May 20, 2013

May 20, 2013

COMMISSIONERS COURT DOCKET

MAY 20, 2013

SPECIAL SESSION

THE STATE OF TEXAS

COUNTY OF MONTGOMERY

BE IT REMEMBERED that on this the 20 th day of May, 2013 the Honorable

Commissioners Court of Montgomery County, Texas, was duly convened in a Special 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:

Commissioner, Precinct 1 Mike Meador, County Judge Pro Tem

Commissioner, Precinct 2

Commissioner, Precinct 3

Commissioner, Precinct 4

Also County Clerk’s Office

Craig Doyal

James Noack

Ed Rinehart

Francine Nichols

Absent:

County Judge Alan B. Sadler

INVOCATION GIVEN BY SHERIFF TOMMY GAGE.

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 Rinehart, to approve

Commissioners Court Agenda for discussion and necessary action. Motion carried.

MONTGOMERY COUNTY BEAUTIFICATION ASSOCIATION (MCBA) PRESENTION –

Jerilynn Williams, Library Director, Montgomery County Memorial Library System, introduced

Ms. Silvia Wiggins from the MCBA. Ms. Wiggins presented to the Court three out of five winners of the Annual Poster Contest, their parents, teachers, principals and the Conroe ISD

Superintendent of Schools Dr. Don Stockton; and the Butterflies Rule Project. MCBA donated

$500.00 to the Library System to cover the cost of books about trees.

2. PROCLAMATION APPROVED – EMERGENCY MEDICAL SERVICES WEEK

Motion by Commissioner Rinehart, seconded by Commissioner Doyal, to proclaim the week of May 19-25, 2013 as Emergency Services Week. Motion carried.

RESOLUTION APPROVED – EMANCIPATION DAY 3.

Motion by Commissioner Rinehart, seconded by Commissioner Meador, to proclaim

June 19, 2013 as Emancipation Day. Motion carried.

RESOLUTION APPROVED – CONTINUED DEVELOPMENT OF SH249 4.

Motion by Commissioner Doyal, seconded by Commissioner Meador, to approve a

Resolution urging the Texas Department of Transportation to continue its efforts to develop, fund and construct improvements along the SH 249 Corridor between FM 1774 in Pinehurst and Highway 6 in Navasota as expeditiously as possible. Motion carried.

EMPLOYEE OF THE MONTH, APRIL 2013 was presented by Diane Killingsworth, Chairman,

Montgomery County Employee Committee, to Ms. Ruby Chandler, Circulation Assistant at

Charles B. Stewart West Branch Library.

5.

Special Session of May 20, 2013

Page 2 of 17

MINUTES APPROVED – COMMISSIONERS COURT - COUNTY CLERK

Motion by Commissioner Doyal, seconded by Commissioner Noack, to approve

Commissioners Court Minutes for Regular Session held May 6, 2013, as presented by the

County Clerk. Motion carried.

6. CONSENT AGENDA APPROVED - AGENDA ITEMS 9A-K

Motion by Commissioner Noack, seconded by Commissioner Meador, to approve the

Consent Agenda, as follows:

COUNTY AUDITOR - AGENDA ITEMS 9A1-2

A1. PAYMENT OF ACCOUNTS APPROVED, as submitted by the County Auditor.

A2. Consider and approve the Budget Amendments FY13: a. Animal Shelter: To fund changes to contract for operation of running

Animal Shelter as authorized by CCT (M18/03.25.13). b. c. d.

Commissioner PCT. 1: To adjust restricted lines.

Commissioner PCT. 1: To return funds not needed in position 612.8902.3.

Commissioner PCT. 1: To adjust line items. e. f. g.

Commissioner PCT. 4: To adjust line items.

Constable PCT. 3: To fund new Investigator II position for Constable 3

(M10/04.22.13).

Contingency: To fund improvements to Precinct barn for Commissioner,

Precinct 3 as authorized by CCT (M13/04.22.13).

District Clerk: To adjust line items. h. i. j. k.

Drug Court: To recognize and allocate revenue for April 2013 (MRT books).

DWI Court: To recognize and allocate revenue for April 2013 (MRT books).

Juvenile Probation: To recognize and allocate pass-through revenue from

Texas Education Agency to CISD. l. Sheriff: To recognize revenue and adjust line items.

TREASURER - AGENDA ITEMS 9B1-3

B1. Consider and approve Monthly Report of Pledged Securities for April, 2013.

B2. Consider and approve Ticket Log for April, 2013.

B3. Consider and approve Monthly Investment Report for April, 2013.

TAX ASSESSOR/COLLECTOR - AGENDA ITEMS 9C1-5

C1. Consider and acknowledge the April 2013 Supplemental Changes from Harris

County Appraisal District and San Jacinto County Appraisal District for The

Woodlands Township, New Caney ISD, Willis ISD and Lone Star College

District for properties located in Montgomery County.

Special Session of May 20, 2013

Page 3 of 17

C2. Consider and accept the Monthly Tax Collection Report for month ending April 30,

2013.

C3. Consider, approve, and authorize using carry over funds from the Tax Assessor-

Collectors current budget line item 499.7997 to fund security issues as discussed in Executive Session on February 11, 2013; estimated cost for this request is approximately $5,300.00.

C4. Consider and approve the acceptance of Surety Bond #103200683 for Hodges

Food Basket. Montgomery County has no responsibility for payment of this bond.

C5. Consider and approve the acceptance of Surety Bond #K08654761 for Gerland’s

Food Fair, Inc. Montgomery County has no responsibility for payment of this bond.

