August 12, 2013

August 12, 2013

COMMISSIONERS COURT DOCKET

AUGUST 12, 2013

REGULAR SESSION

THE STATE OF TEXAS

COUNTY OF MONTGOMERY

BE IT REMEMBERED that on this the 12

Th day of August, 2013 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

Alan B. Sadler

Mike Meador

Craig Doyal

James Noack

Ed Rinehart

Francine Nichols

INVOCATION GIVEN BY MARY HAMMER.

THE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA

RECITED.

THE PLEDGE OF ALLEGIANCE TO THE TEXAS STATE FLAG RECITED.

1. COMMISSIONERS COURT AGENDA APPROVED.

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

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

PROCLAMATION/RESOLUTIONS

2. PROCLAMATION APPROVED - AMERICAN PAYROLL ASSOCIATION,

PAYROLL WEEK

Motion by Commissioner Meador, seconded by Commissioner Doyal, to proclaim the first full week of September 2013 as National Payroll Week in Montgomery County,

Texas. Motion carried.

PROCLAMATION APPROVED - NATIONAL HEALTH CENTER WEEK 3.

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

August 11-17, 2013 as National Community Health Center Week in Montgomery

County, Texas. Motion carried.

4.

5.

MINUTES APPROVED – COMMISSIONERS COURT - COUNTY CLERK

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

Commissioners Court Minutes for the Regular Sessions held July 22, 2013 and July 29,

2013, as presented by the County Clerk. Motion carried.

CONSENT AGENDA APPROVED - AGENDA ITEMS 9A-H

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

Consent Agenda, as follows:

COUNTY AUDITOR – AGENDA ITEMS 9A1-4

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

Session of August 12, 2013

Page 2 of 19

A2. CONSIDER AND APPROVE THE BUDGET AMENDMENTS FY13: a. Various: To adjust restricted lines. b. Various: To correctly allocate budget in Court Reporter Service Fund. c. Constable Precinct 2: Recognize sales comm rev for June 4, 2013. Const sales. d. Constable Precinct 1: Recognize insurance recovery claim U-13-0051. e. Animal Control: Recognize insurance recovery claim U-13-0049. f. Animal Control: To transfer funds for Spindletop. g. Building Maintenance: To adjust line items. h. Commissioner Precinct 1: To adjust line items. i. Commissioner Precinct 3: To adjust line items. j. Commissioner Precinct 4: To transfer funds. k. Commissioner Precinct 4: To adjust line items. l. Commissioner Precinct 4: To recognize and allocate revenue as authorized by CCT M14/07.22.13. m. Constable Precinct 1: To adjust line items. n. Constable Precinct 1: To adjust line items as authorized by CCT (M8 &

9/07.29.13). o. Constable 4 Sales/Comm: Recognize sales commission revenue deposited

July 2013. p. Contingency: To fund purchase of ARFF Vehicle at Lone Star Executive

Airport as authorized by CCT (M14/02.27.12). q. Court Reporter Service Fund: To recognize and allocate revenue in Court

Reporter Service Fund as authorized by CCT (M15/07.29.13). r. Elections Administrator: To recognize and allocate reimbursements. s. t.

Emergency Management: To adjust line items.

Extension Agents: To adjust line items. u. Indigent Defense: To transfer funds to Court Operations and adjust line items. v. Jail Financing Corporation: To recognize and allocate revenue from the sale of the Joe Corley Detention Facility. w. Jail Financing Corporation: To recognize additional costs associated with the sale of the Joe Corley Detention Facility. x. Justice of Peace Precinct 5: To adjust line items. y. Juvenile – JJAEP: To adjust line items. z. Law Library: To adjust line items. aa. MCCD CDBG/$1,956,872 – Year 15: To adjust line items. bb. MCCD CDBG/$2.001 Mil – Year 13: To adjust line items for PI received. cc. MCCD: To adjust line items. dd. Office of Court Administration: To adjust line items. ee. Purchasing Agent: To adjust line items. ff. Road & Bridge Fund: To recognize and allocate revenue as authorized by

CCT M18/07.29.13. gg. Sheriff: To adjust line items.

hh. Sheriff: To adjust line items. ii. Sheriff: J. Corley Detention Facility: To recognize and allocate revenue.

A3. ACCEPTED UNAUDITED FINANCIAL REPORT for the month of June, 2013.

A4.

ACCEPTED REPORT OF OFFICIALS’ FEES, as audited for April 2013.

TREASURER – AGENDA ITEMS 9B1-3

Session of August 12, 2013

Page 3 of 19

B1. APPROVED INVESTMENT REPORT for July 2013.

B2. APPROVED PLEDGE SECURITIES for July 2013.

B3. APPROVED TICKET LOG for July 2013.

TAX ASSESSOR/COLLECTOR – AGENDA ITEMS 9C1-3

C1. NAME CHANGE AND ASSIGNMENT APPROVED of the existing Abatement

Agreement by and between the County and J.D. Warmack Woodlands Limited

Partnership (current owner) to RFL No. 5 Limited Partnership.

C2. TERMINATION OF INTERLOCAL AGREEMENT ACKNOWLEDGED between Montgomery County and the City of Magnolia for Scofflaw implementation.

C3. SUPPLEMENTAL CHANGES ACKNOWLEDGED August 2013 from Harris

County Appraisal District regarding New Caney ISD and The Woodlands

Township for properties located in Montgomery County.

PURCHASING – AGENDA ITEMS 9D1-7

D1. ADVERTISING APPROVED for the following bid/proposal: a. ePOLLBOOK PERIPHERALS – Elections.

D2. CONTRACTS AWARDED to the following bid: a. PROFICIENT ELECTRIC, INC. for electrical services - (Project #2013-

0048) - Various Departments. (Alternates are McCaffety Electric Co. and

Alpha Diamond Electric.)

