commissioners’ court docket february 9, … commissioner court minutes... · commissioners’...

COMMISSIONERS’ COURT DOCKET FEBRUARY 9, 2009REGULAR SESSION

THE STATE OF TEXASCOUNTY OF MONTGOMERY

BE IT REMEMBERED that on this the 9 th day of February, 2009, the HonorableCommissioners’ Court of Montgomery County, Texas, w as duly convened in aRegular Session in the Commissioners’ Courtroom of the Montgomery CountyCourthouse Annex, Conroe, Texas, w ith the follow ing Members of the Court present:

County Judge, Alan “ Barb” SadlerCommissioner, Precinct #1 - Mike MeadorCommissioner, Precinct #2 - Craig DoyalCommissioner, Precinct #3 - Ed ChanceCommissioner, Precinct #4 - Ed RinehartAlso - Aimie Kemp, County Clerk’ s Off ice

INVOCATION GIVEN BY ANN CARR, CHIEF OF STAFF

PLEDGE OF ALLEGIANCE RECITED BY EVERYONE PRESENT

PLEDGE OF ALLEGIANCE TO THE TEXAS STATE FLAG RECITED BY EVERYONEPRESENT

1. COMMISSIONERS’ COURT AGENDA APPROVED

Motion by Commissioner Meador, seconded by Commissioner Doyal, to approveCommissioners’ Court Agenda for discussion and necessary act ion. Motioncarried.

2. MINUTES APPROVED - COMMISSIONERS’ COURT MINUTES - COUNTYCLERK

Mot ion by Commissioner Meador, seconded by Commissioner Chance, toapprove Commissioners’ Court Minutes for January 26, 2009, as presented bythe County Clerk. Motion carried.

3. CONSENT AGENDA APPROVED - AGENDA ITEMS 8A THRU 8L

Motion by Commissioner Chance, seconded by Commissioner Meador, toapprove the Consent Agenda, as follow s:

COUNTY AUDITOR - AGENDA ITEMS 8A

a. ACCOUNTS approved, as submitted by the County Auditor.

b. BUDGET AMENDMENTS FY2008 approved, as follow s:

1. C/P Cert if icates of Obligat ion 2004 - to recognize and allocateinterest and revenue from FY 07.

2. C/P Cert if icates of Obligat ion 2004 - to allocate funds foraddit ional match (M28/06.18.07).

3. C/P Cert if icates of Obligat ion 2004 - to recognize and allocategrant revenue.

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4. Cont ingency - to recognize and allocate revenue.5. Debt Service - to correct adjust line items.6. FEMA Disaster Grant Fund - to recognize and allocate revenue.7. Medical Health - to allocate Women, Infant and Children (WIC)

grant and Local Public Health (ORAS Triple Zero) grant for FY2008.

8. Sherif f - Montgomery County Radio Maint System - to recognizeand allocate proceeds of lease w ith Motorola for purchase ofCounty-w ide handheld radios (M15/12.17.07).

c. BUDGET AMENDMENTS FY2009 approved, as follow s:

1. Animal Shelter - to recognize and allocate revenue.2. C/P Road Bonds Series 2006B - to adjust line items.3. Civic Center - to t ransfer funds for elevator and HVAC.4. Road & Bridge Fund - to carryover unused funds to FY 2009

budget.5. Commissioner Pct 2 - to t ransfer f unds for Blackberry license.6. Commissioner Pct 3 - to recognize and allocate reimbursements.7. Commissioner Pct 4 - to recognize and allocate reimbursements.8. Communications/Info Serv - to transfer funds for telephone for

new courts.9. Communications/Info Serv - to transfer funds for Maximo softw are

maintenance.10. Constable Pct 1 - to recognize and allocate reimbursements.11. Constable Pct 5 - to recognize and allocate reimbursement.12. County Auditor - to t ransfer funds for VPN tokens.13. County Court at Law #3 - to adjust line items.14. County Judge - to t ransfer f unds for burial expense.15. County Park - to t ransfer f unds for Blackberry license.16. District Attorney - to fund DA 24-HR Intake payroll for January

2009 (M23/12.22.08).17. Dist rict Attorney - to t ransfer funds for tw o (2) phones.18. Dist rict Clerk - to adjust line items.19. Emergency Management - to fund new split posn from

Contingency (406-9528-1, Deputy Director) approved CCT10/06/2008.

20. Juv Pow er Recovery Court - to carryover FY 08 Juvenile DrugCourt Grant to FY 09.

21. Purchasing Agent - to adjust line items.22. Risk Management - to recognize and allocate reimbursement.23. Risk Management - to t ransfer funds for damage claims.24. Sherif f - to adjust line items and to transfer funds for anti-virus

softw are.25. Sherif f - to adjust line items and to transfer funds for cabling and

fiber for new radio shop.26. Various - to carryover funds for FY08 encumbrances.

as per Budget Amendments on f ile.

TREASURER - AGENDA ITEMS 8B

a. WEEKLY INVESTMENT REPORT FOR WEEK OF FEBRUARY 2 - 6, 2009approved, as per Report on f ile.

b. PLEDGES AND/OR RELEASES OF COLLATERAL approved, as per Reporton file.

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c. QUARTERLY INVESTMENT REPORT approved, for October - December,2008, as per Report on file.

d. MONTHLY INVESTMENT REPORT approved, for month of January 2009,as per Report on f ile.

e. BANK RESOLUTIONS approved, Account Style: Montgomery CountyDist rict Attorney Administ rat ion Fee, Mont Cty Dist Atty, FederalForfeiture Account , Montgomery Cty District Atty Non Drug PendingSeizure Acct ., Montgomery Cty District Atty Drug Pending Seizure Acct ,Montgomery County District Attorney Non Drug Forfeiture, MontgomeryCounty District Attorney Drug Forfeiture, Montgomery County DistrictAttorney Trust Account , Montgomery County Texas Dist rict Atty StateFunds, as per Resolut ions on f ile.

f . PLEDGED COLLATERAL REPORTS approved, for the months ofSeptember, October, November and December, 2008, as per Reports onfile.

