1 COMMISSIONERS COURT DOCKET MARCH 11, 2013 REGULAR SESSION THE STATE OF TEXAS COUNTY OF MONTGOMERY BE IT REMEMBERED that on this the 11th day of March, 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 N. 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 County Clerk’s Office Alan B. Sadler - Absent Mike Meador – Judge Pro Tem Craig Doyal James Noack Ed Rinehart Francine Nichols, Elizabeth Henthorn INVOCATION GIVEN BY SHERIFF TOMMY GAGE. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA RECITED BY EVERYONE PRESENT. PLEDGE OF ALLEGIANCE TO THE TEXAS STATE FLAG RECITED BY EVERYONE PRESENT. 1. COMMISSIONERS COURT AGENDA APPROVED. Motion by Commissioner Doyal, seconded by Commissioner Rinehart, to approve Commissioners Court Agenda for discussion and necessary action. Motion carried. 2. PROCLAMATION APPROVED Motion by Commissioner Doyal, seconded by Commissioner Rinehart, to approve the Proclamation proclaiming the month of March 2013 as Intellectual and Development Disabilities Month. Motion carried. EMPLOYEE COMMITTEE PRESENTED TO DIANE GREEN, FEBRUARY 2013 EMPLOYEE OF THE MONTH AWARDED POSTHUMOUSLY TO ROSA LOPEZ, DISPATCHER. 3. MINUTES APPROVED – COMMISSIONERS’ COURT - COUNTY CLERK Motion by Commissioner Doyal, seconded by Judge Pro Tem Meador, to approve Commissioners Court Minutes for Special Session February 25, 2013, as presented by the County Clerk. Motion carried. 4. CONSENT AGENDA APPROVED - AGENDA ITEMS 9A-M Motion by Commissioner Doyal, seconded by Commissioner Noack, to approve the Consent Agenda, as follows: COUNTY AUDITOR - AGENDA ITEMS 9A A. ACCOUNTS APPROVED, as submitted by the County Auditor. 2 B. BUDGET AMENDMENTS for FY13 approved, as follows: 1. ANIMAL CONTROL: To recognize and allocate donation. 2. ANIMAL SHELTER: To fund invoice #118799 and adjust line items. 3. C/P P-T TOLL PROJECTS: To recognize and allocate revenue in connection with amendment to pass-through agreement with State of Texas as approved by CCT (M /02/11/13). 4. COMMISSIONER PCT. 1: To adjust line items. 5. COMMISSIONER PCT. 1: To transfer funds to Airport. 6. COMMISSIONER PCT. 3: To adjust line items and transfer funds. 7. COMMISSIONER PCT. 3: To fund cell phone allowance for Charles Cobb. 8. COMMISSIONER PCT. 3: To fund cell phone allowance for Douglas Glassel. 9. COMMISSIONER PCT. 3: To fund cell phone allowance for James Lord. 10. COMMISSIONER PCT. 3: Thomas. 11. COMMISSIONER PCT. 3: To fund cell phone allowance for Troy Brock. 12. COMMISSIONER PCT. 3: Scardino. 13. COMMISSIONER PCT. 3: To fund Supplies/Other. 14. COMMISSIONER PCT. 3: To fund cell phone line. 15. COMMISSIONER PCT. 4: To recognize and allocate reimbursements from City of Patton Village. 16. C/P CMR 3 PROJECTS, PRECINCT BARN CONSTRUCTION: To transfer funds for construction of Commissioner, Precinct 3 barn as authorized by CCT (M17/02.11.13). 17. CONSTABLE PCT. 2: To adjust line items. 18. CONSTABLE PCT. 3: To transfer funds for VPN. 19. CONSTABLE PCT. 3: To fund MDT for Constable Precinct 3 as authorized by CCT (M16/02.11.13). 20. CONSTABLE PCT. 5: To adjust line items. 21. CONTINGENCY: To fund settlement cost (M29/01.28.13). 22. CONTINGENCY: To recognize and allocate revenue from Tax Office audit as authorized by CCT (M16/01.28.13). 23. CONTINGENCY: To transfer funds from Sheriff’s Office as authorized by CCT (M11/02.25.13). 24. CONTINGENCY: (M32/02.11.13). To fund cell phone allowance for Jackie To fund cell phone allowance for David To adjust line items per Commissioners’ Court 3 25. COURT REPORTER SERVICE FUND: To recognize and allocate revenue for Ct. Reporter Service Fund as authorized by CCT (M25/02.25.13). 26. DISTRICT ATTORNEY: To fund cell phone allowance for Warren Keith Diepramm. 27. DISTRICT ATTORNEY: items. 28. 9th DISTRICT COURT: To fund cell phone allowance for Court Coordinator as authorized by CCT (M8/02.25.13). 29. 221st DISTRICT COURT: To adjust line items. 30. ELECTIONS ADMINISTRATOR: reimbursements. 31. FIRE MARSHAL: To transfer funds for build. 32. JUSTICE COURT TECHNOLOGY FUND: To recognize and allocate revenue for JP Technology Fund as authorized by CCT (M26/02.11.13). 33. JUVENILE PROBATION – DETENTION: To adjust line items. 34. MCCD: CDBG DR – Round II Phase II: To adjust line items. 