June 2, 2014

June 2, 2014
COMMISSIONERS COURT MINUTES
JUNE 2, 2014
REGULAR SESSION
THE STATE OF TEXAS
COUNTY OF MONTGOMERY
BE IT REMEMBERED that on this the 2nd day of June, 2014, the Honorable Commissioners
Court of Montgomery County, Texas, was duly convened in a Regular Session in the
Commissioners Courtroom of the Alan B. Sadler Commissioners Court Building, 501 North
Thompson, Conroe, Texas, with the following members of the Court present:
County Judge
Commissioner, Precinct 1
Commissioner, Precinct 2
Also County Clerk’s Office
Alan B. Sadler
Mike Meador
Craig Doyal
Francine Nichols
ABSENT from this session:
Commissioner, Precinct 3
Commissioner, Precinct 4
James Noack
Ed Rinehart
INVOCATION given by Nelda Blair.
PLEDGE OF ALLEGIANCE to the United States flag recited.
PLEDGE OF ALLEGIANCE to the Texas state flag recited.
Judge Sadler acknowledged and congratulated three new members of the Commissioners Court:
Judge Elect Craig Doyal
Commissioner Elect Precinct 2 Charlie Riley
Commissioner Elect Precinct 4 Jim Clark
And District 16 State Representative Will Metcalf
1.
COMMISSIONERS COURT AGENDA APPROVED.
Motion by Commissioner Doyal, seconded by Commissioner Meador, to approve
Commissioners Court Agenda for discussion and necessary action. Motion carried.
2.
COMMISSIONERS COURT MINUTES – COUNTY CLERK
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve
Commissioners Court Minutes for Regular Session dated May 19, 2014. Motion carried.
3.
CONSENT AGENDA – AGENDA ITEMS 8A-L
Motion by Commissioner Doyal, seconded by Judge Sadler, to approve the Consent
Agenda, as follows:
COUNTY AUDITOR – AGENDA ITEMS 8A1-6
A1.
PAYMENT OF ACCOUNTS APPROVED, as submitted by the County Auditor.
A2.
BUDGET AMENDMENTS FY14 APPROVED:
a.
Various: To recognize and allocate revenue.
b.
Various Departments: To fund payoff of exempt employees compensatory
balance approved M22/05.05.14.
Session of June 2, 2014
Page 2 of 17
c.
221st District Court: To adjust line items.
d.
Commissioner Precinct 1: To adjust line items.
e.
Commissioner Precinct 1: To recognize and allocate revenue.
f.
Commissioner Precinct 3: To adjust line items.
g.
Commissioner Precinct 4: To adjust line items.
h.
Constable Precinct 2: To recognize and allocate revenue.
i.
Constable Precinct 4: To adjust line items.
j.
Constable Precinct 4: Additional funds for fuel approved M13/05.19.14.
k.
Court Collections: To adjust line items.
l.
Court Reporter Services Fund: To recognize and allocate revenue.
m.
Court Reporter Service Fund: To recognize and allocate revenue.
n.
Court Reporter Service Fund: To recognize and allocate revenue.
o.
County Engineer: To recognize and allocate revenue received from sale of
Joe Corley Facility to fund H-GAC Study as authorized by Commissioners
Court (M4/07.22.13).
p.
Custodial Services: To transfer funds for build.
q.
District Attorney: To transfer funds for build.
r.
Indigent Defense: To adjust line item.
s.
Information Technology: To adjust line items.
t.
Justice of the Peace Technology Fund: To recognize and allocate revenue
for Justice of the Peace Technology Fund as authorized by Commissioners
Court (M10/05.19.14).
u.
Justice of the Peace Technology Fund: To recognize and allocate revenue
for Justice of the Peace Technology Fund as authorized by Commissioners
Court (M18/05.19.14).
v.
Justice of the Peace Precinct 5: To transfer funds for build.
w.
Juvenile: To transfer for VPN.
x.
Montgomery County Community Development: To recognize and allocate
PI received for Splendora Building.
y.
Montgomery County Community Development – CDBG – DR – Round II
Phase II: To adjust line items.
z.
Montgomery County Community Development – County Appropriation:
To adjust line items for Tamina refund (M8/05.05.14).
aa.
Sheriff: To adjust line items.
bb.
Sheriff – Auto Theft: To adjust line items for Budget Adjustment #4.
A3.
REPORT OF OFFICIALS’ FEES ACCEPTED as audited for February 2014.
A4.
REPORT OF OFFICIALS’ FEES ACCEPTED as audited for March 2014.
A5.
MONTHLY UNAUDITED FINANCIAL REPORT ACCEPTED for the month
of March, 2014.
A6.
MONTHLY UNAUDITED FINANCIAL REPORT ACCEPTED for the month
of April, 2014.
Session of June 2, 2014
Page 3 of 17
TREASURER – AGENDA ITEMS 8B1-3
B1.
WEEKLY INVESTMENT REPORT APPROVED for week ending May 16,
2014.
B2.
TICKET LOG APPROVED for April 2014.
B3.
INVESTMENT REPORT APPROVED for April 2014.
TAX ASSESSOR/COLLECTOR – AGENDA ITEM 8C1-3
C1.
SURETY BOND #106078950 ACCEPTED for Gerlands Food Fair, Inc.,
Gerlands Realty Corp. and/or Donald Benefield – COO, EVP. in the amount of
$20,000.00.
C2.
SURETY BOND #103200683 ACCEPTED for Hodges Food Basket in the
amount of $10,000.00.
C3.
