June 2, 2003

June 2, 2003
COMMISSIONERS' COURT DOCKET, JUNE 2, 2003
SPECIAL SESSION
THE STATE OF TEXAS
COUNTY OF MONTGOMERY
Be it remembered that on this the 2nd day of June, 2003, the
Honorable Commissioners' Court of Montgomery County, Texas, was
duly convened in a Special Session in the Commissioners'
Courtroom of the Montgomery County Courthouse Annex, Conroe,
Texas, with the following Members of the Court present:
County Judge,
Commissioner,
Commissioner,
Commissioner,
Commissioner,
Also -
Alan "Barb" Sadler
Precinct 1, Mike Meador
Precinct 2, Craig Doyal
Precinct 3, Ed Chance
Precinct 4, Ed Rinehart
Alice Drake, County Clerk's Office
INVOCATION GIVEN BY GENE DEFOREST, CONSTABLE, PRECINCT #2
PLEDGE OF ALLEGIANCE RECITED BY EVERYONE PRESENT.
1.COMMISSIONERS' COURT AGENDA APPROVED
Motion by Commissioner Meador, seconded by Commissioner Rinehart,
to approve Commissioners' Court Agenda for discussion and
necessary action. Motion carried.
AGENDA ITEM 6A - EMPLOYEES' COMMITTEE
JO ANN ACREMAN with Juvenile Probation, was selected "Employee of
the Month" for June, 2003. The nominating letter was
written by Robert Long from CIS Department. Ms. Acreman was
presented with a plaque and a gift certificate from the
Employees' Committee.
2.MINUTES APPROVED - COMMISSIONERS' COURT MINUTES - COUNTY CLERK
Motion by Commissioner Doyal, seconded by Commissioner Chance, to
approve Commissioners' Court Minutes for May 19, 2003, as
presented by the County Clerk. Motion carried.
3.CONSENT AGENDA APPROVED - AGENDA ITEMS 8A THROUGH 8I
Motion by Commissioner Chance, seconded by Commissioner Doyal, to
approve the following Items listed under Today's Court
Agenda:
COUNTY AUDITOR - AGENDA ITEMS 8A THROUGH 8I
1.ACCOUNTS, approved, as submitted by the County Auditor.
2.BUDGET AMENDMENTS approved, as follows;
a.Civic Center Complex - to transfer fund to cover cost of
building cabinets
b.Commissioner, Pct. #1 - to recognize/allocate
c.Commissioner, Pct. #2 - to transfer funds for damage claim for
Sergio F. Carmona
d.Commissioner, Pct. #3 - to recognize/allocate reimbursement
from J. Moore
e.Commissioner, Pct. #3 - to recognize/allocate reimbursement
from A. Waltman
f.Commissioner, Pct. #3 - to adjust line items
g.Commissioner, Pct. #3 - to recognize/allocate reimbursement
from R. Ivy
h.Commissioner, Pct. #3 - to transfer funds for Wendy Wells
damage claim
i.District Attorney - to recognize/allocate juror donations
j.Elections Administrator - to adjust line items
k.Extension Agents - to recognize/allocate donations from various
committees
l.Extension Agents - to adjust line items
m.Justice of Peace, Pct. #1 - to transfer funds for remodel
Judge's office
n.Justice of Peace, Pct. #2 - to adjust line items
o.Sheriff - to adjust line items
p.Sheriff - to adjust lien items
q.Tax Assessor/Collector - to transfer funds to cover release
260487
r.Various - to transfer funds from restricted lines into
department lines for FY03
as per Budget Amendments on file.
AGENDA ITEMS 8B1, 2 & 3 - ALL ITEMS FOR COUNTY TREASURER WERE
DEFERRED.
TAX ASSESSOR/COLLECTOR - AGENDA ITEMS 8C
a.INTERLOCAL AGREEMENT approved, for Tax Collection
Services by and between Montgomery County, Montgomery County Tax
Assessor/Collector and East Montgomery County Municipal
Utility District No. 3, as per Agreement on file.
b.AMENDMENT approved, to the Collections Contracts for
Taxing Jurisdictions using the County to collect their
taxes. Also, to authorize the County Judge to execute same, as
per Amendment on file.