TAX ASSESSOR/COLLECTOR - AGENDA ITEMS 8C

a. JANUARY 2009 SUPPLEMENTAL CHANGES acknow ledged, to 2008Consolidated Taxroll (All Propert ies), as per taxroll on f ile.

PURCHASING DEPARTMENT - AGENDA ITEMS 8D

a. AUTHORIZATION TO ADVERTISE approved, for the follow ingbids/proposals:

1. Transfer tape for t raff ic signs - Various Precincts.2. Hydro Mulch Seeding - Various Departments.3. Construct ion for w idening of non-freew ay facility consisting of

grading, base, st ructures, drainage, concrete pavement, pavementmarkings, signing and signals, etc. from 0.37 miles east of SH 242to 0.18 miles west of IH-45 on FM 1488 - Precinct #2 (MCTP).

(No paperw ork).

b. RENEWAL CONTRACTS approved, as follow s:

1. Texas Lone Star Pavement Services, Inc. (P.O. #2008468) forcrack seal service - Various Precincts

as per Memo on f ile.

c. CHANGE ORDER #4 approved, P.O. #2007529 & 2007529X to GTDistributors, Inc. for changes for Duty Gear and Accessories - VariousDepartments, as per Change Order on f ile.

d. CHANGE ORDER #1 approved, P.O. #2008395 to Bryant’ s Signs forchanges for Vehicle Striping Kits & Installat ion - Various Departments, asper Change Order on f ile.

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e. REQUEST approved, to declare the follow ing it ems as salvage:

Lake Conroe playground equipment - Precinct #1

as per Request on f ile.

f . CHANGE ORDER #1 approved, P.O. #2009164 to A&M Landscape andIrrigat ion for changes for Irrigat ion Systems for West MontgomeryCounty Park - Parks, as per Change Order on f ile.

g. CHANGE ORDER #3 approved, Purchase Order #2007478 to Willow CitySign & Rail, Inc. for Guardrail Installat ion and Repair - Various Precinctsto add items, as per Change Order on f ile.

h. CANCELLATION approved, of the follow ing purchase orders forAddit ional Misc. Maintenance and New Construct ion - VariousDepartments, effective March 6, 2009:

1. P.O. #2008653D to Fairw eather Group, L.L.C.2. P.O. #2008654D to Diamond Commercial Construction, Inc.

as per Memo on f ile.

i. CHANGE ORDER #13 approved, Purchase Order #2004219 to StephensOff ice Supply, Inc. for changes for Off ice/Computer/Paper Supplies andAccessories w /On-line Ordering - Various Departments, as per ChangeOrder on f ile.

j. CHANGE ORDER #8 approved, Purchase Order #2007220 to W.W.Webber, L.L.C. to provide for changes for Construct ion for Widening ofNon-Freew ay Facility Consist ing of Grading, Base, Structures, Drainage,Concrete Pavement, Pavement Markings, Signing and Signals, etc. from0.2 Miles West of FM 2978 to 0.46 Miles East of SH 242 on FM 1488 -Precinct #2 (MCTP), for a total increase of $4,279.04, as per ChangeOrder on f ile.

k. PURCHASE approved, of one (1) Sharp Copier at $6,208.00 fromSkelton Business Equipment. Purchase to be made through the Buy Board- Tax Off ice, as per Pricing on f ile.

l. PURCHASE approved, of a communications system analyzer andassociated equipment at $36,108.80 from Motorola, Inc. Purchase to bemade through the exist ing contract w ith H-GAC - Sherif f ’ s Of f ice, as perCont ract Pricing Worksheet on f ile.

m. PURCHASE approved, of tw o (2) in-car digital video systems at$12,493.00 from COBAN Technologies, Inc. Purchase to be madethrough the exist ing contract w ith H-GAC - Sherif f ’ s Of f ice, as perCont ract Pricing Worksheet and Sales Quote on f ile.

n. CHANGE ORDER #3 approved, Purchase Order #2008606 to WebsterVeterinary Supply, Inc. for changes for Veterinary Supplies - MontgomeryCounty Animal Shelter/Animal Control, as per Change Order on f ile.

o. CHANGE ORDER #2 approved, Purchase Order #2008607 to Tradew indsTrading Co., Inc. for changes for Veterinary Supplies - MontgomeryCounty Animal Shelter/Animal Control, as per Change Order on f ile.

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p. NAME CHANGE approved, of KDM Property Acquisit ions to KDMAcquisit ion Services, Inc. as per Memo on f ile.

q. CHANGE ORDER #2 approved, P.O. #2008600 to Burnside Services,Inc. for Design Build of a Sports Complex - Precinct #4 to addconstruct ion of a concrete pad to the specif ications w ith no increase inprice, as per Change Order on f ile.

RISK MANAGEMENT - AGENDA ITEMS 8E

a. PAYMENT acknow ledged and recorded, to Masters Touch CollisionRepair in the amount of $3,325.38 in reference to CLAIM #A-08-0084.Date of accident: 09/02/08, as per Memo on f ile.

b. PAYMENT acknow ledged and recorded, to Masters Touch CollisionRepair in the amount of $369.10 in reference to CLAIM #A-08-0091.Date of accident: 06/26/08, as per Memo on f ile.

c. PAYMENT acknow ledged and recorded, to Elba Hemauer in the amountof $476.31 in reference to CLAIM #A-09-0017. Date of accident:01/12/09, as per Memo on f ile.

d. PAYMENT acknow ledged and recorded, to Kenny Rey in the amount of$1,624.24 in reference to CLAIM #B-09-0011. Date of accident:10/16/08, as per Memo on f ile.

e. PAYMENT acknow ledged and recorded, to Enterprise Rent-A-Car in theamount of $223.45 in reference to CLAIM #A-08-0091. Date ofaccident: 06/26/08, as per Memo on f ile.

f . OFFICIAL BONDS AND OATHS approved, as follow s:

1. Joseph W. McGalliard - Deputy Constable Pct #3 - Bond#15454718 - Renew al

2. Frank Mitchell - Deputy Constable Pct #3 - Bond #15487515 - Renew al

3. Shane Hatton - Deputy Constable Pct #3 - Bond #15487511 -Renew al

4. Anneliese Staf ford - Deputy Constable Pct #3 - Bond #15487513 -Renew al

5. Richard Vogel - Deputy Montgomery County Constable - Bond#15101519 - Renew al

6. Paul Cooke - Deputy Constable Pct #3 - Bond #15487516 -Renew al

7. Ollie Nell Gage - Reserve Deputy Constable Pct 1 - Bond#14952797 - Renew al

as per Bonds on f ile.

