NOTICE OF MEETING
FORT BEND COUNTY COMMISSIONERS COURT
SECOND FLOOR, FORT BEND COUNTY COURTHOUSE
401 JACKSON STREET, RICHMOND, TEXAS
TUESDAY, FEBRUARY 2, 2016
1:00 P.M.


AGENDA
             
1. Call to Order.
 
2.

Invocation and Pledges of Allegiance by Commissioner Andy Meyers.          

 
3. Approve minutes of regular meeting held on January 26, 2016.          
 
4. Public Comments regarding the Agenda and Announcements.
 
5. PUBLIC HEARINGS:  1:00 p.m.:  Conduct Public Hearings and take all appropriate action on the following matters:
 
A.   Acceptance of the traffic control plan for Long Meadow Farms, Section 29, and  James Long Parkway Street Dedication, Section 2, Precincts 3 and 4.
 
B.   Acceptance of the traffic control plans for Lost Creek at Riverstone, Section 1 and Shadow Glen at Riverstone, Section 6, Precinct 4.
 
CONSENT AGENDA ITEMS 6 - 19:
 
6.

OUT-OF-STATE TRAVEL:   Approve out-of-state travel requests for County personnel:

 
A.   Behavioral Health Services: Connie Almeida to New Orleans, Louisiana, February 24-28, 2016, to attend Contemporary Issues in Forensic Psychology training. (Fund: Behavioral Health Services, Travel)
 
B.   Library:  Monique Franklin and Elizabeth Bullard to Orlando, Florida, June 22-29, 2016, to attend the American Library Association 2016 Conference. (Fund:  Library, Travel)
 
C.   Library:  Janna Raven, Melissa Salnave, and Megan Moore to Denver, Colorado, April 6-11, 2016, to attend the Public Library Association 2016 Conference. (Fund: Library, Travel)
 
D.   Public Transportation: Tennille Jones and James Hoss to Memphis, Tennessee, March 15-18, 2016, to attend National Transit Database (Urban Reporting) training. (Fund:  Public Transportation, Grants)
 
E.   Sheriff's Office: A. Pascual and P. Yates to Florence, Kentucky, February 20-24, 2016, to attend Maverick Mapping Training. (Fund: Sheriff, Enforcement, Travel)
 
F.   Sheriff's Office: R. Frazier and A. Pascual, to San Diego, California, February 28 - March 2, 2016, to attend 2016 TriCON mobile device training. (Fund: Sheriff, Enforcement, Travel)
 
G.   Sheriff's Office: J. Pannell to Kaplan, Louisiana, March 7-9, 2016, June 13-15, 2016, September 19-21, 2016, and December 12-14, 2016 for US K-9 Quarterly Training. (Fund: Sheriff, Forfeited Assets, Federal)
 
H.   Sheriff's Office: D. Tondera and T. Mangum to Kaplan, Louisiana, March 7-9, 2016, June 13-15, 2016, September 19-21, 2016, and November 14-16, 2016, for US K-9 Quarterly Training. (Fund: Sheriff, Forfeited Assets, Federal)
 
I.   Sheriff's Office: J. Clark to Lake Mary, Florida, April 24-May 7, 2016, to attend forensic examiner training by the International Association of Computer Investigative Specialists. (Fund: Sheriff, Forfeited Assets, Federal, Travel)
 
7. COUNTY JUDGE:
 
  Approve the reappointment of Bobby Slavinski to represent Commissioners Court as a member of the Civil Service Commission to administer the Fort Bend County Sheriff's Office Civil Service System, pursuant to Texas Local Government Code Section 158.034, for a two year term commencing February 15, 2016.
 
             
8. COMMISSIONER, PCT. 1:
 
  Approve the appointment of Dan Kelleher to the Fort Bend County Historical Commission effective through December 31, 2016.
 
9. COMMISSIONER, PCT. 4:
 
  Approve the appointment of Ernie Croucher to the Fort Bend County Historical Commission for a term effective through December 31, 2016.
 
