March 25, 2013

March 25, 2013

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COMMISSIONERS COURT DOCKET

MARCH 25, 2013

SPECIAL SESSION

THE STATE OF TEXAS

COUNTY OF MONTGOMERY

BE IT REMEMBERED that on this the 25 th day of March, 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:

County Judge

Commissioner, Precinct 1

Commissioner, Precinct 2

Alan B. Sadler

Mike Meador

Craig Doyal

James Noack Commissioner, Precinct 3

Commissioner, Precinct 4

County Clerk’s Office

Ed Rinehart

Francine Nichols, Elizabeth Henthorn

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.

COMMISSIONER DOYAL RECOGNIZED MR. CHARLIE RILEY WHO INTRODUCED DR.

TODD STEVENS AND A GROUP OF 20 JUNIORS WITH MAGNOLIA I.S.D. LEADERSHIP

PROGRAM PRESENT OBSERVING TODAY’S COURT SESSION.

1. COMMISSIONERS COURT AGENDA APPROVED.

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

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

2.

3.

PROCLAMATION APPROVED – HEALTHY LIVING MONTH

Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve April as the Montgomery County Healthy Living Month. Motion carried.

MINUTES APPROVED – COMMISSIONERS COURT - COUNTY CLERK

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

Commissioners Court Minutes for Regular Session March 11, 2013, as presented by the

County Clerk. Motion carried.

4. CONSENT AGENDA APPROVED - AGENDA ITEMS 9A-J

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

Consent Agenda, as follows:

COUNTY AUDITOR - AGENDA ITEMS 9A1-5

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

A2. BUDGET AMENDMENTS for FY13 approved as follows: a. Adult Probation: To adjust line items. b. ARRA/TXDOT 3050-02-016: To recognize Reimbursement for Invoice #19

ARRA/TXDOT Grant 3050-02-016 (M23b/07.14.03). c. Building Maintenance: To adjust line items and transfer funds.

2 d. Commissioner Pct. 2: To adjust line items. e. Commissioner Pct. 3: To adjust line items. f. i. j.

Constable Pct. 1: To correct longevity pay for William Randall Samson. g. Contingency: To fund service award ceremony. h. County Attorney Title IVE GRN: To transfer funds for Title IV-E Grant for

County Attorney for quarter ending 12/31/12.

County Court at Law #5: To fund payoff of previous docket manager.

County Judge: To transfer funds for burial expense. k. District Attorney: To transfer funds for materials. l. 9 th

District Court: To correct amounts for cell phone allowance. m. 284 th

District Court: To carryover release 434727 omitted from original carryover. n. 410 th

District Court: To transfer funds for VPN. o. Drug Court: To recognize and allocate revenue for February 2013 (MRT

Books). p. DWI Court: To recognize and allocate revenue for Jan/Feb 2013 (MRT

Books). q. Historical Commission: To fund Heritage Museum as approved in 2013

Budget hearings. r. HMLND SEC GRNT PRG12-UASI: To adjust line items for position upgrade. s. Non-Departmental: To fund annual funding to Montgomery County Soil 7

Water Conservation District payment as authorized by CCT (M37/02.25.13).

Sheriff: To correct carryover. t. u. Sheriff: To correct carryover. v. Sheriff: To transfer funds for SO Servers and adjust line items. w. Sheriff/FBI – JTTF: To set up FBI-JTTF contract. x. Sheriff/HIDTA Grant: To allocate funds for the High Intensity Drug

Trafficking Areas (HIDTA) Grant (M11/03.11.13). y. Sheriff OCDETF-PACIENCIA: To set up S.O. OCDETF-Patience contract. z. Sheriff OCDETF-Ranch Hand: To set up S.O. OCDETF – Ranch Hand contract. aa. Sheriff US Marshals – JLEO: To set up US Marshals – JLEO contract.

A3.

REPORT OF OFFICIALS’ FEES ACCEPTED as audited for December, 2012.

A4. CASH COUNT AUDIT APPROVED for the quarter ending March 31, 2013.

A5. CASH COUNT AUDIT APPROVED for the quarter ending December 31, 2012.

