Motion by: Prude Seconded by: Ramirez Exhibit: For: All Commissioners Against: None Abstaining:

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1 MINUTES OF MEETING OF THE COMMISSIONERS COURT OF MIDLAND COUNTY, TEXAS BE IT REMEMBERED THAT ON THE 14TH DAY OF JUNE, 2004 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 JIMMY SMITH Commissioner, Precinct 1 MIKE BRADFORD Commissioner, Precinct 2 JOSIE RAMIREZ Commissioner, Precinct 3 RANDY PRUDE Commissioner, Precinct 4 Recorded by: SHAUNA BROWN, County Clerk 1. Invocation Commissioner Prude led the invocation. 2. Pledges of Allegiance 3. Acknowledge the June Employee of the Month, Linda Valles, in the County Clerk s Office. Commissioner Ramirez and County Clerk Shauna Brown recognize Linda Valles as the June Employee of the Month. 4. Discuss and take action on request by Downtown Midland, Inc. to use the Courthouse grounds on July 3, 2004 for the Star Spangled Salute. Motion to approve use of Courthouse grounds on July 3, 2004 for the Star Spangled Salute. 5. Discuss and take action on designating the early voting location on the south side of Midland for the November 2, 2004 General Election. Elections Administrator Donna Robertson has prepared the proposed early voting location sites for the November 2, The south location she recommends is at the Cogdell Learning Center at the South Midland College Campus where there is handicapped parking. Vicki Haley relays she would still like to have an early voting at the fire station and is concerned about the parking at Cogdell Learning Center. Ms. Haley would also like to see an early voting location on the East side of town. Commissioner Prude asks if the area in the fire station is heated and air conditioned. County Judge points out the fire station is a Haz-Mat response station. Manuel Lujan would like this to be a pilot program to increase the voting turnout and recommends Ms. Robertson and Ms. Haley get together and work things out. Julius Brooks, Freddie Lara and Dennis Body spoke in favor of the fire station location. Certification is required 90 days prior to early voting in October. Assistant Elections Administrator Ruth Sloan relays they have moved the early voting site 6 times at the request for a location on the South side. Commissioner Ramirez would like others to compare the sites to see which is best for the public. County Clerk Shauna Brown requests the Elections Administrator s advice be followed as the expert and person responsible for elections. Commissioner Smith believes Ms. Robertson has worked hard looking at issues concerning both sites. County Judge Morrow points out the country may be on high alert and is concerned about the public s safety. A group will visit both the Fire Station and Cogdell Learning Center to evaluate. Motion to table until next Commissioners Court meeting. Motion by: Ramirez Seconded by: Prude Exhibit: For: Ramirez, Prude, Bradford Against: Morrow, Smith Abstaining: 6. Acknowledge the May 15 th election costs under the Interlocal Agreement with the City of Administrator Donna Robertson gives a report of the cost for the Interlocal Agreement with the City of Motion to acknowledge the May 15 th election costs under the Interlocal Agreement with the City of Motion by: Bradford Seconded by: Prude Exhibit: 7. Discuss and take action on request from Extension Service Agent, Sam Field, to attend the National Association of County Agriculture Agents Professional Improvement Conference in Page 1

2 Orlando, Florida on July 11 through 15, Motion to approve Extension Service Agent, Sam Field to attend a conference in Florida. 8. Discuss and take action on request from District Attorney to hire a part time employee to be paid out of the Drug and Forfeiture account. Assistant District Attorney Teresa Clingman requests hiring a part time person to work less than 20 hours a week on seizures to be paid from District Attorney s Drug and Forfeiture account. Motion to approve the District Attorney to hire a part time employee to be paid from the Drug and Forfeiture account as long as funds are available. 9. Discuss and take action on authorizing the County Judge to sign the acceptance of a TEEX (Texas Engineering Extension Service) grant in the amount of $31, for interoperable communications equipment Dale Little relays this is communications for portable radios to help with region wide responses. Once the grant is received the decision will be made on purchases. There are no matching County funds. Motion to authorize the County Judge to sign the acceptance of a TEEX grant in the amount of $31, for interoperable communications equipment. Motion by: Prude Seconded by: Bradford Exhibit: 10. Discuss and take action on authorizing the County to sign the acceptance of a TEEX sub-grant in the amount of $19, Fire Marshall Dale Little relays this grant was designated for another receiver for the Sheriff s Office and a JRies program. Motion to authorize the Judge to sign the acceptance of a TEEX sub-grant in the amount of $19, Motion by: Ramirez Seconded by: Bradford Exhibit: 11. Discuss and take action on awarding the bid for Janitorial Services for the Courthouse, CSCD, Extension Building, Culver Youth Home, Road & Bridge, Constables Office and Library. Purchasing Agent Paul Thompson relays there were three bids for the Library for different hours of cleaning. Mr. Thompson recommends the bid be awarded to the lowest bidder Crossland who is currently cleaning the Annex. Commissioner Prude asks if we could award one bid for the Library and another vendor clean the other buildings. Mr. Thompson reports the bid was as a package and was not bid as individual buildings. Dale Little relays when there is no day maid the Facilities Department has to clean up if there is a spill during the day at the Library. Librarian Denise Johnson reports they are not happy with the current vendor s cleaning. Paul Thompson will check with the County Attorney and see if we can award bids separately. Motion to award bid to Crossland for all buildings except the Library and to award bid for Library to Professional Janitorial for daytime cleaning with no day maid with approval of the County Attorney. Motion by: Prude Seconded by: Smith Exhibit: 12. Discuss and take action on awarding the bid for holding tanks used by the Road & Bridge Department. Purchasing Agent Paul Thompson recommends awarding bid to Gencor and funds are available pending a line-item transfer. Doy Herring reports the tanks have a long life. Motion to award bid for holding tanks for Road & Bridge to Gencor. Motion by: Ramirez Seconded by: Smith Exhibit: 13. Discuss and take action on authorizing the Purchasing Agent to dispose of Surplus Property without any commercial value. Paul Thompson relays there is a lot of surplus that is broken with no commercial value. Contract funds will be used to hire someone to organize property with value where departments can choose what they need. Motion to authorize the Purchasing Agent to dispose of Surplus Property without any commercial value. Page 2

