COMMISSIONERS COURT DOCKET DECEMBER 20, 2010  REGULAR SESSION  THE STATE OF TEXAS COUNTY OF MONTGOMERY  BE IT REMEMBERED that on this the 20th day of December, 2010, the Honorable Commissioners' Court of Montgomery County, Texas, was duly convened in a Regular Session in the Commissioners' Courtroom of the Montgomery County Courthouse Annex,  Conroe, Texas, with the following Members of the Court present:  County Judge, Commissioner, Commissioner, Commissioner, Commissioner, Also-  Alan "Barb" Sadler Precinct #1 - Mike Meador Precinct #2 - Craig Doyal Precinct #3 Ed Chance Precinct #4 Ed Rinehart Rebecca Biasotti, County Clerk's Office  INVOCATION GIVEN BY ANN CARR  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 Rinehart, seconded by Commissioner Chance, to approve Commissioners' Court Agenda for discussion and necessary action. Motion carried.  2. MINUTES APPROVED - COMMISSIONERS COURT MINUTES - COUNTY  CLERK  Motion by Commissioner Rinehart, seconded by Commissioner Meador, to approve Commissioners' Court Minutes for December 6, 2010 as presented by the County  Clerk. Motion carried.  3.  CONSENT AGENDA. APPROVED - AGENDA ITEMS 8A-R  Motion by Commissioner Chance, seconded by Commissioner Meador, to approve  the Consent Agenda, as follows: COUNTY AUDITOR AGENDA ITEMS 8A  A. ACCOUNTS approved, as submitted by the County Auditor. B. BUDGET AMENDMENTS for fiscal year 2010 approved, as follows: 1. CDBG DISASTER REC ENTITLE GRANT: To adjust line items  2. CDBG YEAR 12: To adjust line items  3. 4. 5.  CONSTABLE PCT.2: To set up grant (m30/11.22.10) CONSTABLE PCT.5: To set up grant (m30/11.22.10) DISTRICT ATTORNEY: Sexual Assault Investigator Grant    6.  FORENSIC SERVICES: To fund startup of forensic services department as authorized by CCT (m5/07.02.10) to cover additional salary positions for 2009  7. HOMELAND SECURITY GRANT PRG09-UASI: To adjust line items  8. 9.  HOMELAND SECURITY GRANT PRG09-LEAP: To adjust line items HOMELAND SECURITY GRANT PRG08-UASI: Toa adjust line items  10. RISKI MANAGEMENT: To recognize and allocate restitution  11. SHERIFF: To set up grant (m30/11.22.10) 12. SHERIFF: to recognize and allocate donation  C. BUDGET AMENDMENTS for fiscal year 2011 approved, as follows:  1. AIRPORT: To recognize and allocate grant award for RAMP Project 2. ANIMAL SHELTER: To recognize and allocate revenue and  donations  3.  CP-REVENUE/TAX BONDS 09: To recognize and allocate donation 4. CHILD WELFARE BOARD: To recognize and allocate Foster Care 5. CIVIC CENTER: To transfer funds for release 398935  Grant - Concrete Services from DFPS  6. 8. 9.  COMMISSIONER PCT 1: To recognize and allocate reimbursements 7. COMMISSIONER PCT1 1: To transfer funds for security expense COMMISSIONER PCT 4: To recognize and allocate proceeds from CONSTABLE PCT 1: Tor recognize and allocate reimbursements 10. CONSTABLE PCT3- - TCID SUB UNIT: To record revenue to same 11. COUNTY ENGINEER: m37/12.22.08- - On call transportation 12. COUNTY JUDGE - LOW INCOME REPAIR ASSISTANCE PROGRAM: To recognize and allocate FY2010 LIRAP 13. COUNTYTREASURER: To recognize and allocate Texpool deposit 14. ELECTIONS ADMINISTRATOR: To transfer funds for VPN token 15. ENERGY EFFICIENCY GRANT - 10: To adjust line items 16. EXTENSION AGENTS: To recognize and allocate donation 17. HOMELAND SECURITY GRANT PRG10-1 UASI: To recognize and allocate Homeland Security Grant 2010 (UASI) (m13/11.22.10) 18. HOMELAND SECURITY GRANT PRT - LETPA: To recognize and allocate Homeland Security Grant 2010 (LETPA) (m13/11.22.10)  10/27/10 auction  dept. as expense services    3  19. HOMELAND SECURITY GRANT PRT09 -LEAP: To adjust line 20. JUVENILE PROBATION: To transfer funds for two VPN tokens and 21. JUVENILE PROBATION- -JUVENILE JUSTICE ALT ED PRG-P/11: 22. JUVENILE PROBATION- - FOSTER CARE TITLE IV-E/10: Tocarry 23. JUVENILE PROBATION - STATE AID - A/11: To correct set up of additional funds for Grant "A" from TJPC FY11 24. LONE STAR LIBRARIES GRANT: To recognize and allocate 2011 Lone Star Libraries Grant from TSLAC (m26/11.08.10) 25. MEMORIAL LIBRARY: To recognize and allocate donation 26. MENTAL HEALTH FACILITY: To correct budget 27. RISKI MANAGEMENT: To transfer funds for damage claims 28. RISK MANAGEMENT: To recognize and allocate restitution 29. RISK MANAGEMENT: To recognize and allocate insurance proceeds 30. SHERIFF: Tofund Spring Creek Greenway Patrol for PR 11/05/10 31. SHERIFF: Tofund Spring Creek Greenway Patrol for PR 11/19/10  items to correct 12.6.10b budget amendment tore recognize and allocate revenue To carry over FY101 funds over FY101 funds  32. SHERIFF: Toadjust line items  33. SHERIFF: To recognize and allocate reimbursements 34. SHERIFF: To recognize and allocate donations  35. STATE HOMELAND SECURITY PRT - SHSP10: To recognize and 36. TCE1-HGAC - RECYCLE-11-16-GOB: To adjust line items to record  allocate Homeland Security Grant 2010 (SHSP) salary match for Styrofoam Enhancement Grant  TREASURER AGENDA ITEMS 8B  A. WEEKLY INVESTMENT REPORT for week of December 6-10, 2010 B. PLEDGED SECURITIES monthly report for November1-30, 2010 approved. C. CANTELLA INSTITUTIONAL ACCOUNT INFORMATION FORM approved.  