SUPPLEMENTAL CHANGES ACKNOWLEDGED from Appraisal Districts for
all taxing jurisdictions located in Montgomery County for May 2014.
PURCHASING – AGENDA ITEMS 8D1-10
D1.
ADVERTISING APPROVED for the following bid/proposal:
a.
D2.
D3.
NEW DANVILLE 37,000 GPD WASTEWATER TREATMENT PLANT – Project
2014-0057 – Montgomery County Community Development.
CONTRACTS AWARDED:
a.
JOHNSON SUPPLY and CENTURY AIR CONDITIONING SUPPLY for HVAC
items/miscellaneous supplies (Project 2014-0042) – Various Departments.
b.
ASTRO FENCE COMPANY for chain link fencing/materials and labor
(Project 2014-0046). Items nos. 6, 7, 8 and 9 rejected from Bid – Various
Departments.
c.
VULCAN SIGNS for traffic signs and related supplies (Project 2014-0039) Various Departments.
d.
MECHANICAL PIPING SYSTEMS, INC. (Prime); THE BRANDT COMPANIES,
LLC and ENVIROTECH MECHANICAL SYSTEMS (Alternates) for
HVAC/Mechanical Services (Project 2014-0034) – Various Departments.
RENEWALS APPROVED:
a.
SOFTWARE HOUSE INTERNATIONAL, INC. (P.O. 2014134) for products &
related services, expires 08/20/14 – Various Departments. Note: As per
documents on file.
b.
FUTURE COM, LTD (P.O. 2014459) for products and related services,
expires 08/09/14 – Information Technology.
c.
HARRIS COUNTY, TEXAS/FUND 1000 (P.O. 2009576) for Interlocal
Agreement with Harris County for Montgomery County’s access to the
Harris county Radio system Infrastructure as a part of the 800 MHZ
Regional Radio System, expires 08/16/14 – Various Departments.
d.
ROGUE WASTE RECOVERY & ENVIRONMENTAL, INC. (P.O. 2010566) for
automotive recyclables disposal service, expires 07/08/14 – Various
Departments.
Session of June 2, 2014
Page 4 of 17
D4.
D5.
CHANGE ORDERS APPROVED:
a.
Change Order #19 (P.O. 2010327) to STEPHENS OFFICE SUPPLY, INC., DBA
GOSTEPHENS for office/computer/paper supplies and accessories with
online ordering capabilities, second quarter 2014 increase of 7.19% and
decrease of 7.9% with additional new items and deleting other items –
Various Departments.
b.
MOVED TO OPEN AGENDA – SEE MOTION 4.
DISCRETIONARY EXEMPTIONS APPROVED:
a.
LEXISNEXIS® for online computer assisted legal research – Various
Departments §262.024(a)(7)(B).
b.
LEXISNEXIS® MATTHEW BENDER® MICHIE™ SHEPARD’S® ANDERSON
PUBLISHING® AND GOULD PUBLICATIONS™, MEALEY’S AND FLP
PRODUCTS/CD’S/BOOKS/PUBLICATIONS FROM MATTHEW BENDER &
COMPANY DBA LEXIS—NEXIS MATTHEW BENDER for publications –
Various Departments §262.024(a)(7)(B).
c.
JOHN C. HOLZWARTH for on call transportation engineering services –
Various Precincts §262.024(a)(4).
d.
TEXAS DEPARTMENT OF INFORMATION RESOURCES AND JUNIPER
NETWORKS (US), INC. RESELLER M&S TECHNOLOGIES for products and
related services, Contract #DIR-SDD-1470, effective 06/02/14 through
08/19/14 – Information Technology §271.083(b).
e.
WEST A THOMSON REUTERS BUSINESS for sole-source online computer
assisted legal research – Various Departments §262.024(a)(7)(B).
f.
SCHAUMBURG & POLK, INC. for Engineering for Route Study – Cost
Proposal in the amount of $29,570.00 – Precinct 1/Lone Star Executive
Airport §262.024(a)(4).
D6.
RENAMING PERMISSION TO ADVERTISE APPROVED from Anders
Branch Drainage Improvements – Project 2013-0059 - Montgomery County
Community Development to Anders Branch/Town Creek Area Drainage
Improvements – Project 2013-0059 - Montgomery County Community
Development.
D7.
RENAMING PERMISSION TO ADVERTISE APPROVED from Additional
Five (5) Phase Treatment Services – Project 2014-0055 – Drug/DWI Court, to
RFP/Q Additional Five (5) Phase Treatment Services – Project 2014-0055 –
Drug/DWI Court.
D8.
REQUEST APPROVED to declare one laser as salvage – Precinct 4 §263.151(1).
D9.
LEASE AGREEMENT APPROVED between Montgomery County and
Chaparral Library, Inc. dba Chaparral Genealogical Society, previously awarded
pending Lease Agreement in Commissioners Court on 04/21/14 – County
Attorney/Precinct 2.
D10.
NAME CHANGE ACCEPTED of BNB Envirotech, Inc. to Triple B Ag, LLC
effective May 20, 2014.
Session of June 2, 2014
Page 5 of 17
RISK MANAGEMENT – AGENDA ITEM 8E1
E1.
CHANGES, ADDITIONS AND RELEASES APPROVED for the following:
BOND
NAME/DEPT
61702353
13749843
24774744
Hanks, Bryan/Const PCT 5
Wood, Richard Jr/Const PCT 1
Rutherford, Dustin/Const PCT 1
AMOUNT ACTION
$5,000
5,000
5,000
Reserve/Cont Cert
Reserve/Cont Cert
Reserve/Cont Cert
COMMISSIONERS – AGENDA ITEMS 8F1-2
F1.