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TAX ASSESSOR/COLLECTOR – AGENDA 9B

B1. MONTHLY TAX COLLECTION REPORT ACCEPTED for the month ending

February 28, 2013.

PURCHASING DEPARTMENT - AGENDA ITEMS 9C1-5

C1. ADVERTISING APPROVED for the following bid/proposal: a. RFP/Q Fiber Optic and Duct Infrastructure Management – Various

Departments.

C2. RENEWALS APPROVED for the following contracts: a. AT & T MOBILITY NATIONAL ACCOUNTS, LLC (PO #2012279) for hardware, software and services for wireless voice, data, pagers & mobile satellite voice through Texas Department of Information Resources (DIR

Contract #DIR-SDD-1777), expires 04/12/13 – Various Departments. b. MIDWEST MEDICAL SUPPLY CO., LLC (PO #2012253) for medical supplies, expires 04/22/13 – Various Departments. Note: Changes per documents in file. c.

O’BRIEN’S RESPONSE MANAGEMENT, INC. (PO #2010439) for disaster logistics services for emergency resources, expires 04/25/13 –

Emergency Management. d. VOSS ELECTRIC CO dba VOSS LIGHTING (PO #2012063) for electrical equipment, bulbs, and ballast through Interlocal Agreement with Region 4

Education Service Center/The Cooperative Purchasing Network (TCPN

Contract #R5065), expires 04/30/13 – Various Departments. e. f.

JP MORGAN CHASE BANK, NA (PO #2012242) for financing rate for various items, expires 05/06/13 – Various Departments.

SUNTRUST EQUIPMENT FINANCE & LEASING CORPORATION (PO

#2012243) for financing rate for various items, expires 05/06/13 – Various

Departments. g. SOVEREIGN/SANTANDER (PO #2012244) for financing rate for various items, expires 05/06/13 – Various Departments. h. WORKSPACE RESOURCE, INC. (PO #2008293) for new furniture, expires

05/06/13 – Various Departments. i. CONTRACT RESOURCE GROUP, LLC (PO #2008292) for new furniture, expires 05/06/13 – Various Departments. j. BONDS, RICKY dba AEROBIC MANAGEMENT (PO #2011334) for residential water well(s), expires 05/08/13 – Various Departments. k. WEISINGER WATER WELL, INC. (PO #2011342) for residential water well(s), expires 05/08/13 – Various Departments. l. APi SYSTEMS GROUP, INC. (PO #2010461) for fire protection system, expires 05/09/13 – Various Departments. m. WILSON FIRE EQUIPMENT AND SERVICE COMPANY, INC. (PO

#2010462) for fire protection system, expires 05/09/13 – Various

Departments. n. UNIFIRST CORPORATION (PO #2011319) for uniform rental and services, expires 05/12/13 – Various Departments.

4 o. CALENCE LLC dba INSIGHT NETWORKING (PO #2010558) for Cisco equipment and related services through Texas Department of Information

Resources (DIR Contract #DIR-SDD-1369), expires 05/13/13 – Various

Departments. NOTE: Changes per documents on file. p. DATAVOX, INC. (PO #2010556) for Cisco equipment and related services through Texas Department of Information Resources (DIR Contract #DIR-

SDD-1374), expires 05/17/13 – Various Departments. NOTE: Changes per documents on file. q. M. HOLLAND PLUMBING (PO #I012212) for plumbing services – non

Davis Bacon, expires 05/18/13 – Various Departments. r. AMERICAN MECHANICAL SERVICES OF HOUSTON, LLC (PO

#I012213) for plumbing services – non Davis Bacon, expires 05/18/13 –

Various Departments.

C3. CHANGE ORDERS APPROVED for the following: a. Change Order #2, PO #2012276 to Richard W. Edwards (architectural services) for fee increase of $2,098.64 due to an increase of the bid amount –

Precinct #2/MCCD. b. Change Order #3, PO #2011294 to A & B Crushed Concrete, LLC (haul services for miscellaneous materials). Items No. 001 and 002 should both read $165.00 per truck load, not $150.00 per truck load – Precinct #4.