35. SHERIFF – AUTO THEFT: To recognize and allocate revenue from 02/11/13 Auction Proceeds. 36. SHERIFF: To fund 2 bailiff positions as authorized by CCT (M11/01.14.13). 37. SHERIFF – ALARMS DIVISION: To transfer revenue source to follow reorganization of expenditure budget as authorized by CCT (M16/09.24.12). 38. SHERIFF – ALARMS DIVISION: To recognize and allocate revenue as authorized by CCT (M10/02.11.13). 39. SHERIFF: To recognize and allocate donations. 40. SHERIFF: Transfer forensic funds. To transfer funds for VPN and adjust line To recognize and allocate TREASURER - AGENDA ITEM 9B C. MONTHLY INVESTMENT REPORT APPROVED for February, 2013. D. BANK RESOLUTIONS APPROVED for Montgomery County Constable Pct. 4, Tax Sales Commission. E. MONTHLY PLEDGED SECURITY REPORT APPROVED for February, 2013. F. TICKET LOG APPROVED for February, 2013. TAX ASSESSOR/COLLECTOR – AGENDA ITEM 9C G. SURETY BOND CONTINUATION CERTIFICATE ACCEPTED. Bond number 61BSBAC9179 for McCall-H, Inc. dba Sterling McCall Honda in the amount of $100,000.00 effective February 27, 2013 through February 27, 2014. Montgomery County has no responsibility for payment of this Bond. 4 H. FEBRUARY 2013 SUPPLEMENTAL CHANGES ACKNOWLEDGED from Montgomery Central Appraisal District for property that is collected by the Tax Assessor’s office. I. FEBRUARY 2013 SUPPLEMENT CHANGES ACKNOWLEDGED from Harris County Appraisal District for property located in Harris County for New Caney ISD and The Woodlands Township that is collected by the Tax Assessor’s office. PURCHASING DEPARTMENT - AGENDA ITEM 9D J. K. ADVERTISING APPROVED for the following bids/proposals: 1. Raising and under sealing concrete slabs and roads – Various Departments. 2. RFP/Q sale of Joe Corley Detention Facility – Infrastructure. 3. Replacement glass and labor to repair and/or install glass and miscellaneous items – Various Departments. 4. Casebinders – District and County Clerks. 5. Commercial A/C filters – Various Departments. ACTION APPROVED ON RECOMMENDATIONS AND/OR CONTRACTS FOR THE FOLLOWING BID: 1. PROJECT #2013-0015 ELECTRICAL ITEMS and MISCELLANEOUS SUPPLIES (Various Departments) to be awarded to the following vendors: Consolidated Electrical Distributors HD Supply Crawford Electric Supply L. RENEWALS APPROVED for the following contracts: 1. BONDS, RICKY dba AEROBIC MANAGEMENT (PO #2009361) for installation of aerobic septic system(s), expires 05/03/13 – Various Departments. 2. HEWLETT PACKARD (PO #2011231) for Hewlett Packard products and related services through State of Texas Department of Information Resources (DIR Contract #DIR-SDD-1364), expires 05/05/13 – Various Departments. Note: Changes per documents on file. 3. BRODART CO (PO #2011272) for library specialty supplies, expires 04/06/13 – Montgomery County Library System. 4. DEMCO (PO #2013194) for library specialty supplies, expires 04/06/13 – Montgomery County Library System. 5. THE LIBRARY STORE, INC. (PO #2011274) for library specialty supplies, expires 04/06/13 – Montgomery County Library System. 6. GAYLORD BROS, INC. (PO #2011275) for library specialty supplies, expires 04/06/13 – Montgomery County Library System. 7. BISON PROFAB, INC. (PO #2011296) for emergency equipment console and accessories, expires 04/24/13 – Sheriff 5 M. N. 8. CARRIER COMMERCIAL SERVICE (PO #2012260) for comprehensive HVAC solutions and services through the Interlocal Agreement with Region 8 Education Service Center/The Interlocal Purchasing System (TIPS) contract #2032212, expires 03/21/13 – Various Departments. 9. CARRIER ENTERPRISE LLC (PO #2012259) for comprehensive HVAC solutions and services through the Interlocal Agreement with Region 8 Education Service Center/The Interlocal Purchasing System (TIPS) contract #2032212, expires 03/21/13 – Various Departments. 10. X-TRA LIGHT MANUFACTURING PARTNERSHIP, LTD (PO #2012472) for energy saving lighting products through Interlocal Agreement with Buyboard, contract #368-10, expires 03/31/13 – Various Departments. CHANGE ORDERS APPROVED for the following: 1. Change Order #4, PO #2012146 to Edward R. Bailey dba Montgomery County Printers for printing of letterhead stationery, envelopes and business cards – Various Departments. 