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/PRESENTATIONS A. Presentation of the National 4-H Proclamation.
COUNTY CLERK A. Consider and approve Commissioners Court minutes from regular session dated August 10, 2021 as submitted. B. Consider and approve Commissioners Court minutes from special session dated August 20, 2021 as submitted. C. Consider and approve Commissioners Court minutes from regular session dated August 24, 2021 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 approve the Payment of Accounts. 2. Consider and approve request by Justice of the Peace Precinct 1 to use an amount not to exceed $4,000 from the Justice of the Peace Technology Fund. 3. Consider and accept the report that complies with Local Government Code Section 114.024. 4. Consider and accept completed audits. B. BUDGET OFFICE 1. Consider, approve, and authorize transfers, adjustments, and amendments for special revenue departments and general fund departments for Fiscal Year 2021. 2. Consider, approve, and authorize adjustments and amendments for Grant Departments for Fiscal Year 2021. 3. Consider, approve, and authorize the line item transfers and adjustments for Fiscal Year 2021 Budget according to Budget Policy. C. TREASURER 1. Consider and accept a donation of $15,000 to the Montgomery County Memorial Library for the Mitchell Book Fund from the South Montgomery County Friends of the Library Inc., to be deposited into project DN0003 Memorial Library Donation. 2. Consider and accept a donation of $2,000 to the Montgomery County Memorial Library for the South EBooks from the South Montgomery County Friends of the Library Inc., to be deposited into project DN0003 Memorial Library Donation. 3. Consider and accept a donation of $5,000 to the Animal Shelter from Rolando Soliz to be deposited into project DN0001 Animal Shelter Donation. D. TAX ASSESSOR/COLLECTOR 2. Consider and acknowledge acceptance of continuation certificate of Surety Bond #105329863 for AAA Texas LLC in the amount of $25,000. Montgomery County has no responsibility for payment of this bond. E. PURCHASING 1. Consider and approve the interagency cooperation contract between Montgomery County and Department of Public Safety (DPS) as per Texas Government Code Chapter 791 for Crime Laboratory Services. 2. Approve granting a Discretionary Exemption for: a. LexisNexis On-Line Legal Research as an item that can be obtained from only one source from LexisNexis a division of Relx Inc., for various departments. Local Government Code §262.024(a)(7)(A). b. Inmate Telephone System Maintenance as a personal or professional service from Kenneth D. Rollins dba Telephone Data & Sound for Sheriff's Office Jail. Local Government Code §262.024(a)(4). c. Grant an exemption to the bid process under the county’s emergency declaration to purchase vehicles from any available source as needed per Local Gov. Code 262.024. 3. Acknowledge and accept the proceeds received from Rene Bates Auctioneers, Inc., in the amount $145,993.26 from the August 10, 2021 Montgomery County online auction of seized and surplus items. 4. Approve the renewal options for: a. Project #18-33 Decedent Transport Services, Storage Services and the Disposition of Bodies of Deceased Paupers with McNutt-Brock Family Corporation dba McNutt Funeral Home for various departments. (exercising the second of three renewal options). b. Project #18-33 Decedent Transport Services, Storage Services and the Disposition of Bodies of Deceased Paupers with Eickenhorst Funeral Services, LLC., with Amendment #1 pricing changes for various departments. (exercising the second of three renewal options). c. On-Call Construction Material Testing and Inspection Services with Geoscience Engineering & Testing, Inc., for Commissioner Precinct 3. (exercising the first of five renewal options). d. On-Call Engineering Services with RPS Infrastructure, Inc., for Commissioner Precinct 3. (exercising the first of five renewal options). e. On-Call Engineering Services with SAM-Construction Services, LLC., for Commissioner Precinct 3. (exercising the first of five renewal options). f. On-Call Engineering Services with IDS Engineering Group, Inc., for Commissioner Precinct 3. (exercising the first of five renewal options). g. On-Call Inspection Services with GCP Technologies, LLC., for Commissioner Precinct 3. (exercising the first of five renewal options). h. Project #2017-0027 Inmate Health Care Services for the Montgomery County Jail with Southwest Correctional Medical Group, PLLC., with Amendment #3 pricing changes for Sheriff's Office/Jail. (exercising the fourth of five renewal options). i. Project #20-40 New Vehicles with Buckalew Chevrolet, LP., to extend the contract for various departments. 5. Approve Independent Contractor's Agreement and Release with James and Associates Forensic Consultants, Inc., for bloodstain pattern analysis casework and testimony services for Sheriff's Office Crime Laboratory. 6. Consider and approve the award for Project #21-32 Labor for Telephone/Data Cabling for Information Technology. 7. Approve the following change orders (CO): a. CO #7 to Hagerty Consulting, Inc., for Project #18-30 All Hazards Preparedness, Planning, Consulting and Recovery Services to add Amendment #7 for Contact Tracing and Call Center Support for Emergency Management. b. CO #5 to Pape-Dawson Consulting Engineering, Inc., for Surveying Services for Rogers Road for additional services in the amount of $2,610 for Commissioner Precinct 1. c. CO #4 to D & W Contractors, Inc., for Project #20-29 Rayford Road and Birnham Woods Drive Intersection Improvements and Rayford Road Improvements to add and decrease items for a deduction in the amount of $26 for Commissioner Precinct 3. 8. Consider and approve to reject and re-advertise Project #21-38 Surface Treatment for various precincts. 9. Consider and approve the assignment of Project #21-06 Old Houston Road Construction from Angel Brothers Enterprises, Ltd., to Texas Materials Group, Inc., for Commissioner Precinct 4. 10. Approve specifications for Project #21-37 Towing Services for various departments. F. RISK MANAGEMENT 1. Consider and approve changes, additions and releases on Surety Bonds. 2. Consider and approve Montgomery County participation in the 2022 TAC Choice Silver Retiree Medical Program Package I and authorize the Director of Risk Management to sign all necessary documents on behalf of Montgomery County. No Montgomery County funds are contributed to this program. 