10. BUDGET TRANSFERS:
 
A.   268th District Court: Approve FY 2016 transfer in the amount of $5,320 from Capital Acquisitions into Property and Equipment to allocate funds for copier into correct account for expenditure.
 
B.   Associate County Court at Law: Approve FY 2016 transfer in the amount of $1,000 from Salaries into Temporary/Part-Time to allocate funds for temporary assistance until the Court Coordinator position is filled.
 
C.   Auditor: Approve FY 2015 transfer in the amount of $3,317,870 as detailed on Auditor's form dated January 26, 2016 to allocate fiscal year 2015 surplus funds to cover deficits in department budgets and transfer remaining surplus into Commissioners Court Projects.
 
D.   Auditor: Approve FY 2016 transfer in the amount of $4,653 as detailed on Auditor's form dated January 22, 2016, to close out completed Jail Repair Project and reallocate remaining funds into Commissioners Court Projects account.
 
E.   Auditor:  Approve FY 2016 transfer in the amount of $6,739 as detailed on Auditor's form dated January 22, 2016, to close completed Fairgrounds Renovations projects from 2013 and 2015 and reallocate remaining funds into Commissioners Court Projects account.
 
F.   Budget Office: Approve FY 2016 transfer in the amount of $590,631 as detailed on Budget Director's form dated January 25, 2016 pursuant to FY 2016 First Quarter Salary Audit.
 
G.   Public Transportation: Approve FY 2015 transfer in the amount of $94,866 as detailed on Director’s from dated January 27, 2016 to allocate the County’s match for FY 2015 Section 5311 federal funding of rural transportation, as authorized by Commissioners Court on September 8, 2015.
 
H.   Road & Bridge: Approve FY 2015 transfer in the amount of $2,300,000 as detailed on Auditor's form dated January 26, 2016 to allocate surplus fiscal year 2015 funds into Road & Bridge Projects.
 
I.   Road & Bridge:  Approve FY 2016 transfer in the amount of $106, 253 as detailed on Budget Director's form dated January 25, 2016, pursuant to FY 2016 First Quarter Salary Audit.
 
J.   Sheriff's Office:  Approve FY 2016 transfer in the amount of $3,900 from Forfeited Assets, Federal, Contingency, into Information Technology, to allocate funds for the purchase of camera and audio equipment for the public information officer.
 
11. COMMUNITY DEVELOPMENT:
 
  Set public hearing to receive comments regarding the housing and community development needs of low- and moderate-income persons in Fort Bend County for the FY 2016 Consolidated Annual Action Plan, to be conducted on Tuesday, March 1, 2016 at 1:00 p.m. in the Fort Bend County Commissioners Courtroom, 2nd Floor, 401 Jackson Street, Richmond, Texas.
 
12. CONSTABLE, PCT. 4:
 
  Record into Minutes the 2015 Racial Profiling Report, Tier 1, for the Office of Constable, Precinct 4, pursuant to the Code of Criminal Procedure, Articles 2.131-2.138.
 
13. COUNTY ATTORNEY:
 
  Record into Minutes the Annual Report of Eminent Domain Authority, dated January 26, 2016, as required under Senate Bill 1812, detailing the authority of Fort Bend County to exercise the power of Eminent Domain in Texas.
 
             
14. DISTRICT ATTORNEY:
 
  Record into Minutes the reappointment by John Healey, District Attorney, of Robert Gracia to serve as the District Attorney's appointee to the Fort Bend County Sheriff's Office Civil Service Commission, pursuant to Texas Local Government Code Sec. 158.034, for a two year term commencing February 15, 2016.
 