2. Change Order #4, PO #2012079 to GT Distributors, Inc. for duty gear and accessories – Various Departments. 3. Change Order #5, PO #2009128 to Elliot Electric Supplies to cancel month to month contract effective 03/11/13 – Various Departments. DISCRETIONARY EXEMPTIONS APPROVED as follows: 1. Renewing the Risk Management services contract with Dennis B. McMahon – Risk Management – 262.024(a)(4) O. LIST APPROVED of miscellaneous items for the next on-line auction – Various Departments. P. CHECK AND LIST OF ITEMS SOLD ACCEPTED from Rene Bates Auctioneers, Inc. through the Montgomery County on-line auction held on 02/19/13. Check #18620 in the amount of $45,059.52 – Various Departments. Items retained from the original list due to withdrawal from auction: Item 5132 new tires un-mounted Item 5133 new tires mounted Item 5134 1-lot used tires Q. PAYMENT AND PERFORMANCE BONDS ACCEPTED from Williams Brothers Construction Co., Inc. for construction of an interchange facility, Project #2013-0014, each in the amount of $33,998,617.26 – Precincts 2 & 4/Engineering (MCTP) R. PROPOSAL APPROVED from K.R. Moore & Associates for a 2013 Salary Survey and Analysis services in an amount not to exceed $24,000.00 with a pre-payment in the amount of $9,000.00 – Human Resources. S. REQUEST APPROVED to declare two storage trailers and one storage container as salvage – Precinct 3. 6 RISK MANAGEMENT - AGENDA ITEM 9E T. BOND CHANGES, ADDITIONS AND RELEASES APPROVED for the following: BOND NO. NAME/DEPT AMOUNT ACTION 24879407 24799220 Frazier, Brandon/Const Pct 4 Duval Jr., Marcus/Const Pct 1 $ 5,000 61580753 61480358 61238009 24933243 Wendell, Jay/Const Pct 3 Furches, Ralph/Const Pct 3 Clendennen, Gary/Const Pct 4 Rodriguez, Pedro/Const Pct 4 5,000 5,000 5,000 Reserve/Renew Reserve/Rider/ chg Pct’s Reserve/New Rider/From rsv to emp Reserve/Renew Reserve/Renew COMMISSIONERS - AGENDA ITEM 9F PRECINCT 3 U. DONATION ACCEPTED of three swing sets and approximately 75 working bicycles, 18 to be recycled from Wal-Mart with an estimated value of $1,900.00. Working bicycles and swing sets will be donated to Interfaith of The Woodlands. PRECINCT 4 V. ANNUAL FINANCIAL STATEMENTS ACCEPTED of Montgomery County Emergency Services District #9, for the fiscal year ending September 30, 2012. W. CHECK ACCEPTED from Montgomery County ESD 7, in the amount of $2,806.44, for the purchase of fuel for the month of January, 2013. To be deposited into account 615.7926. (Check has been forward to Auditor for further processing.) COMMISSIONERS – COUNTY ENGINEER – AGENDA ITEM 9G PRECINCT 2 X. FINAL PLAT APPROVED for Woodforest, Section 23, 16.04 acres, 39 lots, Archibald Hodge Survey, A-18. Y. ROADS ACCEPTED into the Montgomery County road system and bond released for Woodforest, Section 14. Z. ROADS ACCEPTED into the Montgomery County road system and bond released for Woodforest, Section 15. AA. REQUEST APPROVED from Woodland Oaks Utility to place a sanitary sewer line within the right of way of Honea Egypt and Mahogany Road in Montgomery County. BB. ROADS ACCEPTED into the one year maintenance period effective 03/11/13 in Mostyn Manor, Section 4, 4,217.25 LF = .80 miles. PRECINCT 3 CC. FINAL PLAT APPROVED for Falls at Imperial Oaks, Section 3, 18.24 acres, 66 lots, Samuel Ward Survey, A-607. DD. FINAL PLAT APPROVED for Rayford Crossing CVS Subdivision, 2.029 acres, Montgomery County School Land Survey, A-351. 7 EE. ROADS ACCEPTED into the Montgomery County road system for Kuykendahl Road – From Lake Woodlands Drive to Bay Branch Drive. FF. ROADS ACCEPTED into the one year maintenance period effective 03/11/13 in Kuykendahl Road and Lake Woodlands Drive Intersection improvements, 600.22 LF = .12 miles. GG. ROADS ACCEPTED into the one year maintenance period effective 03/11/13 in Legends Ranch, Section 11, 1,108.58 LF = .21 miles. PRECINCT 4 HH. FINAL PLAT APPROVED for Auburn Trails at Oakhurst, Section 7, 6.108 acres, 24 lots, Mary Owens League Survey, A-405. II. FINAL PLAT APPROVED for Auburn Trails at Oakhurst, Section 8, 12.39 acres, 53 lots, Mary Owens League Survey, A-405. ALL PRECINCTS JJ. REQUEST APPROVED from Park Construction Associates, LLC to move heavy construction equipment across various county roads. These two permits will expire on 06/13/13 (Bond