approved.  TAX ASSESSOR/COLLECTOR. - AGENDA ITEMS 8C  A. MONTHLY TAX COLLECTION REPORT for month ending November 30,  2010 was approved.    B. CARRY OVER OF FUNDS FROM FISCAL YEAR 2010 approved. C. SUPPLEMENTAL CHANGES TO 2010 CONSOLIDATED TAXI ROLL FOR  OCTOBER approved.  PURCHASING DEPARTMENT- AGENDA ITEMS 8D A. ADVERTISING - approved as follows:  1. RFP/Q Extension of fiber network - Willis office locations - 2. New prisoner transport modules - Sheriff's Office/Jail.  Information Technology.  3.  New vehicles with police package - Sheriff's Office/Various  Departments.  B. CONTRACT RENEWALS - approved as follows:  1. Lone Star Uniforms (P.O. #2010277) for new uniforms - Various 2. Texas Lone Star Pavement Service, Inc. (P.O. #2009447) for crack 3. Wilkins Linen & Dust Control Service (P.O. #2009147) for dust mop/floor mat/shop/textile and bath towel and fender cover service - Cleveland Mack Sales, Inc. (P.O. #2007244) for batteries/pick pdelveredconsgnment to be on a month-to-month - Various Dynasource, Inc. (P.O. #2009311) for Data Storage and Document Imaging Solutions, TCPN Contract #R4844 - Various Departments.  Precinct Constables.  seal service - Various Precincts. Various Departments. Departments.  4. 5.  C. CHANGE ORDERS approved as follows:  1. Change Order #5, P.O. #2008496 to Fairweather Group, LLC for price decrease in the amount of $5,025.78 on the design and build of the Spring Creek Community/Nature Center and Sheriff Station. Change Order #3, P.O. #2010450 to M Space Holdings LLC for Change Order #2, P.O. #2010451 to American Homestar Corporation Change Order #11, P.O. #2009386 to Diamondback Service Management for pest control services - Various Departments. Change Order #4, P.O. #2009317 to Thyssenkrupp Elevator Corporation for elevator maintenance and repairs - Various Change Order #4, P.O. #2009519 to' Webster Veterinary Supply for veterinary supplies - Animal Shelter/Animal Control. Change Order #3, P.O. #2009518 to Tradewinds Trading Company, Inc., dba TW Medical for cancellation of month-to-month for veterinary supplies - Animal Shelter/Animal Control.  2. 3. 4. 5. 6. 7.  Modular Homes MCCD. for Modular Homes - MCCD.  Departments.    8.  Change Order #1, P.O. #2011092 tol Paradigm Consultants, Inc. for construction materials testing for Nichols Sawmill Road- -FM1774to  Roberts Cemetery Road - Pct. #2/ Engineering.  D. PERMISSION TO ADVERTISE RESCINDED  Advertising for transporting, processing and recycling used tires rescinded-  Various Departments  E. RENAMING BID/PROPOSALS APPROVED  Renaming Montgomery County Courthouse Repairs to RFP/Q Montgomery PROPOSAL APPROVED - GEOTECHNICAL INVESTIGATION HTS, Inc. to perform a geotechnical investigation for the proposed metal building located at 23628 Roberts Road, New Caney for a fee of $2,416.00. Purchase of one Smart 850+ Radar Unit Trailer in the amount of $8,072.93 from Kustom Signals, Inc. through the Interlocal Agreement with HGAC Contract #EF-04-09, to be paid using JAG Grant funds.  County Courthouse Repairs - Infrastructure.  F.  G. PURCHASE APPROVED - RADAR UNIT TRAILER  RISKI MANAGEMENT AGENDA ITEMS 8E  A.  RECOMMENDATION APPROVED - MONTGOMERY COUNTY Renewals of the service and reinsurance contracts for the Montgomery County Employee Benefit Plani fort the 2011 plan year as presentedi int the letter dated December 7,20101 from Boon-Chapman Benefit Administrators. B. CHANGES, ADDITIONS AND RELEASES ON SURETY BONDS approved.  EMPLOYEE BENEFIT PLAN  COMMISSIONERS, PRECINCT #4 AGENDA ITEM 8F  A. CHECK ACCEPTED - CITY OF ROMAN FOREST  Check in the amount of $1,809.11 accepted from City of Roman Forest for the purchase of fuel for the month of October, 2010. Check forwarded to  Treasurer for further processing.  COMMISSIONERS: - COUNTY ATTORNEY - ROAD AND BRIDGES - AGENDA ITEMS  8G  A. PRECINCT #2  1. ORDER APPROVED  Order authorizing payment of relocation expenses in association with the purchase of right of way known as Parcel 641 for The Woodlands  Parkway Extension Project.    