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. Resolution of appreciation to Montgomery County Hospital District (MCHD) Alarm for reaccreditation as an Accredited Center of Excellence from IAED for the fourth tim
COUNTY CLERK A. Consider and approve Commissioners Court minutes from Regular Session dated February 26, 2019, as submitted.
CONSENT AGENDA (ONE MOTION WITH MODIFICATIONS, IF APPLICABLE, APPROVES FOR ACTION, ALL ITEMS CONTAINED WITHIN THE CONSENT AGENDA). A. AUDITOR 1. Consider and accept the Compliance Report for the year ended September 30, 2018, as prepared by Weaver & Tidwell, LLP. 2. Consider and accept the report that complies with Local Government Code Section 114.024. B. BUDGET OFFICE 1. Consider, approve, and authorize transfer, adjustments, and amendments for special revenue departments. 2. Consider, approve, and authorize the line item transfers and adjustments for FY 2019 budget according to budget policy. 3. Memorialize previous actions taken on changes to the Fiscal Year 2019 budget in prior Commissioners Court meetings. 4. Consider, approve, and authorize adjustments and amendments for grant departments. C. TAX ASSESSOR/COLLECTOR 1. Consider and acknowledge acceptance of continuation certificate of surety bond #71753634 for Montgomery County Sheriff's Office in the amount of $25,000.00. 2. Consider and accept the monthly tax collection report for month ending February, 2019. D. PURCHASING 1. Approve advertising for: a. Project #19-25 RFP Destruction of Firearms for Various Law Enforcement. b. Project #19-26 Turn Lane Widening - Rayford Road at Waterbend Cove and Woodlands Parkway at Branch Crossing Drive for Precinct 3. c. Project #19-27 Demolition and Site Clearing for Emergency Management. e. Project #19-30 RFP Internet Service Provider for Various Departments. f. Project #19-31 RFP Wireless MACD Services (Move-Add-Change-Disconnection) for Sheriff's Office. 2. Take all appropriate action to correct the funding source for Change Orders 1-4 for the total of $64,775.52 to Conference Technologies, Inc PO #2018349 approved in Commissioners Court January 29, 2019. From 2016 UASI EOC Sustainment Grant to 2016 UASI HSGP Public Safety Video Grant for Emergency Management. 3. Acknowledge and accept the rebate check from The Home Depot Pro Business Team in the amount of $594.63 which was awarded on qualifying sales of $29,731.69 during the tracking period of January 1, 2018 to December 31, 2018. 4. Approve the renewal options for: a. Project #2017-0006 Forensic and Miscellaneous Medical Supplies with Southland Medical, LLC to include price adjustments and add and delete items for Various Departments (Exercising the second of three renewal options). 5. Take all appropriate action to approve utilizing the following contracts: a. Maintenance, Repair & Operations (MRO) Supplies and Related Services from the Region 4 Education Service Center through National IPA Contract #R142101 from Fastenal, Inc for Various Departments. Local Gov’t Code §271.102. b. Maintenance, Repair & Operations (MRO) Supplies and Related Services from the Region 4 Education Service Center through National IPA Contract #R142104 from Lowe's Home Centers, LLC for Various Departments. Local Gov’t Code §271.102. c. Technology Products and Services through the interlocal agreement with Choice Partners, a division of Harris County Department of Education (HCDE) Contract #15/006MP-15 from Phonoscope, Inc for Various Departments. Local Gov't Code §271.102. d. Technology Equipment, Products, Services and Software through the interlocal agreement with BuyBoard Contract #579-19 from SHI Government Solutions, Inc for IT. Local Gov’t Code §271.102. e. Repair and Renovation Services JOC/CSP for IDIQ On-Call Trades through the interlocal agreement with Choice Partners, a division of Harris County Department of Education (HCDE) Contract #17/020CG from Nash Industries, Inc for Various Departments. Local Gov't Code §271.102. f. Trade Services through the interlocal agreement with BuyBoard Contract #558-18 from McCaffety Electric Co, Inc for Various Departments. Local Gov’t Code §271.102. g. Total Solutions for Law Enforcement, Security, Facilities Management, Fire, Rescue, Clothing, Marine Craft and Emergency/Disaster Response through Federal Supply Schedule 84/General Services Administration Contract #GS-07F-081DA from Smiths Detection, Inc for Various Departments. Local Gov't Code §271.103. h. Tires, Tubes, Supplies and Equipment through the interlocal agreement with BuyBoard Contract #553-18 from American Tire Distributors, Inc dba Grays Wholesale Tire and Southern Tire Mart, LLC for Various Departments. Local Gov’t Code §271.102. i. Police equipment and accessories through Texas Smart Buy contract #680-A1 from Axon Enterprises. Local Gov’t Code 271.102. 6. Approve the Amendment #2 for Right of Way Appraisal Services for Sorters Road to Whitney & Associates to add additional appraisal services in the amount of $7,800.00 for Precinct 4. E. RISK MANAGEMENT 1. Acknowledge payment to Enterprise DBA EAN Holdings, LLC in the amount of $2,737.17 in reference to claim #A-18-0139 DOL 10.26.18. 2. Acknowledge payment to Balakrishna Rao Medavarapu in the amount of $1,458.63 in reference to claim #A-18-0136 DOL 12.22.18. 3. Acknowledge payment to Vijish Vijayan in the amount of $3,299.88 in reference to claim # A-19- 0019. 4. Consider and approve changes, additions and releases on surety bonds. F. COMMISSIONERS 1. PRECINCT 1 a. Consider and reappoint Sherrye Gugenheim to the Montgomery County Child Welfare Board for a three year term beginning September 1, 2019. 2. PRECINCT 2 a. Consider and reappoint Michael Maisano to the Montgomery County Child Welfare Board for a three year term beginning September 1, 2019. 3. PRECINCT 3 a. Consider and reappoint Steven Banes to the Montgomery County Child Welfare Board for a three year term beginning September 1, 2019. b. Consider and accept the annual financial report for Montgomery County Emergency Services District No. 14 (ESD #14) for the fiscal year ending September 30, 2018. 