D3. RENEWALS APPROVED: a. THIRD COAST SERVICES LLC (P.O. #2012022) for traffic signal foundation services, expires 10/05/13 - Various Departments. b. PAVERS SUPPLY (P.O. #2010024) cement stabilized base, expires

10/11/13 – Various Departments. c. GRAYBAR ELECTRIC COMPANY (P.O. #2011263) networking and telecommunications equipment, expires 10/13/13 – IT Department. Note:

Changes as per documents on file. d. McCAFFETY ELECTRIC CO. (P.O. #I013030D) for additional electrical services, expires 10/19/13 – Various Departments. e. ALPLA DIAMOND ELECTRIC, INC. (P.O. #I013031D) for additional electrical services, expires 10/19/13 – Various Departments.

f.

Session of August 12, 2013

Page 4 of 19

AJB BROS, INC. dba DARRELL’S SIGN COMPANY dba AXPERT

TREE SERVICE (P.O. #2013061) for additional tree and tree limb removal from right-of-ways, county roads and county buildings, expires

11/04/13 – Various Precincts/Departments. g. ALL AROUND TREE SERVICE, INC. (P.O. #2013062) for additional tree and tree limb removal from right-of-ways, County roads and County buildings, expires 11/04/13 – Various Precincts/Departments. h.

BILL BEAL’S BONDED TREE SERVICES (P.O. #2013064) for additional tree and tree limb removal from right-of-ways, County roads and County buildings, expires 11/04/13 – Various Precincts/Departments. i.

DANIEL’S TREE SERVICE, LLC (P.O. #2013065) for additional tree and tree limb removal from right-of-ways, County roads and County buildings, expires 11/04/13 – Various Precincts/Departments. j. GOOD MORROW LAND SERVICES LLC (P.O. #2013066) for additional tree and tree limb removal from right-of-ways, County roads and County buildings, expires 11/04/13 – Various Precincts/Departments. k.

ANDREW S. ROBINSON dba KING SOLOMON’S TREE SERVICE

(P.O. #2013067) for additional tree and tree limb removal from right-ofways, County roads and County buildings, expires 11/04/13 - Various

Precincts/Departments. l.

MALCOLM E. TRERO dba MAXIE’S PROFESSIONAL TREE

SERVICE (P.O. #2013068) for additional tree and tree limb removal from right-of-ways, County roads and County buildings, expires 11/04/13 –

Various Precincts/Departments. m. ROTHCO TREE SERVICE LLC (P.O. 2013069) for additional tree and tree limb removal from right-of-ways, County roads and County buildings, expires 11/04/13 – Various Precincts/Departments. n. WILLIAMSON COUNTY INVESTMENTS, INC. (P.O. #2013072) for additional tree and tree limb removal from right-of-ways, County roads and County buildings, expires 11/04/13 – Various Precincts/Departments.

D4. CHANGE ORDERS: a. Change Order #3, P.O. #2011296 to Bison Profab, Inc. for emergency equipment console and accessories – Sheriff’s Office. b. Change Order #5, P.O. #2011294 to A&B Crushed Concrete, LLC for haul services for miscellaneous materials. Read as $165.00, should read

$180.00 – Precinct 2 and Precinct 4.

D5. DISCRETIONARY EXEMPTIONS: a. State of Texas Department of Information Resources and Calence LLC dba Insight Networking for products and related services through Contract

#DIR-SDD-1369 – 271.083(b) – Information Technology. b. State of Texas Department of Information Resources and Calence LLC dba Insight Networking for products and related services through Contract

#DIR-SDD-1460 – 271.083(b) – Information Technology.

Session of August 12, 2013

Page 5 of 19

D6. REQUEST APPROVED for September 13, 2013 to serve as the cut-off date for purchasing goods and services except for emergency operational needs –

Purchasing.

D7. REQUEST APPROVED renaming Permission to Advertise from adding a triple left turn lane at Rayford Road/Interstate 45 Interchange – Precinct 3 to

Interchange Modification Plans for IF-45 at Rayford – Sawdust Road – Precinct

3.

RISK MANAGEMENT – AGENDA ITEMS 9E1-2

E1. PAYMENT ACKNOWLEDGED to David and Vannak Marroquin in the amount of $3,741.69 in reference to Claim #B-13-0071. Date of incident: July 1, 2013.

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

BOND NAME/DEPT AMOUNT ACTION

61732223 Cook, Dana/Tax Assessor $50,000 New

61732176 Henderson, Jodell/Tax Assessor 50,000 New

61449078 Smith, Brian/Const PCT 2 5,000 Reserve/Renew

61436339 Aguilar, John/Const PCT 2

61737317 Lynch, Sammy/Const PCT 2

5,000 Reserve/Renew

5,000 Reserve/Renew

COMMISSIONERS – AGENDA ITEMS 9F1-3

F1. PRECINCT 1 a.

2.

3.

USE AGREEMENTS APPROVED:

1. RBI Guys 11 U-Select Baseball Team

Fields - Practices

Charles Traylor Sports Park - Baseball

Books R Fun – Sale of Books and Gifts

Employee Committee

Sadler Building Lobby – August 6 & 7, 2013

Willis Warriors 12 U- Select Baseball Team

Fields - Practices

Charles Traylor Sports Park - Baseball

F2. PRECINCT 2 a. USE AGREEMENTS APPROVED:

1. Magnolia Youth Football Association

Football Fields

Magnolia Sports Park

F3. PRECINCT 4 a. CHECK APPROVED in the amount of $2,624.49 from Montgomery

County ESD 7 for the purchase of fuel for the month of June, 2013. To be deposited into account 615.7926. Check forwarded to Auditor for further processing. b. c.

RESIGNATION ACCEPTED from Adam Dietrich from ESD #11 Board of Commissioners.