3. Consider and approve Fifth Amendment to Agreement for Third Party Claims Administration Services pursuant to RFP 18-55, including Exhibit A(1)(d)-Fifth Amended Medical Plan Document, to be effective October 1, 2021. G. COMMISSIONERS 1. PRECINCT 3 a. Approve Order Authorizing Notice of Public Hearing under Local Government Code 232.009(C-1) for the partial replat of Honeycomb Ridge Replat No. 1, a subdivision in Montgomery County, Texas according to the map or plat records, sheet no. 3666-3667, Cabinet Z of the Map Records of Montgomery County, Texas, to be known as Honeycomb Ridge Replat No. 2. The purpose of the proposed partial replat is to create 9 new Lots and a Compensating Open Space Reserve. H. COMMISSIONERS - COUNTY ENGINEER 1. PRECINCT 1 a. Consider and approve the final plat of Republic Grand Ranch, Section 4. 2. PRECINCT 2 a. Consider and acknowledge the general plans for Tract 5 and Tract 7 of the Audubon development. b. Consider and approve the final plat of Blue Magnolia, Section 1. c. Consider and approve the final plat of Pine Lake Bend, Section 1. d. Consider and approve the final plat of Phase 1A Bluejack National Partial Replat No. 5. e. Consider and approve the final plat of Mill Creek Estates, Section 2. f. Consider and approve the final plat of The Lakes at Clover Creek Replat No. 2. 3. PRECINCT 4 a. Consider and acknowledge the general plan for the Kingland West development. b. Consider and approve acceptance of roads in Artavia, Section 1 into the county road maintenance system and release the bond. c. Consider and approve acceptance of roads in Artavia, Section 2 into the county road maintenance system and release the bond. d. Consider and approve acceptance of roads in Artavia, Section 3 into the county road maintenance system and release the bond. e. Consider and approve acceptance of roads in Artavia, Section 4 into the county road maintenance system and release the bond. f. Consider and approve acceptance of roads in Artavia, Section 5 into the county road maintenance system and release the bond. g. Consider and approve acceptance of roads in Artavia, Section 6 into the county road maintenance system and release the bond. h. Consider and approve the acceptance of the roads in Artavia, Section 10 into the one-year maintenance period. i. Consider and approve acceptance of roads in Forest Trace, Section 2 into the county road maintenance system and release the bond. j. Consider and approve acceptance of roads in Forest Trace, Section 3 into the county road maintenance system and release the bond. k. Consider and approve acceptance of roads in Forest Trace, Section 5 into the county road maintenance system and release the bond. l. Consider and approve acceptance of roads in Forest Trace, Section 6 into the county road maintenance system and release the bond. m. Consider and approve the acceptance of the roads in Harpers Preserve, Section 22A into the one-year maintenance period. n. Consider and approve acceptance of roads in Woodridge Forest, Section 8 into the county road maintenance system and release the bond. o. Consider and approve the final plat of East Montgomery County Improvement District Industrial Park, Section 3. p. Consider and approve the final plat of Royal Brook at Kingwood Mills Branch Reserve. q. Consider and approve acceptance of roads in East Montgomery County Improvement District Industrial Park, Section 4 into the county road maintenance system and release the bond. r. Consider and approve the final plat of Superior Properties Ford Road. I. HUMAN RESOURCES 1. Consider and accept payroll change request forms. J. COUNTY JUDGE 1. Consider and ratify the Modification of Intergovernmental Agreement 79-00-0071 for Joe Corley Detention Facility, between Montgomery County and the United States Marshal Service. The purpose of this modification is to increase the per diem rate from $65.08 to $65.76 and increase the guard/transportation hourly rate for court and medical appointments from $37.43 to $38.04. These increases cover the Collective Bargaining Agreements for the International Union Security, Police and Fire Professionals of America effective August 1, 2021. 2. Consider, approve and appoint Victor Uher to the Montgomery County Historical Commission. This appointment was made at the request of the Montgomery County Historical Commission. K. JUSTICE OF THE PEACE PRECINCT 1 1. Consider and accept the Monthly Collections report for August 2021. L. JUSTICE OF THE PEACE PRECINCT 3 1. Consider and accept the Monthly Collections report for February 2021. 2. Consider and accept the Monthly Collections report for March 2021. 3. Consider and accept the Monthly Collections report for April 2021. 4. Consider and accept the Monthly Collections report for May 2021. 5. Consider and accept the Monthly Collections report for June 2021. 6. Consider and accept the Monthly Collections report for July 2021. 7. Consider and accept the Monthly Collections report for August 2021. M. JUSTICE OF THE PEACE PRECINCT 4 1. Consider and accept the Monthly Collections report for August 2021. N. JUSTICE OF THE PEACE PRECINCT 5 1. Consider and accept the Monthly Collections report for July 2021. O. OFFICE OF COURT ADMINISTRATION 1. Consider and approve contracts for the Felony Contract Defender program, 2021-2022 term. Please authorize County Judge Mark J. Keough to sign contracts on behalf of Montgomery County. P. DISTRICT ATTORNEY 1. Consider and approve an exemption to Montgomery County Policy 5.1-6 and 5.1-18 authorizing payment to exempt employees and program eligible employees in reference to the "No Refusal" TxDOT grant allowing for overtime payment for employees working no refusal weekends at a rate of $59.00/hour for Legal Assistant/Investigators and $80.00/hour for Assistant District Attorneys to be paid out of grant funds. The match for the Assistant District Attorney fringe will come from the District Attorney's Office. Q. EMERGENCY MANAGEMENT 1. Consider, discuss, and ratify letters of agreement from the following hospitals related to healthcare staffing. St. Luke's The Woodlands Methodist The Woodlands Hermann Memorial Hospital The Woodlands Kingwood Emergnecy Hospital Texas Children's Hospital The Woodlands HCA Kingwood/Conroe R. SHERIFF 1. Consider and accept $500 donated to the Montgomery County Sheriff's Office K9 fund. Please allocate funds to 100-50-6106-730280 DN00007. S. COUNTY ATTORNEY 1. PRECINCT 1 a. Approve Order Authorizing Notice of Public Hearing under Local Government Code 232.009(C-1) for the replat of Lots 1 and 2, Block 2 of Montgomery County Business Park, recorded in Cabinet J, Sheet 64 of the Montgomery County Map Records, to be known as Taco Bell Montgomery, Section 1 Replat. The purpose of the proposed partial replat is to combine lots 1 and 2 into 1 restricted commercial reserve. 