1

COMMISSIONERS’ COURT DOCKET JANUARY 10, 2011

REGULAR SESSION THE STATE OF TEXAS COUNTY OF MONTGOMERY BE IT REMEMBERED that on this the 10th day of January, 2011, the Honorable Commissioners’ Court of Montgomery County, Texas, was duly convened in a Special Session in the Commissioners’ Courtroom of the Montgomery County Courthouse Annex, Conroe, Texas, with the following Members of the Court present: County Judge, Alan “Barb” Sadler Commissioner, Precinct #1 - Mike Meador Commissioner, Precinct #2 - Craig Doyal Commissioner, Precinct #3 - Ed Chance Commissioner, Precinct #4 - Ed Rinehart Also - Rebecca Biasotti, County Clerk’s Office INVOCATION GIVEN BY DAVID WALKER PLEDGE OF ALLEGIANCE RECITED BY EVERYONE PRESENT PLEDGE OF ALLEGIANCE TO THE TEXAS STATE FLAG RECITED BY EVERYONE PRESENT

1. COMMISSIONERS’ COURT AGENDA APPROVED

Motion by Commissioner Chance, seconded by Commissioner Rinehart, to approve Commissioners’ Court Agenda for discussion and necessary action. Motion carried.

2. RESOLUTION APPROVED – LAKE CREEK GREEN BELT

Motion by Commissioner Doyal, seconded by Commissioner Chance to approve the resolution to develop a green belt along Lake Creek.

CITIZENS – AGENDA ITEM 25

Herb Williams addressed the court, thanking the court for resolving the large truck issues on Collier Cemetery Road. Joe Ashton addressed the court with concerns about county contributions to the Montgomery County employees’ retirement program.

3. MINUTES APPROVED - COMMISSIONERS’ COURT MINUTES - COUNTY CLERK

Motion by Commissioner Chance, seconded by Commissioner Rinehart, to approve Commissioners’ Court Minutes for December 20, 2010, as presented by the County Clerk. Motion carried.

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

Motion by Commissioner Rinehart, seconded by Commissioner Doyal, to approve the Consent Agenda, as follows:

COUNTY AUDITOR - AGENDA ITEMS 9A A. ACCOUNTS approved, as submitted by the County Auditor.

B. BUDGET AMENDMENTS for FY 2010 approved, as follows:

2

1. AIRPORT: To recognize and allocate 09EACONRO grant revenue From USDOT for FY 2010. 2. C/P REVENUE/TAX BONDS 09: To adjust line items. 3. CDBG YEAR 12: To adjust line items. 4. CDBG HOME YEAR 7: To adjust line items. 5. CDBG YEAR 12: To adjust line items. 6. CDBG HURRICANE IKE GRANT: To adjust line items. 7. COUNTY ATTORNEY: To transfer funds for Title IV-E grant for

County Attorney for quarter ending 09.30.2010. 8. DRUG COURT-DWI COURT: To adjust line items to cover Sal/Fringe

for September 2010 for DWI Court Grant. 9. DRUG COURT-DWI COURT: To adjust line items for Release

391077. 10. ENERGY EFFICIENCY GRNT-10: To adjust line items. 11. HPRP – RECOVERY GRANT: To adjust line items.

C. BUDGET AMENDMENTS for FY 2011 approved, as follows: 1. ANIMAL SHELTER: To recognize and allocate revenue and

donations. 2. BUILDING MAINTENANCE: To adjust line items to fund FY11 auto

allowance for Energy Manager. 3. C/P CO 2006: To transfer funds for funding of Sheriff’s department

equipment as authorized by Commissioners Court (M41/11.22.10) and purchased with POs 2011142-2011151.

4. CDBG DISASTER RECOVERY: To adjust line items. 5. CONSTABLE PCT 1: To recognize and allocate reimbursements. 6. CONSTABLE PCT 5: To recognize and allocate reimbursements. 7. CONSTABLE PCT 5: To correct reimbursement allocation on

12.06.10 budget amendment for security services 10/1-23/10. 8. COUNTY ATTORNEY: To adjust benefit line items per CCT

(M8/12.20.10). 9. ENERGY EFFICIENCY GRNT-10: To adjust line items to fund auto

allowance for FT 11 for the Energy Efficiency Grant (M24/ 10.11.10). 10. ENERGY EFFICIENCY GRNT-10: To adjust line items to correct

adjustment made in FY11 12.06.10 budget amendment. 11. HMLND SEC GRNT PRG08-UASI: To adjust line items to correct

12.06.10 budget amendment.