RESIGNATION ACCEPTED from Sharon Wilson from the ESD #11

Board of Commissioners.

d. e. f.

Session of August 12, 2013

Page 6 of 19

APPOINTMENT ACCEPTED of Valerie Murphy to the ESD #11 Board of Commissioners with a term of office to expire on December 31, 2014.

APPOINTMENT ACCEPTED of Barry Welch to the ESD #11 Board of

Commissioners with a term of office to expire on December 31, 2014.

CHECK APPROVED in the amount of $2,956.76 from the Montgomery

County Constable Precinct 4 for fuel used for the month of July, 2013. To be deposited into account 615.7926. Check forwarded to Auditor for further processing.

COMMISSIONERS – COUNTY ENGINEER – AGENDA ITEMS 9G1-4

G1. PRECINCT 1 a. REQUEST APPROVED from Mid-South Synergy to place a #2 ACSR,

14.4 kV power line within the right of way of Old Hwy 105.

G2. Precinct 2 a. FINAL PLAT APPROVED for The Meadows at Jacobs Reserve, Section

3, 20.418 Acres, 69 Lots, Charles E. Dugat Survey, A-170. b. c. d.

FINAL PLAT APPROVED for The Meadows at Jacobs Reserve, Section

4, 14.130 Acres, 67 Lots, Charles E. Dugat Survey, A-170.

FINAL PLAT APPROVED for Woodforest Parkway Northwest, 1.521

Acres, Thomas Curry Survey, A-136.

FINAL PLAT APPROVED for Woodforest, Section 37, 7.707 Acres, 25

Lots, James Pevehouse Survey, A-29. e. f.

PUBLIC HEARING DATE APPROVED of August 26, 2013 to establish a 20 mile per hour speed limit in Mostyn Manor subdivision.

PUBLIC HEARING DATE APPROVED of August 26, 2013 to change the name of Gus Niederhofer Road to Cowboy Way.

G3. Precinct 3 a. b.

FINAL PLAT APPROVED for Harmony Creek, Section 1, 14.07 Acres,

43 Lots, Montgomery County School Land Survey, A-351.

FINAL PLAT APPROVED for The Woodlands Village of Cochran’s

Crossing, Section 60, 5.46 Acres, H.G. Roach Survey, A-687 and Herman

Pressler Survey, A-761.

G4. Precinct 4 a. FINAL PLAT APPROVED for New Caney Commercial, 1.5634 Acres,

William Lynch Survey, A-308.

COUNTY ATTORNEY – REAL PROPERTY – AGENDA ITEM 9H1

H1. PRECINCT 2 a. ORDER APPROVED Accepting Road Into Montgomery County Road

Maintenance System Upon Finding Of Prescriptive Right Based on Public

Use for Fir Lane.

b. ORDER APPROVED Accepting Road Into Montgomery County Road

Maintenance System Upon Finding Of Prescriptive Right Based on Public

Use for Maple Lane.

H2. PRECINCT 3

Session of August 12, 2013

Page 7 of 19 a. b.

ORDER APPROVED Consenting To Street Construction, Repair, And

Maintenance By Montgomery County for The Woodlands Joint Powers

Agency for 42 Halfmoon Court, per Interlocal Agreement.

RECEIPT OF CHECK ACKNOWLEDGED from Walter E. Vars in the amount of $20.00, for lease of real property described as 1.330 acres known as Lot 7 Skylight Timbers, Precinct 3.

H3. PRECINCT 4 a. ORDER APPROVED Authorizing Lease of Real Property For Open

Space, Recreational, or Wetlands Management Purposes, and Appointing

Special Commissioner to Conduct Lease Auction of a certain tract of land being described as Lots 208, 209, 210, 211 and 212, as described in a deed recorded at Clerk’s File No. 9614307, and lots 214, 215 and 216, as described in a deed recorded at Clerk’s File No. 9604421, in the J.O.H.

Bennette Estates, with a minimum bid of $550.00 plus an annual lease payment. Julie Stewart or BD Griffin are appointed Special

Commissioners for the lease of property and authorized to execute the public auction scheduled for Friday, September 13, 2013 at 9:30 a.m. on the west steps of the Montgomery County Courthouse. b. c.

ORDER APPROVED Allowing Partial Lot Conveyance Without A Replat for Lot 3, Block 1, White Oak Estates Section 1.

ORDER APPROVED Accepting Road Into Montgomery County Road

Maintenance System Upon Finding Of Prescriptive Right Based On Public

Use for road known as Bethel Baptist Road.

H4. AIRPORT a. REQUESTS APPROVED to acknowledge Correction Partial Assignment of Land Lease Agreements with Consent of Lessor Lone Star Executive

Airport previously approved by Commissioners Court on June 17, 2013

(Motion 3, 9G5a1-4) from Carlon Dowell to the following Assignees:

1. Sandstone Aviation, LLC

2. Dan T. and M. Kaye Brouse

3. Bryan DeVault

4. Tom Fisher

Motion carried.

6. REQUEST APPROVED – REMOVAL OF CONTRACTOR – COMMISSIONER

PRECINCT 3

Motion by Commissioner Noack, seconded by Commissioner Rinehart, to remove Third

Coast Services, LLC from the list of renewal contracts (Agenda item 9D3a) previously approved in Motion 5. Motion carried.

END OF CONSENT AGENDA

7.

Session of August 12, 2013

Page 8 of 19

NOMINATIONS APPROVED – CENTRAL APPRAISAL DISTRICT BOARD –

COUNTY JUDGE

Motion by Commissioner Doyal, seconded by Commissioner Noack, to approve nominating Mike Meador and Alan B. Sadler to serve on the Board of Directors for the

Montgomery Central Appraisal District for the term 2014 and 2015. Motion carried.

8.

9.

