a written request be sent to the Fire Marshal, law enforcement officers be on scene during the show, and firefighting equipment at the location during the show. City Fire Marshal requests notification for shows within 5000 feet of City limits. Commissioner Smith reads a portion of the ruling from the Federal Court lawsuit. Motion to extend the Declaration of Disaster for Midland County and the Executive Order Prohibiting Combustibles for sixty (60) days beginning July 10, 2006 with exemption for Class C a firework shows if a written request is sent to the Fire Marshal, and law enforcement officers and firefighting equipment are on scene during the show.

July 10, 2006

Motion by: Smith Seconded by: Bradford Exhibit: 672 For: All Against: None Abstaining:

19. Discuss and take action on the TXDOT Beautification projects. Commissioner Bradford relays $4,515 to pay, funds are in right of way account, and we will be reimbursed up to 80% if we prepay. The beautification project is on Business 80 as you approach the city from the east and the west. Motion to prepay $4,515.00 for the TxDot Beautification projects.

Motion by: Bradford Seconded by: Brooks Exhibit: 673 For: All Against: None Abstaining:

20. Acknowledge a correction of placing stop signs with flashing lights at the intersection located at FM 307 and South County Road 1110 instead of the intersection located at FM 307 and South County Road 1120 as approved on July 11, 2005. Commissioner Bradford relays TxDot gave us the equipment for the lights but there was an error on the road number. Motion to acknowledge a correction of placing stop signs with flashing lights at the intersection located at FM 307 and South County Road 1110 instead of the intersection located at FM 307 and South County Road 1120 as approved on July 11, 2005.

Motion by: Bradford Seconded by: Smith Exhibit: For: All Against: None Abstaining:

21. Acknowledge the May Term Fees of Court for the County & District Clerks. Motion to acknowledge the May Term Fees of Court for the County and District Clerks.

Motion by: Brooks Seconded by: Bradford Exhibit: on file For: All Against: None Abstaining:

22. Accept reports from Midland County Elected Officials and Department Heads. Fire Marshal Dale Little received a phone call about a mass gathering permit for Rock the Desert. Dan Goddard sent in a letter to the Judge for a permit and a schedule of events. They will have security and comply with health standards. Mr. Little will get a copy to the County Attorney and to the Sheriff. Sheriff Painter reports they are using Midland Police Department for security, which may be a jurisdictional matter since it is in the County and a liability issue. Stephen Garcia has a list of 2006 Horseshow events with 40 events booked. Commissioner Smith would like to have events calendar emailed to the Court for informational purposes. Commissioner Prude would like to add to the calendar the County website and Mr. Garcia responds the IT Department is working on it. Commissioner Bradford relays Road & Bridge was finishing roads and top coating on parking lot for Horseshoe.

23. Discuss and take action on fleet accidents. Dale Little reports two dump trucks backed into each other with $6096.52 damage to truck which needs repaired paid through Risk Management. Sheriff’s Deputy Rusty Hill had his truck parked in front of house and his neighbor backed into it. The County will pay and the neighbor will reimburse the County for the damage. Motion to repair the dump truck and Deputy Hill’s vehicle.

Motion by: Brooks Seconded by: Smith Exhibit: For: All Against: None Abstaining:

24. Acknowledge the Quarterly Report of the Sick Leave Pool. Treasurer Mitzi Wohleking relays there is a healthy balance in the pool. Motion to acknowledge the Quarterly Report of the Sick Leave Pool.

Motion by: Brooks Seconded by: Smith Exhibit: 674 For: All Against: None Abstaining:

25. Take action acknowledging personnel memoranda. Motion to acknowledge personnel memoranda for Ryan Calhoun, Clarissa Granado, Nancy Lujan, Henry Rodriguez, Marie Vera, David Richardson, and Crystell Chandler.

Motion by: Smith Seconded by: Brooks Exhibit: 675 For: All Against: None Abstaining:

July 10, 2006

26. Acknowledge the audit of the internal cash count for the offices of: the County Clerk, the County Attorney, Justice of the Peace, Precinct 3 and the Tax office. Assistant Auditor Coleen Lawrence reports other offices cash count audits are coming. Motion to Acknowledge the audit of the internal cash count for the offices of: the County Clerk, the County Attorney, Justice of the Peace, Precinct 3 and the Tax office.