2. PRECINCT 2 a. Approve Order Authorizing Notice of Public Hearing under Local Government Code 232.009(C-1) for the replat Lots 12,13 and 14 of Buck Hills Subdivision, as recorded under Volume 7, Page 425 in the map records of Montgomery County, Texas, to be known as The Cottage at Buckshot Landing Replat. The purpose of the proposed partial replat is to combine lots into one unrestricted reserve. 3. PRECINCT 4 a. Approve order declaring the existence of a public necessity and authorizing the institution of eminent domain proceedings for Parcel 2 for the Ford Road Expansion Project. b. Approve Resolution and Order to pay for acquisition of Parcel 61 of the Ford Road Project. c. Approve Resolution and Order accepting Greenbelt Drive, located in Greenbelt Estates subdivision, into the Montgomery County Road Maintenance System. d. Approve Order Authorizing Notice of Public Hearing under Local Government Code 232.009(C-1) for the partial replat of Lot 9, Block 6 of Splendora Estates as recorded in Volume 5, Page 138 of the Map Records of Montgomery County, Texas, to be known as Splendora Estates, Partial Replat No. 2. The purpose of the proposed partial replat is to create 2 residential lots. e. Approve Order Authorizing Notice of Public Hearing under Local Government Code 232.009(C-1) for the replat of Lot 1, Block 2 of Tower Glen North Subdivision, as recorded in Cabinet D, Sheet 69 of the Map Records of Montgomery County, Texas, to be known as Tower Glen North, Section 1, Replat No. 1. The purpose of the proposed partial replat is to reconfigure Lot 1 into 2 Lots. f. Approve Roadway Improvements Agreement with Mackenzie Creek, Ltd. for the construction of certain roadway improvements along Creighton Rd for Mackenzie Creek Section 3. 4. ALL PRECINCTS a. Consider and approve Resolution and Order to settle claim no. B-18-0056; date of incident 07/27/18, and to authorize Montgomery County’s third party administrator, AS&G, to issue check to claimant. b. Accept and record in Commissioners Court records fully executed copy of Amendment No. 4 to HHSC Contract NO. 2016-048567-001 providing for funding from September 1, 2021 through August 31, 2022. c. Consider and approve Order Acknowledging Receipt of Check No. 123 in the amount of $20 from Walter Vars for lease of real property described as 1.330 acres, Lot 7 Skylight Timbers, Montgomery County, Texas. T. DISTRICT CLERK 1. Acknowledge the deputation of District Clerk's Deputy Clerk, Kori Rauen. U. CONROE-NORTH HOUSTON REGIONAL AIRPORT 1. Consider and approve the second amendment to the TxDOT Aviation CSJ #1912CONRO Project. Authorize Airport Director James Brown to sign all associated documents. No funding source is needed. 2. Consider and approve updated user fee schedule for the U.S. Customs Federal Inspection Station. Effective date of the new rates will be Oct. 1, 2021. 3. Consider and execute land lease agreement between DCR Development, LLC and Montgomery County for approximately .441 acres of land at the Conroe North Houston Regional Airport. 4. Consider and execute estoppel agreement for 1.696 acres lease between Montgomery County and DCR Development, LLC and CXO Holdings, LLC at the Conroe North Houston Regional Airport. 5. Consider and approve Consent of Partial Assignment of Land Lease from DCR Development, LLC to CXO Holdings, LLC for 1.696 acres of land at the Conroe North Houston Regional Airport. V. CONSTABLE PRECINCT 5 1. Consider and approve the retirement of Canine Rocky and authorize him to live out his life with K-9 Handler Deputy Jeremy K. Davis. W. GRANTS AND COMMUNITY DEVELOPMENT 1. Consider, approve and accept the Fiscal Year 2022 Routine Airport Maintenance Program (RAMP) grant from Texas Department of Transportation Aviation in the amount of $100,000 for the Airport. $50,000 match required from Airport Capital Projects budget. Please authorize Airport Director James Brown to be authroized represenative to submit and accept grant electronically on behalf of Montgomery County. 2. Consider and accept Fiscal Year 2022 Montgomery County Auto Theft Task Force Grant award from Motor Vehicle Crime Prevention Authority (MVCPA) in the amount of $372,720. $307,678 match coming from the Sheriff's Office budget. $102,250 coming from other sources. Grant application was approved in Commissioners Court on 6/22/2021. 3. Consider and approve modification #1 for Sheriff's Office Fiscal Year 2021 High Intensity Drug Trafficking Area (HIDTA) grant #G21HN0017A in the amount of $13,000. 4. Consider and accept the Fiscal Year 2022 STEP Comprehensive grant award from Texas Department of Transportation (TxDOT) for the Sheriff's Office in the amount of $98,254.50 with a match of $24,612.29 from the Sheriff's Office budget. Grant application was approved in Commissioners Court on 12/15/2020. Authorize Rebecca Ansley to accept grant on behalf of Montgomery County. 5. Consider and accept the Fiscal Year 2022 STEP Comprehensive grant award from Texas Department of Transportation (TxDOT) for Constable Precinct One office in the amount of $11,399.50 with a match of $3,081.10 from Constable Precinct One Office budget. Grant application was approved in Commissioners Court on 12/15/2020. Authorize Rebecca Ansley to accept grant on behalf of Montgomery County. 6. Consider and accept the Fiscal Year 2022 No Refusal grant award from Texas Department of Transportation (TxDOT) for the District Attorney's Office in the amount of $143,324 with a match of $98,418.02 from the District Attorney's Office budget. Grant application was approved in Commissioners Court on 12/15/2020. Authorize Rebecca Ansley to accept grant on behalf of Montgomery County. END OF CONSENT
Consideration of Consent Agenda
D. TAX ASSESSOR/COLLECTOR 1. Consider and acknowledge acceptance of Surety Bond #022224818 for Northside Lexus in the amount of $200,000. Montgomery County has no responsibility for payment of this bond.
