COMMISSIONERS COURT DOCKET DECEMBER 5, 2011 REGULAR SESSION

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1 1 COMMISSIONERS COURT DOCKET DECEMBER 5, 2011 REGULAR SESSION THE STATE OF TEXAS COUNTY OF MONTGOMERY BE IT REMEMBERED that on this the 5 th day of December, 2011 the Honorable Commissioners Court of Montgomery County, Texas, was duly convened in a Regular 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, Also - Alan Barb Sadler Precinct #1 - Mike Meador Precinct #2 - Craig Doyal Precinct #3 - Ed Chance Precinct #4 - Ed Rinehart Rebecca Biasotti, County Clerk s Office INVOCATION GIVEN BY James Noack PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA RECITED BY EVERYONE PRESENT PLEDGE OF ALLEGIANCE TO THE TEXAS STATE FLAG RECITED BY EVERYONE PRESENT 1. COMMISSIONERS COURT AGENDA APPROVED Motion by Commissioner Chance, seconded by Commissioner Doyal, to approve Commissioners Court Agenda for discussion and necessary action. Motion carried. 2. MINUTES APPROVED - COMMISSIONERS COURT - COUNTY CLERK Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve Commissioners Court Minutes for November 21, 2011, as presented by the County Clerk. Motion carried. Motion by Commissioner Meador seconded by Commissioner Doyal, to approve Commissioners Court Minutes for November 28, 2011, as presented by the County Clerk. Motion carried 3. CONSENT AGENDA APPROVED - AGENDA ITEMS 8A-L Motion by Commissioner Chance, seconded by Commissioner Rinehart, to approve the Consent Agenda, as follows: COUNTY AUDITOR - AGENDA ITEMS 8A A. ACCOUNTS approved, as submitted by the County Auditor. B. BUDGET AMENDMENTS for FY 2011 approved, as follows: 1. 9 TH DISTRICT COURT: To transfer funds for release AIRPORT: To recognize and allocate 1012CONRO grant revenue from USDOT for FY ADULT PROBATION: To recognize and allocate revenue.

2 2 4. CHILD WELFARE: To recognize and allocate revenue. 5. CONSTABLE 1 WISD SUBUNIT: To recognize and allocate revenue for subunits. 6. CONSTABLE 2 MONTGOMERY TRACE: To adjust line items to properly fund subunits. 7. CONSTABLE 3/MUD 94 SUBUNIT: To recognize and allocate revenue for subunits. 8. CONSTABLE 3 RAYFORD MUD SUBUNIT: To recognize and allocate revenue for subunits. 9. CONSTABLE 4 RIVERWALK POA: To recognize and allocate revenue for subunits. 10. CONTINGENCY: to adjust line items. 11. COUNTY ATTORNEY STATE FUNDS: To recognize and allocate revenue. 12. COUNTY COURT AT LAW 2: To transfer funds for release COUNTY RECORDS MGMT/PRES: To recognize and allocate revenue. 14. COURT OPERATIONS: To adjust line items. 15. DISTRICT ATTORNEY: To adjust line items. 16. DISTRICT ATTORNEY STATE FUNDS: To recognize and allocate revenue. 17. ELECTIONS ADMINISTRATOR: To properly fund election departments. 18. FIRE MARSHAL: To adjust line items. 19. FIRE MARSHAL: To adjust line items. 20. FIRE MARSHAL: To adjust line items. 21. FORENSIC SERVICES: To adjust line items. 22. FORFEITURES: To properly budget forfeitures budgets FY JUVENILE PROBATION FOSTER CARE TITLE IV-E/11: To recognize and allocate revenue. 24. JUVENILE PROBATION FOSTER CARE TITLE IV-E/11: To correct previous carry over of FY10 funds. 25. LAW LIBRARY: To adjust line items. 26. SHERIFF COMMISSARY: Paid from commissary revenues budget adjustment as of SHERIFF COMMISSARY: To recognize and allocate revenue.

