COMMISSIONERS COURT DOCKET SEPTEMBER 3, 2013 REGULAR SESSION

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1 COMMISSIONERS COURT DOCKET SEPTEMBER 3, 2013 REGULAR SESSION THE STATE OF TEXAS COUNTY OF MONTGOMERY BE IT REMEMBERED that on this the 3 RD day of September, 2013 the Honorable Commissioners Court of Montgomery County, Texas, was duly convened in a Regular Session in the Commissioners Courtroom of the Alan B. Sadler Commissioners Court Building, 501 North Thompson, Conroe, Texas, with the following members of the Court present: County Judge Commissioner, Precinct 1 Commissioner, Precinct 2 Commissioner, Precinct 3 Commissioner, Precinct 4 Also County Clerk s Office Alan B. Sadler Mike Meador Craig Doyal James Noack Ed Rinehart Francine Nichols INVOCATION GIVEN BY MARY HAMMER. THE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA RECITED. THE PLEDGE OF ALLEGIANCE TO THE TEXAS STATE FLAG RECITED. 1. COMMISSIONERS COURT AGENDA APPROVED. Motion by Commissioner Doyal, seconded by Commissioner Meador, to approve Commissioners Court Agenda for discussion and necessary action. 2. CONSENT AGENDA APPROVED - AGENDA ITEMS 7A-J Motion by Commissioner Meador, seconded by Commissioner Noack, to approve the Consent Agenda, as follows: COUNTY AUDITOR AGENDA ITEMS 7A1-2 A1. PAYMENT OF ACCOUNTS APPROVED, as submitted by the County Auditor. A2. CONSIDER AND APPROVE THE BUDGET AMENDMENTS FY13: a. Airport/1212CONRO: To set up runway extension #2 Grant from TxDOT. b. Commissioner Precinct 1: To adjust line items. c. Commissioner Precinct 4: To adjust line items. d. Commissioner Precinct 4: To adjust line items. e. Constable Precinct 2: To allocate commissions. f. Constable Precinct 3: Recognize commissions deposited June g. Constable Precinct 3: To adjust line items. h. Constable Precinct 5: Recognize commissions deposited August 21, i. County Court at Law 4: To adjust line items. j. EMCID/Friendship Center Grant: To adjust line items. k. Emergency Management: To adjust line items. l. Fire Marshal: To adjust line items. m. Justice of Peace Precinct 4: To adjust line items.

2 Page 2 of 11 n. J. Corley Detention Facility: To recognize and allocate revenue for Joe Corley Facility Contract. o. J. Corley Detention Facility: To recognize and allocate reimbursement from ICE. p. JP Technology Fund: To recognize and allocate revenue for JP Technology Fund as authorized by CCT (M9/ ). q. Magnolia Park: To recognize and allocate revenue. r. MCSO Alarm Detail: To adjust line items as authorized by CCT (M14/ ). s. Non-Departmental: To recognize and allocate revenue as authorized by CCT (M24/ ). t. Sheriff: To adjust line items. u. Sheriff: To adjust line items. TAX ASSESSOR/COLLECTOR AGENDA ITEM 7B1 B1. AGREEMENT ACKNOWLEDGED Termination of Interlocal Agreement by and between Montgomery County and the City of Conroe for Scofflaw Implementation. PURCHASING AGENDA ITEMS 7C1-7 C1. ADVERTISING APPROVED for the following bids/proposals: a. New uniforms Various Law Enforcement. b. Vehicle transmission Various Departments. c. New vehicles Various Departments. d. Clearing and grubbing, seeding and fertilizing, erosion control and fencing on League Line Road Extension Precinct 1. C2. CONTRACTS AWARDED: a. BARCODES, INC. (Project # ) for epollbook Peripherals - Elections. b. GULLO FORD MERCURY OF CONROE (Project # ) for one ¾ ton, 4X2 single cab pick-up truck, $18, Sheriff s Office. c. INLAND ENVIRONMENTS, LTD. (Project # ) for demolition and site clearing. Alternate is Cherry Moving company dba Cherry Demolition Various Departments. C3. RENEWALS APPROVED: a. REBEL CONTRACTORS, INC. (P.O. # ) for mowing, seeding and fertilizing outfall channels, expires 11/08/13 Precinct 4. b. GT DISTRIBUTORS, INC. (P.O. # ) for duty gear and accessories, expires 11/20/13 Various Departments. Note: Changes per documents on file. c. DR. GAYLE FLETCHER, DDS, PA (P.O. # ) for inmate dental service, expires 12/03/13 Sheriff s Office/Jail. d. PRIME TREES, INC. (P.O. # ) for alternate tree and tree limb removal service from right-of-ways, County roads and County buildings in Montgomery County, expires 12/04/13 Various Precincts/Departments.