on file). SHERIFF – AGENDA ITEM 9H KK. CHECK ACCEPTED from Montgomery County Crime Stoppers, Inc., in the amount $64.79 for cell phone donation for Brandy Bice for the month of February 2013. Please record in line item 560163-7424. LL. REPORT ACCEPTED from the Montgomery County Sheriff’s Office, Racial Profiling Report, for the 2012 calendar year. ENVIRONMENTAL HEALTH – AGENDA ITEM 9I MM. VARIANCE REQUEST APPROVED to install an aerobic on-site system in the 100-year floodplain located at 26232 FM 2978, Magnolia. NN. VARIANCE REQUEST APPROVED to install an aerobic on-site system in the 100-year floodplain located at 13568 Pinewood Village Drive, Conroe. CONSTABLE PRECINCT 2 – AGENDA ITEM 9J OO. REPORT APPROVED from Constable Precinct 2, Racial Profile Report for the 2012 calendar year. COUNTY CLERK – AGENDA ITEM 9K PP. CORRECTION APPROVED from Commissioners Court Minutes dated January 28, 2013. Motion 16 incorrectly spells Amegy Bank as Amergy Bank. COUNTY JUDGE – AGENDA ITEM 9L QQ. USE AGREEMENTS APPROVED as follows: PRECINCT 1 1. Yahweh Street Ministries – Courthouse Steps National Day of Prayer 05/02/13 2. Texas Intensity – Select Team Practice Gene Campbell Sports Park – Softball fields 8 3. Montgomery Little League – Baseball League Montgomery West Park – Baseball fields 4. MC Elite ’04 – Skills & Coaching Clinic 03/08/13 Willis Girls Softball Complex – Softball fields 5. MC Elite ’04 – Select Team Practice Willis Girls Softball Complex – Softball fields 6. 14U Willis Heat – Select Team Practice Charles Traylor Sports Park – Baseball fields PRECINCT 2 1. Magnolia Area Softball Association – Softball League Magnolia Sports Complex – Softball fields 2. Magnolia Baseball Association – Baseball League Magnolia Sports Complex – Baseball fields PRECINCT 4 1. Splendora Area Softball Association Ipes Park – Softball league games and practices 2. Splendora Youth Baseball Association Ipes Park – Baseball league games and practices COUNTY ATTORNEY - AGENDA ITEM 9M RR. RENEWAL OF TEMPORARY EMPLOYMENT CONTRACTS APPROVED for Mental Health Managed Assigned Counsel for Latanza Gaddis, Allison Hauptstueck and Pennie Lynn Stanley. Motion carried. END OF CONSENT AGENDA 5. REQUEST APPROVED – TRANSFER OF FUNDS – CO. COURT AT LAW #5 Motion by Judge Pro Tem Meador, seconded by Commissioner Noack, to approve a one-time transfer of funds in the amount of $303.00 to be transferred from the 2013 Budget, Line 7425 Travel Expenses and put in Salary & Benefits to cover the payoff of the previous Docket Manager. Position is essential for everyday operation of the Court and will not affect the budget in the future. Motion carried. 6. REQUEST APPROVED – POSITIONS CHANGES AND FUNDS TRANSFERRED – EMERGENCY MANAGEMENT Motion by Commissioner Doyal, seconded by Commissioner Rinehart, to approve the following position changes and transfer of funds: Close position #406615-4278-1 CERT Coordinator Open position #406615-4279-1 Community Prep Planner Transfer $9,999.86 previously designated as vehicle allowance with the upgraded position. Transfer $46,613.54 from 406615-4278-1 to 406615-4279-1. Transfer $7,513.52 from Grant Contingency to 406615-4279-1. This is a Grant funded Contingency line and no additional funds are needed from the County. Motion carried. 9 7. REQUEST APPROVED - TRANSFER OF FUNDS - SHERIFF Motion by Commissioner Noack, seconded by Commissioner Doyal, to approve an ongoing practice of transferring funds from vacant STEP positions that were granted in excess of the STEP plan. These funds were approved during the FY2013 Budget hearings for people that worked for the Sheriff’s office 17 or more years. The funds will be transferred into the Sheriff’s salary funding line (9999-999). The transferred funds will not include STEP, certification, or longevity funding and will not affect the current salary structure. Motion carried. 8. REQUEST APPROVED – TRANSFER OF FUNDS – SHERIFF Motion by Commissioner Rinehart, seconded by Commissioner Noack, to approve the transfer of funds from the following positions and the Jail funding line to position 5121-5800-41: 1. 2. 3. FROM 5121-3940-11 5121-5800-96 5121-9999-999 AMOUNT $ 895.95 1,292.30 7,655.71 Motion carried. 