4. PRECINCT 4 a. Consider and approve re-appointing Donnie Click and Larry Trout to the Board of Montgomery County Emergency Services District No. 6 (ESD #6) for the term ending December 31, 2020. b. Consider and approve check 3502 from Montgomery County ESD#7 in the amount of $900.64 for the purchase of fuel. This will be deposited into line item number 615-7926. c. Consider and approve check 54103 from Montgomery County Committee on Aging, Inc in the amount of $411.42 for the purchase of fuel. This will be deposited into line item number 615-7926. d. Consider and approve check 37571 from Montgomery County Texas Clerk Court Fees in the amount of $540.00 for restitution for cause 18-331274. This will be deposited into line item number 615-7914. e. Consider and approve check 23147 from City of Roman Forest in the amount of $1,407.90 for the purchase of fuel. This will be deposited into line item number 615-7926. f. Consider and conditionally approve donation of batting cages from the East Montgomery County Sports Association. The batting cages will be constructed at Ed Rinehart Park and are valued at $46,000.00. g. Consider and approve a Use Agreement with Plum Grove Assembly of God to use Tram Road Park for an Easter egg hunt on April 20, 2019. G. COMMISSIONERS - COUNTY ENGINEER 1. PRECINCT 1 a. Consider and approve acceptance of Deer Way into the county maintenance system upon finding of prescriptive right based on public use. b. Consider and approve acceptance of View Circle into the county maintenance system upon finding of prescriptive right based on public use. c. Consider and approve the final plat of Rancho Escondido, Section 2 Replat No. 1. 2. PRECINCT 2 a. Consider and approve the final plat of Fosters Ridge, Section 15. b. Consider and approve the final plat of Fosters Ridge, Section 16. c. Consider and approve the final plat of Fosters Ridge, Section 17. d. Consider and approve the final plat of Bonterra at Woodforest, Section 7. e. Consider and approve the final plat of Woodforest, Section 61. f. Consider and approve the final plat of Phase 1A Bluejack National Partial Replat No. 2. 3. PRECINCT 3 a. Consider and approve acceptance of roads in Falls at Imperial Oaks, Section 23 into the county road maintenance system and release the bond. b. Consider and approve the acceptance of the roads in Falls at Imperial Oaks, Section 26 into the one year maintenance period. c. Consider and approve the final plat of Basilica Bay Drive Street Dedication, Sec. 1. d. Consider and approve the final plat of Woodson's Reserve Parkway Phase 5. e. Consider and approve the final plat of Woodson's Reserve, Section 14. f. Consider and approve the final plat of Cathedral Shores Drive Street Dedication, Sec. 1. g. Consider and approve the final plat of Woodcreek Crossing, Sec. 2 Partial Replat No. 2. h. Consider and approve the final plat of Spring Forest, Sec. 2 Partial Replat No. 4. 4. PRECINCT 4 a. Consider and approve acceptance of roads in Country Colony, Section 4 into the county road maintenance system and release the bond. b. Consider and approve the acceptance of the roads in Country Colony, Section 5 into the one year maintenance period. c. Consider and approve the acceptance of the roads in Harpers Preserve, Section 12 into the one year maintenance period. d. Consider and approve the acceptance of the roads in Harpers Preserve, Section 13-B into the one year maintenance period. e. Consider and approve the final plat of Valley Ranch Town Center Central. f. Consider and approve the final plat of Valley Ranch Town Center Commercial West. g. Consider and approve the final plat of Alexis Plaza. h. Consider and approve the final plat of North Lake Houston Parkway Street Dedication, Sec. 1. i. Consider and approve the final plat of Country Colony, Sec. 6. j. Consider and approve the final plat of Porters Mill, Section 4. k. Consider and approve the final plat of Grand Texas Commercial, Sec. 1. H. HUMAN RESOURCES 1. Consider and accept payroll change request forms. I. ENVIRONMENTAL HEALTH 1. Consider and approve a variance request to install an aerobic on site system in the 100-year flood plain located at 19287 Old Houston Road Conroe, TX 77302. 3.738 ac o/o CF#2018033997. J. COUNTY JUDGE 1. Consider and approve Modification No. 16 of Intergovernmental Agreement (IGA) with the United States Marshals Service for the Joe Corley Detention Facility. The purpose of this modification is to incorporate Department of Labor wage determination 2015-5233 Revision 11 dated 12/26/2018 into the current Intergovernmental Agreement. 2. Consider and approve Amendment/Modification No. P00001 to contact 70CDCR18DIG000013 between Montgomery County Joe Corley Detention Facility and ICE/Detention Compliance & Removals, Immigration and Customs Enforcement, Office of Acquisition Management, for changes to CLIN Structure IAW Article 10. 3. Consider and approve Amendment/Modification No. P0002 to contact 70CDCR18DIG000013 between Montgomery County Joe Corley Detention Facility and ICE/Detention Compliance & Removals, Immigration and Customs Enforcement, Office of Acquisition Management, to incorporate the Department of Labor Wage Determination 2015-5233, Rev. 10, into the current intergovernmental agreement. K. SHERIFF 1. Consider and approve the donation of office furniture from The Woodlands Township. The furniture is not new and the monetary value is less than $5,000.00. Donated items consists of 8 desks, 6 bookshelves, 1 conference table, 2 work tables and 10 chairs. L. COUNTY ATTORNEY-REAL PROPERTY 1. PRECINCT 1 a. Approve Order Authorizing Notice of Public Hearing under Local Government Code 232.009(C- 1) for the partial revision of Lot 15 and Restricted Reserves “A” & “B”, Block 1, Lot 1, Block 2, and Crescent Cove Drive R-O-W, Crescent Cove Section 3, to be known as Crescent Cove Section 3, Partial Replat No. 1. b. Approve Order Authorizing Notice of Public Hearing under Local Government Code 232.009(C- 1) for the partial revision of all of Lots 10 