15. ENGINEERING:
 
A.   Approve payment of Invoice No. 15-10-000194 in the amount of $6,342.37 to Geotech Engineering & Testing for construction materials testing services regarding Golfview Drive, Mobility Bond Project No. 709, Precinct 1. (Fund: 2007 Mobility Bonds)
 
B.   Approve payment of Invoice No. 5284 in the amount of $5,895.00 to Property Acquisition Services for right of way services regarding Mobility Bond Projects within Precincts 1 and 4. (Fund: Right of Way)
 
C.   Approve payment of Invoice No. 3024400103 in the amount of $44,646.87 to Huitt-Zollars for professional engineering services regarding Old Needville-Fairchild Road, Mobility Bond Project No. 13109, Precinct 1. (Fund: 2013 Mobility Bonds)
 
D.   Approve payment of Invoice No. 459301/46/II in the amount of $144,472.04 to Dannenbaum Engineering Corp. for professional engineering services regarding FM 1093/Westpark Extension, Precinct 3. (Fund: Toll Road Revenue Bonds, Series 2016)
 
E.   Approve payment of Invoice No. 2794 in the amount of $40,450.15 to CivilCorp for professional engineering services regarding Katy Flewellen Road, Mobility Bond Project No. 13316, Precinct 3. (Fund: 2013 Mobility Bonds)
 
F.   Approve payment of Invoice No. 779-002-03 in the amount of $29,620.20 to TSC Engineering for professional engineering services regarding Crossover Road, Mobility Bond Project No. 13307, Precinct 3. (Fund: 2013 Mobility Bonds)
 
G.   Approve payment of Invoice No. 12913004 in the amount of $43,400.00 to Gulf South Pipeline for reimbursement of preliminary engineering expenses regarding FM 1093/Westpark Extension, Precinct 3. (Fund: Toll Road Revenue Bonds, Series 2016)
 
H.   Approve payment of Invoice No. 251227 in the amount of $84,119.26 to Cobb Fendley & Associates, Inc. for professional engineering expenses regarding Gaston Road, Segment 1, Mobility Bond Project No. 13311, Precinct 3. (Fund: 2013 Mobility Bonds)
 
I.   Approve application from Consolidated Communications to place aerial cable along Williams School Road, Permit No. 2016-5054, Precinct 1.
 
J.   Approve application from No Worries Service / Giovanni Coquis to construct a driveway on River Ranch South Drive, Permit No. 2016-5134, Precinct 1. 
 
K.   Approve release of performance bond no. TX822687 in the amount of $5,000 to Slate Construction for completion of work on 4330 South Drive, Permit No. 2015-2257, Precinct 1.
 
L.   Approve application from Devon Street Homes to construct a driveway at 102 Honeysuckle Vine Drive, Permit No. 2016-5121, Precinct 1.
 
M.   Approve release of performance bond no. LPM9177637 in the amount of $5,000 to Lischka Utilities, LLC for completion of work on Beechnut Road, Permit No. 84765, Precinct 4. 
 
N.   Approve the plat for Via Mazzini Way Reserve Sec. 1, Precinct 3.
 
O.   Approve the plat for Vadtal Dham Shree Swaminarayan Hindu Temple, Precinct 4.
 
P.   Approve the plat for Marshall Oaks Sec. 2 Partial Replat No. 1, Precinct 3.
 
Q.   Approve the plat for LJ Parkway Street Dedication Plat Phase 8, Precinct 4.
 
R.   Approve plat for the roads within Silver Ranch, Sec. 13, Precinct 3.
 
S.   Approve the plat for the lots within Silver Ranch, Sec. 13, Precinct 3.
 
T.   Approve plat for the roads within Avalon at Riverstone, Section Twenty-Four-A, Precinct 1.
 
U.   Approve plat for the lots within Avalon at Riverstone, Section Twenty-Four-A, Precinct 1.
 
V.   Set public hearing for Nijadhar Development being a replat, Precinct 4. (Tuesday, March 8, 2016, at 1:00 p.m.)
 
16. FIRE MARSHAL:
 
  Approve Memorandum of Understanding between Bureau of Alcohol, Tobacco, Firearms and Explosives and Fort Bend County.
 