PURCHASING - AGENDA ITEMS 9D1-7

D1. ADVERTISING APPROVED for the following bids/proposals: a. New pews and installation – Building Maintenance. b. c.

HVAC items/miscellaneous supplies – Various Departments.

All-purpose locks/miscellaneous supplies - Various Departments.

D2. ACTION APPROVED ON THE FOLLOWING AWARDS: a. LANSDOWNE-MOODY CO., LP and BROOKSIDE EQUIPMENT

SALES, INC. for parts for tractors and mowers (Project #2013-0037) -

Various Departments.

D3. RENEWALS APPROVED: a. BODE TECHNOLOGY GROUP, INC. (P.O. #2012325) for DNA testing, expires 07/01/13 – Various Departments. b. c. d. e.

TOTAL AIR SERVICE (P.O. #I011406) for HVAC/mechanical services –

Non Davis Bacon, expires 07/06/13 - Various Departments.

INTERFACING COMPANY OF TEXAS (P.O. #2009491) for labor for telephone/data cabling installation, expires 07/12/13 – CIS

COLOR INTERIORS (P.O. #2012460) for floor covering and installation, expires 07/22/13 – Various Departments.

CLEVELAND ASPHALT PRODUCTS, INC. (P.O. #2012473) for bulk road materials asphaltic emulsions, expires 07/27/13 - Various Precincts. f. g.

SHERWIN-WILLIAMS (P.O. #2012461) for paint & miscellaneous supplies – picked/up & delivered, expires 07/29/13 - Various

Departments.

COBURN’S SUPPLY CO, INC. (P.O. #2012462) for polyethylene corrugated pipe, expires 08/30/13 – Various Departments.

Special Session of May 20, 2013

Page 4 of 17

D4. CHANGE ORDERS APPROVED: a. b. c. d.

Change Order #1, (P.O. #2013028) to GT Distributors, Inc. for universal docking station mounting accessories for in-vehicle applications – Sheriff

Change Order #4, (P.O. #2009419) to Conroe Door and Hardware for hardwood lumber supplies and miscellaneous items – Building

Maintenance.

Change Order #1, (P.O. #2013185) to Graves Humphries Stahl, LTD for cancellation of contract for Project #2012-0080 Collections of Fines, effective May 25, 2013– Justice of the Peace.

Change Order #3, (P.O. #2013021) to Strategy 7 Corporation for hardware

IBM maintenance and software (AIX) support – CIS.

D5. DISCRETIONARY EXEMPTIONS APPROVED: a. Jeffrey Moon & Associates, Inc. – for the land survey of the Joe Corley

Detention Facility in the amount of $4,500.00 – Infrastructure [Tex. Loc.

Gov’t Code Ann. Sect. 262.024(a)(4)]. b. c.

K.R. Moore & Associates – for 2013 Market Analysis and Report for

Montgomery County Auditor Office in an amount not to exceed

$6,900.00. [Tex. Loc. Gov’t Code Ann. Sect. 262.024(a)(4)].

Brazoria County – for the purchase of one used 1998 Gradall hydraulic excavator carrier mounted, G3WD (VIN 61303218139360; License No.

985303) in the amount of $3,500.00. [Tex. Loc. Gov’t Code Ann. Sect.

262.024(a)(9)(c)].

D6. PERFORMANCE BOND APPROVED from Correctional Healthcare

Companies, Inc. for medical services for inmates of the Montgomery County Jail, in the amount of $1,359,541.44 - effective July 1, 2013 through June 30, 2014 –

Sheriff.

D7. RESCINDING PERMISSION APPROVED to advertise for RFP/Q New Sound

System – Lone Star Convention Center.

RISK MANAGEMENT – AGENDA ITEMS 9E1-2

E1. PAYMENT ACKNOWLEDGED to Ravi Grover in the amount of $1,207.83, in reference to Claim #A-13-0045. Date of incident: 02/28/13.

E2. CHANGES, ADDITIONS AND RELEASES APPROVED for the following:

BOND NAME/DEPT

61676784 Logue, Teri/Treasurer

24774744 Rutherford, Dustin/Const Pct 1

14329345 Sommers, Oscar/Const Pct 3

14595247 Avery, Jan/Treasurer

14382015 Masden, Billy/Const Pct 5

14382019 Hazlewood, Scott/Const Pct 5

14587189 Wood, David/Const Pct 5

12744636 Sanson, William/Const Pct 1

15414535 Currie, Richard/Const Pct 3

61366220 Cruz, Jose Jr./Const Pct 3

61637594 Wren, John/Const Pct 3

61637594 Wren, John/Const Pct 3

69881076 Dietrich, Michael/Const Pct 3

61134607 Arnold, Cory/Const Pct 4

AMOUNT ACTION

$25,000 New

5,000 Reserve/Renew

5,000 Reserve/Renew

25,000 Renew/Cont Cert

5,000 Renew/Cont Cert

5,000 Renew/Cont Cert

5,000 Renew/Cont Cert

5,000 Renew/Cont Cert

5,000 Renew/Cont Cert

5,000 Renew/Cont Cert

5,000 Reserve/New

Reserve/Pct correction

5,000 Reserve/Renew

Rider/Rsv to Emp

Special Session of May 20, 2013

Page 5 of 17

COMMISSIONERS – AGENDA ITEMS 9F1a-c

F. Precinct 4 a. b.

CHECK ACCEPTED in the amount of $2,810.38 from Montgomery

County ESD 7 for the purchase of fuel for the month of March, 2013. To be deposited into account 615.7926. (Check has been forwarded to

Auditor for further processing.)