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COMMISSIONERS - AGENDA ITEMS 8F

a. PRECINCT 2

1. CHECK accepted, in the amount of $202.98 from The FriendshipCenter for reimbursement of fuel usage for December, 2008.Funds to be placed into 613-7357, as per Memo on file. (Checkforw arded to County Treasurer for further handling).

b. PRECINCT 3

1. ROADS accepted, into the County Road Maintenance System inThe Estates of Legends Ranch - Sec 2, and BOND released, as perMemo on file.

2. LETTER approved, to Mr. Michael Baker, Jr. regarding the FEMAMaps, as per Memo on f ile.

c. PRECINCT 4

1. CHECK accepted, Check #15020, in the amount of $1,010.76from The City of Roman Forest for the purchase of fuel for themonth of December, 2008. To be deposited into account615.7357, as per Memo on file. (Check forw arded to CountyTreasurer for further handling).

2. FINANCIAL STATEMENT approved, ending September 30, 2008for Montgomery County Emergency Services Dist rict #7, as perReport on file.

3. FINANCIAL STATEMENT approved, ending September 30, 2008for Montgomery County Emergency Services Dist rict #9, as perReport on file.

4. PAYMENT accepted, f rom R&R Salvage, Inc. for $2,028.00 forthe purchase of scrap metal from Montgomery County Pct . 4Commissioner’ s Off ice. Proceeds to be placed in account615.7357, as per Memo on file. (Check forw arded to CountyTreasurer for further handling).

5. CHECK accepted, $18,887.00 from ABC Holdings for the paymentto Montgomery County Pct . 4 for the demolit ion of the truck stopat 20196 US 59, New Caney, TX 77357. Proceeds to be placed inaccount 615.7598, as per Memo on file. (Check forw arded toCounty Treasurer for further handling).

6. CHECK accepted, Check #34176, in the amount of $365.61 fromthe Montgomery County Commit tee on Aging dba The FriendshipCenter for fuel used for the month of December, 2008. To bedeposited into account 615.7357, as per Memo on file. (Checkforw arded to County Treasurer for further handling).

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COMMISSIONERS - COUNTY ENGINEER - AGENDA ITEMS 8G

a. PRECINCT 1

1. ROADS accepted, in Emerald Lakes, Sect ion 1, consisting of9119.20 L.F., 1.7 Miles, into the one year maintenance periodeffect ive February 9, 2009, as per Memo on f ile.

b. PRECINCT 2

1. ROADS accepted, in The Woodlands - North Gosling Road StreetDedicat ion, consist ing of 224.60 L.F., 0.04 Miles, into the county road system, and BOND released, as per Memo onfile.

2. ROADS accepted, in Crow n Ranch, Sect ion 1, consisting of22,934.49 L.F., 4.34 Miles, into the one year maintenance periodeffect ive February 9, 2009, as per Memo on f ile.

3. ROADS accepted, in Crow n Ranch, Sect ion 1A, consisting of422.35 L.F., 0.08 Miles, into the one year maintenance periodeffect ive February 9, 2009, as per Memo on f ile.

c. PRECINCT 4

1. FINAL PLAT approved, for Kings Mill, Section 2 (Amending PlatNo. 1), consist ing of 12.787 Acres, as per Plat on f ile.



4. FINAL PLAT approved, for Montgomery Creek Ranch, Sect ion 5,consist ing of 18.02 Acres, as per Plat on f ile.

5. FINAL PLAT approved, for Montgomery Creek Ranch, Sect ion 6,consist ing of 14.63 Acres, as per Plat on f ile.

6. FINAL PLAT approved, for Oakhurst Terrace, Sect ion 2, consistingof 14.8144 Acres, as per Plat on file.

COMMISSIONERS - COUNTY ATTORNEY - ROAD AND BRIDGES - AGENDAITEMS 8H

a. PRECINCT 1

1. ORDER approved, authorizing County Judge to sign draw onmaintenance bond and letter of credit for Grandview Sect ion One(1), as per Order on f ile.

2. ORDER approved, authorizing County Judge to sign draw onmaintenance bond and letter of credit for Grandview Sect ion Two(2), as per Order on f ile.

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3. ORDER approved, authorizing County Judge to sign draw onmaintenance bond and let ter of credit for Grandview Section Three(3), as per Order on f ile.

b. PRECINCT 2

1. AGREEMENT approved, authorizing placement of improvementsw ithin right-of-way of Windcrest National Drive, as per Agreementon file.

2. ORDER approved, authorizing payment of Special CommissionersAw ard and Special Commissioners Fees for Parcel 23 of theNichols Sawmill Road Project in the amount of $30,000.00 madepayable to Barbara Adamick, District Clerk, for the benefit ofCheryl Anne Wyrick, et al. , as per Order on f ile.

c. PRECINCT 3

1. ORDER approved, accepting donation deed for Parcel 1 of theRayford Road Widening Project and County Judge authorized tosign for the acceptance of the donation deed, as per Order andDonat ion Deed on f ile.

ENVIRONMENTAL HEALTH - AGENDA ITEM 8I

a. REQUEST approved, to rescind order to abate nuisance approved onOctober 6, 2008:

1. 7960 Bilnoski Road, Willis, Texas 773782. 11093 Quinland North Lake Drive, Conroe, Texas 77303

as per Request and Resolut ion and Orders on f ile.

PARKS - AGENDA ITEM 8J

a. USE AGREEMENTS approved, as follow s:

1. Willis Girls Softball Associat ion Charles Traylor Memorial Park - Precinct #1

2. Splendora Youth Baseball AssociationIpes Park - Precinct #4

3. Montgomery Youth Sports Associat ionWest Montgomery County Park - Precinct #1

as per Use Agreements on f ile.