F2.
PRECINCT 4
a.
USE AGREEMENT APPROVED with Highpoint Fellowship Church to
use the football fields at Tram Road Park for a Kickball Tournament on
Saturday, June 7, 2014.
b.
USE AGREEMENT APPROVED with East Montgomery County Sports
Association to use the Football Fields at Bull Sallas Park from 06/01/14
through 12/31/14.
PRECINCTS 2 and 4
a.
ANNUAL FINANCIAL REPORT ACCEPTED from the Emergency
Services District #4 for the year ended September 30, 2013.
COMMISSIONERS – COUNTY ENGINEER – AGENDA ITEMS 8G1-4
G1.
PRECINCT 1
a.
G2.
REQUEST APPROVED for Mid-South Synergy to place a power line
within the right of way of North Mount Mariah Road.
PRECINCT 2
a.
FINAL PLAT APPROVED for The Fountains at Jacobs Reserve, Section
1 (Amending Plat No. 1); 12.234 Acres, A.W. Springer Survey, A-490.
b.
STREETS ACCEPTED at Crown Ranch, Section 1, having completed one
year maintenance period and bond released. Streets are private and will
not be maintained by Montgomery County.
c.
STREETS ACCEPTED at Crown Ranch, Section 1A, having completed
one year maintenance period and bond released. Streets are private and
will not be maintained by Montgomery County.
d.
STREETS APPROVED INTO THE COUNTY ROAD MAINTENANCE
SYSTEM at Old Kentucky Farms, Section 1, total length of roads
7,622.37 linear feet = 1.44 miles, effective June 2, 2014.
e.
STREETS APPROVED INTO THE COUNTY ROAD MAINTENANCE
SYSTEM at The Fountains at Jacobs Reserve, Section 1, total length of
roads 2,226.91 linear feet = 0.42 miles, effective June 2, 2014.
f.
PUBLIC HEARING DATE APPROVED for July 14, 2014 to establish
multi-way stop control at the intersection of Woodforest Parkway and Elk
Trace Drive/Overland Trace Drive, as per request on file.
g.
REQUEST APPROVED for LDC, llc to place a 2” Natural Gas Line
within the right of way of Keenan Cut Off Road.
Session of June 2, 2014
Page 6 of 17
h.
G3.
G4.
REQUEST APPROVED for MSEC Enterprises, Inc. to place an 8” PVC
Water with 14” Steel Encasement Line within the right of way of Fish
Creek Thoroughfare.
PRECINCT 3
a.
STREETS APPROVED INTO THE COUNTY ROAD MAINTENANCE
SYSTEM at Falls at Imperial Oak, Section 9, total length of roads
4,876.44 linear feet = 0.93 miles, effective June 2, 2014.
b.
PUBLIC HEARING DATE APPROVED for July 14, 2014 to establish
multi-way stop control at the intersection of Hanna Road at Robinson
Road, as per request on file.
c.
REQUEST APPROVED for Alpheus Communication, LLC to place a
fiber optic line within the right of way of Woodlands Parkway.
d.
REQUEST APPROVED for TW Telecom to place a buried HDPE
innerduct and fiber line within the right of way of Timberloch Place.
PRECINCT 4
a.
FINAL PLAT APPROVED for Collins Tract; 7.9855 Acres; A. J. McShan
Survey; A-698.
b.
REQUEST APPROVED for Phonoscope Enterprises Group to place a
fiber optic cable line within the right of way of Woodridge Parkway.
c.
REQUEST APPROVED for Porter S.U.D. to place a 16” water line within
the right of way of Valley Ranch Parkway.
ENVIRONMENTAL HEALTH – AGENDA ITEMS 8H1-2
H1.
VARIANCE REQUEST APPROVED to install an aerobic on-site system in the
100-year floodplain located at 28306 Red Fox Lane, Pinehurst, Texas 77362.
H2.
REQUEST APPROVED for the Order To Vacate Order Assessing Cost of
Abating Nuisance to be filed in Real Property records to recover cost to the
County for demolition of a public nuisance at the location of Lot 44, Block 2,
Sycamore Hill. This Lot was attached to the Lien in error.
COUNTY JUDGE – AGENDA ITEM 8I1
I1.
CORRECTION APPROVED to Motion 3 for May 19, 2014 Resolution for
Montgomery County United Way Volunteer Appreciation Day 2014. It reads
Signed this 22nd day of May, 2014. It should read Signed this 19th day of May,
2014.
INFRASTRUCTURE – AGENDA ITEM 8J1
J1.
CERTIFICATE OF SUBSTANTIAL COMPLETION DOCUMENT AND
PUNCH LIST APPROVED from Joseph M. Santopetro, Architect for the
Montgomery County Jail additions project. [NOTE: At the end of this Court
session, this item was deferred. See Motion 46.]
DISTRICT CLERK – AGENDA ITEM 8K1
K1.
DEPUTATION APPROVED of District Clerk’s employee, Jennifer Carlton.
Session of June 2, 2014
Page 7 of 17
COUNTY CLERK – AGENDA ITEMS 8L1-2
L1.
TRANSFER APPROVED of $10,000.00 from the County Clerk’s Records
Management Fund to line item 40311-7419 (Professional Services). This will
fund additional microfilm conversion of County Clerk Records for Fiscal Year
2014.
L2.
DEPUTATION APPROVED of County Clerk’s employee Ashley Langston
McMullen.
Motion carried.
END OF CONSENT AGENDA
4.
