July 1, 2013

July 1, 2013
COMMISSIONERS COURT DOCKET
JULY 1, 2013
REGULAR SESSION
THE STATE OF TEXAS
COUNTY OF MONTGOMERY
BE IT REMEMBERED that on this the 1ST day of July, 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 COMMISSIONER CRAIG DOYAL.
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 Rinehart, seconded by Commissioner Doyal, to approve
Commissioners Court Agenda for discussion and necessary action. Motion carried.
2.
MINUTES APPROVED – COMMISSIONERS COURT - COUNTY CLERK
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve
Commissioners Court Minutes for Regular Session held June 17, 2013, as presented by
the County Clerk. Motion carried.
3.
CONSENT AGENDA APPROVED - AGENDA ITEMS 8A-L
Motion by Commissioner Doyal, seconded by Commissioner Rinehart, to approve the
Consent Agenda, as follows:
COUNTY AUDITOR – AGENDA ITEMS 8A1-4
A1.
PAYMENT OF ACCOUNTS APPROVED, as submitted by the County Auditor.
A2.
CONSIDER AND APPROVE THE BUDGET AMENDMENTS FY13:
a.
Animal Control: To recognize and allocate donation and adjust line item.
b.
Civic Center Complex: To correctly record anticipated revenue budget in
Civic Center Complex Managerial Fund.
c.
Commissioner PCT 2: To recognize and allocate Glenwood Estates
settlement.
d.
Commissioner PCT 2: To adjust line items.
e.
Commissioner PCT 4: To adjust line items.
f.
EMCID/Friendship Center Grant: To allocate funds for the Friendship
Center Grant from EMCID (M28/06.03.13).
Session of July 1, 2013
Page 2 of 17
g.
Court Operations: To correctly account for anticipated juror
reimbursements from the State of Texas.
h.
Court Reporter Service Fund: To correctly classify budget for Court
Reporter Service Fund.
i.
9th District Court: To transfer funds for VPN token.
j.
District Clerk: To adjust line items.
k.
Elections Administrator: To recognize and allocate reimbursement.
l.
Fire Marshall: To recognize and allocate revenue from ATF.
m.
Fire Marshall: To recognize and allocate revenue from ATF.
n.
Forensic Services: To transfer funds for vehicle maintenance.
o.
Memorial Library: To transfer funds for electronic keypad.
p.
Sheriff: To adjust line items and allocate revenue.
q.
Sheriff: To adjust line items.
r.
Sheriff Office OCDETF – Ranch Hand: To reclass unused benefits for
OCDETF-Ranch Hand Contract.
s.
Sheriff/Response Team: To recognize and allocate funds for the NRA
Foundation Grant (M7/06.17.2013).
A3.
ACCEPTED MONTHLY UNAUDITED FINANCIAL REPORT for the month
of May 2013.
A4.
ACCEPTED REPORT of Officials’ Fees, as Audited for March 2013.
TREASURER – AGENDA ITEMS 8B1-3
B1.
APPROVED TICKET LOG for June 2013.
B2.
APPROVED PLEDGED SECURITIES for month of May 2013.
B3.
APPROVED INVESTMENT REPORT for month ending May 31, 2013.
PURCHASING – AGENDA ITEMS 8C1-6
C1.
ADVERTISING APPROVED for the following bids/proposals:
a.
C2.
RFP/Q Hardware IBM maintenance and software (AIX) Support –
Information Technology.
RENEWALS APPROVED:
a.
FORD AUDIO-VIDEO SYSTEMS LLC (P.O. #2012465) for
maintenance and upgrades of existing audio/visual systems and/or new
installations, expires 07/08/13 – Information Technology.
b.
LYNN PEAVEY COMPANY (P.O. #2012313) for crime lab supplies,
expires 07/12/13 – Various Departments.
c.
WILLOW CITY SIGN AND RAIL, INC. (P.O. #2011413) for guardrail
installation and/or repair, expires 08/12/13 – Various Precincts.
Session of July 1, 2013
Page 3 of 17
C3.
C4.
d.
WYATT RESOURCES, INC. (P.O. #2011414) for guardrail installation
and/or repair, expires 08/12/13 – Various Precincts.
e.
LAW OFFICE OF WILLIAM PATTILLO (P.O. #2013002) for private
contract defender indigent juvenile defense, expires 09/30/13 – Various
Courts.
CHANGE ORDERS:
a.
Change Order #6, P.O. #2007308 to Roger G. Barlow dba Makesense
Utility Bill Auditors for inmate phone system auditing, reporting and
troubleshooting, to cancel month to month contract effective July 8, 2013
– Infrastructure.
b.
Change Order #1, P.O. #2013250 to National Medical Services, Inc. for
laboratory testing services, for changes per documents on file – Forensic
Services.
c.
Change Order #1, P.O. #2013319 to Dustless Air Filter company for
commercial A/C filters, for changes per documents on file – Various
Departments.
d.
Change Order #22, P.O. #2009386 to Damon K. Pierce dba Diamondback
Service Management for pest control services, for changes per documents
on file – Various Departments.
e.
Change Order #6, P.O. #2008511 to Contract Pharmacy Services, Inc. for
pharmaceuticals, to cancel month to month contract effective June 30,
2013 – Sheriff.
DISCRETIONARY EXEMPTIONS:
a.
Rebel Contractors – For emergency repair of the concrete headwall at
Nichols Sawmill Road and Butera Road in the amount of $19,425.00.
262.024(a)(2) – Precinct #2.
b.
