Okay, let's bring the court to our to please. Let's stand for the opening prayer and the place of allegiance. In the water. It's a prayer for the state of Matthew. We're very glad to hear that. We're very glad to hear that. We're very glad to hear that. We're very glad to hear that. We're very glad to hear that. We're very glad to hear that. We're very glad to hear that. We're very glad to hear that. We're lessons you can still call us as community and as individuals. The great father that you forgive us when you fail to you and I pray that you believe with this honor before it. So they make decisions this morning affecting the government and pray that their decisions will be of course a peer with. I also ask father that you be with our men and women serving overseas or our armed forces and serving wherever they may serve. As soon as you protect them, guide them, give them success in their endeavors, and pray that you return the most sacred to the fence. Ask all of these things and the precious things that Jesus Christ will have ordered my Savior to come in. Amen. I pledge allegiance to the flag of the United States of America and to the Republic for where we stands, one nation, under God, indivisible, with liberty and justice for all. I'll just protect that flag. I pledge allegiance to the tech agencies, one state, under God, one indivisible. Alrighty, wishes we need for the record of members of the court are present with the exception of Commissioner Meader. We need to motion on the agenda please. Move. Is that like on the paper? Yeah. We have one resolution this morning. I rely for the extension. Good morning. I'm Michelle Maholic on the county extension agent for the 4-H program here at Montgomery County and Caroline Cruz is our urban youth development agent and we're here today to deliver your copy of keys to the courthouse. They curriculum enrichment program on county government does not have a development agent and we're here today to deliver your copy of keys to the courthouse. The curriculum enrichment program on county government designed for 7th to 12th grade students in Texas and this curriculum is the result of a collaborative between Texas AgriLife Extension, Texas Association of Counties and the County Judges and Commissioners Association of Texas. Educating our youth about the role of county government, the role of county government plays in the daily lives of Texans, prepares them to become knowledgeable constituents, whether voting, obtaining a marriage license, or registering a motor vehicle. Texas Interface with county Government throughout their lives. This curriculum teaches young people about County Government while providing them with basic tools of good citizenship. Peace to the courthouses being made available to schools and educators across the state through your local county extension agent. We invite you to join us in promoting this curriculum to educators in your schools. In addition, as elected officials, you may wish to refer to these materials as you speak to civic organizations, to the Syngros, and to local schools. And we hope you find this curriculum helpful and encourage it and use in your local schools. And finally, we find this curriculum helpful and encourage it and use in your local schools. And finally we'd like to express our appreciation and thank you for your ongoing support as educational efforts in our county. In this curriculum, like Michelle said, for seven 12 great students, the five main chapters go over the framework and function of county governments, primary services offered by our county government, the framework and function of county government, primary services offered by our county government, the justice process at the county level, elections and voting, and financing county government. In each chapter it's divided into junior high and high school activities and in the back of the chapter there's different activities that relate to both of those different age groups. Everything in these activities are all correlated to the teeth and to state mandated testing. So we hope that you find this helpful and if there's anything we can do to help with this or if you have any ideas, please let us know. We've heard from other counties that the map was really interesting and several one more copies of the Eastwood copies of that let us know. And there's a DVD in the back of the book that has handouts and other things if you don't want to carry the paper copy with you. It also several other counties of ask commissioners have asked to use it so that they can take it with, and use it with their organizations and places that they speak so that it would help y'all present this to adults as well. And we discovered at one of our programs recently that not as many adults know what it is as shit either. So we hope this is a good resource for you and hope that you find a lot of use out of it. Did you keep me going to copy this? Maybe two or three copies? Yeah, two short cans. One short can. Thank you. Good job. Thank you. Thank you. Alrighty. Yeah. The county clerk will need to prove the minutes for August 23rd and August 30th. Move. I'm going to go to the court. I'm going to go to the court. I'm going to go to the court. I'm going to go to the court. I'm going to go to the court. I'm going to go to the court. I'm going to go to the court. I'm going to go to the court. I'm going to go to the court. I'm going to go to the court. I'm going to go to the court. I'm going to move on to the Senate. Commissioners. All of every see how I look. Good morning, Judge. Good morning. Good