ELECTIONS A. Consider and approve an order changing the polling location for County Election Precincts 11, 45, 52, and 63. B. Consider and approve an Order for Changes to County Election Precinct Boundaries and Designation of Polling Place. C. Consider, discuss, and take appropriate action on the purchase or lease of a voting system.
COUNTY JUDGE A. Consider, discuss and take appropriate action regarding a request from the City of Conroe for use of the Decommissioned Veterans Park in Downtown Conroe. B. Consider, discuss and approve a Resolution and Order renewing and extending the Declaration of Local disaster issued for a Public Health Emergency for a period of 30 days, to expire on October 14, 2021 at 11:59 p.m. C. Consider and approve closing 3 full-time equivalent spots in position 7100-5365 and 3 full-time equivalent spots in open position 7100-5381 sergeant, annualized salary as defined on step plan. Positions will assist in mental health services and COVID-19 support. Estimated additional funds needed is $58,500 to be paid out of the Amercian Rescue Plan Act Funds.
EMERGENCY MANAGEMENT A. Consider, discuss and take appropriate action regarding extending the warehouse lease for OEM through December 31, 2021. Current lease is month to month and expires September 30, 2021. Funding to come from ARPA funds. B. Consider, discuss, and take appropriate action, including immediate action, due to the imminent threat to public health and safety as a result of the Coronavirus (COVID-19), pandemic. C. Consider, discuss and take appropriate action regarding premium pay for essential personnel and first responders of Montgomery County. Any funding source will be the use of ARPA funds.
CONSTABLE PRECINCT 3 A. Consider and authorize Montgomery County Constables to open and close deputy and cadet positions and utilize the established Montgomery County Law Enforcement pay scale. Cadet positions shall be a Grade 9 salary amount of $38,396.80. This request will not result in any increases to funding or positions. Authorize Budget Office to effectuate all necessary changes.
OFFICE OF COURT ADMINISTRATION A. Consider and approve opening position 8103-5382, Certified Court Interpreter at 2 full-time equivalent spots. Annualized salary is $75,000. Positions will be paid out of existing interpreter opertating funds in court operations budget. Authorize Budget office to effectuate all changes.
PURCHASING A. Consider and approve the Master Agreement with Hart InterCivic, Inc., for election equipment with annual license and support through BuyBoard Contract #622-20 per Local Government Code 271.102 and discuss finance options.
HUMAN RESOURCES A. Consider, discuss and take appropriate action regarding the extension of the unused COVID-19 sick bank hours until December 31, 2021.
COUNTY ATTORNEY A. Consider and take appropriate action on proposed Agreement for the Financing and Construction of Road Improvement by and between Montgomery County, Texas and Montgomery County Municipal Utility District No. 180. RECESS MONTGOMERY COUNTY COMMISSIONERS COURT. CONVENE PUBLIC HEARINGS.
PUBLIC HEARING A. PRECINCT 1 1. Consider the partial replat of Lot 21 and Reserve C of Champion Oaks recorded in Cabinet C, Sheet 167B of the Map Records of Montgomery County, Texas, to be known as Champion Oaks, Replat No. 2. The purpose of the proposed partial replat is to create one restricted commercial reserve. 2. Consider the partial replat of Lot 22 and a portion of Lot 21 of Western Hills Commercial Development Section 2, as recorded in Cabinet E, Sheet 69B of the Map Records of Montgomery County, Texas, to be known as Western Hills Commercial Development, Section 2, Partial Replat No. 1. The purpose of the proposed partial replat is to create 3 commercial reserves and 1 block. 3. Consider the partial replat of Lots 8 and 9, Block 1, Point Aquarius, Section 3 recorded in Cabinet A, Sheet 40B in the Montgomery County Map Records, to be known as Point Aquarius Section 3, Replat No. 1. The purpose of the proposed partial replat is to combine 2 Lots into 1 Lot. B. PRECINCT 2 1. Consider the partial replat of Lots 8 and 9, Block 6C of Decker Hills, Section 3, Cabinet D, Sheet 116-B of the Montgomery County Map Records, to be known as Decker Hills, Section 3, Replat No. 1. The purpose of the proposed partial replat is to reconfigure the lot line between Lots 8 and 9. 2. Consider the partial replat of Phase 1A Bluejack National recorded in Cabinet Z, Sheets 3074-3088 and a partial replat of Reserve W Bluejack National Phase 1A Partial Replat No. 1 recorded in Cabinet Z, Sheets 4216-4226 in the Montgomery County Map Records, to be known as Phase 1A Bluejack National, Partial Replat No. 6. The purpose of the proposed partial replat is to reconfigure Reserve W and Lot 24, Block 1 of Phase 1A. RECONVENE COURT - TAKE APPROPRIATE ACTION
COUNTY ENGINEER A. Consider and approve the final plat of Point Aquarius, Section 3 Replat No. 1. B. Consider and approve the final plat of Western Hills Commercial Development, Section 2 Partial Replat No. 1. C. Consider and approve the final plat of Champion Oaks Replat No. 2. D. Consider and approve the final plat of Decker Hills, Section 3 Replat No. 1. E. Consider and approve the final plat of Phase 1A Bluejack National Partial Replat No. 6.
COMMISSIONERS A. PRECINCT 2 AND 4 1. Approve advance funding Agreement between Montgomery County, Texas and TxDOT for the third direct connector at IH 45 and HWY 242. Authorize County Judge Mark J. Keough to execute the Agreement on behalf of Montgomery County, Texas in multiple counterparts and/or through DocuSign or other electronic signature. B. PRECINCT 3 1. Consider and discuss the Robinson Road realignment project.
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 A. Consultation with County Attorney regarding Claim No. D-19-0155 and designation of representative to attend mediation. (Section 551.071) B. Consultation with County Attorney on the use of American Rescue Plan Act (ARPA) funds. (Section 551.071) 23. TAKE ACTION ON MATTERS IN EXECUTIVE SESSION
24. CITIZENS 26. COURT ADJOURNS
Sep 14, 2021 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/PRESENTATIONS A. Presentation of the National 4-H Proclamation.