APPOINTMENTS ACCEPTED – STEERING COMMITTEE – COUNTY JUDGE

Motion by Commissioner Meador, seconded by Commissioner Doyal, to accept the appointments of the following to a Steering Committee for the Countywide Mobility

Study:

1. John Holzwarth

2. Mark Mooney

3. James Noack

4. Craig Doyal

5. Tommy Woolley

6. John Bleyl

7. Richard Brown

8. Larry Calhoun

9. Bill Smith

Motion carried.

REQUEST APPROVED – REPLACE PRINTERS – JUSTICE OF THE PEACE,

PRECINCT 3

Motion by Commissioner Noack, seconded by Commissioner Rinehart, to approve the request to use $661.27 from the Justice Court Technology Fund to replace 2 laser printers. Motion carried.

10. REQUEST APPROVED – GRANT ADJUSTMENT NOTICE – EMERGENCY

MANAGEMENT

Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve 2011

UASI Grant Adjustment Notice from the Texas Department of Public Safety and authorize Judge Sadler to sign the Grant Acceptance Form. The only change is a two month extension to October 31, 2013. Motion carried.

11. REQUEST APPROVED – TRANSFER FUNDS - SHERIFF

Motion by Commissioner Rinehart, seconded by Commissioner Meador, to approve the transfer of funds between the following positions. The transfer pertains to civilian positions and does not increase the current salary structure:

AMOUNT

$ 895.97

2,104.47

895.95

2,730.82

6,035.04

972.82

Motion carried.

FROM

5601-8406-1

5601-8406-1

5121-3940-13

5121-4123-1

5121-5800-7

5121-5800-115

TO

5601-3940-32

5601-3903-600

5601-3903-600

5601-3903-600

5601-3903-600

5601-3903-600

Session of August 12, 2013

Page 9 of 19

12. FUNDS ACCEPTED – OCDETF – SHERIFF

Motion by Commissioner Meador, seconded by Commissioner Doyal, to accept supplemental funds in the amount of $5,000.00 for the Organized Crime Drug

Enforcement Task Force (OCDETF) Strategic Initiative SWTXS-0843 Ranch Hand

Agreement between the Montgomery County Sheriff office and the DEA. Motion carried.

13. FUNDS ACCEPTED – OCDETF – SHERIFF

Motion by Commissioner Meador, seconded by Commissioner Doyal, to accept supplemental funds in the amount of $5,000.00 for the Organized Crime Drug

Enforcement Task Force (OCDETF) Strategic Initiative SWTXS-0915H Delta Link

Agreement between the Montgomery County Sheriff’s Office and the DEA. Motion carried.

14. REQUEST APPROVED – POSTAGE – SHERIFF

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

Montgomery County Sheriff’s Office Alarm Detail Division $3,000.00 in postage from the postage account 409. Motion carried.

15. CHANGES APPROVED – SALARY TRANSFERS – SHERIFF

Motion by Commissioner Noack, seconded by Commissioner Doyal, to approve the following changes and transfer of salaries due to reevaluation of the positions. The changes do not increase the current salary structure:

1.

2.

Close positions 56011-4125-1 and 56011-4125-2, Collections Specialist.

Open positions 56011-3940-1 and 56011-3940-2.

Motion carried.

16. ACTION APPROVED – JAIL EXPANSION PROJECT – SHERIFF

Motion by Judge Sadler, seconded by Commissioner Noack, to approve earmarking $13 million of the proceeds from the sale of the Joe Corley Facility for the County Jail expansion project. Also approved Mark Bosma to lead a Committee consisting of Sheriff

Tommy Gage, Phyllis Martin and James Noack, who will provide recommendations to the Court. Motion carried.

17. REQUEST APPROVED – UPGRADE POSITION – COMMUNITY DEVELOPMENT

Motion by Commissioner Rinehart, seconded by Commissioner Meador, to approve upgrading Case Manager position from part time to full time effective September 28,

2013. Motion carried.

18. REQUEST APPROVED – SALARY INCREASE – TAX ASSESSOR/COLLECTOR

Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve a 5% salary increase for the Courier Services Manager’s position. Note that this is a contract employee. Motion carried.

19. REQUEST APPROVED – EARLY VOTING LOCATIONS - ELECTIONS

Motion by Commissioner Noack, seconded by Commissioner Doyal, to approve the early voting locations and times for the November 5, 2013 election, as per documents on file.

Motion carried.

Session of August 12, 2013

Page 10 of 19

20. REQUEST APPROVED – CONSOLIDATE VOTING PRECINCTS – ELECTIONS

Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve consolidating voting precincts for the November 5, 2013 election, as per documents on file. Motion carried.

21. SALARY INCREASE APPROVED – COUNTY COURT AT LAW JUDGES -

AUDITOR

Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve an increase to County Court at Law judge salaries to comply with Section 25.0005 of the

Government Code. Funding source is Contingency. Motion carried.

22. REPORT APPROVED – JOE CORLEY PROCEEDS – AUDITOR

Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve a detail of anticipated uses of the proceeds from the sale of the Joe Corley Detention Facility.

The remaining proceeds were previously earmarked for the Jail Expansion Project approved in Motion 16 earlier this Court session. Motion carried.

23. FUNDING APPROVED – PURCHASE OF CAPITAL ITEMS - AUDITOR

Motion by Commissioner Noack, seconded by Commissioner Meador, to approve the purchase of the assets in FY2013 with any unused funds to automatically carryover to

FY2014 in a restricted line. Any funds unused by the end of FY2014 would need to be taken to Commissioners court for approval to carry over to FY2015, if needed. Motion carried.

24. CONTRIBUTION APPROVED – TEXAS COUNTY & DISTRICT RETIREMENT

SYSTEM – AUDITOR

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

Authorization to Make Optional Contribution to the County’s Account in the Subdivision

Accumulation Fund (SAF) in the amount of $1,000,000.00. Motion carried.