and 11, Block 2, Walden Road Business Park, to be known as Walden Road Business Park, Partial Replat No. 2. c. Approve Order Authorizing Notice of Public Hearing under Local Government Code 232.009(C- 1) for the partial revision of Lot 19, Block 6, The French Quarter on Lake Conroe, Section 3, to be known as The French Quarter on Lake Conroe Section Three, Partial Replat No. 1. d. Approve Order authorizing payment of Special Commissioners fees for Parcel 54 of the FM 1097 Road Project. e. Approve Order authorizing payment of Special Commissioners fees for Parcel 55 of the FM 1097 Project. f. Approve Resolution and Order to pay for acquisition of Parcel 105 of the FM 1097 Road Expansion Project. h. Accept and record fully executed Tax Abatement Agreement between Montgomery County, and Old Dominion Freight Line, Inc. approved on February 26, 2019 session. i. Approve 0.2670 acre utility easement out of 61.149 acre tract from Montgomery County to The GEO Group, Inc. j. Approve Order Consenting to Street Construction, Repair and Maintenance between Montgomery County and City of Montgomery for paving Caroline Street, Mason Street and Wade Street pursuant to Interlocal Agreement. 2. PRECINCT 2 a. Approve Order authorizing payment of Special Commissioners fees for Parcel 34 of the McCaleb Road Project. b. Approve Order Allowing Partial Lot Conveyance Without a Replat for Lot 106, Block 18, Clear Creek Forest Section 12. c. Approve Overpass Agreement between Montgomery County and BNSF Railway Company for Fish Creek Thoroughfare Northbound Overpass. d. Approve Overpass Agreement between Montgomery County and BNSF Railway Company for Keenan Cut Off Road Overpass. e. Approve Resolution and Order to pay for acquisition of Parcel 11 for Mansions Way Road Project. 3. PRECINCT 3 a. Approve Agreement between Montgomery County, Texas and The Woodlands Land Development Company, L.P., authorizing placement of improvements within the right-of-way of Research Forest Dr. b. Accept and record fully executed Tax Abatement Agreement between Montgomery County, Alight Solutions, LLC and The Woodlands Land Development Company, L.P. approved on February 26, 2019 session. 4. PRECINCT 4 a. Approve Order Authorizing Notice of Public Hearing under Local Government Code 232.009(C- 1) for the partial revision of Lot 20, Block 2, Peach Creek Plantation Section 1, to be known as Peach Creek Plantation Section 1, Partial Replat No. 2. b. Approve Order Authorizing Lease of Real Property for Open Space, Recreational, or Wetlands Management Purposes, being described as Lot 350 in Tanglewood Manor, and appointing Lloyd Saunders and Jennifer Fox, Assistant County Attorneys, as Special Commissioners to conduct lease auction. c. Approve Amended Resolution and Order to acknowledge specific Title Company to pay for acquisition of Parcel 73 for Sorters Road Widening Project. d. Approve Resolution and Order to pay for acquisition of Parcel 22 for Sorters Road Project. e. Approve Resolution and Order to pay for acquisition of Parcel 34 for Sorters Road Project. f. Approve Resolution and Order to pay for acquisition of Parcel 60 for Sorters Road Project. g. Approve Resolution and Order to pay for acquisition of Parcel 74 for Sorters Road Project. h. Approve Resolution and Order to pay for acquisition of Parcel 7 for Old Houston Road Project. i. Approve Resolution and Order to pay for acquisition of Parcel 26 for Old Houston Road Project. M. COUNTY ATTORNEY 1. Consider and approve Resolution and Order to pay vendor on claim no. U-18-0022, date of incident 05/18/18. 2. Consider and approve Resolution and Order to pay vendor on claim no. U-18-0077, date of incident 10/09/18. 3. Consider and approve Resolution and Order to supplement property portion only on claim no. A- 18-0084, date of incident 10/24/18. 4. Consider and approve Amended Resolution and Order to settle property portion only on claim no. A-18-0084, date of incident 10/24/18. N. COUNTY CLERK 1. Acknowledge the deputation of the following County Clerk employees: a. Alyssa Drake b. Dianne Killingsworth c. Marshall Shirley O. DISTRICT CLERK 1. Acknowledge the deputation of Terrell Mizell as a new deputy clerk. P. CONSTABLE PRECINCT 1 1. Consider and accept Constable Pct. 1 Racial Profiling Report for the 2018 calendar year. Q. CONSTABLE PRECINCT 2 1. Consider and accept Constable Pct. 2 Racial Profiling Report for the 2018 calendar year. R. CONSTABLE PRECINCT 3 2. Consider and accept $3,426.30 in funding from the Law Enforcement Officer Standards and Education (LEOSE) account in support of continuing education of licensed personnel. Allocate funds to 5531-74181. S. CONSTABLE PRECINCT 5 1. Consider and accept Constable Pct. 5 Racial Profiling Report for the 2018 calendar year. T. GRANTS 1. Consider and accept the Fiscal Year 2019 Texas Indigent Defense Commission Formula grant award in the amount of $439,925 for Indigent Defense Office. Application was approved in Commissioners Court on October 9, 2018.
Consideration of Consent Agenda
9D 1D. Project #19-28 New Vehicles for Various Departments. 4B. Workers' Compensation Program Third Party Administration Services thirty (30) day extension for Risk Management. R1. Consider and approve the purchase of coffee and supplies from the Constable Pct. 3 budget line 5531.7390 for students attending training classes as mandated by TCOLE. BUILDING MAINTENANCE U1. Acknowledge and accept the report and incentive check #1056327 in the amount of $45,170.77 from the Entergy Solutions Program provided by Entergy Texas for various county buildings.
CITIZENS (limit of 3 minutes) THE COURT WILL CONSIDER, DISCUSS, AND IN ITS DISCRETION, TAKE ACTION ON THE FOLLOWING ITEMS:
COMMISSIONERS A. PRECINCT 3 1. Consider, discuss and approve the appointment of B.D. Griffin as Montgomery County Attorney.
COUNTY JUDGE A. Consider and approve the purchase of service award pins, corsages, refreshments, and other costs associated with the annual employee Service Awards Ceremony. Funds not to exceed $7,000 and to be paid from 409.7390.
