COMMISSIONERS COURT DOCKET, AUGUST 27, 2007 SPECIAL SESSION

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1 COMMISSIONERS COURT DOCKET, AUGUST 27, 2007 SPECIAL SESSION THE STATE OF TEXAS COUNTY OF MONTGOMERY BE IT REMEMBERED that on this the 27 th day of August, 2007, the Honorable Commissioners Court of Montgomery County, Texas, was duly convened in a Special Session in the Commissioners Courtroom of the Montgomery County Courthouse Annex, Conroe, Texas, with the following Members of the Court present: County Judge, Commissioner, Commissioner, Commissioner, Commissioner, Alan Barb Sadler Precinct #1 - Mike Meador Precinct #2 - Craig Doyal Precinct #3 - Ed Chance Precinct #4 - Ed Rinehart INVOCATION GIVEN BY DAVID WALKER, COUNTY ATTORNEY PLEDGE OF ALLEGIANCE RECITED BY EVERYONE PRESENT 1. COMMISSIONERS COURT AGENDA APPROVED Motion by Commissioner Doyal, seconded by Commissioner Chance, to approve Commissioners Court Agenda for discussion and necessary action. Motion carried. 2. PROCLAMATION APPROVED - RESPONSIBLE DOG OWNERSHIP DAY Motion by Judge Sadler, seconded by Commissioner Doyal, to approve the Proclamation to declare September 15, 2007 as Responsible Dog Ownership Day in Montgomery County, as per Proclamation on file. Motion carried. 3. RESOLUTION APPROVED - DON BLANTON MEMORIAL BRIDGE Motion by Commissioner Doyal, seconded by Commissioner Meador, to approve the Resolution supporting the memorial designation of the new FM 3083 bridge over I-45 as the Don Blanton Memorial Bridge, as per Resolution on file. Motion carried. 4. MINUTES APPROVED - COMMISSIONERS COURT MINUTES - COUNTY CLERK Motion by Commissioner Chance, seconded by Commissioner Rinehart, to approve Commissioners Court Minutes for July 23, 2007 and August 13, 2007, as presented by the County Clerk. Motion carried. 5. CONSENT AGENDA APPROVED - AGENDA ITEMS 8A THROUGH 8G Motion by Commissioner Chance, seconded by Commissioner Meador, to approve the Consent Agenda, as follows: COUNTY AUDITOR - AGENDA ITEMS 8A a. ACCOUNTS approved, as submitted by the County Auditor.

2 b. BUDGET AMENDMENTS approved, as follows: 1. Animal Shelter - to adjust line items 2. Animal Shelter - to recognize and allocate revenue 3. CDBG - to fund PO Commissioner, Pct. 3 - to fund Spring Creek Greenway Patrol for P/R Commissioner, Pct. 3 - to fund Spring Creek Greenway Patrol for P/R Commissioner, Pct. 3 - to recognize and allocate reimbursements and to recognize and allocate revenue 7. Commissioner, Pct. 4 - to adjust line items 8. Commissioner, Pct. 4 - to recognize and allocate reimbursements 9. Constable, Pct. 1 - to recognize and allocate reimbursement 10. Constable, Pct. 2 - to adjust line items 11. Constable, Pct. 4 - to recognize and allocate surplus revenue 12. County Court at Law #1 - to adjust line items 13. County Judge - to fund indigent burials 14. County Park - to adjust line items 15. County Treasurer - to transfer funds for PO Court Collections - to adjust line items 17. District Attorney - to recognize and allocate juror donations 18. District Attorney - to recognize and allocate prosecutors longevity for June 07 through August Elections Administrator - to adjust line items 20. Environmental Health - to transfer funds for VPN token 21. Justice of the Peace, Pct. 3 - to adjust line items 22. Juvenile Probation - to recognize and allocate revenue 23. Risk Management - to transfer funds for damage claims 24. Sheriff-Auto Theft Year 13 - to adjust line items 25. Sheriff - to adjust line items 26. Sheriff - to recognize and allocate reimbursements 27. Sheriff - to recognize and allocate reimbursements 28. Various - to sweep surplus salary/benefits as per Budget Amendments on file. c. MONTHLY FINANCIAL REPORT accepted, for May, 2007, as per Report on file. d. MONTHLY FINANCIAL REPORT accepted, for June, 2007, as per Report on file. e. MONTHLY FINANCIAL REPORT accepted, for July, 2007, as per Report on file. f. REQUEST approved, to accept the Interim Arbitrage Rebate Analysis from Bond Logistix, for Series 2002 Road Bonds and Refunding Bonds, as per Report on file. COUNTY TREASURER - AGENDA ITEMS 8B AGENDA ITEM 8B-1 - WEEKLY INVESTMENT REPORT FOR AUGUST 20-24, REMOVED FROM AGENDA a. PLEDGES AND/OR RELEASE OF COLLATERAL approved, as outlined in the Report on file. b. REPORT approved, for pledged securities for the month of July, 2007, as per Report on file. -2-

