Session of June 16, 2014

Page 1 of 13

COMMISSIONERS COURT MINUTES

JUNE 16,2014

REGULARSESSION

THE STATE OF TEXAS

COUNTY OF MONTGOMERY

BE IT REMEMBERED that on this the16thday ofJune, 2014, the Honorable Commissioners Court of Montgomery County, Texas, was duly convened in a RegularSession in the Commissioners Courtroom of the Alan B. Sadler Commissioners Court Building, 501 North Thompson, Conroe, Texas, with the following members of the Court present:

County JudgeAlan B. Sadler

Commissioner, Precinct 1Mike Meador

Commissioner, Precinct 2 Craig Doyal

Commissioner, Precinct 3 James Noack

Commissioner, Precinct 4 Ed Rinehart

Also County Clerk’s OfficeFrancine Nichols

INVOCATION given byJerilynn Williams.

PLEDGE OF ALLEGIANCE to the United States flag recited.

PLEDGE OF ALLEGIANCE to the Texas state flag recited.

1.COMMISSIONERS COURT AGENDA APPROVED.

Motion by CommissionerNoack, seconded by CommissionerRinehart, to approve Commissioners Court Agenda for discussion and necessary action. Motion carried.

EMPLOYEE OF THE MONTH - MONTGOMERY COUNTY EMPLOYEES COMMITTEE

Matthew Rodrique presented Adam Acosta, Deputy Constable 3, with the Employee of the Month award for June 2014.

2.COMMISSIONERS COURT MINUTES – COUNTY CLERK

Motion by Judge Sadler, seconded by Commissioner Meador, to approve Commissioners Court Minutes for Regular Session dated June 2, 2014 and for the Special Session dated June 2, 2014. Motion carried.

3.CONSENT AGENDA – AGENDA ITEMS 9A-J

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

COUNTY AUDITOR – AGENDA ITEMS9A1-5

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

A2.BUDGET AMENDMENTS FY14 APPROVED:

