1. CALL TO ORDER 2. OPENING PRAYER 3. PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF AMERICA FLAG 4. PLEDGE OF ALLEGIANCE TO THE TEXAS STATE FLAG "HONOR THE TEXAS FLAG; I PLEDGE ALLEGIANCE TO THEE, TEXAS, ONE STATE UNDER GOD, ONE AND INDIVISIBLE." 5. ROLL CALL
APPROVAL OF COMMISSIONERS COURT AGENDA
PROCLAMATIONS/RESOLUTIONS A. Presentation of Employee of the Month - July 2019. B. Presentation by Montgomery County Veterans Memorial Commission.
COUNTY CLERK A. Consider and approve Commissioners Court minutes from regular session dated June 25, 2019.
CONSENT AGENDA (ONE MOTION WITH MODIFICATIONS, IF APPLICABLE, APPROVES FOR ACTION, ALL ITEMS CONTAINED WITHIN THE CONSENT AGENDA). A. AUDITOR 1. Consider and approve request by Justice of the Peace Pct. 4 to use $10,419.19 from the Justice of the Peace Court Technology Fund. 2. Consider and approve request by Justice of the Peace Pct. 3 to use $844.05 from the Justice of the Peace Technology Fund. 3. Consider and accept the report that complies with Local Government Code Section 114.023. 4. Consider and accept the report that complies with Local Government Code Section 114.024. 7/8/2019 Agenda https://destinyhosted.com/print_all.cfm?seq=1252&reloaded=true&id=66684 3/74 B. BUDGET OFFICE 1. Consider, approve, and authorize the line item transfers and adjustments for FY 2019 Budget according to Budget Policy. 2. Consider, approve, and authorize adjustments and amendments for Grant Departments. 3. Consider, approve, and authorize transfer, adjustment, and amendments for special revenue departments. 4. Memorialize previous actions taken on changes to the Fiscal Year 2019 Budget in prior Commissioners Court meetings. C. TREASURER 1. Consider and accept the Investments Matured Report 6-14-19. 2. Consider and accept the Investments Purchased Report 6-21-19. 3. Consider and accept the Investments Purchased Report 7-5-19. D. PURCHASING 1. Take all appropriate action to approve the award(s) for Project #19-42 Underground Conduit Installation for various departments. 2. Consider and approve rejecting all bids for Project #19-41 Raising & Undersealing Concrete Slabs and Roads for various precincts. 4. Approve the following change orders (CO): a. CO #2 Project #18-46 Airport Road Parking Lot Construction to Randy Roan Construction, Inc., for material change of soil subgrade stabilization mix and use of County stockpile embankment material for a reduction in the amount of $25,087 for Commissioner Precinct 1. b. CO #2 to SiteCon Services, Inc. for New Danville Phase II Water Tank, Waterline and Sanitary Sewer Line for extra pay items not used for a reduction in the amount of $185 for MCCD. c. CO #1 to Halff Associates, Inc., for engineering design services for Airport Road Parking Lot for limited construction phase services for an increase of $5,570 for Commissioner Precinct 1. 7/8/2019 Agenda https://destinyhosted.com/print_all.cfm?seq=1252&reloaded=true&id=66684 4/74 5. Approve advertising for: a. Project #19-53 Raising and Undersealing Concrete Slabs and Roads for various precincts. b. Project #19-52 Guardrail Materials, Installation and Repair for various departments. E. RISK MANAGEMENT 1. Acknowledge payment in the amount of $4,351.31 in reference to claim #A-19-0094, DOL 05/23/19. 2. Acknowledge payment in the amount of $2,904.88 in reference to claim #A-19-0070, DOL 05/07/19. 3. Consider and approve changes, additions and releases on Surety Bonds. F. COMMISSIONERS - COUNTY ENGINEER 1. PRECINCT 1 a. Consider and approve acceptance of the FM 830 boat ramp into the County road maintenance system. 