LexisNexis®, Matthew Bender®, Michie™, Shepard’s®, Anderson Publishing®, and Gould Publications™, Mealey’s and FLP
Products/CD’s/Books/Publications from Matthew Bender & Company dba
Lexis-Nexis Matthew Bender. 262.024(a)(7)(B) – Various Departments.
c.
Texas District and County Attorneys Association for seminars and law
books. 262.024(a)(7)(A)(B) – District and County Attorneys.
d.
Carroll & Blackman, Inc. – Storm Water Management Program and
assistance with compliance of permit terms. 262.024(a)(4) –
Environmental Health.
e.
Twincrest dba Twincrest Technologies
262.024(a)(7)(D) – Various Departments.
f.
LCEO LLC – Night Vision Goggles with accessories in the amount of
$43,400.00 through the GSA Schedule 84 Contract #GS-07F-0042W.
Purchase will be funded out of the 2011 UASI LEPTA Grant.
271.103(a)(b).
–
Wavetronix
Products
C5.
APPROVED LIST of items for the next online auction – Various Departments.
C6.
APPROVED REQUEST to declare miscellaneous items as salvage – Various
Departments.
Session of July 1, 2013
Page 4 of 17
RISK MANAGEMENT – AGENDA ITEMS 8D1-3
D1.
ACKNOWLEDGED payment to Sandra Culver Hinkle in the amount of $251.70
in reference to Claim #B-13-0052. Date of loss: April 25, 2013.
D2.
ACKNOWLEDGED payment to Sonic Drive-In of Conroe #2 in the amount of
$1,486.06 in reference to Claim #B-13-0053. Date of loss: April 5, 2013.
D3.
ACKNOWLEDGED payment to Elizabeth Brewer in the amount of $86.47 in
reference to Claim #B-13-0057. Date of incident: April 19, 2013.
D4.
CHANGES, ADDITIONS AND RELEASES APPROVED for the following:
BOND
24933249
61710252
15223608
15275528
16073700
15229656
18135748
61710864
61719902
NAME/DEPT
AMOUNT ACTION
Brown, Joshua/Const PCT 4
Rider/Rsv to employee
Acosta, Adam/Comm PCT 3
$5,000
New
Etheredge, Carolyn/Tax Office
Rider/job title chg
Pena, Eva/Tax Office
Rider/job title chg
Stitt, Jacky/Const PCT 3
Rider/job title chg
Urban, Jared/Const PCT 5
Rider/job title chg
Harrison, Lonnie B/Const PCT 5
Rider/Rsv to employee
Williams, Mario/Const PCT 4
5,000
Reserve/New
Spence, Seth/Const PCT 4
5,000
Reserve/New
COMMISSIONERS – AGENDA ITEMS 8E1-2
E1.
Precinct 2
a.
E2.
ASSIGNMENT APPROVED of Number 141 for the Montgomery County
Municipal Utility District to be reserved in the name of SK Law.
Precinct 3
a.
ANNUAL FINANCIAL STATEMENT APPROVED for the fiscal year
ending September 30, 2013 of Emergency Service District #8.
COMMISSIONERS – COUNTY ENGINEER – AGENDA ITEMS 8F1-3
F1.
F2.
Precinct 2
a.
FINAL PLAT APPROVED for Kinderwood Trail South, 1.793 Acres,
Archibald Hodge Survey, A-18 and James Hodge Survey, A-19.
b.
FINAL PLAT APPROVED for Woodforest Parkway South and
Kinderwood Trail South, 3.198 Acres, Archibald Hodge Survey, A-18
and James Hodge Survey, A-19.
c.
FINAL PLAT APPROVED for Woodforest, Section 31, 8.126 Acres, 24
Lots, Archibald Hodge Survey, A-18 and James Hodge Survey, A-19.
d.
ROADS ACCEPTED in Village of Decker Oaks, Section 2 into the
Montgomery County Road Maintenance System and the Bond released.
e.
ROADS ACCEPTED into one year maintenance period effective July 1,
2013 in Woodforest, Section 28; 2,385.31 Linear Feet - .45 miles.
PRECINCT 3
a.
ROADS ACCEPTED into one year maintenance period effective July 1,
2013 in Canyon Lakes at Spring Trails Discovery Creek Church
Subdivision (Rayford Road Extension); 450.07 Linear Feet - .09 miles.
Session of July 1, 2013
Page 5 of 17
F3.
b.
ROADS ACCEPTED into one year maintenance period effective July 1,
2013 in Falls at Imperial Oaks, Section 1; 3,292.37 Linear Feet = .63
miles.
c.
ROADS ACCEPTED into one year maintenance period effective July 1,
2013 in Falls at Imperial Oaks, Section 4; 4,905.7 Linear Feet = .93 miles.
d.
ROADS ACCEPTED into one year maintenance period effective July 1,
2013 in Forest Village, Section 6; 1,862.78 Linear Feet = .36 miles.
e.
REQUEST APPROVED from Level 3 Communications to place a Fiber
Optic Line within the right of way of New Trails and Technology Forest.
PRECINCT 4
a.
ROADS ACCEPTED in Deerwood, Section 4 into the Montgomery
County Road Maintenance System and the Bond released.
b.
ROADS ACCEPTED in Montgomery Creek Ranch, Section 7 into the
Montgomery County Road Maintenance System and the Bond released.
COUNTY ATTORNEY – REAL PROPERTY – AGENDA ITEMS 8G1-3
G1.
PRECINCT 2
a.
G2.
G3.
ORDER APPROVED authorizing Acceptance of Donation Deeds from
McClanahan Development, LLC, for dedication of public road right-ofway and appointing Craig Doyal as Special Commissioner to sign for the
Acceptance of the Donation Deeds.