morning, Judge. Commissioners. I'm here this morning on the grant that we applied for and received from the Task Force on Indigenous Assistance asking you to consider and accept the fiscal year 2011 discretionary grant award from the Texas Task Force on Indigent Defense in the amount of $547,400 to conduct the Manage of Science Council Program. This application was approved by Commissioner's Court on July 12, 2010 under the title of Regional Mental Health Court. I will bring to your attention commissioners the grant that we received does require a cash match. We have spoken with Brian Wilson of the Task Force. That cash match can be made by the use of building maintenance salaries in the proposed remodel that we're going to do. So I believe that'll satisfy our cash match for the program this year. And so we're asking you to accept that grant. What was the regional amount of the grant we've left for? Well, originally it was much, much less. And as you recall, we came back in July and revised it to the 547,000. In our cost match over the five-year peers equal to say to me in 360. It's a declining grant I believe. We'll have about a million 360 in at the end of the five years. I understand it correctly. I have not run that number commissioner so I'll take your word for it. We're first year 136,000 seconds 273 100 10,000 in 547 for total million three. All right. Assuming the grant for any of the year, we have to reapply every year. We will we will continue to evaluate and get the grant money every year. What's your anticipation if it's not approved? Well, of course, the program does not exist now, so if the grant does not continue to be funded, then the program will have to cease, or at least in the method that we've anticipated. But I believe that the reporting and the results will be such that that won't be a concern. I will tell you this, I went to Austin when the grant was awarded. The task force and all members are greatly interested in the results of our grant. This is a program that is a trailblazer in the state of Texas. We are going to be the first ones doing this. We are definitely getting a lot of attention and because it's expected to be a model for use in the future. The full value of our match can be made with those end time services for the entirety of the grant. That's correct. What was it, Greg? For the first year. Our match for that grant can be made in end time services through the first year. For the first year. Not for the first year. Not for the entire. Total cash outlay is made in $368,000 on top of the state will have a million three six. How much will be required next year on the declining balance? Well, it's a declining balance. I don't know. Do you have that number if I'm not sure? The county's portion next year would be about double what it is this year. So it would be about 273 to 74 We and we anticipate of course to a large extent that the cost to the county will be offset by savings By reduced jail time, reduced law enforcement involvement with this particular class of defendants as well as a streamlined and more efficient method of providing their defense. So there will be offsets to the cost that the county currently absorbs and currently has with regard to this particular class of Indigenous descendants. So those savings will offset the cash this. What do you think those savings are? Well, we're going, of course, part of the grant requires us to have the study done of the effectiveness of the program. And so we'll know that without a doubt what it is. So we don't know that number now. Well, we haven't know until it's up. But that is a part of the grant to have it evaluated in those effectiveness of it. If our savings aren't recognized or the results don't prove out, are we still locked into that grant from now on? Or to knock out the next year's location? The grant will come every year, yes. Yes. But that's the purpose, of course, of having the analysis as a part of the grant. Because we do want the program to be cost-effective. Absolutely. That's the prevent the recidivism and make the program cost effective. We are devoting an extraordinary amount of resources to this particular class of Defenda. And the idea is that there's got to be a more efficient, more effective way to do it. And the purpose of the grant, of course, is we have to come up with a plan to do that. And that's the purpose of the grant, of course, is we have to come up with a plan to do that, and that's the purpose of the grant. We will study our plan to do that because we are already absorbing an extraordinary amount of cost just for this particular class of indigent consumers. And we are trying to address that and control those costs. Chief, have you and the DA looked at this to see how much savings it will give us through the jail? Then we don't have a clue then. Well, no sir, we don't have a clue until we get the program up and running and the person's identified and into the program. That's what we will track once it We identified anything to the Sheriff Department of DAs that this way the savings are going to be created. We've identified approximately 600 is that the number of defendants that approximately 600 defendants will be impacted by this. And so the reduction in jail time and their continued involvement in the justice system, that's what will offset the cost of counties. County's going to be expending money for these defendants in any of that. What we're trying to do is to reduce what the county is having to expand for these people to it. We're going to have to expand a certain amount of funds of course but those should be offset