2. PRECINCT 2 a. Consider and approve the acceptance of the roads in Woodforest, Section 74 into the one-year maintenance period. b. Consider and approve acceptance of roads in Bonterra at Woodforest, Section 5 into the County road maintenance system and release the bond. 3. PRECINCT 3 a. Consider and approve acceptance of roads in Meadows at Imperial Oaks, Section 7 into the County road maintenance system and release the bond. G. HUMAN RESOURCES 1. Consider and accept payroll change request forms. H. ENVIRONMENTAL HEALTH 1. Consider and approve a request for demolition on the following properties that are abandoned, deemed unsafe, or unlivable: Precinct 2 16627 Eastchase St., Montgomery, Texas 77316 Estimated Total Cost: $4,000 Funded by: CDBG 2. Consider and approve Order to Release Lien and acknowledge receipt of check as payment in full of 7/8/2019 Agenda https://destinyhosted.com/print_all.cfm?seq=1252&reloaded=true&id=66684 5/74 assessment lien to recover cost to the County for demolition of a public nuisance. Total cost of lien has been met. 16459 Emerson Circle, Conroe, Texas 77306 3. Consider and approve a request for demolition on the following properties that are abandoned, deemed unsafe, or unlivable: Precinct 2 30958 Goldenrod Lane, Magnolia, Texas 77354 Estimated Total Cost: $4,100 Funded by: CDBG 4. Consider and approve a request for demolition on the following properties that are abandoned, deemed unsafe, or unlivable: Precinct 4 19540 Petty Walker Rd., Conroe, Texas 77306 Estimated Total Cost: $5,700 Funded by: CDBG 5. Consider and approve a request for demolition on the following properties that are abandoned, deemed unsafe, or unlivable: Precinct 2 Lot 1, Block A, of Long Estates Estimated total cost: $8,500 Funded by: Precinct 2 6. Consider and approve a request for demolition on the following properties that are abandoned, deemed unsafe, or unlivable: Precinct 2 A Portion of Lot 1, and all of Lot 2, Block A, of Long Lake Estates Estimated total cost: $7,400 Funded by: Precinct 2 7. Consider and approve a variance request to install an aerobic on site system in the 100-year flood plain located at 13422 Calhoun Rd Conroe, TX 77302. JOH Bennette, Lot 84C & 89A. I. COUNTY JUDGE 1. Consider and accept the annual financial reports for Montgomery County Emergency Services District No. 1 and 12 for the fiscal year ending September 30, 2018. J. SHERIFF 1. Consider and approve the Organized Crime Drug Enforcement Task Force agreement, SW-TXS- 1163 Wired For Sound, between the U.S. Department of Justice and the Montgomery County 7/8/2019 Agenda https://destinyhosted.com/print_all.cfm?seq=1252&reloaded=true&id=66684 6/74 Sheriff's Office. The $7,000 overtime agreement is for FY2019 and associated benefits will be funded by 5601-75985. 7/8/2019 Agenda https://destinyhosted.com/print_all.cfm?seq=1252&reloaded=true&id=66684 7/74 K. COUNTY ATTORNEY 2. PRECINCT 3 a. Approve Resolution and Order for Aerial Crane Easement Agreement between Montgomery County and MPIII Holding Company, LLC for 1.882 acre tract out of the Walker County School Land Survey, A-599, and further authorizing James Noack, Commissioner Precinct 3 to sign the Easement Agreement on behalf of Montgomery County. 3. PRECINCT 4 a. Approve Resolution and Order to pay for acquisition of Parcel 44 for Old Houston Road Project. b. Approve Resolution and Order to pay for acquisition of Parcel 71 for Sorters Road Project. c. Approve Resolution and Order to pay for acquisition of Parcel 47 for Sorters Road Project. L. DISTRICT CLERK 1. Consider and acknowledge the deputation of District Clerk Deputy, Jeff Fiore. M. GRANTS 1. Consider and accept the High Intensity Drug Trafficking Area Project (HIDTA) modification #4 in the amount of $19,300 for the Sheriff's Office. N. ELECTIONS 1. Consider and approve the Joint Election Agreement between Montgomery County and various political entities for the November 5, 2019 Election for the purpose of sharing polling places, voting equipment, election officials, and the related costs. O. COMMUNITY DEVELOPMENT 0. Consider and approve amendments to the 2016, 2017, and 2018 Consolidated Action Plans, and authorize Judge Mark Keough to implement amendments including payments and reclassification of Community Development budget as submitted.
