1. CALL TO ORDER 2. OPENING PRAYER 3. PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF AMERICA FLAG 4. PLEDGE OF ALLEGIANCE TO THE TEXAS STATE FLAG "HONOR THE TEXAS FLAG; I PLEDGE ALLEGIANCE TO THEE, TEXAS, ONE STATE UNDER GOD, ONE AND INDIVISIBLE." 5. ROLL CALL
APPROVAL OF COMMISSIONERS COURT AGENDA
PROCLAMATIONS/RESOLUTIONS A. Presentation of Employee of the Month - September 2019.
COUNTY CLERK A. Consider and approve correction to the August 13, 2019 Commissioners Court Minutes as follows: DID READ: 11. REQUEST APPROVED – DATE AND TIME SET – ELECTIONS Motion by Commissioner Meador, seconded by Commissioner Riley, to approve the date of November 5, 2019 at 8:00 a.m. to conduct the canvass of the November 5, 2019 Constitutional Amendment Election. Motion carried. SHOULD READ: 11. REQUEST APPROVED – DATE AND TIME SET – ELECTIONS Motion by Commissioner Meador, seconded by Commissioner Riley, to approve the date of November 15, 2019 at 8:00 a.m. to conduct the canvass of the November 5, 2019 Constitutional Amendment Election. Motion carried. B. Consider and approve Commissioners Court minutes from Regular Session dated August 27, 2019, as submitted.
CONSENT AGENDA (ONE MOTION WITH MODIFICATIONS, IF APPLICABLE, APPROVES FOR ACTION, ALL ITEMS CONTAINED WITHIN THE CONSENT AGENDA). A. AUDITOR 2. Consider and accept report of officials’ fees, as audited for January, February, and March 2019. 3. Consider and accept the report that complies with Local Government Code Section 114.023. B. BUDGET OFFICE 1. Memorialize previous actions taken on changes to the Fiscal Year 2019 Budget in prior Commissioners Court meetings. 2. Consider, approve, and authorize transfer, adjustment, and amendments for special revenue departments and general fund departments. 3. Consider, approve, and authorize the line item transfers and adjustments for FY 2019 Budget according to Budget Policy. 4. Consider, approve, and authorize adjustments and amendments for Grant Departments. C. TREASURER 1. Consider and accept the Investments Matured Report 08-30-19. 2. Consider and accept the Investments Purchased Report 08-30-19. 3. Consider and approve a remodeling project for County Treasurer’s Office, to move a wall to create more usable space. Building maintenance already has supplies and materials, therefore no additional costs are required. No change to the FY 2019 or FY 2020 budget. D. PURCHASING 1. Approve granting a Discretionary Exemption for Dark Fiber & Gigabit Ethernet Maintenance as an item that can be obtained from only one source from Wavemedia, Inc. for various departments. Local Gov't Code §262.024(a)(7)(A). 2. Approve the following Change Order: CO #2 to Angel Brothers Enterprises, LTD. for Project# 18-49 Elan Boulevard Widening for final project quantities in the amount of $7,817.25 for Commissioner Precinct 3. 3. Approve advertising for Paving and Traffic Signal Improvements along SH 242 from Gosling Road to Honor Roll Drive for Commissioner Precinct 2. 4. Approve the renewal options for: a. Project #18-62 Bulk Road Materials with Vulcan Materials Company and Century Asphalt LTD for various precincts. (exercising the first of four renewal options). b. Project #2009-0111 Operation/Management Services of a Secure Forensic Mental Health Treatment Facility with Wellpath Recovery Solutions, LLC, f/k/a Correct Care, LLC d/b/a CCRS of Texas, LLC and approve 3rd Amendment to said agreement for purposes of legal name change. E. COMMISSIONERS 1. PRECINCT 4 a. Consider and accept check #55111 from Meals on Wheels Montgomery County in the amount of $611.20 for the purchase of fuel for July 2019. This will be deposited into line item number 615-7926. F. COMMISSIONERS - COUNTY ENGINEER 1. PRECINCT 1 a. Approve setting a public hearing date of October 8, 2019 to consider and approve posting a 50 mph speed limit on Longstreet Road from the IH-45 Southbound Service Road to Snow Lane. b. Consider and approve the final plat of Emerald Lakes, Section 3 Partial Replat No. 1. 