PURCHASING DEPARTMENT - AGENDA ITEMS 8D
a.AUTHORIZATION TO ADVERTISE, for the following bids/proposals:
1.Construction of left and right turn lanes on Hanna
Rd. at Dolly Vogel School -Pct. #3
2.Concrete (5 sack) delivered - Various Precincts
b.BIDS/PROPOSALS approved, which were opened by the Purchasing
Department, as follows:
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1.RFP Leasing Space on the County Radio Tower - Project #20030066 - (bids opened 5-22-03)
2.Pre-Engineered Metal Building - Custodial Department - Project
#2003-0062 - (bids opened 5-28-03)
3.RFP Design-Build of a Library - Pct. #3 - Project #2003-0067 (bids opened 5-28-03)
4.Disaster Recovery System - (new, used or
refurbished) - Various Departments - Project #2003-0064 (bids
opened 5-29-03)
5.Construction of maintenance type work consisting
of raising approaches and adding cross culverts on
Honea-Egypt Rd. at Mound Creek - Pct. #2 - Project #2003-0068 (bids opened 5-29-03)
c.ITEMS DECLARED SALVAGE approved, as per list presented by
Building Maintenance on file.
d.PAYMENT BOND acknowledged, from G.T.T., Inc., for construction
of a recycling facility, in the amount of $43,798.00,
as per Bond on file.
e.CORRECTION approved, to the contract for telephone/data cabling
materials and installation, to reflect telephone/data
cabling installation only, rather than telephone/data
cabling materials and installation for CIS, as per
Request on file.
f.CHANGE ORDER #3 approved, (PO#2002063) - to St. Judes Ranch for
Children to add "Appendix B - Level 4", to previous
contract, as per Change Order on file.
g.CHANGE ORDER #3 approved, (PO#2002469), to Walter Y. Quijano,
PHD. PC, for non-residential services - Juvenile
Services, as per Change Order on file.
COMMISSIONER, PRECINCT #1 - AGENDA ITEMS 8E1
a.ORDER approved, to allow the partial lot conveyances without a
replat of Lot 23, Western Hills Commercial Development,
Section 2, as per Order on file.
b.ORDER approved, to authorize First Surety Title Company to
prepare title reports to assist in determining
ownership of 4 tracts of land outlined in Order on
file.
c.ROADS accepted, BOND released, in Piney Shores Resort, Section
6, consisting of 62l.82 l.f., .12 miles, as per
Request on file. (roads are private and will not be
maintained by Montgomery County)
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06-02-03
d.PUBLIC HEARING DATE SET, for June 30, 2003, to consider setting
a speed limit of 30 mph on North Clark Road, (East and
South from Mt. Zion Road), as per Request on file.
COMMISSIONER, PRECINCT #2 - AGENDA ITEMS 8E2
a.REQUEST approved, to clarify project name for Seitel Data,
Ltd.'s Permit for conducting Geophysical Operations at
Montgomery County Parks and in County Road rights-ofway, as per Request on file.
b.ROADS accepted, in the Village of Alden Bridge, Section 97,
into the one year maintenance period, consisting of .33
miles, l,722.32 l.f., effective June 2, 2003, as per
Request on file.
COMMISSIONER, PRECINCT #3 - AGENDA ITEMS 8E3
a.ORDER approved, to authorize the purchase of Real
Property located in the Joseph Miller Survey. Also, to
appoint Commissioner Chance as Special Commissioner for closing
on behalf of Montgomery County, as per Order
on file.
b.ORDER approved, for installation of street sign at 2436 Sawdust
Road, requested by the San Jacinto River Authority,
(SJRA), in accordance with an Interlocal Agreement
dated August 20, 2001, as per Order on file.
c.FINAL PLAT approved, for Canyon Lakes at Legends Ranch, Section
1, consisting of 43.22 acres, 84 lots, as per Plat on
file. (pending recordation of Amended Plat approved 519-03)
d.ROADS accepted, in Benders Landing, Section 1, consisting of
5.53 miles, 29,205.74 l.f., into the one year
maintenance period, effective June 2, 2003, as per
Request on file.