by the savings and that's the purpose of the study that is part of the grant to provide those hard numbers for us. We certainly anticipate or we wouldn't have applied for it. We anticipate seeing those savings for the county. You know, I could vote for this year, Judge. I know you've done a lot of work on this, but we really need to watch it. Try again, clearly, because we cannot afford this. This grant runs out. We're only saving 30,000 a year. We got a problem. Absolutely, Judge. And we totally agree with you. And that's the point I'm trying to make is, we're allowed to arrest the state because the rest of the state's dealing with problem just like Montgomery County is. And hopefully this is a method that your counties will be able to use to address these growing costs because we all have them. But then you say, well, go that even if we don't prove to bear out what you're hoping to do, we're still locked into accepting that grant. No, we're not. No, we can't. We can't apply every year. We can apply every year. That was my question, well, go. I'll find a way to accept it. The first year, are we forced into a five year. No, we have to re up for it every. Commissioner, which else is your motion on this? If we can take care of the cost out of end time services this first year and see how it goes, I would make a motion for the end time service is going to sit or use in county employees. And I assume county owned materials is the ball for this building. It has to be replaced, you know be replaced. They'll have to we have to actually check written and so that's all about the payroll anticipated. We expect that the the cash match to be satisfied primarily by the use of building maintenance and employees, labor. OK, I will second that motion that we will apply the first year and track the grant. All favor, see how? Hi. Post. I'm voting. Mr. Reinhardt. I vote for it for one year, but I really hate to do it. But I'll look at it one year, but somebody going to have to prove to me through the sheriff and the DA that we're going to have to save some money. OK, motion passes. I hope we don't lock it in. Thank you. Motion passes. Three to one. OK, thank you. Kenny Court, law number four? Good morning. Good morning commissioners. I am here today as Chair of the juvenile board and we are asking for the commissioners to approve the purchasing department to post a request for proposals for a private contract defender for indigent juvenile defense. And I think you have been provided with a template of a request for proposals that we are asking that you approve the purchasing department to send out. So by way of background, we have the Board of Judges, or actually in this particular case, who would be the juvenile board has appointed an advisory committee, which consists of myself, Judge Stewart, who is the sitting juvenile judge, Judge Watson and Judge Edwards, to come up with a steady of alternative methods for our juvenile engineering defense appointment. The local rules provide for methods of appointment. And I will give you a little bit of history. I don't know that this has ever come before the commissioners yet. Currently the local rules provide for appointment of a defendant for an indigent juvenile through an appointment system where the attorneys qualify and they must meet the criteria that the local rules have. The law provides the Texas Code of Criminal Procedure, Texas Administrative Code, the Family Code provides for an alternative method where a private attorney or attorneys can act as an independent contractor compensated with public funds. They contract with the county to provide legal representation and services to indigent defendants for a period not to exceed one year. And our rules are currently being amended to allow for this alternative method of methods of appointment. So under our current method, and I think the commissioners have seen, and we have seen, our indigent defense costs so we are studying this rise and believe that there's alternatives to our current system that might help with this cost. Several of the judges have been approached by attorneys indicating that they can provide adequate and quality legal representation for juvenile indigent defense at a rate less than the current cost. And the law, as I stated earlier, provides for the juvenile board or the board of judges whatever may be applicable to work with commissioners court for this alternative method. And the board of judges, and basically the advisory committee, we have a set of the criteria and qualifications necessary to accomplish this. That is presented in that template request for proposal that we are seeking your approval to send out. And what that would do is that once the purchasing department sends out this request for proposals. We will receive bids. The advisory committee will review the applications, interview the candidates. Then we will make a recommendation to the juvenile board. The juvenile board will vote on a selection and this has already been passed by the juvenile board, by the way. And then once that selection is made, then we present that selection to the commissioners court to contract with the way. And then once that selection is made, then we present that selection to the commissioners court to contract with the county. The rules provide for a one-year term to run with the county fiscal year. We were not able to implement that timely for the 2011 fiscal year, but our plan is to operate under a timetable to begin January 1, 2011 for a nine-month period. And that request for proposal that you have sets out a procedure for renewal