October 20, 2014

October 20, 2014

COMMISSIONERS COURT MINUTES

OCTOBER 20, 2014

REGULAR SESSION

THE STATE OF TEXAS

COUNTY OF MONTGOMERY

BE IT REMEMBERED that on this the 20 th

day of October, 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

Commissioner, Precinct 3

Commissioner, Precinct 4

Also County Clerk’s Office

INVOCATION given by Jerilynn Williams.

Alan B. Sadler

Mike Meador

Craig Doyal

James Noack

Ed Rinehart

Francine Nichols

PLEDGE OF ALLEGIANCE to the United States flag recited.

PLEDGE OF ALLEGIANCE to the Texas state flag recited.

1. COMMISSIONERS COURT AGENDA APPROVED – COUNTY JUDGE

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

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

MINUTES APPROVED – COUNTY CLERK 2.

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

Minutes from Regular Sessions of Commissioners Court dated September 29, 2014 and

October 6, 2014. Motion carried.

3. CONSENT AGENDA – AGENDA ITEMS 8A-K

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

Consent Agenda, as follows:

COUNTY AUDITOR – AGENDA ITEMS 8A1-7

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

A2. BUDGET AMENDMENTS FY14 APPROVED: a. Various: To fund amounts for STEP eligible departments that were budgeted in Non-Departmental. b. 284 th

District Court: To adjust line items. c. Commissioner Precinct 1: Additional funding for two positions as approved

M28/09.29.14. d. Commissioner Precinct 3: To adjust line items and allocate revenue. e. Constable Precinct 1: To recognize and allocate revenue – FY14. f. Constable Precinct 3: To adjust line items. g. Constable Precinct 4: To adjust line items.

Session of October 20, 2014

Page 2 of 17 h. Constable Precinct 5: To adjust line items. i. j.

County Auditor: To adjust line item.

County Engineer: M24/05.04.09 – On call transportation services. k. County Extension: Recognize and allocate revenues – FY14. l. Court Collections: To adjust line items. m. Court Reporter Service Fund: To recognize and allocate revenue. n. District Attorney: To adjust line items. o. Elections: To adjust line items. p. Information Technology: To adjust line items. q. Justice of Peace Precinct 4: To allocate donation. r. Montgomery County Community Development: To adjust line items. s. t.

Memorial – Library: To allocate revenue.

Office of Court Administration: To adjust line items. u. Sheriff – Auto Theft/Year21: To carryover program income.

A3. BUDGET AMENDMENTS FY15 APPROVED: a. Various: To adjust line items and fund additional library books. b. Adult Probation – 5722: FY Budget 15. c. Commissioner Precinct 1: To fund new position 612.3203.10 as approved

M29/09.29.14. d. Commissioner Precinct 2: To adjust line items. e. f.

Commissioner Precinct 3: To adjust line items, increase Budgeted Salary

(M12/10.06.14) and (M14/10.06.14), and fund new positions

(M13/10.06.14).

Commissioner Precinct 4: To adjust line items. g. Constable Precinct 2: Recognize and allocate revenues – FY15. h. Constable Precinct 3: To transfer funds for vehicle for Constable 3 that was approved during FY2015 budget workshops but purchased in FY2014. i. Constable Precinct 5: To recognize and allocate revenue – FY15. j. County Engineer: M24/05.04.09 – On call transportation services. k. County Judge: To transfer funds for Economic Development to the direction of the County Judge. l. District Attorney: To adjust line items. m. District Attorney/Domestic Violence Grant FY15: To adjust budget to include Matching Funds that were budgeted in FY15. n. District Attorney No Refusal Grant: To recognize and allocate Search

Warrants Stop Drunk Drivers Grant FY15 as awarded by TxDOT

(M7/07.14.14). o. Emergency Management – Homeland Security Grant PRG14 – LETPA: To recognize and allocate Homeland Security Grant 2014 (UASI LETPA)

(M9/09.29.14). p. Extension Agents: To correct budget for Extension Agents that was incorrectly calculated. q. Justice of the Peace Technology Fund: To recognize and allocate revenue for Justice of the Peace Technology Fund as authorized by Commissioners

Court (M22/09.29.14).

Session of October 20, 2014

Page 3 of 17 r. s.

Justice of the Peace Precinct 5: To purchase printer as approved

M14/09.03.14.

Montgomery County Community Development: To adjust line items. t. Purchasing: To transfer funds for the Energy Assistant as approved in

Budget Workshop on 07.30.14. u. Sheriff – Auto Theft/YR21: To set up match portion of FY15 Auto Theft

Year 21 Grant (M#7/07.28.14). v. Sheriff Commissary Staff: To transfer funds for staff for the Sheriff commissary for FY 2015. w. Sheriff/JAG: To set-up JAG FY14 Local Solicitation Grant from USDOJ

(M8/08.26.13). x. Sheriff/Jail: To adjust line items. y. Sheriff – STEP Speed FY15: To recognize and allocate Speed Step Grant

FY15 as awarded by TxDOT (M6/07.14.14).

A4.

REPORT OF OFFICIALS’ FEES ACCEPTED as audited for July, 2014.

A5.

REPORT OF OFFICIALS’ FEES ACCEPTED as audited for August, 2014.

A6. REPORT OF CASH COUNT AND DEPOSIT FINDINGS ACCEPTED for

4Q2014.

A7. VISUAL INSPECTION OF CAPITAL ASSETS REPORT ACCEPTED for the

Quarter ended September 30, 2014.

TAX ASSESSOR/COLLECTOR – AGENDA ITEMS 8B1-2

B1. RIDER FOR CHANGE OF OBLIGEE ACCEPTED to Montgomery County Tax

Assessor/Collector effective September 18, 2014 to be attached to and form part of

Bond No. RSB2005529, Willis Business Inc. dba Willis Supermarket.

