Judge breaks tie on commisoners’ vote to pay for parking lot repairs

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Staff Reports

After some debate, and a rare tie vote, Judge Leward LaFleur cast the vote to approve the County paying their portion of the repair costs on the parking lot behind the courthouse.

Earlier this year a sinkhole re-appeared in the parking lot costing the City $149,985 to repair. The repair was authorized by Jefferson Mayor Rob Baker under LGC 252.022 which allows a repair to be made without the bidding process if it meets certain criteria. Baker felt the repair qualified as it was “necessary to preserve or protect the public health or safety” according to code. 

City Council held two public debates on the repair order earlier this year, and ultimately sought a third-party attorney opinion if it qualified. 

The opinion, which the City has refused to release to date by citing attorney-client privilege and is under review by the Texas Attorney General’s Freedom of Information Act Office, indicates the Mayor acted within his authority, based on discussion held during the Open Meeting portion of a Council meeting when the City authorized payment.

Commissioner Pct. 4 Charlie Treadwell objected to the payment, first citing the existing agreement the County has with the City did not apply as he felt it dealt with a repair in 2008 but was shown it included a clause for future repairs, then by objecting based on the County being required to go out for bids on any amount over $50,000. 

Pct 2 Commissioner Jacob Pattison voted with Treadwell against approving the payment.

Attorney Bill Gleason, acting for the County Attorney’s office, said the County could fight it in court, but would most likely lose based on the agreement and that Commissioners did not object to the repair process at the time.

The County’s portion of the bill was $72,980 and was approved for payment using ARPA Revenue Loss Funds provided by the US Federal Government.

Commissioners also tabled a request to approve a lease addendum with Jefferson ISD regarding using a portion of the Smithland VFD building for the office location for JP and Constable Pct 2 offices.

Treadwell asked to table the agreement until portions of it could be clarified concerning the specific portions of the building the county would be responsible for repairing and maintaining.

Commissioners approved extending an Information Technology Products and Services agreement with Avenu Enterprise Solutions LLC for the County Clerk’s office by one year as there was a delay in obtaining the contracted equipment. The agreement will now expire in December 2027.

The Mims VFD is again the owner of an International 1982 Tanker they donated to the County two years ago to be able to obtain a grant for a new tanker truck. However, since then, the new truck has experienced mechanical problems and the VFD has been without a working tanker truck. Commissioner J.R. Ashley said he had used the tanker maybe one time over the last two years.

Lastly, Precincts 2 and 3 approved declaring a 1998 Chevy Dump Truck and a 1987 Cat 12G Motorgrader as surplus and authorized their sale through AuctioneerExpress.

Commissioners held another round of a Budget Workshop following the regular meeting. In the workshop, commissioners received an updated proposed budget with a flat 3% raise for the General, Road & Bridge and CHS budgets. Raises were not projected for VSO, EMC or solid waste or part-time employees.

Commissioners reviewed the elected officials budget requests, again striking any raise request over 3% except for the Sheriff’s Department. They also eliminated any requests for new employees or large increases for extra help. The brunt of the denials again affected Tax Assessor Collector Karen Jones’ office which now has the added duties of coordinating elections in Marion County.

Pattison expressed his dislike for Jones not being present for the discussions about her office, but Jones texted the Jimplecute that she was in a webinar on calculating the tax rate for 2022 and considered that more important for the County than attending the budget workshop.

Commissioners will hold another budget workshop on August 5 with the hope of finalizing the budget for approval by August 29.