Motion by Commissioner Meador, seconded by Commissioner Doyal, to defer Agenda
Item 8D4b which was moved from Consent to Open. Motion carried. [Note: This item
was reinstated later during this Court session. See Motion 46.]
5.
RESOLUTION APPROVED – MCECD 911 BUDGET – COUNTY JUDGE
Motion by Commission Meador, seconded by Commissioner Doyal, to approve the
Resolution approving the Montgomery County Emergency Communication District’s 911
proposed budget for Fiscal Year 2015. Motion carried.
6.
REQUEST APPROVED – HOURS/PAY FOR PART-TIME POSITIONS – JUSTICE
OF THE PEACE PRECINCT 1
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve
increasing the hours and pay for the current part-time positions (3972-500 and 3972-501)
from 34 hours bi-weekly to 58 hours bi-weekly and add two additional part-time positions
(58 hours bi-weekly) effective June 7, 2014. Motion carried.
COMMISSIONERS COURT IS RECESSED FOR PUBLIC HEARINGS ON THE
FOLLOWING:
AGENDA ITEM 11A: CONDUCT A PUBLIC HEARING ON FILING THE
APPLICATION FOR THE EDWARD BYRNE MEMORIAL JUSTICE
GRANT (JAG) PROGRAM, FY 2014 LOCAL SOLICITATION THROUGH
THE U.S. DEPARTMENT OF JUSTICE, PURSUANT TO PUBLIC
HEARING NOTICE PUBLISHED MAY 29, 2014.
GRANT TITLED: PORTABLE LED INFORMATION/WARNING SIGNS
PROJECT
IN THE AMOUNT OF $56,030.00
NO MATCHING FUNDS REQUIRED.
NO COMMENTS FROM THE PUBLIC.
7.
Motion by Judge Sadler, seconded by Commissioner Meador, to reconvene Commissioner
Court. Motion carried.
COMMISSIONERS COURT IS RECONVENED.
8.
REQUEST APPROVED – FILING GRANT APPLICATION – SHERIFF
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve filing the
Grant Application for the Edward Byrne Memorial Justice Assistance Grant (JAG) Fiscal
Year 2014 and authorize Lt. Brady Fitzgerald to submit the Grant Application on behalf of
the jurisdiction electronically. Motion carried.
Session of June 2, 2014
Page 8 of 17
9.
REQUEST APPROVED – FIREHOUSE SUBS GRANT APPLICATION – SHERIFF
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve the
Grant Application to Firehouse Subs in the amount of $19,827.50 for SONS Trauma Kits
for first responders. No County match is required. Motion carried.
10.
FUNDING APPROVED – SURVEY OF CUSTOMS/BORDER PROTECTION
FACILITY – LONE STAR EXECUTIVE AIRPORT
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve funding
a survey of the proposed U.S. Customs and Border Protection Facility Parcel. Funding
source to be Airport Pre-Paid Lease Revenue, budget line item 629142.7501. Motion
carried.
11.
FUNDING APPROVED – MAIN AIRPORT DIRECTOR SIGN – LONE STAR
EXECUTIVE AIRPORT
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve funding
the refurbishment and relocation of the main airport directory sign by Artech Signs and
Lighting at a cost of $9,579.70. Funding from budget 6291-7598. Motion carried.
12.
REQUEST APPROVED – TRANSFER OF FUNDS – LIBRARY
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve the
transfer of $12,500.00 from 65117-7591 to 65117-7395. Motion carried.
13.
REQUEST APPROVED – FUNDING SOURCE – JUSTICE OF THE PEACE
PRECINCT 1
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve the
funding source in Motion 6 (for increased hours and pay for the current part-time
positions and adding two additional part-time positions) to be Contingency. Motion
carried.
14.
REQUEST APPROVED – SOFTWARE SUPPORT – AUDITOR
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve a
request by County Court at Law 3 to use $595.00 from the Court Report Service Fund to
purchase Advantage Software Technical Support Agreement, to aid their Court Reporter
in reporting daily courtroom activity. Motion carried.
15.
REQUESTS APPROVED – REIMBURSEMENTS – AUDITOR
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve
requests by County Court at Law 3 to be reimbursed by the Court Reporter Service Fund
for expenses incurred at the Texas Court Reporter’s Annual Convention as follows:
•
$1,021.96 for attendance of Kimberly Holzwarth.
•
$1,031.49 for attendance of Nancy Eleby.
Motion carried.
16.
REQUEST APPROVED – REIMBURSEMENT – Auditor
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve
requests by 284th District Court to be reimbursed from the Court Reporter Service Fund
in the amount of $323.22 for expenses incurred by Kenneth Cramer during attendance at
the StenoCat Users Network Spring 2014 Seminar/Convention. Motion carried.
Session of June 2, 2014
Page 9 of 17
17.
REPORT APPROVED – HURRICANE IKE GRANT ACTIVITY – AUDITOR
Motion by Commissioner Doyal, seconded by Commissioner Meador, to approve the
final report for Hurricane Ike Grant No. DR-1791-TX. Motion carried.
18.
REPORT ACCEPTED – INMATE PHONE REVENUE – AUDITOR
Motion by Commissioner Meador, seconded by Commissioner Doyal, to accept the
Report of Inmate Phone Revenue. Motion carried.
19.
REQUESTS APPROVED – REIMBURSEMENTS/PURCHASE – AUDITOR
Motion by Judge Sadler, seconded by Commissioner Meador, to approve the requests
from Justice of the Peace Precinct 1 to be funded from the Justice of the Peace
Technology Fund for the following:
•
$600.00 reimbursement for six employees to attend seminars.
