October 28, 2013

October 28, 2013

COMMISSIONERS COURT DOCKET

OCTOBER 28, 2013

REGULAR SESSION

THE STATE OF TEXAS

COUNTY OF MONTGOMERY

BE IT REMEMBERED that on this the 28 th

day of October, 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 JERILYN WILLIAMS.

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 Doyal, seconded by Commissioner Meador, to approve

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

2. RESOLUTION - UNITED WAY CAMPAIGN KICKOFF

Motion by Commissioner Doyal, seconded by Commissioner Meador, to approve the start of the United Way Campaign of 2013. Commissioner Doyal is Campaign Chair and the goal for this year is $61,600.00. The Committee consists of Darin Bailey, Melissa

Baker, Catherine Cain, Tanya Darrenberger, Marie Moore, Pam Robichaux, Lori

Stafford, Tammie Walterbach and Jeri Williams. Motion carried.

3. MINUTES APPROVED – COMMISSIONERS COURT - COUNTY CLERK

Motion by Judge Sadler, seconded by Commissioner Doyal, to approve Commissioners

Court Minutes for Regular Session on October 14, 2013 as presented by the County

Clerk. Motion carried.

4. CONSENT AGENDA APPROVED - AGENDA ITEMS 9A-I

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

Consent Agenda, as follows:

COUNTY AUDITOR – AGENDA ITEMS 9A1-6

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

A2. CONSIDER AND APPROVE THE BUDGET AMENDMENTS FY13: a. Animal Control: To allocate donation. b. C/P CO 2012: To adjust line items. c. Commissioner Precinct 4 – TxDOT REIM: To recognize and allocate

TxDot reimbursement for Sorters Road.

Session of October 28, 2013

Page 2 of 17 d. Constable Precinct 1: To adjust line items. e. Constable Precinct 3: To recognize and allocate donation. f. Constable Precinct 4: To adjust line items and allocate revenue. g. County Engineer: M24/05.04.09 – On call transportation services. h. District Attorney: Adjust line items. i. 9 th

District Court: To adjust line items. j. Elections Administrator: To recognize and allocate reimbursements. k. Extension Agents: To recognize and allocate donation. l. Juvenile Probation/State AID – A/14: To adjust line items for Cell Phone

Allowance. m. Juvenile Probation – Detention: To recognize and allocate reimbursement received National School Lunch Program for July/13. n. HGAC – Juvenile MH Services: To adjust line items. o. Juvenile Power Recovery Court Yr7/14: To adjust line items. p. Managed Assigned Counsel Program: To adjust line items. q. Managed Assigned Counsel Program: To adjust line items for PO

54500060. r. MCCD HUD/ESGP 2011 - $81,090 YR 2: To adjust line items. s. t.

MCCD HUD/ESGP 2011 - $81,090 YR2: To adjust line items.

Risk Management: To adjust line items. u. Sheriff – Auto Theft: To move match funds to correct lines. v. Sheriff – Auto Theft: To recognize and allocate sale of vehicle. w. Sheriff – STEP Speed FY 13: To adjust line items. x. Sheriff: To adjust line items. y. Sheriff: To correct budget amendment on October 14, 2013.

A3. CONSIDER AND APPROVE THE BUDGET AMENDMENTS FY14: a. Airport – RAMP Grant: To recognize and allocate grant award for RAMP

Project – Fiscal Year 2014 (M28/10.14.13). b. Commissioner Precinct 4: To adjust line items. c. Constable Precinct 1: To transfer funds for Constable 1 VPN. d. Constable Precinct 3: To recognize and allocate sales commission revenues. e. f.

Constable Precinct 4: To adjust line items.

Constable 4: To recognize and allocate sales commission revenues. g. County Judge: to transfer funds for burial expense. h. Juvenile Probation/State Aid – A/14: To adjust line items for Cell Phone

Allowance. i. j.

Sheriff: To adjust line items.

Tax Assessor/Collector: To adjust line items per Motion #5 on

09/30/2013.

A4. OFFICIALS’ FEES ACCEPTED as audited for August 2013.

A5. REPORT ACCEPTED of Cash Count and Deposit Findings for Quarter ending

September 30, 2013.

Session of October 28, 2013

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A6. ENGAGEMENT LETTER APPROVED for BLX Group, LLC for Arbitrage

Rebate Compliance Services authorizing Judge Sadler to sign.

TREASURER – AGENDA ITEMS 9B1-8

B1. STATEMENT OF BALANCES APPROVED for September 2013.

B2. ANNUAL STATEMENT OF BALANCES APPROVED for October 2012 through September 2013.

B3. UPDATED BANK RESOLUTION APPROVED for Woodforest National Bank.

B4. MONTHLY REPORT APPROVED of Pledge Securities for September 2013.

B5. MONTHLY INVESTMENT REPORT APPROVED for September 2013.

B6. QUARTERLY INVESTMENT REPORT APPROVED for July through

September 2013.

B7. PLEDGE AND/OR RELEASE OF COLLATERAL APPROVED for September

2013.

B8. TICKET LOG APPROVED for September 2013.

TAX ASSESSOR/COLLECTOR – AGENDA ITEMS 9C1-2

C1. MONTHLY TAX COLLECTION REPORT APPROVED for month ending

September 30, 2013.

C2. COLLECTION REPORT ACCEPTED: 2012/2013 Year End Collection Report for period October 1, 2012 through September 30, 2013.

PURCHASING – AGENDA ITEMS 9D1-9

AGENDA ITEM 9D1a MOVED TO OPEN – SEE MOTION 24.

