Please note: All agenda items are considered PASSED unless indicated otherwise.

OPEN SESSION: 

RESOLUTIONS
1. Consider and take necessary action to adopt a resolution proclaiming April 2025, as “Sexual Assault Awareness Month” in Smith County.

PRESENTATIONS
2. Receive presentation from David Quin, Program Manager with Texas Conference of Urban Counties, Public Power Pool (“P3”) regarding new procurement proposal and rate projections.

Comments:

Smith County is a member of Public Power Pool (“P3”) through their membership with Texas Conference of Urban Counties (CUC). P3 procures electricity on behalf of the membership pool. By combining the buying power of the pool, P3 is able to secure better rates for electricity.

• Smith County Has Saved Over $1.2 Million since 2019
• Just in 2023, Smith County Saved Over $555,000

EMERGENCY MANAGEMENT
3. Consider and take necessary action to award a contract for 15-25 Multi-Jurisdictional Mitigation Action Plan and authorize the county judge to sign all related documentation.

Comments:

Local hazard mitigation planning reduces loss of life and property by minimizing the impact of disasters. Local governments identify natural disaster risks and vulnerabilities that are common in their area. After identifying these risks, they develop long-term strategies for protecting people and property from similar events. Mitigation plans are key to breaking the cycle of disaster damage and reconstruction. On January 14, 2025, the Commissioners Court authorized the Purchasing Department to advertise, solicit, and receive sealed proposals for RFP-15-25 Smith County Multi-Jurisdictional Mitigation Action Plan. The contract was awarded to H20 Partners in the amount of $95,420. The funding for this Hazard Mitigation Action Plan (HMAP) will be reimbursed in 3 stages through a grant from the General Land Office. H20 Partners will provide all technical and professional expertise, knowledge, management, and other resources required for developing an HMAP. H20 Partners will conduct 3 workshops and 3 public meetings – a Kick-off Workshop, a Risk Assessment Workshop, and a Mitigation Action Workshop, to be scheduled with Smith County Emergency Management Coordinator. H20 Partners will write and develop each section of the HMAP, submit the draft to SC Emergency Management Coordinator and once approved will submit the plan to Texas Division of Emergency Management (TDEM). The plan must clear TDEM before it can be submitted to FEMA. Once FEMA approves the plan, H20 will provide the final plan to our Smith County Emergency Management Coordinator. This is a great effort by our Emergency Management Coordinator, Brandon Moore, to protect Smith County citizens and property during times of disaster. I look forward to seeing the work that goes into this HMAP and the final product.

ROAD AND BRIDGE

4. Consider and take necessary action to accept the completion of the construction contract for Road Improvements to CR 129, authorize the county judge to execute the Reconciliation Change Order, and authorize final payment to Texana Land & Asphalt, Inc.

Comments:

The Road and Bridge Department was requesting the Commissioners Court to accept the completion of RB-07-25, Roadway Improvements to CR 129 (FM 756 to CR 113), as performed by Texana Land & Asphalt, Inc. The contract was awarded in the bid amount of $576,758.60. The final construction cost is in the amount of $570,948.30, resulting in an underrun of $5,810.30. Paving improvements were made for a total of 1.951 miles of county roadways.

This project was funded through the Road and Bridge budget not the Road Bond Program. The east end of CR 129 was completed but the entire roadway will likely be done by next year. It will be included in the FY 26 budget for Road and Bridge.

TAX OFFICE

5. Consider and take necessary action to approve tax refunds in excess of $2,500, pursuant to Texas Tax Code 31.11 and authorize the county judge to sign all related documentation.

Comments: 

The tax refund was for overpayment by $3,863.38.

INFORMATION TECHNOLOGY

6. Consider and take necessary action to approve the Smith County Information Technology Security and Acceptable Use Policy and authorize the county judge to sign all related documentation.
 
Comments: 

This is a new Acceptable Use Policy designed for all our Smith County employees. Prior to this independent policy, the Smith County Handbook, Chapter 4.3, was accepted as our Electronic Information and Technology Policy. This Acceptable Use Policy is required for our cyber insurance policy.  An Acceptable Use Policy protects both the provider and the user by ensuring the service is used appropriately and safely. The policy provides guidelines on what our employees can and cannot do with devices on our system. It will help to protect sensitive information and prevent legal issues. There are consequences for violations described in the policy.  I commend Mr. Bell on this robust policy to protect our technology and our data.  

COUNTY CLERK

7. Consider and take necessary action to approve the County Clerk’s Deputy, one time exception, request to increase pay by $6,154 based on the level of experience.
 
Comments: 

4 Ayes; 1 Nay; Prior experience with another county is not recognized when the county hires a new employee, but the Department Head or Elected Official can come to Commissioners Court to ask for a pay adjustment. The County Clerk had an employee that was hired on July 25, 2022.  She came from Bell County’s Vital Statistics Department with 2+ years’ experience. Unless you work for the Sheriff’s Dept as a Licensed Peace Officer, the county’s hiring policy doesn’t allow recognition of your past experience to affect your level on the pay scale, meaning you start at Level I. There are multiple levels that are outlined in the pay scale for each department. The timeframe is generally Level I at 0-5 years, Level II at 5-10 years, Level III at 10+ years. Having 2+ years’ experience, this employee entered at the Level I pay with 0 years.  She would have to work here 5 years and 1 day to earn her way to the next level on the pay scale. Mrs. Phillips wanted to recognize her employee’s time prior to working for Smith County at this juncture because by adding the two employment times together, her employee would reach Level II on April 15th this year.  Without adding her prior experience, the employee would need to wait until July 25, 2027, to move up to the next level in pay.  Mrs. Phillips explained some uniqueness to this particular position that differentiated it from other lines of employment here in the county system. This is not an unprecedented request. In the last 5 months, the Sheriff’s Office has requested and received recognition for two employees’ prior experience that were not Licensed Peace Officers, and Judge Clay White from the County Court at Law #3 also had an employee approved for a pay increase. 
 