PRECINCT 3
a.
AGREEMENT APPROVED authorizing Placement of Improvements
Within Right-Of-Way between Anadarko Realty, LLC and Montgomery
County for improvements within right-of-way described as Woodloch
Forest Drive.
b.
AGENDA ITEM WAS DEFERRED.
PRECINCT 4
a.
ORDER APPROVED Acknowledging Receipt of Check in the amount of
$20.00 from Solveig Matek for lease of real property, specifically
described as 5.190 acres, known as Tract 92, out of the Archibald Hodge
Survey, Abstract 18, Montgomery County, Texas. (Check was forwarded
to Auditor for further processing.)
CONSTABLE PRECINCT 4 – AGENDA ITEM H
H1.
APPOINTMENTS APPROVED of the following Reserve Deputy Constables for
the Montgomery County Constable Precinct 4 department:
a.
b.
Mario Williams
Seth Spence
SHERIFF – AGENDA ITEMS I
AGENDA ITEM I1 WAS MOVED TO OPEN AGENDA. (See Motion Number 15).
Session of July 1, 2013
Page 6 of 17
I2.
CHECK ACCEPTED in the amount of $1,000.00 from Devon Energy
Corporation in recognition of the Sheriff’s emergency response efforts. Funds are
to be posted to 560121-7390. (Check was forwarded to Auditor for further
processing.)
ENVIRONMENTAL HEALTH – AGENDA ITEMS J1-3
J1.
REQUEST APPROVED to install an aerobic on-site system in the 100-year
floodplain located at 19029 Nottingham, New Caney, Texas 77357
J2.
ORDER APPROVED To Abate A Public Nuisance for demolition on the
following property that is abandoned, deemed unsafe, or unlivable (funded by
Precinct 4 Commissioner):
a.
J3.
Reserve “A” also known as Lot 283, Peach Creek Forest, Section 2.
ORDERS APPROVED To Abate A Public Nuisance for demolition on the
following properties that are abandoned, deemed unsafe, or unlivable:
a.
Precinct 1
1.
2.
3.
4.
b.
10521 Sandy Lane, Willis, Texas 77318
6016 Parker Drive, Willis, Texas 77378
7960 Bilnoski Road, Willis, Texas 77378
15078 Austin Road, Willis, Texas 77378
Precinct 4
1.
20271 Alexander Lane, Porter, Texas 77365
Estimated total cost: $22,000.00. Funded by Community Development Block
Grant.
COUNTY JUDGE – AGENDA ITEMS 8K
K1.
USE AGREEMENT APPROVED as follows:
a.
Precinct 1
1.
Montgomery County Bar Association
Annual Reading of the Declaration of Independence 07/03/2013
Courthouse Steps
COUNTY ATTORNEY – AGENDA ITEMS L1-3
L1.
EXECUTED SETTLEMENT AGREEMENT & RELEASE ACKNOWLEDGED
between Montgomery County, Texas and Thousand Oaks Property Owners
Association.
L2.
INVENTORY ACCEPTED of donated lost and found items from the
Montgomery County Memorial Library System.
L3.
AGREEMENT APPROVED for Personal Services and Release of Liability
between Montgomery County and Precinct 1 Constable Dustin Rutherford, to
perform law enforcement services to be designated by Constable Don Chumley,
and authorize Personal Services Exemption pursuant to §262.024 of the TX. Loc.
Government Code and authorize County Judge to sign the Agreement.
Motion carried.
END OF CONSENT AGENDA
Session of July 1, 2013
Page 7 of 17
AGENDA ITEM 9A REGARDING A COUNTY WIDE MOBILITY STUDY WAS
DISCUSSED AT LENGTH BUT ALL VOTING IS DEFERRED UNTIL NEXT COURT
SESSION WHEN A DEFINITE DOLLAR AMOUNT IS KNOWN.
COMMISSIONER DOYAL INTRODUCED PRIVATE FIRST CLASS COURTNEY KULA,
WHO GRADUATED FROM MAGNOLIA WEST HIGH SCHOOL IN 2012, SHE ENLISTED
IN THE MARINES IN HER SENIOR YEAR, SHE IS THE DAUGHTER OF SARGEANT
THOMAS & ANGIE KULA AND HER GRANDPARENTS ARE CONSTABLE DAVID &
LINDA HILL, CONSTABLE PRECINCT 5.
4.
REAPPOINTMENT APPROVED – ADVISORY COMMITTEE – COUNTY JUDGE
Motion by Commissioner Doyal, seconded by Commissioner Meador, to approve the
Reappointment of Gil Staley as the County Representative to the Houston-Galveston
Area Council (HGAC) Gulf Coast Economic Development District Advisory Committee
for the June 2013 to May 2015 term. Motion carried.
5.
BUDGET APPROVED – MONTGOMERY CENTRAL APPRAISAL DISTRICT –
COUNTY JUDGE
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve the
proposed Montgomery Central Appraisal District 2014 Budget submitted by Mark A.
Castleschouldt, Chief Appraiser. Motion carried.
6.
RESOLUTION APPROVED – PRIVATE DONATIONS – COUNTY JUDGE
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve a
Resolution By The Montgomery County Commissioners Court Approving Acceptance of
Private Donations To The Montgomery County Historical Commission To Be Placed In
A Separate Account With The County Auditor. Motion carried.
AGENDA ITEMS 9E AND 9F WERE DEFERRED. PLEASE SEE MOTION NUMBER 36.
7.