D1. ACTION ON BID/CONTRACTS: b. Awarded to Cleveland Asphalt Products, Inc. (Project 2013-0052) for emulsified asphalt for in-place recycling and dust control – Various

Precincts. c. Action taken on bids for Project #2014-0003 – New Vehicles – Various

Departments:

DEFERRED:

BID IA – 2013 Full-size Sports Utility PPV

BID VA – 2013 ¾ Ton short bed, Crew cab 4 x 2 truck

BID VIB – 2014 ¾ Ton Short Bed, Crew cab 4x4 truck

BID VIIA & B – 2013 & 2014 One ton passenger van

REJECTED:

BID IIA – 2013 Mid-size vehicle w/PPV SAG

BID IIIA – 2013 ½ ton short bed, crew cab 4x2 truck

BID IVA – 2013 Full-size SSV vehicle

BID VIA – 2013 ¾ ton short bed, crew cab 4x4 truck

Session of October 28, 2013

Page 4 of 17

D2. RENEWALS APPROVED for the following: a. b. Tyler Technologies, Inc. (P.O. 2013126) for licensed software implementation and professional services, expires 12/16/13 – Various

Departments. c.

Coin Copiers, Inc. (P.O. #2012510) for coin operated copy machines and computer printer services, expires 12/02/13 – Various Departments.

Gullo Ford Mercury of Conroe (P.O. 2012130) for automotive original equipment manufactured parts for Ford and Chevrolet, expires 01/08/14 –

Various Departments. d. Buckalew Chevrolet, Inc. (P.O. 2012131) for automotive original equipment manufactured parts for Ford and Chevrolet, expires 01/08/14 –

Various Departments. e. f.

Dell Marketing, LP (P.O. 2013177) for Dell products and related services, expires 01/09/14 – Various Departments. Note: Changes per documents on file.

Kofile Preservation, Inc. (P.O. 2012132) for preservation and scanning of historical documents, expires 01/08/14 - Various Departments.

D3. CHANGE ORDERS APPROVED: a. Change Order #2 (P.O. 2013096) to One Source Arbor Care, LLC to cancel contract for alternate tree and tree limb removal from right-ofways, County roads and County buildings in Montgomery County effective October 28, 2013 – Various Departments. b. Change Order #2 (P.O. 2012097) to JR’s Turf Specialists to cancel the contract for alternate tree and tree limb removal from right-of-ways,

County roads and County buildings in Montgomery County effective

October 28, 2013 – Various Departments. c. Change Order #1 (P.O. 2013070) to Ryker Tree Services, Inc. to cancel the contract for alternate tree and tree limb removal from right-of-ways,

County roads and County buildings in Montgomery County effective

October 28, 2013 – Various Departments. d. Change Order #2 (P.O. 2012550) to Diamond Commercial Construction,

Inc. in the amount of $20,101.00 to replace damaged paving at loading dock and to add one hundred two (102) additional weather days for

Montgomery County Jail additions – Infrastructure. e. f.

Change Order #1 (P.O. 2013385) to Agustin Gutierrez, MA, LPC, PC for adult counseling services, changes per documents on file – Adult

Probation.

Change Order #6 (P.O. 2009043) to Cleveland Asphalt Products, Inc. to cancel month to month services for emulsified recycling asphalt (dust control), effective immediately – Various Precincts.

D4. DISCRETIONARY EXEMPTIONS APPROVED: a. CATALINA ELJURE, M.A. for providing non-residential Services.

§262.024(a)(4) – Juvenile. b. SANDY DUNNUCK for providing non-residential Services.

§262.024(a)(4) – Juvenile.

c.

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PSYCHOLOGICAL SERVICES CENTER for providing non-residential

Services. §262.024(a)(4) – Juvenile. d. THOMAS POLYGRAPH SERVICE for providing non-residential

Services. §262.024(a)(4) – Juvenile. e. f.

WALTER QUIJANO, PhD for providing non-residential Services.

§262.024(a)(4) – Juvenile.

RONALD J. MASSEY for providing non-residential Services.

§262.024(a)(4) – Juvenile. g. PEGASUS SCHOOLS, INC. for providing residential services.

§262.024(a)(4) – Juvenile. h. GULF COAST TRADES CENTER for providing residential services.

§262.024(a)(4) – Juvenile. i. AZLEWAY, INC. for providing residential services. §262.024(a)(4) –

Juvenile. j. MONTGOMERY COUNTY YOUTH SERVICES for providing residential services. §262.024(a)(4) – Juvenile. k. PHOENIX HOUSES OF TEXAS for providing residential services.

§262.024(a)(4) – Juvenile. l. THE TREEHOUSE CENTER, INC. for providing residential services.

§262.024(a)(4) – Juvenile. m. 4M YOUTH SERVICES – ROCKDALE REGIONAL JUVENILE

JUSTICE CENTER for providing residential services. §262.024(a)(4) –

Juvenile. n. HAYS COUNTY JUVENILE BOARD for secure long-term and shortterm residential service for juvenile offenders. §262.024(a)(4) – Juvenile. o. 4M GRANBURY YOUTH SERVICES, INC. dba GRANBURY

REGIONAL JUVENILE JUSTICE CENTER for secure long-term residential service of juvenile offenders. §262.024(a)(4) – Juvenile. p. PROQUEST LLC for UMI newspapers in Microform and Print Indexes,

HeritageQuest Platform/HeritageQuest Online, ProQuest

Platform/ProQuest Research Library and E-Resources and Access

Management Services. §262.024(a)(7) – Library. q. 3M COMPANY for equipment/supplies radio frequency detection system/books. §262.024(a)(7) – Library. r. s.