COUNTY CLERK A. Consider and approve Commissioners Court minutes from regular session dated August 10, 2021 as submitted. B. Consider and approve Commissioners Court minutes from special session dated August 20, 2021 as submitted. C. Consider and approve Commissioners Court minutes from regular session dated August 24, 2021 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 approve the Payment of Accounts. 2. Consider and approve request by Justice of the Peace Precinct 1 to use an amount not to exceed $4,000 from the Justice of the Peace Technology Fund. 3. Consider and accept the report that complies with Local Government Code Section 114.024. 4. Consider and accept completed audits. B. BUDGET OFFICE 1. Consider, approve, and authorize transfers, adjustments, and amendments for special revenue departments and general fund departments for Fiscal Year 2021. 2. Consider, approve, and authorize adjustments and amendments for Grant Departments for Fiscal Year 2021. 3. Consider, approve, and authorize the line item transfers and adjustments for Fiscal Year 2021 Budget according to Budget Policy. C. TREASURER 1. Consider and accept a donation of $15,000 to the Montgomery County Memorial Library for the Mitchell Book Fund from the South Montgomery County Friends of the Library Inc., to be deposited into project DN0003 Memorial Library Donation. 2. Consider and accept a donation of $2,000 to the Montgomery County Memorial Library for the South EBooks from the South Montgomery County Friends of the Library Inc., to be deposited into project DN0003 Memorial Library Donation. 3. Consider and accept a donation of $5,000 to the Animal Shelter from Rolando Soliz to be deposited into project DN0001 Animal Shelter Donation. D. TAX ASSESSOR/COLLECTOR 2. Consider and acknowledge acceptance of continuation certificate of Surety Bond #105329863 for AAA Texas LLC in the amount of $25,000. Montgomery County has no responsibility for payment of this bond. E. PURCHASING 1. Consider and approve the interagency cooperation contract between Montgomery County and Department of Public Safety (DPS) as per Texas Government Code Chapter 791 for Crime Laboratory Services. 2. Approve granting a Discretionary Exemption for: a. LexisNexis On-Line Legal Research as an item that can be obtained from only one source from LexisNexis a division of Relx Inc., for various departments. Local Government Code §262.024(a)(7)(A). b. Inmate Telephone System Maintenance as a personal or professional service from Kenneth D. Rollins dba Telephone Data & Sound for Sheriff's Office Jail. Local Government Code §262.024(a)(4). c. Grant an exemption to the bid process under the county’s emergency declaration to purchase vehicles from any available source as needed per Local Gov. Code 262.024. 3. Acknowledge and accept the proceeds received from Rene Bates Auctioneers, Inc., in the amount $145,993.26 from the August 10, 2021 Montgomery County online auction of seized and surplus items. 4. Approve the renewal options for: a. Project #18-33 Decedent Transport Services, Storage Services and the Disposition of Bodies of Deceased Paupers with McNutt-Brock Family Corporation dba McNutt Funeral Home for various departments. (exercising the second of three renewal options). b. Project #18-33 Decedent Transport Services, Storage Services and the Disposition of Bodies of Deceased Paupers with Eickenhorst Funeral Services, LLC., with Amendment #1 pricing changes for various departments. (exercising the second of three renewal options). c. On-Call Construction Material Testing and Inspection Services with Geoscience Engineering & Testing, Inc., for Commissioner Precinct 3. (exercising the first of five renewal options). d. On-Call Engineering Services with RPS Infrastructure, Inc., for Commissioner Precinct 3. (exercising the first of five renewal options). e. On-Call Engineering Services with SAM-Construction Services, LLC., for Commissioner Precinct 3. (exercising the first of five renewal options). f. On-Call Engineering Services with IDS Engineering Group, Inc., for Commissioner Precinct 3. (exercising the first of five renewal options). g. On-Call Inspection Services with GCP Technologies, LLC., for Commissioner Precinct 3. (exercising the first of five renewal options). h. Project #2017-0027 Inmate Health Care Services for the Montgomery County Jail with Southwest Correctional Medical Group, PLLC., with Amendment #3 pricing changes for Sheriff's Office/Jail. (exercising the fourth of five renewal options). i. Project #20-40 New Vehicles with Buckalew Chevrolet, LP., to extend the contract for various departments. 5. Approve Independent Contractor's Agreement and Release with James and Associates Forensic Consultants, Inc., for bloodstain pattern analysis casework and testimony services for Sheriff's Office Crime Laboratory. 6. Consider and approve the award for Project #21-32 Labor for Telephone/Data Cabling for Information Technology. 7. Approve the following change orders (CO): a. CO #7 to Hagerty Consulting, Inc., for Project #18-30 All Hazards Preparedness, Planning, Consulting and Recovery Services to add Amendment #7 for Contact Tracing and Call Center Support for Emergency Management. b. CO #5 to Pape-Dawson Consulting Engineering, Inc., for Surveying Services for Rogers Road for additional services in the amount of $2,610 for Commissioner Precinct 1. c. CO #4 to D & W Contractors, Inc., for Project #20-29 Rayford Road and Birnham Woods Drive Intersection Improvements and Rayford Road Improvements to add and decrease items for a deduction in the amount of $26 for Commissioner Precinct 3. 8. Consider and approve to reject and re-advertise Project #21-38 Surface Treatment for various precincts. 9. Consider and approve the assignment of Project #21-06 Old Houston Road Construction from Angel Brothers Enterprises, Ltd., to Texas Materials Group, Inc., for Commissioner Precinct 4. 10. Approve specifications for Project #21-37 Towing Services for various departments. F. RISK MANAGEMENT 1. Consider and approve changes, additions and releases on Surety Bonds. 2. Consider and approve Montgomery County participation in the 2022 TAC Choice Silver Retiree Medical Program Package I and authorize the Director of Risk Management to sign all necessary documents on behalf of Montgomery County. No Montgomery County funds are contributed to this program. 