3 Motion by: Prude Seconded by: Bradford Exhibit: 14. Acknowledge the donation to the Sheriff s Office in the amount of $25.00 from Mr. W.B. Ward, Jr. for bulletproof vests. Motion to acknowledge the donation of $25.00 from Mr. W.B. Ward, Jr. to the Sheriff s Office for bulletproof vests. Motion by: Prude Seconded by: Smith Exhibit: 15. Discuss and take action on amending the Travel Policy, Section Sheriff Painter would like the Travel Policy to be amended for an advance to match the actual rate of the hotel instead of $ Auditor Julie Marks relays she doesn t have a problem with changing it and would need the entire backup as to the actual rate for the host hotel. County Attorney Russell Malm would like to draft the policy and wording with the Auditor for Court approval. County Attorney can draft some options that could cover the actual per diem for meals, hotel rate, and hotel tax rate. 16. Discuss and take action on request by the Sheriff to start a Civil/Warrant Section employee at a higher grade and step. Sheriff Gary Painter requests starting employee at a higher grade due to experience. Motion to approve Sheriff to start a Civil/Warrant employee at a Grade 17, Step Discuss and take action on authorizing the County Judge to sign the updated lease with the Midland Gem & Mineral Society. Motion to authorize the County Judge to sign the updated lease with the Midland Gem & Mineral Society for 801 N. Fort Worth Street property. 18. Discuss and take action on allowing the Midland Gem & Mineral Society to use the old Tax offices located at 707 W. Washington from July 19, 2004 through August 7, 2004 for the sale of Lapidary equipment, rocks, jewelry equipment and other equipment to the public. Midland Gem & Mineral Society is a non profit tax entity. The society is looking for a place to sell their old equipment to their members. Commissioner Ramirez asks if the area is clean and if it is being air conditioned or heated currently. Dale Little reports they currently run the air conditioning. Commissioner Bradford relays they would like a clean up deposit of $ and a rent of $ to cover utilities based on square footage. Motion to allow the Midland Gem & Mineral Society to use the old Tax office at 707 W. Washington from July 19, 2004 to August 7, 2004 for the sale of equipment to their members with a deposit of $ and rent of $ Motion by: Bradford Seconded by: Prude Exhibit: 19. Discuss and take action awarding the bid for construction of the Horseshoe. Commissioner Mike Bradford relays the bids were opened and more time is needed for study. 20. Discuss and take action on plans for Service Station area in Annex Parking Lot. Commissioner Jimmy Smith recommends paving over area and leaving railing. Commissioner Smith relays this is the least expensive and could be changed at a later date. Motion to pave Service Station area in Annex Parking Lot. Motion by: Smith Seconded by: Ramirez Exhibit: 21. Discuss and take action on changing the Travel Policy regarding the reimbursement of Internet fees. County Attorney Russell Malm will make policy changes to submit to Court. 22. Discuss and take action approving travel to Colorado Springs, Colorado to attend the 28 th Annual Summer Institute on Addictions and Behavior Health on August 2 through 5, 2004 for an employee in Juvenile Probation. Motion to approve a Juvenile Probation employee to attend conference in Colorado. Page 3