3

12. JUSTICE OF THE PEACE 1: To revise mobile telephone budget to salary allowance.

13. JUSTICE OF THE PEACE 3: To record revenue to same department

as expense. 14. JUVENILE PROBATION – ADM: To adjust line items for cell phone

allowance (M13/12.20.10). 15. JUVENILE PROBATION – DETENTION: To adjust line items for cell

phone allowance (M13/ 12.20.10). 16. JUV PROB/STATE AID – A/11: To adjust line items for cellphone

allowance (M13/ 12.20.10). 17. MEMORIAL LIBRARY: To recognize and allocate donation. 18. RISK MANAGEMENT: To recognize and allocate restitution. 19. RISK MANAGEMENT: To transfer funds for damage claims. 20. SHERIFF/STEP IDM (DWI) FY 2011: To recognize and allocate FY

2011 SPEED/IDM Grant from TxDOT (M16/11.22.10). 21. SHERIFF: To recognize and allocate donations. 22. SHERIFF: To adjust line items. TREASURER - AGENDA ITEMS 9B A. OFFICIALS’ FEE REPORT approved, as audited for October 2010. . B. WEEKLY INVESTMENT REPORT approved, for December 13th through

December 17th , 2010. C. MONTHLY TICKET LOG approved, for December 2010. D. BROKER/DEALER LIST FOR 2011 APPROVED`. E. PLEDGED SECURITIES REPORT, approved for December 2010. TAX ASSESSOR/COLLECTOR – AGENDA ITEMS 9C

A. ELIMINATION OF POSITIONS APPROVED Elimination of two supervisor positions to be replaced with one manager

position, effective 01.29.11. B. ELIMINATION OF DEPARTMENT APPROVED Elimination of of the Tax Assessor-Collector’s 499.4993 effective 01.29.11

and transfer employees back to departments as follows: 1. Teresa King - from 4993-4412-1 to Tax A/C for new Manager position. 2. Alton Neeley – from 4993-500-1 to Sheriff Auto Theft Task Force.

3. Nicole Czajkoski – from 4993-7915-1 to District Attorney W.C. Prosecutor.

4

C. TRANSFER TO GENERAL FUND APPROVED

Transfer all other funds left over as a result of eliminations for A and B to the County General Fund and authorize the County Auditor to prepare said budget amendment.

D. JANUARY SUPPLEMENTAL CHANGES TO 2010 CONSOLIDATED TAX ROLL, approved.

E. MONTHLY TAX COLLECTION REPORT FOR DECEMBER 31, 2010,

accepted. PURCHASING DEPARTMENT - AGENDA ITEMS 9D A. ADVERTISING APPROVED FOR BIDS/PROPOSALS, as follows: 1. New skid loader with high flow/cab – Pct. #4 – Various Departments. 2. New Vehicles – Juvenile – Various Departments B. RENEWALS APPROVED, as follows: 1. P.O. #2008281 to Ridgway’s LLC for copying reproducibles – Various

Departments . 2. P.O. #2010381 to HCO Computer Products, Inc. DBA Think CP

Technologies for Laptops – Various Departments. 3. P.O. #2010365 to L. Richard Womack for Lead Inspector/Risk

Assessor – MCCD. 4. P.O.#2009265 to Allied Imaging LLC for electronic imaging of Tax

Office accounting Records – Tax Office. 5. P.O. #2010367 to Soules Insurance Agency for RFP/Q individual

faithful performance bonds – Risk Management. C. CHANGE ORDERS APPROVED, as follows: 1. Change Order #5, P.O. #2009492 to Lynn Peavy Company for crime

lab supplies – Various Departments. 2. Change Order #1, P.O. #2011044 to HD Supply Electrical LTD for

lamps/bulbs/ballasts – Various Departments. 3. Change Order #1, P.O. #2010627 to A&H Electric Services LLC for

RFP/Q Energy Efficiency and Conservation Block Grant Program – Phase I – Energy Savings and Lighting Retrofits for a price increase of $6551.01– Infrastructure.

D. DISCRETIONARY EXEMPTIONS, approved as follows: 1. AGENDA ITEM 9D4A REMOVED 2. Professional architectural planning and design services from JMS,

Joseph M. Santopetro, architect for window replacement at the Montgomery County Administration Building in the amount of $13,300.00– Infrastructure.

5

3. Renewal to Consolidated Communications of Texas for local line service – Montgomery County inmate telephone service – Infrastructure.

E. NAME CHANGE APPROVED – SECURITY OFFICERS From Resource Protection Management to Security On Site, LLC for Security

Officers – effective 01.01.11. F. PROPOSAL APPROVED – ENGINEERING – PCT. #3 For HTS, Inc. for Materials Engineering/Testing Services for Rayford Road

paving and drainage, for a fee of $10,260.00. RISK MANAGEMENT - AGENDA ITEMS 9E A. BUILDING ACCEPTED INTO PROPERTY INVENTORY

Building number 3-0018, Spring Creek Greenway Nature Center/Community Center and Sheriff Sub – Station .