3. Consider and approve Fifth Amendment to Agreement for Third Party Claims Administration Services pursuant to RFP 18-55, including Exhibit A(1)(d)-Fifth Amended Medical Plan Document, to be effective October 1, 2021. G. COMMISSIONERS 1. PRECINCT 3 a. Approve Order Authorizing Notice of Public Hearing under Local Government Code 232.009(C-1) for the partial replat of Honeycomb Ridge Replat No. 1, a subdivision in Montgomery County, Texas according to the map or plat records, sheet no. 3666-3667, Cabinet Z of the Map Records of Montgomery County, Texas, to be known as Honeycomb Ridge Replat No. 2. The purpose of the proposed partial replat is to create 9 new Lots and a Compensating Open Space Reserve. H. COMMISSIONERS - COUNTY ENGINEER 1. PRECINCT 1 a. Consider and approve the final plat of Republic Grand Ranch, Section 4. 2. PRECINCT 2 a. Consider and acknowledge the general plans for Tract 5 and Tract 7 of the Audubon development. b. Consider and approve the final plat of Blue Magnolia, Section 1. c. Consider and approve the final plat of Pine Lake Bend, Section 1. d. Consider and approve the final plat of Phase 1A Bluejack National Partial Replat No. 5. e. Consider and approve the final plat of Mill Creek Estates, Section 2. f. Consider and approve the final plat of The Lakes at Clover Creek Replat No. 2. 3. PRECINCT 4 a. Consider and acknowledge the general plan for the Kingland West development. b. Consider and approve acceptance of roads in Artavia, Section 1 into the county road maintenance system and release the bond. c. Consider and approve acceptance of roads in Artavia, Section 2 into the county road maintenance system and release the bond. d. Consider and approve acceptance of roads in Artavia, Section 3 into the county road maintenance system and release the bond. e. Consider and approve acceptance of roads in Artavia, Section 4 into the county road maintenance system and release the bond. f. Consider and approve acceptance of roads in Artavia, Section 5 into the county road maintenance system and release the bond. g. Consider and approve acceptance of roads in Artavia, Section 6 into the county road maintenance system and release the bond. h. Consider and approve the acceptance of the roads in Artavia, Section 10 into the one-year maintenance period. i. Consider and approve acceptance of roads in Forest Trace, Section 2 into the county road maintenance system and release the bond. j. Consider and approve acceptance of roads in Forest Trace, Section 3 into the county road maintenance system and release the bond. k. Consider and approve acceptance of roads in Forest Trace, Section 5 into the county road maintenance system and release the bond. l. Consider and approve acceptance of roads in Forest Trace, Section 6 into the county road maintenance system and release the bond. m. Consider and approve the acceptance of the roads in Harpers Preserve, Section 22A into the one-year maintenance period. n. Consider and approve acceptance of roads in Woodridge Forest, Section 8 into the county road maintenance system and release the bond. o. Consider and approve the final plat of East Montgomery County Improvement District Industrial Park, Section 3. p. Consider and approve the final plat of Royal Brook at Kingwood Mills Branch Reserve. q. Consider and approve acceptance of roads in East Montgomery County Improvement District Industrial Park, Section 4 into the county road maintenance system and release the bond. r. Consider and approve the final plat of Superior Properties Ford Road. I. HUMAN RESOURCES 1. Consider and accept payroll change request forms. J. COUNTY JUDGE 1. Consider and ratify the Modification of Intergovernmental Agreement 79-00-0071 for Joe Corley Detention Facility, between Montgomery County and the United States Marshal Service. The purpose of this modification is to increase the per diem rate from $65.08 to $65.76 and increase the guard/transportation hourly rate for court and medical appointments from $37.43 to $38.04. These increases cover the Collective Bargaining Agreements for the International Union Security, Police and Fire Professionals of America effective August 1, 2021. 2. Consider, approve and appoint Victor Uher to the Montgomery County Historical Commission. This appointment was made at the request of the Montgomery County Historical Commission. K. JUSTICE OF THE PEACE PRECINCT 1 1. Consider and accept the Monthly Collections report for August 2021. L. JUSTICE OF THE PEACE PRECINCT 3 1. Consider and accept the Monthly Collections report for February 2021. 2. Consider and accept the Monthly Collections report for March 2021. 3. Consider and accept the Monthly Collections report for April 2021. 4. Consider and accept the Monthly Collections report for May 2021. 5. Consider and accept the Monthly Collections report for June 2021. 6. Consider and accept the Monthly Collections report for July 2021. 7. Consider and accept the Monthly Collections report for August 2021. M. JUSTICE OF THE PEACE PRECINCT 4 1. Consider and accept the Monthly Collections report for August 2021. N. JUSTICE OF THE PEACE PRECINCT 5 1. Consider and accept the Monthly Collections report for July 2021. O. OFFICE OF COURT ADMINISTRATION 1. Consider and approve contracts for the Felony Contract Defender program, 2021-2022 term. Please authorize County Judge Mark J. Keough to sign contracts on behalf of Montgomery County. P. DISTRICT ATTORNEY 1. Consider and approve an exemption to Montgomery County Policy 5.1-6 and 5.1-18 authorizing payment to exempt employees and program eligible employees in reference to the "No Refusal" TxDOT grant allowing for overtime payment for employees working no refusal weekends at a rate of $59.00/hour for Legal Assistant/Investigators and $80.00/hour for Assistant District Attorneys to be paid out of grant funds. The match for the Assistant District Attorney fringe will come from the District Attorney's Office. Q. EMERGENCY MANAGEMENT 1. Consider, discuss, and ratify letters of agreement from the following hospitals related to healthcare staffing. St. Luke's The Woodlands Methodist The Woodlands Hermann Memorial Hospital The Woodlands Kingwood Emergnecy Hospital Texas Children's Hospital The Woodlands HCA Kingwood/Conroe R. SHERIFF 1. Consider and accept $500 donated to the Montgomery County Sheriff's Office K9 fund. Please allocate funds to 100-50-6106-730280 DN00007. S. COUNTY ATTORNEY 1. PRECINCT 1 a. Approve Order Authorizing Notice of Public Hearing under Local Government Code 232.009(C-1) for the replat of Lots 1 and 2, Block 2 of Montgomery County Business Park, recorded in Cabinet J, Sheet 64 of the Montgomery County Map Records, to be known as Taco Bell Montgomery, Section 1 Replat. The purpose of the proposed partial replat is to combine lots 1 and 2 into 1 restricted commercial reserve. 