Every employee is valuable to the county and to the taxpayer.  They have a special skill set to serve in the department they work in, and they try to provide the best service to the public in their capacity. I don’t think it is a fair practice to not acknowledge what they bring to the table when they start with the county. The fruit of their labor is supposed to be rewarding. If we are truly “Striving for Excellence” as our motto states, I think that begins with the employees that we hire feeling valued for their skills, their knowledge and experience.  When our employees work in an environment where they know they are recognized and rewarded, the taxpayer benefits from that contentment. For the county, hiring a more experienced employee is a time and cost savings. I think we should explore amending our county’s hiring policy to make Smith County more attractive to experienced employees and improve employee retention.

SHERIFF’S OFFICE

8. Consider and take necessary action to award a contract for inmate food services program and the discretionary exemption in accordance with Texas Local Government Code, §262.024(a)(8) and authorize the county judge to sign all related documentation.
 
Comments: 

This contract is with Sysco East Texas for food service at the Smith County Jail and Juvenile Attention Center. In 2022, the Purchasing Department asked the previous Commissioners Court to allow the Jail to independently send their food supply services out to bid and the Court granted that change. Deputy Colton Parsell coordinated this effort for the Smith County Jail. In speaking with Deputy Parsell, he indicated that he solicited bids from Sysco, Selrico, US Foods, Performance Food Group and Chain Distribution Services.  Additionally, he contacted other county jails about their contracted food supply services. I was surprised to hear that not all of the food providers returned a bid. The contract was awarded to Sysco East Texas. 
 
Jails that use outside services to prepare meals are on average around $2.75/meal.  Preparing the meals in-house at the Smith County Jail using Sysco East Texas as the food supplier costs just under $2.00/meal.  They are able to meet all of the dietary restrictions and accommodations for inmates. The food products are good quality and Sysco has excellent customer service turnaround for any damaged goods.

9. Consider and take necessary action to approve contracts for legal services for indigent criminal defendants for John Jarvis, 241st District Court pursuant to the Texas Code of Criminal Procedure, Article 26.04.

Comments: 

John Jarvis will provide Indigent Defense for the 241st District Court, Judge Debby Gunter’s court, for a total of $60,000 for the remainder of this fiscal year – 4/1/25 through 9/30/25. 

RECURRING BUSINESS 

ROAD AND BRIDGE

10. Consider and take necessary action to authorize the county judge to sign the:
         a. Final Plat for the Stottern Addition, Precinct 3, and
         b. Re-Plat for the Cumberland Ridge Subdivision, Unit 5 Precinct 1.
 
11. Receive pipe and/or utility line installation request (notice only):
        a. County Road 184, Atmos Energy Corporation, install culvert, Precinct 1,
        b. County Road 217, Charter-Spectrum, install aerial fiber optic cable, underground conduits, vaults and pedestals, Precinct 3,
        c. County Road 21, 233 and 234, Charter-Spectrum, install underground fiber optic cable, vaults and pedestals, Precinct 3,
       d. County Road 245 N, 3111 N, 3112 N, 3185 N, 3200 and 3207, Charter-Spectrum, install underground fiber optic cable, vaults and pedestals, Precinct 3,
       e. County Road 236, 246, 26, 2305, 235, 233, 234, Charter-Spectrum, install underground fiber optic cable, vaults and pedestals, Precinct 3,
       f. County Road 246, 244, 26, 3211, 3199, 217 and 29, Charter-Spectrum, install underground fiber optic cable, vaults and pedestals, Precinct 3, and
      g. County Road 178, Lawley Contracting LLC, install underground fiber optic cable with pedestal, Precinct 1.

AUDITOR’S OFFICE

12. Consider and take necessary action to approve and/or ratify payment of accounts, bills, payroll, transfer of funds, amendments, and health claims.

SHERIFF’S OFFICE

13. Receive report on status of Smith County jail operations, inmate population, employee overtime, and employee vacancies.

EXECUTIVE SESSION: 

For purposes permitted by Texas Government Code, Chapter 551, entitled Open Meetings, Sections 55 l.071, 55 l.072, 551.073, 551.074, 551.0745, 551.075, and 551.076. The Commissioners Court reserves the right to exercise its discretion and may convene in executive session as authorized by the Texas Government Code, Section 551.071, et seq., on any of the items listed on its formal or briefing agendas.
 
SECTION 551.071 – CONSULTATION WITH ATTORNEY
 
14. Deliberation and consultation with attorney regarding pending or contemplated litigation in Texas Associations of Counties, Law Enforcement Claim Number LE20242007-1.

OPEN SESSION:
 
15. Consider and take necessary action to approve a waiver pursuant to Texas Disciplinary Rules of Professional Conduct, 1.06.

ADJOURN