3 3 28. SHERIFF TOWN CENTER SUBUNIT: To recognize and allocate revenue for subunits. 29. SHERIFF WALDEN SUBUNIT: To recognize and allocate revenue for subunits. 30. VARIOUS: To perform partial salary sweep. C. BUDGET AMENDMENTS for FY 2012 approved, as follows: 1. AIRPORT MAINTENANCE: To fund change order for PO approved in CC (M5/ ). 2. AIRPORT RAMP GRANT: To recognize and allocate grant award for RAMP Project FY2012 (M25/ ). 3. ANIMAL SHELTER: To recognize and allocate revenue and donations. 4. COMMISSIONER PCT. 1: To adjust line items. 5. COMMISSIONER PCT. 4: To adjust line items. 6. CONSTABLE PCT. 1: To adjust line items. 7. CONSTABLE PCT. 4: To fund cell phone allowance as discussed during budget hearings. 8. COUNTY AUDITOR: To adjust line items for purchase of laptop computer. 9. ELECTIONS ADMINISTRATOR: To adjust line items. 10. FORENSIC SERVICES: To transfer funds for installation of a door. 11. MEMORIAL LIBRARY: To recognize and allocate donations. 12. SHERIFF: To adjust line items. 13. SHERIFF: To recognize and allocate reimbursement for October and November 2011 lease payments. 14. SHERIFF - AUTO THEFT: To fund expenditures in September SHERIFF TOWN CENTER SUBUNIT: To transfer funds to appropriate budget for lease payment. 16. TAX ASSESSOR/COLLECTOR: To transfer funds to build a table top for conference table. 17. TAX ASSESSOR/COLLECTOR: To adjust line items for Scofflaw escrow balance as approved in CC (M9/ ). 18. TAX ASSESSOR/COLLECTOR: To adjust line items. D. MONTHLY FINANCIAL REPORTS approved for August and September E. ARBITRAGE REBATE ANALYSIS FOR LIMITED TAX LIBRARY BONDS SERIES 2003B accepted.

4 4 TREASURER - AGENDA ITEMS 8B F. PLEDGES AND RELEASES OF COLLATERAL APPROVED. G. MONTHLY REPORT OF PLEDGED SECURITIES APPROVED for October, TAX ASSESSOR/COLLECTOR AGENDA ITEMS 8C H. RECEIPT ACKNOWLEDGED of a tax abatement application from Anadarko Petroleum Corporation. County Attorney, Commissioner Pct. 3, and the Tax Assessor Collector to draft an agreement in compliance with county policy. I. RECEIPT ACKNOWLEDGED of tax a/c employees report of their ownership of property and outside employment pursuant to property tax administration rule #94.72 (b) & (c). J. DECEMBER SUPPLEMENTAL CHANGES ACKNOWLEDGED to 2011 consolidated taxroll (HCAD & SJCAD) PURCHASING DEPARTMENT - AGENDA ITEMS 8D K. ADVERTISING APPROVED for the following bids/proposals: 1. Automotive original equipment manufactured parts for Ford and Chevrolet - Various Departments. 2. Crack seal service - Various Precincts. 3. RFP/Q Autopsy transport services, storage services and disposition of deceased paupers - Various Departments. 4. Installation of drainage facilities to serve Precinct 2 Annex detention pond - Precinct 2. L. RENEWALS APPROVED for the following: 1. Policereports.us, LLC (PO # ) for online accident report distribution service, expires Sheriff. 2. MWI Veterinary Supply Company (PO # ) for veterinary supplies - Animal Shelter/Animal Control. (note: price changes per document on file) M. CHANGE ORDERS APPROVED as follows: 1. Change Order #1, PO # to Portable Computer Systems, Inc. for Panasonic Rugged Toughbooks and related accessories/services, through Texas Department of Information Resources contract DIR- SDD-1365 and Panasonic Computer Solutions to correct expiration date of contract from to Various Departments. 2. Change Order #1, PO # to Panasonic Computer Solutions Company for Panasonic Rugged Toughbooks and related accessories/services, through Texas Department of Information Resources contract DIR-SDD-1365, to correct expiration date of contract from to Various Departments. 3. Change Order #17, PO # to Diamondback Service Management for pest control services - Various Departments. (changes per document on file)