HART INTERCIVIC for the purchase of eSlate voting equipment, parts and supplies. §262.024(a)(7)(A) – Elections.

CONROE FAMILY MEDICINE, PA for physician services.

§262.024(a)(4) – Juvenile.

D5. REJECTING AND RE-ADVERTISING APPROVED for Montgomery County

Courts window replacement and mechanical changes (Project #2013-0043) –

Infrastructure.

D6. AUCTION LIST APPROVED of miscellaneous items for the next online auction

– Various Departments.

Session of October 28, 2013

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D7. REQUEST APPROVED declaring miscellaneous items as salvage – Various

Departments.

D8. NAME CHANGE APPROVED of LexisNexis to File & ServeXpress effective

November 1, 2012.

D9. AMENDMENT APPROVED to Contract with File & ServeXpress to provide electronic court filing system on a month to month basis effective November 5,

2013.

AGENDA ITEM RISK MANAGEMENT 9E MOVED TO OPEN COURT [SEE MOTION 37]

COMMISSIONERS – AGENDA ITEMS 9F1-2

F1. PRECINCT 1 a. USE AGREEMENTS APPROVED:

1. Wedding Ceremony

March 8, 2014 – Softball field

Gene Campbell Sports Park

2. Montgomery Shock Softball

Practice – Softball field

West Montgomery County Park

3.

F2. PRECINCT 4

Montgomery County Food Bank,

December 6, 2013

Channel 13 Annual Share Your Holiday Food Drive

Court House Steps a. USE AGREEMENTS APPROVED:

1. CYBA – Cleveland Texans

Baseball practice

Ipes Sports Park b. CHECK ACCEPTED in the amount of $2,054.98 from City of Roman

Forest for the purchase of fuel for the month of September, 2013. To be deposited into account 615.7926. c. REQUESTS APPROVED in changes of ESD #11. Accepted resignation of Board Commissioner Kenneth Kennedy and appointment of Chris

Lentini as replacement to fill out remaining term of office ending

December 31, 2013.

COMMISSIONERS – COUNTY ENGINEER – AGENDA ITEMS 9G1-3

G1. PRECINCT 2 a. FINAL PLAT APPROVED for High Meadow Estates, Section 3; 96.391 acres; Jacob Eyler Survey; A-192. b. c.

FINAL PLAT APPROVED for Mostyn Manor, Section 5; 27.180 Acres;

Cyrus Wickson Survey; A-600.

STREETS ACCEPTED into one year maintenance period in The

Meadows at Jacobs Reserve, Section 2; 3,801.96 Linear Feet = .72 miles, effective October 28, 2013.

Session of October 28, 2013

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G2. PRECINCT 3 a. REQUEST APPROVED for Stripes LLC to place a 12” water line and 8” sanitary sewer line within the right of way of Birnham Woods Drive in

Montgomery County.

G3. PRECINCT 4 a. REQUEST APPROVED for City of Conroe to place a waterline and force main line within the right of way of Harpers Landing Boulevard, Trade

Center PARKWAY, Firehouse Road in Montgomery County.

COUNTY ATTORNEY – REAL PROPERTY – AGENDA ITEM 9H

H1. PRECINCT 2 a. ORDER APPROVED Allowing Partial Lot Conveyance Without A Replat for Lake Windcrest, Section One.

DISTRICT CLERK – AGENDA ITEM 9I

I1. DEPUTATION APPROVED of the following District Clerk’s employees: a. b. c.

Corrina Ferrara

Hollie Greene

Tracy Hutchison

ENVIRONMENTAL HEALTH – AGENDA ITEMS J1-2

J1. VARIANCE APPROVED to install an aerobic on-site system in the 100-year floodplain located at 28935 Post Oak Run, Magnolia, Texas 77355.

J2. VARIANCE APPROVED to install an aerobic on-site system in the 100-year floodplain located at 31822 Sheppard Street, Pinehurst, Texas 77362.

CONSTABLE PRECINCT 3 – AGENDA ITEM K1

K1. REQUEST APPROVED consenting to the acknowledgement by Rayford Road

Municipal Utility District’s approval of the Step pay program related to the current Agreement.

COUNTY ATTORNEY – AGENDA ITEM L1

L1. UNILATERAL AMENDMENT APPROVED to Contract #23617441 by Texas

Department of Family and Protective Services to incorporate new or revised laws.

Motion carried.

END OF CONSENT AGENDA

AGENDA ITEM 22B1 MISTAKENLY MARKED AS MOTION 5. THIS ITEM DISCUSSED

GRAY AREAS OF EAST MONTGOMERY COUNTY RECEIVING SERVICES OF

EMERGENCY SERVICE DISTRICTS – COMMISSIONER PRECINCT 4

Carter Johnson, Fire Chief, Porter Fire Department and Chief Jeff Taylor, Fire Chief, New Caney

Fire Department spoke regarding areas not paying ESD taxes for services provided. Need to bring areas that are in Montgomery County yet outside of their ESDs into ESDs where they have the same fire protection as the rest of the County. ESD #8 also has a large area outside of their

ESD. Can something be done with the County Fire Code for those that don’t have fire protection due to being outside an ESD? To be brought into an ESD there has to be a petition by the residents outside the ESD, and two votes to assume them into the area. Judge Sadler suggested that the Chiefs take this to the County Attorney and come back to Court with the options.

6.

7.