  1. Various: To recognize and allocate revenue.
  2. Various: To adjust restricted lines.
  3. Airport Maintenance: To allocate Black Forest revenue.
  4. Animal Control: To adjust line items.
  5. Animal Control: To allocate reimbursement.
  6. Building Maintenance: Recognize and allocate revenue.
  7. Building Maintenance: To adjust line items.
  8. C/P – Certificates of Obligation 2012: To adjust line items.
  9. Commissioner Precinct 1: To adjust line items.
  10. Commissioner Precinct 1: Additional funding for Positions 612.5604.1, 612.5604.3 and 612.8555.1. Approved M29/05.19.14.
  11. Commissioner Precinct 2: Recognize and allocate revenue.
  12. Commissioner Precinct 2: To allocate revenue and adjust line items.
  13. Commissioner Precinct 3: To allocate revenue.
  14. Commissioner Precinct 3: To recognize and allocate revenue.
  15. Commissioner Precinct 4: To adjust line items.
  16. Constable Precinct 1: To allocate revenue and adjust line items.
  17. Constable Precinct 2: To recognize and allocate revenue.
  18. Constable Precinct 2: Recognize and allocate revenue.
  19. Constable Precinct 3: To allocate revenue.
  20. Constable Precinct 4: To allocate revenue.
  21. Constable Precinct 4: To recognize and allocate revenue.
  22. Constable Precinct 5: To allocate revenue.
  23. County Attorney: To allocate revenue.
  24. County Attorney Title IVE GRN: To transfer funds for Title IV-E Grant for County Attorney for quarter ending 03/31/14.
  25. County Clerk: To recognize and allocate revenue as approved by Commissioners Court (M3/06.02.14).
  26. County Engineer: M24/05.04.09 – On call transportation services.
  27. Court Reporter Service Fund: To recognize and allocate revenue.
  28. Court Reporter Service Fund: To recognize and allocate revenue.
  29. Court Reporter Service Fund: To fund supplies by Court Reporter Service Fund as authorized by Commissioners Court (M14.06.02.14).
  30. Court Reporter Service Fund: To fund training through Court Reporter Service Fund as authorized by Commissioners Court (M15/02.24.14).
  31. Court Reporter Service Fund: To fund supplies through Court Reporter Service Fund as authorized by Commissioners Court (M16/06.02.14).
  32. District Attorney: To allocate reimbursement.
  33. District Attorney: Recognize and allocate revenue.
  34. Drug Court: To recognize and allocate revenue for May 2014 (MRT Books).
  35. DWI Court: To recognize and allocate revenue for May 2014 (MRT Books).
  36. Elections Administrator: To adjust line items.
  37. Forensic Services: To transfer service to Building Maintenance.
  38. J. Corley Detention Facility: To recognize and allocate revenue received for Geo Contract.
  39. Justice of the Peace Technology Fund: To recognize and allocate revenue for Justice of the Peace Technology Fund as authorized by Commissioners Court (M19/06.02.14).
  40. Justice of the Peace Technology Fund: To recognize and allocate revenue for Justice of the Peace Technology Fund as authorized by Commissioners Court (M20/06.02.14).
  41. Justice of the Peace Precinct 1: To fund new positions as approved M6/06.02.14.
  42. Juvenile Justice Alt Ed Prg – P/14: To adjust line items.
  43. LIRAP – Local Initiative Grant: To recognize and allocate Fiscal Year 14 Grant Agreement with TCEQ for LIRAP Local Initiative Project (M27/05.19.14).
  44. Montgomery County Community Development: To adjust line items.
  45. Montgomery County Community Development CDBG/$1,956,872 – Year 15: To recognize and allocate PI received.
  46. Memorial Library: To adjust line item and allocate revenue (M12/06.02.14).
  47. Sheriff: To adjust line items.
  48. Sheriff: To adjust line items and allocate revenue.
  49. Sheriff: To adjust line items and allocate revenue.
  50. Sheriff: To carryover Fiscal Year 13 funds and adjust line items.
  51. Sheriff/Academy: To correct encumbrance carryover.
  52. Sheriff’s Office Auto Theft: To recognize and allocate auction proceeds.

A3.REPORT OF OFFICIALS’ FEES ACCEPTED as audited for April 2014.

A4.MONTHLY UNAUDITED FINANCIAL REPORT ACCEPTED for the month of May, 2014.

A5.ADDENDUM ACCEPTED to Exhibit A to the rebate services contract with BLX to include Limited Tax Refunding Bonds, Series 2014.

TAX ASSESSOR/COLLECTOR – AGENDA ITEM 9B1

B1.MONTHLY TAX COLLECTION REPORT APPROVED for month ending May 31, 2014.

PURCHASING – AGENDA ITEMS 9C1-8

C1.ADVERTISING APPROVED for the following bid/proposal:

a.Vehicle Loaner/Motorist Assistance Program– Project 2014-0056 – Various Departments.

C2.CONTRACTS AWARDED:

a.Interfacing Company of Texasfor Labor for Telephone/DataCabling Installation (Project 2014-0049) – Information Technology.

b.TJMC LLC dba CJ’s Projects and Services for Installation of Aerobic Septic Systems (Project 2014-0033) – Montgomery County Community Development.

c.Dynamic Sign Systemsfor General Signage (Project 2014-0053) - Various Departments.

C3.RENEWALS APPROVED:

a.The Bode Technology Group, Inc. (P.O. 2012325) for DNA Testing, expires 07/01/14 – Various Departments. Note: Month to month, effective 07/01/14.

b.Loftin Equipment Company (P.O. 2011435) for preventative maintenance on standby generators, expires 07/10/14 – Various Departments.

c.Loftin Equipment Company (P.O. 2011434) for preventative maintenance on standby generators, expires 07/10/14 – Various Departments.

d.EZ Card & Kiosk (P.O. 2013371) for interactive self-service kiosks, expires 07/14/14 – Various Departments.