C4. DISCRETIONARY EXEMPTIONS APPROVED as follows: a. National Medical Services, Inc. dba NMS Labs for laboratory testing services

– Forensic Services 262.024(a)(4). b. Memorial Hermann Hospital System for sexual assault examinations –

Various Departments 262.024(a)(4). c. Montgomery County Children’s Advocacy Center for sexual assault examinations – Various Departments 262.024(a)(4). d. West, a Thomson Reuters Business for law books/subscriptions – Various

Departments 262.024(a)(7)(B). e. Hi-Way Equipment Co. for Gradall excavator parts only – 262.024(7)(D). f. Cleveland Mack Sales, Inc. dba Performance Truck for Mack parts only –

Various Departments 262.024(a)(7)(D). g. Cleveland Mack Sales, Inc. dba Performance Truck for vehicle and equipment repairs (parts and labor) – Various Departments 262.024(a)(11). h. Hi-Way Equipment Co. for vehicle and equipment repairs (parts and labor) –

Various Departments 262.024(a)(11). i. HeavyQuip for vehicle and equipment repairs (parts and labor) – Various

Departments 262.024(a)(11).

C5. NAME CHANGE ACKNOWLEDGED of Enroute Emergency Systems, LLC to

Infor Public Sector, Inc. – Purchasing.

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COMMISSIONERS – AGENDA ITEM 9D

D1. PRECINCT 4 a. RESERVATION OF NAME APPROVED “Montgomery County Municipal

Utility District No. 140” for use by the law firm of Allen, Boone, Humphries,

Robinson, LLP. b. CHECK ACCEPTED from City of Roman Forest, in the amount of

$1,808.29 for the purchase of fuel for the month of February, 2013. To be deposited into account 615.7926. c. CHECK ACCEPTED from The Friendship Center, in the amount of $863.80 for fuel used for the month of February, 2013. To be deposited into account

615.7926.

COMMISSIONERS – COUNTY ATTORNEY – ROAD AND BRIDGES – AGENDA ITEMS 9E

E1. PRECINCT 1 a. RELEASE APPROVED of restrictive covenants pursuant to Home Grant

Program for property located at 9950 Oak Tree Drive, Conroe, Texas owned by Citizens Against Substance Abuse and authorize Joanne Ducharme,

Director of Community Development to execute release.

E2. PRECINCT 2 a. ORDER APPROVED accepting road known as Marshburn Drive into

Montgomery County Road Maintenance System upon finding of prescriptive right based on public use. b. AGREEMENT APPROVED and CHECKS ACCEPTED for road acceptance and repair for roads within Glenwood Estates Subdivision. Cashier’s checks in the amount of $20,000.00 and $667.17 totaling $20,667.17. (Checks have been forwarded to the Auditor for further processing.) c. ORDER APPROVED acknowledging receipt of Amendment to Letter of

Credit for High Meadow Estates Section One (1). d. ORDER APPROVED acknowledging receipt of Amendment to Letter of

Credit for High Meadow Estates Section Two (2).

E3. PRECINCT 4 a. LEASE AGREEMENT APPROVED between Montgomery County, Texas and Michel Stamper for real property described as Tracts 329, 330, and 331,

Krohn Ranchettes, an unrecorded subdivision out of the S.H. Bryan Survey,

Abstract No. 70. b. ORDER APPROVED acknowledging Receipt of Payment by Money Order, in the amount of $500.00 from Michel Stamper for lease of real property described as Tracts 329, 330, and 331, Krohn Ranchettes, an unrecorded subdivision out of the S.H. Bryan Survey, Abstract No. 70. (Money Order has been forwarded to the Auditor for further processing.) c. ORDER APPROVED acknowledging Receipt of Payment by personal check no. 2145, in the amount of $10.00 from Clinton and Melissa Bonin for lease of real property described as 1.97 acres of land in the Matilida Wilburn

Survey, Abstract No. 597, also described as Lots D & E, Block 22, of the

Wheeldon Subdivision. (Check has been forwarded to the Auditor for further processing.)