2. PRECINCT 2 a. Consider and approve acceptance of roads in Woodforest Deerbourne Ridge Drive Extension & Taylor Crossing Street Dedication into the county road maintenance system and release the bond. b. Consider and approve acceptance of roads in Woodforest, Section 66 into the county road maintenance system and release the bond. c. Consider and approve acceptance of roads in Woodforest, Section 99 into the county road maintenance system and release the bond. d. Consider and approve the final plat of High Meadow Estates, Section Seven. e. Consider and approve the acceptance of the roads in Mostyn Springs Subdivision, Section 2 into the one-year maintenance period. f. Approve setting a public hearing date of October 8, 2019 to consider and approve changing the street name Black Oak Drive to Black Oak Lane in Valleywood Acres Subdivision. g. Consider and approve the final plat of Pine Market At Woodforest, Section 1. 3. PRECINCT 3 a. Consider and approve the final plat of Harmony Village, Sec. 2. 4. PRECINCT 4 a. Consider and approve an Agreement to Contribute Right of Way funds for right of way improvements to Hwy 105 from FM 1484 to San Jacinto County line with Texas Department of Transportation and authorize Judge Mark Keough to sign all related paperwork. Funding source will be 6154015-7598582-RD400117. b. Consider and approve the acceptance of the roads in Speed Street street dedication into the one-year maintenance period. c. Consider and approve acceptance of roads in Brookwood Forest, Section 6 into the county road maintenance system and release the bond. d. Approve setting a public hearing date of October 8, 2019 to consider and approve posting a 30 mph speed limit on roads in the Heritage Oaks Subdivision. e. Consider and approve the final plat of Northpark Woods Recreation Center. f. Consider and approve the final plat of Northpark Woods, Sec. 1. G. HUMAN RESOURCES 1. Consider and accept payroll change request forms. H. ENVIRONMENTAL HEALTH 1. Consider and approve a request for the Order Assessing Cost of Abating Nuisance and Notice of Lien to be filed in real property records to recover cost to the county for demolition for abate nuisance: 16627 Eastchase St., Montgomery, Texas 77316 2. Consider and approve a request for demolition on the following property that is abandoned, deemed unsafe, or unlivable: Precinct 2 18702 Turtle Creek Lane, Magnolia, Texas 77355 Estimated total cost: $4,200 Funded by: CDBG 3. Consider and approve a request for demolition on the following property that is abandoned, deemed unsafe, or unlivable: Precinct 2 16106 S. Ravenswood Dr., Magnolia, Texas 77354 Estimated total cost: $3,800 Funded by: CDBG 4. Consider and approve a request for demolition on the following property that is abandoned, deemed unsafe, or unlivable: Precinct 1 11990 Nelwood St., Willis, Texas 77318 Estimated total cost: $3,600 Funded by CDBG I. COUNTY JUDGE 1. Consider, discuss and approve the appointments of Steven Earl, Rebecca Smith, Leland Dushkin, Jessica Jones, and Jerry Nash to the CPS Board. These appointments will bring the total board membership to 11 members. This action will complete the board with a full membership of board members. J. FIRE MARSHAL 1. Consider and approve Memorandum of Agreement Between the Bureau of Alcohol, Tobacco, Firearms and Explosives and Montgomery County Fire Marshal's Office for reimbursement of overtime salary costs associated with ATF Task Force. Authorize Jimmy Williams to sign on behalf of Montgomery County. K. COUNTY ATTORNEY 1. PRECINCT 1 a. Consider and accept fully executed Interlocal Agreement between Montgomery County Municipal Utility District No. 9 of Montgomery County, Texas and Montgomery County, Texas for the widening of Walden Road previously approved in court on April 23, 2019. b. Approve Resolution and Order authorizing settlement of Parcel 79 of the FM 1097 Road Project. c. Approve Resolution and Order authorizing funding of Actual Moving Expenses for Parcel 79-R05 (T) of the FM 1097 Road Project. d. Approve Resolution and Order to Pay for acquisition of Parcel 214A of the FM 1097 Road Expansion Project. 