B. PAYMENTS ACKNOWLEDGED – CLAIMS, as follows: 1. #B-10-0069 to Rebecca Layne Duval in the amount of $2400.00.

2. #B-10-0087 to Mary Ann Cazares and Edward M. Flores in the amount of $250.00.

3. #B-10-0095 to AT&T in the amount of $1427.14.

C. CHANGES APPROVED – SURETY BONDS, for the following: 1. 18135748 - Lonnie Harrison – Const. Pct. 3 2. 15486587 - Steve Roper – Const. Pct. 2 3. 14934419 - Ryan Johnston – Const. Pct. 5 4. 15241902 - Doss Burleson – Const. Pct. 3 5. 15454713 - Gordon Welch – Const. Pct. 5 6. 15486590 - Charlote Hopkins – Const. Pct. 5 7. 16073700 - Jacky Stitt – Const. Pct. 3 8. 14795895 - Bryan Dubose – Const. Pct. 1 9. 15487501 - Craig Doyal – Comm. Pct. 2 10. 68800475 – Craig Doyal – Comm. Pct. 2 11. 13746617 – Mark Turnbull – County Clerk 12. 15487520 – Lanny Moriarty – JP1 13. 15484470 – G. Trey Spikes – JP2 14. 24866028 – Claudia Laird – CCL2 15. 12745647 – Martha Gustavsen – Treasurer 16. 15487521 – Oren Metts – JP4 17. 14920123 – Patrice McDonald – CCL3 18. 68800775 – Edwin Rinehart – Comm. Pct. 4 19. 68800475 – Edwin Rinehart – Comm. Pct. 4 20. 13397685 – Alan Sadler – County Judge 21. 14921725 – Phyllis Martin – County Auditor 22. Additional Oath – Phyllis Martin County Auditor 23. 68800480 – Dennis Watson – CCL1 24. 15487522 – Mary Ann Turner – CCL4 25. 14269379 – Barbara Adamick – District Clerk 26. 14917577 – Matt Masden – JP5 27. Oath of Office – Cara Wood – 284th District Court 28. Oath of Office – Lisa Michalk – 221st District Court

6

29. Oath of Office – Jennifer Robin – 418th District Court/ Associate COMMISSIONERS

PRECINCT #2 - AGENDA ITEM 9F1 A. APPOINTMENT APPROVED – ESD#4

Mark Abbey is appointed to the ESD #4 Board of Commissioners with a two year term of office, ending 12.31.12.

B. CHECK ACCEPTED – FRIENDSHIP CENTER

Check accepted in the amount of $208.92, from The Friendship Center for reimbursement of fuel usage for November 2010. Check forwarded to Treasurer for further processing.

PRECINCT #3 – AGENDA ITEM 9F2 A. ROADS ACCEPTED – STERLING RIDGE, SECTION 99

The roads of The Woodlands Village of Sterling Ridge, Section 99 are accepted into the One Year Maintenance period.

B. ORDER APPROVED – SUBMITTAL FORMS

Order authorizing submittal of project proposal/project summary forms to the Texas Commission on Environmental Quality, Air Quality Division, FY 2010/2011 Local Initiative Projects.

C. ROAD ACCEPTED – TARA SPRINGS LANE

Tara Springs Land north of Hannah Cove Lane is accepted into the County Road Maintenance System. Bond released.

PRECINCT #4 – AGENDA ITEM 9F3 A. CHECK ACCEPTED - MONTGOMERY COUNTY COMMITTEE ON AGING

Check accepted in the amount of $527.14 from The Montgomery County Committee on Aging for fuel used for the month of November 2010. Check forwarded to Treasurer for further processing.

B. Check accepted in the amount of $1667.79 from the City of Roman Forest for the purchase of fuel for the month of November 2010. Check forwarded to Treasurer for further processing.

COMMISSIONERS – COUNTY ATTORNEY – ROAD AND BRIDGE – AGENDA ITEMS 9G

COMMISSIONER, PRECINCT #2 – AGENDA ITEM 9G1 A. ORDER APPROVED – WARRANTY DEED – PARCEL 33

Warranty Deed for Parcel 33 of The Woodlands Parkway Extension Project and authorizing County Judge to sign for the acceptance of the warranty deed approved.

B. ORDER APPROVED – PURCHASE OF RIGHT OF WAY – PARCEL 5

7

Order approved for purchase of right of way known as Parcel 5 for The Woodlands Parkway Extension Project.

C. ORDER APPROVED – ABANDONMENT OF EASEMENT

Order approved for abandonment of drainage easement in High Meadow Ranch, Section 10.