17. HUMAN RESOURCES:
 
  Approve the rehire of former employee #1006111, who terminated employment on August 9, 2013 and will be rehired effective February 8, 2016. 
 
18. SHERIFF'S OFFICE:
 
A.   Approve Amendment to Professional Services Agreement between Fort Bend County and William Stephens dba Osprey Research Corporation to increase the monthly salary of Intelligence/Training Coordinator based on the availability of additional grant funds from the Office of National Drug Control Policy effective January 1, 2016 through the remainder of the Agreement. (Fund: High Intensity Drug Trafficking Area Program Grant)
 
B.   Approve Amendment to Professional Services Agreement between Fort Bend County and Bryan Smith dba BPS Professional Services to increase the monthly salary of Deputy Director based on the availability of additional grant funds from the Office of National Drug Control Policy effective January 1, 2016 through the remainder of the Agreement. (Fund: High Intensity Drug Trafficking Area Program Grant)
 
C.   Record into Minutes the Agreement for Jail Chaplaincy Services between Jail Chaplaincy Ministries, Inc. and the Fort Bend County Sheriff's Office. (Fund:  Sheriff's Office, Commissary)
 
D.   Approve renewal of the Agreement for Adult Basic Education Services between Fort Bend County and Wharton County Junior College.
 
             
19. TAX ASSESSOR/COLLECTOR:
 
  Approve refunds over $500 detailed in Tax Assessor/Collector's report submitted on January 27, 2016, for an amount totaling $3,378.27 for the Office of Patsy Schultz.
 

 
20. COMMISSIONER, PCT. 2:
 
  Take all appropriate action on Joint Petition for Disannexation to disannex a certain 33.07 acre tract of land owned by Sienna/Johnson North, L.P., so as to be situated outside the boundaries of the City of Missouri City, Texas.
 
21. ENGINEERING:
 
A.   Take all appropriate action on Right of Entry documents permitting contractors working on behalf of Texas Department of Transportation to enter upon county-owned property to conduct a survey along FM 2218 from US 59 to SH 36 in Fort Bend County, Precinct 1.
 
B.   Take all appropriate action on Amendment to Interlocal Agreement between Fort Bend County and Fort Bend County Municipal Utility District No. 57 for Pine Mill Ranch Pedestrian Crossings, to include an additional crossing at no cost to the County, Precinct 3.
 
C.   Take all appropriate action to correct the amount previously authorized by Commissioners Court on December 15, 2015 as Agenda Item 26B; for a total not to exceed $566,423.09, under the Standard Utility Agreement between Fort Bend County and Comcast regarding FM 1093/Westpark Extension, Mobility Bond Project 748, Precinct 3. (Fund: 2007 Mobility Bonds)
 
22. HUMAN RESOURCES:
 
  Take all appropriate action on revisions to the Employee Information Manual, as submitted by Human Resources, specifically Policy 507, Holidays.
 
             
23. PARKS DEPARTMENT:
 
  Take all appropriate action on request to transfer $405 from Commissioners Court Projects as detailed on Auditor's form dated January 22, 2016 to allocate funds to cover the budget shortfall in the 2014 Freedom Park Storage Project account.
 
24. PUBLIC TRANSPORTATION:
 
A.   Take all appropriate action on Project Grant Agreement between Texas Department of Transportation and Fort Bend County for FY 2013 Section 5311 Federal Funding of Rural Transportation in the amount of $177,657 with $141,567 in local match; and authorize the County Judge to sign all documents pertaining to the Agreement.  (Fund:  Public Transportation, Grants)
 
B.   Take all appropriate action on request to transfer the amount of $141,657 as detailed on Director's form dated January 28, 2016, to allocate funds for the County's match to the Agreement with Texas Department of Public Transportation for FY 2013 Section 5311 Federal Funding of Rural Transportation.
 