B.  PRECINCT #4  1. CHECKS ACCEPTED as follows:  a. Check accepted int the amount of $1.00 from Janice McCoy for lease of real property described as tracts 313,334,335, and Check accepted int the amount of $1.001 from Keven Dowell for lease of real property described as lot 42, Forest Hills Green.  336, Krohn Ranchettes.  b.  Checks forwarded to Treasurer for further processing.  COMMISSIONERS. - COUNTY ENGINEER - AGENDA ITEMS 8H1-2  A. COMMISSIONER: - PRECINCT #2 1. PLAT APPROVED  Final plat of The Forest at. Jacobs Reserve, Section 2 approved.  B.  COMMISSIONER - PRECINCT #4 1. FINAL PLATS APPROVED as follows:  a. Final plat of Harper's Preserve, Section 1.  b. follows: a. b.  Final plat of The Woodlands Trade Center, Section 7.  2. ROADS ACCEPTED INTO THE COUNTY ROAD SYSTEM as  Timberland North, Section 3. Total length of roads: 1729L L.F.= Timberland North, Section 4. Total length of roads: 2065.76  .33 Miles. L.F.=. .39 Miles.  DISTRICT CLERK- AGENDA ITEMS 811-2  A. DEPUTATIONS APPROVED as follows:  1.  Ramona Bauer 2. Ryan Daniel  COUNTY JUDGE - AGENDA ITEM 8J A. APPOINTMENT APPROVED  Appoint Commissioner Mike Meador as representative to the Houston- Galveston Area Council General Assembly and alternate, Board of Directors for year 2011; change from previous designation of November 22, 2010. (no  paperwork on file)  B. APPOINTMENTS APPROVED  Appoint Commissioners Ed Chance and Ed Rinehart as two alternates to General Assembly of Houston-Galveston Area Council for year 2011; change from previous designation of November 22, 2010. (no paperwork on file)    C. REAPPOINTMENT APPROVED  Reappoint Dr. Daniel R. Walker as local health authority for Montgomery County, Texas for a period of two years commencing January 1,2011.  SHERIFF DEPARTMENT - AGENDA ITEMS 8K A. CHECKS ACCEPTED as follows:  1.  Check accepted in the amount of $64.34 from Montgomery County Crime Stoppers, Inc. for cell phone donation for Brandy Wright for the 2. Check accepted in the amount of $2000.001 from August Pines Charity  month of November, 2010. for patrol vehicle participation.  Checks forwarded to Treasurer for further processing.  COUNTY CLERK - AGENDA ITEM 8L  A. CORRECTION TO COURT MINUTES - OCTOBER 25, 2010 (agenda item  9D3a) should read as follows:  "3. CHANGE ORDERS APPROVED as follows:  a. Change Order #4, P.O. #2007410 to PPG Architectural Finishes, Inc. dba Pittsburgh Paint/Monarch Paint for paint and miscellaneous supplies - delivered/picked up - Various Departments, for changes with an overall increase of 4%, per  change order on file."  CONSTABLE PRECINCT #4 - AGENDA ITEM 8M  A. REPORT APPROVED  The FY2010 Asset Forfeiture Report to the Attorney General of Texas,  approved.  COUNTY ATTORNEY - AGENDA ITEMS 8N  A. REDUCTION OF BUDGET HOURS APPROVED  Reducing budget hours from 1508.0 hours to 592.0 hours to accommodate  position from bi-weekly tol hourly rate. B. TRANSFER OF FUNDS APPROVED  Transfer of $13,552.14 from for purposes of position change approved November 22, 2010, motion #26. Also, balance of funds needed for benefits will be paid from the County Attorney's discretionary account int the amount  of $799.73.  C.  LAND LEASE AGREEMENT APPROVED AIRPORT  Assignment of a land lease agreement at thel Lone Star Executive Airport from Ratcliff Development Group, LLC, to Greatland Holdings, LLC.    LIBRARY - AGENDA ITEM8 80  A. CHECK ACCEPTED - LIBRARY FRIENDS OF CONROE  Check accepted in the amount of $27, ,000.00 from the Library Friends of Conroe tol be used for purchases at the Central Library. Check forwarded to  Treasurer for further processing.  INFRASTRUCTURE: - AGENDA ITEM 8P1  A. SUBSTANTIAL COMPLETION DOCUMENT APPROVED  Substantial Completion Document for Fairweather Group, LLC, for the Spring  Creek Community/Nature Center approved.  PARKS DEPARTEMENT- AGENDA ITEM 8Q A. USE AGREEMENT APPROVED  Precinct #1 Montgomery County Food Bank' Share Your Holiday Food  Drive" Courthouse Steps.  CONSTABLE PRECINCT #5 - AGENDA ITEM 8R  A. PERSONAL SERVICE AGREEMENTS AND RELEASES OF LIABILITY  APPROVED for the following: a. Colby Mathes b. Amber Masden  Motion carried.  END OF CONSENT AGENDA  4.  