D. CHECK ACCEPTED – RAY HARLOW – LEASE

Check accepted in the amount of $5.00 from Ray Harlow for lease of real property described as Lot 58, Block 1 and 0.2038 acres out of Reserve in the Southeast corner, Block 1, of Foxwood, an unrecorded subdivision in Precinct 2. Check forwarded to Treasurer for further processing.

COMMISSIONER, PRECINCT #4 – AGENDA IETMS 9G2 A. ORDER APPROVED/CHECK ACCEPTED – RELEASE OF LIEN

Order approved to release lien for property described as Lot 17, Block 3, Emerald Forest, and check accepted in the amount of $5417.29 from Texas American Title Company . Check forwarded to Treasurer for further processing.

B. LETTER OF CREDIT AND AMENDMENT ACCEPTED

Order accepting original letter of credit and acknowledging receipt of amendment #4 to letter of credit for Deer Trail, Section 1, approved.

C. LETTER OF CREDIT AND AMENDMENT ACCEPTED

Order accepting original letter of credit and acknowledging receipt of amendment #4 to letter of credit for Deer Trail, Section 2, approved.

COMMISSIONERS – COUNTY ENGINEER – AGENDA ITEMS 9H PRECINCT #1

A. ROADS ACCEPTED INTO COUNTY ONE YEAR MAINTENANCE PROGRAM, as follows

1. Bentwater, Section 83 2. Bentwater, Section 90 3. Bentwater, Section 96

B. CORRECTION APPROVED – MAINTENANCE ROAD LOG

Corrections to road log to reflect County maintenance of Wren Cove from Blue Bell Drive west to end of pavement approved. Road was originally accepted for maintenance by Commissioners’ Court on December 17, 1990, with other roads in Blue Bell Estates.

PRECINCT #3 A. PLAT APPROVED – WOODLANDS METRO CENTER – SECTION 71

Final plat of The Woodlands Metro Center, Section 71, 9.046 Acres, Montgomery County School Land Survey, A-350, approved.

8

PRECINCT #4 A. REQUEST APPROVED – SALT WATER LINE

Request from Denbury Resources, Inc. to place a 4” salt water line within the right of way of Koalstad Road, approved.

SHERIFF DEPARTMENT – AGENDA ITEMS 9I A. DONATION ACCEPTED – OAKHURST COMMUNITY ASSOCIATION

Donation in the amount of $400.00 accepted from Oakhurst Community Association for patrol vehicle participation. Check forwarded to Treasurer for `

B. DONATION ACCEPTED – TEXAS TECH UNIVERSITY

Donation in the amount of $100.00 accepted from Texas Tech University for patrol vehicle participation. Check forwarded to Treasurer for further processing.

ENVIRONMENTAL HEALTH – AGENDA ITEMS 9J A. VARIANCE APPROVED – SIERRA CLASSIC HOMES, INC

Request approved to install an aerobic on-site system in the 100-year floodplain by Sierra Classic Homes, Inc.

COUNTY CLERK – AGENDA ITEM 9K

A. DEPUTATION APPROVED for Sarah Elizabeth Flinn to Deputy County Clerk effective 01.03.11.

PARKS DEPARTMENT – AGENDA ITEM 9L A. USE AGREEMENT APPROVED – MALCOLM PURVIS LIBRARY

Use agreement approved for Magnolia Area Chamber of Commerce at the Malcolm Purvis Library Parking Lot – Pct. 2.

COUNTY ATTORNEY – AGENDA ITEMS 9M

A. BUDGET APPROVED – TITLE IV-E COUNTY CHILD WELFARE SERVICES CONTRACT

Budget approved for the Title IV-E County Child Welfare Services contract

with the Texas Department of Family & Protective Services. B. DONATION DEEDS APPROVED – PUBLIC RIGHT OF WAY Order authorizing acceptance of donation deeds for public right-of-way on

Nichols Road in Precinct 4, and appointing Ed Rinehart as special commissioner to accept the donation deeds approved.

AGENDA ITEM 9M3 MOVED TO OPEN AGENDA - MOTION 21 INFRASTRUCTURE – AGENDA ITEM 9N

A. CLAIM APPROVED – SPRING CREEK COMMUNITY/NATURE CENTER

9

Payment to Fairweather Group, LLC in the amount of $113,306.14 for the Spring Creek Community/Nature Center. Funding to be derived from Budget Line Item No. 614-7598.

B. SUBSTANTIAL COMPLETION DOCUMENT APPROVED Certificate of Substantial Completion Document from Alliance Development,

Inc. for the Montgomery County, Mental Health Treatment Facility located at 700 Hilbig Road, Conroe, Texas 77301, approved.