3 Page 3 of 11 e. BIO LANDSCAPE & MAINTENANCE, INC. (P.O. # ) for alternate tree and tree limb removal service from right-of-ways, County roads and County buildings in Montgomery County, expires 12/04/13 Various Precincts/Departments. f. BERKELEY OUTSIDE SERVICES, INC. (P.O. # ) for alternate tree and tree limb removal service from right-of-ways, County roads and County buildings in Montgomery County, expires 12/04/13 Various Precincts/Departments. g. ASPLUNDH TREE EXPERTS CO. (P.O. # ) for alternate tree and tree limb removal service from right-of-ways, County roads and County buildings in Montgomery County, expires 12/04/13 Various Precincts/Departments. h. TOP CUT TREE SERVICE (P.O. # ) for alternate tree and tree limb removal service from right-of-ways, County roads and County buildings in Montgomery County, expires 12/04/13 Various Precincts/Departments. C4. REQUEST APPROVED renaming Permission to Advertise from Emulsified Recycling Asphalt (Dust Control) to Emulsified Asphalt for In-Place Recycling and Dust Control Various Precincts. C5. LIST APPROVED of miscellaneous items for the next online auction Various Departments. C6. PUCHASE APPROVED of a 2013 mid-size Police Package Vehicle (PPV) (Project # ) from Grapevine Dodge Chrysler Jeep in the amount of $21, previously awarded in Commissioners Court May 20, 2013 Constable 2. C7. CHECK ACCEPTED in the amount of $8, from Bank of America as part of the Fuel Credit Card program. Purchasing. [Check has been forwarded to Auditor for further processing.] COMMISSIONERS AGENDA ITEMS D1-2 D1. PRECINCT 1 a. USE AGREEMENTS APPROVED: D2. PRECINCT 2 1. MC Elite - Shock Practice West Park Softball Fields a. CHECK ACCEPTED in the amount of $2, from City of Roman Forest for the purchase of fuel for the month of June To be deposited into account [Check has been forwarded to the Auditor for further processing.] b. CHECK ACCEPTED in the amount of $ from the Montgomery County Committee on Aging dba The Friendship Center for fuel used for the month of July To be deposited into account [Check has been forwarded to the Auditor for further processing.]

4 Page 4 of 11 COMMISSIONERS COUNTY ENGINEER AGENDA ITEMS E1-4 E1. PRECINCT 2 a. FINAL PLAT APPROVED for Woodforest, Section 22; Acres, 23 Lots, Archibald Hodge Survey, A-18. AGENDA ITEM 7E2a DEFERRED AT REQUEST OF COMMISSIONER PRECINCT 3. E3. PRECINCT 4 a. FINAL PLAT APPROVED for Al Madina Inc. No. 3; Acres, Mary Owens Survey, A-405. b. FINAL PLAT APPROVED for Porter Car Wash Subdivision; Acres, Erastus Perkins Survey, A-425. E4. ALL PRECINCTS a. REQUEST APPROVED from Park Construction Associates, LLC to move heavy construction equipment across various County roads. The two blanket permits will expire on December 9, COUNTY ATTORNEY REAL PROPERTY AGENDA ITEMS 7F1-2 F1. PRECINCT 3 a. CORRECTION ORDER APPROVED Closing, Abandoning, and Vacating a Portion of Excess Right-of-Way along the South Side of Riley Fuzzel Road at Lockeridge Farms Drive. b. ORDER APPROVED Consenting to Street Construction, Repair, and Maintenance by Montgomery County for the Woodlands Joint Powers Agency at 38 Firefall Court, per Interlocal Agreement. F2. PRECINCT 4 a. ORDER APPROVED Acknowledging Receipt of Check in the amount of $1.00 from Kevin Johnson, for lease of real property, more specifically described as part of Lot 6 and all of Lots 7 and 8, Caney Lake Park Extension 3, Montgomery County. CONSTABLE PRECINCT 4 AGENDA ITEM 7G G1. APPOINTMENT APPROVED of Robert Buchanan, Reserve Deputy Constable for Montgomery County Constable Precinct 4. DISTRICT CLERK AGENDA ITEM 7H H1. DEPUTATION APPROVED of District Clerk s employee Teresa Eich. ENVIRONMENTAL HEALTH AGENDA ITEMS 7I1-3 I1. ORDERS APPROVED Rescinding and Vacating Order to Abate a Public Nuisance for the following addresses: a Pinehurst Drive, Montgomery, Texas b Cardinal Trail, Conroe, Texas c Austin Road, Willis, Texas d Alexander Lane, Porter, Texas 77365