MEMBERSHIP DUES APPROVED HGAC  Motion by Commissioner Doyal, seconded by Commissioner Meador, to approve Houston-Galveston Area Council membership dues in the amount of $11,750.72. REQUEST APPROVED - DONATION - CENTER FOR HOUSTON'S FUTURE Motion by Commissioner Doyal, seconded by Commissioner Chance, to support the Center for Houston's Future with a one time $1,000.00 contribution from PAYROLL CHANGE REQUESTS APPROVED - COUNTY JUDGE Motion by Commissioner Meador, seconded by, Judge Sadler, to approve grade level increases and salary increases that were noti included during the budget process. Funded from contingency. Motion carried. SALARY INCREASE APPROVED - 435'DISTRICT COURT  Motion carried.  5.  contingency. Motion carried.  6.  7.  Motion by Commissioner Meador, seconded by Commissioner Rinehart, to approve the salary increase for April Knudson, 435!h District Court Coordinator, to commensurate with the salaries of other court coordinators. Funded from  contingency. Motion carried.    9  AGENDA ITEM 10B- - APPROVAL OF PAYMENT FOR ACCRUED VACATION HOURS -  DEFERRED 8.  REGIONAL HAZARD MITIGATION PLAN APPROVED  Motion by Commissioner Chance, seconded by Commissioner Doyal, approving the Regional Hazard Mitigation Plan - Contract CE10-066 between Montgomery County and Houston-Galveston Area Council, funded from contingency. Motion  carried.  9.  RESOLUTION. APPROVED V WILLIS REINVESTMENT ZONE  Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve the resolution and order creating the City of Willis Tax Increment Reinvestment Zone No.1, and the intent for Montgomery County to participate. Motion carried. 10. REQUEST APPROVED - HIRING CHARLES BRYANT TO OVERSEE TIMBER  SALE- LONE STAR EXECUTIVE AIRPORT  Motion by Commissioner Meador, seconded by Commissioner Rinehart, to approve hiring Charles M. Bryant to oversee the sale of timber at the Lone Star Executive Airport, with commission to be paid from the proceeds of the timber sale. Motion  carried.  11. INTERLOCAL AGREEMENT APPROVED- - ESD; #12-F FIRE MARSHAL  Motion by Commissioner Rinehart, seconded by Commissioner Meador, to approve the Interlocal Agreement with Emergency Services District #12 for inspections and review of certain commercial buildings as defined in the District Fire Code. Motion 12. STATEMENT OF FINANCIAL POSITION - ADULT PROBATION - APPROVED Motion by Commissioner Chance, seconded by Commissioner Doyal, to approve the Adult Probation Department's Statement of Financial Position and quarterly report to the Director of Fiscal Management for the Community Justice Assistance Division of the Texas Department of Criminal Justice. Motion carried. 13. PHONE ALLOWANCES APPROVED - JUVENILE PROBATION  carried.  Motion by Commissioner Meador, seconded by Commissioner Rinehart, to approve phone allowances for Juvenile Probation employees, including the Director, Deputy Director, Office Manager and the Data Coordinator. Motion carried. AGENDA ITEM1 16B-DUPLICATE-I PHONE ALLOWANCES- STRICKEN FROM 14. LEGAL REPRESENTATION FOR INDIGENT JUVENILES APPROVED (AGENDA  AGENDA  ITEM23D)  Motion by Commissioner Meador, seconded by Commissioner Chance, to approve ar master contract for legal representation of eligible indigent juveniles with William  L.F Pattillo, Chris Allen, and Carolyn Atkinson. Motion carried.  15. AUTHORIZATION APPROVED- - PURCHASE OF COPIER - DISTRICT  ATTORNEY  Motion by Commissioner Rinehart, seconded by Commissioner Meador, to approve use of Pre-Trial Diversion funds to purchase and/or maintain copier and related items needed for administration of the program. Motion carried    10  16. PAYOUT OF POSITION APPROVED - DISTRICT ATTORNEY  Motion by Commissioner Rinehart, seconded by Commissioner Chance, to approve the payout of position #4351-7915-5 in the amount of $17,060.00 to Michael R. Tiffin due tol his retirement from Montgomery County effective December 31, 2010. 17. 2009 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT  Motion carried.  APPROVED - COMMUNITY DEVELOPMENT 18. AMENDMENT APPROVED - COUNTY ENGINEER  Motion by Commissioner Rinehart, seconded by Commissioner Chance, to approve Amendment #1 to the Advance Funding Agreement between the Texas Department of Transportation: and the Montgomery County for the ramp reversal and illumination at SH: 242 and the direct connector located from northbound IH-45 to eastbound SH  242. Motion carried.  19. VACATION PAYOFF APPROVED - CCL#2  Motion by Commissioner Meador, seconded by Commissioner Rinehart, to approve funding for the payoff for Sandra Bourgeois, County Court at Law #2 Court Reporter, whose retirement is effective 12.31.2010, in the amount of $8,406.091 from contingency. This allows incoming Judge-elect Laird tol hire her Court Reporter AGENDA ITEM: 21A - REQUEST THAT RISKI MANAGEMENT AS RECORD RETENTION AGENDA ITEM 21B - REQUEST THAT INSURANCE CERTIFICATE REQUESTS BE PURCHASING - AGENDA ITEMS 22A1, 22A7, 22A9, 22A12, 22A13, 22A15, 22A16, PURCHASING - AGENDA ITEM: 22A3 PREVIOUSLY APPROVED - STRICKEN FROM  beginning January 1, 2011. Motion carried.  