Session of October 28, 2013

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REQUESTS APPROVED – TAX REFUNDING BONDS – COUNTY JUDGE

Motion by Judge Sadler, seconded by Commissioner Doyal, to approve the following: a. Agreement with Fulbright and Jaworksi, LLP to represent County as Bond

Counsel in connection with the issuance of Montgomery County, Texas Limited

Tax Refunding Bonds, Series 2013, and authorize County Judge to execute same. b. Order authorizing the issuance of Montgomery County, Texas Limited Tax

Refunding Bonds, Series 2013; delegating authority to approve final pricing terms of the Bonds and to execute final Agreements; and matters incident thereto.

Motion carried.

PURCHASE APPROVED – SOFTWARE – JUSTICE OF THE PEACE PRECINCT 3

Motion by Commissioner Noack, seconded by Commissioner Doyal, to approve the purchase of Acrobat Pro XL computer software, in the amount of $262.60, using funds from the Justice of the Peace Technology Fund. Motion carried.

8. REQUEST APPROVED – FORWARDING FUNDS – SHERIFF

Motion by Commissioner Meador, seconded by Commission Doyal, to approve carrying forward Fiscal Year 2013 funding to 2014 in the following MCSO budget lines:

Jail Repairs

Radio Expense

Admin Supplies

Fleet Maintenance

Detectives Cold Case

Motion carried.

5121.7351 $ 40,126.34

560163.7422 $ 17,305.59

5601.7390 $ 9,000.00

560171.7354 $ 6,000.00

56017.74193 $ 7,481.16

9. REQUEST APPROVED – ADDITIONAL DETENTION OFFICER – SHERIFF

Motion by Commissioner Noack, seconded by Commissioner Doyal, to approve an additional Detention Officer added to the Jail budget with an annual salary of $34,048.00.

Position will be funded monthly from the Jail Commissary account and will be responsible for the supervision of inmates within the jail’s recreational program. Motion carried.

10. REQUEST APPROVED – MOVE POSITION - SHERIFF

Motion by Commissioner Doyal, seconded by Commissioner Noack, to approve moving the following Deputy position to the Sheriff Office Jail Budget from the Sheriff Budget.

The particular position pertains to supervising roadside trash pickup and falls under the

Jail’s jurisdiction:

Close position 5601.5903.39

Open position 5121.5803.54

$64,844.91

$42,500.00

Motion carried.

11. REQUEST APPROVED – FILING SCAAP REPORT – SHERIFF

Motion by Commissioner Noack, seconded by Commissioner Meador, to approve the filing of the Bureau of Justice State Criminal Alien Assistance Program

(SCAAP) report for period ending July 5, 2012. Motion carried.

Session of October 28, 2013

Page 9 of 17

12. AWARD ACCEPTED – FY 2013 SCAAP - SHERIFF

Motion by Commissioner Noack, seconded by Commissioner Doyal, to accept the Fiscal

Year 2013 SCAAP award in the amount of $100,592.00 and authorize Lieutenant Rocky

Quertermous with the Montgomery County Sheriff Office to accept the award on behalf of

Montgomery County electronically through the Grants Management System. Motion carried.

13. REQUEST APPROVED – DE-OBLIGATION OF FUNDS – DISTRICT ATTORNEY

Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve the deobligation of funds in the amount of $936.74 for the 2013 Domestic Violence Prosecutor

Grant. Motion carried.

14. REQUEST APPROVED - FUNDING SOURCE – FIRE MARSHAL

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

Contingency as a funding source for a budget shortage in the Fire Marshal’s 2012-2013

Operational Budget ($418.62 in shortages for the 7400 line items). MCFMO will use surplus funds from salary line 7102, specifically the pooled position. Motion carried.

15. REQUESTS APPROVED – LIBRARY CLOSURES – LIBRARY

Motion by Commissioner Noack, seconded by Commissioner Doyal, to approve request to close the Library system on the following dates, based on policy and the 2014 Holiday

Schedule: a. b. c.

April 19, 2014 – Following Good Friday

July 5, 2014 – Following July 4 th

November 29, 2014 – Following Thanksgiving

Also approved request to close the Library system at 5:00 p.m. on the following dates that precede a holiday: a. Tuesday, December 31, 2013 – Before New Year’s Day b. Wednesday, November 26, 2014 – Before Thanksgiving c. Tuesday, December 23, 2014 – Before Christmas Break

Motion carried.

16. REQUEST APPROVED – CHANGE POSITION – INFORMATION TECHNOLOGY

Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve the change of position 503-3930-500 from a part-time position to full time, to be funded by

Contingency beginning January 1, 2014. Opposed by Commissioner Noack. Motion carried.

17. PURCHASE APPROVED – SOFTWARE LICENSE – JUSTICE OF THE PEACE

PRECINCT 2

Motion by Commissioner Doyal, seconded by Commissioner Meador, to approve the purchase of two licenses for Adobe 9 program at the cost of $526.00, using funds from the Justice of the Peace Technology Fund. Motion carried.

Session of October 28, 2013

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18. BID AWARDS APPROVED – NEW VEHICLES – VARIOUS DEPARTMENTS

Motion by Commissioner Noack, seconded by Commissioner Rinehart, to approve awarding the following Contracts (Project #2014-003) to:

Caldwell Country Chevrolet – Constable 3:

BID I-B (4) 2014 Full-size Sport Utility Vehicles with Police Package at a cost of

$28,550.00 each for a total of $114,200.00.

Gullo Ford – Precinct 3:

BID III-B (4) 2014 ½ ton short bed, Crewcab 4x2 truck at a cost of $24,200.00 each for a total of $96,800.00.