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COMMISSIONERS – COUNTY ENGINEER – AGENDA ITEM 9F

F1. PRECINCT 2 a. ROADS ACCEPTED into the one year maintenance period effective

03/25/13 in Woodforest, Section 16, length of road 686.76 LF = .13 miles. b. ROADS ACCEPTED, Holly Terrace at Jacobs Reserve, Section 1, into the

Montgomery County Road System and Bond released effective March 25,

2013. c. REQUEST APPROVED from Mid-South Synergy to place a 14.4kV,

#2ACSR 7/1 overhead line within the right of way of Fish Creek

Thoroughfare in Montgomery County. d. REQUEST APPROVED from Phonoscope Enterprise Group to place two (2) poles within the right of way of Keenan Cutoff Road in Montgomery County.

F2. PRECINCT 3 a. FINAL PLAT APPROVED of Canyon Lakes at Spring Trails, Section 5,

8.64 acres, 36 lots, Montgomery County Land Survey, A-351 b. FINAL PLAT APPROVED of Falls at Imperial Oaks, Section 1, 16.98 acres,

33 lots, Samuel Ward Survey, A-607. c. FINAL PLAT APPROVED of The Woodlands, Village of Grogans Mill,

Lake Harrison, Section 1, 11.755 acres, 57 lots, John Taylor Survey, A-547. d. ROADS ACCEPTED into the one year maintenance period effective

03/25/13 in Kuykendahl Road Dualization, 1851.61 LF = .35 miles. e. REQUEST APPROVED of Spring Creek Utility District to place a driveway and connect to a 12-inch water line within the right of way of Birnham

Woods Drive in Montgomery County.

F3. PRECINCT 4 a. ROADS ACCEPTED into the one year maintenance period effective

03/25/13 in Kings Mill, Section 5, 651.01 LF = .13 miles. b. ROADS ACCEPTED into the one year maintenance period effective

03/25/13 in Kings Mill, Section 6, 2726.15 LF = .52 miles.

CONSTABLE PRECINCT 1 – AGENDA ITEM 9G

G1. DONATION CHECK ACCEPTED from Full Service Security, LLC in the amount of $4,000.00, for training purposes. To be placed into account line 5511.7418.

(Check has been forwarded to the Auditor for further processing.)

ENVIRONMENTAL HEALTH – AGENDA ITEM 9H

H1. REQUEST APPROVED for demolition on the following property that is abandoned, deemed unsafe, or unlivable in Precinct 4 at 19046 FM 1314, Conroe, Texas 77302.

Estimated total cost is $8,000.00. Funded by Precinct 4 Commissioner Ed Rinehart.

H2. VARIANCE REQUEST APPROVED to install an aerobic on-site system in the 100year floodplain located at 13137 Massey Road, Conroe, Texas 77306.

H3. VARIANCE REQUEST APPROVED to install an aerobic on-site system in the 100year floodplain located at 29803 Parker Road, Magnolia, Texas 77354.

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COUNTY CLERK – AGENDA ITEM 9I

I1. CORRECTION APPROVED to the Minutes of Commissioners Court session dated

12/03/12, Page 1, Motion 2A to read:

“JUDGE JAMES H. KEESHAN BUILDING, 301 NORTH THOMPSON,

CONROE, TEXAS, 77301.”

COUNTY JUDGE – AGENDA ITEM 9J

J1. USE AGREEMENTS APPROVED as follows:

J1a. PRECINCT 1

1. Montgomery County United Way- Volunteer Appreciation Luncheon

Courthouse Steps

2. Conroe Family YMCA – Church Baseball League Games

Charles Traylor Sports Park

3. 8U Mudcats – Baseball Practice

Charles Traylor Park – Baseball Field #3

4. MC Elite Millennium 12U – Tournament

Charles Traylor Sports Park

5. MC Elite Millennium 12U – Girls Softball Practice

Charles Traylor Sports Park

J1b. PRECINCT 4

1. TEXAS BALL BRATS – USFA Fundraising Tournament

Ipes Sports Park

2. HGSL Texas Cobras 03 – Tournament

Splendora Softball Complex

Motion carried.

END OF CONSENT AGENDA

5. APPOINTMENT APPROVED – BETSY POWERS – COUNTY JUDGE

6.

Motion by Judge Sadler, seconded by Commissioner Meador, to approve appointment of Dr.

Betsy Powers to serve as a member of the Montgomery County Historical Commission for

2013-2014 term. Motion carried.