INFRASTRUCTURE - AGENDA ITEMS 8K

a. DONATION accepted, of Check #3106, dated January 20, 2009, in theamount of $10.00, f rom Mark Bosma for his subpoena from JackDaniel’ s Legal regarding Cause Number 08-01-00167-CV, as perDocumentat ion on file. Funds to be placed in general fund. (Checkforw arded to County Treasurer for further handling).

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b. FUNDS approved, in the amount of $500.00 to Stanley ConvergentSolutions, Inc. for tw o (2) hand held metal detectors for the new securitystation at 207 W. Phillips. Funds to be taken out of bond monies, lineitem 5107-75104, as per Memo and Service Tickets on f ile.

c. FUNDS approved, in the amount of $11,601.00 to Stanley ConvergentSecurity Solut ions, Inc. for the installat ion of security cameras andvarious equipment for the new security station at 207 W. Phillips. Fundsto be taken out of bond monies, line item 5107-75104, as per Memo,Cont ract Riders, and Proposal on f ile.

d. RESOLUTION approved, for claims f rom Diamond CommercialConstruct ion, Inc. for the tax off ice renovations, as per Order to Pay onfile.

COUNTY ATTORNEY - AGENDA ITEMS 8L

a. BAIL BOND MEMBERS approved: Keith Stew art , County Court at Law #5Judge, and Matt Masden, Just ice of the Peace for Precinct 5, asmembers of the Bail Bond Board pursuant to Sect ion 1704.053 of theOccupations Code, as per Memo on f ile.

b. FINAL EXECUTED LETTER AGREEMENT acknow ledged, w ith theMontgomery County Hospital District in Re: Final disbursement to Countyfrom Capital Replacement Fund pursuant to radio Interlocal Agreement,as approved December 22, 2008, Motion #41, as per Resolut ion andOrder on f ile.

c. RESOLUTION approved, rat ifying the county’ s formal not ice toMontgomery County Hospital Dist rict and City of Conroe of f inalw ithdraw al from 800 MHz t runked communications system, as perResolut ion and Order on f ile.

Motion carried.

END OF CONSENT AGENDA________________________________________________________________________________________________________________________________________________________________

4. ANNUAL MEMBERSHIP FEES APPROVED - NORTH AND EAST COUNTYJUDGES AND COMMISSIONERS ASSOCIATION - COUNTY JUDGE

Mot ion by Commissioner Meador, seconded by Commissioner Chance, toapprove annual membership fee of $125.00 for the North and East CountyJudges and Commissioners Associat ion, as per Memo and Invoice on f ile.Motion carried.

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5. REAPPOINTMENTS APPROVED - MONTGOMERY CO HISTORICALCOMMISSION - COUNTY JUDGE

Motion by Commissioner Chance, seconded by Commissioner Rinehart, toapprove the follow ing reappointments to the Montgomery County HistoricalCommission for 2009-2010 term:

Chair: Gert ie Spencer

Advisory: Cissy Boulw are

Members: Edith ClantonHarley GandyMartha GandyCeleste GravesNancy JacksonCol. Raymond LaughterReba LaughterSue Ann Pow ellNevaire RichardsonAnna ShepeardEulice Vial

as per Memo on file. Motion carried.

6. CHANGE ORDER APPROVED - “ HURRICANE IKE” - COUNTY JUDGE

Motion by Commissioner Chance, seconded by Commissioner Doyal, to approveChange Order to Crowder Gulf Disaster Recovery & Debris Management in theamount of $248,797.00 for restoration of exist ing athlet ic f ields due toHurricane Ike, as per Change Order on f ile. Motion carried.

7. REQUEST APPROVED - POSITION PAYOFF & TRANSFER OF FUNDS -CONSTABLE PCT 3

Motion by Commissioner Chance, seconded by Commissioner Rinehart, toapprove the follow ing:

a: Funding in the amount of $7937.16 for payoff of 5531-7815-1 uponretirement. Funds to come from unf illed posit ion #5531-5910-10 from10/17/08 through 12/26/08. This funding transfer w ill not impact theFY09 budget or future budgets.

b. Transfer of $2243.56 from position #5531-5916-1 to position #5531-5910-7. This funding transfer w ill not impact the FY09 budget or futurebudgets.


8. REQUEST APPROVED - ADDITIONAL FUNDING - CONSTABLE PCT 4

Mot ion by Commissioner Rinehart, seconded by Commissioner Chance, toapprove request for addit ional funding for operating budget, as per Memo onfile. Funding from Contingency. Mot ion carried.

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9. REQUEST APPROVED - TRANSFER OF FUNDS - SHERIFF

Motion by Commissioner Chance, seconded by Commissioner Rinehart, toapprove the budgeted salaries and associated longevit y, certif ication and/orother associated pays w ith the follow ing posit ion changes:

AMOUNT FROM TO

$5,487.00 5121-9999-999 5121-5800-8$6,500.00 5121-5803-23 5121-9999-999$2,999.00 5121-5803-37 5121-9999-999$7,311.00 5121-5800-20 5121-9999-999$2,923.00 5121-5800-48 5121-9999-999$2,621.00 5121-5800-137 5121-9999-999$2,621.00 5121-5800-46 5121-9999-999$ 519.00 5601-9999-999 5601-3920-18$ 794.00 5601-3940-8 5601-9999-999$ 600.00 5601-9999-999 5601-9997-999

These transfers do not increase the approved salary structure, as per Memo onfile. Mot ion carried.

10. PROPOSAL APPROVED - FY 2010 SPEED STEP GRANT - SHERIFF

Motion by Commissioner Doyal, seconded by Commissioner Meador, to approvethe submission of the FY 2010 Speed Step Grant Proposal and any funds asapproved by TXDOT. Matching funds w ill be addressed in the budget processfor FY 2010, as per Grant Proposal on f ile. Motion carried.