B2. CONTINUATION CERTIFICATE ACCEPTED of Surety Bond No.

RSB2005529 for Willis Business Inc. dba Willis Supermarket, in the amount of

$10,000.00.

PURCHASING – AGENDA ITEMS 8C1-11.

C1. ADVERTISING APPROVED: a. League Line Road Extension (Project 2015-0011) SH 75 to FM 1484 –

Precinct 1. b. Vehicle Transmission Rebuilds (Project 2015-0013) – Various

Departments.

C2. RENEWALS: a. P.O. 2014020 to O

ZARKA

N

ATURAL

S

PRING

W

ATER for drinking water and purification system, expires 10/31/14 – Various Departments. Note: Month to Month, effective October 31, 2014. b. c.

P.O. 2010225 to M

ASTERS

T

OUCH

C

OLLISION

R

EPAIR

S

PEC for automotive and heavy truck body repair service, expires 11/24/14 – Risk Management.

P.O. 2010226 to T

OMMY

S

P

AINT AND

B

ODY

, I

NC

.

for automotive and heavy truck body repair service, expires 11/24/14 – Risk Management.

Session of October 20, 2014

Page 4 of 17 d. e. f. g. h. i. j.

P.O. 2010227 to M

ILSTEAD

C

OLLISION

, LLC for automotive and heavy truck body repair service, expires 11/24/14 – Risk Management.

P.O. 2010228 to S

HOWCASE

A

UTO

P

AINT AND

B

ODY

S

HOP

for automotive and heavy truck body repair service, expires 11/24/14 – Risk Management.

P.O. 2013126 to T

YLER

T

ECHNOLOGIES for licensed software implementation and professional services, expires 12/16/14 – Various

Departments.

P.O. 2011158 to S

OUTHLAND

M

EDICAL

C

ORPORATION for forensic services medical and miscellaneous supplies, expires 12/19/14 – Various

Departments.

P.O. 2014631 to P

ANASONIC

S

YSTEMS

C

OMMUNICATIONS

C

OMPANY OF

N

ORTH

A

MERICA

for products and related supplies, expires 12/20/14 –

Various Departments.

P.O. 2014632 to P

ORTABLE

C

OMPUTER

S

YSTEM

, I

NC

. for products and related supplies, expires 12/20/14 – Various Departments.

P.O. 2014167 to T

EXAS

D

EPARTMENT OF

P

UBLIC

S

AFETY for the Interlocal

Agreement to implement the provisions of Texas Transportation Code

Chapter 706, expires 12/22/14 – Various Departments. k. l. m. P.O. 2013177 to D

ELL

M

ARKETING

, LP for products and related supplies, expires 01/09/15 – Various Departments. Note: changes per documents on file. n. o.

P.O. 2012149 to T

EXAS

L

ONE

S

TAR

P

AVEMENT

S

ERVICES

, I

NC

. for crack seal services, expires 01/23/15 – Various Precincts.

P.O. 2014175 to 1M

AGE

S

OFTWARE

, I

NC

.

for programming/technical resource services, expires 01/26/15 – Various Departments. p.

P.O. 2014168 to O

MNIBASE

S

ERVICES

, I

NC

. for the Interlocal Agreement for

Partnership to Assist with the implementation of the FTA program, expires

12/22/14 – Various Departments.

P.O. 2014133 to L

ENOVO

(U

NITED

S

TATES

), I

NC

. for products and related supplies, expires 12/28/14 – Various Departments. Note: Changes per documents on file. q.

P.O. 2014176 to D

ATAMATIX

, I

NC

.

for programming/technical resource services, expires 01/26/15 – Various Departments.

P.O. 2014177 to D

YNAMIC

C

OMPUTING

S

ERVICES

C

ORP

. for programming/technical resource services, expires 01/26/15 – Various

Departments. r. s. t.

P.O. 2014178 to A

RDENT

T

ECHNOLOGIES for programming/technical resource services, expires 01/26/15 – Various Departments.

P.O. 2014179 to R

ESOURCE

D

ATA

, I

NC

.

for programming/technical resource services, expires 01/26/15 – Various Departments.

P.O. 2011157 to N

OHUP

C

ORPORATION for remote administration of

IBM/AIX systems, expires 01/27/15 – Various Departments.

Session of October 20, 2014

Page 5 of 17

C3. CHANGE ORDERS: a. b.

Change Order #1 (P.O. 2014597) to R

EBEL

C

ONTRACTORS

, I

NC

. for Anders

Branch/Town Creek Drainage Improvements to remove/replace R.C.P. regrade/desilt existing roadside ditches, in the amount of $24,300.00 –

Montgomery County Community Development.

Change Order #1 (P.O. 2015047) to A

MERICAN

H

OMESTAR

C

ORPORATION for Single Family Housing Replacement Program for changes as follows: c.

Item Nos .008, .009, .011 and .012

Read: 1 Bath

Should Read: 2 Bath

Change Order #2 (P.O. 2014100) to S

TAR

T 3 dba M

R

.

T

RANSMISSION

for

Vehicle Transmission Rebuilds to cancel the Contract effective November

14, 2014.

C4. DISCRETIONARY EXEMPTIONS: a. Postmaster – Coppell, Texas for pre-paid postage for jury summons –

District Clerk. §262.024 (a)(7)(A). b. Trafficware Group, Inc. for traffic signal hardware and software pickup/delivery. §262.024 (a)(7)(A).

C5. ADDING ITEMS APPROVED to the October Online Auction – Various

Departments.

C6. UTILIZING CONTRACT APPROVED for HVAC equipment, supplies and installation of HVAC equipment from Carrier Corporation through the Interlocal

Agreement with BuyBoard Contract #458-14 – Various Departments.