•
$405.00 for three Acer Monitor 22” Wide Screens at $135.00 each.
Motion carried.
20.
REQUEST APPROVED – COMPUTER PURCHASE – AUDITOR
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve the
purchase of Dell Computer System (2) with accessories, in the amount of $3,050.67 to be
funded by the Justice of the Peace Technology Fund. Motion carried.
21.
REQUEST APPROVED – PAYMENT TO THE JOINT COMMISSION - AUDITOR
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve
payment of the invoice from The Joint Commission, in the amount of $14,200.00 for fees
for accreditation/certification survey as required by the Agreement between Montgomery
County and the Texas Department of State Health Services (Section I, A-2; approved by
Commissioners Court on August 26, 2013, Motion 22). Motion carried.
22.
CONTRACT AWARDED – AUTOMATED TELLER MACHINES – VARIOUS
DEPARTMENTS
Motion by Commissioner Meador, seconded by Commissioner Doyal, to award a
contract to Woodforest National Bank for RFP/Q Automated Teller Machines (Project
2014-0027). Motion carried.
23.
CONTRACT AWARDED – INTERSECTION IMPROVEMENTS – PRECINCT 4
Motion by Commissioner Meador, seconded by Commissioner Doyal, to award a
contract to Third Coast Services, LLC for intersection improvements for FM 1314 and
Timberland Boulevard (Project 2014-0051), in the amount of $161,572.95. Motion
carried.
24.
CONTRACT AWARDED – CONSTRUCTION VALLEY RANCH PARKWAY –
PRECINCT 4
Motion by Commissioner Meador, seconded by Commissioner Doyal, to award a
contract to Aranda Brothers Construction, Inc., for construction for Valley Ranch
Parkway at Grand Parkway and White Oak Creek (Project 2014-0052), in the amount of
$2,250,779.27. Motion carried.
Session of June 2, 2014
Page 10 of 17
25.
CONTRACT AWARDED – INTERSECTION IMPROVEMENTS – PRECINCT 3
Motion by Commissioner Meador, seconded by Commissioner Doyal, to award a
contract to Lexton Construction, LLC for Woodlands intersection improvements (Project
2014-0054), in the amount of $647,022.50. Motion carried.
26.
DISCRETIONARY EXEMPTION APPROVED – GLOBAL SECURITY SYSTEMS –
EMERGENCY MANAGEMENT
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve the
discretionary exemption for Global Security Systems, LLC for voice and text based
emergency notification system through DIR Contract #DIR-SDD-2201 in the amount of
$404,229.00. To be funded by the 2013 UASI Grant. §271.083(b). Motion carried.
27.
PURCHASE APPROVED – EXCAVATOR – PRECINCT 1
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve the
purchase of one Gradall XL 3100 IV truck mounted excavator from Associated Supply
Company in the amount of $288,293.60 through the Interlocal Agreement with HGAC
Contract #EM06-13. Motion carried.
28.
PURCHASE APPROVED – DUMP TRUCK – PRECINCT 3
Motion by Judge Sadler, seconded by Commissioner Doyal, to approve the purchase of
one 2015 Freightliner dump truck from Houston Freightliner, Inc. in the amount of
$104,258.00 through the Interlocal Agreement with HGAC Contract #HT11-12 . Motion
carried.
29.
RESOLUTION AND ORDER APPROVED – OCCUPANCY OF BUILDING SPACE –
COUNTY ATTORNEY
Motion by Commissioner Doyal, seconded by Commissioner Meador, to approve
Resolution and Order approving Occupancy Agreement between Montgomery County
and Dr. Karimjee for lease of County building space to be used as low income medical
clinic in Magnolia. Motion carried.
30.
AMENDMENT APPROVED – LAKEWOOD FAMILY PRACTICE – COUNTY
ATTORNEY
Motion by Commissioner Doyal, seconded by Commissioner Meador, to approve
Amendment to Occupancy Agreement For The East Montgomery County Community
Development Center between Montgomery County, Texas and Lakewood Family
Practice and/or Dr. N.K. Karimjee, M.D. Motion carried.
31.
RESOLUTION AND ORDER APPROVED – FILING EXTENSION – COUNTY
ATTORNEY
Motion by Commissioner Doyal, seconded by Commissioner Meador, to approve
Resolution and Order granting request by ESD #10 for a 30-day extension for filing of
the 2013 District Audit Report. Motion carried.
32.
MINUTES ACCEPTED – MCMHTF ADVISORY BOARD – COUNTY ATTORNEY
Motion by Commissioner Meador, seconded by Commissioner Doyal, to accept the
Minutes of April 15, 2014 Montgomery County Mental Health Advisory Board Meeting.
Motion carried.
Session of June 2, 2014
Page 11 of 17
33.
REPORT ACCEPTED – MCMHTF PERFORMANCE INDICATOR – COUNTY
ATTORNEY
Motion by Commissioner Meador, seconded by Commissioner Doyal, to accept the
Monthly Performance Indicator Report for the month of April 2014, recommended by the
Montgomery County Mental Health Treatment Facility Advisory Board. Motion carried.
34.
REQUEST APPROVED – APPOINTMENTS/PRIVILEGING – COUNTY ATTORNEY
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve the
Appointment and privileging of physician Dr. Barbara Moore, (Psychiatrist) and Dr. Jerry
Weathers, (Psychiatrist), provisional status. The Medical Executive Committee has
reviewed their qualifications, licensure, education, training, current competency,
professionalism, and health status. Motion carried.