11. VARIANCE APPROVED - ENVIRONMENTAL HEALTH

Motion by Commissioner Doyal, seconded by Commissioner Meador, to approvea variance request to install an aerobic on-site system in the 100-year f loodplainlocated at 2926 Windmill Lane, Montgomery, Texas, 77316 for EmetrioCharles, as per Documentation on f ile. Motion carried.

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12. REQUEST APPROVED - DEMOLITION OF HOMES - ENVIRONMENTAL HEALTH

Mot ion by Commissioner Rinehart, seconded by Commissioner Chance, toapprove a request for demolit ion on the follow ing propert ies that areabandoned, deemed unsafe, or unlivable:

a. PRECINCT 1

1. 10000 Amblew ood, Willis, Texas 773782. Hidden Forest Estates, Section 2, Lot 49, Aspen Drive,

Montgomery, Texas 773563. 10196 Barberry Street, Willis, Texas 77378

b. PRECINCT 4

1. 21091 Dunn, New Caney, Texas 773572. 23522 West Heritage Oaks Drive, Porter, Texas 773653. 15086 Dew berry Lane, Conroe, Texas 77302

Estimated Total Cost: $33,000.00Funded By: CDBG

as per Orders to Abate Public Nuisances on f ile. Motion carried.

13. REQUEST APPROVED - FY 2009 SUPPLEMENTAL GRANT - AUTO THEFTTASK FORCE

Mot ion by Commissioner Meador, seconded by Commissioner Chance, toapprove a request for approval and signatures on the FY 2009 SupplementalGrant Aw ard documents by the Automobile Theft Prevent ion Authority, as perStatement of Supplemental Grant Aw ard, Grantee Acceptance Notice, andGrant Adjustment Notice on file. Motion carried.

14. MEMBERS ACKNOWLEDGED - 2009 SALARY GRIEVANCE COMMITTEE -COUNTY CLERK

Motion by Commissioner Meador, seconded by Commissioner Doyal, to acceptthe follow ing Members to serve on the 2009 Salary Grievance Committee forElected Off icials:

a. Eileen Stilson - Primary Memberb. Mel Brow n - Primary Memberc. Richard Kooker - Primary Memberd. Bonnie Hurn - Alternate Membere. Janis Boulw are - Alternate Memberf. Steve J. Wolford - Alternate Member


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15. REQUEST APPROVED - RUNWAY 14-32 EXTENSION PROJECT - LONE STAREXECUTIVE AIRPORT

Motion by Judge Sadler, seconded by Commissioner Meador, to approverequest from the Texas Department of Transportation Aviat ion Division toadvise TXDOT as to the County’ s readiness to accelerate the Runw ay 14-32Extension Project, in the event that TXDOT funds are made available earlierthan previously proposed as ref lected in the current TXDOT Aviat ion CapitalImprovement Program dependent on stimulus package, and to identifyCont ingency as funding source for $40,000 for design engineering and approvalfor $900,000 in next year’ s budget, as per Memo on file. Motion carried.

16. REQUEST APPROVED - CARRYOVER BALANCE - PARKS

Motion by Commissioner Meador, seconded by Judge Sadler, to approve thecarryover balance of 2008 budget Department 511 to the current 2009 budget.Approximate amount is $3,469.00, as per Memo on file. Motion carried.

17. RESOLUTION APPROVED - INTENT TO FINANCE EXPENDITURES - AUDITOR

Mot ion by Commissioner Rinehart, seconded by Commissioner Chance, toapprove a Resolut ion expressing intent to f inance expenditures to be incurred asrelated to const ruct ion for FM 1314 and FM 1484, as per Resolut ion on f ile.Motion carried.

18. REQUEST APPROVED - USE OF FUNDS-JP #3 - AUDITOR

Motion by Commissioner Chance, seconded by Commissioner Rinehart, toapprove request by Just ice of Peace Pct. 3 to use $11,128.59 from the Just iceCourt Technology Fund, as per Memo and Quotation on f ile. Motion carried.

19. REQUEST APPROVED - USE OF FUNDS-CCL #1 - AUDITOR

Motion by Commissioner Meador, seconded by Commissioner Doyal, to approverequest by County Court at Law #1 to use $1,389.50 from the Court ReporterService Fund, as per Memo and Purchase Order on f ile. Motion carried.

20. REQUEST APPROVED - USE OF FUNDS-CCL #1 - AUDITOR

Mot ion by Commissioner Meador, seconded by Commissioner Doyal, to use$832.74 from the Court Reporter Service Fund, as per Memo on file. Motioncarried.

21. REQUEST APPROVED - USE OF FUNDS-435th DISTRICT COURT - AUDITOR

Motion by Commissioner Meador, seconded by Commissioner Rinehart, toapprove request by 435 th District Court to use $1,026.56 from the CourtReporter Service Fund, as per Memo on file. Motion carried.

22. GRANT SUBMISSION APPROVED - SPECIALIZED INVESTIGATOR - DISTRICTATTORNEY

Motion by Commissioner Meador, seconded by Commissioner Rinehart, toapprove the submission of a grant to H-GAC and the Governor’ s CriminalJust ice Division for a Specialized Investigator, as per Grant on f ile. Motioncarried.

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23. REQUEST APPROVED - TRANSFER OF FUNDS - DISTRICT ATTORNEY

Motion by Commissioner Rinehart, seconded by Commissioner Meador, toapprove the follow ing transfer of funds to allow funding for posit ion changes:

AMOUNT FROM TO

$ 2,000.00 4351-3920-2 4351-7906-1$ 8,000.00 4351-7912-2 4351-7906-1$ 2,177.25 4351-3920-2 4351-9999-999$ 5,054.00 4351-7702-1 4351-7704-7$ 3,862.11 4351-7702-1 4351-9999-999$65,000.00 4351-7912-2 4351-7905-11$65,000.00 4351-7904-10 4351-7905-12$60,000.00 4351-7905-5 4351-7906-1

These transfers do not increase the approved salary budget, as per Memo onfile. Mot ion carried.