APPOINTMENTS APPROVED –
COMMISSION – COUNTY JUDGE
MONTGOMERY
COUNTY
HISTORICAL
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve
appointing the following individuals to serve as members of the Montgomery County
Historical Commission for 2013-2014 term:
Joel Deretchin
James E. (Jim) Walker
Mar Lynn Harris
Motion carried.
8.
REQUEST APPROVED – TRANSFER MEMBERSHIP – COUNTY JUDGE
Motion by Judge Sadler, seconded by Commissioner Meador, to approve transfer of
active membership to that of “Emeritus Member” for Edith Clanton, long time member.
Motion carried.
9.
NOTICE ACKNOWLEDGED
COMMISSION
–
NEVAIRE RICHARDSON
–
HISTORICAL
Motion by Commissioner Noack, seconded by Commissioner Doyal, acknowledging the
service and passing of longtime member of the Historical Commission Nevaire
Richardson. Motion carried.
Session of July 1, 2013
Page 8 of 17
10.
APPOINTMENT APPROVED – CPS/CHILD WELFARE BOARD – COUNTY JUDGE
Motion by Commissioner Noack, seconded by Commissioner Doyal, to approve the
appointment of Steven Banes, replacing Donna Guitierrez, for a three year term to the
Montgomery County Child Protective Service/Child Welfare Board of Directors expiring
June 30, 2016. Motion carried.
11.
APPOINTMENTS APPROVED – CPS/CHILD WELFARE BOARD – COUNTY JUDGE
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve the
following appointments to the Montgomery County Child Protective Service/Child
Welfare Board of Directors:
1.
Melissa Coleman for Brian Barnhart’s unexpired term ending September 30, 2013
and reappoint her to same for a three year term expiring September 30, 2016.
2.
Sherrye Gugenheim for Melissa Humphries’ unexpired term ending September
30, 2013 and reappoint her to same for a three year term expiring September 30,
2016.
3.
Michael Maisano for another term of three years expiring September 30, 2016.
Motion carried.
MS. TERRI JAGGERS, PRESIDENT OF MONTGOMERY COUNTY CHILD PROTECTIVE
SERVICE/CHILD WELFARE BOARD GAVE A PRESENTATION OF THE ANNUAL
REPORT FOR 2012.
AGENDA ITEM 10 WAS REMOVED.
12.
SPLIT VOTE – CARRIED – NEW POSITION – EMERGENCY MANAGEMENT
Judge Sadler moved for approval of a new Clerk II position for Emergency Management
to be effective July 29, 2013. Motion was seconded by Commissioner Meador, and
carried as follows:
AYE: Judge Sadler, Commissioner Meador, Commissioner Doyal, Commissioner
Rinehart.
NAY: Commissioner Noack.
Please see Motion 38 for funding source.
COMMISSIONERS COURT RECESSED FOR PUBLIC HEARING
PUBLIC HEARING ON FILING THE APPLICATION FOR THE EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM, FY 2013, LOCAL
SOLICITATION THROUGH THE U.S. DEPARTMENT OF JUSTICE, PURSUANT
TO PUBLIC HEARING NOTICE PUBLISHED JUNE 26, 2013.
GRANT TITLED COBAN SERVER/STORAGE EXPANSION PROJECT IN THE
AMOUNT OF $64,704.00. NO MATCHING FUNDS ARE REQUIRED.
COMMISSIONERS COURT RECONVENED
13.
REQUEST APPROVED – JAG GRANT APPLICATION – SHERIFF
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve filing
the Grant Application for the Edward Byrne Memorial Justice Assistance Grant (Jag)
Program, FY 2013 and authorizing Lt. Dan Norris with the Sheriff’s office to submit the
Grant Application on behalf of the Jurisdiction electronically through the Grants
Management System. Motion carried.
Session of July 1, 2013
Page 9 of 17
14.
FUNDS ACCEPTED – HIDTA AYLOR – SHERIFF
Motion by Commissioner Meador, seconded by Commissioner Doyal, to accept the
supplemental funds for the HIDTA Year 4 Grant in the amount of $8,559.00. The Grant
Application was approved in Commissioners Court on November 5, 2012. Motion
carried.
15.
REQUEST APPROVED – TRAVEL REIMBURSEMENT - SHERIFF
Motion by Commissioner Meador, seconded by Judge Sadler, to approve travel
reimbursement of $24.12 to Melanie Bivens. Reimbursement was initially declined by
Auditor due to request being submitted beyond the 30-day time limit. Funds should be
charged to 56017-7425. Motion carried.
16.
REQUESTS APPROVED – VARIOUS REQUESTS – DISTRICT ATTORNEY
Motion by Commissioner Doyal, seconded by Commissioner Rinehart, to approve the
following requests:
a.
A Grant Award from H-GAC for the Regional DWI Task Force Grant in the
amount of $5,400.00 from October 1, 2012 to September 30, 2013.
b.
Pay Assistant District Attorneys working on the H-GAC DWI Task Force Grant a
set rate of $62.79 plus FICA and retirement also paid through the award.
c.
Authorize District Attorney Brett Ligon to sign Notice to Proceed and
Intergovernmental Agreement.
Motion carried.
17.
DONATION APPROVED – LAPTOP COMPUTER – CONSTABLE PRECINCT 4
Motion by Commissioner Doyal, seconded by Commissioner Meador, to approve a
donation from Mario Williams to the Montgomery County Constable Precinct 4 of a
Panasonic CF-19 laptop computer, S/N 1EKYA54077. Motion carried.
18.
DONATION APPROVED – $500.00 – CONSTABLE PRECINCT 4
Motion by Commissioner Noack, seconded by Commissioner Rinehart, to accept a
donation of $500.00 from Montgomery County Fair Association to the Montgomery
County Constable Precinct 4. Proceeds are to be placed in 5541-7390. Motion carried.