of the contract or for a ward of a new contract to run with fiscal year 2011. The funds for this contract will come out of the current county budget for juvenile indigent defense. In fact, one of the criteria on the request for proposal also asks for the contract attorney or a member of the contract law firm to demonstrate in pledge willingness and ability to work with the task force for indigent defense, the Bureau of Justice in all state and federal organizations to obtain grant money to reimburse the county for all or a portion of this juvenile indigent defense. So even though the money will become out of the current county budget, we are trying to seek grants. Don't know if they're out there, but to reimburse the county for what we're already paying. The goal here would either to reduce this slice of juvenile defense, the juvenile slice of indigent defense, or at least to contain it. There will be some budget predictability because we'll have a set price that can contain the cost and give the county confidence that there will not be a financial spike in juvenile court appointed fees for that year. We anticipate that there would be decrease in administrative costs because there's not going to have to be any decisions made by the by judges regarding attorney qualifications. The Office of Indigent Defense will save time in contacting attorneys. You have been appointed. And serving as juvenile judge for two and a half years, we have problems with attorneys either not being notified or missing court appearances. So you have the Office of Indigent Defense doing a lot of, hey, take care of your business here. So we won't have any of that. It'll save auditors time because it won't be necessary to audit individual vouchers to send out hundreds of checks to the lawyers that are on the wheel, and then compiling that data. Also, we anticipate there would be reduced cost in that it is my belief that there will be a reduced detention population currently it costs $109 a day to house or to detain a juvenile. Juveniles with attorneys at their initial hearing spend significantly less time in detention that those that do not have representation. With those attorneys at the initial hearing or shortly thereafter it is my thought that you'll reduce the amount of time the juvenile spend and detention saving the county a substantial amount of money. Do you have an estimate of what that savings would be? I can tell you that today in 2009, 240,000 was spent in juvenile, a quarter-pointed attorney fees. In 2008, it was 192. To date, at least the figures that I have, it's right at 200,000. The attorneys that have approached some of the judges have proposed savings of 20% 30% it just depends on what the bids come back as. So the idea would be when we sit as an advisory committee that we are going to be looking at applications of attorneys, contract, attorneys that we, we know how they take care of their business. We know what happens day in and day out by appointing individual attorneys to represent individual juvenile defenders. We will know their ability to get it done effectively, efficiently. I'm anticipating 20%. It's just a bid to cut the cost of what we're already seeing. To contain or to cut the cost. Yeah. I'll second. Here, the discussion. I'll have everything out. Okay. Well, very good. So we'll go ahead and have the purchasing department. I've already talked with Mark Bosman. So take care of it. And then we'll come back with the proposed persons so that we can go ahead and try to get this started in January 1. Thank you. Appreciate it. Sure. Good morning, Judge. Good morning. In 12A, we asked that you consider and approve the following transfer of budgeted salary and associated longevity certification and or other associated pay with the following position change this transfer does not Increase the approved salary structure. It's $3,500 in one position Move from the agenda number 13 at the hospitals request Number 13 at the constables request. And I'm looking forward to the morning. Okay, Commissioner Good morning. I send each of you a packet explaining the proposal we were approached by the Will and Stahl Park Club wishing to construct and create a rescue me dog park behind the animal shelters. This is just a formalized request of the courts to approve such construction and creation. Thank you, Commissioner Reinhardt. He sent Bill Smith out to represent the county in one of the initial meetings about doing the initial site preparation. All in favor see out. Thank you. Thank you. Move. Appreciate it. That's not free. Partial. Morning, Judge. Good morning. Morning. Good morning. Under item 15A, it's considered an approved moving the balance and excess of 75,000 from line item 503, 742.09 to our supplies and other for various ID projects. And B is similar moving the balance and excess of 25,000 from line item 503, 742, 9109 to the same account. In previous years, these are restricted accounts. Once the telephone restricted account, the other is the fiber restricted account. It's in 2010 that we split those out. In previous years, we've had significant projects with the funds available at the end of the year to do within the restricted account. This year, because of the way we split them out, to do that, we need to move them into the budget for various network server equipment and storage and for disaster recovery both at the SO and the EOC and just for capacity for storage and servers. I move second. All on purpose, yeah. Thank you Jim. Thank you, Jim. Mr. Stodin. Good morning. Please consider the line-in transfer of $12,000 to cover projected