DEPARTMENT FOR INSURANCE CERTIFICATES - DEFERRED SENTI DIRECTLY TO RISK MANAGEMENT - DEFERRED  22A17 - DEFERRED AGENDA  PURCHASING - AGENDA ITEM 22A6 - REJECTED  20. PURCHASING - AGENDA ITEMS 22A2, 22A4, 22A5, 22A8, 22A10, 22A11,22A14  APPROVED thet following:  Motion by Commissioner Chance, seconded by Commissioner Rinehart to approve A. RFP/Q Travel Service - Travelectra, Inc. - Various Departments - Project B. Veterinary Supplies - MWI Veterinary supply - Animal Shelter/Animal C. RFP/Q for processing, printing and mailing of jury summons -Burke Asset Partnership LTD dbal Direct Mail Partners - District Clerk - Project #2010- D. Forensic Services medical and miscellaneous supplies - Southland Medical Corporation - Forensic Services Department- - Project #2011-0018 E. RFP/Q for administration of IBM AIXI UNIX systems - Nohup Corporation-  #2011-0004  Control Project #2011-0015  0103  ITD Department - Project #2011-0017    11  F. New vehicles - Various Departments - Project #2011-0028 G. Construction for paving and drainage for Rayford Road - Randy Roan Construction, Inc. - Engineering/Pct. #3 - Project #2011-0027  Motion carried.  21. PURCHASE APPROVED - APEX PORTABLE RADIOSNEHICULAR CHARGERS Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve the purchase of APEX portable radios and vehicular chargers from Motorola, Inc. through the Interlocal Agreement with HGAC. Funded out of the 2010 UASI Grant.  Motion carried. NFRASTRUCTURE  22. CHANGE ORDER APPROVED- FAIRWEATHER GROUP LLC-  Motion by Commissioner Chance, seconded by Commissioner Meador, to approve Change Order #6, P.O. #2008496 to Fairweather Group LLC for design build of the Spring Creek Community/Nature Center and Sheriff Station. Motion carried. 23. CHANGE ORDER APPROVED- V W.W. WEBBER LLC - PCT #4/ENGINEERING Motion by Commissioner Rinehart, seconded by Commissioner Chance, to approve Change Order #8, P.O. #2008615 to W.W. Webber LLC for Construction for widening ofr non-freeway facility consisting of grading widening structures, base and concrete pavement on! FM 13141 from 1.0 miles south of SH 242 to 2.6 miles 24. CHECK ACCEPTED - LOCAL GOVERNMENT PURCHASING COOPERATIVE Motion by Commissioner Meador, seconded by Commissioner Doyal, to accept rebate checki in the amount of $3,883.63 from The Local Government Purchasing Cooperative and Buy board for participation during the 2009-2010 fiscal years. Motion carried. Check forwarded to Treasurer for further processing. 25. CHANGE ORDER APPROVED - HASSELL CONSTRUCTION INC - PCT# #3  northwest of Loop 494. Motion carried.  Motion by Commissioner Chance, seconded by Commissioner Meador, to approve Change Order #2, P.O. #2010447 to Hassell Construction, Inc. for construction widening of Research Forest Drive at a price increase of $122,579.00. Motion  carried.  26. CHANGE ORDER APPROVED - CLR, INC - PRECINCTS #2 AND#3  Motion by Commissioner Chance, seconded by Commissioner Doyal, to approve Change Order #2, P.O. #2006548 to CLR, Inc. for engineering services for expansion of FM 29781 from Bogs Road to FM 1488. Motion carried. 27. CHANGE ORDER APPROVED- - FAIRWEATHER GROUP LLC-  INFRASTRUCTURE  Motion by Commissioner Meador, seconded by Commissioner Chance, to approve Change Order #2, P.O. #2011066 to Fairweather Group LLC for the Forensic  Facility at a price increase of $56,711.00. Motion carried.    12  28. POSITION CHANGE APPROVED - COUNTY ATTORNEY  Motion by Commissioner Doyal, seconded by Commissioner Meador, to approve position change for Sharon Rustam from part-time to full-time employee. Motion  carried.  29. TAXA ABATEMENT APPROVED  Motion by Commissioner Meador, seconded by Commissioner Chance, to approve tax abatement agreement with JYOTI Americas, LLC. Motion carried. 30. PERSONAL SERVICE AGREEMENT APPROVED - CONSTABLE PCT #1  Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve the Personal Service Agreement with John Enloe, as reserve Deputy Constable, by Montgomery County Constable, Precinct #1, with Law Enforcement Services to be designated by Montgomery County Constable Precinct #1 and authorize discretionary exemption for personal services. Motion carried.  