C7. PURCHASE APPROVED for one Utility Vehicle from Kubota Tractor

Corporation through the Interlocal Agreement with H-GAC Contract #GR01-12 in the amount of $14,386.20 – Lone Star Executive Airport.

C8. UTILIZATION OF CONTRACT APPROVED for waterproofing/masonry restoration, cleaning and all other related services with Texas Liqua Tech Services,

Inc. through the Interlocal Agreement with Choice Partners, a division of Harris

County Department of Education (HCDE) – Various Departments.

C9. UTILIZATION OF CONTRACT APPROVED for traffic control, enforcement & signal preemption equipment with Consolidated Traffic controls, Inc. through the

Interlocal Agreement with H-GAC Contract No. PE05-13 – Various Departments.

C10. RESCINDING PURCHASE APPROVED of two Kubota M9960HDC 4WD tractors and accessories from Kubota Tractor Corporation previously approved in

Commissioners Court on September 15, 2014 – Precinct 2.

C11. REJECTING BIDS AND RE-ADVERTISING APPROVED for Mission

Northeast New Warehouse Facility (Project 2014-0070) - Montgomery County

Community Development.

Session of October 20, 2014

Page 6 of 17

RISK MANAGEMENT – AGENDA ITEM 8D1

D1. CHANGES, ADDITIONS AND RELEASES APPROVED for the following:

BOND NAME/DEPT AMOUNT ACTION

105957879 Laviolette, Stephanne/Treasurer $500,000 New

24764579 Moody, Robert/Const PCT 3

61991157 Welch, Kenneth/Const PCT 3

Rider/Job Title Change

Rider/Job Title Change

62088483 Williams, Mario/Const PCT 4

15486582 Williams, James/Fire Marshal

61491346 Weis, David/Const PCT 3

14454538 Warwick, Ricky/Const PCT 4

15214474 Cross, Brian/Fire Marshal

5,000 Reserve/New

5,000 Renew/Cont Cert

5,000 Renew/Cont Cert

5,000

5,000

Renew/Cont Cert

Renew/Cont Cert

61499182 Jaimes, Michael/Const PCT 4

16041478 Clendennen, Buck/Const PCT 4

16041478 Clendennen, Buck/Const PCT 4

16041473 Welch, Barry/Const PCT 4

62173012 Mayo, Edward/Library

5,000

5,000

5,000

3,000

Renew/Cont Cert

Rider/Job Title Change

Renew/Cont Cert

Renew/Cont Cert

New

COMMISSIONERS – AGENDA ITEMS 8E1-3

E1. PRECINCT 1 a. USE AGREEMENT APPROVED with Montgomery County Food Bank to use the Courthouse steps for their “Channel 13 Annual Share Your Holiday

Food Drive” on December 5, 2014. b. APPOINTMENT APPROVED of Henry Burt Green to the Board of

Commissioners of ESD #2. Mr. Green will serve the remaining term of resigned Board Member Ted Granhold whose term will expire December

31, 2014.

E2. PRECINCT 2 a. ASSIGNMENT OF NUMBER 144 APPROVED for the Montgomery

County Municipal District to be reserved in the name of SK Law.

E3. PRECINCT 4 a. APPOINTMENT APPROVED of Wesley Swanson to the Board of

Commissioners of ESD #11. Mr. Swanson will serve the remaining term of resigned Board Member Jerry Guion whose term will expire December

31, 2015. b. CHECK ACCEPTED in the amount of $2,018.71 from the City of Roman

Forest for the purchase of fuel for the month of September 2014. To be deposited into account 615.7926. Check forwarded to Auditor for further processing.

COUNTY ENGINEER – AGENDA ITEMS 8F1-4

F1. PRECINCT 1 a. REQUEST APPROVED from the City of Montgomery to place a 10-inch sanitary line within the right of way of Lone Star Parkway.

Session of October 20, 2014

Page 7 of 17

F2. PRECINCT 2 a. REQUEST APPROVED from Hughes Natural Gas, Inc. to place a natural gas line within the right of way of Wildwood Trace. b. c. d.

REQUEST APPROVED from CenterPoint Entergy to place a 2-inch gas line within the right of way of Prentice Road.

REQUEST APPROVED from Mid-South Synergy to place an electrical overhead line within the right of way of Capitol Hill.

FINAL PLAT APPROVED of Phase 1A Bluejack National; 606.1 acres;

Noah Griffith Survey, A-16; Thomas C. Bradberry Survey, A-91; William

Miller Survey, A-384; and Ambrose Tinney Survey, A-551. e. f. g. h.

FINAL PLAT APPROVED of Woodforest, Section 42; 16.67 acres;

Thomas Curry Survey, A-136.

FINAL PLAT APPROVED of Woodforest, Section 49; 24.455 acres;

James Hodge Survey, A-19.

STREETS ACCEPTED INTO THE ONE YEAR MAINTENANCE

PERIOD at Mostyn Manor, Section 6; total length of roads 1,213.25 linear feet = 0.23 miles. Effective October 20, 2014.

STREETS ACCEPTED INTO THE ONE YEAR MAINTENANCE

PERIOD at Bonterra @ Woodforest, Section 1; total length of roads

8,069.91 linear feet = 1.53 miles. Effective October 20, 2014.

F3. PRECINCT 3 a. REQUEST APPROVED from Alpheus Communication to place a telecommunication line within the right of way of Timberloch Place. b. FINAL PLAT APPROVED of The Woodlands Village Of Grogans Mill

Lake Woodlands East Shore, Section 16; 23.22 acres; John Taylor Survey,

A-547.

F4. PRECINCT 4 a. STREETS ACCEPTED BY MONTGOMERY COUNTY at Auburn Trails,

Section 7 having completed the one year maintenance period. Bond released. b. c. d.