CHECK ACCEPTED in the amount of $2,240.81 from City of Roman

Forest for the purchase of fuel for the month of April, 2013. To be deposited into account 615.7926. (Check has been forwarded to Auditor for further processing.) c. 30 DAY EXTENSION APPROVED to file the FY 2012 Financial Audit

Report for ESD #6 with the Commissioners Court. Extension is requested due to the fact they are not able to make the June 1, 2013 deadline.

COMMISSIONERS - COUNTY ENGINEER – AGENDA ITEMS 9G1-3

G1. Precinct 2 a. FINAL PLAT APPROVED for Chestnut Ridge at Jacobs Reserve, 18.703

Acres, 64 Lots, Charles E. Dugat Survey, A-170. b. c.

FINAL PLAT APPROVED for The Meadows at Jacobs Reserve, Section

2, 16.428 Acres, 65 Lots, Charles E. Dugat Survey, A-170.

ROADS ACCEPTED into the one year maintenance period effective May

20, 2013 in Durango Creek, Section 5; 1,796.24 L.F. = .34 miles. d. e.

G2. Precinct 4 a. FINAL PLAT APPROVED for ACM Subdivision, 4.424 Acres, 2 Lots,

Beasley Prewitt Survey, A-419. b.

RIGHT OF WAY ACCEPTED into the one year maintenance period effective May 20, 2013 of Maria’s Way; 3,230.38 L.F.= .61 miles.

ROADS ACCEPTED into the one year maintenance period effective May

20, 2013 in Woodforest, Section 23; 2,272.47 L.F. = .43 miles. c.

FINAL PLAT APPROVED for Family Dollar New Caney, 2.1781 Acres,

2 Lots, William Lynch Survey, A-308.

FINAL PLAT APPROVED for Montgomery Creek Ranch, Section 14;

11.42 Acres; Richard Vince Survey, A-583. d. e.

ROADS ACCEPTED into the one year maintenance period effective May

20, 2013 in Oakhurst Greens, Section 6; 2,274.64 L.F. = .43 miles.

PUBLIC HEARING DATE APPROVED of June 3, 2013 to establish a 50 mile per hour speed limit on Fostoria Road from State Highway 105 to US

Highway 59.

G3. All precincts a. REQUEST APPROVED from Park Construction Associates, LLC to move heavy construction equipment across various County roads.

Special Session of May 20, 2013

Page 6 of 17

COUNTY ATTORNEY – REAL PROPERTY – AGENDA ITEMS 9H1-3

H1. Precinct 2 a. DEED APPROVED conveying 0.2850 acres in the Edward Taylor

Survey, A-554, known as Parcel 128 to Texas Department of

Transportation for FM 1774 right-of-way. b. ORDER APPROVED accepting an additional 200’ of Road known as

Marshburn Drive into Montgomery County Road Maintenance System upon finding of prescriptive right based on public use. c. d.

AGREEMENT APPROVED for road acceptance and repair for roads within Glenwood Estates Subdivision and acknowledge receipt of cashier’s check in the amount of $8,221.54. (Check has been forwarded to

Auditor for further processing.)

ROAD CONSTRUCTION PROJECT APPROVED under Interlocal

Agreement between Westwood Magnolia Parkway Improvement District and Montgomery County.

H2. Precinct 3 a. ORDER APPROVED consenting to street construction, repair, and maintenance by Montgomery County for The Woodlands Joint Powers

Agency to set culverts at 199 & 203 N. Tranquil Path, in the amount of

$950.00, per Interlocal Agreement.

H3. Precinct 4 a. b.

ORDER APPROVED Acknowledging Receipt of Payment in form of a check no. 1079, in the amount of $7.00, from James and Betty Cater for the lease of real property described as Lots 1, 3, 6, 7, 8, 9 and 10, Block 8 of the replat of River Club Estates Section Two.

AGREEMENT APPROVED between Montgomery County, Texas and

Oakhurst Community Association, authorizing placement of improvements within right of way on Avalon Park Drive.

ENVIRONMENTAL HEALTH – AGENDA ITEMS 9I1-4

I1. ORDER APPROVED to Release Lien and Acknowledge Receipt of Check from

Fidelity National Title Agency, Inc., check no. 529003695, in the amount of

$12,497.58 was received for payment of the assessment lien of property located at

13265 Cleveland Road, Conroe, Texas 77304.

I2. ORDER APPROVED Assessing Cost of Abating A Public Nuisance for the following locations: a. b. c. d.

20352 Lakeside Drive, Porter, Texas 77365

22806 Keith Drive, New Caney, Texas 77357

19046 FM 1314, Conroe, Texas 77302

25155 Sheffield Drive, New Caney, Texas 77357

I3. REQUEST APPROVED to install an aerobic on-site system in the 100-year floodplain located at 19040 Nottingham, New Caney, TX 77357.

I4. REQUEST APPROVED to install an aerobic on-site system in the 100-year floodplain located at 20041 Forest Woods Lane, Montgomery, TX 77356.

Special Session of May 20, 2013

Page 7 of 17

COUNTY JUDGE – AGENDA ITEMS 9J1a-c

J1. USE AGREEMENTS APPROVED as follows: a. b. c.

Precinct 1

1.

2.

Shutem Down Select Team

Fundraising Tournament

Gene Campbell Sports Park - Softball Fields - 5/18/2013

Faith Family Church

Family Day Out

Charles Traylor Sports Park – Baseball Fields - 5/19/2013

Precinct 2

1.

2.

Tx Fury - Juice Power Softball

Fundraising Tournament

Magnolia Sports Park - Softball Fields - 5/18/13—5/19/13

Juice Power Softball - Tx Fury

Practice as scheduled through MASA

Magnolia Sports Park - Softball Fields - 2013

Precinct 4

1.