25. CONTRACT AWARDED – STRATEGY 7 CORPORATION – INFORMATION

TECHNOLOGY

Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve awarding the RFP/Q Hardware IBM Maintenance and Software (AIX) Support (Project

#2013-0047) to Strategy 7 Corporation. Motion carried.

26. REQUEST APPROVED – LEASE OF MAIL EQUIPMENT – TAX OFFICE

Motion by Commissioner Doyal, seconded by Commissioner Meador, to approve the leasing of mail processing software and equipment in the amount of $1,140.00 per month for 60 months; and the purchase of project management, training and related miscellaneous items in the amount of $15,940.00 from Pitney Bowes through the

Interlocal Agreement with BuyBoard Contract #407-12. Motion carried.

27. AMENDMENT APPROVED – MOTION 16 – COUNTY JUDGE

Motion by Judge Sadler, seconded by Commissioner Meador, to approve amending

Motion 16 to add Craig Doyle to the Committee for the County Jail expansion project.

Motion carried.

Session of August 12, 2013

Page 11 of 19

28. REQUESTS APPROVED – PARTIAL ASSIGNMENT OF LAND LEASE

AGREEMENTS – AIRPORT

Motion by Commissioner Meador, seconded by Commissioner Rinehart, to approve the following Partial Assignments of Land Lease Agreements:

1. From Carlon Dowell to R. Michael Durham and Barbara A. Durham, for 2,352 square feet of land located at the Lone Star Executive Airport.

2. From Carlon Dowell to Silver Wings, Inc. for 2,352 square feet of land located at the Lone Star Executive Airport.

3. From Carlon Dowell to Lazy K Air LLC, for 2,352 square feet of land located at the Lone Star Executive Airport.

4. From Carlon Dowell to Lazy K Air LLC, for 2,352 square feet of land, located at the Lone Star Executive Airport.

5. From Carlon Dowell to Lazy K Air LLC, for Units 11, 12, 13, 14, 15, 16, 17, 18 and 20, Building A, located at the Lone Star Executive Airport.

29. REQUEST APPROVED – ASSIGNMENT OF LEASE – AIRPORT

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

Assignment of Lease with Amendment and Consent of Lessor for the lease of 4.257 acres of land located at the Lone Star Executive Airport between Greatland Holdings, LLC., and Northern Aviation Construction, LLC. Motion carried.

30. CONTRACT AMENDMENT APPROVED – TEXAS COMMISSIONER ON

ENVIRONMENTAL QUALITY – COUNTY ATTORNEY

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

Contract Amendment to the Intergovernmental Cooperative Reimbursement Agreement

Between the Texas Commission on Environmental Quality (TCEQ) and Montgomery

County related to the Low Income Vehicle Repair Assistance Program (LIRAP) and authorize Judge Sadler to execute said Agreement and letter to disburse funds on behalf of the County. Motion carried.

31. AMENDMENT APPROVED – GEO CARE – COUNTY ATTORNEY

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

Amendment to the Management and Operations Agreement Between Montgomery

County and GEO Care, Inc. Motion carried.

32. CONTRACT APPROVED

– TEMPORARY EMPLOYMENT – COUNTY

ATTORNEY

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

Temporary Employment Contract between Montgomery County and Michael R. Huddle as a Compliance Officer working under the supervision of the Montgomery County

Community Development Director. Motion carried.

Session of August 12, 2013

Page 12 of 19

33. APPOINTMENTS APPROVED – AIRPORT ADVISORY BOARD – COUNTY

ATTORNEY

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

Resolution and Order appointing the following as members of the Airport Advisory

Board:

1. Howard Kravetz

2. Mickey Deison

3. To be determined (Precinct 3 Commissioner will present appointee at a future

Commissioners Court session.)

4. Jacques Verrone

5. Randy Martin

6. Jay Bailey

7. Barkley Spikes

Motion carried.

AGENDA ITEM 19F WAS DEFERRED BY THE COUNTY ATTORNEY.

34. REQUEST APPROVED – POSITION CHANGES – COUNTY ATTORNEY

Motion by Commissioner Noack, seconded by Commissioner Rinehart, to approve the position changes and transfer of funds within the salary budget as follows:

1. Close

2. Open

3. Transfer

4. Transfer

5. Transfer

4751-7905-5

4751-7701-1

$3,497.15 from 4751-7706-1 to 4751-8550-1

$711.95 from 4751-7905-5 to 4751-8550-1

$32,646.94 from 4751-7905-5 to 4751-7701-1

This will not increase salary structure. Motion carried.

35. ORDERS APPROVED – PROHIBITING SOLITICATION OF DONATIONS –

COUNTY ATTORNEY

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

1. Resolution and Order to waive the security deposit, use fees and utility fees for the use of County park recreational facilities for a fundraiser to benefit Corey

Digges.

2. Resolution and Order approving a motion to grant an exception to Section 11(7) of the Rules and Regulations for Use of Public Parks in Montgomery County,

Texas, to allow the solicitation of donations in a County park for a fundraiser to benefit Corey Digges.

36. ORDER APPROVED – DONATION DEED – COUNTY ATTORNEY – REAL

PROPERTY

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

Authorizing Acceptance of Donation Deed for Dedication of Public Road Right-of-Way and Public Utilities and Appointing Mike Meador as Special Commissioner to Sign for the Acceptance of the Donation Deed. Property donated is 10.955 acres in the William

Starrock Survey, A-86, to be used as a public road right-of-way and public utilities.

Motion carried.

Session of August 12, 2013

Page 13 of 19

37. CONTRACT APPROVED – SALE OF PROPERTY – COUNTY ATTORNEY – REAL

PROPERTY

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

Contract for sale of 2.521 acres in the Edward Taylor Survey, A-554 to Jim Legg for

$515,000.00 and appoint B.D. Griffin as Special Commissioner to accept and sign all documents related to Contract. Motion carried.