deficit in our fuel account and these funds are available. Move. Thank you. All purpose, yeah. Thank you. Elections. Morning, Judge, and Commissioner. Good morning. The first item is the change in polling location and voting precinct 39 from Honea Baptist Church to the Lundstore Elementary School. And that's right next door. I'm a third. All purpose, yeah. The second item is the proven additional revisions our elementary school and that's right next door. I'm going to vote. Well, there we go. The second item is approving additional revisions made by the parties and the election judges and alternate judges. There good. Well, there we go. Some questions? No. Harris County lost all of the voting equipment in the fire last month. And because it's not a high turnout presidential election, we have 153 units of voting equipment we have available that we will not be using. Harris County does have limited extra expense insurance coverage that they anticipate extending on storage space, replacing that storage space for the equipment that they're borrowing, for transportation and other expenses for the equipment that they're borrowing for transportation and other expenses for the equipment that they will be borrowing from across the country. The inter-level agreement that you have in front of you does make Harris County responsible for the equipment of any loss any damage to our equipment. From the time it leaves our warehouse until the time it's returned. That includes any battery usage that they use for power outages. They will be responsible for their own paper and seals on the equipment. My suggestion that we waive the rental fee for this equipment since they are pretty much dire need, and it will really not be any expense to us other than just a little bit of wear and tear. and it will really not be any expense stuff other than just a little bit of wear and tear. I'm gonna sec. All the papers here. Thank you. Thank you. District Attorney. You want to go in? Morning. Morning. We're asking you to consider approving ratify a text document that we've received. Basically, it's well aware prevention and prosecution of driving along toxicate and voting along toxicated offences is one of the cornerstones of Fred Lake's administration. We've extremely successful in implementing these programs. Hopefully we're going to have to finish shut our second summer on the lake with no out-caller jar of related tallies on the lake. We're seeing that number of traffic and tallies in the county drop significantly. We think our programs are working and that there's several families out there and still have loved ones and their families if they wouldn't have loved one. Had we not been as aggressive as we have been in need of you on crock execution. This grant allows us to take a kind of a step further and ratchet it up a little bit more. We have approximately 15 to 20 no refusal lines every year. We're going to ratchet that up about 56 under this grant. The funds for our no refusal programs have been paid largely out of the County's Context Agency fund for our intake program, which next year will be part of our budget. This will pay for some of that. It will also, we've been paying out of asset-proporture funds for the nurses and the bloodbathamists that come out and draw blood for those people that refuse to provide for abstinence. So this will pay for that as well. It's about $100,000 grant with a cash match or income match in the approximate $50,000. These are, this match is funds that we're already expending through our intake program, through the asset forks or funds that we were expending for the nurses. The time that the judges generally, generously, can volunteer to be out there to sign the search warrant when we get those, as well as salaries of prosecutors that are out there running this program and also warrant a prompt training that he provides all over the state and all over the nation. I think any time match for this grant, the yearly grant will be applied for it every year, but I think this court is aware that it's an important issue in Montgomery County. We're seeing a lot of live states. I think through the running of these aggressive programs and we hope to continue this year. Move. Thank you. Hello, Fairb's. Yeah. Motion passes. Motion passed. Thank you. Auditor. If you would consider and approve a request to transfer funds from my capital outlay line and my budget to supplies for the purchase of computers. Move. Second. All in favor, please. Second. My second request is that you consider and accept the results of an exit audit for the animal shelter whenever our director left there were no finding. Move. Second. All in the papers here. Yeah. And finally, if you would consider and approve a request from the 284th District Court to use funds from the Court Reporter Service Fund in the amount of $653.1. Move. Second. All in the papers here. Thank you. Purchasing. Good morning gentlemen. I'd like to defer items one to four six and seven nine to sixteen. I would like to take in one motion recommendations for the commission's court for item 5, 8 and 17. Move. Thank you. All the papers here. I'll be considered to approve change on a three and four P.O. 2, 0, 1, 0, 1, 6, 6, 6, so line development for the design build of a forensic mental health treatment facility for an increase of $259,000 through $12 in 32 cents in structure. Thank you. All purpose to you. I'm seeing considering through the development of a county disaster recovery plan provided by Beck disaster recovery ink through the interlocal ring with HGAC for a total amount of $9,659 