19.
REQUESTS APPROVED – FUNDS TRANSFER - INFRASTRUCTURE
Motion by Commissioner Doyal, seconded by Commissioner Rinehart, to approve the
following transfer of funds:
a.
Transferring technical duties of the Inmate Bond Phone Systems from Makesense
Utility Bill Auditor to T.D.&S (Telephone Data and Sound) and all other duties to
the following County Positions: 407-4213-2; 407-4213-3; and 407-8550-1.
b.
Transfer $2,988.00 from the Inmate Bond Phone System revenue to 407-4213-2.
c.
Transfer $2,988.00 from the Inmate Bond Phone System revenue to 407-4213-3.
d.
Transfer $3,597.65 from the Inmate Bond Phone System revenue to 407-8550-1.
e.
Transfer $3,500.00 per month from the Inmate Bond Phone System to T.D.&S
(Telephone Data and Sound).
Acknowledged that by restructuring duties and funds as described, approximately
$32,000.00 will be returned to the County. Please see Motion 37.
Motion carried.
Session of July 1, 2013
Page 10 of 17
20.
TRANSFER APPROVED
INFRASTRUCTURE
–
SPRING
CREEK
GREENWAY
PROJECT
-
Motion by Commissioner Noack, seconded by Commissioner Rinehart, to approve
transferring $4,796.80 to position 407-8550-1 for increasing responsibilities to include
the operational duties for the Spring Creek Greenway Project. Motion carried.
21.
PAYMENT APPROVED – ENTERGY TEXAS INC. – LONG STAR EXECUTIVE
AIRPORT
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve
payment in the amount of $8,252.49 to Entergy Texas Inc. for pre-payment of the
removal of a primary overhead single phase line and installation of underground single
phase line and transformer necessary for the improvements at the northwest end of
Hawthorne Drive. Funding source is the Airport Routine Airport maintenance Program
Grant. Motion carried.
22.
REQUEST APPROVED – POSITION CHANGES – BUILDING MAINTENANCE
Motion by Commissioner Rinehart, seconded by Commissioner Meador, to approve the
following position changes:
a.
b.
c.
d.
Close position 510-5702-8.
Close position 510-5702-15.
Open position 510-5701-14 and transfer $39,265.91 from position 510-5702-8.
Open position 510-5701-15 and transfer $38,224.43 from position 510-5702-15.
The County Auditor’s office advised there are sufficient 2013 funds in budget line item
510-7102 due to attrition. Motion carried.
23.
REPORT ACCEPTED – PERFORMANCE INDICATOR – MENTAL HEALTH
TREATMENT FACILITY
Motion by Commissioner Meador, seconded by Commissioner Rinehart, to accept the
Performance Indicator Quarterly Report for reporting period May 2013, as required by
Agreement between Montgomery County and Texas Department of State Health Services
and recommended by the Montgomery County Mental Health Treatment Facility. Motion
carried.
24.
MINUTES ACCEPTED – ADVISORY BOARD MEETING - MENTAL HEALTH
TREATMENT FACILITY
Motion by Commissioner Meador, seconded by Commissioner Doyal, to accept the
Minutes of May 21, 2013 Montgomery County Mental Health Treatment Facility
Advisory Board Meeting. Motion carried.
25.
REQUEST APPROVED – EQUIPMENT PURCHASE – JUSTICE OF THE PEACE –
PRECINCT 1
Motion by Commissioner Meador, seconded by Commissioner Rinehart, to approve
purchase of the following equipment:
a.
b.
c.
Two Apple iPad with Retina display Wi-Fi $641.78 each.
Two SIIG TouchStylus $10.31 each.
Two Logitech keyboard folio $499.99 each.
Purchase to be funded from the Justice of the Peace Technology Fund. Motion carried.
Session of July 1, 2013
Page 11 of 17
26.
REPORT ACCEPTED – CAPITAL ASSETS – AUDITOR
Motion by Commissioner Rinehart, seconded by Commissioner Doyal, to accept the
visual inspections of capital assets for the quarter ended June 30, 2013. Motion carried.
27.
BID AWARD APPROVED – EXTERNAL AUDITOR SERVICES – PURCHASING
Motion by Commissioner Noack, seconded by Commissioner Rinehart, to approve bid
for RFP/Q External Auditor Services awarded to Pattillo, Brown & Hill, LLP. Motion
carried.
28.
CONTRACT AMENDMENTS APPROVED – PRISON RAPE ELIMINATION ACT –
COUNTY ATTORNEY
Motion by Commissioner Rinehart, seconded by Commissioner Noack, to approve
Juvenile Probation Contract Amendments for the following counties to incorporate
mandatory provisions of the Prison Rape Elimination Act (PREA):
a.
b.
c.
d.
e.
f.
g.
h.
Austin County
First Judicial District/Jasper County
Grimes County
Hardin County
Liberty County
Walker County
Waller County
Tyler County
Motion carried.
29.
CONTRACT RENEWAL APPROVED – JUVENILE PROBATION – COUNTY
ATTORNEY
Motion by Commissioner Doyal, seconded by Commissioner Noack, to approve renewal
of Interlocal Agreement For The Detention of Juvenile Offenders to update notice
address for Tyler County Juvenile Probation contract. Motion carried.
30.
RESOLUTION APPROVED – COMMISSIONS ON SALES – COUNTY ATTORNEY
Motion by Commissioner Noack, seconded by Commissioner Doyal, to approve
Resolution Authorizing The Crediting Of Constable Commissions On Sales To The
Respective Constable Department. Motion carried.