3 PURCHASING DEPARTMENT - AGENDA ITEMS 8C a. AUTHORIZATION TO ADVERTISE approved, for the following bids/proposals: 1. Miscellaneous materials for building of the Reaching Pines Transitional Housing Project - CDBG 2. Installation of hybrid bermuda grass - Precinct 4 3. Point to point wireless bridges and software appliance - Precinct 3 b. RENEWAL CONTRACTS approved, as follows: 1. Tele-Works, Inc. - PO # for programming/technical resources service - Various Departments 2. Strategy 7 Corporation - PO # for programming/technical resources service - Various Departments 3. 1mage Software, Inc. - PO # for programming/technical resources service - Various Departments - changes notes in file 4. Goodpointe Technology Corporation - PO # for programming/ technical resources service - Various Departments 5. ADDCO, Inc. - PO # for programming/technical resources service - Various Departments - changes noted in file 6. JCL Associates, Inc. - PO # for programming/technical resources service - Various Departments 7. CITOC, Inc. - PO # for voice over IP hardware - CIS 8. Baker & Taylor, Inc. - PO # for service for supplying library books - Library 9. Tandem Library Group - PO # for service for supplying library books - Library 10. Bound to Stay Bound Books - PO # for service for supplying library books - Library - changes noted in file 11. Choices Adolescent Treatment Center - PO # for residential placement - Juvenile Services as per Memo on file. c. REQUEST approved, that Vehicular radio modems-hardware/accessories - CIS be renamed Antenna & accessories for vehicular radio modems - CIS. (No paperwork) d. REQUEST approved, to declare old uniforms from Custodial Services as salvage, as per Request on file. e. PERFORMANCE AND PAYMENT BONDS accepted, from Third Coast Services, LLC, for construction of traffic signalization at Grogans Park Dr./site driveway & Sawdust Road, each in the amount of $250,820.50, as per Bonds on file. f. EXECUTED AGREEMENT accepted, for a waste water disposal system with MUD 39, as per Agreement on file. g. CANCELLATION approved, of PO # , to Hellard Services for lawn maintenance service at Gene Campbell Park, effective September 16, 2007, as per Request on file. h. CHANGE ORDER #1 approved, PO # , to Identigene, LLC, to add items to the contract for DNA testing, as per Change Order on file. i. CHANGE ORDER #1 approved, PO # , to Arcadis US, Inc., to extend the contract time by 365 days for the routine & design study for development of a diagrammatic layout of McCaleb Road from FM 2854 to SH 105, as per Change Order on file. -3-

4 j. CHANGE ORDER #1 approved, PO # , to PBS&J Corporation, to extend the contract time by 365 days for engineering services for Nichols- Sawmill Road from Country Woods Road to Spring Creek/Mueschke Road, as per Change Order on file. k. CHANGE ORDER #3 approved, PO # , to Dell Marketing, LP, to add items to the contract for laptop PC/toughbooks, as per Change Order on file. l. CHANGE ORDER #12 approved, PO # , to Hardco Pest Control, to reflect changes to the contract for pest control services, as per Change Order on file. m. PURCHASE acknowledged, of nine (9) new 2008 Ford Police Interceptors for the Sheriff s Department from Philpott Motors, in the amount of $185, (purchase to be made through the Buy Board), as per Request on file. n. REQUEST approved, that September 17, 2007 be the cut off date for purchasing goods and services, except for emergency and/or operational needs that are absolutely necessary. (No paperwork) o. CHANGE ORDER #1 approved, PO # , to R. Kyle McIntyre, for right-ofway acquisition services on FM 830, as per Change Order on file. BUDGET DEPARTMENT - AGENDA ITEM 8D a. RECEIPT acknowledged, of the Montgomery County Expenditure Status Summary and the Montgomery County Expenditure Status Summary - Sheriff as of August 22, 2007, as per Report on file. COMMISSIONER, PRECINCT #3 - AGENDA ITEMS 8E-1 a. APPOINTMENT approved, of Michael Hayles to the Montgomery County Child Protective Services Board, as per Request on file. b. REQUEST approved, to accept the following roads into the one year maintenance period: 1. Spindle Tree Dr. 2. W. Spindle Tree Cir. 3. Barker Ridge Court 4. Otter Lodge Place 5. Riva Row as per Request on file. COMMISSIONER, PRECINCT #4 - AGENDA ITEMS 8E-2 a. APPOINTMENT approved, of Mike Zepeda to the Montgomery County ESD #9 Board, to finish the term of Clayton Brown, as per Request on file. b. CHECK accepted, in the amount of $2, from the City of Roman Forest, for the purchase of fuel for the month of June, 2007, pursuant to an interlocal agreement dated October 7, 2002, as per Request on file. (No check received through County Clerk s office) c. PAYMENT approved, of 80 hours of comp time to Billy Kelly, as per Request on file. -4-