BID VB (2) 2014 ¾ ton short bed, Crewcab 4x2 truck at a cost of $26,300.00 each for a total of $52,600.00.

Financing to follow. Motion carried.

19. CONTRACT AWARDED – FOOD BANK – MONTGOMERY COUNTY

COMMUNITY DEVELOPMENT

Motion by Commissioner Doyal, seconded by Commissioner Rinehart, to approve awarding Contract (Project #2013-0057) to FES-Southwest, Inc. for refrigeration equipment for Montgomery County Food Bank, in the amount of $175,980.00. Motion carried.

20. CONTRACT AWARDED – RAYFORD-SAWDUST ROAD – PRECINCT 3

Motion by Commissioner Noack, seconded by Commissioner Rinehart, to approve awarding Contract (Project #2014-006) to 4C Construction Services for interchange modification plans for IH-45 at Rayford-Sawdust Road, in the amount of $126,776.81.

Motion carried.

21. PURCHASE APPROVED – EXCAVATOR – PRECINCT 3

Motion by Commissioner Noack, seconded by Commissioner Rinehart, to approve the purchase of one Gradall XL 3100 Telescoping Boom Excavator with accessories from

Associated Supply Company (ASCO) in the amount of $304,037.00 through the

Interlocal Agreement with HGAC Contract #EM06-13. Financing to follow. Motion carried.

22. PURCHASE APPROVED – DUMP TRUCKS – PRECINCT 4

Motion by Commissioner Rinehart, seconded by Commissioner Noack, to purchase three

Freightliner Dump Trucks with accessories from Houston Freightliner, Inc. in the amount of $311,059.00 through the Interlocal Agreement with HGAC Contract #HT11-12.

Financing to follow. Motion carried.

23. DISCRETIONARY EXEMPTION APPROVED – DIGITAL X-RAY SYSTEM -

EMERGENCY MANAGEMENT

Motion by Commissioner Rinehart, seconded by Commissioner Meador, to approve the discretionary exemption of QSA Global, Inc. for purchase of a digital x-ray system in the amount of $62,940.17 through the GSA Schedule 84 Contract #GS-07F-0280T. To be funded out of the 2012 UASI Grant. §271.103(a)(b). Motion carried.

Session of October 28, 2013

Page 11 of 17

24. CONTRACT AWARDED – FOOD BANK – MONTGOMERY COUNTY

COMMUNITY DEVELOPMENT

Motion by Commissioner Noack, seconded by Commissioner Meador, to approve awarding Contract to Nicol Scales and Measurement for digital floor scale equipment for

Montgomery County Food Bank (Project #2013-0055) in the amount of $11,473.00.

Motion carried.

25. FUNDING SOURCE APPROVED – TEXCOM C-13-0090 – COUNTY ATTORNEY

Motion by Commissioner Doyal, seconded by Commissioner Rinehart, to approve funding source regarding TexCom C-13-0090 authorizing the Montgomery County

Attorney to incur expenses as necessary for the proper defense and negotiation of Cause

No. 4:13-CV-02789 styled TexCom Disposal, LLC V. Montgomery County, et al.

Motion carried.

26. AGREEMENT APPROVED – HUD HOME INVESTMENT PARTNERSHIPS

PROGRAM – COUNTY ATTORNEY

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

HUD Home Partnerships Program Agreement for Fiscal Year 2013 Federal Home Funds to Walker Montgomery Community Development Corporation for construction of 12 single family homes for special needs citizens and seniors. Motion carried.

27. AMENDMENT APPROVED – HUD HOME INVESTMENT PARTNERSHIPS

PROGRAM – COUNTY ATTORNEY

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

Amendment To Contract For Home Partnerships Program with Walker Montgomery

Community Development Corporation for Fiscal Year 2011. Motion carried.

28. CDBG AGREEMENT APPROVED – TEXAS NEW COMMUNITY ALLIANCE-NEW

DANVILLE – COUNTY ATTORNEY

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

Year 2013 Community Development Block Grant (CDBG) Agreement Between

Montgomery County and Texas New Community Alliance – New Danville for construction of wastewater treatment facility servicing a center for developmentally disabled adults. Motion carried.

29. CDBG AGREEMENT APPROVED – MISSION NORTHEAST – COUNTY

ATTORNEY

Motion by Commission Rinehart, seconded by Commissioner Meador, to approve the

Agreement Between Montgomery County and Mission Northeast for building construction. Motion carried.

30. CONTRACT APPROVED – COLLECTION OF FINES – COUNTY ATTORNEY

Motion by Commissioner Rinehart, seconded by Commissioner Doyal, to approve Contract between Montgomery County and Graves, Humphries, Stahls, Ltd for collection of delinquent Justice of the Peace fines and fees. Motion carried.

31. AGREEMENT APPROVED – FM 2978 & 1488 SHERIFF SUBSTATION – COUNTY

ATTORNEY

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

Agreement For Interim Funding Of Montgomery County Sheriff Substation between

Montgomery County and the Westwood Magnolia Improvement District, located at FM

2978 and FM 1488. Motion carried.

Session of October 28, 2013

Page 12 of 17

AGENDA ITEM 19G WAS DEFERRED.

32. ORDER APPROVED – CODE OF CRIMINAL PROCEDURE ARTICLE 59.06 –

COUNTY ATTORNEY

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

Resolution and Order for the Auditor to conduct all Montgomery County audits required by

Article 59.06 of the Code of Criminal Procedure. Motion carried.