e.Independent Hardware, Inc. (P.O. 2013399) for all purpose locks/miscellaneous supplies, expires 08/12/14 – Various Departments. Note: See documents on file.

f.Library Friends of Conroe(P.O. 2009420) for lease of office space, expires 08/28/14 – Library.

g.South County Friends of Library (P.O. 2009421)for lease of office space, expires 08/28/14 – Library.

h.Friends of the RB Tullis Library (P.O. 2009422)for lease of office space, expires 08/28/14 – Library.

i.Friends of the West Branch (P.O. 2009423)for lease of office space, expires 08/28/14 – Library.

j.Magnolia LibraryFriends (P.O. 2009424)for lease of office space, expires 08/28/14 – Library.

k.Friends of the Willis Library (P.O. 2009425)for lease of office space, expires 08/28/14 – Library.

l.Allied Tube and Conduit Corp (P.O. 2009488)for posts and related hardware for traffic signs, expires 07/12/14 – Various Precincts. Note: Month to month, effective 07/12/14.

C4.CHANGE ORDERS APPROVED:

a.Change Order #1 (P.O. 2014566) to John Holzwarthfor on-call transportation engineering services, changes per documents on file – Various Precincts.

b.Change Order #1 (P.O. I014560) to Astro Fence Company for chain link fencing/material and labor to issue P.O. 2014560 to replace P.O. I014560, effective 06/02/14 – Various Departments.

c.Change Order #2 (P.O. 2013203) to Williams Brothers Construction Co. for a deduction in the amount of $1,579.40 for construction of an interchange facility consisting of grading, structures, base, concrete pavement, retaining walls, signs & markings, construct electronically tolled direct connectors from WB SH 242 to SB IH 45 & NB IH 45 to WB SH 242 – Precincts 2 and 4/Montgomery County Transportation Program.

d.Change Order #5 (P.O. 2010238) to Southwaste Disposal, LLC for services for pumping out sewer tanks, to add items – Sheriff/Jail.

e.Change Order #1 (P.O. 2014560) to Astro Fence Company for chain link fencing/materials and labor, to add items per documents on file, effective 06/03/14.

C5.DISCRETIONARY EXEMPTIONS APPROVED:

  1. Texas Department of Information Resources (DIR) and Insight Public Sector, Inc. for products and related services through Contract #DIR-SDD-1417, effective 06/16/14 through 07/28/14 – Various Departments. §271.083(b).
  2. Texas Department of Information Resources (DIR) and Layer 3 Communications (Texas), LLC dba Layer 3 Communications for products and related services through Contract #DIR-SDD-1467, effective 06/16/14 through 09/09/14 -Information Technology. §271.083(b).
  3. Texas District and County Attorneys Association for seminars and law books – Various Departments. §262.024(a)(7)(A)(B).
  4. Advanced Traffic Solutions, LLC for traffic engineering services for timing plan study at Grogan’s Mill Rd in the amount of $20,000.00 – Precinct 3. §262.024(a)(4).

C6.LIST APPROVED of miscellaneous items for the next online auction – Various Departments.

C7.CHANGE ORDER #3 APPROVED to Vulcan, Inc., P.O. 2012217 Traffic Signs and Related Supplies, to cancel month-to-month effective June 22, 2014 – Various Precincts.

C8.PURCHASE APPROVED of one 7934 Tandem Axle Trailer – 3,000 PSI @ 40 GPM from Texas Underground, Inc. through the Interlocal Agreement with BuyBoard, Contract #421-13, in the amount of $49,954.00 – Precinct 4.

RISK MANAGEMENT – AGENDA ITEMS 9D1-5

D1.PAYMENT RECORDED INTO MINUTES APPROVED. Payment to Debra Williams in the amount of $144.56 in reference to Claim #A-14-0020. Date of Accident: December 22, 2013.

D2.PAYMENT RECORDED INTO MINUTES APPROVED. Payment to USAA Casualty Insurance Company, as Subrogee of Brandi Anderson in the amount of $1,019.94, in reference to Claim #A-14-0033. Date of Incident: February 5, 2014.