REQUEST APPROVED – UTILITY BILLS - INFRASTRUCTURE

Motion by Commissioner Noack, seconded by Commissioner Meador, to establish a utilities line item account for utility bills received for the impound lot located at 23628 Roberts

Road, New Caney, TX. This facility is used by multiple entities, such as but not limited to: the Sheriff’s Office and Constable Precinct 4. Energy charges were previously paid through the Constable Precinct 4 Forfeiture Account. Motion carried.

7. Motion by Commissioner Noack, seconded by Commissioner Doyal, to defer Agenda Item

12A. Motion carried.

8.

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REPORT APPROVED – FISCAL YEAR 2012 – LIBRARY

Motion by Commissioner Meador, seconded by Commissioner Noack, to approve the acceptance of the Annual Report for Fiscal Year 2012 for the Montgomery County

Memorial Library System and authorize Judge Sadler to sign. Motion carried.

GRANT ACCEPTED – MOBILE APP and SOLUTION PROJECT - LIBRARY 9.

Motion by Commissioner Noack, seconded by Commissioner Meador, to approve authorizing the Montgomery County Memorial Library System to apply for a grant of up to

$15,000.00 to fund the development of a mobile application. This approval was contingent upon receipt of notification letter that was provided in Court which authorizes proceeding with finalizing plans for the Mobile Solution Project. Motion carried.

10. REPORT ACCEPTED – PERFORMANCE INDICATORS - MHTF

Motion by Commissioner Meador, seconded by Commissioner Doyal, to accept the semiannual Performance Indicators report for the period of September 2012 through February

2013. Motion carried.

11. MINUTES ACCEPTED – FEBRUARY 19, 2013 MEETING – MHTF

Motion by Commissioner Meador, seconded by Commissioner Doyal, to accept Minutes of

February 19, 2013 Advisory Board meeting, as set forth per documents on file. Motion carried.

12. REVISION APPROVED – MANAGEMENT PLAN – MHTF

Motion by Commissioner Meador, seconded by Commissioner Noack, to approve a revision to the Table of Organization in the Management Plan as recommended by the MCMHTF

Advisory Board and as set forth in documents on file. Motion carried.

13. REVISIONS APPROVED – MANAGEMENT PLAN – MHTF

Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve revisions to three (3) policies in the Management Plan as recommended by the MCMHTF Advisory

Board and as set forth in documents on file. Motion carried.

14. REQUESTS APPROVED – APPOINTMENTS and PRIVILEGES – MHTF

Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve appointments and granting of privileges for James R. Mayo, MD and Sophia Belay, PhD, as recommended by the MCMHTF Advisory Board and as set forth in documents on file.

Motion carried.

15. REQUEST APPROVED – FEE FOR SERVICES – FORENSIC SERVICES

Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve the onetime fee for services already provided to Grayson County, effective 03/21/13 listed as

“Acquisition of specimens for DNA testing from an exhumed body; $1,000.00 to be billed to the Grayson County District Attorney’s Office.” Motion carried.

AGENDA ITEM 16B: CONSIDER AND APPROVED CHANGES TO CONTINGENCY

BALANCE:

Commissioner Noack gave a PowerPoint presentation regarding the condition of

Precinct 3 building and how best to address the needs of that facility. After the presentation he requested leaving $200,000.00 in Contingency earmarked for the rehabilitation of the building and address the other building needs during the budget hearing process.

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Judge Sadler addressed revising the Sheriff’s motion from last session and let the

Sheriff use what he needs out his potentially swept funds to pay for the settling of compensatory time, over-time, sick time, etc. and sweep the balance. Sheriff Gage pointed out that he needs all funds that are given to him in budget for things that come up, i.e. the recent escaped prisoner situation and that he cannot afford to have his budget swept so frequently. Commissioner Meador explained that only if monies are accumulated would they want to place it in Contingency and not that they want to sweep it every month. Sheriff Gage agreed that it would be fine if every 90 days

Carol Thompson and Phyllis Martin get together to discuss monies and possibly sweeping excess funds into Contingency.