5 COMMISSIONERS - COUNTY ATTORNEY - ROAD AND BRIDGES COMMISSIONER, PRECINCT #1 - AGENDA ITEMS 8F-1 a. ORDER approved, authorizing purchase of right of way known as Parcel 73 for the FM 1097 Project, as per Order on file. b. ORDER approved, authorizing purchase of right of way known as Parcel 78 for the FM 1097 Project, as per Order on file. COMMISSIONER, PRECINCT #2 - AGENDA ITEM 8F-2 a. ORDER approved, acknowledging receipt of a check in the amount of $12.00, from Leon Fritsche, for lease of real property in Spring Creek Forest, Section 4, as per Order on file. COMMISSIONER, PRECINCT #3 - AGENDA ITEM 8F-3 a. ORDER approved, consenting to street construction, repair and maintenance by Montgomery County, pursuant to an Interlocal Agreement with the Woodlands Joint Powers Agency, to set culverts at 20 E. Wandering Oak, as per Order on file. COMMISSIONERS - COUNTY ENGINEER COMMISSIONER, PRECINCT #1 - AGENDA ITEM 8G-1 a. PUBLIC HEARING DATE set, for September 10, 2007, to consider placing No Parking signs at the water treatment plant on Lakeshore Circle cul-de-sac in the Seven Coves Subdivision, as per Request on file. COMMISSIONER, PRECINCT #2 - AGENDA ITEMS 8G-2 a. ROADS accepted - Champions Drive and Village Creek Right of Way Dedication, in High Meadow Ranch, into the county road system, and to release the bond, as per Request on file. b. UTILITY PERMIT approved, for San Bernard Electric Cooperative, Inc. to place an underground power line within the right of way of Alford Road, as per Permit on file. c. UTILITY PERMIT approved, for San Bernard Electric Cooperative, Inc. to place an underground power line within the right of way of Bob Link Road, as per Permit on file. d. UTILITY PERMIT approved, for San Bernard Electric Cooperative, Inc. to place an underground power line within the right of way of Skylark Road, as per Permit on file. COMMISSIONER, PRECINCT #3 - AGENDA ITEMS 8G-3 a. FINAL PLAT approved, for The Woodlands - Village of Sterling Ridge, Section 87, as per Plat on file. b. PUBLIC HEARING DATE set, for September 10, 2007, to consider changing the following street names in The Woodlands - Village of Sterling Ridge, Section 82: 1. Prickly Pear Drive to Player Manor Drive 2. North & South Prickly Pear Circle to North & South Player Manor Circle as per Request on file. -5-

6 AGENDA ITEM 8G3c - CONSIDER SETTING A PUBLIC HEARING FOR SEPTEMBER 10, 2007, TO APPROVE PLACEMENT OF A MULTI-WAY STOP SIGN AT WILDWOOD FOREST AND BUDDE ROAD - REMOVED FROM AGENDA COMMISSIONER, PRECINCT #4 - AGENDA ITEMS 8G-4 a. FINAL PLAT approved, for Enclave at Oakhurst, Section 3, consisting of acres, as per Plat on file. b. FINAL PLAT approved, for Montgomery Creek Ranch Trails Street Dedication, consisting of acres, as per Plat on file. c. ROADS accepted, in Riverwalk, Section 5, into the county road system, and to release the bond, as per Request on file. ALL PRECINCTS - AGENDA ITEM 8G-5 a. OVERLOAD/OVERSIZE PERMIT approved, for Porter Ready Mix, Inc. to move concrete across various county roads, with movement to begin not earlier than September 1, 2007 and to be completed by December 1, 2007, as per Permit on file. Motion carried. END OF CONSENT AGENDA 6. DISCRETIONARY EXEMPTION APPROVED - ISSUANCE OF CERTIFICATES OF OBLIGATION - COUNTY JUDGE Motion by Commissioner Chance, seconded by Commissioner Rinehart, to approve exemption from bidding requirements to engage the financial advisor, bond counsel and disclosure counsel in connection with the issuance of Certificates of Obligation, as per Request on file. Motion carried. 