9. FUNDS ACCEPTED – SH7 BOND FEES – SHERIFF Motion by Commissioner Noack, seconded by Commissioner Rinehart, to accept funds in the amount of $1,313.04 from the Montgomery County Sheriff’s Special account pertaining to SH7 Bond fees. Motion carried. 10. DEPOSIT APPROVED – ALARM PERMITS – SHERIFF Motion by Commissioner Noack, seconded by Commissioner Rinehart, to approve depositing funds in the amount of $1,000.00 into the Montgomery County Alarm Permits checking account to offset returned checks. Motion carried. 11. FUNDS ACCEPTED – HIDTA –SHERIFF Motion by Commissioner Rinehart, seconded by Commissioner Doyal, to accept funds for the HIDTA Year 4 Grant in the amount of $7,901.00. The application was submitted on our behalf by HIDTA and supplemental funds will be awarded at a later date. Motion carried. 12. REQUEST APPROVED ASSESSOR/COLLECTOR – 2013 PLANNING CALENDAR – TAX Motion by Commissioner Doyal, seconded by Commissioner Noack, to approve the 2013 Planning Calendar for adopting the 2013 Property Tax Rate and to move back the Budget Hearings by one week to allow for flexibility. Motion carried. 13. PAYMENT APPROVED – RUNWAY EXTENSION PROJECT – LONE STAR EXECUTIVE AIRPORT Mr. Bill O’Sullivan came to the podium to express his concern pertaining this issue. Motion by Commissioner Doyal, seconded by Commissioner Rinehart, to approve payment to the Texas Department of Transportation for Montgomery County’s share of the construction of the runway 14-32 extension project, in the amount of $2,864,861.00. Funding source is previously issued Certificates of Obligation. Motion carried. 10 14. ASSESSMENT ACCEPTED – ANDERS BRANCH DRAINAGE PROJECT – COMMUNITY DEVELOPMENT Motion by Commissioner Noack, seconded by Commissioner Doyal, to accept the Environmental Assessment and a Finding Of No Significant Impact (FONSI) for the Anders Branch Drainage Improvement Project and authorize Judge Alan B. Sadler to sign related paperwork. It was stated “for the record” that “it is not typical or part of our practice in Community Development to do Infrastructure projects inside the City limits of our municipality. This was a unique rule of the Hurricane Ike Infrastructure Grant and a one-shot deal.” Motion carried. 15. REQUEST APPROVED – TYLER ODYSSEY USER CONFERENCE – IT Motion by Commissioner Doyal, seconded by Commissioner Noack, to approve authorizing the use of integrated justice project funds from the Information Technology budget, line item 503-7572 in an amount not to exceed $40,000.00 for departments to send staff to the Tyler Odyssey User Conference to be held in Austin, TX, May 23-24, 2013. Funding assistance is required since the departments did not have an opportunity to budget for this conference during the FY13 Budget Hearings. There are sufficient funds within the project to fund the amount requested. Motion carried. 16. REQUEST APPROVED – DISPATCH SYSTEM UPGRADE – IT Motion by Commissioner Noack, seconded by Commissioner Rinehart, to approve authorizing the use of integrated justice project funds from the Information Technology budget, line item 503-7572 in an amount not to exceed $160,000.00 for the professional services, hardware, and software upgrade to the computer aided dispatch system. This upgrade provides needed and improved functionality as well as a common architecture for the future selection of the Sheriff’s Office portion of our integrated justice project (Records and Jail Management). There are sufficient funds within the project to fund the amount requested. Motion carried. 17. MINUTES ACCEPTED – ADVISORY BOARD MEETINGS - MCMHTF Motion by Judge Pro Tem Meador, seconded by Commissioner Rinehart, to accept minutes of Montgomery County Mental Health Treatment Facility Advisory Board Meetings for the period 09/01/12 through 01/31/13, as set forth in documents on file. Motion carried. 18. REPORT ACCEPTED – INFECTION PREVENTION AND CONTROL – MCMHTF Motion by Judge Pro Tem Meador, seconded by Commissioner Rinehart, to accept 2012 Annual Report on Infection Prevention and Control, as recommended by MCMHTF Advisory Board and as set forth in documents on file. Motion carried. 19. REVISION APPROVED – INFECTION CONTROL PLAN POLICY - MCMHTF Motion by Judge Pro Tem Meador, seconded by Commissioner Rinehart, to approve revision to Infection Control Plan Policy, as recommended by MCMHTF Advisory Board and as set forth in documents on file. Motion carried. 