2.

LIBRARY – AGENDA ITEM K1

Splendora Youth Football League

Practice

Tram Road Park - Football Fields - 6/1/13—12/31/13

Highpoint Fellowship

Youth Camp Fundraiser Softball Tournament

Ipes Road Park - Baseball Fields - 5/18/2013

K1. CHECK ACCEPTED from the Montgomery County Beautification Association in the amount of $500.00. To be deposited into the Library System’s

Memorial/Gift Account 65117-7591. (Check has been forwarded to Auditor for further processing.)

Motion carried.

END OF CONSENT AGENDA

7. RESOLUTION APPROVED – TRANSIT ADVISORY COMMITTEE – COUNTY

JUDGE

Motion by Commissioner Doyal, seconded by Commissioner Rinehart, to approve

Resolution appointing Commissioner James Noack and Mark Mooney as alternate, to serve on the Transit Advisory Committee. Motion carried.

AGENDA ITEM 10B PERTAINING TO A REPLACEMENT FOR THE RETIRING COUNTY

TREASURER WAS DEFERRED.

8. REQUEST APPROVED – PAYMENT FOR TRAINING – JUSTICE OF THE PEACE,

PRECINCT 3

Motion by Commissioner Noack, seconded by Commissioner Doyal, to approve a check payable to TMCEC for $300.00 to funds Demetrich Carrington, Juvenile Case Manager to attend Clerk School in Austin on June 26-27, 2013. Funding source Juvenile Case

Manager fund. Motion carried.

Special Session of May 20, 2013

Page 8 of 17

AGENDA ITEM 12A-B PERTAINING TO UNCLAIMED INMATE TRUST FUND

BALANCE AND TRANSFER OF FUNDING TO BUDGET LINE 7401 WAS DEFERRED.

9. REQUEST APPROVED – INCREASE IN LINE ITEM 5521-7390 – CONSTABLE

PRECINCT 2

Motion by Commissioner Doyal, seconded by Commissioner Meador, to approve an increase of $5,000.00 in line item 5521-7390 for the year 2013 to pay for the gasoline for the M.A.P.S. truck. Funding source is Contingency. Motion carried.

10. REQUEST APPROVED – TRANSFER OF FUNDS – CONSTABLE PRECINCT 4

Motion by Commissioner Rinehart, seconded by Commissioner Noack, to approve the transfer of $479.96 cell phone allowance from position 5541-5910-9 to position 5541-

7802-1. Motion carried.

11. REQUEST APPROVED – REORGANIZATION AND FUNDING – TAX ASSESSOR

Motion by Commissioner Doyal, seconded by Commissioner Noack, to approve reorganization and funding for new and revised/updated salaries effective with first pay period in June, 2013. This results in an estimated savings of $313,648.00 from position changes for Fiscal Year Ending 2013. We will also return an estimated $100,232.00 from line item 449.7997. Savings is a result of eliminating all costs associated with

Scofflaw. Remaining funds from Scofflaw will be used for security. Motion carried.

12. RESOLUTION APPROVED – USER FEE AIRPORT – LONE STAR EXECUTIVE

AIRPORT

Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve

Resolution supporting the designation of the Lone Star Executive Airport as a “User Fee

Airport” and establish an office of the United States Customs and Border Protection at the airport. Motion carried.

AGENDA ITEM 17 HAD NO COURT ACTION. JERILYNN WILLIAMS RECOGNIZED

EILEEN LEE WITH THE “UPSTART INNOVATIVE PROGRAMMING AWARD” FOR

HER CREATIVE PROGRAMMING AND COMPASSION FOR SPECIAL CHILDREN IN

OUR SERVICE AREA. MS. WILLIAMS ALSO FORMALLY ACKNOWLEDGED A

$1,000.00 WHICH SHE DEPOSITED WITH THE COUNTY TREASURER.

13. FUNDS ACCEPTED – FOOD & DRUG ADMINISTRATION – ENVIRONMENTAL

HEALTH

Motion by Commissioner Rinehart, seconded by Commissioner Meador, to accept funds in the amount of $2,500.00 from the FDA to be used for educational and equipment purposes. Motion carried.

14. PROPOSAL AWARDED – PROJECT #2012-0001 – EMERGENCY MANAGEMENT/

VARIOUS DEPARTMENTS

Motion by Commissioner Doyal, seconded by Commissioner Meador, to approve the awarding of the proposal for RFP/Q Disaster Recovery Management Services, (Project

#2012-0001), to CrowderGulf, LLC. First alternate is DRC Emergency Services, LLC.

Second alternate is JB Coxwell Contracting, Inc. Contract(s) to follow at a later date.

Motion carried.

15. CONTRACT APPROVED – PROJECT #2013-0012 – SHERIFF

Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve

Contract for RFP/Q Medical Services for Inmates of the Montgomery County Jail

(Project #2013-0012) to Correctional Healthcare Companies, Inc., previously made in

Commissioners’ Court on May 6, 2013. Motion carried.

Special Session of May 20, 2013

Page 9 of 17

16. PROPOSAL AWARDED – PROJECT #2013-0036 – VARIOUS DEPARTMENTS

Motion by Commissioner Noack, seconded by Commissioner Meador, to approve the awarding of the proposal for RFP/Q Fiber Optic and Duct Infrastructure Management

(Project #2013-0036) to WaveMedia. Contract to follow. Motion carried.

17. PROPOSALS AWARDED – PROJECT #2013-0033 – VARIOUS DEPARTMENTS

Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve the awarding of the proposals for RFP/Q Consulting Services (Project #2013-0033) to the following (contracts to follow at a later date):

A&S Engineers, Inc.