to be funded out of the 2009 UASI grant emergency management. Thank you. All in favor say aye. Thank you very much. Carol. Do you have a question? I'll get her ID. Thank you. I'll get her ID. I'll get her ID. I'll get her ID. Thank you. I'll get her ID. I'll get her ID. I'll get her ID. I'll get her ID. I'll get her ID. I'll get her ID. I'll get her ID. I'll get her ID. I'll get her ID. I'll get her ID. I'll get her ID. I'll get her ID. I'll get her ID. I'll get her ID. I'll get her ID. I'll get her ID. I'll get her ID. I'm not over second and third, but the Toyota take the best classic of being. The event starts on October 1, the late Conroad, but quite a bit of it will take place. At the fairgrounds Commissioner Manner has agreed to provide the under the transportation code. That you get the 1.1. E.A. Thank you. All in favor, say, uh, yeah. Yeah. Pretty one B. We have two people here that have wanted to address the court before we voted on this. Bob Bolker. We're no one for it. Pardon? We were burnt to order. We were burnt to order. Sure. Go ahead, Brad. Uh, no, lovely. the This is a development that has received an allocation of tax credits from the state of Texas. And before I get into that, I'd like to discuss the history of the project and why we're here today. Very concerned about item 21b on the agenda. The first thing that in our P group does before we propose any development using tax credits for affordable housing is go and meet with the elected officials in that in the local political subdivision. In this case Commissioner Reinhartt that was you. And last summer we met just that where we talked about the project, the income levels, the taxes, the impact to the community, et cetera. Then on February 23rd we met with the, oh excuse me, it's such a time that we received your support and we're told to continue with the process that you would support this development. Then on February 23rd, we met with a Chamber of Commerce of School District and New Canis School District, the East Montgomery County Improvement District and a few others. At that time, the consensus of the group was they weren't going to oppose the project, however, they could not support the project because we needed a letter by March 1st and the timing was such that they cannot adequately present it to their board. Those are the reasons that we got. However, we did receive an award of tax credits from the State of Texas and have committed to accepting those tax credits. Commissioner, on August 2nd, we met with you to discuss what we needed in the form of a soft loan, interim financing from Capillary Housing Finance Corporation, and once again you supported the project. On August 16th, we received a unanimous support or consent for the Capillary Housing Finance Commitment loan from this Commissioner's Court and on 19th receive the letter supporting the project. Then on August 20th, TDHCA, we filed a commitment, wrote them a check for $100,000 and committed to the credits. So to date we have over $150,000 invested in this project, a very substantial amount of money. On September 8th we received a letter date at September 2nd saying that the resolution that was approved was being proposed to be rescinded today at Commissioner Scort and it cited a couple of key components about viability of the project but particularly lack of public support and what we have a problem with is oftentimes there is concerns about development such as these but we also try to address the concerns of the public and so between the August 16th date of the consent for the capillary housing finance corporation loan and the letter dated September 2nd, we were in the dark. No one notified us that there was a lot of questions about the community lack of public support. So my recommendation would be to let us address those concerns. If there are any concerns, and please do not pass this resolution today. Thank you. Oh, Red, I think that your miss taking about The support I gave you. I think that I told you we would send it to the county's attorney office and let them look at it Which they did and they support it. Right, and they did support. I wasn't here. I was on vacation on August 16th. And your miss taking about when you met when you can't and others they did not support it. No, sir. Actually the school district said that they are getting hard on me, will you? I understand. But I know you're wrong. Okay, I don't believe I am. Okay. Thank you. I'm County Judge and commissioners. I appreciate the opportunity to speak to you this morning. I am an attorney in Dallas, my name is Bob Bolker with the firm of Munch, Hart, Coffin Harre and the last 15 years, one of my specialties has actually been fair housing law. And so I wanted to come today. I've already sent to you a letter last Friday that hopefully all of y'all got. I'm also sent to the county attorney discussing the potential fair housing implications of the decision today as well some kind of procedural issues that arise with respect the way in which this process has been moved forward. So I want basically just to inform you of the fair housing implications of the potential rescission of the no objection letter to the capital area housing finance corporation. Basically any governmental action that impedes affordable housing can be suspect under fair housing laws. That's particularly true when the action that's taken is outside the normal course of conduct by the particular governmental agency. And in this case, one of the things that looks interesting is the fact that the letter has already been sent by the county judge and the county