7. AGREEMENT APPROVED - FINANCIAL ADVISOR/RBC DAIN - COUNTY JUDGE Motion by Judge Sadler, seconded by Commissioner Chance, to approve the Agreement with RBC Dain Rauscher, Inc. dba RBC Dain Capital Markets, to serve as Financial Advisor in connection with the issuance of bonds, as per Agreement on file. Motion carried. 8. AGREEMENT APPROVED - BOND COUNSEL/FULBRIGHT & JAWORSKI LLP - COUNTY JUDGE Motion by Commissioner Chance, seconded by Commissioner Doyal, to approve the Agreement with Fulbright & Jaworski LLP, to serve as Bond Counsel in connection with the issuance of bonds, as per Agreement on file. Motion carried. 9. AGREEMENT APPROVED - DISCLOSURE COUNSEL/ANDREWS KURTH LLP - COUNTY JUDGE Agreement with Andrews Kurth LLP, to provide Disclosure Counsel services in connection with the issuance of bonds, as per Agreement on file. Motion carried. -6-

7 10. REQUEST APPROVED - UNITED WAY 2007 CAMPAIGN MANAGER - COUNTY JUDGE Motion by Commissioner Chance, seconded by Commissioner Meador, to approve appointing Montgomery County United Way as the 2007 Campaign Manager for the Montgomery County Charitable Giving Campaign. Motion carried. (No paperwork) THE COURT RECESSED FOR A PUBLIC HEARING REGARDING ADOPTION OF THE BUDGET THERE BEING NO ONE WHO WISHED TO DISCUSS THIS MATTER, THE PUBLIC HEARING WAS ADJOURNED AND COURT WAS RECONVENED 11. BUDGET ADOPTED - FISCAL YEAR COUNTY JUDGE Motion by Commissioner Chance, seconded by Commissioner Meador, to adopt the FY Budget for Montgomery County. Motion carried. (Budget on file in the County Clerk s office) 12. RESOLUTION AND ORDER APPROVED - AD VALOREM TAX RATE/ MAINTENANCE AND OPERATIONS - TAX ASSESSOR/COLLECTOR Motion by Commissioner Chance, seconded by Commissioner Doyal, to approve the Resolution and Order adopting the 2007 Ad Valorem Tax Rate for Maintenance and Operations at.4108/$100, which increases property taxes, as per Resolution and Order on file. Motion carried. 13. RESOLUTION AND ORDER APPROVED - AD VALOREM TAX RATE/DEBT SERVICE - TAX ASSESSOR/COLLECTOR Motion by Commissioner Chance, seconded by Commissioner Doyal, to approve the Resolution and Order adopting the 2007 Ad Valorem Tax Rate for Debt Service at.0780/$100, as per Resolution and Order on file. Motion carried. 14. RESOLUTION AND ORDER APPROVED AD VALOREM TAX RATE - TAX ASSESSOR/COLLECTOR Motion by Judge Sadler, seconded by Commissioner Chance, to approve the Resolution and Order allocating and fixing the 2007 Ad Valorem Tax Rate for Montgomery County, as per Resolution and Order on file. Motion carried. 15. REQUEST APPROVED - RIGHT OF WAY INSTRUMENT - JAIL FINANCING CORPORATION Right of Way Instrument to Entergy Gulf States, Inc., for the new county jail facility, as per Request on file. Motion carried. AGENDA ITEM 12A - JUDGE DENNIS WATSON, REPRESENTING THE COUNTY COURT AT LAW JUDGES, ADDRESSED THE COURT TO REQUEST A 10% INCREASE FROM THEIR CURRENT 2007 BASE SALARY, FOR EACH COUNTY COURT AT LAW JUDGE. AFTER MUCH DISCUSSION, THE COURT STATED THAT THE JUDGES SALARIES WILL REMAIN AS PROPOSED IN THE BUDGET. 16. REQUEST DENIED - TRANSFER OF UNUSED FUNDS TH DISTRICT COURT Motion by Commissioner Chance, seconded by Commissioner Doyal, to deny the request to transfer $8, from unused salary funds to the departmental supplies line item, to be used for courtroom remodel purchases. Motion carried. (No paperwork) -7-

8 17. PURCHASE APPROVED - COLOR PRINTER - JUSTICE OF THE PEACE, PCT. 5 Motion by Commissioner Doyal, seconded by Commissioner Rinehart, to approve the purchase of one Laser color printer for Justice of the Peace, Pct. 5, in the amount of $819.00, with funds from the Justice Court Technology Fund, as per Memo on file. Motion carried. 18. REQUEST APPROVED - TRANSFER OF FUNDS - CONSTABLE, PCT. #3 following transfer of funds, to bring an employee closer to midpoint: a. $1, from to b. $2, from to as per Memo on file. Motion carried. 19. RECLASSIFICATION APPROVED - COMMUNICATIONS SPECIALIST-RADIO TECHNICIAN - SHERIFF S DEPARTMENT Motion by Commissioner Chance, seconded by Commissioner Doyal, to approve reclassification of the current Sergeant-Communications position ( ), to a civilian position titled Communications Specialist-Radio Technician (Grade 12), as per Memo on file. Motion carried. 