TREASURER A. Present an update to Commissioners Court. B. Consider and approve closing positions 497-4280-500 (P/T Accountant) and 497-4426-1 (Deputy Treasurer) and open positions 497-4309-3 (Accounting Assistant) and 497-4200-1 (Finance Assistant). Annualized salary for 497-4309-3 will be $35,660.00 (plus benefits) and annualized salary for 497-4200-1 will be $55,401.00 (plus benefits). Authorize Budget Office to transfer funds between positions and accounts as necessary, no additional budget dollars are requested for FY 2019. C. Consider, discuss, and take action following presentation by representatives from Woodforest National Bank on the use of Federal Home Loan Bank Letters of Credit to collateralize Montgomery County depository accounts. Please authorize Melanie Bush and the County Attorney’s office to take all necessary steps to implement. D. Consider and approve reorganization of Investment Committee and appoint the following: 1. Melanie K. Bush, Treasurer/Investment Officer, Chair of the Investment Committee 2. Mark Keough, County Judge, Member 3. D. Keaton McDaniel, Public Member with experience in investment management
COUNTY CLERK A. Consider and approve the following position changes for the Collections Department: close position 404-4125-6 Collections Specialist I and open position 404-3930-1 Clerk III. Authorize Budget Office to transfer funds between positions and accounts as necessary, no additional budget dollars are requested for FY 2019.
COUNTY COURT AT LAW 2 A. Consider and approve transferring variance of $3,094.71 from Position 427-7707-1 (Coordinator- Probate) to Position 427-7707-3 (Coordinator-Probate), effective April 1, 2019. No new funding is requested.
SHERIFF A. Consider and approve using $36,552.00 of the CIP budget allocated for jail A/C replacement for replacement of the A/C unit at the Sheriff's District 1 location. The jail A/C unit tagged for replacement is currently working. The A/C unit at the specified location needs replacing now.
CONSTABLE PRECINCT 1 A. Consider and approve the Tactical Diversion Task Force Agreement between the United States Department of Justice, Drug Enforcement Administration, for reimbursement of tactical diversion task force operations. Please designate Montgomery County Constable 1 Philip Cash as the authorized official to sign and execute any and all related documents. B. Consider and approve the agreement between the United States Department of Justice, Drug Enforcement Administration, for reimbursement of Case Specific Tactical Diversion Task Force Agreement operations not to exceed $18,343.75. Name a funding source for the associated benefits of $3,654.08.
CONROE-NORTH HOUSTON REGIONAL AIRPORT A. Consider and approve the renewal of the Air Traffic Control Tower Operating Agreement between the Federal Aviation Administration and the Conroe North Houston Regional Airport, and authorize Airport Director James Brown to sign all associated documents.
COMMUNITY DEVELOPMENT A. Please consider and approve adding cell phone allowance to position 642030-4703-1, Coordinator- Construction CD, as a Tier 2, in the amount of $480 annually to be funded from the CDBG grant. No match from the county is required.
TAX ASSESSOR AND COLLECTOR A. Consider and approve notification of default, with 30 days to cure, under the Tax Abatement Agreement between Montgomery County and Gearn Offshore, Inc.
COUNTY AUDITOR A. Consider and accept the Comprehensive Annual Financial Report for the year ended September 30, 2018. B. Consider and approve Payment of Accounts. C. Consider and accept, and take appropriate action regarding the following from the Auditors Office: the State of Affairs from the Auditors Office, certified minutes with Judges' action from board of Judges' hearing, and certified list of county auditor and assistant auditors with their respective salaries. Name funding source.
PURCHASING A. Approve granting a Discretionary Exemption for: 1. Audio/Visual System for Spring Creek Greenway Nature Center as a professional service from Vision Integrated Systems not to exceed $126,000. Local Gov’t Code 262.024(a)(4). 2. FM 1097 Road Widening as an item that can be obtained from only one source in the amount of $399,673.00 from Kinder Morgan Copano Pipelines, LLC for Precinct 1. Local Gov’t Code §262.024(a)(7)(C). B. Take all appropriate actions to approve the award for: 1. Project #19-08 RFP Property, Casualty, and Workers Compensation Third Party Administration Services for Risk Management. 2. Project #19-15 Collection of Urine Samples for Drug/DWI Court. C. Take all appropriate action to approve utilizing the contract for Grounds Maintenance Equipment, Irrigation Parts, Supplies, & Installation through the interlocal agreement with BuyBoard Contract #529-17 and authorize purchase of M6S-111SHDC tractor in the amount of $58,542.46 and KB2200 boom mower and rotary cutter in the amount of $68,323.85 for a total of $126,866.31 from Landsdowne-Moody Company, an authorized dealer for Kubota Tractor Corporation and Terrain King Corporation for Precinct 3. Local Gov't Code §271.102
COUNTY ATTORNEY - REAL PROPERTY A. PRECINCT 1 1. Approve Assignment and Assumption of Tax Abatement Agreement from Scannell Properties #292, LLC to Norman Conroe TX LLC.
RECESS MONTGOMERY COUNTY COMMISSIONERS COURT. CONVENE PUBLIC HEARINGS. PUBLIC HEARING A. PRECINCT 3 1. Consider and approve establishing a no parking zone and placement of "No Parking, Standing, Stopping" "7:15 - 8:30 A.M. 2:45 - 3:45 P.M." "Mon - Fri" signs on both sides of Oakwood Park Lane. B. PRECINCT 4 1. Consider the partial revision of a portion of Restricted Reserve “A”, Block 1, Rolling Hill Estates, to be known as Frog Retreat Section 1. RECONVENE COURT - TAKE APPROPRIATE ACTION
COUNTY ENGINEER A. Consider and approve the final plat of Frog Retreat, Section 1.
COMMISSIONERS A. PRECINCT 3 2. Consider, discuss and take action on resolution opposing high speed rail, the use of eminent domain and the crossing or use of county roads to facilitate high speed rail activities in Montgomery County, Texas or anywhere else in the State of Texas.
HUMAN RESOURCES A. Consider and approve the payroll change request forms.
RISK MANAGEMENT A. Consider and approve annual renewal of the Public Entity Insurance Package (Property, Casualty and Worker's Compensation) for the 2019-2020 policy period.
29. 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. Consultation with County Attorney regarding claim no. C-18-0140. (Section 551.071) B. Consider and discuss courthouse security projects. (Section 551.076) C. Discuss and deliberate the appointment, employment, evaluation and reassignment of duties, discipline or dismissal of a public officer or employee - Risk Management Director. (Section 551.074) 33. COURT ADJOURNS
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. Resolution of appreciation to Montgomery County Hospital District (MCHD) Alarm for reaccreditation as an Accredited Center of Excellence from IAED for the fourth tim
COUNTY CLERK A. Consider and approve Commissioners Court minutes from Regular Session dated February 26, 2019, as submitted.