STREETS ACCEPTED BY MONTGOMERY COUNTY at Auburn Trails,

Section 8 having completed the one year maintenance period. Bond released.

REQUEST APPROVED from Denbury Onshore, LLC to place a 4-inch oil pipeline (fiberglass) within the right of way of Albert Moorehead Road.

FINAL PLAT APPROVED of Woodridge Forest Section 5; 8.746 acres;

H.T. & B.R.R. Co. Survey, A-283.

ENVIRONMENTAL HEALTH – AGENDA ITEMS 8G1-4

G1. VARIANCE REQUEST APPROVED to install an aerobic on-site system in the

100-year floodplain located at 13132 Royal Estates Drive, Conroe, Texas 77303.

Session of October 20, 2014

Page 8 of 17

G2. ORDER APPROVED for demolition on the following properties that are abandoned, deemed unsafe, or unlivable:

30419 Davis Street, Magnolia, Texas 77355

2238 Bob White, Conroe, Texas 77385

24280 Jane Avenue, Porter, Texas 77365

23815 Briar Thistle, Porter, Texas 77365

Estimated total cost $28,000.00, funded by CDBG.

G3. ORDER APPROVED To Vacate Order Abating A Public Nuisance for 11361

Amber Park Drive, Conroe, Texas 77303. Property has been brought into compliance without using County funds.

G4. VARIANCE REQUEST APPROVED to install an aerobic on-site system in the

100-year floodplain located at 20105 Crystalwood Estates Drive, New Caney,

Texas 77357.

COUNTY ATTORNEY – REAL PROPERTY – AGENDA ITEMS 8H1-2

H1. PRECINCT 3 a. ORDER APPROVED Accepting Agreement Between Montgomery

County And Montgomery County Municipal Utility District No. 46 and

Authorizing Commissioner James Noack To Execute Agreement. b. ORDER APPROVED Authorizing Acceptance of Donation Deed For

Public Road Right Of Way And Appointing James Noack As Special

Commissioner To Sign For The Acceptance Of The Donation Deed.

H2. PRECINCT 4 a. b.

ORDER APPROVED Acknowledging Receipt of Check in the amount of

$20.00 from Hal Francis, for lease of real property described as Lots 208,

209, 210, 211, 212, 214, 215 and 216 in the J.O.H. Bennette Estates

Subdivision. Check forwarded to Auditor for further processing.

ORDER APPROVED Authorizing Payment of Closing Expenses For The

Purchase Of Right Of Way Known As Parcel 1 Of The Dacus Road

Project, in the amount of $352.75. [NOTE: County Attorney stated at the

beginning of this session that this is under Precinct 1, not Precinct 4.] c. ORDER APPROVED Ratifying First Amendment To Interlocal Agreement

Between The City Of Houston, Texas And Montgomery County, Texas

Regarding Lake Houston Wilderness Park.

INFRASTRUCTURE – AGENDA ITEMS 8I1-3

AGENDA ITEM 8I1 WAS DEFERRED.

I2. CHECK ACCEPTED in the amount of $3,000.00 from Montgomery County

Animal Society. This donation is given for the purpose of the Animal Shelter

Building Fund. Check forwarded to Auditor for further processing.

I3. CHECK ACCEPTED in the amount of $16.50 from Barbara J. Egan. This donation is given for the purpose of the Animal Shelter Building Fund. Check forwarded to Auditor for further processing.

Session of October 20, 2014

Page 9 of 17

CONSTABLE, PRECINCT 1 – AGENDA ITEM 8J1

J1. CHECK ACCEPTED in the amount of $1,000.00 from Topps of Lake Conroe for purchase of equipment. To be placed into account 5511-7353. Check forwarded to

Auditor for further processing.

COUNTY CLERK – AGENDA ITEMS 8K1-2

K1. DEPUTATION APPROVED of Terrie Early, Deputy County Clerk.

K2. DEPUTATION APPROVED of Tracy Lynn Wendt, Deputy County Clerk.

Motion carried.

END OF CONSENT AGENDA

4.

5. REQUEST APPROVED – FILING OF SCAAP REPORT – SHERIFF

Motion by Commissioner Noack, seconded by Commissioner Doyal, to approve the 2014 filing of the Bureau of Justice State Criminal Alien Assistance Program (SCAAP) Report for period ending July 5, 2013. Motion carried.

AGENDA ITEM 10B WAS REMOVED AT THE REQUEST OF CHIEF MCDANIEL.

6. REQUEST APPROVED – PARTICIPATION IN PSAP IMPROVEMENT PROGRAM –

SHERIFF

Motion by Commissioner Meador, seconded by Commissioner Noack, to approve participating in the Montgomery County Emergency Community District’s PSAP

Improvement Program. The District will provide $44,094.60 to the Montgomery County

Sheriff’s Office Communications Department for the replacement of 26 chairs. A 10%

County match of $4,899.40 is required and should be charged to 560163.7422. Motion carried.

7.

REQUEST APPROVED – 2013 GRANT ADJUSTMENT NOTICE – EMERGENCY

MANAGEMENT

Motion by Commissioner Doyal, seconded by Commissioner Meador, to approve the 2013

UASI M&A Grant Adjustment Notice. This will move $25,000.00 out of the M&A Grant.

A subsequent Agreement will be sent to add the $25,000.00 to the 2013 UASI Grant. The purpose is to purchase portable radios for law enforcement special operations teams. Judge

Sadler is authorized to execute this Agreement and subsequent Agreement to move the funds. Motion carried.

8.

REQUEST APPROVED – DE-OBLIGATION OF BALANCE – SHERIFF

Motion by Commissioner Noack, seconded by Commissioner Doyal, to approve the deobligation of the remaining award balance of $96.37 for the Regional Communication

Response Improvement Project. Funds are located in 5601631.7576016. Motion carried.