Consideration of Consent Agenda
D3. Approve the renewal options for : a. Project #18-39 Radio Tower Services with Shaffer Tower Services, Inc., for Sheriff's Office. (exercising the first of four renewals options) b. Project #2017-0042 Court Ordered Alcohol Ignition Interlock Device with Draeger, Inc. and 1A Smart Start, LLC., for Adult Probation. (exercising the second of four renewal options) c. Project #2014-0042 HVAC Items and Miscellaneous Supplies with Century Air Conditioning Supply, LP., for various departments. (exercising the fifth of five renewal options) d. Project # 18-38 Rehabilitation of Roads with RC Smith Companies, dba Smith & Co., with a 5.3% increase and removal of item #10 for various precincts. (exercising the first of four renewal options) K1. PRECINCT 2 a. Approve Resolution and Order to pay for acquisition of Parcel 4 for Mansions Way Road Project. b. Approve Resolution and Order to authorize the removal of obstructions in the Montgomery County right-of-way of Stephen F. Austin Drive in Precinct 2 of Montgomery County, Texas.
BUDGET A. Presentation of FY 2020 Preliminary Budget. B. Consider and approve transferring $11,991.15 from Constable Precinct 1 Commissions various operating accounts in department 55115 to Constable Precinct 1 Commissions salary and benefits accounts to complete a payout of an employee moving from a non-exempt to exempt position.
DISTRICT ATTORNEY A. Consider, discuss, and take action on HB 1325 and the unfunded mandate of additional scientific testing by private labs for the quantification of Delta 9- tetrahydrocannabinol in the prosecution of possession of marihuana (Health & Safety Code 481.121).
COUNTY AUDITOR A. Consider and approve the Payment of Accounts.
PURCHASING A. Take all appropriate action to approve the award(s) for Project #19-18 RFP Preventative Maintenance on Standby Generators for various departments. B. Consider and approve the sale of light bars to Cut and Shoot Police Department for Sheriff's Office. C. Approve changes to the Purchasing Policy Manual.
GRANTS A. Consider and approve the Fiscal Year 2020 Crime Victim Assistance Coordinator grant application to Office for Victims of Crime in the amount of $235,841 for the Sheriff's Office. No match required. Please authorize Rebecca Ansley to submit grant electronically on behalf of Montgomery County.
RECESS MONTGOMERY COUNTY COMMISSIONERS COURT. CONVENE PUBLIC HEARINGS. PUBLIC HEARING A. PRECINCT 1 1. Consider cancellation of a portion of Lonestar Parkway Section One, a subdivision in Montgomery County, Texas, filed by Carwile Family Partners, L.P. 2. Consider cancellation of Lonestar Parkway Section Two, a subdivision in Montgomery County, Texas, filed by Carwile Family Partners, L.P. 3. Consider the partial revision of Reserve “B”, Summer Place Replat, Lots 23, 24, 25 and R-7, Block 1, Harbor Point, and Lot 1, Block 2, Harbor Point Partial Replat “A”, to be known as Old River Road Storage. RECONVENE COURT - TAKE APPROPRIATE ACTION
Discuss and deliberate the appointment, employment, evaluation and reassignment of duties, discipline or dismissal of a public officer or employee - Fire Marshal. (Section 551.074)
19. EXECUTIVE SESSION -THE COURT WILL RECESS FOR EXECUTIVE SESSION PURSUANT TO ONE OR MORE OF THE FOLLOWING PROVISIONS OF THE TEXAS GOVERNMENT CODE, TO WIT: CHAPTER 551, SUB-CHAPTER D; ARTICLES 551.071, 551.076, 551.074 A. Consider, discuss and take appropriate action on Montgomery County Employee Benefit Liability Claim #F-19-0106. (Section 551.071) B. Consider and discuss courthouse security projects. (Section 551.076) D. Consultation with attorney regarding claim #A-19-0065. (Section 551.071) E. Consultation with attorney regarding claim #A-17-0055. (Section 551.071) F. Consider and discuss potential litigation regarding Orphan Care Solutions and related matters. (Section 551.071) 20. TAKE ACTION ON MATTERS IN EXECUTIVE SESSION
COUNTY JUDGE A. Consider, discuss, and take appropriate action on the appointment or appointments of various members of the Child Welfare Board.