5 Page 5 of 11 I2. VARIANCE REQUEST APPROVED to install an aerobic on-site system in the 100-year floodplain located at 7550 FM 1486, Montgomery, Texas I3. VARIANCE REQUEST APPROVED to install an aerobic on-site system in the 100-year floodplain located at Shady Hills Landing, Spring, Texas COUNTY CLERK AGENDA ITEM 7J J1. TRANSFER APPROVED of $22, from the County Clerk s Records Management Fund to line item Capital Outlay. This money will be used to purchase an ATIZ BookDrive Pro Scanner, two Canon EOS 5D Mark III Cameras and two Canon EF for EOS Macro Lens 50 mm f/2.5. This is a digital camera based scanning system that will be used for scanning of bound books and fragile documents. END OF CONSENT AGENDA 3. APPOINTMENTS APPROVED HISTORICAL COMMISSION COUNTY JUDGE Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve the following appointments to the Historical Commission: Sharon Sharman Russell Lonnie Clover Heather Montgomery Maria Baños Jordan Erma Daviss Lewis Barbara Holland COMMISSIONERS COURT IS ADJOURNED FOR A PUBLIC HEARING TO ADOPT THE BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, JON BAUGHMAN, VICE PRESIDENT TEXAS PATRIOTS ACT, ADDRESSED THE COURT REGARDING THE BUDGET. COMMISSIONERS COURT RECONVENED. 4. BUDGET APPROVED FISCAL YEAR 2014 COUNTY JUDGE Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve adopting the budget for the Fiscal Year ending September 30, REQUEST APPROVED VERBALIZATION OF STATEMENT TAX ASSESSOR Motion by Commissioner Meador, seconded by Commissioner Rinehart, to approve the following statement required by law: I move that the property tax rate be increased by the adoption of a tax rate of $0.4838, which is effectively a 2.37 percent increase in the tax rate. 6. RESOLUTION AND ORDER APPROVED AD VALOREM TAX RATE FOR MAINTENANCE AND OPERATIONS TAX ASSESSOR Motion by Judge Sadler, seconded by Commissioner Doyal, to approve Resolution and Order to the 2013 Ad Valorem Tax Rate for Maintenance and Operations at.4121/$100.