COMMISSIONER, PRECINCT #4 - AGENDA ITEMS 8E4
a.ORDER approved, to acknowledge receipt of a check from Kathleen
Tapal in the amount of $50.00, for the lease of Lots
348, 349 & 350 in Tanglewood Manor, as per Order on
file.
b.ORDER approved, to declare the existence of a public necessity
requiring the acquisition in fee simple of right-ofway, (parcel 53), for the widening, construction and
improvements to F.M. l3l4. Also, to authorize the
County Attorney to initiate condemnation proceedings,
as per Order on file.
c.ORDER approved, to declare the existence of a public necessity
requiring the acquisition in fee simple of right-ofway, (Parcel 8), for the widening, construction and
improvements to F.M. l3l4. Also, to authorize the
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County Attorney to initiate condemnation proceedings,
as per Order on file.
d.ORDER approved, to declare the existence of a public necessity
requiring the acquisition in fee simple of right-ofway, (parcel 24), for the widening, construction and
improvements to F.M. l3l4. Also, to authorize the
County Attorney to initiate condemnation proceedings,
as per Order on file.
DISTRICT CLERK - AGENDA ITEMS 8F
a.DEPUTATION approved, for Earnestine McCauley, Deputy District
Clerk, as per Deputation on file.
SHERIFF'S DEPARTMENT - AGENDA ITEM 8G
a.REQUEST approved, to reimburse Sheriff's Forfeiture Account
#72066, in the amount of $385.00. Purchase Order was
not made in time to obtain prepayment for Celestina
Rossi-Golsby to attend a DPS Seminar in Austin, as per
Request on file.
PARKS DEPARTMENT - AGENDA ITEM 8H
a.USE AGREEMENT approved, for West Montgomery County Park with
Joseph Linton for the Montgomery Homecoming Committee
and Prairie View Alumni, as per Agreement on file.
COUNTY ATTORNEY - AGENDA ITEM 8H
a.PUBLIC OFFICIAL BONDS approved, for five (5) Board of Directors
for Montgomery County Drainage District #10, as
follows:
1.Charles Beckham
2.Bill Himes
3.
Kathy Rothman
4.Renee Knight
5.Arthur Donnelly
Also, to authorize the County Judge to execute said Bonds
submitted, as per Bonds on file.
Motion carried
END OF CONSENT AGENDA
_________________________________________________________________
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4.REQUEST APPROVED - PURCHASE OF COURT PLAQUES - COUNTY JUDGE
Motion by Judge Sadler, seconded by Commissioner Doyal, to
approve expenditure of $538.00, (fund from contingency), for
one (l) 24-inch 9th Court of Appeals plaque, and one (l) 24inch Montgomery County Court plaque to be alternated and
placed in the existing Courtroom, as per Request on file.
Motion carried.
5.REQUEST DENIED - ADDITIONAL FUNDS - EXTENSION OFFICE
Motion by Judge Sadler, seconded by Commissioner Chance, to deny
the request from Extension Services for an additional
$l,200.00, to assist with clientele needs for the completion
for budget year 2002-03, as per Request on file. Motion
carried.
AGENDA ITEM 11A - REQUEST FOR EXPENDITURE FOR MARKETING AND
PROMOTIONAL MATERIALS FOR AIRPORT IN THE AMOUNT OF $9,740.00 DENIED UNTIL FURTHER RESEARCH BY THE AIRPORT DIRECTOR.
6.VARIANCE APPROVED - AEROBIC SEPTIC SYSTEM - ENVIRONMENTAL
HEALTH
Motion by Commissioner Rinehart, seconded by Commissioner
Chance, to approve the variance to install an aerobic septic
system in the flood plain for Kenneth Kearns, Splendora,
Texas, as per Variance Request on file. Motion carried.
7.CERTIFICATE APPROVED - TEXAS DEPARTMENT OF PROTECTIVE AND
REGULATORY SERVICES - COUNTY AUDITOR
Motion by Commissioner Doyal, seconded by Commissioner
Chance, to approve Certification regarding debarment,
suspension, ineligibility and voluntary exclusion for
covered contracts for year 2004, as per Certificate on file.
Motion carried.
8.REPORT ACCEPTED - SHERIFF'S INMATE TRUST FUND - COUNTY AUDITOR
Motion by Commissioner Chance, seconded by Commissioner Doyal, to
accept follow-up Report on the discrepancies discovered in
the Sheriff's Inmate Trust Fund, submitted by the County
Auditor, as per Report on file. Motion carried.
