Okay, let's bring the court to our police. Let's stand for the opening prayer in the pleasant allegiance. Mary? Yes, sir. We're getting one of those. Thank you. Our time that our father we come to this morning, and we just thank you for this time together. And to lift up our elected officials here and father the decisions for their community. But most of all, father, we lived up our country to you. And we just asked for the leadership and the guidance there to get better decisions that's what's being made so far. Father, as we lived up our men and women that are in harm's way right now, we just asked that you would be with, not only with them, but with their families and bring them home safe and sound. The Father, thank you that we live in a free country and then we're allowed to stand and pledge and pray and father we just continue to ask you will and your way over it and we ask all of you in your name. Amen. Amen. to the flag of the United States of America, and to the Republic for the same one nation, one God, and to the individual with everything and justice for all. On our next slide, I pledge allegiance to the Tatees of one state, one God, One and individual. For the record all members of the court or presidents, we are most known to agenda police. Move. All up every see out. All right. All right. The commission's I have no changes on consent. Move. Second. All of the favor say out. All right. A day, consider it approved the reappointment of Charles R. Sims MD as alternate local health authority from Montgomery County to the term of two years. Move? Say it. I'll favor say aye. Aye. I'm a favor to say. A.B. Consider discussed naming a funding source for the Montgomery County portion of the county wide mobility study to be conducted by HGAC. That's the 100,000 that we approved last court session, I would say it should come from the sale of the Joe Crowley Center. Move. Second. All the favor, see ya. Council prison five. Morning, Judge, commissioners. Good morning. We're looking at right now as a generator for our livestock location. We'd like to court to consider and ratify Texas 1033 supplement property program. Application letter from Montgomery County, Council precinct five. This will allow us to get some surplus military equipment. What we're looking at right now is a generator for our livestock location putting together. All favorite favors yeah. Motion passes. Our Marshal. Morning, judges, twisters. Good morning. It's morning. we'd like for you to review and approve the proposed fee schedule for FireCode Permanence in Montgomery County. Our current fee schedule has basically remained unchanged since FireCodes were enacted in 2008. We're asking for it to make changes on that to keep us more in line with what our surestictions around us are doing and to allow us to keep up with the workload in the office. There is this same schedule we discussed. It is, yes sir. And can you give an example to the court of furlough? I think you said anadarko, kind of what they were charged versus what they would be charged. That's correct. Currently anadarko, as you all know, is completed in a 30 story. Under the current fee schedule. They paid Montgomery County approximately 13,000 in fees under the proposed schedule that would have increased to about 72,000. And again, that'd be in line with what Harris County is doing for Ben County, et cetera. Perfect. I move. Second. All the favor, see ya. Hi. Thank you. That's the burn man. Burn man. All the favor, see ya. Burn man. What the fur that one. So what I can tell you, judges, that this morning we're at just under 500 on our average throughout the county. We're at 650 in a couple of places, primarily along the western edge of the county. We're at 6.50 in a couple of places, primarily along the western edge of the county. I know the south end, which we had a lot of concern, got a lot of rain. The driest areas are still probably out there, right along where we had the big fire in magnolia, so there's some areas of concern. We have a couple of options. We can do away with the burn band entirely. We can suspend enforcement for a few days to see. We're forecast to have hot and dry weather this week, possibly for more rain this weekend. It's pretty much the pleasure of the court. I'll be glad to do whatever we need to do. I think that at this point, if we weren't in a burn ban, I would not recommend one at this point, but since we're in one, I want to be careful about pulling it and be right back in a position of putting it back in within two weeks. So, you know, I don't want to do that if possible. Maybe the best method would be just to suspend it for a few days. If someone does have some brush, the day of the accumulated, they can get rid of it during that time while it's still somewhat wet. If we suspended, would you have the authority to reenact it without court action? Basically what we've done in the past is suspended enforcement of it. The court order is still in place for 90 days. So I don't believe that we'd have to come back in. We do have some language in the court order that says that we can enforce the burn ban or the county file marshal or commissioners court can release the burn ban. So I defer to the county attorney whether we could basically we'd be suspending enforcement of it but not uh... doing away with the ban order