6 Page 6 of RESOLUTION AND ORDER APPROVED AD VALOREM TAX RATE FOR DEBT SERVICES TAX ASSESSOR Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve Resolution and Order to the 2013 Ad Valorem Tax Rate for Debt Service at.0717/$ RESOLUTION AND ORDER APPROVED ALLOCATING AND FIXING THE AD VALOREM TAX RATE - TAX ASSESSOR Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve Resolution and Order Allocating and Fixing the 2013 Ad Valorem Adopted Tax Rate. 9. REQUESTS APPROVED SEARCH WARRANTS STOP DRUNK DRIVERS DISTRICT ATTORNEY Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve the following: a. A Grant award from the Texas Department of Transportation for Search Warrants Stop Drunk Drivers. The match will come from already budgeted funds. This application was approved on January 14, b. An exemption to Montgomery County and authorizing payment to exempt employees and program eligible non-exempt employees in reference to the TXDOT Grant Search Warrants Stop Drunk Drivers allowing for overtime payment for employees working No Refusal at the following rates: Attorneys at the rate of $75 an hour, Paralegals/Investigators at the rate of $45 an hour, all to be paid out of Grant funds. 10. REQUEST APPROVED POSITION CHANGES - SHERIFF Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve the following position changes: a. Close position , Inspector b. Open position , Captain c. Close position , Clerk IV d. Open position , Admin Asst. 1 e. Close position , Sex Off, Registrar f. Open position , Admin Asst REQUEST APPROVED SALARY TRANSFERS SHERIFF Motion by Commissioner Doyal, seconded by Commissioner Meador, to approve transfer of salaries listed below due to re-evaluation of the positions. The changes do not increase the current salary structure and the positions involved are not part of the STEP program. AMOUNT FROM POSITION TO POSITION $ 6, , , , , , ,

7 Page 7 of RENEWAL APPROVED AUTOMATED VICTIM NOTIFICATION SYSTEM GRANT CONTRACT SHERIFF Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve the renewal of the State Automated Victim Notification System Grant Contract between the Office of the Attorney General and Montgomery County for the State Fiscal Year REQUEST APPROVED TRAVEL REIMBURSEMENT CONSTABLE PRECINCT 4 Motion by Commissioner Rinehart, seconded by Commissioner Doyal, to approve the reimbursement of travel expenses to Deputy Cassidy incurred while attending a Civil Process Seminar. Travel Payment Requisition was submitted to the County Auditor for Payment after the 30 day time frame (per The Employee Policy Manual, Section 2.6-7). Commissioner Noack stated that due to the frequency of late travel reimbursements, this will be the last time that he will vote for anyone to have an extension. It was decided that Judge Sadler will send a letter to the department heads with a copy of the Policy to ensure all Supervisors are aware that there is a 30-day time frame to submit travel reimbursements. 14. SUPPLEMENTAL FUNDING ACCEPTED DWI STEP CONSTABLE PRECINCT 4 Motion by Commissioner Rinehart, seconded by Commissioner Doyal, to accept supplemental funding for the DWI Selective Traffic Enforcement Program between H- GAC and Montgomery County Constable Precinct 4 (also known as DWI STEP) in the amount of $ with a Contract Amendment to follow at a later Court date. The additional funds will increase the match to $ that has already been budgeted for in the Constable s Budget (Asset Forfeiture Fund). The Grant application was approved in Commissioners Court on December 17, REQUEST APPROVED STATEMENT OF GRANT AWARD MANAGED ASSIGNED COUNSEL Motion by Commissioner Meador, seconded by Commissioner Rinehart, to accept the Statement of Grant Award for the FY 2014 Montgomery County Managed Assigned Counsel Program Discretionary Grant from the Texas Indigent Defense Commission with the County match budgeted for in the FY2014 Budget Hearings and authorize County Judge Alan B. Sadler to sign the Statement of Grant Award. 16. REQUEST APPROVED SOFTWARE SUPPORT RENEWAL - AUDITOR Motion by Commissioner Noack, seconded by Commissioner Doyal, to approve the use of funds presently being held in the Court Reporter Service Fund or the Court s Operation Fund to assist in the payment of Court Reporter related services to be transferred to the County Court at Law 3 s Budget (429) for the reimbursement of Advantage Software Annual Support Renewal as a cost of $ This annual support renewal is necessary in order for Court Reporter, Nancy Eleby, to maintain tech support throughout the year. 17. CONTRACT APPROVED GRAPEVINE DODGE CHRYSLER JEEP PURCHASING Motion by Commissioner Meador, seconded by Commissioner Rinehart, to approve awarding Contract to Grapevine Dodge Chrysler Jeep for 30 mid-size vehicles with PPV (Project # ) at $22, each for a total of $664, for the Sheriff s Office.