AGENDA ITEM. 23D - SEE MOTION #14  31. RESOLUTION APPROVED - DISCRETIONARY EXEMPTION FOR AUTOPSIES Motion by Commissioner Rinehart, seconded by Commissioner Chance, to approve ar resolution and order clarifying discretionary exemption for autopsies performed! by 32. LANDL LEASE AGREEMENT APPROVED - GALAXY AIRPORT PROPERTIES  the Dallas County Medical Examiner's Office. Motion carried.  LLC  Motion by Commissioner Meador, seconded by Commissioner Chance, to approve al Land Lease Agreement with Galaxy Airport Properties, LLC, for approximately 3.027 acres of land at the Lone Star Executive. Airport. Motion carried. 33. RESOLUTION. APPROVED. -V WILDLIFE CONTROL: - AIRPORT  Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve a resolution and order approving depredation permit application to the Texas Parks and Wildlife Department related to wildlife control at the Lone Star Executive Airport. 34. CONVEYANCE OF AI PIPLEINE AND ACCESS EASEMENT APPROVED -F PCT  Motion carried. #4  Motion by Commissioner Chance, seconded by Commissioner Rinehart, to approve order authorizing the conveyance of a pipeline and access easement to Tri-C Resources, LLC for a piece of property at the Ipes Road Sports Complex, and authorize the Commissioner of Pct. #4 to execute the instrument on behalf of 35. OCCUPANCY AGREEMENTS APPROVED - COMMUNITY DEVELOPMENT  Montgomery County, Texas. Motion carried.  CENTER  Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve occupancy: agreements between Montgomery County, Texas and the following tenants oft the North Montgomery County Community Development Center:  A. Montgomery County Youth Services B. Access Builds Children  Motion carried.    13  36. INTERLOCAL AGREEMENT APPROVED - ROAD CONSTRUCTION, AND  IMPROVEMENTS- - AIRPORT  Motion by Commissioner Doyal, seconded by Commissioner Meador, to approve the Interlocal Agreement between the County, the City of Conroe, and Conroe Industrial Development Corporation for road construction andi improvements adjacent to the Lone Star Executive Airport, and to authorize Judge Sadler to sign 37. RESOLUTION. APPROVED - INDEPENDENT CONTRACTORS AGREEMENT-  the agreement and any related paperwork. Motion carried. BLOOD TECHNICIANS - DISTRICT ATTORNEY  Motion by Commissioner Rinehart, seconded by Commissioner Meador, to approve resolution and order authorizing the use of an Independent Contractor's Agreement and release for purposes of authorizing the District Attorney to execute such agreement on behalf of the County when the District Attorney needs blood technician services for their No Refusal program. Motion carried. 38. ABANDONMENT OF RIGHT OF WAY APPROVED - PRECINCT #3  Motion by Commissioner Rinehart, seconded by Commissioner Chance, to approve the abandonment of the right of way of Winterberry Place (as indicated in' Volume 900, Page 641, R.P.R.M.C.T.) thatl lies outside of the right of way of the same name dedicated in the plat of Woodlands Village of Grogan's Mill Village Center, Section 2  (Cabinet E, Sheet 142-A, M.C.M.R.) Motion carried.  39. DISBURSEMENT OF HR2389 TITLE III MONEY APPROVED - PRECINCT #1 Motion by Commissioner Meador, seconded by Commissioner Doyal, to approve the disbursement of HR2389 Title III money to North Montgomery County Fire 40. APPLICATION APPROVED - MENTAL HEALTHTREAIMENT FACILITY- - PCT  Department in the amount of $46,964.15. Motion carried.  #3  Motion by Commissioner Chance, seconded by Commissioner Rinehart, to approve the application to the Joint Commission for Accreditation of the Montgomery County Mental Health Treatment Facility and to authorize Commissioner Pct. #3to 41. FUNDING APPROVED FROM CONTINGENCY - PAYMENT TO JOINT  complete online submission. Motion carried.  COMMISSION FOR ACCREDITATION- PRECINCT: #3  Motion by Commissioner Chance, seconded by Commissioner Meador, to approve funding from contingency to make payment to the. Joint Commission for Accreditation in the amount of $1,700.00 which represents the required deposit for the Montgomery County Mental Health Treatment Facility. Motion carried. 42. PATIENT TRANSFER POLICY APPROVED - MENTAL HEALTHTREATMENT  FACILITY- PRECINCT #3 facility. Motion carried.  Motion by Commissioner Rinehart, seconded by Commissioner Meador, to approve the Patient Transfer Policy for the Montgomery County Mental Health Treatment  43. REQUEST APPROVED VACATION PAY- PRECINCT #4  Motion by Commissioner Rinehart, seconded by Commissioner Chance, to approve payment of 40 hours vacation time for Billy W. Kelly, position #615-3020-6, onp pay period ending 12.24.2010 to be paid on 12.31.2010. Motion carried.    