2. PRECINCT 2 a. Approve Resolution and Order authorizing funding of Title Policy Fees for Denina Parcels, Alphro, Inc., A Texas Corporation of the SH 249 Road Project. b. Approve Resolution and Order authorizing funding of Title Policy Fees for Denina Parcels, Co Fam, L.L.C. of the SH 249 Road Project. c. Approve Resolution and Order authorizing funding of Title Policy Fees for Denina Parcels, PIT 249, L.L.C. of the SH 249 Road Project. d. Approve Order to Release Lien and Acknowledge Receipt of Check for Lot 2, Block 3, Replat of Mosswood Section 1. e. Approve Order Accepting Manassas Ct., Richmond Ct., Augusta Park, Peach Tree Park, Appomattox Drive, Atlanta Park, Oakland Lane, and South Carolina Park in River Plantation Subdivision into the County Maintenance System upon finding of Prescriptive Right and Agreement for Road Acceptance and Repair and Accepting Donation for Road Repair. 3. PRECINCT 4 a. Approve Resolution and Order to pay for acquisition of Parcel 91 for Sorters Road Project. b. Approve Order accepting Sheila Street into the County Maintenance System Based upon Finding of Prescriptive Right. c. Consider and approve request to rescind January 29, 2019 approval of the Royal Brook at Kingwood Section 15 plat and authorize County Clerk to release all mylars and Bond with Surety No. 1073169 to the Montgomery County Attorney’s Office. M. COMMUNITY DEVELOPMENT 1. Consider and accept check No. 5895 in the amount of $3,519.23 from Providence Title Company, for the payoff and release of lien for property located at 19940 Northstar Drive, Porter, TX 77365. Property was part of the HOME Down Payment Assistance Program (IDIS # 477) and the loan is now satisfied. N. GRANTS 1. Consider and approve the Fund for Veterans Assistance (FVA) grant deobligation in the amount of $781.70 for Veterans Treatment Court Fiscal Year 2018-2019. END OF CONSENT
Consideration of Consent Agenda
A. AUDITOR 1. Consider and accept the report that complies with Local Government Code Section 114.024. L. COUNTY ATTORNEY - MENTAL HEALTH TREATMENT FACILITY 1. Approve Amendment No. 3 to HHSC Contract No. 2016-048567-001 providing for biennial appropriation from the State of Texas and authorize and/or ratify B. D. Griffin to execute the amendment on behalf of Montgomery County through DocuSign or other means of electronic execution of documents.
COUNTY JUDGE A. Consider, discuss and approve Montgomery County's continuation of Bingo Prize Fee collections in compliance with H.B. 914. Authorize Judge Keough to sign compliance forms, vote verification documents, and any and all related documents to effectuate same.
FIRE MARSHAL A. Consider, discuss and take appropriate action regarding creation of an order prohibiting outdoor burning in unincorporated areas of Montgomery County in accordance with Local Government Code 352.081.
COUNTY AUDITOR A. Consider and approve Payment of Accounts.
PURCHASING A. Approve the following Change Order (CO): CO #1 to Total Team Construction, LLC. for Project #19-17 Montgomery County Youth Services Buildings Renovation for additional items for an increase of $119,310 for Montgomery County Community Development. B. Consider and approve contract for Professional Design Services with PGAL, Inc. for the Montgomery County Forensic Center in the amount of $1,140,900 and Reimbursable Expenses not-to-exceed $50,000 pursuant to Project# 18-64 previously approved in Commissioners Court on 10/23/2018. C. Take all appropriate action to consider and approve the contract with the following highly qualified provider per Government Code Chapter 2254 for Architectural and Engineering Design Services for the Montgomery County Sheriff's Substation from PGAL, Inc. in the amount of $280,000 and specified additional services not-to-exceed $77,500 for Sheriff's Office.