24. REQUEST APPROVED - CHANGE IN POSITIONS - DISTRICT ATTORNEY

Motion by Commissioner Meador, seconded by Commissioner Rinehart, toapprove the follow ing changes in posit ions:

Close posit ion #3920-2 - Clerk IIOpen posit ion #4229-1 - Administ rative Assistant IIClose posit ion #7702-1 - Coordinator-Systems

as per Request on f ile. Motion carried.

RECOMMENDATIONS AND CONTRACTS - PURCHASING - DEFERRED(AGENDA ITEMS 20A-1-2, 4-10, 12-17)

RECOMMENDATIONS AND CONTRACTS - PURCHASING - REJECT(AGENDA ITEM 20A-3) - RFP/Q LEASE & DEVELOPMENT OF APPROX. 1.927 ACREPARCEL OF AIRPORT PROPERTY - AIRPORT - PROJECT #2008-0153

25. RECOMMENDATIONS AND CONTRACTS APPROVED - PURCHASING(AGENDA ITEM 20A-11)

Motion by Commissioner Chance, seconded by Commissioner Doyal, to approvethe follow ing recommendation and contract:

a. Pneumatic Metro-Fit Metering Replacement Hot and Cold Cartridges andAdapter Assembly - Sherif f ’ s Of f ice - Project #2009-0050, openedFebruary 4, 2009, aw arded to Moore Supply Co.

as per Recommendation and Contract on f ile. Motion carried.

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26. DISCRETIONARY EXEMPTIONS APPROVED - PURCHASING

Mot ion by Commissioner Meador, seconded by Commissioner Chance, toapprove the follow ing discretionary exempt ions:

a. Utilizing the contract w ith the Texas Department of InformationResources and Dell Marketing, L.P. for IT Technology products - VariousDepartments to be effective January 27, 2009. To be considered adiscretionary exemption per Texas Local Government Code Sect ion271.083.

b. Utilizing the contract w ith the Texas Department of InformationResources and Future Com, Ltd. for netw orking products, softw are &service - Various Departments to be effective January 27, 2009. To beconsidered a discretionary exemption per Texas Local Government CodeSection 271.083.

c. Emergency repair of Court Annex elevator for a fee of $4,495.00provided by A&F Elevator Co., Inc. - Building Maintenance. To beconsidered a discretionary exemption per Texas Local Government CodeSection 262.024. Funding from Contingency.

as per Discret ionary Exempt ions on file. Motion carried.

27. PURCHASE APPROVED - AIRPORT CONTROL TOWER EQUIPMENT -PURCHASING

Motion by Commissioner Meador, seconded by Commissioner Doyal, to approvethe purchase of equipment for the airport control tow er at $2,472.00 fromvarious vendors. Purchase to be funded by the airport control tow ercont ingency - Airport , as per List on f ile. Motion carried.

28. AMENDMENT APPROVED - YMCA OCCUPANCY AGREEMENT - COUNTYATTORNEY

Mot ion by Commissioner Rinehart, seconded by Commissioner Chance, toapprove amendment to occupancy agreement w ith the YMCA of GreaterHouston to extend the term of the lease and increase the monthly lease rate forits occupancy in the East Montgomery County Community Development Center,as per Amendment to Occupancy Agreement on f ile. Motion carried.

29. FILING SUIT AUTHORIZED - STONE RANCH DEVELOPMENT GP, L.L.C. -COUNTY ATTORNEY

Mot ion by Commissioner Meador, seconded by Commissioner Chance, toauthorize f iling lit igation against Stone Ranch Development GP, L.L.C., and anyother necessary party. Funding source designated as Cont ingency, as per FirstAmended Order Authorizing Filing of Suit on f ile. Motion carried.

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30. RESOLUTION AND ORDER APPROVED - ACCESS BUILDS CHILDREN/MO. CO.WOMEN’ S CENTER - COUNTY ATTORNEY

Mot ion by Commissioner Meador, seconded by Commissioner Chance, toapprove and authorize execut ion of Resolut ion and associated documentationapproving county’ s part icipation in a collaborat ion betw een Access BuildsChildren, The Montgomery County Women’ s Center, and the local courts inorder to apply for the off ice of Violence against Women’ s Safe Havenssupervised visitation and safe exchange grant program, as per Resolut ion andOrder and Memorandum of Understanding on file. Motion carried.

31. RESOLUTION AND ORDER APPROVED - PAYMENT TO MOTOROLA - COUNTYATTORNEY

Motion by Commissioner Chance, seconded by Commissioner Rinehart, toapprove Resolut ion and Order to pay Motorola $419,058.00 for radio upgradesas required by Motorola’ s contract executed pursuant to the frequencyreconfigurat ion agreement approved on October 24, 2008, Mot ion #3-A, as perMemo and Order to Pay on file. Motion carried.

32. REQUEST APPROVED - UNDERBRUSH CLEARING - PCT 1

Mot ion by Commissioner Meador, seconded by Commissioner Chance, toapprove to clear and underbrush 50 acres purchased for fairgrounds north ofHighline Drive and cont ingency identif ied as funding source, as per Memo onfile. Mot ion carried.

AGENDA ITEM 23A-2 - UNION PACIFIC RAILROAD CO. GRADE CROSSINGCONSTRUCTION AND MAINTENANCE AGREEMENT - DEFERRED

33. REQUEST APPROVED - LITTLEFIELD BROS CONCRETE VS. GASKEYCONSTRUCTION - PCT 4

Mot ion by Commissioner Rinehart, seconded by Commissioner Chance, toapprove request from Lit t lef ield Brothers Concrete Construct ion for $23,409.50claim as subcontractor to Gaskey Construct ion for the R.B. Tullis Library. Fundsto be paid f rom the library bonds, as per Documentation on f ile. Mot ion carried.