21. CITIZENS 23. COURT ADJOURNS
Jul 09, 2019 Commissioners Court
1. CALL TO ORDER 2. OPENING PRAYER 3. PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF AMERICA FLAG 4. PLEDGE OF ALLEGIANCE TO THE TEXAS STATE FLAG "HONOR THE TEXAS FLAG; I PLEDGE ALLEGIANCE TO THEE, TEXAS, ONE STATE UNDER GOD, ONE AND INDIVISIBLE." 5. ROLL CALL
APPROVAL OF COMMISSIONERS COURT AGENDA
PROCLAMATIONS/RESOLUTIONS A. Presentation of Employee of the Month - July 2019. B. Presentation by Montgomery County Veterans Memorial Commission.
COUNTY CLERK A. Consider and approve Commissioners Court minutes from regular session dated June 25, 2019.
CONSENT AGENDA (ONE MOTION WITH MODIFICATIONS, IF APPLICABLE, APPROVES FOR ACTION, ALL ITEMS CONTAINED WITHIN THE CONSENT AGENDA). A. AUDITOR 1. Consider and approve request by Justice of the Peace Pct. 4 to use $10,419.19 from the Justice of the Peace Court Technology Fund. 2. Consider and approve request by Justice of the Peace Pct. 3 to use $844.05 from the Justice of the Peace Technology Fund. 3. Consider and accept the report that complies with Local Government Code Section 114.023. 4. Consider and accept the report that complies with Local Government Code Section 114.024. 7/8/2019 Agenda https://destinyhosted.com/print_all.cfm?seq=1252&reloaded=true&id=66684 3/74 B. BUDGET OFFICE 1. Consider, approve, and authorize the line item transfers and adjustments for FY 2019 Budget according to Budget Policy. 2. Consider, approve, and authorize adjustments and amendments for Grant Departments. 3. Consider, approve, and authorize transfer, adjustment, and amendments for special revenue departments. 4. Memorialize previous actions taken on changes to the Fiscal Year 2019 Budget in prior Commissioners Court meetings. C. TREASURER 1. Consider and accept the Investments Matured Report 6-14-19. 2. Consider and accept the Investments Purchased Report 6-21-19. 3. Consider and accept the Investments Purchased Report 7-5-19. D. PURCHASING 1. Take all appropriate action to approve the award(s) for Project #19-42 Underground Conduit Installation for various departments. 2. Consider and approve rejecting all bids for Project #19-41 Raising & Undersealing Concrete Slabs and Roads for various precincts. 4. Approve the following change orders (CO): a. CO #2 Project #18-46 Airport Road Parking Lot Construction to Randy Roan Construction, Inc., for material change of soil subgrade stabilization mix and use of County stockpile embankment material for a reduction in the amount of $25,087 for Commissioner Precinct 1. b. CO #2 to SiteCon Services, Inc. for New Danville Phase II Water Tank, Waterline and Sanitary Sewer Line for extra pay items not used for a reduction in the amount of $185 for MCCD. c. CO #1 to Halff Associates, Inc., for engineering design services for Airport Road Parking Lot for limited construction phase services for an increase of $5,570 for Commissioner Precinct 1. 7/8/2019 Agenda https://destinyhosted.com/print_all.cfm?seq=1252&reloaded=true&id=66684 4/74 5. Approve advertising for: a. Project #19-53 Raising and Undersealing Concrete Slabs and Roads for various precincts. b. Project #19-52 Guardrail Materials, Installation and Repair for various departments. E. RISK MANAGEMENT 1. Acknowledge payment in the amount of $4,351.31 in reference to claim #A-19-0094, DOL 05/23/19. 2. Acknowledge payment in the amount of $2,904.88 in reference to claim #A-19-0070, DOL 05/07/19. 3. Consider and approve changes, additions and releases on Surety Bonds. F. COMMISSIONERS - COUNTY ENGINEER 1. PRECINCT 1 a. Consider and approve acceptance of the FM 830 boat ramp into the County road maintenance system. 