20. APPOINTMENT APPROVED – TIMOTHY BUDZ – MCMHTF Motion by Judge Pro Tem Meador, seconded by Commissioner Doyal, to approve the appointment of Timothy Budz to the position of Facility Administrator, as recommended by MCMHTF Advisory Board and as set forth in paperwork on file. Motion carried. 11 21. REQUEST APPROVED – TRANSFER OF FUNDS – JUVENILE Motion by Commissioner Doyal, seconded by Judge Pro Tem Meador, to approve the transfer of funds in the amount of $354.19 from salary position 57111-2471-600 to position 57111-2415-2. This does not increase the salary budget. Motion carried. 22. REPORTS ACCEPTED – CONTINGENCY – AUDITOR Motion by Judge Pro Tem Meador, seconded by Commissioner Doyal, to accept the report on Contingency Activity for FY13 and the report on funds previously authorized for construction of building. Motion carried. 23. CONTRACT AWARDED – PRIVACY FENCE – LONE STAR EXECUTIVE AIRPORT Motion by Judge Pro Tem Meador, seconded by Commissioner Doyal, to award the contract for a privacy fence, Project #2013-0025, to National Fence Company, funding will come from Certificates of Obligation previously issued for Airport improvement. Motion carried. AGENDA ITEM 20B WAS DEFERRED. 24. CONTRACT STATUS APPROVED SHELTER – INFRASTRUCTURE – MONTGOMERY COUNTY ANIMAL Motion by Judge Pro Tem Meador, seconded by Commissioner Noack, to continue the Montgomery County Animal Shelter contract with Care Corporation on a month to month basis. Motion carried. AGENDA ITEM 21A WAS DEFERRED. 25. RESOLUTION AND ORDER APPROVED – SALE OF BOAT – COUNTY ATTORNEY Motion by Commissioner Doyal, seconded by Judge Pro Tem Meador, to approve the Amended Resolution and Order related to the sale of a boat to the Montgomery County Search and Rescue Team, previously approved by the Court on 01/23/12 to add identifying information for the outboard motor included in the transaction. Motion carried. 26. MOU APPROVED – WATER LINE IMPROVEMENTS PRECINCT 3 – COUNTY ATTORNEY Motion by Commissioner Noack, seconded by Commissioner Doyal, to approve the Memorandum of Understanding between the San Jacinto River Authority and Montgomery County specifying the construction schedule of water line improvements in Precinct 3, and authorize Commissioner Noack to execute the document on behalf of the County. Motion carried. 27. RESOLUTION APPROVED – MEMORIAL HERMANN HEALTH SYSTEM – COUNTY ATTORNEY Motion by Commissioner Doyal, seconded by Judge Pro Tem Meador, to approve a Resolution approving the issuance of Bonds by the Harris County Cultural Education Facilities Finance Corporation to refinance certain facilities for Memorial Hermann Health System. Motion carried. COMMISSIONERS’ COURT RECESSED FOR PUBLIC HEARING. PUBLIC HEARING – AGENDA ITEM 22A1 12 PROPER NOTICE HAVING BEEN GIVEN, JUDGE PRO TEM MEADOR DECLARED A PUBLIC HEARING IN REGARD TO ESTABLISHING A ONE-WAY STOP SIGN CONTROL ON THE EASTBOUND APPROACH OF THE SOUTHERN DONWICK DRIVE AND FAWN TRAIL INTERSECTION. THERE BEING NO MEMBERS OF THE PUBLIC WISHING TO ADDRESS THIS MATTER, JUDGE PRO TEM MEADOR DECLARED THE PUBLIC HEARING CLOSED. COMMISSIONERS’ COURT RECONVENED 28. ACTION TAKEN – STOP SIGN – PRECINCT 4 Motion by Commissioner Rinehart, seconded by Commissioner Noack, to approve establishing a one-way stop sign control on the eastbound approach of the southern Donwick Drive and Fawn Trail intersection. Motion carried. COMMISSIONERS – COUNTY ATTORNEY – ROAD AND BRIDGES - ITEMS 23A&B 29. REQUESTS APPROVED – ROADS ACCEPTED - PRECINCT 2 Motion by Commissioner Doyal, seconded by Commissioner Noack, to approve the following: a. Order accepting road known as Cascade Court, approximately 1,354 feet in length, into Montgomery County road maintenance system. b. Order accepting road known as Majestic Oaks, approximately 1,205 feet in length, into Montgomery County road maintenance system. c. Agreement for road acceptance and repair for roads within Falls of Wildwood subdivision and acknowledge receipt of check in the amount of $74,307.20. (Check has been forwarded to Auditor for further processing.) Motion carried. 