38. AGREEMENT APPROVED – SAN JACINTO RIVER AUTHORITY – COUNTY

ATTORNEY – REAL PROPERTY

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

Interlocal Agreement by and Between Montgomery County, Texas and the San Jacinto

River Authority regarding a route along the western corridor of McCaleb Road, Fish

Creek Thoroughfare, Sendera Ranch Drive, and Honea Egypt Road that will be used both as right of way expansion by County and the placement for surface water facilities by

SJRA. Motion carried.

39. REQUESTS APPROVED

– POSITION CHANGE/FUNDS TRANSFER –

COMMISSIONERS – PRECINCT 3

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

1. Position Changes: a. b.

Close 614-8504-1

Open 614-8550-1

2. Transfer: a. b.

$31,847.11 from 614-8504-1 to 614-8550-1

$18,152.89 from 614-4213-501 to 614-8550-1

Motion carried.

EXECUTIVE SESSION - THE COURT WILL RECESS FOR EXECUTIVE SESSION

PURSUANT TO ONE OR MORE OF THE FOLLOWING PROVISIONS OF THE TEXAS

GOVERNMENT CODE, TO WIT: CHAPTER 551, SUB-CHAPTER D; ARTICLES 551.071

AND 551.072.

CONSIDER AND DISCUSS THE DISPOSITION OF REAL PROPERTY KNOWN AS

THE MONTGOMERY COUNTY MENTAL HEALTH TREATMENT FACILITY

LOCATED AT 700 HILBIG, CONROE, TEXAS, (SECTION 551.072).

CONSIDER AND DISCUSS CAUSE NO. 08-05-04843-CV; BARBARA ADAMICK,

INDIVIDUALLY AND AS NEXT FRIEND OF CASSANDRA CRANFILL, ET AL. V.

ANGIE C. PYLES, ET AL; IN THE 9

TH

JUDICIAL DISTRICT COURT OF

MONTGOMERY COUNTY, TEXAS (SECTION 551.071).

COMMISSIONERS’ COURT RECONVENED.

NO ACTION ON MATTERS IN EXECUTIVE SESSION.

CITIZENS – AGENDA ITEM 24

Jon Baughman – Regarding distribution of Joe Corley sales proceeds for other than jail purposes.

Session of August 12, 2013

Page 14 of 19

40. PAYROLL CHANGE REQUEST FORMS APPROVED – HUMAN RESOURCES

Motion by Commissioner Noack, seconded by Commissioner Doyal, to approve the following Payroll Change Request forms:

Request of Custodial to accept resignation of Sharon Ann Holland, Custodial Supervisor, effective July 26, 2013. (83.34 hours or balance vacation; 216.50 hours or balance compensatory.)

Request of Commissioner Precinct 2 to accept resignation of Jose Luis Marquez, Laborer, effective July 19, 2013. Eligible for re-hire. (No benefits due.)

Request of Commissioner Precinct 3 to place Jason Helm, Operator 1, on payroll as replacement for Alejandro Gil, effective July 29, 2013.

Request of Constable Precinct 5 to bridge time for Christopher Jones, Deputy Constable, effective June 19, 2013. New leave anniversary date: February 2, 2002.

Request of County Auditor to accept resignation of Sueya Frost, General Ledger

Accountant, effective August 9, 2013. (26.38 hours or balance vacation.)

Request of County Clerk to accept resignation of Jillian R. Sartin, Clerk II, effective

August 1, 2013. (No benefits due.)

Request of County Clerk to remove Sonia Vazquez, Court Clerk II, from payroll due to

Unpaid FMLA/Disability Leave, effective July 26, 2013.

Request of County Clerk to place Sonia Vazquez, Court Clerk II, on payroll due to return from Unpaid FMLA/Disability Leave, effective July 30, 2013.

Request of County Treasurer to increase salary of Patricia Reaves, Coordinator Payroll, due to promotion as replacement for Stephanne Laviolette, effective August 1, 2013.

Request of County Treasurer to increase salary of Pamela Robichaux, Bail Bond

Assistant/Dep. Treas. Asst., as replacement for Patricia Reaves, effective August 19,

2013.

Request of District Attorney to accept the resignation of Jason Ryan Horn, Attorney II, effective August 2, 2013. (109.89 hours or balance vacation.)

Request of District Clerk to place Teresa Eich, part Time Clerk, on payroll as replacement for Tracy Skinner, effective August 5, 2013.

Request of District Clerk to promote/change status of Kendra O’Dell, Court Clerk IV as replacement for Michael Crisp, effective July 22, 2013.

Request of District Clerk to promote/change status of Tracy Skinner, Court Clerk II as replacement for Kendra O’Dell, effective July 29, 2013.

Request of District Clerk to increase salary of Andrew Sumrall, Part Time Clerk, due to completion of probationary period, effective August 5, 2013.

Request of Emergency Management to place Megan Rasberry, Clerk II, on payroll effective July 29, 2013.

Request of Juvenile to transfer Reginald D. Bernard, Juvenile Probation Officer, as replacement for Derek Henderson, effective August 17, 2013.

Session of August 12, 2013

Page 15 of 19

Request of Juvenile to transfer Nikki Marie Blackburn, Juvenile Probation Officer, as replacement for Reginald Bernard, effective August 17, 2013.

Request of Juvenile to accept resignation of Julie C. Gibson, Counselor, effective August 1,

2013. Eligible for re-hire. (70.80 hours or balance vacation.)

Request of Juvenile to accept resignation of Georgen Guerrero, Shift Supervisor – Juvenile, effective July 12, 2013. (85.00 hours or balance vacation; 8.00 hours or balance holiday.)

Request of Juvenile to increase salary of Derek Henderson, Assistant Supervisor Juvenile

Probation, due to promotion effective August 17, 2013.