5 5 4. Change Order #4, PO # to Ada Resources, Inc. for bulk oil, lubricants and related items - Various Departments. (cancel month-tomonth, effective ) 5. Change Order #4, PO # to Midtex Oil LP for bulk oil, lubricants and related items - Various Departments. (cancel month-tomonth, effective ) 6. Change Order #3, PO # to GT Distributors, Inc. for Tasers and Taser accessories - Various Departments. (add item per document on file) RISK MANAGEMENT - AGENDA ITEMS 8E N. PAYMENT ACKNOWLEDGED to E-Z Rent-a-Car Inc. in the amount of $1, in reference to Claim #B O. CHANGES, ADDITIONS, AND RELEASES ON SURETY BONDS APPROVED as follows: BOND NAME AMOUNT ACTION Darlou Zenor/Purchasing $5, New COMMISSIONERS - AGENDA ITEM 8F PRECINCT 4 P. CHECK ACCEPTED in the amount of $1, from City of Roman Forest for the purchase of fuel for the month of October, (check forwarded to Auditor for further processing) Q. CHECK ACCEPTED in the amount of $ from the Montgomery County Committee on Aging DBA The Friendship Center for fuel used for the month of October, (check forwarded to Auditor for further processing) COMMISSIONERS COUNTY ENGINEER AGENDA ITEMS 8G PRECINCT 1 R. ROADS ACCEPTED in Bentwater, Section 83, L.F., and bond released. S. ROADS ACCEPTED in Bentwater, Section 90, L.F., and bond released. T. ROADS ACCEPTED in Bentwater, Section 96, L.F., and bond released. U. PUBLIC HEARING DATE SET for January 9, 2012 to name the road entering Pioneer Ridge subdivision, Pioneer Trace instead of the proposed name of North Northridge. PRECINCT 2 V. ROADS ACCEPTED in Woodforest, Section 2, 1, L.F., and bond released. W. ROADS ACCEPTED in Woodforest, Section 6, 1, L.F., and bond released.

6 6 X. INSTALLATION APPROVED for Mid-South Synergy Company to place an underground electric power line within the right of way of Fish Creek Thoroughfare in Montgomery County, Texas. PRECINCT 3 Y. FINAL PLAT APPROVED for The Woodlands, Village of Grogan's Mill, Lake Woodlands East Shore, Section 1, Partial Replat No Acres, 2 lots, John Taylor survey, A-547. PRECINCT 4 Z. INSTALLATION APPROVED for Entergy Texas to place an electric line within the right of way of Stidham Road in Montgomery County, Texas. ALL PRECINCTS AA. PERMIT APPROVED to move super heavy oversized equipment or load over county roads. COUNTY JUDGE AGENDA ITEM 8H BB. USE AGREEMENTS APPROVED as follows: 1. Montgomery County Food Bank/Main Courthouse Steps 2. Magnolia High School Girls Softball/Magnolia Sports Complex- Baseball Fields 3. Leones Negros (Dynamic FC)/Sallas Sports Complex CONSTABLE PRECINCT AGENDA ITEM 8I CC. CHECKS ACCEPTED from Montgomery County District Attorney's Drug Forfeiture Account for reimbursement of expenses as follows: 1. $1, in $1, in (checks forwarded to Auditor for further processing) COUNTY ATTORNEY AGENDA ITEMS 8J DD. EE. RESOLUTION AND ACKNOWLEDGEMENT APPROVED for preclearance letter from the U.S. Department of Justice for redistricting plans which were approved by Commissioners Court. RESOLUTION AND ORDER APPROVED to rescind the interlocal agreement between Montgomery County and the Texas Department of Motor Vehicles related to marking motor vehicle registration records previously executed by Commissioners' Court on November 7, 2011 and authorize execution of a corrected interlocal agreement referencing same. SHERIFF DEPARTMENT AGENDA ITEMS 8K FF. GG. CHECK ACCEPTED in the amount of $64.89 from the Montgomery County Crime Stoppers, Inc., for cell phone donation for Brandy Bice for the month of October, (check forwarded to Auditor for further processing) CHECK ACCEPTED in the amount of $ from the South Montgomery County YMCA for patrol vehicle participation. (check forwarded to Auditor for further processing)