AEI Engineering

American Acquisition Group, LLC

Arborleaf Engineering & Surveying, Inc.

Architexas - Architecture, Planning &

Historic Preservation, Inc.

Autoarch Architects, LLC

Aviles Engineering Corporation

Baseline Corporation

Binkley & Barfield, Inc.

Brown & Gay Engineers, Inc.

Brown Reynolds Watford Architects, Inc.

Bury+Partners

CES Network

Cobb, Fendley & Associates, Inc.

Contract Land Staff, LLC

Costello, Inc.

Dougherty Sprague Environment, Inc. (DSE)

Edminster Hinshaw Russ and Associates, Inc. (EHRA)

Edwards Associates, PLLC

ERC

Fugro Consultants, Inc.

GEOSolutions, LLC

Geotech Engineering and Testing /

DAE & Assoc., Ltd.

Geotest Engineering, Inc.

Gorrondona & Associates, Inc.

Gunda Corporation, LLC

Halff Associates

HBL Architects

Henderson Engineers, Inc.

Hermes Architects, Inc.

Huitt-Zollars,Inc.

HVJ Associates, Inc.

Jones & Carter, Inc.

Motion carried.

KDM Acquisition Services, Inc.

Klotz Associates, Inc.

L J A Engineering, Inc.

Landtech Consultants, Inc.

M2L Associates, Inc.

McDonough Engineering Corporation

Miller Survey Group /

JPM Survey Group, LP

Ninyo & Moore

Othon, Inc.

Paradigm Consultants, Inc.

Price Consulting, Inc.

Professional Service Industries, Inc. (PSI)

Project Surveillance, Inc.

Property Acquisition Services, Inc.

PTP Transportation, LLC

QC Laboratories, Inc.

Quest Engineering

Raba-Kistner Consultants, Inc.

RG Miller Engineers, Inc.

Schaumburg & Polk, Inc.

Surveying and Mapping, Inc. (SAM)

Terra Associates, Inc.

The Holzwarth Company

The Murillo Company

Tolunay-Wong Engineers, Inc.

Traffic Engineers, Inc.

TRW Engineers, Inc. dba TSC Engineering

TSC Surveying

Vanir Construction Management, Inc.

Weisser Engineering Co.

Whitney and Associates

Windrose Land Services, Inc.

Zarinkelk Engineering Services, Inc.

18. BIDS AWARDED – PROJECT #2013-0035 – VARIOUS DEPARTMENTS

Motion by Commissioner Noack, seconded by Commissioner Doyal, to award bids for new vehicles (Project #2013-0035) as follows:

BID IA – 2013 to Caldwell Country Chevrolet – Eleven full size sports utility patrol vehicles w/PPV - $27,338.00 each for a total of $300,718 –

Sheriff.

Special Session of May 20, 2013

Page 10 of 17

BID IIA – 2013 to Grapevine Dodge Chrysler Jeep – Five mid-size vehicles w/PPV - $21,721.00 each for a total of $108,605.00 – Sheriff.

BID IIIA – 2013 to Gullo Ford – One ¾ ton short-bed crew cab, 4x4 truck

$28,999.00 – Precinct 3.

BID IVA – 2013 to Gullo Ford – One ½ ton long-bed crew cab, 4x2 truck

$24,523.60 – Precinct 3.

Motion carried.

AGENDA ITEM 19B PERTAINING TO PURCHASE OF NEW VEHICLES THROUGH THE

INTERLOCAL AGREEMENT WITH BUY BOARD FOR PRECINCT 3 WAS REMOVED.

19. AMENDMENTS APPROVED – OCCUPANCY AGREEMENTS – COUNTY

ATTORNEY

Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve

Amendments to renew Occupancy Agreements for the following tenant(s) at the following community centers:

1. West County Community Development Center: a. Montgomery County Committee on Aging, Inc. dba The Friendship

Center

2. North Montgomery County Community Center: a. Montgomery County Commission on Aging, Inc. dba The Friendship

Center

Lone Star Community Center: 3. a. b.

Motion carried.

Montgomery County Committee on Aging, Inc. dba The Friendship

Center

Montgomery County Emergency Assistance, Inc.

20. AGREEMENTS APPROVED – TEMPORARY JUDICIAL SERVICES – COUNTY

ATTORNEY

Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve termination of all current professional services agreements related to the provision of temporary judicial services for the Montgomery County Justice of the Peace Courts. The

Court wants to authorize final payment for Randy Ellisor and revisit retaining and amending the contract for Carolyn Cox at a future Court date. Motion carried.

21. CHANGES APPROVED – LINE ITEMS – COUNTY ATTORNEY

Motion by Commissioner Rinehart, seconded by Commissioner Meador, to approve the following changes:

A.

B.

Open new Investigator II position (line item 4751-7802-2).

Transfer all available funds from line item 4751-7820-1 to line item 4751-7802-2.

C. Add $27,500.72 to line item 4751-7802-2. Funding source is Contingency.

Motion carried.

Special Session of May 20, 2013

Page 11 of 17

22. RESOLUTION/ORDER APPROVED – DOSS BURLESON – COUNTY ATTORNEY

Motion by Commissioner Doyal, seconded by Commissioner Meador, to approve the

Settlement Agreement and authorize payment of settlement proceeds for Civil Service grievance of Doss Burleson in the amount of $3,295.88 (net $2,427.40). Motion carried.

23. REQUEST APPROVED – AMERICAN RED CROSS FORM – COUNTY ATTORNEY

Motion by Commissioner Doyal, seconded by Commissioner Noack, to approve an

American Red Cross Agreement form and allow the respective commissioner to sign and complete form in the event it is needed. Motion carried.