4 Motion by: Prude Seconded by: Bradford Exhibit: 23. Discuss and take action on request by Constable, Precinct 4 to use Homeland Security funds to purchase a repeater and related equipment. 24. Discuss and take action on revising the deferred compensation plan for county employees. Treasurer Bob Henderson reports these changes bring us up to date in compliance with the law. Treasurer would like to only include full time employees as eligible for the deferred compensation plan. The IRS currently is allowing loans from this plan. Treasurer would prefer not to include the loan provision in the plan since the funds can be withdrawn in an emergency. The Treasurer would like to bid one company to enable a better rate for the employees. Commissioner Prude would like to see us bid for the plan. Assistant Attorney Abby Warren relays they are not tax attorneys and a tax consultant may need to advise on the plan. Commissioner Bradford would like to have a tax attorney look at this issue. Motion to adopt the proposed deferred compensation plan changes. Motion by: Prude Seconded by: Smith Motion and second withdrawn. Motion to permit the Court to enter into a contract with a tax professional selected by the County Judge for review of the deferred compensation plan at a cost not to exceed $ Motion by: Bradford Seconded by: Smith Exhibit: 25. Accept reports from Midland County Elected Officials and Department Heads. Fire Marshall Dale Little clarifies it was the City Fire Marshall that visited the Fire Station. Elections Administrator Donna Robertson reports tomorrow the AutoMark voting system will be demonstrated at her office tomorrow. 26. Discuss and take action on fleet accidents. Dale Little relays there have been 3 fleet accidents. One accident was an employee with the District Attorney s office and the person responsible has insurance. Sheriff s Office vehicle was backed into in a parking lot. The responsible party has insurance. Road & Bridge road maintainers were passing each other and the arms on the blades collided. The cost to replace blades are about $4,000 each. Motion to approve $8, from Risk Management to replace blades on road maintainers. Motion by: Bradford Seconded by: Smith Exhibit: 27. Take action acknowledging personnel memoranda. Motion to acknowledge personnel memoranda for Justin Briseno, Gabriel Corralez, J.W. Currie, Timothy Galyon, Kelly Robinson, Thomas Rodriguez, Dean Soper, Andrew Stallings, Michelle Alvarez, Alma Gonzalez, Kenneth Thompson, Felipe Acosta, Manuel Aguirre, Jesus Aranda, Francis Cheauma, James Granberry, Brian Grigsby, Nathan Heidelbert, Luciano Madrid, Daryl Martin, Donald Richard, Leslie Roberts, Thomas Wilson, Ken Colston, and Greg Galvan. 28. Take action on budget line-item transfer requests. Motion to approve line-item transfers for Road & Bridge, Agriculture, Employee Activity Fund, and Juvenile Probation State. Motion by: Ramirez Seconded by: Smith Exhibit: 29. 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 do maintenance on WCR 120 and SCR 1200; Atmos Energy to do maintenance on WCR 138 and SCR 1193; City of Midland to place water tap on Industrial; Michael K. Davis to construct a driveway abutting ECR 102; Donbek Inc. to construct driveways abutting SCR 1126; Rodney and Patti Hollums to construct a driveway abutting ECR 103; Page 4

5 Mike McPherson Construction to construct a driveway abutting WCR 48; Louis Dreyfus Pipeline to repair pipeline on CR 1050; SBC to lay fiber cable on WCR 125 and SCR 1300; Sheno Corp to bury phone line on ECR 90. For: All Commissioners Against: Abstaining: 30. Take action on submitted applications for the use of the County Exhibit Building. None. 31. Discuss and take action on approving bills. Motion to approve payment of bills as submitted. Motion by: Ramirez Seconded by: Prude Exhibit: Regular Session recessed to conduct Executive Session. 32. Conduct Executive session pursuant to Texas Government Code Section to consult with County Attorney regarding pending and prospective litigation and other matters. 33. Conduct Executive session pursuant to Texas Government Code Section to discuss personnel matters. 34. Conduct Executive session pursuant to Texas Government Code Section to deliberate the purchase, exchange, lease, or value of real property. Executive Session was concluded and Regular Session reconvened. 35. Take action on Executive Session matters. ADDENDUM 1. Discuss and take action reappointing Mr. Bob Templeton to serve another two year term on the Permian Basin Community Centers Board of Trustees. Motion to reappoint Mr. Bob Templeton to serve another two year term on the Permian Basin Community Centers Board of Trustees. Motion by: Smith Seconded by: Bradford Exhibit: 2. Discuss and take action on amending the Midland County Personnel Policy sections as follows: 1) 5.06 Delete reference to flat dollar amount merit increases and change maximum increase from 2 steps (5%) to 4 steps (5%) under new plan.; 2) 5.07 Eliminate all references to flat dollar amount increases connected directly to the individual employee; 4) 8.04 Change vacation leave accrual from credited at end of month to credited in each pay period ; and 4) 8.10 Change sick leave to match accrual starting with first check issued as is done by current payroll system. Treasurer Bob Henderson relays these are clean up items to the Personnel Policy resulting from the new Step and Grade. Motion to amend the Midland County Personnel Policy to include the changes as listed above. The next Regular meeting for the Commissioners Court will be held on THURSDAY, June17, 2004, 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 June, Shauna Brown, County Clerk Page 5