31.
EASEMENT APPROVED – CONSOLIDATED COMMUNICATIONS – COUNTY
ATTORNEY
Motion by Commissioner Doyal, seconded by Commissioner Rinehart, to approve
granting of Easement to Consolidated Communications of Texas on and across
designated tract at the Lone Star Executive Airport. Motion carried.
32.
AMENDMENT APPROVED – JOE CORLEY DETENTION CENTER – COUNTY
ATTORNEY
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve First
Amendment To Management And Operations Agreement Between Montgomery County,
Texas and The GEO Group, Inc. relating to the Joe Corley Detention Center. Motion
carried.
Session of July 1, 2013
Page 12 of 17
33.
PARTIAL ASSIGNMENT APPROVED – LAND LEASE – LONE STAR EXECUTIVE
AIRPORT
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve Partial
Assignment of Land Lease Agreement With Consent of Lessor Lone Star Executive
Airport, 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. 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 JAMES C. WILLIAMSON V. THE STATE OF TEXAS,
ET AL; H-13-1259-CV IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF TEXAS – HOUSTON DIVISION. (SECTION 551.071)
CONSIDER AND DISCUSS CAUSE NO. 11-06-06311-CV-MONTGOMERY
COUNTY, TEXAS VS. CANYON CROSSING, LLC, ET AL. (SECTION 551.071)
CONSIDER AND DISCUSS DALE B. GRAVES VS. TOMBALL REGIONAL
MEDICAL CENTER; CASE #13-0004000, IN THE SUPERIOR COURT OF THE
DISTRICT OF COLUMBIA CIVIL DIVISION. (SECTION 551.071)
CONSIDER AND DISCUSS CLAIM OF CARLA THAMES. (SECTION 551.071)
CONSIDER AND DISCUSS POTENTIAL DISPOSITION OF REAL PROPERTY
LOCATED AT 1520 LAKE FRONT CIRCLE IN THE WOODLANDS. (SECTION
551.072)
CONSIDER AND DISCUSS SUIT NO. 13-05-05573-TX STYLED NEW CANEY
INDEPENDENT SCHOOL DISTRICT VS. DONALD L. BEHRENS, ET AL IN THE
284TH JUDICIAL DISTRICT COURT OF MONTGOMERY COUNTY, TEXAS.
(SECTION 551.071)
COMMISSIONERS’ COURT RECONVENED.
TAKE ACTION, ON MATTERS IN EXECUTIVE SESSION
34.
RESOLUTION AND ORDER APPROVED
Motion by Commissioner Noack, seconded by Commissioner Doyal, to approve
Resolution and Order supporting the need for the Montgomery County Attorney to
defend and prosecute on behalf of Montgomery County a suit styled James C.
Williamson v. The State of Texas, et al., and numbered H-13-1259-CV in the United
States District Court for the Southern District of Texas – Houston Division, and to incur
expenses for said action. Motion carried.
35.
RESOLUTION AND ORDER APPROVED
Motion by Commissioner Meador, seconded by Commissioner Noack, to approve
Resolution and Order to approve the retention of the Law Offices of Butzel, Long, Tighe,
Patton, PLLC as counsel for David Hill, Tommy Gage, Tommy Lowe, Felicia Webb,
David Park, Randy McDaniel, Andrew Eason, Billy Masden, and any other later named
or served Montgomery county employee, in connection with the lawsuit filed under
Cause No. 2013 CA 004000 B and styled Dale B. Graves vs. Tomball Regional Medical
Center. Motion carried.
Session of July 1, 2013
Page 13 of 17
36.
REPRESENTATIVES APPOINTED – PARCELS ANNEXED BY CONROE
Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve
appointing the following representatives to negotiate with the city of Conroe for the
provision of services in Parcel Area Numbers 2014-01 and 2014-03 being annexed by the
City of Conroe, Pursuant to Texas Local Government Code Section 43.0562(b):
a.
b.
Jim Clark
William Marshall
Deferring the balance (three representatives) until the next Commissioners Court session.
Motion carried.
37.
PAYMENT APPROVED
INFRASTRUCTURE
–
MAKESENSE
UTILITY
BILL
AUDITOR
–
Motion by Commissioner Noack, seconded by Commissioner Doyal, to approve
payment. With regard to Motion 19 - Montgomery County is currently in arrears of three
months and still has three months to go before the Contract cancels. Would like to pay
from Contingency and once the Inmate System catches up to pay Contingency back.
Motion carried.
38.
FUNDING SOURCE
MANAGEMENT
NEW
POSITION
APPROVED
–
EMERGENCY
Motion by Judge Sadler, seconded by Commissioner Meador, to approve funding source
of new Clerk II position for Emergency Management in Motion 12, in the amount of
$5,744.33 to be Contingency. Motion carried.
CITIZENS (limit of 3 minutes) – AGENDA ITEM 24
PAUL COTAY – Representing the Rayford Road Civic Association. Expressed
frustration regarding items that come with the growth of the area. Thanked the Sheriff’s
office for responding so quickly and apprehending a burglary suspect. And also
expressed concern about delays of emergency personnel due to slow moving trains on
Rayford Road.
WALTER BOYD – Revisiting his stance on absent Justices of the Peace and visiting
judges.
39.
PAYROLL CHANGE REQUEST FORMS APPROVED – HUMAN RESOURCES
Motion by Commissioner Noack, seconded by Commissioner Meador, to approve the
following Payroll Change Request forms:
Request of Animal Control to accept resignation of Justin S. Pilkington, Officer, effective
June 3, 2013. (55.21 hours or balance vacation; 4.00 hours or balance holiday.)