24. RESOLUTION/ORDER APPROVED – JOE CORLEY DETENTION FACILITY –

COUNTY ATTORNEY

Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve

Resolution and Order approving the Management and Operations Agreement between

Montgomery County, Texas and the GEO Group, Inc., to be effective upon the sale of the

Joe Corley Detention Facility; and the Resolution and Order supporting the proposed new

GEO facility at 806 Hilbig Road, Conroe, Texas. Motion carried.

25. REQUEST APPROVED – LAND LEASES – COUNTY ATTORNEY REAL

PROPERTY

Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve the following partial assignments of Land Lease Agreements with consent of Lessor Lone

Star Executive Airport from:

1. Carlon Dowell to Sandstone Aviation, LLC.

2. Carlon Dowell to Dan T. Brouse and M. Kaye Brouse.

3. Carlon Dowell to Bryan Devault.

4. Carlon Dowell to Tom Fisher.

Motion carried.

COMMISSIONERS’ COURT RECESSED FOR PUBLIC HEARING.

PUBLIC HEARING – AGENDA ITEM 22A-D

PROPER NOTICE HAVING BEEN GIVEN, JUDGE PRO TEM MEADOR DECLARED A

PUBLIC HEARING REGARDING:

A. DISTRICT COURT TECHNOLOGY FUND WRITTEN ARCHIVAL PLAN

FOR 2013-2014.

B. ESTABLISHING A 25 MILE PER HOUR SPEED LIMIT ON BEAR BRANCH

LANE.

C. ESTABLISHING A RESTRICTED LEFT TURN FROM GREEN BRIDGE

DRIVE TO MARBROOK DRIVE. Seven residents from this area came to the podium to express their support/opposition to this issue. The majority supported the restriction and thanked Commissioner Noack for taking action on the issue.

One resident felt the restricted left turn was not enough and suggested speed bumps. Another resident expressed they would like to see an increase in police patrols at the time this is enacted to enforce the law and to leave the item open for restricting the left turn also in the afternoon hours.

D. ESTABLISHING A 50 MILE PER HOUR SPEED LIMIT ON CROCKETT

MARTIN ROAD FROM STATE HIGHWAY 105 TO FM 2090.

THERE BEING NO OTHER MEMBERS OF THE PUBLIC WISHING TO ADDRESS THESE

MATTERS, JUDGE PRO TEM MEADOR DECLARED THE PUBLIC HEARING CLOSED.

COMMISSIONERS’ COURT RECONVENED.

Special Session of May 20, 2013

Page 12 of 17

26. APPROPRIATE ACTION FROM PUBLIC HEARING

Motion by Commissioner Doyal, seconded by Commissioner Noack, to approve the following:

A. The District Clerk’s proposed District Court Technology Fund Written Archival

Plan for 2013-2014.

B. Establishing a 25 mph speed limit on Bear Branch Lane.

C. Establishing restricted left turn from Green Bridge Drive to Marbrook Drive, either from 6:30a.m. – 8:30 a.m. or 7:00 a.m. – 9:00 a.m. Commissioner Noack also stated that it has been approved to authorized overtime pay through the

Sheriff and Township District 6 to patrol that area.

D. Establishing a 50 mph speed limit on Crockett Martin Road from State Highway

105 to FM 2090.

Motion carried.

27. FUNDING APPROVED – JULY 4, 2013 – COMMISSIONERS - PRECINCT 1

Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve the funding of $2,000 to the 2013 Fourth of July celebration to be hosted by the San Jacinto

River Authority. Funding source 612-7997. Motion carried.

28. CHANGES APPROVED – POSITIONS/FUNDS – COMMISSIONERS – PRECINCT 3

Motion by Commissioner Noack, seconded by Commissioner Rinehart, to approve the following changes:

1. Close the following positions due to office restructuring:

2. a. b. c. d. e.

614-3201-15

614-3202-3

614-3202-5

614-3900-700

6142-3201-3

Close the following positions and transfer funds as detailed below due to office restructuring:

3. a. b. c. d. e. f. g.

614-2510-2 and move $840.06 (cell phone allowance) to 614-2501-1.

614-2520-1 and move $479.90 (cell phone allowance) to 614-2502-1.

614-2510-3 and move $769.60 to 614-3201-4, $623.85 to 614-3201-8 and $3,089.53 to 614-2510-1

614-5606-1 and move $479.96 (cell phone allowance) to 614-2502-1.

614-6904-1 and move $840.06 (cell phone allowance) to 614-8504-1.

614-8558-1 and move $2,100.95 to 614-3201-8.

6142-3202-3 and move $5,802.05 to 6142-3101-600.

Request to transfer $4,976.00 to 614-4213-1 from 614-4213-500 due to office restructuring.

Motion carried.

Special Session of May 20, 2013

Page 13 of 17

29. REQUEST APPROVED – REGIONAL MOBILITY STUDY – COMMISSIONERS –

PRECINCT 3

Motion by Commissioner Noack, seconded by Commissioner Rinehart, to approve

Montgomery County Precinct 3 Commissioner James Noack to enter into an Agreement with Houston-Galveston Area Council, City of Shenandoah, City of Oak Ridge North,

The Woodlands Township and The Woodlands Road Utility District for a regional mobility study and allocate $50,000.00 from line item 614-7598. Motion carried.

EXECUTIVE SESSION - THE COURT WILL RECESS 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 551.071.

A. CONSIDER AND DISCUSS SETTLEMENT AGREEMENT AND RELEASE

BETWEEN MONTGOMERY COUNTY, TEXAS AND GRAND HARBOR

PROPERTY OWNERS ASSOCIATION.