LIBRARY – AGENDA ITEMS 9O A. CHECK ACCEPTED – FRIENDS OF THE LIBRARY

Check accepted in the amount of $3640.71 from South Montgomery Friends of the Library to the Montgomery County Memorial Library System through the Mitchell Library in The Woodlands. Funds from this donation will be used to cover the cost of additional shelving at this location. Check forwarded to Treasurer for further processing.

B. CHECK ACCEPTED – D. FRED DE ROODE

Check accepted in the amount of $500.00 from D. Fred De Roode and his wife for the Montgomery County Memorial Library System’s South Regional Library. Internal tracking will ensure that these funds are used for purchases for the South Regional Library. Check forwarded to Treasurer for further processing.

DISTRICT ATTORNEY – AGENDA ITEM 9P A. AMENDMENT APPROVED – TXDOT GRANT

Amendment to the TXDOT Grant “Search Warrants Prevent Drunk Drivers”, clarifying the status of medical personnel assisting in grant activities as independent contractors, and authorize Judge Sadler to execute the agreement, approved.

Motion carried.

END OF CONSENT AGENDA

5. ADVISORY APPOINTMENTS APPROVED – BUDGET REDUCTION COMMITTEE

2011 – COUNTY JUDGE Motion by Judge Sadler, seconded by Commissioner Doyal to appoint Mark Bosma

and Judge Fred Edwards as advisors to the 2011 Budget Reduction Committee. Motion carried. (no paperwork on file)

6. APPOINTMENT APPROVED – BUDGET REDUCTION COMMITTEE 2011 –

COUNTY JUDGE Motion by Commissioner Doyal, seconded by Commissioner Meador to appoint J.R.

Moore, Jr. as chair of the 2011 Budget Reduction Committee. Motion carried. (no paperwork on file)

7. REAPPOINTMENT APPROVED – LONE STAR GROUNDWATER

CONSERVATION DISTRICT – COUNTY JUDGE

10

Motion by Commissioner Doyal, seconded by Commissioner Chance to approve the reappointment of Sam W. Baker to the Lone Star Groundwater Conservation District Board of Directors for a four year term extending through 01.31.15. Motion carried.

8. ANNUAL MEMBERSHIP DUES APPROVED – TAC – COUNTY JUDGE Motion by Commissioner Chance, seconded by Commissioner Rinehart to approve

payment of annual membership dues in the amount of $2440.00 to Texas Association of Counties (TAC). Motion carried.

9. 2011 SALARY GRIEVANCE COMMITTEE MEMBERS SELECTED – COUNTY

CLERK Motion by Commissioner Doyal, seconded by Commissioner Meador to accept the

following citizens as members and alternates to the 2011 Salary Grievance Committee:

Members: 1. Cynthia Tanner 2. Michael Manning 3. Sara Roll Alternates: 1. Brian Schumann 2. Dianna M. Elizalde 3. Jerry Gilbert Smith The committee will be comprised of six elected officials and three citizens. Motion carried. 10. GRANT AMENDMENT APPROVED – CDBG

Motion by Judge Sadler, seconded by Commissioner Doyal, to approve the Grant Amendment #1 for CDBG B-10-UC-48-0006; Home M-10-UC-0235; ESG S-10-UC-48-0006, and the funding approvals for the CDBG form HUD-7082, and Home Form HUD 40093. Motion carried.

11. CONTRACT AMENDMENT APPROVED – CDBG

Motion by Commissioner Rinehart, seconded by Commissioner Chance, to approve Amendment #2 for CDBG/Hurricane Ike/Dolly Contract #70090005, and authorize Judge Sadler to sign related paperwork. Motion carried.

12. BUDGET ADJUSTMENT APPROVED – JUVENILE PROBATION

Motion by Commissioner Rinehart, seconded by Commissioner Chance to transfer $4100.00 from 2415/position 1 to 4042/position 501. Motion carried.

13. PURCHASE APPROVED – LONE STAR AIRPORT

Motion by Commissioner Meador, seconded by Commissioner Chance, to approve the purchase of five shirts with airport logo for marketing purposes at a cost of approximately $212.00. Motion carried.

14. GRANT ACCEPTED – INDIGENT DEFENSE

Motion by Commissioner Meador, seconded by Commissioner Doyal, to accept a formal grant award from the Indigent Defense Task Force in the amount of $194,544 for FY 2011, and authorize Judge Sadler to sign the statement of award. Motion carried.

11

15. REQUEST APPROVED – RISK MANAGEMENT

Motion by Commissioner Chance, seconded by Commissioner Meador, to approve the Risk Management Department as the record retention department for insurance certificates and the contact department named on insurance certificates on all contracts with the County, and further authorize all County departments to deliver to Risk Management Department a copy of all existing contracts with the County with a contact name, telephone number and a copy of the existing insurance certificates, and further authorize the Risk Management Department to manage the insurance certificate process on all existing contracts including any new and renewal contracts. Motion carried.