7 7 FIRE MARSHAL AGENDA ITEM 8L HH. CHAPTER 59 ASSET FORFEITURE REPORT APPROVED for Fire Marshal for FY Motion carried. END OF CONSENT AGENDA 4. APPOINTMENTS APPROVED - TRANSPORTATION POLICY COUNCIL - COUNTY JUDGE Motion by Commissioner Chance, seconded by Commissioner Meador, to approve the appointment of Craig Doyal to the Transportation Policy Council and also appointing Mark J. Mooney as alternate. Term expires 12/31/2014. Motion carried. 5. APPOINTMENTS APPROVED - TECHNICAL ADVISORY COMMITTEE - COUNTY JUDGE Motion by Commissioner Doyal, seconded by Commissioner Chance, to approve the appointment of Jeff Johnson to the Technical Advisory Committee and also appointing Ross McCall as alternate. Motion carried. 6. CREATION OF BOARD OF DIRECTORS APPROVED FOR ANIMAL SHELTER - COUNTY JUDGE Motion by Judge Sadler, seconded by Commissioner Meador to approve creation of a seven member Board of Directors for the Montgomery County Animal Shelter to be selected by Commissioners' Court on January 23, Motion carried SUB-RECIPIENT AGREEMENTS APPROVED - EMERGENCY MANAGEMENT Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve 2011 Sub-Recipient agreements for the UASI, UASI-LETPA and the SHSP-LETPA grants and authorize Judge Sadler to execute the agreements. The total of the three grants is $3,169, Motion carried. AGENDA ITEM 11A - FIRE MARSHAL - DEFERRED PRESENTATION BY TOM LEROY, COUNTY EXTENSION AGENT OVER THE ANNUAL INTERPRETATION "2011 MAKING A DIFFERENCE". 8. TRANSFER OF FUNDS APPROVED - INFORMATION TECHNOLOGY Motion by Commissioner Meador, seconded by Commissioner Chance, to approve the transfer of $15, from position to Motion carried. 9. APPLICATION APPROVED - HURRICANE IKE DISASTER RECOVERY PROGRAM - INFRASTRUCTURE Motion by Commissioner Meador, seconded by Commissioner Rinehart, to approve the round 2.2 Infrastructure application for the Hurricane Ike Disaster Recovery Program for Montgomery County, Texas in the amount of $1,413, and authorize Judge Sadler to sign related paperwork. Motion carried.