2. PRECINCT 2 a. Consider and approve the acceptance of the roads in Woodforest, Section 74 into the one-year maintenance period. b. Consider and approve acceptance of roads in Bonterra at Woodforest, Section 5 into the County road maintenance system and release the bond. 3. PRECINCT 3 a. Consider and approve acceptance of roads in Meadows at Imperial Oaks, Section 7 into the County road maintenance system and release the bond. G. HUMAN RESOURCES 1. Consider and accept payroll change request forms. H. ENVIRONMENTAL HEALTH 1. Consider and approve a request for demolition on the following properties that are abandoned, deemed unsafe, or unlivable: Precinct 2 16627 Eastchase St., Montgomery, Texas 77316 Estimated Total Cost: $4,000 Funded by: CDBG 2. Consider and approve Order to Release Lien and acknowledge receipt of check as payment in full of 7/8/2019 Agenda https://destinyhosted.com/print_all.cfm?seq=1252&reloaded=true&id=66684 5/74 assessment lien to recover cost to the County for demolition of a public nuisance. Total cost of lien has been met. 16459 Emerson Circle, Conroe, Texas 77306 3. Consider and approve a request for demolition on the following properties that are abandoned, deemed unsafe, or unlivable: Precinct 2 30958 Goldenrod Lane, Magnolia, Texas 77354 Estimated Total Cost: $4,100 Funded by: CDBG 4. Consider and approve a request for demolition on the following properties that are abandoned, deemed unsafe, or unlivable: Precinct 4 19540 Petty Walker Rd., Conroe, Texas 77306 Estimated Total Cost: $5,700 Funded by: CDBG 5. Consider and approve a request for demolition on the following properties that are abandoned, deemed unsafe, or unlivable: Precinct 2 Lot 1, Block A, of Long Estates Estimated total cost: $8,500 Funded by: Precinct 2 6. Consider and approve a request for demolition on the following properties that are abandoned, deemed unsafe, or unlivable: Precinct 2 A Portion of Lot 1, and all of Lot 2, Block A, of Long Lake Estates Estimated total cost: $7,400 Funded by: Precinct 2 7. Consider and approve a variance request to install an aerobic on site system in the 100-year flood plain located at 13422 Calhoun Rd Conroe, TX 77302. JOH Bennette, Lot 84C & 89A. I. COUNTY JUDGE 1. Consider and accept the annual financial reports for Montgomery County Emergency Services District No. 1 and 12 for the fiscal year ending September 30, 2018. J. SHERIFF 1. Consider and approve the Organized Crime Drug Enforcement Task Force agreement, SW-TXS- 1163 Wired For Sound, between the U.S. Department of Justice and the Montgomery County 7/8/2019 Agenda https://destinyhosted.com/print_all.cfm?seq=1252&reloaded=true&id=66684 6/74 Sheriff's Office. The $7,000 overtime agreement is for FY2019 and associated benefits will be funded by 5601-75985. 7/8/2019 Agenda https://destinyhosted.com/print_all.cfm?seq=1252&reloaded=true&id=66684 7/74 K. COUNTY ATTORNEY 2. PRECINCT 3 a. Approve Resolution and Order for Aerial Crane Easement Agreement between Montgomery County and MPIII Holding Company, LLC for 1.882 acre tract out of the Walker County School Land Survey, A-599, and further authorizing James Noack, Commissioner Precinct 3 to sign the Easement Agreement on behalf of Montgomery County. 3. PRECINCT 4 a. Approve Resolution and Order to pay for acquisition of Parcel 44 for Old Houston Road Project. b. Approve Resolution and Order to pay for acquisition of Parcel 71 for Sorters Road Project. c. Approve Resolution and Order to pay for acquisition of Parcel 47 for Sorters Road Project. L. DISTRICT CLERK 1. Consider and acknowledge the deputation of District Clerk Deputy, Jeff Fiore. M. GRANTS 1. Consider and accept the High Intensity Drug Trafficking Area Project (HIDTA) modification #4 in the amount of $19,300 for the Sheriff's Office. N. ELECTIONS 1. Consider and approve the Joint Election Agreement between Montgomery County and various political entities for the November 5, 2019 Election for the purpose of sharing polling places, voting equipment, election officials, and the related costs. O. COMMUNITY DEVELOPMENT 0. Consider and approve amendments to the 2016, 2017, and 2018 Consolidated Action Plans, and authorize Judge Mark Keough to implement amendments including payments and reclassification of Community Development budget as submitted.