2. PRECINCT 2 a. Approve Order Authorizing Notice of Public Hearing under Local Government Code 232.009(C-1) for the replat Lots 12,13 and 14 of Buck Hills Subdivision, as recorded under Volume 7, Page 425 in the map records of Montgomery County, Texas, to be known as The Cottage at Buckshot Landing Replat. The purpose of the proposed partial replat is to combine lots into one unrestricted reserve. 3. PRECINCT 4 a. Approve order declaring the existence of a public necessity and authorizing the institution of eminent domain proceedings for Parcel 2 for the Ford Road Expansion Project. b. Approve Resolution and Order to pay for acquisition of Parcel 61 of the Ford Road Project. c. Approve Resolution and Order accepting Greenbelt Drive, located in Greenbelt Estates subdivision, into the Montgomery County Road Maintenance System. d. Approve Order Authorizing Notice of Public Hearing under Local Government Code 232.009(C-1) for the partial replat of Lot 9, Block 6 of Splendora Estates as recorded in Volume 5, Page 138 of the Map Records of Montgomery County, Texas, to be known as Splendora Estates, Partial Replat No. 2. The purpose of the proposed partial replat is to create 2 residential lots. e. Approve Order Authorizing Notice of Public Hearing under Local Government Code 232.009(C-1) for the replat of Lot 1, Block 2 of Tower Glen North Subdivision, as recorded in Cabinet D, Sheet 69 of the Map Records of Montgomery County, Texas, to be known as Tower Glen North, Section 1, Replat No. 1. The purpose of the proposed partial replat is to reconfigure Lot 1 into 2 Lots. f. Approve Roadway Improvements Agreement with Mackenzie Creek, Ltd. for the construction of certain roadway improvements along Creighton Rd for Mackenzie Creek Section 3. 4. ALL PRECINCTS a. Consider and approve Resolution and Order to settle claim no. B-18-0056; date of incident 07/27/18, and to authorize Montgomery County’s third party administrator, AS&G, to issue check to claimant. b. Accept and record in Commissioners Court records fully executed copy of Amendment No. 4 to HHSC Contract NO. 2016-048567-001 providing for funding from September 1, 2021 through August 31, 2022. c. Consider and approve Order Acknowledging Receipt of Check No. 123 in the amount of $20 from Walter Vars for lease of real property described as 1.330 acres, Lot 7 Skylight Timbers, Montgomery County, Texas. T. DISTRICT CLERK 1. Acknowledge the deputation of District Clerk's Deputy Clerk, Kori Rauen. U. CONROE-NORTH HOUSTON REGIONAL AIRPORT 1. Consider and approve the second amendment to the TxDOT Aviation CSJ #1912CONRO Project. Authorize Airport Director James Brown to sign all associated documents. No funding source is needed. 2. Consider and approve updated user fee schedule for the U.S. Customs Federal Inspection Station. Effective date of the new rates will be Oct. 1, 2021. 3. Consider and execute land lease agreement between DCR Development, LLC and Montgomery County for approximately .441 acres of land at the Conroe North Houston Regional Airport. 4. Consider and execute estoppel agreement for 1.696 acres lease between Montgomery County and DCR Development, LLC and CXO Holdings, LLC at the Conroe North Houston Regional Airport. 5. Consider and approve Consent of Partial Assignment of Land Lease from DCR Development, LLC to CXO Holdings, LLC for 1.696 acres of land at the Conroe North Houston Regional Airport. V. CONSTABLE PRECINCT 5 1. Consider and approve the retirement of Canine Rocky and authorize him to live out his life with K-9 Handler Deputy Jeremy K. Davis. W. GRANTS AND COMMUNITY DEVELOPMENT 1. Consider, approve and accept the Fiscal Year 2022 Routine Airport Maintenance Program (RAMP) grant from Texas Department of Transportation Aviation in the amount of $100,000 for the Airport. $50,000 match required from Airport Capital Projects budget. Please authorize Airport Director James Brown to be authroized represenative to submit and accept grant electronically on behalf of Montgomery County. 2. Consider and accept Fiscal Year 2022 Montgomery County Auto Theft Task Force Grant award from Motor Vehicle Crime Prevention Authority (MVCPA) in the amount of $372,720. $307,678 match coming from the Sheriff's Office budget. $102,250 coming from other sources. Grant application was approved in Commissioners Court on 6/22/2021. 3. Consider and approve modification #1 for Sheriff's Office Fiscal Year 2021 High Intensity Drug Trafficking Area (HIDTA) grant #G21HN0017A in the amount of $13,000. 4. Consider and accept the Fiscal Year 2022 STEP Comprehensive grant award from Texas Department of Transportation (TxDOT) for the Sheriff's Office in the amount of $98,254.50 with a match of $24,612.29 from the Sheriff's Office budget. Grant application was approved in Commissioners Court on 12/15/2020. Authorize Rebecca Ansley to accept grant on behalf of Montgomery County. 5. Consider and accept the Fiscal Year 2022 STEP Comprehensive grant award from Texas Department of Transportation (TxDOT) for Constable Precinct One office in the amount of $11,399.50 with a match of $3,081.10 from Constable Precinct One Office budget. Grant application was approved in Commissioners Court on 12/15/2020. Authorize Rebecca Ansley to accept grant on behalf of Montgomery County. 6. Consider and accept the Fiscal Year 2022 No Refusal grant award from Texas Department of Transportation (TxDOT) for the District Attorney's Office in the amount of $143,324 with a match of $98,418.02 from the District Attorney's Office budget. Grant application was approved in Commissioners Court on 12/15/2020. Authorize Rebecca Ansley to accept grant on behalf of Montgomery County. END OF CONSENT
Consideration of Consent Agenda
D. TAX ASSESSOR/COLLECTOR 1. Consider and acknowledge acceptance of Surety Bond #022224818 for Northside Lexus in the amount of $200,000. Montgomery County has no responsibility for payment of this bond.