20. GRANT ACCEPTED - JUSTICE ASSISTANCE GRANT - SHERIFF S DEPARTMENT Motion by Commissioner Doyal, seconded by Commissioner Meador, to accept the Department of Justice-Justice Assistance Grant, with funding in the amount of $98,471.00, as per Grant Acceptance on file. 21. GRANT ACCEPTED - FY 08 STEP-SPEED - SHERIFF S DEPARTMENT Motion by Commissioner Rinehart, seconded by Commissioner Chance, to accept the FY 08 STEP-Speed Program Grant Agreement from the Texas Department of Transportation, as per Grant Agreement on file. Motion carried. 22. REQUEST APPROVED - TRANSFER OF FUNDS - SHERIFF S DEPARTMENT transfer of $1, from to , to correctly fund positions involved with personnel changes, as per Memo on file. Motion carried. 23. PAYMENT APPROVED - COMP TIME/VACATION HOURS - CUSTODIAL SERVICES Motion by Commissioner Chance, seconded by Commissioner Doyal, to approve payment of comp time and vacation hours to the employees outlined in the memo on file dated August 10, 2007, with funding from Contingency. Motion carried. 24. APPOINTMENT APPROVED - ELECTION & ALTERNATE JUDGES - ELECTIONS Motion by Judge Sadler, seconded by Commissioner Doyal, to approve the Appointment of Election Judges, Alternate Judges and Central Counting Station Officials, and early voting times for the November 6, 2007 Joint Election, as per List on file. Motion carried. 25. PRICE LIST APPROVED - ELECTIONS PUBLIC INFORMATION - ELECTIONS new Elections Public Information Price List, as per List on file. Motion carried. -8-

9 26. REQUEST APPROVED - CARRYOVER OF FUNDS - ELECTIONS Motion by Commissioner Doyal, seconded by Commissioner Meador, to approve the carryover of May 12 Election Reimbursement funds from the Secretary of State. Motion carried. (No paperwork) 27. FUNDING APPROVED - DEVELOPMENT OF TRAINING MANUAL - ELECTIONS Motion by Judge Sadler, seconded by Commissioner Chance, to approve funding from Election Contract Funds for the development of training manuals for early voting and election day poll workers, as per Estimate on file. Motion carried. 28. RECOMMENDATION APPROVED - FUNDING FOR COMMITTEE ON AGING, INC. - COUNTY AUDITOR Motion by Commissioner Rinehart, seconded by Commissioner Doyal, to approve the recommendation for payment of the August allocation to the Friendship Center, in the amount of $19, Motion carried. (No paperwork) 29. REQUESTS APPROVED - COURT REPORTER SERVICE FUND - COUNTY AUDITOR Motion by Commissioner Chance, seconded by Commissioner Doyal, to approve the following requests to use funds from the Court Reporter Service Fund: a. 9 th District Court - $5, to purchase steno machine b. 284 th District Court - $4, to purchase shorthand machine c. 359 th District Court - $1, to purchase two wireless lavalier microphones and transmitters as per Requests on file. Motion carried. 30. REQUEST APPROVED - DRUG FORFEITURE ACCOUNT - DISTRICT ATTORNEY Motion by Judge Sadler, seconded by Commissioner Chance, to approve the request for budget amendment to Montgomery County District Attorney Drug Forfeiture Account, Department #4353, through the end of the budget year, as per Request on file. Motion carried. AGENDA ITEMS 21A - 1, 3, 4, 5, 6, 7 & 8 - RECOMMENDATIONS AND CONTRACTS - DEFERRED 31. RECOMMENDATION AND CONTRACT APPROVED - FIBER SWITCHES & ACCESSORIES - CIS Motion by Commissioner Chance, seconded by Commissioner Rinehart, to award the bid, (opened July 6, 2007), for fiber switches and accessories, to Calence, LLC, as per Contract on file. Motion carried. 32. DISCRETIONARY EXEMPTION APPROVED - SPORTS FIELD CONSTRUCTION CONSULTATION - PRECINCT #4 Motion by Commissioner Rinehart, seconded by Commissioner Chance, to approve the Discretionary Exemption for sports field construction consultation services provided by Richard Luikens Golf Services, at a rate of $75.00 per hour plus travel and related expenses, as per Proposal on file. Motion carried. -9-