Consideration of Consent Agenda
D3. Approve the renewal options for : a. Project #18-39 Radio Tower Services with Shaffer Tower Services, Inc., for Sheriff's Office. (exercising the first of four renewals options) b. Project #2017-0042 Court Ordered Alcohol Ignition Interlock Device with Draeger, Inc. and 1A Smart Start, LLC., for Adult Probation. (exercising the second of four renewal options) c. Project #2014-0042 HVAC Items and Miscellaneous Supplies with Century Air Conditioning Supply, LP., for various departments. (exercising the fifth of five renewal options) d. Project # 18-38 Rehabilitation of Roads with RC Smith Companies, dba Smith & Co., with a 5.3% increase and removal of item #10 for various precincts. (exercising the first of four renewal options) K1. PRECINCT 2 a. Approve Resolution and Order to pay for acquisition of Parcel 4 for Mansions Way Road Project. b. Approve Resolution and Order to authorize the removal of obstructions in the Montgomery County right-of-way of Stephen F. Austin Drive in Precinct 2 of Montgomery County, Texas.
BUDGET A. Presentation of FY 2020 Preliminary Budget. B. Consider and approve transferring $11,991.15 from Constable Precinct 1 Commissions various operating accounts in department 55115 to Constable Precinct 1 Commissions salary and benefits accounts to complete a payout of an employee moving from a non-exempt to exempt position.
DISTRICT ATTORNEY A. Consider, discuss, and take action on HB 1325 and the unfunded mandate of additional scientific testing by private labs for the quantification of Delta 9- tetrahydrocannabinol in the prosecution of possession of marihuana (Health & Safety Code 481.121).
COUNTY AUDITOR A. Consider and approve the Payment of Accounts.
PURCHASING A. Take all appropriate action to approve the award(s) for Project #19-18 RFP Preventative Maintenance on Standby Generators for various departments. B. Consider and approve the sale of light bars to Cut and Shoot Police Department for Sheriff's Office. C. Approve changes to the Purchasing Policy Manual.
GRANTS A. Consider and approve the Fiscal Year 2020 Crime Victim Assistance Coordinator grant application to Office for Victims of Crime in the amount of $235,841 for the Sheriff's Office. No match required. Please authorize Rebecca Ansley to submit grant electronically on behalf of Montgomery County.
RECESS MONTGOMERY COUNTY COMMISSIONERS COURT. CONVENE PUBLIC HEARINGS. PUBLIC HEARING A. PRECINCT 1 1. Consider cancellation of a portion of Lonestar Parkway Section One, a subdivision in Montgomery County, Texas, filed by Carwile Family Partners, L.P. 2. Consider cancellation of Lonestar Parkway Section Two, a subdivision in Montgomery County, Texas, filed by Carwile Family Partners, L.P. 3. Consider the partial revision of Reserve “B”, Summer Place Replat, Lots 23, 24, 25 and R-7, Block 1, Harbor Point, and Lot 1, Block 2, Harbor Point Partial Replat “A”, to be known as Old River Road Storage. RECONVENE COURT - TAKE APPROPRIATE ACTION
Discuss and deliberate the appointment, employment, evaluation and reassignment of duties, discipline or dismissal of a public officer or employee - Fire Marshal. (Section 551.074)
19. EXECUTIVE SESSION -THE COURT WILL RECESS FOR EXECUTIVE SESSION PURSUANT TO ONE OR MORE OF THE FOLLOWING PROVISIONS OF THE TEXAS GOVERNMENT CODE, TO WIT: CHAPTER 551, SUB-CHAPTER D; ARTICLES 551.071, 551.076, 551.074 A. Consider, discuss and take appropriate action on Montgomery County Employee Benefit Liability Claim #F-19-0106. (Section 551.071) B. Consider and discuss courthouse security projects. (Section 551.076) D. Consultation with attorney regarding claim #A-19-0065. (Section 551.071) E. Consultation with attorney regarding claim #A-17-0055. (Section 551.071) F. Consider and discuss potential litigation regarding Orphan Care Solutions and related matters. (Section 551.071) 20. TAKE ACTION ON MATTERS IN EXECUTIVE SESSION
COUNTY JUDGE A. Consider, discuss, and take appropriate action on the appointment or appointments of various members of the Child Welfare Board.
21. CITIZENS 23. COURT ADJOURNS