8 Page 8 of PROPOSAL APPROVED ECONOMIC IMPACT STUDY LONE STAR EXECUTIVE AIRPORT Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve the Proposal from Quadrant Consultants, Inc. to provide an economic impact study for the proposed Lone Star Executive Airport U.S. Customs Facility in the amount of $34, Funding source will be 2012 Certificates of Obligation and if needed can reimburse with the Black Forest money to be received. 19. PURCHASE APPROVED IN-CAR DIGITAL CAMERAS - SHERIFF Motion by Commissioner Rinehart, seconded by Commissioner Noack, to approve the purchase of 30 in-car digital cameras with related hardware and options through the Interlocal Agreement with HGAC Contract #EF and Coban Technologies, Inc. in the amount of $172, CONTRACTS APPROVED TEMPORARY EMPLOYMENT CONTRACT COUNTY ATTORNEY Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve Temporary Employment Contracts for the Managed Assigned Counsel Mental Health Program for the following: a. Meagan Elzner b. Allison Hauptstueck c. Latanza Gaddis 21. RENEWAL CONTRACT APPROVED FOSTER CARE SERVICES COUNTY ATTORNEY Motion by Commissioner Rinehart, seconded by Commissioner Meador, to approve the Renewal Contract with the Texas Department of Family and Protective Services for funding the foster care services necessary for Child Protective Services, and authorize Judge Sadler to execute Contract and appropriate documents related to same. Motion carried. 22. RENEWAL CONTRACT APPROVED LEGAL SERVICES COUNTY ATTORNEY Motion by Commissioner Meador, seconded by Commissioner Noack, to approve the Renewal Contract with the Texas Department of Family and Protective Services for funding the County Attorney to provide legal services necessary for Child Protection, and authorize Judge Sadler to execute Contract and appropriate documents related to same. 23. RESOLUTION APPROVED PROPERTY SUBLEASE COUNTY ATTORNEY Motion by Commissioner Noack, seconded by Commissioner Doyal, to approve Resolution Approving the Sublease of Property at the Lone Star Executive Airport between Wing Jet Center, LLC and Global Air Services. 24. AGREEMENT APPROVED RECOGNITION AND ATTORNMENT COUNTY ATTORNEY Motion by Commissioner Meador, seconded by Commission Doyal, to approve Recognition and Attornment Agreement between Montgomery County, Wing Jet Center, LLC, and Global Air Services and authorize County Judge Alan B. Sadler to execute the Agreement on behalf of the County.

9 Page 9 of PAYROLL CHANGE REQUEST FORMS APPROVED HUMAN RESOURCES Motion by Commissioner Noack, seconded by Commissioner Meador, to approve the following Payroll Change Request forms: Request of Constable Precinct 2 to place Michael Bellard, Jr., Deputy, on payroll as replacement for Toby McLaughlin, effective August 24, Request of Constable Precinct 2, to remove Toby R. McLaughlin, Deputy, from payroll due to retirement, effective August 17, (No benefits due.) Request of Constable Precinct 1 to remove Bryan DuBose, Deputy Constable, from payroll due to Unpaid FMLA/Disability Leave effective July 30, Request of Constable Precinct 1 to place Bryan DuBose, Deputy Constable, on payroll due to return from Unpaid FMLA/Disability Leave effective August 20, Request of Constable Precinct 5 to increase salary of Ryan Douglas Johnston, Deputy Constable, due to transfer as replacement for Chris Jones, effective August 24, Request of Constable Precinct 5 to rescind PCRF of Ryan Douglas Johnston, Deputy Constable, as result of Commissioners Court on August 26, 2013, effective August 24, Request of Constable Precinct 5 to rescind PCRF of Christopher Michael Jones, Sergeant Constable, as result of Commissioners Court on August 26, 2013, effective August 24, Request of Constable Precinct 5 to increase salary of Christopher Michael Jones, Investigator II, due to promotion as replacement for Jared Urban, effective August 24, Request of Constable Precinct 5 to increase salary of Jared Jason Urban, Lieutenant Constable, as replacement for Jeff Buchanan, rescind PCRF; result of Commissioners Court on August 26, Request of Constable Precinct 5 to increase salary of Jared Jason Urban, Lieutenant Constable, due to promotion as replacement for Robert Jeffrey Buchanan, effective August 24, Request of Constable Precinct 5 to rescind PCRF of Richard David Deere, Deputy Constable, result of Commissioners Court on August 26, 2013, effective August 24, Request of Constable Precinct 5 to increase salary of Richard David Deere, Deputy Constable, due to transfer as replacement for Ryan Johnston, effective August 24, Request of County Attorney to increase salary of Natalie Laurent, Administrative Manager I, due to completion of probationary period, effective August 12, Request of Justice of the Peace 4 to place Joy Smith, Court Clerk II, on payroll as replacement for Pam Robichaux, effective August 26, Request of Juvenile to increase salary of Abdul Lateef Ajala, Juvenile Supervision Officer, due to status change as replacement for Alfred Dukes, effective August 31, 2013.