AGREEMENT APPROVED – CANINE LAW ENFORCEMENT – CONSTABLE

PRECINCT 2

Motion by Commissioner Meador, seconded by Commissioner Rinehart, to approve K-9

Handler Course Agreement between Universal K-9 and Montgomery County Precinct 2

Constable’s Office, authorizing Constable Gene DeForest to sign the Agreement. Funding of the Contract to be provided out of Constable Precinct 2 line item 55215-7390 and will not affect the Fiscal Year 2015 Budget. Motion carried.

Session of October 20, 2014

Page 10 of 17

9. REQUEST ACCEPTED – DWI TASK FORCE GRANT – CONSTABLE PRECINCT 2

Motion by Commissioner Meador, seconded by Commissioner Doyal, to accept the DWI

Task Force Grant from HGAC in the amount of $9,000.00. Motion carried.

10. DONATION ACCEPTED – BODY ARMOR – CONSTABLE PRECINCT 4

Motion by Commissioner Rinehart, seconded by Commissioner Doyal, to accept the donation from The 100 Club, Inc. for the body armor equipment previously approved on

March 24, 2014. Funding to the vendor made directly from The 100 Club, Inc. Motion carried.

11. REQUEST APPROVED – GRANT REQUEST FORM AND INTERGOVERNMENTAL

AGREEMENT – CONSTABLE PRECINCT 4

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

Grant Request Form and Intergovernmental Agreement between Houston-Galveston Area

Council (H-GAC) and Montgomery County for a Regional DWI Task Force Step Grant, for the period November 1, 2014 through September 30, 2015. Total reimbursement under this contract shall not exceed $7,000.00 and the Montgomery County Constable

Precinct 4 Department is responsible for $2,897.53. Funding to be paid from 5541.75985 or the Asset Forfeiture Fund. Motion carried.

COMMISSIONER RINEHART WANTED TO NOTE THAT CONSTABLE PRECINCT 4 IS

RUNNING OUT OF ROOM FOR EVIDENCE. THIS SUBJECT WILL BE REVISITED IN

TWO WEEKS.

12. REQUEST APPROVED – DE-OBLIGATION – DISTRICT ATTORNEY

Motion by Commissioner Doyal, seconded by Commissioner Meador, to approve the deobligation of $1,611.01 for the District Attorney Domestic Violence Prosecutor Grant for

Fiscal Year 2014. Motion carried.

13. FUNDING ACCEPTED – DOMESTIC VIOLENCE PROSECUTOR GRANT –

DISTRICT ATTORNEY

Motion by Commissioner Noack, seconded by Commissioner Doyal, to approve funding from the Governor’s Office for the District Attorney Domestic Violence Prosecutor Grant in the amount of $80,000.00 for Fiscal Year 2015. Motion carried.

14. INCREASE APPROVED – ANNUAL SALARY SUPPLEMENT – DISTRICT

ATTORNEY

Motion by Commissioner Doyal, seconded by Commissioner Noack, to approve an increase in the annual salary supplement that is funded solely by the District Attorney’s

Discretionary Account (Dept. 4353). The supplemental pay is for employees who have successfully passed their Board Certification Exam in Criminal Law. The annual supplement will be increased from $1,500.20 to $3,600.00 and will be paid bi-weekly.

Motion carried.

15. REQUEST APPROVED – ANNUAL SALARY SUPPLEMENT – DISTRICT

ATTORNEY

Motion by Commissioner Noack, seconded by Commissioner Doyal, to approve an annual salary supplement to be funded solely by the District Attorney’s Discretionary Account

(Dept. 4353). The supplemental pay is for employees who have successfully passed their

Certified Fraud Examiner Exam. The annual supplement of $1,500.20 will be paid biweekly. Motion carried.

Session of October 20, 2014

Page 11 of 17

16. REQUEST APPROVED – LIVE SCAN PROJECT – DISTRICT ATTORNEY

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

Scan Project for District Clerk and County Clerk. This includes the purchase of four new laptops and four print scanners with annual maintenance for one year. The total cost for one year is $17,452.00. Funding will be from the Special Revenue Fund. Motion carried.

17. REQUEST APPROVED – POWER RECOVER DRUG COURT GRANT FUNDING –

JUVENILE

Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve declining the Fiscal Year 2015 Power Recovery Drug Court Grant Funding and rescind the Resolution that was approved in Commissioners Court on February 24, 2014. Motion carried.

18. REQUEST APPROVED – MERIT RAISE – COMMUNITY DEVELOPMENT

Motion by Commissioner Doyal, seconded by Commissioner Rinehart, to approve a three percent merit raise for Michael R. Huddle. Motion carried.

19. REQUEST APPROVED – LIBRARY CLOSINGS – LIBRARY

Motion by Commissioner Meador, seconded by Commissioner Noack, to approve the following closings at all Montgomery County Libraries:

April 4, 2015

July 4, 2015

November 28, 2015

December 26, 2015

And approve closing the libraries at 5:00PM on the following dates:

December 31, 2014

November 25, 2015

December 23, 2015

Motion carried.

20. REQUEST APPROVED – GRANT APPLICATION AND RESOLUTION – INDIGENT

DEFENSE

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

Fiscal Year 2015 Indigent Defense Formula Grant Application and Resolution. Motion carried.

21. AGREEMENT APPROVED – FY2015 RAMP AGREEMENT – AIRPORT

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

Year 2015 Ramp Agreement between Montgomery County and the Texas Department of

Transportation for routine maintenance at the Lone Star Executive Airport, authorize the

County Judge to execute same, and designate the Airport Director as the County’s authorized representative to receive correspondence and acquire approval and disapproval for the Grant on behalf of Montgomery County. Motion carried.