EXECUTIVE SESSION

The Court recessed into Execut ive Session in the County Judge’ s Chambers todiscuss matters pursuant to one or more of the follow ing Provisions of theTexas Government Code, to w it : Chapter 551, Sub-Chapter D:

Article 551.071

1. Consider and discuss Cause No. H-07-3814, styled Paul Alexander Burnsvs. Honorable K. Michael Mayes, in an off icial capacity, MontgomeryCounty, Texas and John Does, Individually, and in an off icial capacity; inthe United States District Court for the Southern Dist rict of Texas -Houston Division; Claim No. B-07-0102

2. Consider and discuss claim of Montgomery County, Texas against JuanGomez; Claim No. U-06-0104

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3. Consider and discuss EEOC Charge No. 460-2007-03574, styledDelonna Snow vs. Montgomery County, Texas and James Metts; in theU.S. Equal Employment Opportunity Commission, Houston District Off ice- 460, Harris County, Texas; Claim No. C-07-0055

COURT RECONVENED WITH ALL MEMBERS OF THE COURT PRESENT

AGENDA ITEM 26 - CITIZENS - THERE WERE NO CITIZENS PRESENT WHO WISHEDTO ADDRESS COMMISSIONERS’ COURT.

34. PAYROLL CHANGE REQUESTS APPROVED - HUMAN RESOURCES

Mot ion by Commissioner Meador, seconded by Commissioner Chance, toapprove the follow ing Payroll Change Request Forms:

request of 284 th Dist rict Court to accept the resignation of Julie G. Williams,Legal Assistant II, w ith 21.56 vacation hours due, effective January 23, 2009

request of Airport Maintenance to correct job status of Carl J. Swenson, Jr.,Part-t ime Unicom Operator, effective January 10, 2009

request of Airport Maintenance to place Richard H. Thomas, Part Time UnicomOperator, on payroll, (replacement for Larry Hooker), effective February 9, 2009

request of Animal Shelter to place Minda Harris, Kennel Help, on payroll,(replacement for Christ ina Shores), effective January 26, 2009

request of Animal Shelter to place Nicholas Radford, Kennel Help, on payroll,(replacement for Emilee Rambaud), effective January 26, 2009

request of Animal Shelter t o accept the resignation of Emilee Rambaud, KennelHelp, effective January 20, 2009

request of Civic Center Complex to place Wiley D. Joyner, FacilityWorker/Grounds Maintenance on payroll, (replacement for John Wright),effective January 27, 2009

request of Collect ions to place Roy Yancy, Collect ion Specialist I, on payroll,(replacement for Brenda Corona), effective January 26, 2009

request of Commissioner Pct 3 to transfer Chandra K. Goode, f rom DeputySpecialist II to Clerk I, (replacement for Loretta New ton), effective February 1,2009

request of Commissioner Pct 3 to accept the resignation of Loretta New ton,Clerk I, w ith 118.16 vacation hours due, effective January 30, 2009

request of Constable Pct 2 to promote Janie McCown, Deputy (Mont. TraceContract) to Deputy, (replacement for Teresa Chilcutt), effective February 7,2009

request of Constable Pct 2 to place Toby McLaughlin, Deputy (MontgomeryTrace Contract), on payroll, (replacement for Janie McCown), effect ive February7, 2009

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request of Constable Pct 3 to accept the resignation of Rhonda Carson, Deputy,w ith 49.81 vacation hours due, and 8 holiday hours due, effective January 9,2009

request of Constable Pct 3 to correct salary on PCRF approved by CC 01/12/09for Kimberly Franklin, Captain, effective January 5, 2009

request of Constable Pct 3 to correct salary on PCRF approved by CC 01/12/09for Rick McDougald, Lieutenant, (replacement for Kimberly Franklin), effectiveJanuary 5, 2009

request of Constable Pct 3 to transfer Katie Alexander, Deputy, (replacementfor Rick McDougald), effective January 12, 2009

request of Constable Pct 4 to discharge Rachel Gibson, Adm. Assistant I, w ith162.285 vacation hours due, effective January 23, 2009

request of Constable Pct 4 to correct PCRF approved by CC 01/12/09 for MarkSeals, Investigator, to remove auto allowance, effective January 1, 2009

request of County Auditor to increase the salary of Bett y Lynn Lovin, AccountPayable Assistant, probationary period completed, effective January 24, 2009

request of County Auditor to increase the salary of Denise J. Riebold, AccountPayable Coordinator, probationary period completed, effective January 24,2009

request of County Clerk to place Virginia Soto, Clerk II, on return fromPaid/Unpaid FMLA/Disability Leave, effective January 26, 2009

request of District Attorney to promote Frank Barnett, from Attorney I toAttorney II, effective February 2, 2009

request of District Attorney to promote Sheri Lynn Culberson, from At torney Ito Attorney II, effective February 2, 2009

request of District Attorney to promote Krist i Nicole Czajkoski, from At torney Ito Attorney II, effective February 2, 2009

request of District Attorney to place Blake Enax, Attorney I, on payroll,(replacement for Darla Faulkner), effective February 2, 2009

request of District Attorney to promote Darla F. Faulkner, from Attorney I toAttorney II, effective February 2, 2009

request of Dist rict Attorney to change the salary and job t it le of Jeffrey Helms,At torney II, job re-evaluated, effective February 7, 2009

request of District Attorney to place Mary Nan Huffman, Attorney I, on payroll,(replacement for Krist i N. Czajkoski), effective February 2, 2009

request of District Attorney to promote Stuart Hughes, f rom Attorney I toAttorney II, effective February 2, 2009

request of District Attorney to place Jeredith Jones, Attorney I, on payroll, (replacement for Stuart Hughes), effective February 2, 2009