CONSENT AGENDA (ONE MOTION WITH MODIFICATIONS, IF APPLICABLE, APPROVES FOR ACTION, ALL ITEMS CONTAINED WITHIN THE CONSENT AGENDA). A. AUDITOR 1. Consider and accept the Compliance Report for the year ended September 30, 2018, as prepared by Weaver & Tidwell, LLP. 2. Consider and accept the report that complies with Local Government Code Section 114.024. B. BUDGET OFFICE 1. Consider, approve, and authorize transfer, adjustments, and amendments for special revenue departments. 2. Consider, approve, and authorize the line item transfers and adjustments for FY 2019 budget according to budget policy. 3. Memorialize previous actions taken on changes to the Fiscal Year 2019 budget in prior Commissioners Court meetings. 4. Consider, approve, and authorize adjustments and amendments for grant departments. C. TAX ASSESSOR/COLLECTOR 1. Consider and acknowledge acceptance of continuation certificate of surety bond #71753634 for Montgomery County Sheriff's Office in the amount of $25,000.00. 2. Consider and accept the monthly tax collection report for month ending February, 2019. D. PURCHASING 1. Approve advertising for: a. Project #19-25 RFP Destruction of Firearms for Various Law Enforcement. b. Project #19-26 Turn Lane Widening - Rayford Road at Waterbend Cove and Woodlands Parkway at Branch Crossing Drive for Precinct 3. c. Project #19-27 Demolition and Site Clearing for Emergency Management. e. Project #19-30 RFP Internet Service Provider for Various Departments. f. Project #19-31 RFP Wireless MACD Services (Move-Add-Change-Disconnection) for Sheriff's Office. 2. Take all appropriate action to correct the funding source for Change Orders 1-4 for the total of $64,775.52 to Conference Technologies, Inc PO #2018349 approved in Commissioners Court January 29, 2019. From 2016 UASI EOC Sustainment Grant to 2016 UASI HSGP Public Safety Video Grant for Emergency Management. 3. Acknowledge and accept the rebate check from The Home Depot Pro Business Team in the amount of $594.63 which was awarded on qualifying sales of $29,731.69 during the tracking period of January 1, 2018 to December 31, 2018. 4. Approve the renewal options for: a. Project #2017-0006 Forensic and Miscellaneous Medical Supplies with Southland Medical, LLC to include price adjustments and add and delete items for Various Departments (Exercising the second of three renewal options). 5. Take all appropriate action to approve utilizing the following contracts: a. Maintenance, Repair & Operations (MRO) Supplies and Related Services from the Region 4 Education Service Center through National IPA Contract #R142101 from Fastenal, Inc for Various Departments. Local Gov’t Code §271.102. b. Maintenance, Repair & Operations (MRO) Supplies and Related Services from the Region 4 Education Service Center through National IPA Contract #R142104 from Lowe's Home Centers, LLC for Various Departments. Local Gov’t Code §271.102. c. Technology Products and Services through the interlocal agreement with Choice Partners, a division of Harris County Department of Education (HCDE) Contract #15/006MP-15 from Phonoscope, Inc for Various Departments. Local Gov't Code §271.102. d. Technology Equipment, Products, Services and Software through the interlocal agreement with BuyBoard Contract #579-19 from SHI Government Solutions, Inc for IT. Local Gov’t Code §271.102. e. Repair and Renovation Services JOC/CSP for IDIQ On-Call Trades through the interlocal agreement with Choice Partners, a division of Harris County Department of Education (HCDE) Contract #17/020CG from Nash Industries, Inc for Various Departments. Local Gov't Code §271.102. f. Trade Services through the interlocal agreement with BuyBoard Contract #558-18 from McCaffety Electric Co, Inc for Various Departments. Local Gov’t Code §271.102. g. Total Solutions for Law Enforcement, Security, Facilities Management, Fire, Rescue, Clothing, Marine Craft and Emergency/Disaster Response through Federal Supply Schedule 84/General Services Administration Contract #GS-07F-081DA from Smiths Detection, Inc for Various Departments. Local Gov't Code §271.103. h. Tires, Tubes, Supplies and Equipment through the interlocal agreement with BuyBoard Contract #553-18 from American Tire Distributors, Inc dba Grays Wholesale Tire and Southern Tire Mart, LLC for Various Departments. Local Gov’t Code §271.102. i. Police equipment and accessories through Texas Smart Buy contract #680-A1 from Axon Enterprises. Local Gov’t Code 271.102. 6. Approve the Amendment #2 for Right of Way Appraisal Services for Sorters Road to Whitney & Associates to add additional appraisal services in the amount of $7,800.00 for Precinct 4. E. RISK MANAGEMENT 1. Acknowledge payment to Enterprise DBA EAN Holdings, LLC in the amount of $2,737.17 in reference to claim #A-18-0139 DOL 10.26.18. 2. Acknowledge payment to Balakrishna Rao Medavarapu in the amount of $1,458.63 in reference to claim #A-18-0136 DOL 12.22.18. 3. Acknowledge payment to Vijish Vijayan in the amount of $3,299.88 in reference to claim # A-19- 0019. 4. Consider and approve changes, additions and releases on surety bonds. F. COMMISSIONERS 1. PRECINCT 1 a. Consider and reappoint Sherrye Gugenheim to the Montgomery County Child Welfare Board for a three year term beginning September 1, 2019. 2. PRECINCT 2 a. Consider and reappoint Michael Maisano to the Montgomery County Child Welfare Board for a three year term beginning September 1, 2019. 3. PRECINCT 3 a. Consider and reappoint Steven Banes to the Montgomery County Child Welfare Board for a three year term beginning September 1, 2019. b. Consider and accept the annual financial report for Montgomery County Emergency Services District No. 14 (ESD #14) for the fiscal year ending September 30, 2018. 