15. 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. Consider and discuss Case No. 4:19-cv-02733. 16. TAKE ACTION ON MATTERS IN EXECUTIVE SESSION
17. CITIZENS 19. 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. Presentation of Employee of the Month - September 2019.
COUNTY CLERK A. Consider and approve correction to the August 13, 2019 Commissioners Court Minutes as follows: DID READ: 11. REQUEST APPROVED – DATE AND TIME SET – ELECTIONS Motion by Commissioner Meador, seconded by Commissioner Riley, to approve the date of November 5, 2019 at 8:00 a.m. to conduct the canvass of the November 5, 2019 Constitutional Amendment Election. Motion carried. SHOULD READ: 11. REQUEST APPROVED – DATE AND TIME SET – ELECTIONS Motion by Commissioner Meador, seconded by Commissioner Riley, to approve the date of November 15, 2019 at 8:00 a.m. to conduct the canvass of the November 5, 2019 Constitutional Amendment Election. Motion carried. B. Consider and approve Commissioners Court minutes from Regular Session dated August 27, 2019, as submitted.
CONSENT AGENDA (ONE MOTION WITH MODIFICATIONS, IF APPLICABLE, APPROVES FOR ACTION, ALL ITEMS CONTAINED WITHIN THE CONSENT AGENDA). A. AUDITOR 2. Consider and accept report of officials’ fees, as audited for January, February, and March 2019. 3. Consider and accept the report that complies with Local Government Code Section 114.023. B. BUDGET OFFICE 1. Memorialize previous actions taken on changes to the Fiscal Year 2019 Budget in prior Commissioners Court meetings. 2. Consider, approve, and authorize transfer, adjustment, and amendments for special revenue departments and general fund departments. 3. Consider, approve, and authorize the line item transfers and adjustments for FY 2019 Budget according to Budget Policy. 4. Consider, approve, and authorize adjustments and amendments for Grant Departments. C. TREASURER 1. Consider and accept the Investments Matured Report 08-30-19. 2. Consider and accept the Investments Purchased Report 08-30-19. 3. Consider and approve a remodeling project for County Treasurer’s Office, to move a wall to create more usable space. Building maintenance already has supplies and materials, therefore no additional costs are required. No change to the FY 2019 or FY 2020 budget. D. PURCHASING 1. Approve granting a Discretionary Exemption for Dark Fiber & Gigabit Ethernet Maintenance as an item that can be obtained from only one source from Wavemedia, Inc. for various departments. Local Gov't Code §262.024(a)(7)(A). 2. Approve the following Change Order: CO #2 to Angel Brothers Enterprises, LTD. for Project# 18-49 Elan Boulevard Widening for final project quantities in the amount of $7,817.25 for Commissioner Precinct 3. 3. Approve advertising for Paving and Traffic Signal Improvements along SH 242 from Gosling Road to Honor Roll Drive for Commissioner Precinct 2. 4. Approve the renewal options for: a. Project #18-62 Bulk Road Materials with Vulcan Materials Company and Century Asphalt LTD for various precincts. (exercising the first of four renewal options). b. Project #2009-0111 Operation/Management Services of a Secure Forensic Mental Health Treatment Facility with Wellpath Recovery Solutions, LLC, f/k/a Correct Care, LLC d/b/a CCRS of Texas, LLC and approve 3rd Amendment to said agreement for purposes of legal name change. E. COMMISSIONERS 1. PRECINCT 4 a. Consider and accept check #55111 from Meals on Wheels Montgomery County in the amount of $611.20 for the purchase of fuel for July 2019. This will be deposited into line item number 615-7926. F. COMMISSIONERS - COUNTY ENGINEER 1. PRECINCT 1 a. Approve setting a public hearing date of October 8, 2019 to consider and approve posting a 50 mph speed limit on Longstreet Road from the IH-45 Southbound Service Road to Snow Lane. b. Consider and approve the final plat of Emerald Lakes, Section 3 Partial Replat No. 1. 