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request of District Attorney to place Michael Matlak, Attorney I, on payroll,(replacement for Frank Barnett), effective February 17, 2009

request of District Attorney to bridge time for Sheri Mericle, Legal Assistant I,new leave anniversary date 4-19-2001, effective January 22, 2009

request of District Attorney to place Tracy Pullan, Attorney II, on UnpaidFMLA/Disability Leave, effective January 13, 2009

request of District Attorney to place Tracy Pullan, Attorney II, on Return f romPaid/Unpaid FMLA/Disability Leave, effective January 20, 2009

request of District Attorney to change job t it le of Dew ey Lee Romero, f romAt torney I to At torney II, job re-evaluated, effective February 7, 2009

request of District Attorney to place Diana Sanford, Attorney I, on payroll,(replacement for Sheri Culberson), effective February 2, 2009

request of District Attorney to increase the salary of David Parker Ward, PMIntake At torney, job re-evaluated, effective February 7, 2009

request of District Clerk to promote Susie Herman, from Court Clerk II to CourtClerk IV, new position, effective January 26, 2009

request of District Clerk to promote Gilberto Huerta, f rom Court Clerk II toCourt Clerk IV, (replacement for Dayna Brass), effective January 26, 2009

request of Elections to promote Rina French, f rom Bilingual Voter RegistrationClerk to Contracts Assistant/Hispanic Liaison, (replacement for Gina Guzman),effective February 2, 2009

request of Environmental Health to place Kelly Wilks, Clerk IV, on payroll,(replacement for Elizabeth Escamilla), effective February 9, 2009

request of Juvenile to t ransfer Elizabeth Escamilla, f rom Clerk IV to JuvProbation Off icer, (replacement for Linda Simoneau), effective January 26,2009

request of Juvenile to accept the resignation of Amanda Beth Foster,Counselor, effective January 21, 2009

request of Juvenile to place Laurie Frankenfield, Counselor, on payroll,(replacement for Amanda Foster), effective January 26, 2009

request of Juvenile to discharge Donnielle Shepherd, Substitute DetentionOff icer, effective January 22, 2009

request of Juvenile to discharge Joseph Alandis Williams, Substitute DetentionOff icer, effective January 22, 2009

request of Library to place Lauren Evans, Shelving Clerk I, on payroll,(replacement for Terri Beasley), effective February 9, 2009

request of Library to place Laura Guadamuz, Shelving Clerk I, on payroll,(replacement for Carol Lyon), effective January 26, 2009

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request of Library to change status of Sarah Kathleen Harris, Shelving Clerk I,(replacement for Bonita Osborne), from 25 hours w eekly to 15 hours w eekly,effective January 26, 2009

request of Library to change status of Mary Ellen LaFrancis, Shelving Clerk I,(replacement for Sarah Harris), from 14 hours w eekly to 25 hours w eekly,effective January 26, 2009

request of Library to place Natalia Martakova, Shelving Clerk I, on payroll,(replacement for Mary Ellen LaFrancis), effective February 2, 2009

request of Library to place Elizabeth Wallace, Library Assistant II, on payroll,(replacement for Just in Malin), effective February 10, 2009

request of Sheriff to demote Elias Diaz III, from Deputy - Patrol District #4 toOff icer - Civilian Detention, (replacement for James Lollar), effect ive January31, 2009

request of Sherif f to increase the salary of Wayburn Harbison, Off icer-CivilianDetention, probationary period completed, effect ive October 4, 2008

request of Sheriff to accept the resignation of Wayburn Harbison, Off icer-Civilian Detent ion, w ith 67.76 vacation hours due, 129.75 comp hours due,and 56 holiday hours due, effective February 6, 2009

request of Sheriff to accept the resignation of Cody Harmon, Dispatcher, w ith59 vacation hours due, 34.63 comp hours due, and 33 holiday hours due,effective February 6, 2009

request of Sherif f to promote Valerie Hinson, from Clerk II to Clerk IV,(replacement for Peggy Loft in), effective February 9, 2009

request of Sheriff to place Ryan Jones, Off icer - Civilian Detention, on payroll,(replacement for Steven Ortiz), effective January 31, 2009

request of Sheriff to place Michael Kelley, Temporary Data Clerk, on payroll,effective January 31, 2009

request of Sherif f to demote Peggy Loft in, from Clerk IV to Clerk II,(replacement for Valerie Hinson), effective February 9, 2009

request of Sherif f to demote William Brandon Rogers, f rom Deputy-Detention toOff icer-Civilian Detention, (replacement for Stephen Parker), effect ive January24, 2009

request of Sheriff to place Terry Thomas, Off icer-Civilian Detention, on payroll,(replacement for Amber Harrison), effective January 31, 2009

request of Sherif f to place Barry Ward, Sr., Off icer-Civilian Detention, onpayroll, (replacement for Misty Washburn), effective January 31, 2009

request of Sheriff to transfer Kristy Wroten, from Deputy - Patrol District #1 toDeputy - Patrol District #2, (replacement for Rockalyn Woodrick), effective February 7, 2009

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request of Commissioner Pct 2 to increase the salary of Debora Garcia,Administrat ive Assistant I, probationary period completed, effective February 2,2009

request of Constable Pct 4 to place James Cox, Deputy Constable, on payroll,(replacement for Stacey Baumgartner), effective February 7, 2009

request of Sheriff to accept the resignation of Beth A. Traxler, Clerk IV, w ith10.12 vacation hours due, and 32.63 comp hours due, effective January 14,2009

request of Constable Pct 2 to place Toby McLaughlin, Deputy (ContractMont.Trace), on payroll, (replacement for Janie McCown), effective February 7,2009

request of Auditor to place Ronada St. Marie, General Ledger Accountant, onUnpaid FMLA/Disability Leave, effective February 2, 2009

as per Payroll Change Request Forms on f ile. Motion carried.

AGENDA ITEM 29A - WORKSHOP ON REGIONS AIR QUALITY PLANS FORMONTGOMERY COUNTY - Ms. Shelly Whitw orth gave an Environmental Healthpresentation on the Regions Air Quality Plans for Montgomery County and allow ed forquestions and answers for court members to address H-GAC’ s Emission Reduct ionGrant Program.

COMMISSIONER RINEHART EXPRESSED CONCERN OVER DECREASING THE SIZEOF LOTS IN SUBDIVISIONS TO LESS THAN 1 ACRE. TO PUT ON AGENDA FORDISCUSSION NEXT COURT SESSION.

35. COURT ADJOURNED

Motion by Commissioner Meador, seconded by Commissioner Doyal, that thisSession of Court be adjourned. Motion carried.

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

ATTEST:

Mark Turnbull, County ClerkEx-Off icio Clerk - Commissioners’ CourtMontgomery County, Texas

BY: ______________________________ ______________________________ COUNTY CLERK COUNTY JUDGE

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