Request of Animal Control to place James Burton Smith, II, Officer, on payroll as
replacement for Justin S. Pilkington, effective June 22, 2013.
Request of Building Maintenance to place Billie Lemke, Custodian, on payroll as
replacement for Amanda Winborn, effective July 1, 2013.
Request of Building Maintenance to increase salary of Joseph Bachmann, Maintenance
Technician II, due to job re-evaluation as replacement for Israel Rangel, effective June
22, 2013.
Request of Building Maintenance to increase salary of Aristeo Cuevas, Jr., Maintenance
Technician II, due to promotion as replacement for Joe Bachmann, effective June 22,
2013.
Session of July 1, 2013
Page 14 of 17
Request of Building Maintenance to increase salary of Trevor Hodowanic, Maintenance
Technician I, due to job re-evaluation/promotion as replacement for Aristeo Cuevas, Jr.,
effective June 22, 2013.
Request of Commissioner PCT 4 to accept resignation of Sheldon D. Berryhill, Operator
III, effective June 12, 2013. (122.22 hours or balance vacation; 238.32 hours or balance
compensatory.)
Request of Commissioner PCT 4 to place John P. Isbell, Operator III, on payroll as
replacement for Sheldon Berryhill, effective June 24, 2013.
Request of County Attorney to discharge Carla Thames, Legal Assistant III, effective
May 29, 2013. (18.13 hours or balance vacation, 21.33 hours or balance compensatory.)
Request of County Auditor to place Taylor Rushing, Part-Time Clerk, on payroll as
replacement for Shara Moffitt, effective June 17, 2013.
Request of District Attorney to place Guadalupe Alvarez, Court Clerk IV, on salary as
replacement for Gwendolyn Stanley, effective July 1, 2013.
Request of District Clerk to increase salary of Katrina Blunk, Court Clerk II, due to
promotion as replacement for Juljana Rjepaj, effective June 17, 2013.
Request of District Clerk to increase salary of Russell Brumlow, Court Clerk II, due to
completion of probationary period, effective June 24, 2013.
Request of District Clerk to increase salary of Nichol Kirn, Clerk III, due to completion
of probationary period, effective June 17, 2013.
Request of District Clerk to promote Juljana Rjepaj, Court Clerk IV, as replacement for
Rosie Soto, effective June 7, 2013.
Request of Justice of the Peace Precinct 2 to accept resignation of Mercedes Bianca
Beyan, Court Clerk II, effective July 5, 2013. (46.50 hours or balance vacation.)
Request of Justice of the Peace Precinct 2 to accept resignation of Whitney Lynn, Court
Clerk II, effective July 3, 2013. (27.72 hours or balance vacation.)
Request of Juvenile to place Dolores De La Torre, Juvenile Probation Officer, on payroll
as replacement for Elizabeth Escamilla, effective June 24, 2013.
Request of Juvenile to correct department and position number on PCRF for Irma
Dunmire, Juvenile Probation Officer, as replacement for Floyd Smith, approved by
Commissioners Court June 17, 2013, effective June 22, 2013.
Request of Juvenile to discharge Joshua Flores, Juvenile Supervision Officer, effective
June 14, 2013. Is not eligible for re-hire. (50.19 hours or balance vacation; .375 hours or
balance compensatory.)
Request of Juvenile to accept resignation of Dwayne Rhymes, Juvenile Supervision
Officer, effective June 10, 2013. Is not eligible for re-hire. (No benefits due.)
Request of Central Library to place Nicole Bing, Library Assistant II, on payroll as
replacement for Lisa Smith, effective June 17, 2013.
Request of Recycle Station Precinct 3, to place Joshua Smith, Driver (Mosquito) on
payroll, effective June 19, 2013.
Request of Sheriff to change position number and patrol district for Justin Burk, Deputy
Patrol District V, as replacement for Jeremy Salas, effective June 22, 2013.
Session of July 1, 2013
Page 15 of 17
Request of Sheriff to place Cynthia Burnett, Clerk IV, on payroll as replacement for Teri
Logue, effective June 22, 2013.
Request of Sheriff to lay off Jennifer Castleman, Medic, due to position eliminated,
effective June 30, 2013. (51.85 hours or balance vacation; 44.77 hours or balance
compensatory; 36.75 hours or balance holiday.)
Request of Sheriff to lay off Stephen Charles, Medic, due to position eliminated, effective
June 30, 2013. (228.94 hours or balance vacation; 240.00 hours or balance
compensatory; 33.00 hours or balance holiday.)
Request of Sheriff to accept resignation of Mary J. Chauvin, Clerk IV, effective July 4,
2013. (46.20 hours or balance vacation; 13.13 hours or balance compensatory; 16.00
hours or balance holiday.)
Request of Sheriff to lay off Chelsea Chezem, Medic, due to position eliminated,
effective June 30, 2013. (24.68 hours or balance vacation; 35.13 hours or balance
compensatory; 3.00 hours or balance holiday.)
Request of Sheriff to transfer Oliver Coward, Deputy Detention, as replacement for
Robert Martin, effective June 22, 2013.
Request of Sheriff to reduce salary of Patrick Gallagher, Deputy Patrol Dist. III, as
replacement for Kenneth Morris, voluntary demotion at employee’s request, effective
June 22, 2013.
Request of Sheriff to change position number and patrol district for Jerry Guion, Corporal
Patrol Dist. I, due to transfer as replacement for Dewey Bonner, effective June 22, 2013.
Request of Sheriff to accept resignation of Kimberly Huckaba, Dispatcher, effective June 1,
2013. (No benefits due.)