Request of Juvenile to accept resignation of Crystal Marie Martinez, Counselor, effective

July 21, 2013. Eligible for re-hire. (No benefits due.)

Request of Juvenile to increase salary of Travis Lamon Maxey, Shift Supervisor -

Juvenile, due to promotion as replacement for Georgen Guerrero, effective August 17,

2013.

Request of Juvenile to place Maria Elena Zavala, Counselor, on payroll as replacement for Amber Johnson, effective August 5, 2013.

Request of Library to remove Beverly J. Christopher, Branch Manager, from payroll due to retirement, effective September 30, 2013. (190.115 hours or balance vacation.)

Request of Library to accept resignation of Tomas Pena, Shelving Clerk, effective August

16, 2013. (No benefits due.)

Request of Library to accept resignation of Stacey Egbert Shipley, Shelving Clerk, effective July 23, 2013. (No benefits due.)

Request of Court Administration to increase salary of Nathan Jensen, Director of Court

Administration, as replacement for Steven Michkowski, effective August 6, 2013.

Request of Sheriff to accept resignation of Jordan Bucks, Temporary Data Entry, effective July 31, 2013. (No benefits due.)

Request of Sheriff to place Ana Castillo, Clerk IV - CJR, on payroll as replacement for

Brandy Shepherd, effective July 20, 2013.

Request of Sheriff to place Mary Chauvin, Shift Coordinator, on payroll as replacement for Tanya Durrenberger, effective July 27, 2013.

Request of Sheriff to accept resignation of Mary Chauvin, Shift Coordinator, effective

August 1, 2013. (No benefits due.)

Request of Sheriff to increase salary of Ollie Coward, Corporal Detention, due to promotion as replacement for Jerry Dossey, effective August 3, 2013.

Request of Sheriff to accept resignation of Joanna Elam, Dispatcher, effective July 17,

2013. (52.80 hours or balance vacation; 36.25 hours or balance compensatory; 8.00 hours or balance holiday.)

Request of Sheriff to accept resignation of Darby Gauthier, Officer Civilian Detention, effective August 16, 2013. (30.97 hours or balance vacation; 174.76 hours or balance compensatory; 8.50 hours or balance holiday.)

Request of Sheriff to transfer Lisa Hanson, Clerk IV – Records, as replacement for

Brandy Shepherd, effective July 20, 2013.

Session of August 12, 2013

Page 16 of 19

Request of Sheriff to transfer Marlon Hardin, Deputy Patrol District VI, as replacement for Larry Collins, effective August 3, 2013.

Request of Sheriff to place Krystle Lamb, Officer – Civilian Detention, on payroll as replacement for Billy Duncan, Jr., effective July 27, 2013.

Request of Sheriff to accept resignation of Forest Land, Jr., Officer Civilian Detention, effective July 30, 2013. (27.72 hours or balance vacation; 16.00 hours or balance compensatory; 24.00 hours or balance holiday.)

Request of Sheriff to place Cortney Poe, Officer Civilian Detention, on payroll due to return from unpaid military leave, effective July 24, 2013.

Request of Sheriff to transfer Brandy Shepherd, Clerk IV, as replacement for Lisa

Hanson, effective July 20, 2013.

Request of Sheriff to accept resignation of Nicola Sommer, Officer Civilian Detention, effective August 11, 2013. (33.88 hours or balance vacation; 62.66 hours or balance compensatory; 24.00 hours or balance holiday.)

Request of Sheriff to increase salary of Steven “Clay” Swilling, Sergeant Patrol District I, due to promotion as replacement for Eric Ward, effective August 3, 2013.

Request of Sheriff to increase salary of Steven “Clay” Swilling, Sergeant Patrol District I, due to step increase, effective August 17, 2013. This PCRF replaces the PCRF approved in Commissioners Court July 22, 2013.

Request of Sheriff to increase salary of Aaron R. Utley, Deputy Detention, due to promotion as replacement for Zachary Vercher, effective August 3, 2013.

Request of Sheriff to accept the resignation of Kelsey Williams, Dispatcher, effective

August 5, 2013. (82.24 hours or balance vacation; 9.75 hours or balance compensatory.)

Request of Sheriff to accept resignation of Aaron Writtenberry, Officer Civilian

Detention, effective July 3, 2013. Permanent military status for 6 years. (9.84 hours or balance vacation.

Request of Tax Assessor to accept resignation of Tara Shantell Martin, Deputy Specialist

III, effective July 31, 2013. (116.34 hours or balance vacation.)

Request of Commissioner Precinct 3 to increase salary of Karie Lynn Frerichs, Clerk I, due to increased responsibilities, effective August 3, 2013.

Request of Constable Precinct 5 for accept resignation of Robert Jeffery Buchanan,

Lieutenant, effective August 5, 2013. (232.355 hours or balance vacation; 8.00 hours or balance compensatory.)

Request of Juvenile to place Christine Taunya Wood, Juvenile Supervision Officer –

JJAEP, on payroll as replacement for Jason Barajas, effective August 5, 2013.

Request of Library to place William B. Brogdon, Reference Librarian, on payroll as replacement for Jane Gillett, effective August 12, 2013.

Request of County Attorney to increase salary of Kendra O’Dell, Legal Assistant I, due to transfer into new position, effective August 24, 2013.

Request of County Attorney to place Crystal Self, Legal Assistant, III, on payroll, as replacement for Carla Thames, effective September 31, 2013.

Session of August 12, 2013

Page 17 of 19

Request of Auditor to reduce salary of Craig Price, General Ledger Accountant, due to internal transfer as replacement for Sueya Frost, effective August 19, 2013.

Request of Auditor to accept resignation of Taylor Rushing, Part Time Clerk, effective

August 23, 2013. (No benefits due.)

Request of District Clerk to increase salary of Stephanie Ashton, Court Clerk IV, due to completion of probationary period, effective August 12, 2013.