commissioner of the capillary housing finance corporation even before the vote of this commission took place, which is rather procedurally awkward as opposed to an official action being taken and then the letter being sent, which raises some issues on how this procedure has occurred today. The two reasons cited in the letter are viability of the project and lack of public support. Viability of the project is normally a consideration for a governmental actor when they're providing financing for that particular project. In this case, no county support has been requested for this particular project. And so there's no real basis on which for you to actually look at the viability economic viability of the project. If the question is whether there's a need for the project, there's a letter dated in February from Commissioner Reinhart that says that there is a need for additional affordable housing in Montgomery County and that this particular project would actually help fulfill that need for affordable housing. So I don't know that that's an issue and on the financial viability, the project there's no real way for the county commission to actually look into that issue without spending a lot of time with market study analysts running performance, otherwise understanding how the economics of the project would occur. So that's a very difficult thing for you to investigate without any input from the developer. The other interesting aspect of this is the fact that this rescission is being taken without any real opportunity for the developer to come back in and address the supposed public opposition that's occurred. On the lack of public support, it's kind of interesting since two weeks ago we just received both the support from the County Commission was actually voted on that you guys supported the project. I do understand that Commissioner Reinhart might not have been at that meeting, but it's just a difficult thing when there's quote-unquote public opposition and you try and then revoke support for an affordable housing development based on public opposition of the project. In fact, one court has said that the decision-makers have a duty not to allow the prejudice of the majority to intervene in the decision-making process. And obviously, there has been some public opposition of the project that has arisen, I guess, in the last couple of weeks that is now causing this question to come before the commission. And that is something that, if you take a look at some of the articles that I provided you that are attached to my layer, you will see that those are exactly the kinds of things that courts look into when they start seeing public opposition affecting decision-makers' duties to actually promote affordable housing. Lastly, and I think it's very important, particularly under the current administration, there is continuing investigations of a whole bunch of governmental agencies across the country where they take actions that actually deter affordable housing because if you accept things like community development block grant funds, which the county does accept, from the federal government you're required to sign a statement saying you will affirmatively further fair housing. And when actions like this are taken with no input from the developer, after you've already approved a particular project, it is very suspect as to whether in fact the county is continuing to affirmatively further fair housing. That's all I have to say if you have any questions. Is the corporation's building this a nonprofit? There's a, as I understand it, that's a joint venture between a nonprofit and a for-profit development. Oh, it will be the assess value in the tax rates would be paid, but for as you'd have to address that. Point of value to the two main. The assess value is one million to me. I'm wearing like, do the quick math. Yeah. Under, under, under at three million dollars. In the tax rate, we'll be lavery don't let them out to the county and the school districts. They're physically collect taxes on them or not. Right. The school district will collect taxes on the county. In the county? Yes. At whatever the assessed value is. Right. You think it's one million to two million dollars. I don't have the pro-form in front of me, but how many units is it? There's a formula that is used by the state. It's just that you think that I'm ready to get them out of the project. It applies to county cap rate. That's the assessed value. How many units do we have here? 152. You're in which ESD? Fire District. Forerably. They provide fire protection. You'll pay the ESD tax on that as well. We're paying whatever tax they're assigned to the project. Okay, my question is, I don't, so I've never heard of a project, a new project being assessed at less than 10,000 units. Is that? I don't believe that is statute. But the way affordable housing is taxed is, you take the net operating income of the property, whatever that is. You apply a standard cap rate that's issued by the county. Like Harris County, I think is relatively low, eight or 9% other counties can be a little bit higher. That then becomes the assessed value of the asset. Based on the rental income. Yes. The goal of affordable housing is to provide a quality class A product for working class families. That's the intent. Judge, if I might comment, please. I don't know the answer to this, maybe Mr. Olpher, why is the housing finance corporation requiring the no objection letter from the county? What's the underlying theory or the reason for that request by the owner? Yeah, I can address that. Housing finance corporations