30. REQUESTS APPROVED – ROADS ACCEPTED – PRECINCT 2 Motion by Commissioner Doyal, seconded by Commissioner Noack, to approve the following: a. Order accepting road known as Hideaway Lane, approximately 500 feet in length, into Montgomery County road maintenance system. b. Agreement for road acceptance and repair for roads within Lake Forest Falls subdivision and acknowledge receipt of check in the amount of $20,873.81. (Check has been forwarded to Auditor for further processing.) Motion carried. 31. AGREEMENT APPROVED – HONEA EGYPT ROAD – PRECINCT 2 Motion by Commissioner Doyal, seconded by Commissioner Noack, to approve an Interlocal Agreement for regional road improvements between Westwood Magnolia Parkway Improvement District and Montgomery County for the expansion of Honea Egypt Road. Motion carried. 32. LEASE AMENDMENT APPROVED – WOODLANDS LAND DEVELOPMENT COMPANY – PRECINCT 3 Motion by Commissioner Noack, seconded by Commissioner Rinehart, to approve the First Amendment to Lease Agreement between The Woodlands Land Development Company, LP and Montgomery County for lease of approximately 27.327 acres of land in the Walker County School Land Survey, A-599. Motion carried. 13 CITIZENS – AGENDA ITEM 24 BILL O’SULLIVAN – EXPRESSED CONCERN REGARDING AIRPORT BONDS, AIRPORT ATC, TOLL ROAD EXCESS PROCEEDS, AND SEQUESTRATION EFFECT ON THE JOE CORLEY FACILITY. WALTER BOYD – EXPRESSED CONCERN REGARDING ATTORNEYS BILLS AND INVITED THE COURT TO VARIOUS UPCOMING EVENTS. 33. 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 9th District Court to add cell phone allowance to Rebecca Templet, Court Administrator, effective 02/25/13. Request of Animal Control to place Christina Fauver, Clerk I, on payroll as replacement for Kimberly Davis, effective 02/26/13. Request of Custodial to accept resignation of Sandy Elizabeth Grana, Custodian I, effective 02/27/13. (35.68 hours or balance vacation, 31.25 hours or balance compensatory.) Request of Custodial to increase salary of Deng Panyar Riak, Custodian, due to probationary period completed, effective 03/04/13. Request of Custodial to place Silvia Vigil, Custodian II, on unpaid FMLA/Disability leave, effective 03/01/13. Request of Community Development to lay off Autumn Haley, Hurricane Ike Case Manager, due to Grant terminated, effective 02/28/13. (No benefits due.) Request of Community Development to change status of Michael R. Huddle, Hurricane Ike Compliance Officer, from temporary full-time to temporary part-time, effective 03/01/13. Request of Community Development to lay off Christopher Reeves, Hurricane Ike Housing Coordinator, due to Grant terminated, effective 02/28/13. (No benefits due.) Request of Commissioner Pct. 4 to discharge Paige Alexandra McNabb, Clerk I, effective 02/28/13. (6.74 hours or balance of vacation, 6.00 hours or balance of compensatory.) Request of Constable Pct. 1 to increase salary of William Randall Sanson, Sergeant, to correct longevity pay, effective 02/16/13. Request of Constable Pct. 3 to accept resignation of John A. Krpec, Deputy – Constable, effective 02/15/13. (8.24 hours or balance vacation, 9.00 hours or balance compensatory.) Request of Constable Pct. 3 to change position/class code of William Lang, Deputy – Constable, as replacement for Charles Cobb, effective 03/02/13. Request of Constable Pct. 3 to increase salary of David Stafford, Deputy – Warrants, due to transfer as replacement for William Lang, effective 03/02/13. Request of County Auditor to increase salary of Starla Terry, Internal Audit Supervisor, due to promotion as replacement for Cheryl Jakoby, effective 03/04/13. Request of District Attorney to remove Sylvia B. Yarborough, Chief Prosecutor, from payroll due to retirement, effective 03/31/13. (44.76 hours or balance of vacation.) 