10 33. LEASE PURCHASE AGREEMENT APPROVED - RECLAIMER/STABALIZER - PRECINCT #4 Motion by Commissioner Rinehart, seconded by Commissioner Chance, to approve the Lease Purchase Agreement with SunTrust Leasing Corporation, for the purchase of one (1) new 4-wheel drive reclaimer/stabalizer at $384,649.50, to be financed over five (5) years with annual payments of $86,354.17, for a total of $431,770.85, as per Agreement on file. Motion carried. 34. DISCRETIONARY EXEMPTION APPROVED - PHOTO RED LIGHT ENFORCEMENT PROGRAM Discretionary Exemption for the Agreement with Redflex Traffic Systems, Inc., for the Photo Red Light Enforcement Program, as per Agreement on file. Motion carried. 35. RESOLUTION AND ORDER APPROVED - ISSUANCE OF ORDINANCE - COUNTY ATTORNEY Resolution and Order issuing an Ordinance of Montgomery County, Texas Holding a Motor Vehicle Owner Liable for Operation of a Motor Vehicle Contrary to a Steady Red Signal Displayed by an Electrically-Operated Traffic-Control Signal and Imposing a Civil Penalty for Violation of this Ordinance, as per Resolution, Order and Ordinance on file. Motion carried. 36. GRANT ACCEPTED - TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES CPS - COUNTY ATTORNEY Motion by Commissioner Chance, seconded by Commissioner Rinehart, to accept the Texas Department of Family and Protective Services CPS Grant, and to authorize the County Judge to sign for same, as per Grant Acceptance on file. Motion carried. 37. PUBLIC HEARINGS APPROVED - ALL PRECINCTS Motion by Commissioner Rinehart, seconded by Commissioner Chance, to approve the action taken on the following Public Hearings: a. Precinct #4 - to approve the partial replat of Kellyn Oaks, Section 1, to be known as Kellyn Oaks, Section 2; b. All Precincts - to approve an amendment to the Montgomery County Subdivision Rules and Regulations allowing the use of polymer coated corrugated metal pipe (AASHTO M245 & M246) and as an approved alternate to asphalt coated corrugated metal pipe, as per Request on file. Motion carried. EXECUTIVE SESSION The Court recessed into Executive Session in the County Judge s Chambers to discuss matters pursuant to one or more of the following provisions of the Texas Government Code, to wit: Chapter 551, Sub-Chapter D: 1. Consider and discuss Cause No CV, styled Jim Isaac Saddler, Jr. vs. Montgomery County Sheriff Guy Williams, Tommy Gage, Deputy Sgt. Weinzettle, Deputy Capt. Green, Cpl. Henrici and Deputy McLemore; in the 410 th District Court (Section ) 2. Consider and discuss Trisha Wakat, as Administratrix of the estate of James Henry Mitchell, et al vs. Montgomery County (Section ) COURT RECONVENED WITH ALL MEMBERS OF THE COURT PRESENT -10-

11 AGENDA ITEM 27 - CITIZENS - VICTORIA CONSTANCE, WITH CHILDREN S SAFE HARBOR, AND CHUCK DUCHARME, WITH MONTGOMERY COUNTY EMERGENCY ASSISTANCE, WERE PRESENT TO ASK THE COURT S CONSIDERATION IN PLACING BOTH AGENCIES BACK ON THE JUROR DONATION FORM - JUDGE SADLER RESPONDED THAT THE COURT WOULD RE-ANALYZE THE LIST 38. REQUEST APPROVED - HUMAN RESOURCES Budget Department recalculating and allocating the full 5% merit pool to departments with employees that are currently over the maximum salary within their salary range or will go over the maximum salary with the 5% merit increase, as per Memo on file. Motion carried. AGENDA ITEM 28B - CONSIDER AND APPROVE MOVING ALL CURRENT FULL-TIME EMPLOYEES THAT ARE BELOW 95% OF THE MIDPOINT OF THEIR SALARY RANGE UP TO 95% OF THE SALARY RANGE - REMOVED FROM AGENDA AGENDA ITEM 28C - CONSIDER AND APPROVE SALARIES OF ALL UPGRADED POSITIONS SUBMITTED FOR FY 08, TO A MINIMUM OF 95% OF THE MIDPOINT OF THE SALARY RANGE ASSIGNED TO THE NEW POSITION - REMOVED FROM AGENDA 39. PAYROLL CHANGE REQUESTS APPROVED - HUMAN RESOURCES Motion by Commissioner Rinehart, seconded by Commissioner Chance, to approve the following Payroll Change Requests: request of 9 th District Court to accept the retirement of Irene Beaupre, Court Reporter, effective July 31, 2007, with vacation hours and 80 sick hours (grandfathered) due request of 9 th District Court to transfer Paula Mooneyham from Court Administrator to Court Reporter, (replacement for Irene Beaupre), effective August 1, 2007 request of 9 th District Court to transfer Christa Townes from Court Reporter to Court Reporter/Coordinator, (replacement for Paula Mooneyham), effective September 1, 2007 request of Animal Shelter to place James Koslosky, Vet Technician, on payroll, (replacement for Timothy Garza), effective August 13, 2007 request of Animal Control to promote Timothy Garza from Vet Technician to Animal Control Officer, (replacement for William Brown), effective August 27, 2007 request of Animal Shelter to promote George Geddie from Kennel Help to Vet Technician, (replacement for Brenda Philpot), effective August 13, 2007 request of Building Maintenance to place Eduardo Osorio, Facility/Grounds Worker, on payroll, effective August 13, 2007 request of CIS to accept the resignation of Donald Fellow, Operations Manager, effective August 17, 2007, with vacation hours due request of Collections to place Anthony Anderson, Collection Specialist, on payroll, (replacement for Kevin Smith), effective August 16, 2007 request of Collections to promote James Dodson from Collection Specialist to Assistant Director, effective August 27,