typically are politically sensitive. They don't want to normally pass and then finance projects over the objections of the local jurisdiction. And so it's somewhat an unfortunate process we have in Texas. But because that then gives political input into affordable housing decisions when those housing finance corporations actually decide to fund a project. So that's why it's done. I think the ultimate question would be do they have the authority to fund the project regardless of the action or the interest or the concern of the local government? Do they have the inherent authority to fund it regardless of what? I believe they have the inherent authority to do so, yes. So this will be a discretionary decision on theirs based on a letter that might be issued by this commission. Yes, but the fair housing issue is that the actions of this particular court can influence that particular decision making process, which then could domino back into the affordable housing not being provided, which then creates the negative impact on affordable housing in the county. So I would like to add one thing, when this was presented to the county attorney's health and we did not make an assessment on whether or not it would be appropriate to give a letter of objection or not. We only looked at the statutory requirement, but what the obligation would be on the county and we determined there was none. I would have to disagree totally with his perception of the procedural event. procedural events, I think that it was followed very carefully and our intent by your rejection with draw was not to indicate approval or disapproval of the project, but to indicate that we were not in a position yet to give any kind of letter of no objection and by that would give the developer an opportunity to come back and speak to you. So it wasn't preventing the developers from coming back. It was an invitation to look at it again in more detail. Anything else? Good. Thank you. Well, I guess I would at some advice from the county attorney possibly deferring this for three days, whether you all look at this, we'd have a special session, if necessary, you all, I guess you all want time to look at this before we vote on this. I think it's gonna be a appropriate job to allow us to take a look at the authority of the House of Finance Corporation and how that fits with their request for the letter in the action that the commissioners court take in response to their request for the letter. You think and make this decision regardless of what you all do. The necessary significant point I think we need to research. Okay. We'll defer 21 B. We're quite that you said public hearing date of September 27th and October 11th to discuss the county's juvenile parking ordinance. There is a statute that requires the county to revisit this ordinance every three years. We are in the process of obtaining information from the Comforter Hall Sheriff's Department and all of the J.P. on the housing's working and we're going to routine the ordinance to make sure that if there's been any checks for the statute something that needs to be updated that we will do that and we ask that you organize the county court to publish notice of these hearings and the Congo Courier. Move, second. All the papers here. In 21D, we have to approve a tax abatement agreement with FOB LLC. This is for a project to be done on 100% the first three years, then 75% 50% and 25% through December 31 of 2016. There would be a requirement of an additional minimum of 50 full-time job equivalents through the job, the tax-abate material, and there may be up to 150. The total added value within improvement would be $5,000,000. 53,000. Current tax rate is 9,416. After the tax abatement expires, the tax revenues would be 33,800 to 53,000. Well, okay. The day our mowers reviewed their saying the first two years year 11 and 12 to be during construction phase at 100% and BS 75 50 25 will balance a Second all on purpose bus and passes and In 21.E. We ask you to approve an Executive revolution that approved a letter agreement between the county and the city of Conroe. This was provided for the county to pay its pro-grader share of electricity used by the county radio equipment, which is on the Conroe Communications Tower located at the Conroe sewer treatment plant. We have installed a sub-meter. Conroe will be dividing the total usage they have to that plan to determine the kilowatt charge for the county. It has been estimated that it would be around $500 per month. This payment for the utilities are included in the sheriff's budget and they're as far as their rate goes. Move. Second. All fair to see out. And in 22, we need to defer AB and state. Okay, Mr. Representative, three. Consider improved order. Author Agnes, sale of auction and real estate and improvements to the South County Court, South County Court House, Annex, 99, 0, 9, Grover's Mill Road will be going at beer's on this. Now move. Okay. Okay, we're set out. Okay. Under Article 55107172 and 7-4, the local government code, the three sets of courts, the second session. Okay. two and seven four the local government code this recessed the court for executive session. Okay let's recovink commission's court. Mrs. We need a motion. Pay $6,300 to $70 to William and Sharon Fryer. And I also need to add to that, Commissioner, funding source and Okay, do we have any sentences coming today? You may have resources. Please consider and approve the payroll change request forms as presented. Thank you. Anything else, commissioners? We would, you're right. Second. Older, see out for that now.