16. REQUEST APPROVED – RISK MANAGEMENT Motion by Commissioner Chance, seconded by Commissioner Rinehart, to also require all departments or other entities that request an insurance certificate from the Countyto send those requests directly to the Risk Management Department with a copy of the entire contract or legal document that requires the County to supply a certificate of coverage. Motion carried.

17. USE OF FUNDS APPROVED – AUDITOR – CCL2 AND CCL4

Motion by Commissioner Rinehart, seconded by Commissioner Meador, to approve requests to use funds from the Court Reporter Service Fund as follows: 1. CCL2 - $932.93 – new computer and monitor 2. CCL4 - $932.93 – new computer and monitor Motion carried.

18. USE OF FUNDS APPROVED – AUDITOR – 9TH DISTRICT COURT

Motion by Commissioner Meador, seconded by Commissioner Chance to approve request for 9th District Court to use funds from the Court Reporter Service Fund in the amount of $5214.00 for the purchase of a Stenograph Diamante steno writer. Motion carried.

DEFERRED AGENDA ITEMS – 18A1,3-15 – PURCHASING 19. PROPOSAL APPROVED/CONTRACT AWARDED – PURCHASING –

INFRASTRUCTURE

Motion by Commissioner Meador, seconded by Commissioner Chance, to approve that the contract for RFP/Q Energy Efficiency and Conservation Block Grant Program – Phase IV – Energy Savings and Lighting Retrofits, be awarded to Sylvania Lighting Services in the amount of $145,273.85. Motion carried.

20. PURCHASE APPROVED – IN-CAR DIGITAL CAMERAS – CONSTABLE PCT. 2

Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve the purchase of eleven In-Car Digital Cameras with related hardware and options through the Interlocal Agreement with HGAC Contract #EF-04-09 and Coban Technologies, Inc. funded out of the Lee & E Grant in the amount of $63,372.00. Motion carried.

21. RESOLUTION AND ORDER APPROVED – LICENSE APPLICATION – COUNTY ATTORNEY – AGENDA ITEM 9M3

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

the resolution and order authorizing the county to apply for a Texas Auxiliary Mortgage Loan Activity Company license. Motion carried.

12

22. MEMBERSHIP APPROVED – GULF COAST RAIL DISTRICT – COUNTY

ATTORNEY Motion by Commissioner Chance, seconded by Commissioner Doyal, to approve

membership in the Gulf Coast Rail District. Judge Sadler will represent Montgomery County on the board for the first 2-year term. Motion carried.

23. FUNDING FOR CONTRIBUTION APPROVED – GULF COAST RAIL DISTRICT –

COUNTY ATTORNEY Motion by Commissioner Chance, seconded by Commissioner Meador, to approve

funding the $5000.00 contribution to the Gulf Coast Rail District from contingency. Motion carried. (no paperwork on file)

24. TRANSFER OF FUNDS APPROVED – COUNTY ATTORNEY Motion by Commissioner Chance, seconded by Commissioner Rinehart, to approve

the transfer of funds from Salary Classification Line #7912.3 to Salary Classification Line #7905.1. Motion carried.

25. INTERLOCAL AGREEMENT APPROVED – COUNTY ATTORNEY Motion by Commissioner Doyal, seconded by Commissioner Chance, to approve

Interlocal Agreement between The Woodlands Township and Montgomery County, Texas, for law enforcement services to be performed by deputies of the Montgomery County Sheriff’s Department. Motion carried.

26. INTERLOCAL AGREEMENT EXECUTED – FUNDING ASSISTANCE – COUNTY

ATTORNEY Motion by Commissioner Chance, seconded by Commissioner Doyal, to approve

execution of Interlocal Agreement for interim funding assistance for law enforcement services by the Constable Pct. 3 and operations of Justice of the Peace, Pct. 3 by The Woodlands Township. Motion carried.

27. PUBLIC HEARING – PRECINCT 4 Motion by Commissioner Rinehart, seconded by Commissioner Chance to approve

consideration of the partial replat of Texaba to be known as Texaba Partial Replat No. 2. Motion carried.

28. TEXABA REPLAT APPROVED – ENGINEERING Motion by Commissioner Rinehart, seconded by Commissioner Meador, to approve

the final replat of Texaba Partial Replat No. 2, 10.172 Acres. Motion carried. EXECUTIVE SESSION – AGENDA ITEM 23

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;

29. CLAIM APPROVED – DANIEL LOCKHART – EXECUTIVE SESSION

Motion by Commissioner Meador, seconded by Commissioner Chance, to approve the claim of Daniel Lockhart and USAA Casualty Insurance Company against Montgomery County, Texas; Claim No. A-10-0058 (Section 551.071) Motion carried.