AGENDA ITEMS 14A 1,2,5, 6 & 7 - RECOMMENDATIONS AND CONTRACTS DEFERRED.
9.RECOMMENDATION AND CONTRACT APPROVED - COMPUTER PAPER - VARIOUS
DEPARTMENTS
Motion by Commissioner Chance, seconded by Commissioner Rinehart,
to award the bid, (opened May l4, 2003), for computer paper
to the following Vendor:
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a.Boise Office Solutions for items l thru 7, and 9 thru ll.
Items to be added to PO#200ll60
as per Contract on file.
Motion carried.
10.PROPOSAL AWARDED - LEASING SPACE ON MONTGOMERY COUNTY RADIO
TOWER
Motion by Commissioner Chance, seconded by Commissioner Rinehart,
to award the proposal, (opened May 22, 2003), to Devon Gas
Services, L.,P., for lease space on the Montgomery County
Radio Tower, as per Proposal on file. Motion carried.
11.RECOMMENDATION AND CONTRACT APPROVED - MAINTENANCE WORK ROADS
AND CULVERTS - PRECINCT #2
Motion by Commissioner Doyal, seconded by Commissioner Doyal, to
award the bid, (opened May 29, 2003), to Hubco, Inc., for
the construction of maintenance type work consisting of
raising approaches and adding cross culverts on Honea-Egypt
Rd. at Mound Creek, in the amount of $l69,l37.20, (fund from
Bond funds 2003/discretionary funds), as per Contract on
file. Motion carried.
12.CHECK ACCEPTED - J & L RECYCLING - PURCHASING DEPARTMENT
Motion by Commissioner Chance, seconded by Commissioner Doyal, to
accept a check in the amount of $45.36 from J & L Recycling
for miscellaneous scrap, as per Letter on file. Motion
carried. (check forwarded to County Treasurer for further
handling)
13.AMENDMENT TO AGREEMENT APPROVED - TAX INCREMENT REINVESTMENT
ZONE NO. 3 - PURCHASING DEPARTMENT
Motion by Commissioner Doyal, seconded by Judge Sadler, to
approve the Amendment to the Agreement with the City of
Conroe for the funding of the Tax Increment Reinvestment
Zone #3, as per Amendment on file. Motion carried.
14.REQUEST APPROVED - INSTALLATION OF GATES IN COURTROOM PURCHASING DEPARTMENT
Motion by Judge Sadler, seconded by Commissioner Doyal, to
authorize the installation and construction of 2 gates,
(fund from contingency), to be installed in the
Commissioners' Courtroom for the Court of Appeals. Motion
carried. (no paperwork)
15.RECYCLING POLICY APPROVED - PURCHASING DEPARTMENT
Motion by Commissioner Chance, seconded by Commissioner Rinehart,
to approve a Recycling Policy known as the Environmentally
Preferable Procurement Policy, as per Policy on file.
Motion carried.
AGENDA ITEM 15A - COUNTY ATTORNEY - APPROVE RESOLUTION AND ORDER
TO AUTHORIZE RETENTION OF SERVICES OF BRACEWELL AND PATTERSON,
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L.L.P., IN FOSTER VS. MONTGOMERY COUNTY, ET AL, EFFECTIVE APRIL
1, 2003 - DEFERRED. (SEE MOTION #20 FOR TODAY'S COURT ACTION)
16.AMENDMENT #2 ACCEPTED - AIRPORT PROJECT PARTICIPATION
AGREEMENT - COUNTY ATTORNEY
Motion by Commissioner Chance, seconded by Judge Sadler, to
accept Amendment #2 to existing Airport Project
Participation Agreement between the Texas Department of
Transportation and Montgomery County. Also, to authorize
the County Judge to execute same, as per Amendment on file.
Motion carried.
17.PUBLIC HEARINGS APPROVED - VARIOUS PRECINCTS
Motion by Commissioner Rinehart, seconded by Commissioner Doyal,
to approve the following Public Hearings: (Agenda Items 17A
thru C)
a.SPEED LIMIT approved, to set a speed limit of 30 mph for
Thompson Road from F.M. 830 to F.M. l097 - Pct. #1, as
per Public Notice on file.
b.STOP SIGNS approved, to be placed on Pearl River in Lake Conroe
Forest on both sides of Cherokee Drive, as per Public
Notice on file.
c.PARTIAL REPLAT authorized, for Texaba, to be known as Deer Run,
Section 2, as per Public Notice on file.
d.PARTIAL REPLAT authorized, for Texaba, to be known as Deer Run,
Section 3, as per Public Notice on file.
e.PARTIAL REPLAT authorized, for Summerset Estates, Section 1, to
be known as Summerset Estates, Section 2, as per Public
Notice on file.