4. PRECINCT 4 a. Consider and approve re-appointing Donnie Click and Larry Trout to the Board of Montgomery County Emergency Services District No. 6 (ESD #6) for the term ending December 31, 2020. b. Consider and approve check 3502 from Montgomery County ESD#7 in the amount of $900.64 for the purchase of fuel. This will be deposited into line item number 615-7926. c. Consider and approve check 54103 from Montgomery County Committee on Aging, Inc in the amount of $411.42 for the purchase of fuel. This will be deposited into line item number 615-7926. d. Consider and approve check 37571 from Montgomery County Texas Clerk Court Fees in the amount of $540.00 for restitution for cause 18-331274. This will be deposited into line item number 615-7914. e. Consider and approve check 23147 from City of Roman Forest in the amount of $1,407.90 for the purchase of fuel. This will be deposited into line item number 615-7926. f. Consider and conditionally approve donation of batting cages from the East Montgomery County Sports Association. The batting cages will be constructed at Ed Rinehart Park and are valued at $46,000.00. g. Consider and approve a Use Agreement with Plum Grove Assembly of God to use Tram Road Park for an Easter egg hunt on April 20, 2019. G. COMMISSIONERS - COUNTY ENGINEER 1. PRECINCT 1 a. Consider and approve acceptance of Deer Way into the county maintenance system upon finding of prescriptive right based on public use. b. Consider and approve acceptance of View Circle into the county maintenance system upon finding of prescriptive right based on public use. c. Consider and approve the final plat of Rancho Escondido, Section 2 Replat No. 1. 2. PRECINCT 2 a. Consider and approve the final plat of Fosters Ridge, Section 15. b. Consider and approve the final plat of Fosters Ridge, Section 16. c. Consider and approve the final plat of Fosters Ridge, Section 17. d. Consider and approve the final plat of Bonterra at Woodforest, Section 7. e. Consider and approve the final plat of Woodforest, Section 61. f. Consider and approve the final plat of Phase 1A Bluejack National Partial Replat No. 2. 3. PRECINCT 3 a. Consider and approve acceptance of roads in Falls at Imperial Oaks, Section 23 into the county road maintenance system and release the bond. b. Consider and approve the acceptance of the roads in Falls at Imperial Oaks, Section 26 into the one year maintenance period. c. Consider and approve the final plat of Basilica Bay Drive Street Dedication, Sec. 1. d. Consider and approve the final plat of Woodson's Reserve Parkway Phase 5. e. Consider and approve the final plat of Woodson's Reserve, Section 14. f. Consider and approve the final plat of Cathedral Shores Drive Street Dedication, Sec. 1. g. Consider and approve the final plat of Woodcreek Crossing, Sec. 2 Partial Replat No. 2. h. Consider and approve the final plat of Spring Forest, Sec. 2 Partial Replat No. 4. 4. PRECINCT 4 a. Consider and approve acceptance of roads in Country Colony, Section 4 into the county road maintenance system and release the bond. b. Consider and approve the acceptance of the roads in Country Colony, Section 5 into the one year maintenance period. c. Consider and approve the acceptance of the roads in Harpers Preserve, Section 12 into the one year maintenance period. d. Consider and approve the acceptance of the roads in Harpers Preserve, Section 13-B into the one year maintenance period. e. Consider and approve the final plat of Valley Ranch Town Center Central. f. Consider and approve the final plat of Valley Ranch Town Center Commercial West. g. Consider and approve the final plat of Alexis Plaza. h. Consider and approve the final plat of North Lake Houston Parkway Street Dedication, Sec. 1. i. Consider and approve the final plat of Country Colony, Sec. 6. j. Consider and approve the final plat of Porters Mill, Section 4. k. Consider and approve the final plat of Grand Texas Commercial, Sec. 1. H. HUMAN RESOURCES 1. Consider and accept payroll change request forms. I. ENVIRONMENTAL HEALTH 1. Consider and approve a variance request to install an aerobic on site system in the 100-year flood plain located at 19287 Old Houston Road Conroe, TX 77302. 3.738 ac o/o CF#2018033997. J. COUNTY JUDGE 1. Consider and approve Modification No. 16 of Intergovernmental Agreement (IGA) with the United States Marshals Service for the Joe Corley Detention Facility. The purpose of this modification is to incorporate Department of Labor wage determination 2015-5233 Revision 11 dated 12/26/2018 into the current Intergovernmental Agreement. 2. Consider and approve Amendment/Modification No. P00001 to contact 70CDCR18DIG000013 between Montgomery County Joe Corley Detention Facility and ICE/Detention Compliance & Removals, Immigration and Customs Enforcement, Office of Acquisition Management, for changes to CLIN Structure IAW Article 10. 3. Consider and approve Amendment/Modification No. P0002 to contact 70CDCR18DIG000013 between Montgomery County Joe Corley Detention Facility and ICE/Detention Compliance & Removals, Immigration and Customs Enforcement, Office of Acquisition Management, to incorporate the Department of Labor Wage Determination 2015-5233, Rev. 10, into the current intergovernmental agreement. K. SHERIFF 1. Consider and approve the donation of office furniture from The Woodlands Township. The furniture is not new and the monetary value is less than $5,000.00. Donated items consists of 8 desks, 6 bookshelves, 1 conference table, 2 work tables and 10 chairs. L. COUNTY ATTORNEY-REAL PROPERTY 1. PRECINCT 1 a. Approve Order Authorizing Notice of Public Hearing under Local Government Code 232.009(C- 1) for the partial revision of Lot 15 and Restricted Reserves “A” & “B”, Block 1, Lot 1, Block 2, and Crescent Cove Drive R-O-W, Crescent Cove Section 3, to be known as Crescent Cove Section 3, Partial Replat No. 1. b. Approve Order Authorizing Notice of Public Hearing under Local Government Code 232.009(C- 1) for the partial revision of all of Lots 10 and 11, Block 2, Walden Road Business Park, to be known as Walden Road Business Park, Partial Replat No. 2. c. Approve