10 Page 10 of 11 Request of Juvenile to increase salary of Orlando Jermaine Gray, Juvenile Supervision Officer, due to status change as replacement for Joshua Flores, effective August 31, Request of Juvenile to place Charles Robert Kaspari, Juvenile Supervision Officer, on payroll as replacement for Dwayne Rhymes, effective September 3, Request of Juvenile to place James Michael Lindeman, Juvenile Supervision Officer, on payroll as replacement for John Milo, effective September 3, Request of Juvenile to place Gloria Miller, Juvenile Supervision Officer Substitute, on payroll effective September 3, Request of Juvenile to place Nicholas Poirier, Juvenile Supervision Officer Substitute, on payroll effective September 3, Request of Juvenile to place Donovan Polk, Juvenile Supervision officer Substitute, on payroll effective September 3, Request of Juvenile to place Peter Renegar, Juvenile Supervision Officer Substitute, on payroll effective September 3, Request of Juvenile to accept resignation of Wendy L. Rose, Juvenile Supervision Officer JJAEP, effective August 20, Eligible for re-hire. (67.54 hours or balance vacation; hours or balance compensatory time.) Request of Juvenile to place Kourtney Steptow, Juvenile Supervision Officer - JJAEP, on payroll as replacement for Kierra Williams, effective August 27, Request of Juvenile to place Briann Michelle Taylor, Juvenile Supervision Officer Substitute, on payroll effective September 3, Request of Sheriff to transfer Robert Shane Albritton, Deputy Detention, as replacement for Aaron Lamphier, effective August 24, Request of Sheriff to accept resignation of John Nye III, Corporal Detention, effective August 22, ( hours or balance vacation; hours or balance compensatory.) Request of Sheriff to increase salary of Paige Pangarakis, Admin Assistant II, due to promotion as replacement for Jeanie Stewart, effective August 31, Request of Sheriff to accept resignation of Nicholas Pasler, effective August 22, ( hours or balance vacation; hours or balance compensatory; hours or balance holiday.) Request of Sheriff to place Jacob Wilganowski, Officer Civilian Detention, on payroll as replacement for Joseph Traush, effective August 31, Request of Sheriff to accept resignation of Jacqueline Woychesin, Clerk IV Records, effective August 15, (64.19 hours or balance vacation; hours or balance compensatory.)

11 Page 11 of 11 CITIZENS AGENDA ITEM 18 MAYOR WEBB K. MELDER ADDRESSED THE COURT AND PRESENTED JUDGE SADLER WITH A BIRTHDAY PROCLAMATION. 26 COURT ADJOURN Motion by Commissioner Noack, seconded by Commissioner Doyal, to adjourn this session of Court. The above and foregoing minutes were read and approved by the Court. ATTEST: Mark Turnbull, County Clerk Ex-Officio Clerk - Commissioners Court Montgomery County, Texas BY: COUNTY CLERK COUNTY JUDGE

COMMISSIONERS COURT DOCKET SEPTEMBER 4, 2012 SPECIAL SESSION

1 COMMISSIONERS COURT DOCKET SEPTEMBER 4, 2012 SPECIAL SESSION THE STATE OF TEXAS COUNTY OF MONTGOMERY BE IT REMEMBERED that on this the 4 th day of September, 2012 the Honorable Commissioners Court of