35.
REQUESTS APPROVED – REVISED/REVIEWED POLICIES – COUNTY ATTORNEY
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve eight
revised or reviewed policies as a part of the Management Plan that is recommended by
the Montgomery County Mental Health Treatment Facility Advisory Board:
•
•
•
•
•
•
•
•
Discrimination and Civil Rights (V.3)
Employee Conflict Resolution (V.2)
Fire Response Plan (V.3)
High Alert Medication (V.4)
Interpretation Services (V.3)
Medication Reconciliation (V.4)
Patient Accountability Checks (V.3)
Restrictions, Precautions, and Monitoring Patients of Different Levels of Care
(V.3)
Motion carried.
36.
REVISION APPROVED – MEDICAL STAFF BYLAWS – COUNTY ATTORNEY
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve revised
Medical Staff Bylaws with a change of Article 10.5.2 to reflect changes related to disaster
privileges in accordance with the Management Plan. Motion carried.
37.
REQUESTS APPROVED – REVISED/REVIEWED ENVIRONMENT OF CARE
PLANS – COUNTY ATTORNEY
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve seven
revised and reviewed Environment of Care Plans as recommended by the Montgomery
County Mental Health Treatment Facility Advisory Board:
•
•
•
•
•
•
•
Emergency Operations Plan
Safety Management Plan
Security Management Plan
Hazardous Material and Waste Management Plan
Fire Safety Management Plan
Medical Equipment Management Plan
Utilities Management Plan
Motion carried.
Session of June 2, 2014
Page 12 of 17
38.
REQUEST APPROVED – ORDER TO CLOSE PORTION OF PORTER ROAD –
COUNTY ATTORNEY – REAL PROPERTY – PRECINCT 1
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve Order
Closing, Abandoning, and Vacating A Portion Of Porter Road Right-Of-Way, located in
Jacob Shannon Survey Abstract 35. Motion carried.
39.
REQUESTS APPROVED – PARTIAL ASSIGNMENTS OF LAND LEASES –
COUNTY ATTORNEY – REAL PROPERTY – AIRPORT
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve Partial
Assignment of Lease Agreement with Consent of Lessor Lone Star Executive Airport
between Montgomery County, Texas and:
•
•
David Christy to Thomas Hammer for 3.593 acres of land located at the Lone Star
Executive Airport.
David Christy to Jose Lopezdelpuerto for 3.593 acres of land located at the Lone
Star Executive Airport.
Amy Dunham from the County Attorney’s office stated that the acreage is incorrect, it is
not 3.593 acres, but .033 acres.
Motion carried.
COMMISSIONERS COURT IS RECESSED FOR PUBLIC HEARINGS ON THE
FOLLOWING:
AGENDA ITEM 19A1:
PRECINCT 1
CONSIDER AND APPROVE CHANGING THE NAME OF SILVER CITY
LOOP TO MILLER MEMORIAL CHURCH LANE, KEY MAP 126Y. THE
LOOP TURNS OFF OF LITTLE EGYPT AND LOOPS AROUND
LONGMIRE.
NO COMMENTS FROM THE PUBLIC.
AGENDA ITEM 19B1:
PRECINCT 3
CONSIDER AND APPROVE ESTABLISHING A “LOAD ZONE” ON THE
EAST SIDE OF WATERWAY AVENUE, SOUTH OF LAKE ROBBINS, PER
REQUEST ON FILE.
NO COMMENTS FROM THE PUBLIC.
COMMISSIONERS COURT IS RECONVENED.
40.
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve the
following:
•
•
Changing the name of Silver City Loop to Miller Memorial Church Lane.
Establishing a “Load Zone” on the east side of Waterway Avenue, south of Lake
Robbins.
Motion carried.
Session of June 2, 2014
Page 13 of 17
41.
AMENDMENT
PRECINCT 1
APPROVED
–
LEASE
AGREEMENT
–
COMMISSIONER
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve Second
Amendment to Lease Agreement with Montgomery County Fair Association, dated
March 12, 2001. Motion carried.
42.
REQUESTS APPROVED – CHANGE
COMMISSIONER PRECINCT 3
POSITION/TRANSFER
FUNDS
–
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve the
following:
a.
b.
c.
d.
Close position 61480-8316-1 and open position 61480-8550-1.
existing budgeted salary to the new position.
Transfer $1,116.28 from 614-4213-501 to 614-3201-1.
Transfer $9,875.02 from 614-4229-1 to 614-8550-1.
Transfer $5,993.91 from 614-4229-1 to 614-8557-1.
Transfer the
Motion carried.
JUDGE SADLER ACKNOWLEDGED THE PRESENCE OF FORMER COMMISSIONER
PRECINCT 3 ED CHANCE AND FORMER CHIEF OF STAFF OF THE COUNTY JUDGE’S
OFFICE ANN CARR.
COMMISSIONER MEADOR ACKNOWLEDGED THE PRESENCE OF HIS WIFE, JANIE
MEADOR.
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 21A: CONSIDER AND DISCUSS
RESOLUTION AND ORDER AUTHORIZING COUNTY ATTORNEY TO
INVESTIGATE, PROSECUTE, SETTLE AND RELEASE AS NECESSARY
AND APPROPRIATE, CLAIMS UNDER CLAIM NO. U-13-0048;
MONTGOMERY COUNTY, TEXAS AGAINST MARC ANTHONY MCNEIL.