22. REQUEST APPROVED – DEVELOPMENT PLAN – LONE STAR EXECUTIVE

AIRPORT

Motion by Commissioner Meador, seconded by Commissioner Doyal, to adopt the Lone

Star Executive Airport Southside Development Plan as a guiding document for Airport planning and improvements over the planning period 2014-2032, including the based aircraft and operations forecasts and recommended capital improvements. Motion carried.

Session of October 20, 2014

Page 12 of 17

23. REQUESTS APPROVED – USE OF JP TECHNOLOGY FUNDS – AUDITOR

Motion by Judge Sadler, seconded by Commissioner Doyal. to approve the following funded by the Justice of the Peace Technology Fund: a. b.

Request by Justice of the Peace 1 to use $702.00 for purchase of a Tripp Lite, P/N

BC350 350VA Ultra Compact UPS Battery backup for CPU’s 18 @ $39.00 each.

Request by Justice of the Peace 1 to use $1,650.00 for cost of 11 employees to attend Experienced Court Personnel seminars @ $150.00 each. c. Request by Justice of the Peace 2 to use $2,172.60 for purchase of four HP

LaserJet Enterprise P3015N Printers @ $543.15 each.

Motion carried.

24. FUNDING SOURCE CLARIFIED – SPAY, NEUTER & MICROCHIP CLINIC

Agenda Item 20A from Infrastructure stated “Consider and approve the use of monies from the Animal Shelter Building Account line item to help fund Spay, Neuter &

Microchip Clinics for animals within Montgomery County.” The Auditor and County

Attorney informed the Court that donations for the Animal Shelter Building Fund cannot be used for any purpose except for the Building Fund. Commissioner Rinehart stated that he was already funding this project.

Motion by Commissioner Rinehart, seconded by Judge Sadler, to confirm that

Commissioner Precinct 4 will be funding the Spay, Neuter & Microchip Clinic at a cost of

$2,500.00. Motion carried.

25. CONTRACT AWARDED

– TAX OFFICE SOFTWARE/EQUIPMENT –

PURCHASING

Motion by Commissioner Doyal, seconded by Commissioner Meador, to award RFP/Q

Tax Office Remittance Processing Software and Equipment – Project 2014-0063 (Tax

Office) to RT Lawrence Corporation at a cost of $143,915.00. Motion carried.

26. DISCRETIONARY EXEMPTION APPROVED – SHERIFF SUBSTATION –

PURCHASING

Motion by Commissioner Noack, seconded by Commissioner Doyal, to approve a discretionary exemption for Joseph M. Santopetro, Architect for Architectural and

Engineering Services for New Montgomery County Sheriff’s Substation located in Spring,

Texas. Funding source are Certificates of Obligation. §262.024(a)(4) Motion carried.

27. PURCHASE APPROVED – TWO KUBOTA TRACTORS – PURCHASING

Motion by Commissioner Doyal, seconded by Commissioner Meador, to approve the purchase of two Kubota M108SDSC2 Mid-Size AG ROPS Tractors, 4WD and accessories

(Precinct 2) from Kubota Tractor Corporation through the Interlocal Agreement with H-

GAC Contract #GR01-12, in the amount of $102,217.80. Motion carried.

AGENDA ITEM 21D WAS DEFERRED.

28. ORDER APPROVED – CARRYOVER OF FUNDS – COUNTY ATTORNEY

Motion by Commissioner Doyal, seconded by Commissioner Meador, to approve Order allowing $5,859.22 from line item 4751-7501 from Fiscal Year 2014 budget to carry over to line item 4751-7997 of the 2015 budget year. Motion carried.

Session of October 20, 2014

Page 13 of 17

29. ORDER APPROVED – CANINE POLICY AMENDMENT – COUNTY ATTORNEY

Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve Order amending policy regarding compensating officers for their work with law enforcement canines, to be effective October 1, 2014, and included in the County’s Employee Policy

Manual as Section 5.1-21. Motion carried.

30. ORDER APPROVED – U.S. AVIATION UNDERWRITERS – COUNTY ATTORNEY

Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve Order authorizing Scott Smith, Director of the Lone Star Executive Airport, to execute on behalf of Montgomery County the release and settlement of claim on file with the County in favor of United States Aviation Underwriters, Inc. and related parties. Motion carried.

31. ORDER APPROVED – PURCHASE OF PROPERTY – COUNTY ATTORNEY REAL

PROPERTY

Motion by Commissioner Rinehart, seconded by Commissioner Meador, to approve Order

Authorizing The Purchase Of Property For Right-Of-Way In The Augustus V. Sharp

Survey, A-481 From Mark W. Martin, Trustee & Appointing Ed Rinehart As Special

Commissioner To Sign Any and All Documents Relating To The Purchase Thereof; a

Warranty Deed; and Purchase And Sale Agreement. Motion carried.

32. REQUEST APPROVED – PARTIAL ASSIGNMENT OF LEASE AGREEMENT –

COUNTY ATTORNEY REAL PROPERTY

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

Assignment Of Lease Agreement Between Montgomery County, Texas And KDFD

Enterprises LLC., to Jack E. Doggett, Jr. and Annette B. Doggett for 1,176.00 square feet of land located at the Lone Star Executive Airport. Motion carried.

MONTGOMERY COUNTY COMMISSIONERS COURT RECESSED TO CONVENE

PUBLIC HEARINGS

PRECINCT 2:

CONSIDER AND APPROVE THE PARTIAL REVISION TO HIGH MEADOW

ESTATES SECTION TWO TO BE KNOWN AS HIGH MEADOW ESTATES

SECTION FOUR.

CONSIDER AND APPROVE THE PARTIAL REVISION TO THOUSAND OAKS

SECTION ONE AND THOUSAND OAKS SECTION TWO SUBDIVISION TO BE

KNOWN AS THOUSAND OAKS REPLAT, ORIGINALLY SUBMITTED TO BE

KNOWN AS MCDERMOTT ACRE.