D3.CHANGES, ADDITIONS AND RELEASES APPROVED for the following:

BONDNAME/DEPTAMOUNTACTION

15487168Bates, Kevin/Fire Marshal $5,000 Renew/Cont Cert

61389010Jones, Christopher/Const PCT 5 5,000Renew/Cont Cert

61395436DePaul, Dennis/Const PCT 2 5,000Renew/Cont Cert

15324973Seals, Mark/Const PCT 4 5,000 Renew/Cont Cert

15324983Collins, Scott/Const PCT 5 5,000 Renew/Cont Cert

24790741Kennelly, Brad/Const PCT 3 5,000Renew/Cont Cert

15486578Burlin, George/Fire Marshal 5,000 Renew/Cont Cert

61732223Cook, Dana/Tax Assessor 5,000 Renew/Cont Cert

61732176Henderson, Jodell/Tax Assessor 5,000Renew/Cont Cert

61979634Fuller, Ralph/Const PCT 4 5,000 Reserve/New

D4.PAYMENT RECORDED INTO MINUTES APPROVED. Payment to Enterprise Rent-A-Car in the amount of $221.57, in reference to Claim #A-14-0067. Date of Incident: May 2, 2014.

D5.PAYMENT RECORDED INTO MINUTES APPROVED. Payment to Dawn Marks in the amount of $3,317.71, in reference to Claim #A-14-0067. Date of Incident: May 2, 2014.

COMMISSIONERS – AGENDA ITEMS E1-5

E1.PRECINCT 1

a.USE AGREEMENT APPROVED with North County Football League, Inc. to use the football fields at Charles Traylor Sports Park and West Montgomery County Park from June 1, 2014 – December 31, 2014.

E2.PRECINCT 2

a.USE AGREEMENT APPROVED with Magnolia Youth Football Association to use the Football Fields at Magnolia Sports Park from June 1, 2014 – December 21, 2014.

E3.PRECINCT 3

a. ANNUAL FINANCIAL REPORT ACCEPTED from the Emergency Services District #8 for the year ended September 30, 2013.

E4.PRECINCT 4

a.CHECK ACCEPTED from Montgomery County ESD 7, in the amount of $1,743.70 for the purchase of fuel for the month of April 2014. To be deposited into account 615.7926. Check forwarded to County Auditor for further processing.

b.CHECK ACCEPTED from The City of Roman Forest, in the amount of $2,238.91 for the purchase of fuel for the month of May 2014. To be deposited into account 615.7926. Check forwarded to County Auditor for further processing.

E5.PRECINCTS 1 AND 2

a.ANNUAL FINANCIAL REPORT ACCEPTED from the Emergency Services District #3 for the year ended September 30, 2013.

COMMISSIONERS – COUNTY ENGINEER – AGENDA ITEMS 9F1-4

F1.PRECINCT 1

a.REQUEST APPROVED for LDC, llcto place a 2” Natural Gas Line within the right of way of Blue Goose Road.

F2.PRECINCT 2

a.FINAL PLAT APPROVED for Holly Terrace at Jacobs Reserve, Section 5; 19.866 Acres; Charles E. Dugat Survey, A-170.

b.FINAL PLAT APPROVED for WHB Subdivision, Section 1; 2.498 Acres; John N. Thomas Survey; A-549.

c.STREETS ACCEPTED at Maria’s Way Right of Way Dedication, having completed one year maintenance period and bond released.

d.STREETS ACCEPTED INTO THE ONE YEAR MAINTENANCE PERIOD at Pecan Grove at Jacobs Reserve, effective June 16, 2014. Total length of roads 2,237.84 linear feet = .42 miles.

e.FINAL PLAT APPROVED for Montgomery County M.U.D. No. 139 Water Plant; 792 Acres; James Hodge Survey; A-19.

f.REQUEST APPROVED for Comcast of Houston, LLC to place a 1½” conduit line within the right of way of Honea Egypt Road.

g.REQUEST APPROVED for San Bernard Electric Cooperative, Inc. to place one power pole 1’ in an existing power line within the right of way of Nichols Sawmill Road approximately 1554’ west of the intersection of Glenwood Estates Boulevard and Nichols Sawmill Road.