entirely i don't normally see an issue we've done that the past so the couple you could use your discretion to not enforce it for a period of time without formal action you know uh... fake and you'll do that is that we get another this week all week is all hot and right're going to be right back where we store. I think so and and that's what we've done in the past and I think that the court's been pretty flexible and we're unique in I'm not in counties where the one that does have the garbage burning band. So garbage burning is still not going to be legal. That's the biggest problem that we have year round. So we're really talking about accumulations of brush and stuff like that and not even commercial. The commercial land clearing operations, they're not affected by the outdoor burn band. They can still do their pit burns and their development. So I think that we can certainly do that. We've done it in the past and it's worked. So I can go ahead and announce that today. We can get a suspension on it and through the weekend we'll see what our rain looks like. Can we do that, Daniel, if it's not on the agenda? The court can't take action, but the order does have some flexibility in it allowing a fire marshal to make some decisions related to enforcement. That's really what I'm looking at as your advice. I don't think we don't have an action item, but y'all defer to the fire marshal, so I think that with that I can announce that enforcement has been suspended this week and that will take care of the issue. Just do that. Okay, we'll do that. Great. Thank you. Good morning, gentlemen. I'm asking you to help us correct an oversight. Administrative leave this form was submitted on time. It got attached to another document and was filed was discovered when the individual asked about the payment and we went back and looked through the files. It was signed appropriately but just didn't get forwarded so I'd ask you to process it even though the 30 days have passed. I move. Second. Oh, perversea. No. Thank you. Mel Healthroom of Cilty. Consider an accept performance indicator report for the month ended June 30, 2013. I move. I'll be right there. I'm considering except minutes of June 18th. Advisory Board meeting. I move. I'm on paper. I'm concerned approved revisions to 11 policies and the management plan recommended by the advisory board move second all perverse Concerned approved emergency operation plans to 2013 2014 as recommended by the advisory board move All the perverse So move. Thank you. All of the members say, uh, uh, passes. Purchasing. Okay, we have some, let's resist the court and convened a public hearing. Consider the partial replat of Point of Query Section 1 to be known as Jim Gentry Replat. Is there anyone here to discuss that? Good morning. Good morning. Good morning. The owner of LOTS 45, 46 and 47 in Point Aquarius has requested that the court approve the combination of those three lots into two lots. And the POA has approved the proposed three plots. So, that's well. We got a regrouping. Yeah, we have to re-create the report. Part number two. Part number two. Part number two. Part number two. Part number two. Part number two. Part number two. Part number two. Part number two. Part number two. Part number two. Part number two. Part number two. Part number two. Part number two. Part number two. Part number two. Part number two. Part number two. Part is requesting that the court approve the subdivision of that law into five residential lots and the POA has no objection to that reply. What precinct is that? Four. Have we ever got all that settled with Mark? Who's that guy in Peace Creek? Mr. Aiken? Yeah. Yeah, that's all the six here. That guy in Peace Creek. Um, Mr. Aiken? Yeah. Yeah, that's all the six terrible things. Okay, well we've never have accepted those roads or anything in there. We've never brought them up. Yeah. How long will we gonna let him run with that? Well, maybe you and I need to talk every floor to the floor by now. Yeah. So I wrote it to the day in peace. No work load. Okay. Okay. Appreciate three. Consider an approved establishing in no parking anytime zone on both sides of Ray Pine Drive and Rayford Forest Lane from Northbound I-45 Service Road east to Oakhurst Drive for request on file. This was a request brought to us by law enforcement and we run it through engineering. They don't have a problem with it. We believe it will make that area safer for both vehicular and pedestrian traffic. Anyone here to discuss? Okay. Thank you. Okay. Let us adjourn the public hearings hearings and reconvene commissioners courts. I Move on 14 a bnc second I'll never see I have Commissioners precinct three. I'm gonna defer item a1 item a1 4 Consider the fruit of proposed budget by bucket Consulter LLC for landscape architect service for the East Montgomery County courthouse and the amount of 28,000 2850 Funded through this project through infrastructure. I move second All favors say Most of passes Okay, under course under Article 551.071 and point 07.04 less recess this court for executive session friend court to order, please. Mrs. Weenemotion to sell for $20,000. The matter of the county versus the county crossing at all, move. Second. All there. So yeah. Next we need a motion to approve Todd Montfusco as the Civil Service Commission to replace Charles Lowry's