14  EXECUTIVE SESSION (AGENDA ITEM2 27A)  THE COURT RECESSED FOR EXECUTIVE SESSION PURSUANT TO ONE OR MORE OF THE FOLLOWING PROVISIONS OF THE TEXAS GOVERNMENT A. Consider and discuss Karen McPeters VS. Montgomery County; Claim No. COURT RECONVENED WITH ALL MEMBERS PRESENT - NO ACTION TAKEN ON  CODE, TOWIT: CHAPTER 551, SUB-CHAPTERI D;  B-06-0006.  EXECUTIVE SESSION ITEMS  CITIZENS - AGENDA ITEM 29 (MOTION#14)  JUDGE MARY ANN TURNER, JUDGE DENNIS WATSON, MR. CHRIS ALLEN, AND OTHERS, ADDRESSED THE COURT CONCERNING AGENDA ITEM: 23D, THE REQUEST FOR APPROVAL OF A MASTER CONTRACT FORI LEGAL MR. WILLIAM PATTILLOWAS ALSO PRESENT TO ADDRESS THIS ITEM, BUT 44. PAYROLL CHANGE REQUEST FORMS APPROVED - HUMAN RESOURCES  REPRESENTATION FOR INDIGENT JUVENILES. CHOSE NOT TO ADDRESS THE COURT.  Motion by Commissioner Meador, seconded by Commissioner Chance, to approve Request of Animal Shelter to place Lori Hamilton, Clerk I, on payroll as replacement Request of Custodial Services to increase the salary of Bridgett Gannon, Custodian, due to probationary period being completed, effective 12.25.10. Request of Custodial Services to place Mel Harrison, Custodian, on unpaid Request of Custodial Services to increase the salary of Angela Rasmussen, Custodian I, due to probationary period being completed, effective 12.25.10. Request of Building Maintenance to discharge Larry Davis, Maintenance Tech III, effective 12.03.10. (53.98 hours or balance of vacation, 3.75 hours or balance of Request of County Court at Law #2 to retire Sandra Bourgeois, Court Reporter, effective 12.31.10. (201.89 hours or balance of vacation, 3.51 hours or balance of Request of County Court at Law: #21 to place Claudia Laird, Court at Law Judge, on payroll as elected replacement for. Jerry Winfree, effective 01.01.11. Request of Commissioner Pct. 3t to increase the salary of Robert D. Briscoe, Traffic Operations Technician, due to probationary period being completed, effective Request of Commissioner Pct. 31 to increase the salary of James A. Luna, Jr., Coordinator - Facilities, due to promotion, effective 12.13.10.  the following Payroll Change Request forms: for Aretta Lawson, effective 12.13.10.  FMLA/Disability Leave effective 11.29.10.  compensatory time) sick leave)  11.29.10.    15  Request of Constable Pct. 21 to accept the resignation of Brian Davis, M.A.P.S. Request of Constable Pct. 21 to place Jason. A. Grindstaff, Deputy - Constable, on Request of County Attorney to correct the hourly pay rate of Julie Stewart, Assistant Request of County Auditor to place T.H. Marshall, Accounts Payable Supervisor, on Request of County Clerk to place Carol Morgan, Clerk II, on payroll due to return Request of Engineering to place Richard Sun-Gok' Wong, Traffic Operations Manager, on unpaid leave of absence from 01.04.11 to 01.07.11, effective 01.04.11. Request of Treasurer to accept the retirement of Wanda Jean Griffith, Coordinator - Payroll, effective 01.31.11. (185.23 hours or balance of vacation, 123.49 hours or Request of District Clerk to place Ryan Daniel, Part Time Clerk, on payroll as Request of Justice of the Peace, Pct. 3t to accept the resignation of Pandora P. Gordon, Court Clerk II, effective 12.31.10. (6.43 hours or balance of vacation, 2.31 Request of Library to place Eileen Mary Lee, Reference Librarian, on unpaid Request of Library to place Martin Swenson, Reference Librarian - Cataloging, on Request of Sheriff to place Moamen Abdelbaky, Officer - Civilian Detention, on Request of Sheriff to change anniversary date of Oliver Coward, Deputy - District Request of Sheriff to accept the resignation of Armando Gonzalez, Deputy-Patrol District #4, effective 12.01.10. (109.44 hours or balance of vacation, 130.50 hours or balance of compensatory time, 16.25 hours or balance of holiday time) Request of Sheriff to correct the step increase date of Damon Hall, Lieutenant - Crime Lab, to 10.16.10 instead of 11.16.10 which was approved in Commissioners' Request of Sheriff to place Carlos Huante, Deputy - Woodlands Township, on Request of Sheriff to correct the step increase date for Clifford Martin, Corporal - Request of Sheriff to accept the retirement of. Johnny Moya, Sergeant - Patrol District #1, effective 12.31.10. (261.61 hours or balance of vacation, 457.75 hours or balance of compensatory time, 18.00 hours or balance of holiday time)  Truck Deputy, effective 12.10.10.  payroll as replacement for Brian Davis, effective 12.11.10.  County Attorney I, effective 11.17.10.  payroll as replacement for Ronada St. Marie, effective 01.03.11.  