EXECUTIVE SESSION – AGENDA ITEM 21B: CONSIDER AND DISCUSS
CAUSE NO. 12-08-09241; CLAIM NO. A-10-0032 JUAN DAVID PINEDA V.
KENNETH RAY HOUSE, MONTGOMERY COUNTY, TEXAS AND
MONTGOMERY COUNTY, PRECINCT 4 IN THE DISTRICT COURT;
MONTGOMERY COUNTY, TEXAS; 359TH JUDICIAL DISTRICT.
EXECUTIVE SESSION – AGENDA ITEM 21C: CONSIDER AND DISCUSS
CAUSE NO. 4:13-CV-02789; CLAIM NO. C130090; STYLED TEXCOM
GULF DISPOSAL, LLC V. MONTGOMERY COUNTY, ET AL; IN THE
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF
TEXAS, HOUSTON DIVISION.
EXECUTIVE SESSION – AGENDA ITEM 21D: CONSIDER AND DISCUSS
MONTGOMERY COUNTY, TEXAS VS. EMERSON LAND COMPANY AND
TRAVELERS INDEMNITY COMPANY, SUCCESSOR IN INTEREST TO
GULF INSURANCE COMPANY.
EXECUTIVE SESSION – AGENDA ITEM 21E: CONSIDER AND DISCUSS
CLAIMS RELATED TO SUBROGATION MEDICAL PLAN PY 2012-010624A.
COMMISSIONERS COURT RECONVENED.
Session of June 2, 2014
Page 14 of 17
43.
RESOLUTION AND ORDER APPROVED – JUAN DAVID PINEDA VS.
MONTGOMERY COUNTY
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve the
Resolution and Order on the settlement reached in connection with Claim No. A-100032, a lawsuit styled Juan David Pineda v. Montgomery County, Texas, hereby
approving the Mediated Settlement Agreement and authorizing the county Auditor to
issue check(s) in the amount of $50,000.00 in accordance with the Mediated Settlement
Agreement, with funding from Montgomery County Precinct 4, from budget line 61576573. Motion carried.
44.
RESOLUTION AND ORDER APPROVED – SUBROGATION MEDICAL PLAN PY
2012-010624-A
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve the
Resolution and Order hereby agreeing to allow the Director of Risk Management to
provide a letter accepting the proposed settlement of claim number PY 2012-010624-A,
and to accept $7,239.57 for settlement of its Subrogation lien in exchange for a full and
final release of all parties. The Funds are to be deposited into the Montgomery County
Employee Benefit Plan Trust Account. Motion carried.
CITIZEN – AGENDA ITEM 26:
A woman who did not identify herself inquired about larger flags on the Courthouse.
Bill O’Sullivan conveyed congratulations to Commissioner Doyal. Expressed concern
regarding the newspaper postings pertaining to Commissioner Noack. And suggested that
the money from the sale of the Joe Corley Facility should be used for building of a new
jail instead of borrowing money twice.
Walter Boyd conveyed congratulations to Commissioner Doyal and feels that our “Open
Meeting” format is flawed and that we’re going to have to address rules for public
prayers.
Chief McDaniel acknowledged the exceptional job done by the office of Emergency
Management, Nicky Kelly, the Auditor’s office and Linda Breazeale in the recovery of
$24,381,921.85 of the $25,000,000.00 that was spent on Hurricane Ike.
45.
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 Animal Control to revise leave anniversary date of Christina Fauver, Clerk I,
to October 5, 2009, effective May 24, 2014.
Request of Custodial to place Louis Alcoser, Jr., Custodian, on payroll as replacement for
John Stowe, effective May 19, 2014.
Request of Custodial to place Jessica Hinojosa, Custodian I, on payroll as replacement
for Yolanda Pena, effective May 27, 2014.
Request of Custodial to increase salary of Yolanda Pena, Custodian I, due to status
change as replacement for Patricia Caldwell, effective May 27, 2014.
Request of Custodial to place Veronica Stubblefield, Custodian, on payroll as
replacement for Amado Alaniz, effective May 19, 2014.
Request of County Court at Law 2 to placed Amber Park, Assistant Court Coordinator,
on Unpaid FMLA/Disability Leave, effective May 27, 2014.
Session of June 2, 2014
Page 15 of 17
Request of Commissioner Precinct 3 to increase salary of Deborah Arrazate,
Administrative Manager I, due to promoted as replacement for Jeanie Stewart, effective
June 2, 2014.
Request of Commissioner Precinct 3 to place Daniel Harrell, Operator I, on payroll as
replacement for Thomas Doll, effective May 27, 2014.
Request of Commissioner Precinct 3 to increase salary of Daniel Howell, Signal
Technician I, due to promoted as replacement for James Lord, effective June 2, 2014.
Request of Constable Precinct 3 to increase salary of Mitchell Dreyer, Corporal –
Constable, due to STEP increase, effective June 14, 2014.
Request of Constable Precinct 3 to increase salary of Steven Sprague, Deputy –
Constable, due to STEP increase, effective November 23, 2013.
Request of Constable Precinct 3 to increase salary of Brad Kennelly, Deputy – Constable,
due to STEP increase, effective June 14, 2013.
Request of County Clerk to place Peggy Fitzpatrick, Clerk II, on payroll effective June 2,
2014.
Request of District Clerk to increase salary of Hollie Green, Court Clerk II, to bring to
minimum salary grade, effective June 3, 2014.
Request of Elections to increase salary of Cherry Fessenden, Voter Clerk, due to
increased responsibilities, effective June 2, 2014.
Request of Elections to increase salary of Dorlene Gideon, Voter Clerk, due to increased
responsibilities, effective June 2, 2014.