2. PRECINCT 2 a. Consider and approve acceptance of roads in Woodforest Deerbourne Ridge Drive Extension & Taylor Crossing Street Dedication into the county road maintenance system and release the bond. b. Consider and approve acceptance of roads in Woodforest, Section 66 into the county road maintenance system and release the bond. c. Consider and approve acceptance of roads in Woodforest, Section 99 into the county road maintenance system and release the bond. d. Consider and approve the final plat of High Meadow Estates, Section Seven. e. Consider and approve the acceptance of the roads in Mostyn Springs Subdivision, Section 2 into the one-year maintenance period. f. Approve setting a public hearing date of October 8, 2019 to consider and approve changing the street name Black Oak Drive to Black Oak Lane in Valleywood Acres Subdivision. g. Consider and approve the final plat of Pine Market At Woodforest, Section 1. 3. PRECINCT 3 a. Consider and approve the final plat of Harmony Village, Sec. 2. 4. PRECINCT 4 a. Consider and approve an Agreement to Contribute Right of Way funds for right of way improvements to Hwy 105 from FM 1484 to San Jacinto County line with Texas Department of Transportation and authorize Judge Mark Keough to sign all related paperwork. Funding source will be 6154015-7598582-RD400117. b. Consider and approve the acceptance of the roads in Speed Street street dedication into the one-year maintenance period. c. Consider and approve acceptance of roads in Brookwood Forest, Section 6 into the county road maintenance system and release the bond. d. Approve setting a public hearing date of October 8, 2019 to consider and approve posting a 30 mph speed limit on roads in the Heritage Oaks Subdivision. e. Consider and approve the final plat of Northpark Woods Recreation Center. f. Consider and approve the final plat of Northpark Woods, Sec. 1. G. HUMAN RESOURCES 1. Consider and accept payroll change request forms. H. ENVIRONMENTAL HEALTH 1. Consider and approve a request for the Order Assessing Cost of Abating Nuisance and Notice of Lien to be filed in real property records to recover cost to the county for demolition for abate nuisance: 16627 Eastchase St., Montgomery, Texas 77316 2. Consider and approve a request for demolition on the following property that is abandoned, deemed unsafe, or unlivable: Precinct 2 18702 Turtle Creek Lane, Magnolia, Texas 77355 Estimated total cost: $4,200 Funded by: CDBG 3. Consider and approve a request for demolition on the following property that is abandoned, deemed unsafe, or unlivable: Precinct 2 16106 S. Ravenswood Dr., Magnolia, Texas 77354 Estimated total cost: $3,800 Funded by: CDBG 4. Consider and approve a request for demolition on the following property that is abandoned, deemed unsafe, or unlivable: Precinct 1 11990 Nelwood St., Willis, Texas 77318 Estimated total cost: $3,600 Funded by CDBG I. COUNTY JUDGE 1. Consider, discuss and approve the appointments of Steven Earl, Rebecca Smith, Leland Dushkin, Jessica Jones, and Jerry Nash to the CPS Board. These appointments will bring the total board membership to 11 members. This action will complete the board with a full membership of board members. J. FIRE MARSHAL 1. Consider and approve Memorandum of Agreement Between the Bureau of Alcohol, Tobacco, Firearms and Explosives and Montgomery County Fire Marshal's Office for reimbursement of overtime salary costs associated with ATF Task Force. Authorize Jimmy Williams to sign on behalf of Montgomery County. K. COUNTY ATTORNEY 1. PRECINCT 1 a. Consider and accept fully executed Interlocal Agreement between Montgomery County Municipal Utility District No. 9 of Montgomery County, Texas and Montgomery County, Texas for the widening of Walden Road previously approved in court on April 23, 2019. b. Approve Resolution and Order authorizing settlement of Parcel 79 of the FM 1097 Road Project. c. Approve Resolution and Order authorizing funding of Actual Moving Expenses for Parcel 79-R05 (T) of the FM 1097 Road Project. d. Approve Resolution and Order to Pay for acquisition of Parcel 214A of the FM 1097 Road Expansion Project. 