B. CONSIDER AND DISCUSS SETTLEMENT FOR WORKERS

COMPENSATION CLAIM #0988160A00861.

C. DISCUSS STATE OFFICE OF ADMINISTRATIVE HEARING (SOAH)

CONTESTED CASE DOCKET NOS. 582-07-2673 AND 582-07-2674.

D. CONSIDER AND DISCUSS HARVEY VS. MONTGOMERY COUNTY,

BRETT LIGON, TOMMY GAGE, JONATHAN DEWEY AND STEVEN

ORTIZ; CLAIM NO. D-09-0094.

COMMISSIONERS’ COURT RECONVENED. COMMISSIONER DOYAL DID NOT

RETURN TO COURT.

TAKE ACTION, ON MATTERS IN EXECUTIVE SESSION

30. Motion by Commissioner Meador, seconded by Commissioner Noack, to approve

Settlement Agreement and Release between Montgomery County, Texas and Grand

Harbor Property Owners Association in the amount of $91,786.40. Motion carried.

31. Motion by Commissioner Meador, seconded by Commissioner Noack, to approve

Resolution and Order for settlement to Daniel Swindall and wife for $30,000.00 in exchange for a full and final release. Motion carried.

CITIZENS (limit of 3 minutes) – AGENDA ITEM 26

JON BAUMAN, Vice President Texas Patriots PAC – Expressed that he is opposed and unhappy of the end result regarding the Joe Corley Detention Facility and the county

“turning it into a jail industry”.

DANIEL VERTREES, Court Appointed Special Advocates – Expressed his thanks to the

Commissioners for signing the Proclamation proclaiming April 2013 as “Child Abuse

Awareness and Prevention Month”.

32. 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 Second Administrative Judicial Region to remove Olen U. Underwood,

Presiding Judge from payroll due to retirement, effective 05/31/13. (No benefits due.)

Request of Custodial to place Rocky Wayne Dillard, Custodian, on payroll as replacement for Kevin Rubio, effective 05/13/13.

Special Session of May 20, 2013

Page 14 of 17

Request of Custodial to increase salary of Paula Elliott, Custodian, due to completed probationary period, effective 06/08/13.

Request of Custodial to increase salary of Jaime Fernandez, Custodian, due to completed probationary period, effective 06/08/13.

Request of Custodial to increase salary of Julissa Flores, Custodian, due to completed probationary period, effective 06/08/13.

Request of Custodial to increase salary of Rebeca Rodriguez Hernandez, Custodian, due to completed probationary period, effective 06/08/13.

Request of Custodial to increase salary of Graciela D. Medrano, Custodian, due to completed probationary period, effective 05/11/13.

Request of Commissioner Pct. 1 to discharge Kenneth Bailey, Seasonal Worker, effective

05/06/13.

Request of Commissioner Pct. 1 to increase salary of Jared L. Martinez, Operator I, due to completed probationary period, effective 05/25/13.

Request of Commissioner Pct. 1 to increase salary of Gerald W. Shehane, Operator I, due to completed probationary period, effective 05/25/13.

Request of Commissioner Pct. 2 to place Joshua Matthews, Operator I, on payroll as replacement for Mitchell Pate, Jr., effective 05/06/13.

Request of Commissioner Pct. 2 to increase salary of Javier Morales, Coord-Works

Program, due to promotion as replacement for Patrick Kellar, effective 05/13/13.

Request of Commissioner Pct. 3 to place Jeffrey Dunn, Driver (Mosquito) on payroll, effective 05/13/13.

Request of Commissioner Pct. 3 to increase salary of Alejandro Gil, Operator I, due to job re-evaluation, effective 05/18/13.

Request of Commissioner Pct. 3 to increase salary of Cesar Juarez, Operator I, due to job re-evaluation, effective 05/18/13.

Request of Commissioner Pct. 3 to increase salary of Jo Dell Whitehead, Administrative

Assistant I, due to job re-evaluation, effective 05/18/13.

Request of Commissioner Pct. 3 to place Michael K. McKay, Operator 3, on unpaid

FMLA/Disability Leave, effective 05/06/13.

Request of Constable 3 – RMUD Sub Unit to place David Swetnam, Deputy Constable, on payroll as replacement for Doss Burleson, effective 05/04/13.

Request of Constable 4 to provide Cory Arnold, Investigator II, with a cell phone allowance, effective 05/31/13.

Request of Constable 4 to increase salary of Bryan Skero, Deputy, due to position change as replacement for James Slack, effective 05/31/13.

Request of Constable 4 to accept resignation of James Slack, Deputy, effective 05/31/13.

(3.08 hours or balance vacation, 38.75 hours or balance compensatory, 54.00 hours or balance holiday.)

Request of County Attorney to place Amy Dunham, Attorney III, on payroll in new position, effective 06/03/13.

Special Session of May 20, 2013

Page 15 of 17

Request of County Attorney to place Randy Lewis, Investigator II, on payroll in new position, effective 06/03/13.

Request of County Attorney to place Sarah Stallberg, Attorney II, on payroll as replacement for Lana Shadwick, effective 06/10/13.

Request of District Clerk to place Deborah Fagioli Duch, Court Clerk II, on payroll as replacement for Audre Clay, effective 05/06/13.

Request of District Clerk to increase salary of Robbyn Fancher, Part Time Clerk, due to completed probationary period, effective 05/06/13.

Request of Drug Court to place Donald Edward Huse, Court Clerk IV, on payroll in new position, effective 05/07/13.