13

COURT ADDRESSED BY COUNTY ATTORNEY, DAVID WALKER IN REGARDS TO TCEQ HEARINGS.

30. PAYROLL CHANGE REQUEST FORMS APPROVED – HUMAN RESOURCES Motion by Commissioner Chance, seconded by Commissioner Meador, to approve the following Payroll Change Request forms:

Request of 418th District Court to place Jill Driscoll, Court Reporter, on payroll to fill new position effective 01.01.11. Request of 418th District Court to place Jennifer James Robin, Associate Judge, on payroll to fill new position effective 01.01.11. Request of 435th District Court to increase the salary of April Lynn Knudsen, Court Coordinator II, due to job re-evaluation, effective 12.20.10. Request of Animal Shelter to accept the resignation of Joaquina Bonilla, Kennel Help, effective 12.21.10. (30.80 hours or balance of vacation, 1.875 hours or balance of compensatory time, 13.25 hours or balance of holiday time) Request of County Court at Law 3 to accept the resignation of Erika Herrera, Court Clerk II, effective 12.24.10. (10.90 hours or balance of vacation, 1.25 hours or balance of compensatory time) Request of County Court at Law 3 to transfer Lorena Martinez, Criminal Court Clerk II, as replacement for Erika Herrera, effective 01.01.11. Request of Commissioner Pct. 1 to bridge time for Christopher Lanning, Operator II, making his new leave anniversary date 02.04.1999, effective 09.29.10. Request of Commissioner Pct. 1 to increase the salary of Don Sockwell, Manager Precinct Operations, due to promotion as replacement for George Widener, effective 01.08.11. Request of Constable Pct. 5 to accept the resignation of Christopher Jones, Captain – Constable, effective 12.24.10. (187.705 hours or balance of vacation) Request of County Attorney to accept the resignation of Christopher Allen, Assistant County Attorney – Attorney III, effective 12.30.10. (164.12 hours or balance of vacation) Request of County Attorney to increase the salary of Brett Peabody, Assistant County Attorney – Attorney III, due to promotion as replacement for Christopher Allen, effective 02.05.11. Request of County Clerk to accept the resignation of Nicole Greer, Clerk II, effective 12.28.10. (9.20 hours or balance of vacation) Request of County Clerk to transfer Jessica G Lamas, Court Clerk II, as replacement for Lorena Martinez, effective 01.01.11. Request of County Clerk to place Tina A. Solomon, Clerk II, on payroll as replacement for Melissa Crisp, effective 12.20.10. Request of District Attorney to increase the salary of Jeremy T. Dunman, Attorney III, due to position change as replacement for Darla F. Faulkner, effective 01.03.11. Request of District Attorney to increase the salary of Blake E. Enax, Attorney I, due to position change as replacement for Liah A. Olson, effective 01.03.11.

14

Request of District Attorney to increase the salary of Darla A. Faulkner, Attorney III, as replacement for Jo Ann Linzer, effective 01.03.11. Request of District Attorney to place Jeff Hohl, Attorney I, on payroll as replacement for Michael D. Stanley, effective 01.03.11. Request of District Attorney to increase the salary of Andrew James, Attorney III, due to promotion as replacement for Jeremy T. Dunman, effective 01.03.11. Request of District Attorney to increase the salary of Jeredith E. Jones, Attorney II, due to promotion as replacement for Blake E. Enax, effective 01.03.11. Request of District Attorney to place Jason T. Larman, Attorney II, on payroll as replacement for Michael C. Young, effective 01.10.11. Request of District Attorney to increase the salary of Jo Ann Linzer, Chief Prosecutor, due to promotion as replacement for Michael R. Tiffin, effective 01.01.11. Request of District Attorney to increase the salary of Tamlyn J. Massa, Attorney II, as replacement for Andrew D. James, effective 01.03.11. Request of District Attorney to increase the salary of Abigail T. Nettles, Attorney I, as replacement for Sean G. Whittmore, effective 01.03.11. Request of District Attorney to increase the salary of Liah A. Olson, Attorney II, due to promotion as replacement for Tamlyn J. Massa, effective 01.03.11. Request of District Attorney to increase the salary of Vincenzo J. Santini, Attorney I, as replacement for Jeredith E. Jones, effective 01.03.11. Request of District Attorney to correct the effective date for resignation of Veronica S. Sjolander, Investigator II, to 01.11.11 instead of 12.31.10 as approved in Commissioner’s Court on 12.06.10. (51.37 hours or balance of vacation, 1.625 hours or balance of compensatory time) Request of District Attorney to increase the salary of Michael D. Stanley, Attorney I, as replacement for Abigail T. Nettles, effective 01.03.11. Request of District Attorney to increase the salary of Sean G. Whittmore, Attorney I, as replacement for Vincenzo J. Santini, effective 01.03.11. Request of District Clerk to increase the salary of Kylynne Anderson, Court Clerk II, due to completion of probation, effective 12.13.10. Request of Juvenile Probation to change the status of Geretta Patrice Benjamin, Juvenile Probation Officer, as a replacement for Donald Rose, effective 01.10.11. Request of Juvenile Probation to place Deedra Michele Davis, Juvenile Supervision Officer – Substitute, on payroll effective 01.05.11. Request of Juvenile Probation to place Olufunke Sherifat Eluyera, Juvenile Supervision Officer – Substitute, on payroll effective 01.04.11. Request of Juvenile Probation to change the status of Babatunde Peter Fafiyebi, Juvenile Supervision Officer, as replacement for Jessica Cook, effective 01.08.11.