from FMLA/Disability Leave effective 12.06.10.  balance of compensatory time)  replacement for Paige. Jackson, effective 12.13.10. hours or balance of compensatory time). FMLA/Disability leave effective 11.23.10.  payroll as replacement for Audrey Ortego, effective 01.03.11. payroll as replacement for Kevin Frantz, effective 12.11.10. #5 Walden Patrol, to 09.04.92, effective 12.19.10.  Court on 11.22.10.  Extended Military Leave, effective 11.30.10.  Detention, to 12.25.10 instead of 01.08.11, effective 12.25.10.    16  Request of Sheriff to accept the resignation of Robert Reyna, Officer - Civilian Detention, effective 12.17.10. (23.25 hours or balance of compensatory time, 24.00 Request of Tax Office to accept the resignation of Stephanie Collins, Chief Deputy, Request of Tax Office to increase the salary of Jessica Ellis, Deputy Specialist Il, due to promotion, and as replacement for Kimberly Daoudi, effective 12.18.10. Request of Tax Office to increase the salary of Robin Ingle, Collections Tax Manager, due to promotion and replacement of Misty Stansel, effective 01.01.11. Request of Tax Office to increase the salary of Angela Lemaire, Branch Manager - Tax Assessor, due to promotion and replacement of Robin Ingle, effective 01.01.11. Request of Tax Office to place Barbara E. Loeher, Deputy Specialist I, on payroll as Request of Tax Office to increase the salary of Tammy McRae, Chief Deputy - Tax, due to promotion and as replacement for Stephanie Collins, effective 01.01.11. Request of Tax Office to place Ruth PJ Sellers, Deputy Specialist I, on payroll as Request of Tax Office to increase the salary of Misty Stansel, Chief Deputy - VTR, due to promotion and as replacement for Tammy McRae, effective 01.01.11. Request of Tax Office to accept the resignation of Claudia Laird, Chief Prosecutor, Request of District Attorney to increase the salary of Guadalupe Carrillo, Legal Assistant I, due to promotion and as replacement for Tempe Anne Ross, effective Request of District Attorney to increase the salary of William Brent Haynes, Attorney II, due to promotion and as replacement for Kristi Nicole Czajkoski, effective Request of District Attorney to increase the salary of Tempe Anne Ross, Legal Assistant III, due to promotion and as replacement for Patricia C. Freeman, effective Request of District Attorney to change the effective date on the PCR, approved in Commissioners' Court on 12.06.10, for the the resignation of Michael Corey Young, Request of Tax Office to increase the salary of Nicole Czajkoski, Chief Prosecutor, due to promotion and as replacement for Claudia Laird, effective 01.01.11. Request of ICEQ-HGAC-Recycle to increase the salary of John Bowen, Recycle Technician - Operator1 1, due to probationary period being completed, effective Request of County Court at Law #2 to transfer Patricia Freeman, Court Coordinator Request of County Court at Law #2 to transfer Paula Mooneyhnam, Court Reporter,  hours or balance of holiday time)  effective 12.31.10. (65.82 hours or balance of vacation)  replacement for Carol Carter, effective 12.20.10.  replacement for. Jessica Ellis, effective 12.27.10.  effective 12.31.10. (29.08 hours or balance of vacation)  01.01.11. 01.01.11. 01.01.11.  Attorney II, to 12.31.10. (74.06 hours or balance of vacation)  12.21.10.  Il, as replacement for Amber Park, effective 01.01.11. as replacement for Sandra Bourgeois, effective 01.01.11.    17  Request of County Court at Law #2 to change the status of Amber Park, Assistant Court Coordinator, as replacement for Amber Park, effective 12.31.10. Request of County Attorney to change the position of Sharon Rustam, Assistant County Attorney - Attorney II, from part time to fullt time, effective 12.06.10. Request of Engineering to place Richard Sun-Gok' Wong, Traffic Engineering Manager, on payroll due to return from leave of absence, effective 01.10.11. Request of County Judge toi increase the salary of Ann A. Carr, Chief of Staff, due Request of County Judge toi increase the salary of Patricia C. Werner, Administrative Assistant I, due to job re-evaluation, effective 12.25.10.  toj job re-evaluation, effective 12.25.10.  Motion carried. 45. COURT ADJOURNED  Motion by Commissioner Doyal, seconded by Commissioner Meador, to adjourn The above and foregoing Minutes were read and approved by the Court.  this Session of Court. Motion carried.  ATTEST:  Mark Turnbull, County Clerk Ex-Officio Clerk Commissioners' Court Montgomery County, Texas  BY:  COUNTY CLERK  COUNTYJUDGE