unexpired term. Move. Second. All the papers say out. Civil Service Commission to replace Charles Lowry's uninspired term. Move. Second. All favor say out. All right, do we have any citizens who would like to address commission's court today? Yes, sir. You state your name for the record, please. Certainly. Good morning. My name is Robert Blackburn. I reside at 153637 Marina Drive. I'm here at the invitation of Mr. Meter. And my purpose in this is to call to the attention something that I know is already in the attention of this commission and that is the noise level in Montgomery County. I have the unfortunate position of living next door to a place called the Back porch and the band of music sometimes reaches up to 92 decibels. I've even bought a decibel meter. This is not a new problem. And before I decided to come down to this court, I naturally made a few notes to organize my thoughts. And I thought I'd do a little research. So I went online to Montgomery County noise ordinance or something such and I come to get quite an education going back to 2008. This is not a new problem in Montgomery County by any stretch and I'm sure that each one of you gentlemen are fully apprised of it. If you're not, I'm shocked at any rate. I'll try to surprise you of it today. The Sheriff's Department in answering my calls, I've been nothing but tremendous. They will come to, they will respond within a 15 minute time. They have one problem. They really don't own enough decibel meters, but sometimes they have one, sometimes they don't. Their problem is the way apparently, and I have to try to decipher this from various deputies, their problem is to actually write a citation as an extremely difficult legal procedure. Yes sir. Because number one, and this is according to a deputy, the owner of the establishment has to be warned that there is a complaint on the part and we will be checking you with a decibel meter. Well guess what? He turns down the amplifier. Okay and I've had the sheriff on my back porch also which is next to the back porch on the lake. And that lets that sound really travel. Unfortunately, my condominium is a small condominium. There's only 12 units. But I'm the first one next to the back porch. And the wheel that squeaks the loudest gets the grease, and I get the grease. So at any rate, that is my basic problem. I would be happy to answer any questions that any of you gentlemen have regarding this issue. But what it comes down to is that 85 decibels, number one is too loud, number two, the law applies to the entire county. It doesn't matter if it's a horse field someplace out with acreage or in a residential area. And that makes absolutely no sense whatsoever. Now the city of Conroe has a 50 decibel limit. The city of Montgomery has a 50 decibel limit. The county of Montgomery ignores the problem. And I mean that sincerely. I think they just ignore it. Maybe I'm wrong, but I don't see any evidence that they have any concern about it. At any rate, that's my story. I don't let me check my notes. I don't think there's anything further that is pertinent. Oh, the annexation of my area to Conroe, I have checked this with the Conroe Attorney's Office is going to take place and I'm included in it as well as the back porch and the 50 decibel limit will apply and they will enforce it. That's the good news. The bad for me the bad news is that that doesn't take place until December of 2014 approximately a year and a half from now. That's my one option is to wait a year and a half. My other option is to sell a home that I dearly love because I cannot sleep or rest when this is going on. This is what happened. We went through an issue out there several years back about parking, if not so. And we were able to resolve that issue. Yes you were. I told you on the phone the other day there would be law enforcement people here but the sheriff understand is that a conference and his chief deputy so I will get with them when they get back and see if some Mr. Meter with all due respect I don't think it's a law enforcement issue I think they need a law to enforce. Well, and that takes legislative action that's not something that we can do. But well, who does it? Our legislators in Austin. That that's what determines what we're able to enforce. In other words, this commission has no authority to work with this. We don't have as much authority as your POA. Not for those time. Daniels, we have Illinois's abatement authority. We don't and this has been an issue for a number of years and the county doesn't have authority to enact a similar type of noise ordinance like the municipalities have. And so that's the problem is we don't have the tools that we need for the county commissioners court to adopt some sort of ordinance that would allow for enforcement like that. Did I hear you say that the county commissioners court needs to address the issue? No, I said there's no authority for the commissioners court to adopt an ordinance. How did they get the authority? The legislature in Austin would have to expressly give them that authority by statute. So this is truly a legislative problem with Austin? Yes. I mean, there's nothing that exists that would allow the county to enact an noise ordinance like you're referring to that Conroe has or the City of Montgomery has. And counties can only, they only have