Request of Elections to increase salary of Melva Linton, Voter Clerk, due to increased
responsibilities, effective June 2, 2014.
Request of Elections to increase salary of Karen Mahle, Voter Clerk, due to increased
responsibilities, effective June 2, 2014.
Request of Elections to increase salary of Margarita Martinez, Voter Clerk, due to
increased responsibilities, effective June 2, 2014.
Request of Elections to increase salary of Wanda Matthews, Voter Clerk, due to
increased responsibilities, effective June 2, 2014.
Request of Elections to increase salary of Mary Muirhead, Voter Clerk, due to increased
responsibilities, effective June 2, 2014.
Request of Elections to increase salary of Desi Pesina, Voter Clerk, due to increased
responsibilities, effective June 2, 2014.
Request of Elections to increase salary of Iva Phillips, Voter Clerk, due to increased
responsibilities, effective June 2, 2014.
Request of Elections to increase salary of Dorothy Woodall, Voter Clerk, due to
increased responsibilities, effective June 2, 2014.
Request of Environmental to change title of Phil Jones, Manager – Permits, due to job reevaluation, effective May 5, 2014.
Request of Library to accept resignation of David Eames, Branch Manager – Library,
effective June 3, 2014. [192.60 hours or balance vacation.]
Session of June 2, 2014
Page 16 of 17
Request of Library to remove Sharon Eide, Library Assistant II, from payroll due to
retirement, effective May 31, 2014. [No benefits due.]
Request of Library to accept resignation of Barbara Paul, Shelving Clerk I, effective May
23, 2014. [No benefits due.]
Request of Managed Assigned Counsel to place Andra Symmonds, Case Worker/MAC,
on payroll as replacement for Meagan Elzner, effective June 2, 2014.
Request of Sheriff to accept resignation of Joseph Akin, Officer – Civilian Detention,
effective May 25, 2014. [54.53 hours or balance vacation; 157.63 hours or balance
compensatory; 47.00 hours or balance holiday]
Request of Sheriff to place Kyle Campos, Officer – Civilian Detention, on payroll as
replacement for Monique Sandoval, effective May 31, 2014.
Request of Sheriff to transfer Terry Davis, Deputy – Patrol, as replacement for Lawrence
Rex, effective May 24, 2014.
Request of Sheriff to place Ross Eckhart, Officer – Civilian Detention, on payroll as
replacement for Lauren Homeyer, effective May 31, 2014.
Request of Sheriff to transfer Joshua Hunter, Deputy – Patrol, as replacement for Max
Toliver, Jr., effective May 24, 2014.
Request of Sheriff to increase salary of Daniel Pena, Deputy – SWAT, due to STEP
increase, effective March 1, 2014.
Request of Sheriff to accept resignation of Roman Ramos, Officer – Civilian Detention,
effective May 21, 2014. [86.20 hours or balance vacation; 214.50 hours or balance
compensatory; 22.00 hours or balance holiday.]
Request of Sheriff to increase salary of Christopher Roberts, Deputy – SWAT, due to
transfer as replacement for Philip Schumpe, effective May 10, 2014.
Request of Sheriff to place Trevor Stone, Officer – Civilian Detention, on payroll as
replacement for Richard Carpenter, effective May 17, 2014.
Request of Sheriff to accept resignation of Matthew Sweeney, Deputy – Detention,
effective May 20, 2014. [202.20 hours or balance vacation; 478.44 hours or balance
compensatory; 12.00 hours or balance holiday.]
Request of Tax Assessor/Collector to accept resignation of Travis Lucas, Deputy
Specialist II, effective May 30, 2014. [89.40 hours or balance vacation.]
Request of Commissioner Precinct 1 to place John Seigle, Seasonal Worker, on payroll as
replacement for Aaron Hodges, effective May 24, 2014.
Request of Commissioner Precinct 3 to accept resignation of Tammy Lee, Recycle
Technician, effective May 23, 2014. [75.94 hours vacation.]
Request of Commissioner Precinct 3 to promote Jeanie Stewart, Administrative Manager
I, into new position, effective June 2, 2014.
Request of Juvenile to increase salary of Amy Morley, Assistant Supervisor- Juvenile
Probation, due to promotion into new position, effective May 24, 2014.
Request of Library to place Melanie Chamberlain, Library Assistant II, on payroll as
replacement for Carol McAnally, effective May 28, 2014.
Session of June 2, 2014
Page 17 of 17
Request of Library to increase salary of Jean Kernan, Library Assistant II, due to location
change/replacement for Patricia Nichols, effective May 28, 2014.
Request of Library to place Jacquelyn Leonardi, Library Assistant II, on payroll as
replacement for Jean Kernan, effective May 28, 2014.
Request of Library to change status of Casey Randolph, Library Assistant II, to new
position, effective May 31, 2014.
Motion carried.
46.
Chief McDaniel brought back Agenda item 8J1 as it should not have been deferred earlier
in this session. Motion by Commissioner Meador, seconded by Commissioner Doyal to:
a.
Approve Agenda item 8D4b Change Order #3 (P.O. 2012550) to DIAMOND
COMMERCIAL CONSTRUCTION, INC. for Montgomery County Jail additions for
changes as per documents on file – Infrastructure; and
b.
Defer Agenda item 8J1 the Certificate of Substantial Completion Document and
the Punch List from Joseph M. Santopetro, Architect for the Montgomery County
Jail additions project.
Motion carried.
47.
COURT ADJOURNS
Motion by Commissioner Meador, 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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