Motion by: Brooks Seconded by: Smith Exhibit: 676-700 For: All Against: None Abstaining:

27. Take action on budget line-item transfer requests. Motion to approve budget line-item transfers for 142nd District Court, District Attorney, Justice of the Peace Pct. 3, Auditor, Constable Pct. 3, Constable Pct. 2 subject to further information, Treasurer, Elections, Sheriff-Administration, Library, Sheriff’s Federal Asset Forfeiture, Abell Hander Grant, Juvenile Probation State, Juvenile Probation, Emergency Management Grant, Elections Chapter 19, Elections HAVA and the Horseshoe.

Motion by: Bradford Seconded by: Brooks Exhibit: 701-723 For: All Against: None Abstaining:

28. Take action on submitted applications for permits to use county right-of-way for utility and line installations, driveway construction and mailbox construction. Motion to approve permits to use county right-of-way for the following:

Atmos Energy to repair gas main on WCR 121 & SH 349; City of Midland to construct water tap on S. Main; Michael Davis to construct driveways abutting SCR 1084 ½, and on SCR 1086; Covenant Homes to construct a driveway abutting ECR 101; Randall Henson to construct a driveway abutting SCR 1122; Lariat Service to construct a driveway abutting SCR 1310; Luis Olivos to construct a driveway abutting ECR 135; Duane Robinson to construct a driveway abutting WCR 111; TXU Electric to install overhead line on ECR 90.

Motion by: Smith Seconded by: Prude Exhibit: 724-733 For: All Against: None Abstaining:

29. Discuss and take action on submitted applications for the use of the County Courthouse Grounds. None submitted.

30. Discuss and take action on approving bills.

Assistant Auditor Colleen Lawrence has exceptions with no purchase orders from Penguin Refrigeration for the Sheriff’s Office, and Train for facilities. Motion to approve paying all bills.

Motion by: Smith Seconded by: Brooks Exhibit: For: All Against: None Abstaining: Commissioner Bradford reports in the minutes from July 9, Pretrial/Bonding was approved to move facilities but lease has not been presented. County Attorney would like to put on agenda to approve the lease, but County Attorney recommends paying the amount since we have been using the space. Motion to pay $15,050.00 for pretrial facility for the past rent. Motion by: Smith Seconded by: Bradford Exhibit: For: All Against: None Abstaining: Commissioner Bradford has final billing from Lee Lewis on Horseshoe for $100,529.85 and recommends paying $50,000.00 and retaining other portion until an issue is cleared up with a subcontractor. Motion to pay Lee Lewis $50,000 on Horseshoe. Motion by: Bradford Seconded by: Smith Exhibit: For: All Against: None Abstaining: Motion to authorize payment of employees involved in asphalt incident for personal goods up to $700.00 from Risk Management. Motion by: Brooks Seconded by: Smith Exhibit: For: All Against: None Abstaining: Motion to pay Mr. Alfredo Urias the amount of $6,700.07 in loss of property due to an accident from Risk Management.

July 10, 2006

Motion by: Bradford Seconded by: Brooks Exhibit: For: All Against: None Abstaining: Regular Session recessed at 11:15 a.m. to conduct Executive Session.

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. Executive Session was concluded at 11:55 a.m. and Regular Session reconvened.

34. Take action on Executive Session matters.

Recall item 8 Recall Item 30.

Commissioners Court adjourned at 12:00 p.m. The next Regular meeting for the Commissioners Court will be held on MONDAY, July 24, 2006, at

9:00 a.m., in the Commissioners Courtroom, 2110 North A Street, Midland County Courthouse Annex. I, Shauna Brown, Midland County Clerk certify that this is an accurate accounting of the proceedings of the Commissioners Court meeting during the term of July, 2006.

___________________________________________ Shauna Brown, County Clerk

Download - MINUTES OF MEETING OF THE COMMISSIONERS … · minutes of meeting of the commissioners court ... commmissioners court was called to order at the commissioners court of midland county,

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