33. REQUESTS APPROVED – VARIOUS DOCUMENTS – MENTAL HEALTH

TREATMENT FACILITY

Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve acceptance of the following documents: a. b. Patient Safety Program Plan for 2013-2014 as recommended by the Montgomery

County Mental Health Treatment Facility Advisory Board and as set forth in documents on file. c.

Minutes of September 17, 2013 Montgomery County Mental Health Treatment

Facility Advisory Board Meeting, as set forth in documents on file.

Performance Indicator Report for the month ending 09/30/2013, as required by

Agreement between Montgomery County and Texas Department of State Health

Services and recommended by Montgomery County Mental Health Treatment

Facility Advisory Board.

Motion carried.

AGENDA ITEM 21A WAS DEFERRED.

34. REQUEST APPROVED – SPRING CREEK GREENWAY NATURE CENTER –

COMMISSIONER PRECINCT 3

Motion by Commissioner Noack, seconded by Commissioner Rinehart, to approve taking action on accepting donations at the Spring Creek Greenway Nature Center. Electronic documentation and on-site receipting for donations will be utilized once staff training is complete. Motion carried.

35. APPOINTMENT APPROVED – JAIL EXPANSION COMMITTEE – COMMISSIONER

PRECINCT 3

Motion by Commissioner Noack, seconded by Commissioner Doyal, to approve the appointment of Rand Henderson as a member to the Montgomery Jail Expansion

Committee. Motion carried.

36. REQUEST APPROVED – JAIL EXPANSION COMMITTEE – COMMISSIONER

PRECINCT 3

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

Alan B. Sadler as an advisor to the Montgomery County Jail Expansion Committee.

Motion carried.

37. REQUESTS APPROVED – VARIOUS ITEMS – RISK MANAGEMENT

Motion by Commissioner Noack, seconded by Commissioner Rinehart, to approve the following: a. Renewal of the optional Dental care provider Humana/CompBenefits for the Plan

Year beginning January 1, 2014. The County does not contribute to this program.

No change in rate or benefits for the 2014 plan year. Director or Assistant Director of Risk Management is authorized to sign all necessary documents on behalf of

Montgomery County.

b. c. d.

Session of October 28, 2013

Page 13 of 17

Renewal of the optional Vision care provider UnitedHealthcare Vision for the Plan

Year beginning January 1, 2014. The County does not contribute to this program.

No change in rate or benefits for the 2014 plan year. Director or Assistant Director of Risk Management is authorized to sign all necessary documents on behalf of

Montgomery County.

Renewal of Employee Assistance Program with Deer Oaks EAP Services for the

Plan Year beginning January 1, 2014. No change in rate or benefits for the 2014 plan year. Director or Assistant Director of Risk Management is authorized to sign all necessary documents on behalf of Montgomery County.

Use of County computers by employees for on-line enrollment for employee benefits for the 2014 plan year during the business day or after hours. Estimated dates for enrollment are November 5 through November 22, 2013. e. f. g. h.

The Risk Management Department is authorized to automatically re-enroll currently participating employees into the 2014 benefits if the employee did not turn in any re-enrollment forms or use online enrollment. 2014 benefits will be based on what the employee chose for the 2013 plan year with the applicable 2014 rates or fees.

The annual election that allows the Montgomery County Employee Benefit Plan to be exempt from sections of the “Health Insurance Portability and Accountability

Act” (HIPAA) as allowed by Federal law for the plan year beginning January 1,

2014 and ending December 31, 2014 and authorize the Director of Risk

Management to sign all necessary documents on behalf of Montgomery County.

Montgomery County participating in the 2014 TAC Silver Choice retiree medical program. The County does not contribute to this program. Director or Assistant

Director of Risk Management is authorized to sign all necessary documents on behalf of Montgomery County.

Payment to Progressive County Mutual Insurance Company, as subrogee of Eric

Wuennenber in the amount of $2,625.30 in reference to Claim B-13-0086, incident date of 02/25/13, acknowledged and recorded into the Minutes. i. Changes, additions and releases on the following surety bonds:

BOND NO. NAME/DEPT.

15486582 James Williams/Fire Marshal

61499182 Michael Jaimes/Const Pct 4

13397681 Craig E. Adams/Const Pct 1

61463297 McCown, Richard/Const Pct 2

AMOUNT

$5,000

5,000

ACTION

Renew/Cont Cert

Renew/Cont Cert

5,000 Reserv/Cont Cert

5,000 Reserv/Cont Cert

THE COURT RECESSED FOR EXECUTIVE SESSION PURSUANT TO ONE OR MORE OF

THE FOLLOWING PROVISIONS OF THE TEXAS GOVERNMENT CODE, TO WIT:

CHAPTER 551, SUB-CHAPTER D, ARTICLES 551.071

EXECUTIVE SESSION – AGENDA ITEM 23A: CONSIDER AND APPROVE

SETTLEMENT AGREEMENT REGARDING CIVIL SERVICE NO. 13-003.

EXECUTIVE SESSION – AGENDA ITEM 23B: CONSIDER AND DISCUSS

TEXCOM DISPOSAL, LLC V. MONTGOMERY CUONTY, ET AL. CAUSE

NO. 4:13-CV-02789.

EXECUTIVE SESSION – AGENDA ITEM 23C: CONSIDER AND DISCUSS

SETTLEMENT OF MONTGOMERY COUNTY SUBROGATION CLAIM

#PY2012-07955-A.