16. MOTION FAILED – CHANGES TO CONTINGENCY - AUDITOR

Motion by Commissioner Noack, seconded by Judge Sadler, to 1) check with the Sheriff’s

Office every 90 days about the potential of sweeping his excess salary funds to Contingency, and 2) move $520,000.00 that was earmarked for Precinct 3 building to Contingency leaving

$200,000.00 with Precinct 3 for the remodel of the Commissioner’s office. Motion failed with a vote of 2-3.

17. ACTION APPROVED – CHANGES TO CONTINGENCY - AUDITOR

Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve 1) moving

$725,000.00 back into Contingency, arrange with Maintenance to see what they can do to rectify some of the problematic issues that the Precinct 3 building has. If Maintenance doesn’t have the money in budget to make the repairs then that can be funded out of

Contingency, and 2) check with the Sheriff’s Office every 90 days about the potential of sweeping his excess salary funds to Contingency. Unanimous vote. Motion carried.

18. FUNDING SOURCE APPROVED – ANIMAL SHELTER – AUDITOR

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

Contingency to be an additional funding source for PO #2013218 in the amount of

$53,844.00 needed to fund the contract with Care Corporation through the remainder of the fiscal year. Motion carried.

19. ACTION APPROVED – FY14 BUDGET POLICY – AUDITOR

Commissioner Noack gave a PowerPoint Presentation with suggestions and goals for creating a Pre-Budget Committee and Pre-Budget Workshops with the goal of a total county-wide cut of 3%. Commissioners Doyal and Noack, Mark Bosma, and Phyllis Martin expressed interested in being in on a Pre-Budget Workshop.

Motion by Judge Sadler, seconded by Commissioner Noack, to seek a goal of a 3% cut in this year’s budget and create a Pre-Budget Committee and for the Budget forms to remain the same. Motion carried.

20. REPORT ACCEPTED – FINANCIAL REPORT - AUDITOR

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

Comprehensive Annual Financial Report for year ended September 30, 2012. Motion carried.

NO ACTION ON AGENDA ITEMS 17A.

21. CONTRACT APPROVED – EASTER SEALS – COUNTY ATTORNEY

Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve contract with Easter Seals Greater Houston for FY12 Home Program Funding related to Down

Payment Assistance Program. Motion carried.

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22. AGREEMENT APPROVED – LAW ENFORCEMENT SERVICES – COUNTY

ATTORNEY

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

Interlocal Agreement between Montgomery County and Southern Montgomery County

Municipal Utility District (MUD) for law enforcement services. Motion carried.

23. AGREEMENT APPROVED – JAMES PATRICK – COUNTY ATTORNEY

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

Personal Service Agreement with James Patrick, as Deputy Constable Precinct 1, with law enforcement services to be designated by Constable Precinct 1, and authorize Judge Sadler to sign said Agreement. Motion carried.

AGENDA ITEM 18D DEFERRED TO AFTER EXECUTIVE SESSION.

24. EXPENDITURE OF FUNDS APPROVED – FOOD/BEVERAGE – COUNTY

ATTORNEY

Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve expenditure of funds from line item 7300 (actually line item 7486) to purchase food and/or beverage items for victims and witnesses visiting the County Attorney’s office. Motion carried.

25. RESOLUTION AND ORDER APPROVED – ANIMAL SHELTER – COUNTY

ATTORNEY

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

Resolution and Order establishing procedure for accepting and expending funds donated for the Animal Shelter Building Fund. Motion carried.

COMMISSIONERS’ COURT RECESSED FOR PUBLIC HEARING.

PUBLIC HEARING – AGENDA ITEM 19

PROPER NOTICE HAVING BEEN GIVEN, JUDGE SADLER DECLARED A PUBLIC

HEARING IN REGARD TO ESTABLISHING A “LOADING ZONE” ON THE WEST SIDE OF

WOODLOCH FOREST DRIVE, SOUTH OF LAKE ROBBINS DRIVE.

A MEMBER OF THE PUBLIC SPOKE IN FAVOR OF THE LOADING ZONE.

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

MATTER, JUDGE SADLER DECLARED THE PUBLIC HEARING CLOSED.

COMMISSIONERS’ COURT RECONVENED

26. REQUEST APPROVED – LOADING ZONE – PRECINCT 3

Motion by Commissioner Noack, seconded by Commissioner Meador, to approve establishing a “Loading Zone” on the west side of Woodloch Forest Drive, south of Lake

Robbins Drive. Motion carried.