F3.PRECINCT 3

a.FINAL PLAT APPROVED for Harmony RPM4M Central; 13.80 Acres; Montgomery County School Land Survey; A-351.

b.FINAL PLAT APPROVED for Harmony RPM4M Ventures Common; 18.85 Acres; Montgomery County School Land Survey; A-351.

F4.PRECINCT 4

a.FINAL PLAT APPROVED for Northpark Reserve; 12.83 Acres; Mary Owens Survey; A-405.

b.STREETS ACCEPTED at Woodridge Forest, Section 1, having completed one year maintenance period and bond released.

c.STREETS APPROVED INTO THE COUNTY ROAD MAINTENANCE SYSTEM at Kings Mill, Section 7, effective June 16, 2014. Total length of roads 3,722.29 linear feet = 0.71 miles.

d.STREETS APPROVED INTO THE COUNTY ROAD MAINTENANCE SYSTEM at Montgomery Creek Ranch, Section 15, effective June 16, 2014. Total length of roads 1,579.21 linear feet = .30 miles.

ENVIRONMENTAL HEALTH – AGENDA ITEMS 8G1-2

G1.RESCIND ORDER TO ABATE NUISANCE APPROVED for 17538 White Oak Drive, Conroe, Texas. This property has been brought into compliance without County involvement of funds.

G2.VARIANCE REQUEST APPROVED to install an aerobic on site system in the 100 year flood plain located at 9539 Palmetto Road, Magnolia, Texas 77354.

COUNT ATTORNEY – REAL PROPERTY – AGENDA ITEMS 9H1-3

H1.PRECINCT 2

a.ORDER APPROVED Accepting Road Into Montgomery County Road Maintenance System Upon Finding of Prescriptive Right Based On Public Use in Woodland Lakes, a street or road known as Lakeview.

H2.PRECINCT 3

a.AGREEMENT APPROVED Authorizing Placement Of Improvements Within Right-Of-Way described as Woodsons Reserve Parkway (formerly known asNorthwoods Parkway).

b.AGREEMENT APPROVED Authorizing Placement of Improvements Within Right-Of-Way between Montgomery County and Montgomery County Municipal Utility District No. 127 for improvements within County owned right-of-way known as Birnham Woods Drive.

H3.PRECINCT 4

a.ORDER APPROVED Accepting Corrected Donation Deed For Easement For A Public Roadway And Authorizing Special Commissioner Ed Rinehart To Sign For The Acceptance Of The Corrected Donation Deed from Sig-Valley Ranch, Ltd. And Valley Ranch Town Center, Ltd. over and across two tracts of land in the William Massey Survey, Abstract 387, and the William Smith Survey, Abstract 540 for public road right of way and authorizing Special Commissioner Ed Rinehart to sign for the acceptance of the corrected Donation Deed.

CONSTABLE PRECINCT 5 – AGENDA ITEM 9I1

I1.DONATION ACCEPTED from Montgomery County Fair Association, in the amount of $500.00 to be deposited into 5551-7390. Check forwarded to Auditor for further processing.

INFRASTRUCTURE – AGENDA ITEM 9J1

J1.CERTIFICATE OF SUBSTANTIAL COMPLETION DOCUMENT AND PUNCH LIST APPROVED from Joseph M. Santopetro, Architect for the Montgomery County Jail Additions Project.

Motion carried.

END OF CONSENT AGENDA

Ryan O’Hara, Managing Director of the Houston office of BOSC, Inc. presented to the Court “Schedule of Events Presentation $60,125,000 Limited Tax Refunding Bonds, Series 2014”.