the powers that are expressly stated in statute. And so without that being contained in any statute, the county has no authority to adopt the type of ordinance. It almost sounds like it's a problem that's unsolvable as far as I'm concerned. We've worked on it for a number of years trying to take different approaches to different noise issues in the county, but we don't have that sort of silver bullet we need to address ahead on. You know, an individual, and I spoke to a lawyer about this, can take individual action by filing suit for, well, I forget what he called, but it's disturbance of your home and so on and so forth. But that's a very, very iffy lawsuit. It's very expensive. And I don't think it's a route to travel. I think you've answered my question, I guess, that it's a state problem and not a county problem, or at least we've got to get through the state in order for the county to solve the problem. Is that correct? I would agree with that. Montgomery County is unique that we have a large population in unincorporated parts of the county. And so, you know, this wouldn't, this wouldn't typically be a problem in other counties where the unincorporated portions of the county are rural. And so that's, it's sort of a unique issue for our county. Well, would you agree to Mr. Meters point that the sheriff's department is equally helpless? Well, they can only enforce what law is there? Exactly. The force. So, you know okay thank you and i could just add on the gentleman that comes or not i don't know me i'm jd lambda i'm the county attorney and your job is right on point at this commissioner matter and we've seen this continues that it all was about six months and it looks to the surprise of many citizens the powers that a county has are so restricted compared to the powers of the city or other municipalities have. This came up recently, but we got a request because of the regulation of tax accounts, like out in Woodlands. There are apparently people operating tax accounts. I have triple histories, restrious tax offenders, and city of Pondrow can regulate it, and do regulate Peksycabs. County has no authority at all in the unaccorrelated areas. And so it's, there's a lot of areas similar to when you're describing it. And he's a really kind of that legislative action. David Miller, he's starting for the test mark. What do y'all do, Rady? Well, he did say it was over 90 decibels, so they technically they could have given the owner of that establishment citation making it to the 70-digit score. They could maybe do it to steep resolution when they got an import. The y'all, the y'all right tickets for this? D'you all have a decibel meter? You have a nine shift units. There's probably not enough to go around. Is this going to help? Because there are a few with various parts. Y'all got one? Rusty. D'you all have decibel meters? Okay. Brother, you got one? We have one. we'll see if we can get you some help. Based on what we can do, we are limited, like we talked about, but we'll see if we can't get you some help. Well, regarding if the gentleman's point about when the reach is 92 decibels, couldn't you write that, that is a very, very, iffy proposition has to where they take the reading, as to what time is taken. And when you put a decibel meter on a band, you're going to get wide variations, depending upon whether the brass or the base or certain parts of the band are, you know. Honestly. And it's pretty tough for a sheriff to hit just exactly the right time and no pun intended. The right note to hit this decimal limit. So it isn't a problem, but at least that thank you for your legal advice that it's a problem for the county. I don't know. I think I'm back to where I am. I either put up with it for a year and a half or I sell the house and move. We'll see if we can get you some help. All right. Thank you very much for your time. Thank you, sir. You've got the power off. Well, you know, I've got one possible solution. I have a Bose radio, and I've been thinking about putting it on the front porch and putting a polka on it, and just simply overpowering the band. Oh, it's a man. But you know, knowing the fine tell shall we say of this particular place, I don't really want him getting mad at me. I know. So frankly, they scare me. Thank you, Mr. Blackman. Daniel, that's a similar problem we have with barking dogs. And there's nothing we can do with that, either. There's no doubt. There's no general authority for us to just to enact a noise ordinance. Like we've got other types of ordinance. We can't complain all the time with the neighbors got a dog's barking just constantly. And that's what we do there. I don't think so unless I mean a field grant maybe able to help with if there's some sort of criminal statute when what it reaches a certain level. But from a civil standpoint, there's nothing out there. Okay. Okay. Thank you. Okay. Do we give you a citizens who would like to address commission's courts today? All righty anything else before we adjourn? Human resources. Doudy. Thank you. Please consider and approve the payroll change request forms. Move. Second. All in favor say aye. Aye. Second all in favor say I'm a we sir our commissioners the Plort needs a few minutes to change the tape. Let's take a five ten minute break. I'm a we germ second all in favor say I My head is good