8 8 10. ACKNOWLEDGEMENT ACCEPTED - ACTIVITY REPORT - MCMHTF Motion by Commissioner Chance, seconded by Commissioner Rinehart, to accept acknowledgement from the Joint Commission for receipt of Measure of Success Activity Report required as part of hospital accreditation. Motion carried. 11. ANNUAL REPORT ACCEPTED - MCMHTF Motion by Commissioner Chance, seconded by Commissioner Rinehart, to accept annual report to governing body, as provided in MCMHTF Advisory Board by-laws for Fiscal Year ended 8/31/2011. Motion carried. 12. APPLICATION APPROVED - HURRICANE IKE DISASTER RECOVERY PROGRAM - COMMUNITY DEVELOPMENT Motion by Commissioner Rinehart, seconded by Commissioner Doyal, to approve the Round 2.2 Housing Application for the Hurricane Ike Disaster Recovery Program for Montgomery County, Texas, in the amount of $12,210, and authorize Judge Sadler to sign related paperwork. Motion carried. AGENDA ITEMS 17A PURCHASING DEPARTMENT CONTRACT AWARDED - 17A9,10,14, Motion by Commissioner Chance, seconded by Commissioner Meador, to approve the following contracts. 1. Tires & Tubes for medium trucks & off road equipment - project # Various Departments. 2. Bulk oil, lubricants and related items - project # Various Departments. 3. Ammunition - project # Various Departments 4. Alternate tree and tree limb removal from rights-of-way, county roads and county buildings in Montgomery County - project # Various Precincts/Departments. RECOMMENDATIONS AND CONTRACTS REJECTED, AGENDA ITEMS 17A5 RECOMMENDATIONS AND CONTRACTS TO BE REJECTED AND RE-ADVERTISED, AGENDA ITEMS 17A2,8,13 RECOMMENDATIONS AND CONTRACTS DEFERRED AGENDA ITEMS 17A1, 3,4,6,7,11,12,16-18 Motion carried. 14. APPLICATION COMPLETION ACKNOWLEDGED - ACCESS MANAGEMENT AUTHORITY - TXDOT - COUNTY ATTORNEY Motion by Judge Sadler, seconded by Commissioner Rinehart, to acknowledge completion of the application to TXDOT for Access Management Authority and approve the Access Management Plan Access Connection Construction Permit application. Motion carried. 15. TEMPORARY EMPLOYMENT CONTRACTS APPROVED - COUNTY ATTORNEY - CONTRACT REVIEW COMMITTEE Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve the temporary employment contracts with the following: A. Trudy Hodges/Social Worker/Managed Assigned Counsel

9 9 B. Lauren Holleman/Case Worker/Managed Assigned Counsel Motion carried. AGENDA ITEM 20A1-2 - PUBLIC HEARINGS - SETTING SPEED LIMITS AND STOP SIGNS Proper notice having been given, Judge Sadler declared a public hearing in regard to the increasing the speed limit for Donwick Drive to 40 mph. Establishing an all-way stop sign control at the intersection of Tram Road and May Road was also open for discussion. There being no one present who wished to address these matters, Judge Sadler declared the public hearings closed. 16. SPEED LIMIT CHANGE AND ALL WAY STOP APPROVED - DONWICK DRIVE/TRAM ROAD - ENGINEERING Motion by Commissioner Rinehart, seconded by Commissioner Chance, to approve changing the speed limit on Donwick Drive from South Trade Center Parkway to SH 242 to 40 mph. Also approved was the placement of an all way stop at the intersection of Tram Road and May Road. Motion carried. 17. CONTRACT RENEWAL APPROVED - LINDA BREAZEALE - COUNTY ATTORNEY Motion By Commissioner Meador, seconded by Commissioner Chance, to approve the renewal of an agreement with Linda Breazeale for Management/Advisory services for an additional year to commence on January 1, The County Auditor is authorized to fund payments for this agreement from the 2012 budget. A discretionary exemption was approved for this agreement as provided by Local Government Code, Chapter (4) for personal services. Motion carried. EXECUTIVE SESSION AGENDA ITEM 22A THE COURT RECESSED FOR EXECUTIVE SESSION PURSUANT TO ONE OR MORE OF THE FOLLOWING PROVISIONS OF THE TEXAS GOVERNMENT CODE, TO WIT: CHAPTER 551, SUB-CHAPTER D, ARTICLE COURT RECONVENED WITH ALL MEMBERS PRESENT 18. SETTLEMENT APPROVED - MARK STRONG VS. MONTGOMERY COUNTY, TEXAS - EXECUTIVE SESSION Motion by Commissioner Rinehart, seconded by Commissioner Meador, to approve a settlement in the amount of $100, for the claim #U of Mark Strong vs. Montgomery County, Texas (Section ). Motion carried. 19. PAYROLL CHANGE REQUEST FORMS APPROVED HUMAN RESOURCES Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve the following Payroll Change Request forms: Request of Custodial to place Frank Anthony Salazar, Custodian, on payroll as replacement for Crispina DeLeon, effective Request of Custodial to place Enriqueta C. Zuniga, Custodian, on payroll as replacement for Charles Johnson, effective Request of Building Maintenance to accept the resignation of Sergio Mata, effective (74.56 hours or balance of vacation,.25 hours or balance of compensatory time)