Request of Elections to remove Sandra Hawkins, Elections Manager, from payroll due to retirement, effective 05/31/13. (109.46 hours or balance vacation; .92 hours or balance compensatory.)

Request of Elections to promote Lisa Raver, Elections Manager, as replacement for

Sandy Hawkins, effective 06/10/13.

Request of Juvenile to increase salary of Tamra Ashlee Bryson, Juvenile Supervision

Office, due to position change as replacement for Deborah South, effective 05/11/13.

Request of Juvenile to place Alfred Lorenzo Dukes, Juvenile Supervision Officer, on payroll as replacement for Tamra Ashlee Bryson, effective 05/13/13.

Request of Juvenile to place Orlando Jermaine Gray, Juvenile Supervision Officer –

Substitute, on payroll in temporary part time pooled position, effective 05/13/13.

Request of Juvenile to place April Yvette Hardin, Juvenile Supervision Officer -

Substitute, on payroll in temporary part time pooled position, effective 05/13/13.

Request of Juvenile to change status of Michael John McManus, Juvenile Supervision

Officer - Substitute, from full time to part time temporary status at employees request, effective 05/25/13. (18.48 hours or balance vacation.)

Request of Juvenile to place Dylan Scott Tatum, Juvenile Supervision Officer, on payroll as replacement for Jason Park, effective 05/13/13.

Request of Juvenile to place Edward Earl Thomas, Jr., Juvenile Supervision Officer -

Substitute, on payroll in temporary part time pooled position, effective 05/13/13.

Request of Juvenile to place Kathleen Megan Woods, Juvenile Supervision Officer -

Substitute, on payroll in temporary part time pooled position, effective 05/13/13.

Request of Central Library to increase salary of Marcia Tanaka, Library Systems Analyst, due to job re-evaluation, effective 05/11/13.

Request of Sheriff to accept resignation of Laura Breitenstein, Administrative Assistant I, effective 05/10/13. (38.42 hours or balance vacation, .81 hours or balance compensatory.)

Request of Sheriff to remove Glen I. Fluellen, II, Inspector, from payroll due to retirement, effective 05/31/13. (258.20 hours or balance vacation.)

Request of Sheriff to place Logan Graham, Officer – Civilian Detention, on payroll as replacement for Shelley Walls, effective 05/11/13.

Request of Sheriff to place Lindsay Hall, Clerk IV – Records, on Unpaid Leave of

Absence, effective 05/14/13.

Special Session of May 20, 2013

Page 16 of 17

Request of Sheriff to transfer David Koth, Deputy – Detention, as replacement for

Michael Stephens, effective 05/11/13.

Request of Sheriff to accept resignation of Marie Ruiz, Officer – Civilian Detention, effective 05/18/13. (5.24 hours or balance vacation, 95.13 hours or balance compensatory, 19.50 hours or balance holiday.)

Request of Sheriff to transfer Michael Stephens, Deputy – Patrol, as replacement for

David Koth, effective 05/11/13.

Request of Sheriff to accept resignation of Brandon Stiles, Officer – Civilian Detention, effective 05/07/13. (83.16 hours or balance vacation; 129.78 hours or balance compensatory; 64.00 hours or balance holiday.)

Request of Tax Assessor/Collections to place Yvette Hanks, Deputy Specialist I, on payroll as replacement for Pamela Erwin, effective 06/03/13.

Request of Tax Assessor/Collections to increase salary of Sonya M. Hennigan, Deputy

Specialist III, due to completion of educational requirement for promotion as replacement for Tina Jackson, effective 05/13/13.

Request of Tax Assessor/Collections to increase salary of Leslie Kozub, Relief Manager, due to promotion as replacement for Ruth Ann Vandine, effective 05/13/13.

Request of Tax Assessor/Collections to increase salary of Tara Shantell Martin, Deputy

Specialist III, due to completion of educational requirements for promotion as replacement for Ryan McKinnies, effective 10/01/12.

Request of Tax Assessor/Collections to increase salary of Bonnie Rizzo, Deputy

Specialist III, due to completion of educational requirements for promotion as replacement for Dana Cook, effective 05/13/13.

Request of Tax Assessor/Collections to place Joanna Turrubiates, Deputy Specialist I, on payroll as replacement for Kelly Grimes, effective 05/13/13.

Request of Tax Assessor/Collections to discharge Ruth Ann Van Dine, Relief Manager, effective 05/01/13. (130.37 hours or balance vacation; 16.49 hours or balance compensatory.)

Request of Constable PCT 5 to place Laurie Bagwell, Deputy, on payroll as replacement for Colby Mathes, effective 05/13/13.)

Request of Constable PCT 5 to accept resignation of Colby Mathes, Deputy, effective

05/08/13. (No benefits due.)

Request of Commissioner PCT 1 to increase salary of Stephan Klink, Operator III, due to promotion as replacement for William McKinzie, effective 05/11/13.

Request of Commissioner PCT 2 to place James Melvin, Operator I, on payroll as replacement for David Stolz, effective 05/15/13.

Request of District Attorney to remove Donnie J. King, Investigator II, from payroll due to retirement, effective 05/24/13. (127.24 hours or balance vacation; .0950 hours or balance compensatory.)

Request of Juvenile rescind PCRF of Amaechi Esekody, Juvenile Probation Officer, approved in Commissioners Court on May 6, 2013, effective 04/17/13.

Request of Juvenile to remove Amaechi Esekody, Juvenile Probation Officer, from payroll due to retirement, effective 06/30/13. (226.51 hours or balance vacation; 11.255 hours or balance compensatory; .75 hours or balance holiday.)

Special Session of May 20, 2013

Page 17 of 17

Motion carried.

33. 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

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