ELECTIONS A. Consider and approve an order changing the polling location for County Election Precincts 11, 45, 52, and 63. B. Consider and approve an Order for Changes to County Election Precinct Boundaries and Designation of Polling Place. C. Consider, discuss, and take appropriate action on the purchase or lease of a voting system.
COUNTY JUDGE A. Consider, discuss and take appropriate action regarding a request from the City of Conroe for use of the Decommissioned Veterans Park in Downtown Conroe. B. Consider, discuss and approve a Resolution and Order renewing and extending the Declaration of Local disaster issued for a Public Health Emergency for a period of 30 days, to expire on October 14, 2021 at 11:59 p.m. C. Consider and approve closing 3 full-time equivalent spots in position 7100-5365 and 3 full-time equivalent spots in open position 7100-5381 sergeant, annualized salary as defined on step plan. Positions will assist in mental health services and COVID-19 support. Estimated additional funds needed is $58,500 to be paid out of the Amercian Rescue Plan Act Funds.
EMERGENCY MANAGEMENT A. Consider, discuss and take appropriate action regarding extending the warehouse lease for OEM through December 31, 2021. Current lease is month to month and expires September 30, 2021. Funding to come from ARPA funds. B. Consider, discuss, and take appropriate action, including immediate action, due to the imminent threat to public health and safety as a result of the Coronavirus (COVID-19), pandemic. C. Consider, discuss and take appropriate action regarding premium pay for essential personnel and first responders of Montgomery County. Any funding source will be the use of ARPA funds.
CONSTABLE PRECINCT 3 A. Consider and authorize Montgomery County Constables to open and close deputy and cadet positions and utilize the established Montgomery County Law Enforcement pay scale. Cadet positions shall be a Grade 9 salary amount of $38,396.80. This request will not result in any increases to funding or positions. Authorize Budget Office to effectuate all necessary changes.
OFFICE OF COURT ADMINISTRATION A. Consider and approve opening position 8103-5382, Certified Court Interpreter at 2 full-time equivalent spots. Annualized salary is $75,000. Positions will be paid out of existing interpreter opertating funds in court operations budget. Authorize Budget office to effectuate all changes.
PURCHASING A. Consider and approve the Master Agreement with Hart InterCivic, Inc., for election equipment with annual license and support through BuyBoard Contract #622-20 per Local Government Code 271.102 and discuss finance options.
HUMAN RESOURCES A. Consider, discuss and take appropriate action regarding the extension of the unused COVID-19 sick bank hours until December 31, 2021.
COUNTY ATTORNEY A. Consider and take appropriate action on proposed Agreement for the Financing and Construction of Road Improvement by and between Montgomery County, Texas and Montgomery County Municipal Utility District No. 180. RECESS MONTGOMERY COUNTY COMMISSIONERS COURT. CONVENE PUBLIC HEARINGS.
PUBLIC HEARING A. PRECINCT 1 1. Consider the partial replat of Lot 21 and Reserve C of Champion Oaks recorded in Cabinet C, Sheet 167B of the Map Records of Montgomery County, Texas, to be known as Champion Oaks, Replat No. 2. The purpose of the proposed partial replat is to create one restricted commercial reserve. 2. Consider the partial replat of Lot 22 and a portion of Lot 21 of Western Hills Commercial Development Section 2, as recorded in Cabinet E, Sheet 69B of the Map Records of Montgomery County, Texas, to be known as Western Hills Commercial Development, Section 2, Partial Replat No. 1. The purpose of the proposed partial replat is to create 3 commercial reserves and 1 block. 3. Consider the partial replat of Lots 8 and 9, Block 1, Point Aquarius, Section 3 recorded in Cabinet A, Sheet 40B in the Montgomery County Map Records, to be known as Point Aquarius Section 3, Replat No. 1. The purpose of the proposed partial replat is to combine 2 Lots into 1 Lot. B. PRECINCT 2 1. Consider the partial replat of Lots 8 and 9, Block 6C of Decker Hills, Section 3, Cabinet D, Sheet 116-B of the Montgomery County Map Records, to be known as Decker Hills, Section 3, Replat No. 1. The purpose of the proposed partial replat is to reconfigure the lot line between Lots 8 and 9. 2. Consider the partial replat of Phase 1A Bluejack National recorded in Cabinet Z, Sheets 3074-3088 and a partial replat of Reserve W Bluejack National Phase 1A Partial Replat No. 1 recorded in Cabinet Z, Sheets 4216-4226 in the Montgomery County Map Records, to be known as Phase 1A Bluejack National, Partial Replat No. 6. The purpose of the proposed partial replat is to reconfigure Reserve W and Lot 24, Block 1 of Phase 1A. RECONVENE COURT - TAKE APPROPRIATE ACTION
COUNTY ENGINEER A. Consider and approve the final plat of Point Aquarius, Section 3 Replat No. 1. B. Consider and approve the final plat of Western Hills Commercial Development, Section 2 Partial Replat No. 1. C. Consider and approve the final plat of Champion Oaks Replat No. 2. D. Consider and approve the final plat of Decker Hills, Section 3 Replat No. 1. E. Consider and approve the final plat of Phase 1A Bluejack National Partial Replat No. 6.
COMMISSIONERS A. PRECINCT 2 AND 4 1. Approve advance funding Agreement between Montgomery County, Texas and TxDOT for the third direct connector at IH 45 and HWY 242. Authorize County Judge Mark J. Keough to execute the Agreement on behalf of Montgomery County, Texas in multiple counterparts and/or through DocuSign or other electronic signature. B. PRECINCT 3 1. Consider and discuss the Robinson Road realignment project.
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 A. Consultation with County Attorney regarding Claim No. D-19-0155 and designation of representative to attend mediation. (Section 551.071) B. Consultation with County Attorney on the use of American Rescue Plan Act (ARPA) funds. (Section 551.071) 23. TAKE ACTION ON MATTERS IN EXECUTIVE SESSION
24. CITIZENS 26. COURT ADJOURNS