12 request of Collections to promote John West from Collection Specialist to Collection Supervisor, effective August 27, 2007 request of Commissioner, Pct. #1 to change Terry Buckner from Operator II to Operator I, effective August 6, 2007 request of Commissioner, Pct. #1 to place Justin Ellis, Park Attendant/Seasonal Worker, on payroll, (replacement for Daniel Selensky), effective August 25, 2007 request of Commissioner, Pct. #1 to accept the resignation of Daniel Selensky, Seasonal Worker, effective August 20, 2007 request of Commissioner, Pct. #3 to increase the salary of Thomas Doll, Operator I, effective August 18, 2007, due to probation period completed request of Commissioner, Pct. #4 to change Marlon Ray Hardin, Operator I, from parttime to full-time, (replacement for Daniel Jones), effective August 6, 2007 request of Commissioner, Pct. #4 to promote Darrell Jones from Operator II to Operator III, effective August 13, 2007 request of Custodial Director to promote Bobbie Acreman from PT Custodian to Custodian I, (replacement for Isabel Alvarez), effective August 25, 2007 request of Custodial Director to place Brenda Ardoin, PT Custodian, on payroll, (replacement for Marlen Castro), effective September 10, 2007 request of Custodial Director to place Anthony Davies, PT Custodian, on payroll, (replacement for Jan Miles), effective September 10, 2007 request of Custodial Director to promote Rina Hernandez from PT Custodian to Custodian I, (replacement for Jarrett Hicks), effective August 25, 2007 request of Custodial Director to promote Jarrett Hicks from Custodian I to Custodian II, (replacement for Jason Harrington), effective August 11, 2007 request of Custodial Director to promote Sharon Holland from PT Custodian to Custodian II, (replacement for Frank Kirkwood), effective September 8, 2007 request of Custodial Director to accept the resignation of Frank Kirkwood, Custodian II, effective August 31, 2007, with vacation hours and 133 hours of comp time due request of Custodial Director to place Barbara Martin, PT Custodian, on payroll, (replacement for Rina Hernandez), effective September 10, 2007 request of Custodial Director to place Maria Montoya, PT Custodian, on payroll, (replacement for Sharon Holland), effective September 10, 2007 request of Custodial Director to place Gloria Saldana, Custodian, on unpaid FMLA/Disability leave, effective August 9, 2007 request of Custodial Director to place Ercilia Vasquez, Custodian I, on unpaid FMLA/Disability leave, effective July 24, 2007 request of Custodial Director to place Priscilla Walden, PT Custodian, on payroll, (replacement for Bobbie Acreman), effective September 10, 2007 request of County Attorney to accept the resignation of Karen Combe, Legal Assistant II, effective August 24, 2007, with vacation hours, hours of comp time and 8 holiday hours due -12-

13 request of County Auditor to accept the resignation of Megan Rushing, PT Clerk, effective August 17, 2007 request of County Clerk to promote Sandra Bonds from Indexing Clerk II to Chief Archival Clerk, (replacement for Joyce Pitts), effective August 25, 2007 request of County Court at Law #2 to place Darlene Dodson, Assistant Court Coordinator, on payroll, (replacement for Sandra Ledbetter), effective August 29, 2007 request of District Attorney to place Jennifer Wade, Court Clerk IV, on payroll, (replacement for Maria Rendon), effective August 13, 2007 request of Extension Office to accept the resignation of Sheryl Nolen, Extension Agent, effective August 24, 2007, with vacation hours due request of Extension Office to increase the salary of Melinda Rogers, Clerk III, effective September 10, 2007, due