EXECUTIVE SESSION – AGENDA ITEM 23D: CONSIDER AND TAKE

APPROPRIATE ACTION CONCERNING THE FINAL JUDGMENT IN

CAUSE NO. 07-08-08150-CV; MONTGOMERY COUNTY, TEXAS –V- THE

MANSIONS IN THE FOREST, L.P. ET AL.

Session of October 28, 2013

Page 14 of 17

COMMISSIONERS COURT RECONVENED WITH ALL MEMBERS PRESENT.

38. AGREEMENT APPROVED – ANIEL FECIK

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

Resolution And Order Approving Settlement Agreement And Authorizing Payment Of

Settlement Proceeds in the amount of $15,000.00 to Aniel Fecik and said sum be paid from jail salary line 5121.7102. Motion carried.

CITIZENS – AGENDA ITEM 25

A MEMBER OF THE PUBLIC ADDRESSED THE COURT TO EXPRESS HER

APPRECIATION OF THE COMMISSIONERS COURT.

39. PAYROLL CHANGE REQUEST REMOVED – HUMAN RESOURCES

Motion by Commissioner Noack, seconded by Judge Sadler, to remove Payroll Change

Request forms numbered 14 through 20 to review separately this session. Motion carried.

40. PAYROLL CHANGE REQUEST FORMS APPROVED FOR COUNTY CLERK

Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve the following Payroll Change Request forms from the County Clerk numbered 14 through

20, excluding number 18:

Request of County Clerk to increase salary of Alice Drake, Clerk II (Part

Time/Temp/Pool), due to equity adjustment, effective November 9, 2013.

Request of County Clerk to increase salary of Jana Farrell, Clerk II (Part

Time/Temp/Pool), due to equity adjustment, effective November 9, 2013.

Request of County Clerk to increase salary of Alice Freeman, Clerk II (Part

Time/Temp/Pool), due to equity adjustment, effective November 9, 2013.

Request of County Clerk to increase salary of Maria Del Rosario Gallaga, Clerk II (Part

Time/Temp/Pool), due to equity adjustment, effective November 9, 2013.

Request of County Clerk to increase salary of Eden Stewart, Clerk II (Part

Time/Temp/Pool), due to equity adjustment, effective November 9, 2013.

Request of County Clerk to increase salary of Tracey Wallbank, Clerk II (Part

Time/Temp/Pool), due to equity adjustment, effective November 9, 2013.

AYE: Judge Sadler, Commissioner Meador, Commissioner Doyal, Commissioner Rinehart.

NAY: Commissioner Noack.

Motion carried.

41. 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 increase salary of Billie Jo Lemke, Custodian, due to completion of probationary period, effective October 14, 2013.

Request of County Court at Law 1 to place Graciela I. Caka, Court Reporter, on payroll as replacement for Jacquelynn Renae Young, effective November 1, 2013.

Request of Community Development to increase salary of Autumn Haley, Case Manager, due to status change to correct salary schedule and employment status, effective

September 28, 2013.

Session of October 28, 2013

Page 15 of 17

Request of Commissioner Precinct 1 to remove Archie Williamson, Operator II, from payroll due to retirement, effective October 31, 2013. [.205 hours or balance vacation;

.14 hours or balance compensatory.]

Request of Commissioner Precinct 2 to decrease salary of Steven C. McQuagge, Operator

I due to transfer as replacement for Matt Lester, effective October 11, 2013.

Request of Commissioner Precinct 2 to place Travis Pratt, Park Maintenance, on payroll into new position, effective October 14, 2013.

Request of Commissioner Precinct 2 to increase salary of Trevor E. Pratt, Park

Maintenance, due to status change into new position, effective October 12, 2013.

Request of Commissioner Precinct 2 to place Joseph Redmond, Jr. Recycle Technician I, on payroll as replacement for Patricia Anne McBride, effective October 10, 2013.

Request of Commissioner Precinct 4 to place Belinda Hackleman, Clerk 2, on Unpaid

FMLA/Disability Leave, effective September 26, 2013.

Request of Constable Precinct 1 to increase salary of Lloyd Wesley McGee, Deputy, due to transfer as replacement for Brian Luly, effective October 1, 2013.

Request of constable Precinct 1 to place Amber Lossow, Deputy, on payroll as replacement for Lloyd Wesley McGee, effective October 9, 2013.

Request of County Attorney to remove Jill White, Legal Assistant II, from payroll due to lay off, effective October 18, 2013. [19.96 hours or balance vacation; 9.875 hours or balance compensatory.]

Request of Auditor to accept resignation of Craig Price, General Ledger Accountant, effective October 11, 2013. [7.6772 hour or balance vacation.]

Request of County Clerk to place Talisa Perez, Clerk II, on payroll due to return from

Unpaid FMLA/Disability Leave, effective October 14, 2013.

Request of District Attorney to place Sunil Sundaran, Pre-Trail Diversion Intern, as replacement for Kyle Matthew Crowl, effective October 21, 2013.

Request of Justice of the Peace Precinct 1 to decrease salary of Ann Cheatham, Court

Clerk II, due to demotion as replacement for Mindy Moreno, effective October 21, 2013.

Request of Justice of the Peace Precinct 1 to increase salary of Mindy Moreno, Court

Clerk IV, due to promotion as replacement for Ann Cheatham, effective October 21,

2013.

Request of Juvenile to place Brandon Baldwin, Juvenile Supervision Officer – Substitute, on payroll, effective October 8, 2013.

Request of Juvenile to place Derek Berry, Juvenile Supervision Officer – Substitute, on payroll, effective October 8, 2013.

Request of Juvenile to place Kristy Gilliam – Nelms, Juvenile Supervision Officer, on payroll due to return from Unpaid FMLA/Disability Leave, effective October 15, 2013.