4.ORDER APPROVED – TAX REFUNDING BONDS, SERIES 2014A – COUNTY JUDGE

Motion by Commissioner Meador, seconded by Commissioner Noack, to approve Order Authorizing The Issuance Of Montgomery County, Texas Limited Tax Refunding Bonds, Series 2014A; Delegating Authority To Approve Final Pricing Terms Of The Bonds And To Execute Final Agreements; Authorizing The Preparation And Distribution Of An Official Statement; and Matters Incident Thereto. Motion carried.

5.REQUEST APPROVED – ACCEPTANCE OF FUNDS - SHERIFF

Motion by Commission Meador, seconded by Commissioner Doyal, to approve acceptance of funds for the CJD – Regional Communication Response Project in the amount of $122,679.01. The Grant Application was approved in Commissioners Court on March 24, 2014. No County match is required. Funds to be allocated to the Sheriff’s Radio Budget, 560163. Motion carried.

6.PURCHASE AGREEMENT APPROVED – SPILLMAN TECHNOLOGIES – INFORMATION TECHNOLOGY

Motion by Commissioner Meador, seconded by Commissioner Noack, to approve authorizing Judge Sadler to sign the Purchase Agreement with Spillman Technologies, Inc. in the amount of $2,633,732.87 for Computer-Aided-Dispatch (CAD), Mobile, Records Management System (RMS) and ancillary software and services approved in Special Session of Commissioners Court on June 2, 2014. Texas Department of Information Resources (DIR) Contract, DIR-SDD-1623, previously approved at Commissioner Court on April 7, 2014. The computer hardware costs associated with this project for the servers, including storage and other ancillary hardware are to be an additional cost not to exceed $225,000.00. Motion carried.

7.ORDER APPROVED –CONSOLIDATE VOTING PRECINCTS/LOCATIONS/TIMES - ELECTIONS

Motion by Commissioner Doyal, seconded by Commissioner Meador, to approve Order To Consolidate Voting Precincts And To Set Early Voting Locations And Times For The August 5, 2014 Election. Motion carried.

8.REQUESTS APPROVED – CHANGES IN POSITIONS – BUILDING MAINTENANCE

Motion by Commissioner Meador, seconded by Commissioner Rinehart, to approve the following changes in positions, effective July 1, 2014:

  • Close position 510-3403-1 Facility System Manager
  • Open Position 510-5701-6 Maintenance Tech III
  • Open Position 510-5725-10 Facility/Grounds

Motion carried.

9.REQUEST APPROVED – TRANSFER OF FUNDS – BUILDING MAINTENANCE

Motion by Commissioner Rinehart, seconded by Commissioner Meador, to approve the following transfer of funds to fund the newly opened positions:

  • $43,457.23 from 510-3403-1 to 510-5701-6
  • $26,263.15 from 510-3403-1 to 510-5725-10

Transfers do not increase the budget for Fiscal Year 14. There will be an increase for benefits in the Fiscal Year 2015 budget in the amount of $11,684.40. Motion carried.

10.CONTRACT AWARDED – REBEL CONTRACTORS - PURCHASING

Motion by Commissioner Rinehart, seconded by Commissioner Meador, to approve awarding Contract to Rebel Contractors, Inc. for Deerwood Neighborhood Drainage Improvements – GLO Contract No. 12-477-000-6642 (Project 2014-0050) – Infrastructure, in the amount of $804,070.31. Motion carried.

11.AMENDMENT APPROVED – INMATE TELEPHONE AGREEMENT – COUNTY ATTORNEY

Motion by Commissioner Noack, seconded by Commissioner Meador, to approve First Amendment To Inmate Telephone Service Agreement between Montgomery County and Global Tel*Link Corporation. Eight lines of text after the first paragraph in “4.Compensation.” shall be deleted and replaced by:

Commission payments will be payable and delivered to the addresses listed in this section, which the Premise Provider may change from time to time upon notice to Company in accordance with this Agreement’s notice provision.

Collect and Advance Pay:

Montgomery County