to probation period completed request of Emergency Management to increase the salary of Christina McClure, CERT Coordinator, effective August 13, 2007, due to probation period completed request of Emergency Management to place Jessica Williams, Planner-Homeland Security, on payroll, (replacement for Jake Haggerty), effective August 20, 2007 request of Juvenile Probation to change the status of James Bates from Substitute Detention Officer to Officer-Juvenile Detention, (replacement for Laura Juan), effective August 25, 2007 request of Juvenile Probation to change the status of Sara Ann Calderon from Substitute Detention Officer to Juvenile Probation Officer, (replacement for Donald Rose), effective August 11, 2007 request of Juvenile Probation to transfer Sara Ann Calderon from Juvenile Probation Officer to Officer-Juvenile Detention, (replacement for Stella Scott), effective August 25, 2007 request of Juvenile Probation to accept the resignation of Joe Perez, Jr., Officer- Advisor, effective August 13, 2007, with vacation hours and 7.26 hours of comp time due request of Juvenile Probation to place Angeli Rojo, Officer-Advisor, on payroll, (replacement for Kimberly Walden), effective August 20, 2007 request of Juvenile Probation to accept the resignation of William Thomas, III, Officer- Advisor, effective August 15, 2007, with 3.58 vacation hours due request of Juvenile Probation to accept the resignation of Kimberly Walden, Officer- Advisor, effective August 13, 2007, with vacation hours due request of Library Director to promote Amber Fritschel, Reference Librarian, (replacement for Donna Schardein), effective August 25, 2007 request of Library Director to place Christine Gomez, Library Assistant II, on payroll, effective August 22, 2007 request of Library Director to rescind the payroll change request for Carol Lyon, Shelving Clerk, approved on August 13, 2007 request of Library Director to place Jeremy Rhea, Shelving Clerk, on payroll, (replacement for Karla Vyoral), effective August 27,

14 request of Sheriff s Department to accept the resignation of Buster Emmons, Investigator-Crime Scene, effective August 10, 2007 request of Sheriff s Department to accept the resignation of Richard Lee, Deputy- Detention, effective July 8, 2007, with 7.72 vacation hours and hours of comp time due request of Sheriff s Department to promote Robert Martin from Officer-Civilian Detention to Deputy-Detention, (replacement for Richard Lee), effective August 25, 2007 request of Sheriff s Department to promote Chad May from Deputy-Patrol District V to Detective, (replacement for Jeffrey Chadney), effective August 11, 2007 request of Sheriff s Department to accept the resignation of Karen Miller, Officer- Civilian Detention, effective August 17, 2007, with 67 vacation hours and hours of comp time due request of Sheriff s Department to place Carmen Pady, Dispatcher, on payroll, effective August 27, 2007 request of Sheriff s Department to accept the resignation of Laura Trott, Dispatcher, effective August 24, 2007, with vacation hours, hours of comp time and holiday hours due request of Tax Assessor/Collector to increase the salary of Jessica Ellis, Deputy Specialist II, effective August 11, 2007, due to probation period completed request of Tax Assessor/Collector to increase the salary of Diana Garza, Deputy Specialist I, effective September 8, 2007, due to probation period completed request of Tax Assessor/Collector to place Tori McCreash, Deputy Specialist I, on payroll, (replacement for Teresa Whitten), effective September 10, 2007 request of Tax Assessor/Collector to increase the salary of Elizabeth Shahan, Deputy Specialist I, effective August 29, 2007, due to probation period completed as per Payroll Change Requests on file. Motion carried. 40. COURT ADJOURNED Motion by Commissioner Doyal, seconded by Commissioner Meador, that this Session of Court be adjourned. Motion carried. THE NOTICE OF A SPECIAL MEETING TO DISCUSS THE SELECTION OF VENDORS FOR THE E-Z TAG SYSTEM WAS DEFERRED PER COMMISSIONER CHANCE S REQUEST ATTEST: The above and foregoing Minutes were read and approved by the Court. Mark Turnbull, County Clerk Ex-Officio Clerk - Commissioners Court Montgomery County, Texas BY: COUNTY CLERK COUNTY JUDGE -14-