COMMISSIONERS – AGENDA ITEM 20

27. CHANGES APPROVED - POSITIONS AND TRANSER OF FUNDS - PRECINCT 4

Motion by Commissioner Rinehart, seconded by Commissioner Meador, to approve the following: a. Close position #615-3203-8 b. Open position #615-8316-2

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Transfer of funds and associated benefits:

AMOUNT FROM TO

$46,908.87 615-3203-8 615-8316-2

Motion carried.

COMMISSIONERS – COUNTY ATTORNEY – ROAD & BRIDGES – AGENDA ITEM 21

28. AGREEMENT APPROVED – ROAD IMPROVEMENTS – PRECINCTS 3

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

Interlocal Agreement between the Woodlands Road Utility District No. 1 and Montgomery

County for improvements at the intersection of Kuykendahl Road and Bay Branch Drive.

Motion carried.

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 551.071.

EXECUTIVE SESSION – AGENDA ITEM 22A-B

COURT RECONVENED WITH ALL MEMBERS PRESENT.

TAKE ACTION ON MATTERS IN EXECUTIVE SESSION – AGENDA ITEM 22A

29. RESOLUTION AND ORDER APPROVED - TAFEL V. SMITH, ET AL – COUNTY

ATTORNEY

Motion by Judge Sadler, seconded by Commissioner Noack, to approve the Resolution and th

Order for expenses regarding Tafel V. Smith, et al, 2013 10882, in the 55 Judicial District,

Harris County, Texas; Claim #D-13-0034 (Section 551.071). Motion carried.

AGENDA ITEM 22B – NO ACTION.

CITIZENS – AGENDA ITEM 24

BILL O’SULLIVAN – PERTAINING CONTINGENCY, BUDGET, AND AIRPORT.

WALTER BOYD – GAVE AN OPEN INVITATION TO THE COMMISSIONERS TO

ATTEND VARIOUS TEA PARTY EVENTS.

30. 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 Airport to accept resignation of Ernest P. Vicchio, Airport Ops Specialist, effective 03/01/13. (No benefits due.)

Request of Custodial to discharge Richard Davila, Custodian I, effective 03/11/13. (4.62 hours or balance vacation, 3.00 hours or balance compensatory.)

Request of Custodial to place Jaime Fernandez, Custodian, on payroll as replacement for

Judy E. Everett, effective 03/18/13.

Request of Custodial to change status of Milton Garcia, Custodian I, due to promotion as replacement for Richard Davila, effective 03/16/13.

Request of Custodial to increase salary of Hillary Grace Hillyard, Custodian I, due to promotion as replacement for Sandy Elizabeth Grana, effective 03/16/13.

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Request of Custodial to accept resignation of Olga Morel, Custodian I, effective 03/19/13.

(No benefits due.)

Request of Commissioner Pct. 1 to increase salary of Cody L. Hodges, Seasonal Worker, due to job re-evaluation, effective 03/16/13.

Request of Commissioner Pct. 1 to increase salary of Mitchael Q. Hodges, Seasonal Worker, due to job re-evaluation, effective 03/16/13.

Request of Commissioner Pct. 1 to increase salary of John Wolff, Park Attendant/Manager, due to job re-evaluation, effective 03/16/13.

Request of Commissioner Pct. 2 to increase salary of Ronald E. Hoffman, Operator II, due to promotion as replacement for Frank Kelly, Jr., effective 03/16/13.

Request of Constable Pct. 2 to discharge David Stolz, Operator I, effective 03/12/13. (37.88 hours or balance vacation, 58.25 hours or balance compensatory.)

Request of Commissioner Pct. 3 to increase salary of John Joel Bowen, Signal Technician I, due to transfer as replacement for James Mosbey, effective 02/26/13.

Request of Commissioner Pct. 4 to place Rhonda G. Behnken, Coordinator II – Facilities, on payroll as replacement for Kathleen Costine in new position, effective 04/01/13.

Request of County Attorney to discharge Lana Shadwick, Attorney II, effective 03/05/13.

(No benefits due.)