14 Request of District Clerk to remove Kelli Copeland, Court Clerk II, from payroll due to retirement, effective 02/28/13. (85.66 hours or balance vacation.) Request of District Clerk to place Nichol Kirn, Clerk III on payroll as replacement for Yesenia Rivera, effective 03/04/13. Request of District Clerk to place Juliana Rjepaj, Court Clerk II, on payroll as replacement for Kelli Copeland, effective 03/04/13. Request of Elections to place Krysten Chambers, Temporary Voter Clerk, on payroll in pooled position, effective 03/04/13. Request of Elections to place Paula Day, Temporary Voter Clerk, on payroll in pooled position, effective 03/04/13. Request of Elections to place Ebed Garcia Elizondo, Temporary Voter Clerk, on payroll in pooled position, effective 03/04/13. Request of Juvenile to place Juan Jose Aguirre, Juvenile Probation Officer, on payroll as replacement for Ana Castillo, effective 03/04/13. (Spanish Supplement included). Request of Juvenile to accept resignation of Roberto Defensor, Juvenile Supervision Officer – Substitute, effective 03/01/13. Is eligible for re-hire. (No benefits due.) Request of Juvenile to place Derek Henderson, Juvenile Probation Officer, on payroll as replacement for Kelvin McLeod, effective 03/02/13. Request of Juvenile to place Rhonda Faye Janosec, Juvenile Supervision Officer Substitute, on payroll in pooled position, effective 03/02/13. Request of Juvenile to place John Arthur Milo, III, Juvenile Supervision Officer Substitute, on payroll in pooled position, effective 03/02/13. Request of Juvenile to change status of Donnielle Lyrea Shepherd, Juvenile Supervision Officer, from temporary part-time to regular full-time as replacement for Vermykia Yates, effective 03/02/13. Request of Juvenile to place Kenesha Walls, Juvenile Supervision Officer - Substitute, on payroll in pooled position, effective 03/02/13. Request of Mitchell Library to place Kimberly A. Jones, Shelving Clerk I, on payroll as replacement for Sandra Shackelford, effective 02/26/13. Request of South Regional Library to remove Grace Marie Silver, Library Assistant II, from payroll due to job abandonment, effective 03/01/13. (No benefits due.) Request of Central Library to change status of Lisa M. Stallings, Library Assistant II, from part-time to full-time as replacement for Dora Ramon, effective 03/02/13. Request of Purchasing to place Sandy Matthews-Bernard, Buyer III, on unpaid FMLA/Disability Leave, effective 02/21/13. Request of Sheriff to place Matthew Bartley, Officer – Civilian Detention, on payroll as replacement for Shanon Greer, effective 03/02/13. Request of Sheriff to place Joneatta Brown, Officer – Civilian Detention, on payroll as replacement for Joshua Downing, effective 03/02/13. Request of Sheriff to increase salary of Patrick Gallagher, Corporal – Detention, due to STEP increase, effective 04/13/13. Request of Sheriff to increase salary of Johnny Hatfield, Jr., Detective, due to STEP increase, effective 03/30/13. 15 Request of Sheriff to increase salary of Jason Hodges, Detective, due to promotion as replacement for Ronald Pickering, effective 03/02/13. Request of Sheriff to increase salary of Todd Hoff, Detective, due to STEP increase, effective 04/13/13. Request of Sheriff to place Darla King, Investigator – CR Scene, on unpaid FMLA/Disability Leave, effective 02/07/13. Request of Sheriff to place James Patrick Reed, Officer – Civilian Detention, on payroll due to return from extended Military Leave as replacement for Rachel Overbay, effective 04/01/13. Request of Sheriff to increase salary of Margarito Rosales, Jr., Deputy – Warrants, due to STEP increase, effective 04/27/13. Request of Sheriff to increase salary of Michael Runnels, Deputy Patrol, due to STEP increase, effective 03/30/13. Request of Sheriff to increase salary of George T. Unterreiner, Detective, due to STEP increase, effective 03/30/13. Request of Sheriff to increase salary of Justin Wilkerson, Deputy – Patrol, due to STEP increase, effective 04/27/13. Request of Sheriff to place Kylee Huddleston, Medic, on salary as replacement for Donna McCann, effective 03/09/13. Request of Sheriff to place Darla King, Investigator – CR Scene, on payroll due to return from unpaid FMLA/Disability Leave, effective 03/04/13. Request of Sheriff to accept resignation of Alfred Tyree, Officer – Civilian Detention, effective 03/12/13. (13.88 hours or balance vacation, 22.50 hours or balance compensatory, 10.00 hours or balance of holiday.) Request of Tax Assessor/Collector to place Whitney L. Black, Deputy Specialist I, on salary as replacement for Whitney Lynn, effective 03/11/13. 34. COURT ADJOURNED Motion by Commissioner Noack, 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