10 10 Request of Commissioner Pct. 3 to discharge Sara Michelle Lowrie, Community Facilities Worker, effective (no benefits due) Request of Community Development to place Joy Leighman, Coordinator-Finance, on payroll as replacement for Starla Terry, effective Request of County Attorney to change Julie Stewart, Attorney I, to bi-weekly rate (exempt/not eligible for overtime) instead of hourly rate, effective Request of Engineering to accept the resignation of Nikki Jean Cunningham, Clerk II, effective 12:00 pm. (8.13 hours or balance of vacation) Request of District Attorney to rescind the PCRF for John Aultman, Investigator II, approved by CC ( ). Request of Information Technology to increase the salary of Robert Vaughn Powell, Jr., System Administrator III, due to merit increase, effective Request of Request of Juvenile Probation to discharge Sitillia Ashley Davis, Juvenile Probation Officer, effective Not eligible for re-hire. (1.875 hours or balance of compensatory time, 8 hours or balance of holiday time) Request of Meador Branch Library to retire Twillia J. Liles, Branch Manager, effective ( hours or balance of vacation) Request of Sheriff to place Andrew Besong, Officer-Civilian Detention, on payroll as replacement for Tawana Sponic, effective Request of Sheriff to place Kristina Bishop, Officer-Civilian Detention, on payroll as replacement for Linda Botticelli, effective Request of Sheriff to correct leave date that was approved on the PCRF in CC ( ) for Justin Chance, Medic, to Request of Sheriff to increase the salary of Jeff Farmer, Deputy-Patrol, due to STEP increase, effective Request of Sheriff to increase the salary of Aniel Fecik, Deputy-Detention, due to STEP increase, effective Request of Sheriff to place Amanda Gordon, Clerk IV, on payroll as replacement for Jennifer Osborne, effective Request of Sheriff to place Donald McAlexander, Officer-Civilian Detention, on payroll as replacement for James Dorchak, effective Request of Sheriff to increase the salary of Donna Rippley, Detective, due to promotion, effective Request of Sheriff to increase the salary of Donna Rippley, Detective, due to STEP increase, effective Request of Sheriff to place Connie Sibley, Clerk IV, on unpaid FMLA/Disability leave, effective Request of Sheriff to increase the salary of Howard Smith, Sergeant-Patrol, due to STEP increase, effective Request of Sheriff to increase the salary of Arlen White, Deputy-Patrol, due to STEP increase, effective

11 11 Request of Tax Office to re-hire Susan Dodson, Supervisor-Accounting, as replacement for Judy Jones, effective Request of Tax Office to accept the resignation of Esther Clarete Donahoo, Deputy Specialist I, effective (58.72 hours or balance of vacation) Request of Tax Office to increase the salary of Judy Jones, Manager-Accounting, due to promotion, effective Request of Tax Office to discharge Salvador Pendas, Manager-Accounting, effective (24.64 hours or balance of vacation) Request of Commissioner Pct. 4 to place Nita Clayton Hines, Part Time Clerk, on payroll to fill new position, effective Request of Collections to place Carina Ortiz, Collections Specialist I, on payroll as replacement for Larry Charles Harding, effective Motion carried. 20. COURT ADJOURNED Motion by Commissioner Rinehart, seconded by Commissioner Meador, to adjourn this session of court. Motion carried. 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