NO ONE FROM THE PUBLIC WISHED TO DISCUSS THESE ISSUES. THIS

CONCLUDES THE PUBLIC HEARINGS.

MONTGOMERY COUNTY COMMISSIONERS COURT RECONVENED.

33. REQUEST APPROVED – WALLY WILKERSON PARKWAY – COMMISSIONER

PRECINCT 1

Motion by Commissioner Meador, seconded by Judge Sadler, to approve the new extension road project portion of League Line Road from Hwy 75 to FM 1484 to be named as Wally Wilkerson Parkway. Motion carried.

Session of October 20, 2014

Page 14 of 17

34. REQUEST APPROVED – TRANSFER OF FUNDS – COMMISSIONER PRECINCT 3

Motion by Commissioner Noack, seconded by Commissioner Rinehart, to approve the following transfers: a. $479.96 from 6142-7419 to 6142-8317-1 to fund cell phone allowance. b. $479.96 from 614-7545 to 614-2503-2 to fund cell phone allowance. c. $239.98 from 614-7454 to 614-2510-1 to increase cell phone allowance.

Motion carried.

COMMISSIONER NOACK ACKNOWLEDGED THE LAW OFFICIALS AND ALL

INVOLVED IN APPREHENDING THE SUSPECT OF THE HIT AND RUN INCIDENT

INVOLVING COMMISSIONER NOACK’S SON.

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.

AGENDA ITEM 26A: CONSIDER AND DISCUSS CLAIMS RELATED TO

CONSTRUCTION OF JOE CORLEY DETENTION CENTER AND

MONTGOMERY COUNTY MENTAL HEALTH TREATMENT FACILITY.

COMMISSIONERS COURT RECONVENED WITH ALL MEMBERS PRESENT.

35. SETTLEMENTS APPROVED – JOE CORLEY DETENTION CENTER &

MONTGOMERY COUNTY MENTAL HEALTH TREATMENT FACILITY

Motion by Commissioner Doyal, seconded by Commissioner Meador to approve

Resolution and Order to approve Settlement Agreements in connection with Claim No. C-

14-0086, styled In Re: Ed Chance and Claim No. B-140085, styled In Re: Linda Breazeale on the terms contained in the Agreements. Funds of $40,000.00 to Ernest Edwin Chance,

Sr., will be funded from line item 409-76570. Funds of $10,000.00 to Linda Breazeale will be funded from line item 409-76570. Commissioner Noack opposed vote. Motion carried on a 3-1 vote.

CITIZENS – AGENDA ITEM 28.

BILL O’SULLIVAN EXPRESSED THE SUPPORT OF PROPOSITION 1 AND ALSO

ENDORSING THE LONE STAR COLLEGE BOND.

ANOTHER MEMBER OF THE PUBLIC CAME FORWARD TO ADDRESS THAT HE IS

GLAD THE JOE CORLEY SITUATION IS FINALLY CONCLUDED. ALSO ADDRESSED

THE MOBILITY ISSUES THE COUNTY IS FACING.

36. PAYROLL CHANGE REQUEST FORMS APPROVED – HUMAN RESOURCES

Motion by Commissioner Doyal, seconded by Commissioner Meador, to approve the following Payroll Change Request Forms:

Request of Commissioner Precinct 1 to rescind PCRF of Steve McKinzie, Operator III, that was approved in Commissioners Court on September 29, 2014, effective November 6,

2014.

Request of Commissioner Precinct 3 to add cell phone allowance to Casey Parchman,

Traffic Operations Tech, effective November 11, 2014.

Request of Community Development to increase salary of Michael R. Huddle, Hurr. Ike

Compliance Officer, due to 3% COLA, effective October 20, 2014.

Session of October 20, 2014

Page 15 of 17

Request of Recycle Station – Precinct 3 to add cell phone allowance to Justin Fausek,

Coordinator – Recycle, effective October 11, 2014.

Request of Sheriff to correct salary schedule of Aaron Utley, Deputy Detention, due to employee received certification before deadline, effective October 11, 2014.

37. CHANGE OF PAYROLL CHANGE REQUEST FORMS APPROVED – HUMAN

RESOURCES

Motion by Commissioner Meador, seconded by Commissioner Doyal, to accept PCR

Forms. As of October 1, 2014, the forms will no longer require Commissioners Court signatures. Motion carried.

Request of Custodial to accept resignation of Richard Best, Custodian II, effective

October 7, 2014. [No benefits due.]

Request of Commissioner Precinct 3 to increase salary of Matthew Beasley, Manager –

Precinct Projects, due to equity adjustment, effective October 11, 2014.

Request of Commissioner Precinct 3 to increase salary of Charles Cobb, Traffic

Operations Manager, due to equity adjustment, effective October 11, 2014.

Request of Commissioner Precinct 3 to increase cell phone allowance of Daniel Howell,

Signal Technician I, effective October 11, 2014.

Request of Commissioner Precinct 4 to accept resignation of Jose Chavarria, Operator I, effective October 7, 2014. [No benefits due.]

Request of Commissioner Precinct 4 to place David Farmer, Operator 2, on payroll due to return from unpaid FMLA/Disability Leave, effective October 2, 2014.

Request of Constable Precinct 3 to increase salary of Tony Madison, Deputy – Constable, due to STEP increase, effective October 20, 2014.

Request of Constable Precinct 3 to transfer Jomo Kenyatta Washington, Deputy –

Constable, into new position, effective October 4, 2014.

Request of Constable Precinct 3 – RMUD Sub Unit, to place Michael Huckman, Deputy –

Constable, on payroll as replacement for Jomo K. Washington, effective October 11,

2014.