Request of District Clerk to increase salary of Katrina Blunk, Court Clerk II, due to completion of probationary period, effective August 12, 2013.

Request of District Clerk to increase salary of Audre Clay, Court Clerk IV, due to completion of probationary period, effective August 12, 2013.

Request of District Clerk to increase salary of Deborah Fagioli Duch, Court Clerk II, due to completion of probationary period, effective August 5, 2013.

Request of District Clerk to increase salary of Tracy Skinner, Court Clerk II, due to completion of probationary period, effective August 12, 2013.

Request of Juvenile to discharge Tyrone Booker, Juvenile Supervision Officer –

Substitute, effective July 31, 2013. Is not eligible for re-hire. (No benefits due.)

Request of Juvenile to accept resignation of Kathleen Megan Woods, Juvenile

Supervision Officer – Substitute, effective July 30, 2013. Is eligible for re-hire. (No benefits due.)

Request of Sheriff to transfer Michael Burnett, Deputy Patrol District II, as replacement for Michael Gratz, effective August 17, 2013.

Request of Sheriff to increase salary of Brandy Collins, Deputy Patrol, due to step increase, effective September 28, 2013.

Request of Sheriff to transfer Jason Davidson, Deputy Patrol District I, as replacement for Enrique Rupert, effective August 17, 2013.

Request of Sheriff to place Tessa Early, Temporary Data Clerk, on payroll as replacement for Jordan Bucks, effective August 7, 2013.

Request of Sheriff to increase salary of Brady Fitzgerald, Lieutenant Patrol, due to step increase, effective September 28, 2013.

Request of Sheriff to transfer Michael Gratz, Deputy Patrol District II, as replacement for

Roy Underwood, effective August 17, 2013.

Request of Sheriff to change job title of Ashley E. Guth, Clerk IV, due to job reevaluation, effective August 12, 2013.

Request of Sheriff to place Jeromy Guthrie, Officer Civilian Detention, on payroll as replacement for Forest Land, Jr., effective August 10, 2013.

Request of Sheriff to increase salary of Jermaine Jenkins, Sergeant Patrol, due to step increase, effective September 14, 2013.

Request of Sheriff to transfer Aaron Lamphier, Deputy Patrol District I, as replacement for Clay Swilling, effective August 17, 2013.

Session of August 12, 2013

Page 18 of 19

Request of Sheriff to increase salary of Alexander Lee, Deputy Patrol District V, due to promotion as replacement for Joshua Wroten, effective August 17, 2013.

Request of Sheriff to transfer Willie Mayes, Jr., Deputy Patrol District VI, as replacement for Aaron Day, effective August 17, 2013.

Request of Sheriff to increase salary of Ashley Mellon, Deputy Bailiff, due to step increase, effective September 14, 2013.

Request of Sheriff to change job title of Eduardo Nava, Clerk IV, due to job reevaluation, effective August 12, 2013.

Request of Sheriff to reduce salary of Enrique Rupert, Officer Civilian Detention, due to voluntary demotion as replacement for Aaron Utley, effective August 17, 2013.

Request of Sheriff to increase salary of Judd Russell, Sergeant Patrol, due to step increase, effective September 14, 2013.

Request of Sheriff to transfer Joshua Wroten, Deputy Detention, as replacement for Ollie

Coward, effective August 10, 2013.

Request of Building Maintenance to increase salary of Johnathan Stilley, Maintenance

Technician III, due to promotion into new position, effective July 1, 2013.

Request of Building Maintenance to increase salary of Adam Wright, Maintenance

Technician III, due to promotion into new position, effective July 1, 2013.

Request of Juvenile to increase salary of John Arthur Milo, III, Juvenile Probation

Officer, due to promotion as replacement for Travis Maxey, effective August 17, 2013.

Request of Juvenile to transfer Karen Michelle Weeks, Counselor, as replacement for

Julie Gibson, effective August 17, 2013.

Request of Juvenile to accept resignation of Kierra Williams, Juvenile Supervision

Officer – JJAEP, effective August 6, 2013. Is eligible for re-hire. (22.21 hours or balance vacation.)

Request of Drug Court to increase salary of Cortney Diane Phillips, Court Clerk IV, as replacement for Edward Huse, effective August 19, 2013.

Motion carried.

MONTGOMERY COUNTY COMMISSIONERS COURT RECESSED.

MONTGOMERY COUNTY TOLL ROAD AUTHORITY CONVENED.

CONSIDER AND ACCEPT REVISED PROPOSAL BY PTP TRANSPORTATION,

LLC FOR A TOLL CORRIDORS STUDY, AND APPROVE ORDER AUTHORIZING

DISCRETIONARY EXEMPTION PER TEXAS LOCAL GOV’T CODE 262.024(a)(4).

41. PROPOSAL ACCEPTED – TOLL CORRIDORS STUDY – MONTGOMERY

COUNTY TOLL ROAD AUTHORITY

Motion by Commissioner Meador, seconded by Commissioner Rinehart, to accept revised proposal by PTP Transportation, LLC for a Toll Corridors Study and approve

Order Authorizing Discretionary Exemption per Texas Local Government code

262.024(a)(4). Motion carried.

MONTGOMERY COUNTY TOLL ROAD AUTHORITY ADJOURNED.

Session of August 12, 2013

Page 19 of 19

MONTGOMERY COUNTY COMMISSIONERS COURT RECONVENED.

42. COURT ADJOURN

Motion by Judge Sadler, seconded by Commissioner Meador, to adjourn this session of

Court. Motion carried.

The above and foregoing minutes were read and approved by the Court.

ATTEST:

Mark Turnbull, County Clerk

Ex-Officio Clerk - Commissioners’ Court

Montgomery County, Texas

BY: ______________________________

COUNTY CLERK

______________________________

COUNTY JUDGE

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