Motion carried.
18.FINAL PLAT APPROVED - DEER RUN, SECTION 2 - PRECINCT #4
Motion by Commissioner Rinehart, seconded by Commissioner Chance,
to approve the final plat of Deer Run Subdivision, Section
2, consisting of 38.392 acres, as per Plat on file. Motion
carried.
19.WORKSHOP SCHEDULED - SUBDIVISION RULES AND REGULATIONS CHANGES
- COUNTY ENGINEER
Motion by Commissioner Chance, seconded by Commissioner Doyal, to
set a workshop for June l6, 2003, (immediately following
Commissioners' Court), to discuss changes to the Subdivision
Rules and Regulations Manual. Motion carried. (no
paperwork)
EXECUTIVE SESSION
The Court recessed into Executive Session in the
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County Judge's Chambers to discuss matters authorized under
Article 55l.071 thru 55l.076, Texas Government Code, as
follows:
1.Consider and Discuss Claims of David Parks
2.Consider and Discuss Claims of Pam Hernandez and Phyllis
Traylor
3.Discuss Matters relating to Bax vs. Montgomery County, et al,
including settlement offer
4.Discuss potential Real Property Litigation involving the
Montgomery Trace Development
COURT RECONVENED WITH ALL MEMBERS OF THE COURT PRESENT, EXCEPT
COMMISSIONER MEADOR.
20.MOTION FAILS - INVOICE FROM BRACEWELL & PATTERSON, LLP COUNTY ATTORNEY
Motion by Commissioner Doyal to approve payment of an Invoice
from Bracewell & Patterson, L.L.P., in the amount of
$l6,375.60, for legal services in the Foster vs. Montgomery
County, et al lawsuit. Motion fails due to a lack of a
second.
21.PAYROLL CHANGE REQUESTS APPROVED - HUMAN RESOURCES
Motion by Commissioner Meador, seconded by Commissioner Rinehart,
to approve the following Payroll Change Requests, as
follows:
request of Animal Control to accept the resignation of Miriam
Alvarez, Clerk/Dispatcher, effective May 28, 2003, with
9.0l5 vacation hours due and 7.5 comp hours due
request of Collections to increase the salary of Ofelia Juan,
Collection Specialist, effective May 29, 2003
request of Collections to place Sandy Relander, Part-time Clerk,
(replacement for Laura Rowlett), on payroll, effective May
29, 2003
request of Collections to increase the salary of Laura Rowlett,
Collection Specialist, effective May 29, 2003
request of Collections to increase the salary of Donna Walters,
Court Coordinator, effective May 29, 2003
request of Commissioner, Pct. #2 to place Joseph Kutac, Laborer,
on payroll, effective May 21, 2003
request of Commissioner, Pct. #2 to place Rowdy Scott, Laborer,
on payroll, effective May 21, 2003
request of Commissioner, Pct. #2 to place Mona Sheridan, Parttime Secretary, on payroll, effective May 27, 2003
request of Commissioner, Pct. #2 to place Diana Trim, Part-time
Secretary, on payroll, effective May 27, 2003
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request of Commissioner, Pct. #3 to place Chad Ray Jamieson,
Driver, (replacement for Michael Jaska), effective June 2,
2003
request of Commissioner, Pc.t #3 to discharge Michael Jaska,
Asphalt Equipment Operator, effective May l9, 2003
request of District Attorney to place Joseph Delos Reyes, Parttime Clerk, (replacement for Brandy McKinley), effective May
27, 03
request of Environmental Health to place Daniel Kiblinger,
Inspector, on payroll, effective May l6, 2003
request of Fire Marshal to place Richard Birdwell, Arson
Investigator, on payroll, effective May l9, 2003
request of Fire Marshal to transfer Cathy Hollster from MCDCSC to
Fire Marshal Department, (replacement for Patricia Nance),
effective May l9, 2003
request of Fire Marshal to accept the resignation of Patricia
Nance, Secretary-Assistant Inspector Trainee, effective May
30, 2003, with l25.195 vacation hours due and .25 comp hours
due
request of Fire Marshal to accept the resignation of Gary
Schroeder, Arson Investigator, effective May l4, 2003, with
3.l2 vacation hours due and ll holiday hours due