Request of Sheriff to lay off Kylee Huddleston, Medic, due to position eliminated,
effective June 30, 2013. (6.24 hours or balance vacation; 17.89 hours or balance
compensatory.)
Request of Sheriff to change position number and patrol district for Jeremy Kader,
Corporal Patrol Dist. V, as replacement for Jerry Guion, effective June 22, 2013.
Request of Sheriff to lay off Connie Klose, Medic, due to position eliminated, effective
June 30, 2013. (53.17 hours or balance vacation; 26.16 hours or balance compensatory;
24.50 hours or balance holiday.)
Request of Sheriff to transfer Errett C. Leck, Deputy Patrol Dist. IV, as replacement for
Salvadore Trapani, effective June 22, 2013.
Request of Sheriff to increase salary of Robert Martin, Corporal Detention, due to
promotion as replacement for Patrick Gallagher, effective June 22, 2013.
Request of Sheriff to place Justin Mills, Dispatcher on payroll as replacement for Angela
Thompson, effective June 15, 2013.
Request of Sheriff to transfer Lauren Mock, Clerk IV – Detectives, as replacement for
Paige Pangarakis, effective June 22, 2013.
Request of Sheriff to change position number and patrol district for Kenneth Morris,
Deputy Patrol Dist. V, as replacement for Oliver Coward, effective June 22, 2013.
Request of Sheriff to lay off Minni Parker, Medic, due to position eliminated, effective
June 30, 2013. (227.87 hours or balance vacation; 240.00 hours or balance
compensatory.)
Session of July 1, 2013
Page 16 of 17
Request of Sheriff to lay off Victoria Phillips, Medic, due to position eliminated,
effective June 30, 2013. (30.81 hours or balance vacation; 97.92 hours or balance
compensatory; 24.00 hours or balance holiday.)
Request of Sheriff to transfer Jake Ryan Pullen, Deputy Patrol Dist. V, as replacement for
Craig Favorat, effective June 22, 2013.
Request of Sheriff to place Rochelle Reynolds, Officer Civilian Detention, on payroll as
replacement for Jeremy Salas, effective June 15, 2013.
Request of Sheriff to transfer Jeremy Salas, Deputy Patrol Dist. V, as replacement for
Jake Pullen, effective June 22, 2013.
Request of Sheriff to place Brandy Ann Shepherd, Clerk IV, on payroll as replacement
for Lauren Mock, effective June 22, 2013.
Request of Sheriff to accept resignation of Jessica Stover, Officer – Civilian Detention,
effective June 19, 2013. (5.80 hours or balance vacation; 164.00 hours or balance
compensation.)
Request of Sheriff to lay off Erin Waters, Medic, due to position eliminated, effective
June 30, 2013. (236.52 hours or balance vacation; 237.68 hours or balance
compensatory; 16.00 hours or balance holiday.)
Request of Sheriff to lay off William Edsel West, Supervisor-Medic, due to position
eliminated, effective June 30, 2013. (272.06 hours or balance vacation; 240.00 hours or
balance compensatory; 1.00 hours or balance holiday.)
Request of Sheriff to accept resignation of Brandy Williams-Fentress, Clerk IV – CJR,
effective June 14, 2013. (27.72 hours or balance vacation; 23.88 hours or balance
compensatory; 10 hours or balance holiday.)
Request of Tax Assessor to lay off Angela Lynn Lemaire, Assistant Chief Deputy, due to
position eliminated, effective July 11, 2013. (102.54 hours or balance vacation.)
Request of County Treasurer to accept resignation of Stephanne H. Laviolette,
Coordinator – Payroll, to fill position of County Treasurer as appointed by
Commissioners Court on June 3, 2013, effective June 30, 2013. (99.32 hours or balance
vacation; 158.33 hours or balance compensatory.)
Request of County Treasurer to place Stephanne H. Laviolette, County Treasurer, on
payroll as replacement for Martha Gustavsen, effective July 1, 2013.
Request of Justice of the Peace Precinct 4 to reduce salary of Dora Garcia, Court Clerk II,
due to transfer as replacement for Dayana Velazquez, effective June 29, 2013.
Request of Justice of the Peace Precinct 4 to accept resignation of Dayana Velazquez,
effective June 28, 2013. (11.42 hours or balance vacation ; 1.00 hours or balance
compensatory.)
Request of Sheriff to increase salary of Daniel Pena, Deputy SWAT, as replacement for
Fredrico Cano, effective June 24, 2013.
Request of Sheriff to transfer Brandy Ann Shepherd, Clerk IV, effective July 1, 2013.
Motion carried.
Session of July 1, 2013
Page 17 of 17
RECESSED MONTGOMERY COUNTY COMMISSIONERS COURT.
CONVENED MEETING OF MONTGOMERY COUNTY TOLL ROAD AUTHORITY.
JENNIE N. TARABORELLI, MANAGING PARTNER AT PTP TRANSPORTATION
GAVE A TOLL FEASIBILITY STUDY PRESENTATION AND THERE WAS A
DISCUSSION REGARDING THE PRESENTATION.
Motion by Commissioner Meador, seconded by Judge Sadler to move forward with the
study. Commissioner Noack abstained. Funding source will be the Montgomery County
Commissioners Court. First Feasibility Study will be on the East Side and ready in a few
months, with the Second Feasibility Study following right behind, with everything being
turned in before the end of the year.
ADJOURNED MEETING OF MONTGOMERY COUNTY TOLL ROAD AUTHORITY.
RECONVENED COMMISSIONERS COURT.
41.
COURT ADJOURNED
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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