Order Authorizing Notice of Public Hearing under Local Government Code 232.009(C- 1) for the partial revision of Lot 19, Block 6, The French Quarter on Lake Conroe, Section 3, to be known as The French Quarter on Lake Conroe Section Three, Partial Replat No. 1. d. Approve Order authorizing payment of Special Commissioners fees for Parcel 54 of the FM 1097 Road Project. e. Approve Order authorizing payment of Special Commissioners fees for Parcel 55 of the FM 1097 Project. f. Approve Resolution and Order to pay for acquisition of Parcel 105 of the FM 1097 Road Expansion Project. h. Accept and record fully executed Tax Abatement Agreement between Montgomery County, and Old Dominion Freight Line, Inc. approved on February 26, 2019 session. i. Approve 0.2670 acre utility easement out of 61.149 acre tract from Montgomery County to The GEO Group, Inc. j. Approve Order Consenting to Street Construction, Repair and Maintenance between Montgomery County and City of Montgomery for paving Caroline Street, Mason Street and Wade Street pursuant to Interlocal Agreement. 2. PRECINCT 2 a. Approve Order authorizing payment of Special Commissioners fees for Parcel 34 of the McCaleb Road Project. b. Approve Order Allowing Partial Lot Conveyance Without a Replat for Lot 106, Block 18, Clear Creek Forest Section 12. c. Approve Overpass Agreement between Montgomery County and BNSF Railway Company for Fish Creek Thoroughfare Northbound Overpass. d. Approve Overpass Agreement between Montgomery County and BNSF Railway Company for Keenan Cut Off Road Overpass. e. Approve Resolution and Order to pay for acquisition of Parcel 11 for Mansions Way Road Project. 3. PRECINCT 3 a. Approve Agreement between Montgomery County, Texas and The Woodlands Land Development Company, L.P., authorizing placement of improvements within the right-of-way of Research Forest Dr. b. Accept and record fully executed Tax Abatement Agreement between Montgomery County, Alight Solutions, LLC and The Woodlands Land Development Company, L.P. approved on February 26, 2019 session. 4. PRECINCT 4 a. Approve Order Authorizing Notice of Public Hearing under Local Government Code 232.009(C- 1) for the partial revision of Lot 20, Block 2, Peach Creek Plantation Section 1, to be known as Peach Creek Plantation Section 1, Partial Replat No. 2. b. Approve Order Authorizing Lease of Real Property for Open Space, Recreational, or Wetlands Management Purposes, being described as Lot 350 in Tanglewood Manor, and appointing Lloyd Saunders and Jennifer Fox, Assistant County Attorneys, as Special Commissioners to conduct lease auction. c. Approve Amended Resolution and Order to acknowledge specific Title Company to pay for acquisition of Parcel 73 for Sorters Road Widening Project. d. Approve Resolution and Order to pay for acquisition of Parcel 22 for Sorters Road Project. e. Approve Resolution and Order to pay for acquisition of Parcel 34 for Sorters Road Project. f. Approve Resolution and Order to pay for acquisition of Parcel 60 for Sorters Road Project. g. Approve Resolution and Order to pay for acquisition of Parcel 74 for Sorters Road Project. h. Approve Resolution and Order to pay for acquisition of Parcel 7 for Old Houston Road Project. i. Approve Resolution and Order to pay for acquisition of Parcel 26 for Old Houston Road Project. M. COUNTY ATTORNEY 1. Consider and approve Resolution and Order to pay vendor on claim no. U-18-0022, date of incident 05/18/18. 2. Consider and approve Resolution and Order to pay vendor on claim no. U-18-0077, date of incident 10/09/18. 3. Consider and approve Resolution and Order to supplement property portion only on claim no. A- 18-0084, date of incident 10/24/18. 4. Consider and approve Amended Resolution and Order to settle property portion only on claim no. A-18-0084, date of incident 10/24/18. N. COUNTY CLERK 1. Acknowledge the deputation of the following County Clerk employees: a. Alyssa Drake b. Dianne Killingsworth c. Marshall Shirley O. DISTRICT CLERK 1. Acknowledge the deputation of Terrell Mizell as a new deputy clerk. P. CONSTABLE PRECINCT 1 1. Consider and accept Constable Pct. 1 Racial Profiling Report for the 2018 calendar year. Q. CONSTABLE PRECINCT 2 1. Consider and accept Constable Pct. 2 Racial Profiling Report for the 2018 calendar year. R. CONSTABLE PRECINCT 3 2. Consider and accept $3,426.30 in funding from the Law Enforcement Officer Standards and Education (LEOSE) account in support of continuing education of licensed personnel. Allocate funds to 5531-74181. S. CONSTABLE PRECINCT 5 1. Consider and accept Constable Pct. 5 Racial Profiling Report for the 2018 calendar year. T. GRANTS 1. Consider and accept the Fiscal Year 2019 Texas Indigent Defense Commission Formula grant award in the amount of $439,925 for Indigent Defense Office. Application was approved in Commissioners Court on October 9, 2018.
Consideration of Consent Agenda
9D 1D. Project #19-28 New Vehicles for Various Departments. 4B. Workers' Compensation Program Third Party Administration Services thirty (30) day extension for Risk Management. R1. Consider and approve the purchase of coffee and supplies from the Constable Pct. 3 budget line 5531.7390 for students attending training classes as mandated by TCOLE. BUILDING MAINTENANCE U1. Acknowledge and accept the report and incentive check #1056327 in the amount of $45,170.77 from the Entergy Solutions Program provided by Entergy Texas for various county buildings.
CITIZENS (limit of 3 minutes) THE COURT WILL CONSIDER, DISCUSS, AND IN ITS DISCRETION, TAKE ACTION ON THE FOLLOWING ITEMS:
COMMISSIONERS A. PRECINCT 3 1. Consider, discuss and approve the appointment of B.D. Griffin as Montgomery County Attorney.
COUNTY JUDGE A. Consider and approve the purchase of service award pins, corsages, refreshments, and other costs associated with the annual employee Service Awards Ceremony. Funds not to exceed $7,000 and to be paid from 409.7390.