Request of Juvenile to place Willie Lee Grimes, Jr., Juvenile Supervision Officer, on payroll as replacement for Dwayne Rhymes, effective October 8, 2013.

Request of Juvenile to accept resignation of Alyssa Hobrecht, Juvenile Probation Officer, effective October 11, 2013.

Request of Juvenile to increase salary of Michael John McManus, Juvenile Supervision

Officer, due to 5% COLA, effective October 12, 2013.

Request of Juvenile to change status of Nicholas Poirier, Juvenile Supervision Officer, due to replacement for William Carr, effective October 26, 2013.

Request of Juvenile to change status of Donovan Polk, Juvenile Supervision Officer, as replacement for Donnelle Shepherd, to correct position number and replacement as per

PCRF approved in CC on October 14, 2013.

Request of Juvenile to place Tyree Roberts, Juvenile Supervision Officer – Substitute, on payroll, effective October 8, 2013.

Session of October 28, 2013

Page 16 of 17

Request of Juvenile to change status of Donnielle Lyrea Shepherd, Juvenile Supervision

Officer – Substitute, at employee’s request, effective October 12, 2013. [21.70 hours or balance vacation; .75 hours or balance compensatory; 4.20 hours or balance holiday.]

Request of Juvenile to increase salary of Kourtney Steptoe, Juvenile Supervision Officer, due to 5% COLA, effective October 12, 2013.

Request of Juvenile to place Avery Thompson, Juvenile Supervision Officer, on payroll as replacement for John Arthur Milo, III, effective October 8, 2013.

Request of Library to increase salary of Kaylee M. Castanon, Library Assistant II, due to promotion as replacement for Nicole Bing, effective October 26, 2013.

Request of Library to increase salary of Debra H. Escudero, Library Assistant II, due to replacement for Sarah Greenmyer, effective October 26, 2013.

Request of Library to accept resignation of Renee D. Gosling, Shelving Clerk I, effective

November 1, 2013. [No benefits due.]

Request of Library to remove Sandra S. Winfield, Library Assistant III, from payroll due to retirement, effective November 30, 2013. [305.755 hours or balance vacation.]

Request of Risk Management to place Jamie Leigh Meinkowsky, Risk Analyst, on payroll due to return from Unpaid Leave of Absence, effective October 21, 2013.

Request of Sheriff to increase salary of Chad Allan Bowers, Deputy Patrol, due to promotion as replacement for David Kelman, effective October 19, 2013.

Request of Sheriff to place Heather Ching, Dispatcher, on payroll as replacement for

Sandra Henderson, effective October 26, 2013.

Request of Sheriff to accept resignation of Michael Griffith, Officer Civilian Detention, effective October 1, 2013. [18.48 hours or balance vacation; 23.76 hours or balance compensatory; 8.00 hours or balance holiday.]

Request of Sheriff to increase salary of Tyler Hall, Deputy Patrol, due to promotion as replacement for Brett Logan, effective October 19, 2013.

Request of Sheriff to place Kimbla Johnson, Officer Civilian Detention, on payroll as replacement for John Shipley, effective October 19, 2013.

Request of Sheriff to decrease salary of David Aaron Kelman, Officer Civilian Detention, due to voluntary demotion as replacement for Ryan Scott Jones, effective October 12,

2013.

Request of Sheriff to accept resignation of Carissa Lovett, Dispatcher, effective October

17, 2013. [60.48 hours or balance vacation; 34.63 hours or balance compensatory; 5.38 hours or balance holiday.]

Request of Sheriff to increase salary of Jennifer Parker, Dispatcher, due to COLA increase, effective September 28, 2013.

Request of Sheriff to place Dawn Senac, Dispatcher, on payroll as replacement for

Kelsey Williams, effective October 26, 2013.

Request of South County Community Center to transfer Catherine Adams, Community

Facilities Worker, to newly created department, effective October 1, 2013.

Request of South County Community Center increase salary of Vicki Glenn, Community

Facilities Worker, due to COLA increase and transfer to newly created department effective October 1, 2013.

Request of South County Community Center to transfer Loretta Golden, Community

Facilities Worker, to newly created department, effective October 1, 2013.

Request of South County Community Center to transfer Kathy Huie, Community

Facilities Worker, to newly created department, effective October 1, 2013.

Request of South County Community Center to transfer Faye Jones, Community

Facilities Worker, to newly created department, effective October 1, 2013.

Session of October 28, 2013

Page 17 of 17

Request of South County Community Center to place Jolene Rhodes, Community

Facility Worker, on payroll, effective October 2, 2013.

Request of South County Community Center to increase salary of Jolene Rhodes,

Community Facilities Worker, due to COLA increase, effective October 2, 2013.

Request of South County Community Center to transfer Kay Waters, Community

Facilities Work, to newly created department, effective October 1, 2013.

Request of Tax Assessor/Collector to correct retirement date of Donna Kaye McDonald,

Deputy Specialist II, effective November 30, 2013. [87.835 hours or balance vacation.]

Request of Tax Assessor/Collector to place Kelli M. Reyes, Deputy Specialist II, on payroll due to return from Unpaid Leave of Absence, effective October 21, 2013.

Request of Collections to increase salary of Sewanda Bacon, Collections Specialist I, due to completion of probationary period, effective October 26, 2013.

Request of Commissioner Precinct 2 to increase salary of Roger Collins, Laborer, due to salary schedule timing issue, effective September 28, 2013.

Motion carried.

42. COURT ADJOURN

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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