Request of County Clerk to accept resignation of Talisa Perez, Clerk II, effective

September 16, 2014. [No benefits due.]

Request of District Clerk to discharge Sean Mace, Part Time Clerk, effective October 9,

2014. [No benefits due.]

Request of Elections to place Judith Cherry, Voter Clerk, on payroll, effective October 20,

2014.

Request of Elections to increase salary of Blanca Tovar Frias, Voter Clerk, due to 3%

COLA increase, effective September 27, 2014.

Request of Elections to increase salary of Sandy Hawkins, Voter Clerk, due to increased responsibilities, effective October 20, 2014.

Request of Elections to accept resignation of Jose Magana Perez, Voter Clerk, effective

September 15, 2014. [No benefits due.]

Request of Elections to discharge Lisa Raver, Elections Manager, effective October 6,

2014. [72.05 hours or balance vacation.]

Session of October 20, 2014

Page 16 of 17

Request of Elections to accept resignation of Margarita Villarreal, Voter Clerk, effective

September 15, 2014. [No benefits due.]

Request of Information Technology to place Sidney L. Stephens, Support Specialist III, on payroll as replacement for Eric Lowry, effective October 27, 2014.

Request of Justice of the Peace Precinct 1 to promote Ben Blair, Juvenile Case Manager, into new position, effective October 11, 2014.

Request of Juvenile to discharge Brandon Roshad Baldwin, Juvenile Supervision Officer

Substitute, effective October 15, 2014. Is not eligible for re-hire. [No benefits due.]

Request of Juvenile to place Alex Flores, Jr., Juvenile Supervision Officer – JJAEP, on payroll as replacement for Christine Wood, effective October 20, 2014.

Request of Juvenile to change status of Keandra Hamilton, Juvenile Supervision Officer, as replacement for Rebecca Deweese, effective October 25, 2014.

Request of Juvenile to discharge Chastity Marie Hardin, Juvenile Supervision Officer, effective October 15, 2014. Is not eligible for rehire. [98.66 hours or balance vacation;

1.75 hours or balance compensatory; 8.00 hours holiday.]

Request of Juvenile to accept resignation of Michael John McManus, Juvenile Supervision

Officer – JJAEP, effective October 10, 2014. Eligible for rehire. [54.18 hours or balance vacation; 6.5050 hours or balance compensatory.]

Request of Juvenile to change status of Duvy Mendez, Juvenile Supervision Officer –

Substitute, from full time to part time at employee’s request, effective October 25, 2014.

[23.74 hours or balance vacation; 1.33 hours or balance compensatory; 16.00 hours or balance holiday.]

Request of Juvenile to transfer/promote Christine Wood, Juvenile Probation Officer, into new position, effective October 11, 2014.

Request of Library to accept resignation of Lynda Kay Collins, Shelving Clerk, effective

October 17, 2014. [No benefits due.]

Request of Library to promote Augustina Moore, Library Assistant II, as replacement for

Kimberly Smith, effective October 11, 2014.

Request of Library to place Denise Westphal, Library Assistant III, on payroll as replacement for Travis Holder, effective October 6, 2014.

Request of Purchasing to remove Geraldine Lamb, Clerk IV, from payroll due to retirement, effective October 31, 2014. [28.36 hours or balance vacation.]

Request of Recycle Station – Precinct 3 to accept resignation of Mackenzie Caroline

Sammis, Driver (Mosquito), effective October 1, 2014. [No benefits due.]

Request of Risk Management to transfer Richard W. Woychesin, Coordinator – Safety, into new position, effective October 11, 2014.

Request of Sheriff to accept resignation of Michael Ferguson, Officer Civilian Detention, effective October 11, 2014. [No benefits due.]

Request of Sheriff to place Marc Fortier, Jr., Officer Civilian Detention, on payroll into new position, effective October 18, 2014.

Request of Sheriff to accept resignation of Kevin Frantz, Deputy Patrol District II, effective November 16, 2014. [188.12 hours or balance vacation; 75.75 hours or balance compensatory; 52.00 hours or balance holiday.]

Session of October 20, 2014

Page 17 of 17

Request of Sheriff to transfer Robert Keith Funderburk, Sergeant Patrol District VI, as replacement for Jimmy Malmay, effective October 11, 2014.

Request of Sheriff to correct STEP plan slotting of James H. Glisson, Detective, bridged time with District Attorney Office, effective October 11, 2014.

Request of Sheriff to transfer Katricia Hortman, Crime Analyst – Gang Unit, into new position, effective October 25, 2014.

Request of Sheriff to place Tosha Annette Hyde, Clerk IV, on payroll as replacement for

April Garris, effective October 13, 2014.

Request of Sheriff to correct effective date on PCRF of Andrew M. Mitschke, Civilian –

Detention Officer, approved by Commissioners Court on October 5, 2014, effective

October 4, 2014.

Request of Sheriff to accept resignation of Keith Motley, Officer Civilian Detention, effective October 21, 2014. [57.29 hours or balance vacation; 171.40 hours or balance compensatory; 12.25 hours or balance holiday.]

Request of Sheriff to place Justin Pierce, Officer Civilian Detention, on payroll into new position effective October 11, 2014.

Request of Sheriff to place Peter Renegar, Officer Civilian Detention, on payroll as replacement for Alexander Hons, effective October 11, 2014.

Request of Sheriff to promote Philip Schumpe, Sergeant – DIU, as replacement for Roland

Henrici, effective October 11, 2014.

Request of Sheriff to place Isaiah Trott, Officer Civilian Detention, on payroll as replacement for Kenneth See, effective October 11, 2014.

Request of Sheriff to place Williem Van Der Werff, Officer Civilian Detention, on payroll as replacement for Tyler Hall, effective October 11, 2014.

Motion carried.

38. 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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