2. PRECINCT 2 a. Approve Resolution and Order authorizing funding of Title Policy Fees for Denina Parcels, Alphro, Inc., A Texas Corporation of the SH 249 Road Project. b. Approve Resolution and Order authorizing funding of Title Policy Fees for Denina Parcels, Co Fam, L.L.C. of the SH 249 Road Project. c. Approve Resolution and Order authorizing funding of Title Policy Fees for Denina Parcels, PIT 249, L.L.C. of the SH 249 Road Project. d. Approve Order to Release Lien and Acknowledge Receipt of Check for Lot 2, Block 3, Replat of Mosswood Section 1. e. Approve Order Accepting Manassas Ct., Richmond Ct., Augusta Park, Peach Tree Park, Appomattox Drive, Atlanta Park, Oakland Lane, and South Carolina Park in River Plantation Subdivision into the County Maintenance System upon finding of Prescriptive Right and Agreement for Road Acceptance and Repair and Accepting Donation for Road Repair. 3. PRECINCT 4 a. Approve Resolution and Order to pay for acquisition of Parcel 91 for Sorters Road Project. b. Approve Order accepting Sheila Street into the County Maintenance System Based upon Finding of Prescriptive Right. c. Consider and approve request to rescind January 29, 2019 approval of the Royal Brook at Kingwood Section 15 plat and authorize County Clerk to release all mylars and Bond with Surety No. 1073169 to the Montgomery County Attorney’s Office. M. COMMUNITY DEVELOPMENT 1. Consider and accept check No. 5895 in the amount of $3,519.23 from Providence Title Company, for the payoff and release of lien for property located at 19940 Northstar Drive, Porter, TX 77365. Property was part of the HOME Down Payment Assistance Program (IDIS # 477) and the loan is now satisfied. N. GRANTS 1. Consider and approve the Fund for Veterans Assistance (FVA) grant deobligation in the amount of $781.70 for Veterans Treatment Court Fiscal Year 2018-2019. END OF CONSENT
Consideration of Consent Agenda
A. AUDITOR 1. Consider and accept the report that complies with Local Government Code Section 114.024. L. COUNTY ATTORNEY - MENTAL HEALTH TREATMENT FACILITY 1. Approve Amendment No. 3 to HHSC Contract No. 2016-048567-001 providing for biennial appropriation from the State of Texas and authorize and/or ratify B. D. Griffin to execute the amendment on behalf of Montgomery County through DocuSign or other means of electronic execution of documents.
COUNTY JUDGE A. Consider, discuss and approve Montgomery County's continuation of Bingo Prize Fee collections in compliance with H.B. 914. Authorize Judge Keough to sign compliance forms, vote verification documents, and any and all related documents to effectuate same.
FIRE MARSHAL A. Consider, discuss and take appropriate action regarding creation of an order prohibiting outdoor burning in unincorporated areas of Montgomery County in accordance with Local Government Code 352.081.
COUNTY AUDITOR A. Consider and approve Payment of Accounts.
PURCHASING A. Approve the following Change Order (CO): CO #1 to Total Team Construction, LLC. for Project #19-17 Montgomery County Youth Services Buildings Renovation for additional items for an increase of $119,310 for Montgomery County Community Development. B. Consider and approve contract for Professional Design Services with PGAL, Inc. for the Montgomery County Forensic Center in the amount of $1,140,900 and Reimbursable Expenses not-to-exceed $50,000 pursuant to Project# 18-64 previously approved in Commissioners Court on 10/23/2018. C. Take all appropriate action to consider and approve the contract with the following highly qualified provider per Government Code Chapter 2254 for Architectural and Engineering Design Services for the Montgomery County Sheriff's Substation from PGAL, Inc. in the amount of $280,000 and specified additional services not-to-exceed $77,500 for Sheriff's Office.
15. 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. Consider and discuss Case No. 4:19-cv-02733. 16. TAKE ACTION ON MATTERS IN EXECUTIVE SESSION
17. CITIZENS 19. COURT ADJOURNS