Request of County Auditor to place Stephanie Eckert, Grants Reporting Accountant, on payroll due to return from unpaid leave of absence, effective 03/18/13.

Request of County Treasurer to remove Kathy Holman, Accounting Assistant, from payroll due to retirement, effective 03/31/13. (87.4564 hours or balance vacation, .125 hours or balance compensatory.)

Request of Elections to rescind Payroll Change Request for Krysten Chambers, Temporary

Voter Clerk, approved by Commissioners Court on 03/11/13, effective 03/04/13.

Request of Elections to place Blanca Tovar Frias, Temporary Voter Clerk, on payroll in pooled position, effective 03/18/13.

Request of Elections to rescind Payroll Change Request for Ebed Garcia Elizondo,

Temporary Voter Clerk, approved by Commissioners Court on 03/11/13, effective 03/04/13.

Request of Homeland Security Grant PRG 12 to increase salary of Cynthia Jamieson,

Community Prep Planner, due to promotion into new position, effective 03/18/13.

Request of Juvenile to discharge Roy Juan, Juvenile Supervision Officer, effective 03/11/13.

(27.72 hours or balance, 4.125 hours or balance compensatory, 24.00 hours or balance holiday.) Not eligible for re-hire.

Request of Sheriff to remove Kenneth Ariola, Captain – Sheriff, from payroll due to retirement, effective 04/30/13. (201.93 hours or balance vacation, 40.00 hours or balance holiday.)

Request of Sheriff to place Stephen Clough, Officer – Civilian Detention, on payroll as replacement for Shawn Beatty, effective 03/23/13.

Request of Sheriff to place Kevin Collignon, Officer – Civilian Detention, on payroll as replacement for Brandon Baines, effective 03/09/13.

Request of Sheriff to place John David Duke, Officer – Civilian Detention, on payroll as replacement for Travis Lawson, effective 03/16/13.

13

Request of Sheriff to discharge Aniel P. Fecik, Deputy – Detention, effective 03/12/13.

(73.705 hours or balance vacation, 26.41 hours or balance, 16.00 hours or balance holiday.)

Request of Sheriff to transfer Leslie Fields, Clerk IV – CID, as replacement for Ilda Rupert, effective 02/23/13.

Request of Sheriff to accept resignation of Jennifer Grenier, Officer – Civilian Detention, effective 03/23/13. (144.41 hours or balance vacation, 221.82 hours or balance compensatory, 55.50 hours or balances holiday.)

Request of Sheriff to increase salary of Donald Golsby, Corporal – Training, due to promotion as replacement for Robert Albritton, effective 03/16/13.

Request of Sheriff to place Christopher Loftin, Officer – Civilian Detention on payroll as replacement for Anthony Pellecchia, effective 03/23/13.

Request of Sheriff to place Sheila Lucas, Clerk IV - CJR, on payroll as replacement for

Leslie Fields, effective 03/23/13.

Request of Sheriff to accept resignation of Tracy Richards, Officer – Civilian Detention, effective 03/23/13. (22.88 hours or balance compensatory, 16.00 hours or balance holiday.)

Request of Sheriff to accept resignation of Angela Zeller, Dispatcher, effective 03/12/13.

(18.00 hours or balance compensatory, 40.00 hours or balance holiday.)

Request of Tax Assessor/Collections to increase salary of Dana A. Cook, Refunds

Disbursement Manager, due to promotion as replacement for Kimberly Roe, effective

04/01/13.

Request of Tax Assessor/Collections to discharge Pamela Evard, Administrative Manager, effective 03/08/13. (80.08 hours or balance vacation.)

Request of Tax Assessor/Collections to place Travis Lucas, Deputy Specialist I, on payroll as replacement for Sallie Vickrey, effective 03/18/13.

Request of Tax Assessor/Collections to increase salary of Kimberly R. Roe, Collections

Supervisor, due to promotion as replacement for Vicki Willis, effective 04/01/13.

Request of Tax Assessor/Collections to increase salary of Vicki Coon Willis, Branch

Manager, due to promotion as replacement for Patricia Hamilton, effective 04/01/13.

Motion carried.

31. COURT ADJOURNED

Motion by Commissioner Rinehart, seconded by Commissioner Doyal, 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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