Request of Juvenile Probation to place Jorge Luis Hernandez, Juvenile Supervision Officer – Substitute, on payroll effective 01.04.11.

15

Request of Juvenile Probation to discharge Keith Lee, Juvenile Supervision Officer – Substitute, effective 12.15.10. (no benefits due) Request of Juvenile Probation to place Odessia Marie Mills, Juvenile Supervision Officer – Substitute, on payroll effective 01.04.11. Request of Juvenile Probation to change the status of Donald Ray Rose, Juvenile Probation Officer Assistant, to part-time effective 01.10.11. (4.14 hours or balance of vacation, 2 hours or balance of holiday time) Request of Juvenile Probation to place Johnny Martin Vergara, Juvenile Supervision Officer – Substitute on payroll effective 01.04.11. Request of Library to accept the resignation of Martha Byrd, Shelving Clerk I, effective 12.30.10. (no benefits due) Request of Library to increase the salary of April Chastain, Library Assistant II, due to promotion as replacement for Kristi Eppright, effective 12.27.10. Request of Library to place Kimberly Milliff, Shelving Clerk, on payroll as replacement for April Chastain, effective 12.27.10. Request of Library to place Mark Steele, Shelving Clerk I, on payroll as replacement for Patrick Lasco, effective 01.04.11. Request of Library to place Lauren Michelle Vidal, Library Assistant II, on payroll as replacement for Rebecca Hall, effective 01.10.11. Request of Purchasing to place Stephanie Keeton, Buyer III, on payroll due to returning from FMLA/Disability leave, effective 12.22.10. Request of Sheriff to change the location of David Birch, Deputy – Patrol – District 3, as replacement for Forrest Bauer, effective 12.20.10. Request of Sheriff to increase the salary of Cody Bryant, Deputy – Detention, due to promotion as replacement for Larry Brandt, effective 12.18.10. Request of Sheriff to change the location of Richard Durbin, Deputy – Patrol – District 4, as replacement for David Birch, effective 12.25.10. Request of Sheriff to place Cynthia Hacker, Officer – Civilian Detention, on payroll as replacement for Cody Bryant, effective 12.25.10. Request of Sheriff to place Jason Hopper, Officer – Civilian Detention, on payroll as replacement for Crystal Hill, effective 12.18.10. Request of Sheriff to place Errett Leck, Officer – Civilian Detention, on payroll as replacement for John Vickers, effective 01.08.11. Request of Sheriff to place Michael Lee, Officer – Civilian Detention, on payroll as replacement for Robert Reyna, effective 12.18.10. Request of Sheriff to increase the salary of Dustin Pugh, Deputy – Patrol District 5, due to promotion as replacement for Richard Durbin, effective 12.25.10. Request of Sheriff to accept the resignation of David Smith, Medic, effective 12.12.10. (21.56 hours or balance of vacation, 17.25 hours or balance of compensatory time) Request of Sheriff to transfer Steven Clay Swilling, Detective, as replacement for Marvin Rogers, effective 12.11.10.

16

Request of Sheriff to place Tammy Towery, Deputy – Bailiff, on payroll due to return from FMLA/Disability leave, effective 12.15.10. Request of Sheriff to transfer Tracy Wade, Deputy – Bailiff, as replacement for Lloyd Ranels, effective 01.01.11. Request of Sheriff to place Brittany Wilson, Officer – Civilian Detention, on payroll as replacement for Matthew Clifton, effective 01.15.11. Request of Tax Office to increase the salary of Tracy L. Clements, Deputy Specialist I, due to completion of probation period, effective 01.18.11. Request of Tax Office to increase the salary of Linda Hayden, Relief Manager, due to promotion as replacement for Vicki Willis, effective 01.01.11. Request of Tax Office to to increase the salary of Vicki Willis, Collections Supervisor, due to promotion to replace Angela Lemaire, effective 01.01.11.

Motion carried.

31. COURT ADJOURNED

Motion by Commissioner Rinehart, 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