TREASURER A. Present an update to Commissioners Court. B. Consider and approve closing positions 497-4280-500 (P/T Accountant) and 497-4426-1 (Deputy Treasurer) and open positions 497-4309-3 (Accounting Assistant) and 497-4200-1 (Finance Assistant). Annualized salary for 497-4309-3 will be $35,660.00 (plus benefits) and annualized salary for 497-4200-1 will be $55,401.00 (plus benefits). Authorize Budget Office to transfer funds between positions and accounts as necessary, no additional budget dollars are requested for FY 2019. C. Consider, discuss, and take action following presentation by representatives from Woodforest National Bank on the use of Federal Home Loan Bank Letters of Credit to collateralize Montgomery County depository accounts. Please authorize Melanie Bush and the County Attorney’s office to take all necessary steps to implement. D. Consider and approve reorganization of Investment Committee and appoint the following: 1. Melanie K. Bush, Treasurer/Investment Officer, Chair of the Investment Committee 2. Mark Keough, County Judge, Member 3. D. Keaton McDaniel, Public Member with experience in investment management
COUNTY CLERK A. Consider and approve the following position changes for the Collections Department: close position 404-4125-6 Collections Specialist I and open position 404-3930-1 Clerk III. Authorize Budget Office to transfer funds between positions and accounts as necessary, no additional budget dollars are requested for FY 2019.
COUNTY COURT AT LAW 2 A. Consider and approve transferring variance of $3,094.71 from Position 427-7707-1 (Coordinator- Probate) to Position 427-7707-3 (Coordinator-Probate), effective April 1, 2019. No new funding is requested.
SHERIFF A. Consider and approve using $36,552.00 of the CIP budget allocated for jail A/C replacement for replacement of the A/C unit at the Sheriff's District 1 location. The jail A/C unit tagged for replacement is currently working. The A/C unit at the specified location needs replacing now.
CONSTABLE PRECINCT 1 A. Consider and approve the Tactical Diversion Task Force Agreement between the United States Department of Justice, Drug Enforcement Administration, for reimbursement of tactical diversion task force operations. Please designate Montgomery County Constable 1 Philip Cash as the authorized official to sign and execute any and all related documents. B. Consider and approve the agreement between the United States Department of Justice, Drug Enforcement Administration, for reimbursement of Case Specific Tactical Diversion Task Force Agreement operations not to exceed $18,343.75. Name a funding source for the associated benefits of $3,654.08.
CONROE-NORTH HOUSTON REGIONAL AIRPORT A. Consider and approve the renewal of the Air Traffic Control Tower Operating Agreement between the Federal Aviation Administration and the Conroe North Houston Regional Airport, and authorize Airport Director James Brown to sign all associated documents.
COMMUNITY DEVELOPMENT A. Please consider and approve adding cell phone allowance to position 642030-4703-1, Coordinator- Construction CD, as a Tier 2, in the amount of $480 annually to be funded from the CDBG grant. No match from the county is required.
TAX ASSESSOR AND COLLECTOR A. Consider and approve notification of default, with 30 days to cure, under the Tax Abatement Agreement between Montgomery County and Gearn Offshore, Inc.
COUNTY AUDITOR A. Consider and accept the Comprehensive Annual Financial Report for the year ended September 30, 2018. B. Consider and approve Payment of Accounts. C. Consider and accept, and take appropriate action regarding the following from the Auditors Office: the State of Affairs from the Auditors Office, certified minutes with Judges' action from board of Judges' hearing, and certified list of county auditor and assistant auditors with their respective salaries. Name funding source.
PURCHASING A. Approve granting a Discretionary Exemption for: 1. Audio/Visual System for Spring Creek Greenway Nature Center as a professional service from Vision Integrated Systems not to exceed $126,000. Local Gov’t Code 262.024(a)(4). 2. FM 1097 Road Widening as an item that can be obtained from only one source in the amount of $399,673.00 from Kinder Morgan Copano Pipelines, LLC for Precinct 1. Local Gov’t Code §262.024(a)(7)(C). B. Take all appropriate actions to approve the award for: 1. Project #19-08 RFP Property, Casualty, and Workers Compensation Third Party Administration Services for Risk Management. 2. Project #19-15 Collection of Urine Samples for Drug/DWI Court. C. Take all appropriate action to approve utilizing the contract for Grounds Maintenance Equipment, Irrigation Parts, Supplies, & Installation through the interlocal agreement with BuyBoard Contract #529-17 and authorize purchase of M6S-111SHDC tractor in the amount of $58,542.46 and KB2200 boom mower and rotary cutter in the amount of $68,323.85 for a total of $126,866.31 from Landsdowne-Moody Company, an authorized dealer for Kubota Tractor Corporation and Terrain King Corporation for Precinct 3. Local Gov't Code §271.102
COUNTY ATTORNEY - REAL PROPERTY A. PRECINCT 1 1. Approve Assignment and Assumption of Tax Abatement Agreement from Scannell Properties #292, LLC to Norman Conroe TX LLC.
RECESS MONTGOMERY COUNTY COMMISSIONERS COURT. CONVENE PUBLIC HEARINGS. PUBLIC HEARING A. PRECINCT 3 1. Consider and approve establishing a no parking zone and placement of "No Parking, Standing, Stopping" "7:15 - 8:30 A.M. 2:45 - 3:45 P.M." "Mon - Fri" signs on both sides of Oakwood Park Lane. B. PRECINCT 4 1. Consider the partial revision of a portion of Restricted Reserve “A”, Block 1, Rolling Hill Estates, to be known as Frog Retreat Section 1. RECONVENE COURT - TAKE APPROPRIATE ACTION
COUNTY ENGINEER A. Consider and approve the final plat of Frog Retreat, Section 1.
COMMISSIONERS A. PRECINCT 3 2. Consider, discuss and take action on resolution opposing high speed rail, the use of eminent domain and the crossing or use of county roads to facilitate high speed rail activities in Montgomery County, Texas or anywhere else in the State of Texas.
HUMAN RESOURCES A. Consider and approve the payroll change request forms.
RISK MANAGEMENT A. Consider and approve annual renewal of the Public Entity Insurance Package (Property, Casualty and Worker's Compensation) for the 2019-2020 policy period.
29. 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. Consultation with County Attorney regarding claim no. C-18-0140. (Section 551.071) B. Consider and discuss courthouse security projects. (Section 551.076) C. Discuss and deliberate the appointment, employment, evaluation and reassignment of duties, discipline or dismissal of a public officer or employee - Risk Management Director. (Section 551.074) 33. COURT ADJOURNS