request of Juvenile Probation Director to place David L. Furr,
Substitute Detention Officer, on payroll, effective May 24,
2003
request of Juvenile Probation Director to accept the resignation
of Malcolm Purvis, Jr., effective May 30, 2003, with 76.52
vacation hours due and 20 holiday hours due
request of Juvenile Probation Director to accept the resignation
of Morlin Wade, Juvenile Detention Officer, (replacement for
Jerry Hoke), effective May 24, 2003
request of Juvenile Probation Director to bridge the time for
Tanya Lane Young, Detention Officer, effective April 20,
2003
request of Library Director to place Deborah Dumond, Catalog
Technician, on unpaid family leave of absence, effective May
23, 2003
request of Sheriff's Department to promote Dewey Bonner from Lake
Patrol Deputy to Lake Patrol Specialist, effective May 24,
2003
request of Sheriff's Department to place Erin Fontenot, Temporary
Data Clerk, on payroll, effective May 20, 2003
request of Sheriff's Department to discharge Brandie Morley,
Dispatcher I, effective May l6, 2003, with 2l.56 vacation
hours due, 4l.75 comp hours due and l6 holiday hours due
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request of Sheriff's Department to bridge the time for Melissa
Potts, Detention Officer II, effective May l9, 2003
request of Sheriff's Department to promote Jeremiah
Richards from Detention Officer II to Detention Deputy, with
an increase in salary, effective May 24, 2003, due to
certification
request of Sheriff's Department to promote Barry Welch from Lake
Patrol Deputy to Lake Patrol Specialist, effective May 24,
2003
request of Tax Assessor/Collector to place Linda Heuermann,
Deputy Specialist II, on family leave of absence, effective
May 23, 2003
request of County Auditor to place Phyllis Martin, General Ledger
Assistant, on payroll, effective June 9, 2003
request of CIS Director to promote Rhonda Hovater from
Administrative Assistant to Assistant CIS Director,
effective May 29, 2003
request of CIS Director to promote Kathy Rifaat from Support
Coordinator to Administrative Assistant, effective May 29,
2003
request of Commissioner, Pct. #2 to place Allen Fleming, Jr.,
Laborer, on payroll, effective May 27, 2003
request of Custodial Services to place Billy L. Breiten, Floor
Technician, on payroll, effective June 2, 2003
request of Juvenile Probation Director to accept the resignation
of Ronald Dee Burchfield, Jr., Detention Officer, effective
May 24, 2003, with 28.60 vacation hours due, 9.78 comp hours
due and 2 hours holiday pay
request of Juvenile Probation Director to place Kelli M. Foreman,
Substitute Detention Officer, on payroll, effective May 3l,
2003
request of Juvenile Probation Director to place Kimberly
Lawrence, Detention Officer on indefinite suspension without
pay, effective May 20, 2003
request of Juvenile Probation Director to place Preston McBride,
Substitute Detention Officer, on payroll, effective May 3l,
2003
request of Library Director to accept the resignation of Daphne
Rigdon, Shelving Clerk, effective June 4, 2003
request of Maintenance Director to place Steven Lucas, Mechanic
II, on payroll,(replacement for Gary Franks), effective June
9, 2003
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request of Tax Assessor/Collector to increase the salary of
Shawnte'l Hilton, Deputy Specialist II, effective May 24,
2003, due to probation period complete
as per Payroll Change Requests on file.
Motion carried.
22.COURT ADJOURNS
Motion by Commissioner Chance, seconded by Commissioner Rinehart,
to adjourn this Session of Commissioners' Court. Motion
carried.
The above and foregoing Commissioners' Court Minutes were read
and approved by the Court.
ATTEST:
Mark Turnbull, County Clerk
and Ex-Officio Clerk
Commissioners' Court
Montgomery County, Texas
BY:__________________________
County Clerk
_________________________
County Judge
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