25. PURCHASING:
 
A.   Take all appropriate action on Agreement for Construction of Sheriff's Office Vocational Building #2 between Fort Bend County and Crain Group, LLC in an amount not to exceed $236,000 pursuant to RFP 16-040. (Fund: Capital Improvement Project)
 
B.   Take all appropriate action on request to purchase two (2) Tahoe vehicles, replacements to fleet, for Juvenile, from Classic Chevrolet, pursuant to Bid 16-024.  (Fund:  Juvenile)
 
C.   Take all appropriate action on Agreement for Professional Architectural and Engineering Services between Fort Bend County and Merriman Holt Powell Architects, Inc. in an amount not to exceed $415,460 for an addition to and renovation of the existing Missouri City Branch Library.  (Fund:  Capital Improvement Project)
 
26. Approve Bills.
 
             
27. Meet in Closed Session to deliberate the following matters as authorized by the Texas Government Code:
 
A.
§ 551.071. Consultation With Attorney. Commissioners Court will meet in Closed Session to seek the advice of its attorney about pending or contemplated litigation; a settlement offer; or on a matter in which the duty of the attorney to Commissioners Court under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Texas Government Code Chapter 551.
 
1.   Harold Mathis vs. Fort Bend County, Texas; Case No. 14-DCF-213284 in the 400th Judicial District Court of Fort Bend County, Texas.
 
2.   Hartman Newspapers, LP d/b/a Fort Bend Herald and Texas Coaster vs.Troy E. Nehls, Sheriff, and Fort Bend County, Texas, Cause No. 15-DCV-225813  In the District Court of Fort Bend County, Texas, 240th Judicial District.
 
3.   Texas Statutes: Penal Code Chapter 46, Labor Code Chapter 52 and Government Code Chapter 411; Texas House Bill 910, Texas Senate Bill 273 and Texas Attorney General Opinions KP-0047, 0049.
 
B.
§ 551.072. Deliberation Regarding Real Property. Commissioners Court will meet in Closed Session to deliberate the purchase, exchange, lease or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person.
 
1.   Acquisition of Real Property: 0.80 acre tract of land near downtown Richmond, Texas, Precinct 1.
 
2.   Acquisition of Real Property - HCCS Missouri City - Sienna Facility, Precinct 2.
 
28. Reconvene Open Session and consider taking action on the following matters:
 
A. § 551.071. Consultation With Attorney.
 
1. Harold Mathis vs. Fort Bend County, Texas; Case No. 14-DCF-213284 in the 400th Judicial District Court of Fort Bend County, Texas.
 
2. Hartman Newspapers, LP d/b/a Fort Bend Herald and Texas Coaster vs.Troy E. Nehls, Sheriff, and Fort Bend County, Texas, Cause No. 15-DCV-225813  In the District Court of Fort Bend County, Texas, 240th Judicial District.
 
3. Texas Statutes: Penal Code Chapter 46, Labor Code Chapter 52 and Government Code Chapter 411; Texas House Bill 910, Texas Senate Bill 273 and Texas Attorney General Opinions KP-0047, 0049.
 
B. § 551.072. Deliberation Regarding Real Property.
 
1. Acquisition of Real Property: 0.80 acre tract of land near downtown Richmond, Texas, Precinct 1.
 
2. Acquisition of Real Property - HCCS Missouri City - Sienna Facility, Precinct 2.
 
29. Adjournment.
 
In the event any of the foregoing items are not covered in the time allocated on the date of this agenda, the County may order a continuance for the next day until the discussion is completed on all items.
 
Signature stamped in County Judge's Office
Filed with County Clerk @ 3:01 p.m.
___________________________________
Robert E. Hebert, County Judge


 
Notice of meeting/agenda was filed with the County Clerk on Friday, January 29, 2016. An electronic version of this notice is also posted on the Fort Bend County website: www.fortbendcountytx.gov under Commissioners Court and under Legal Notices.
 
NOTICE
Policy of Non-Discrimination on the Basis of Disability
Fort Bend County does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its programs or activities. The County’s ADA Coordinator is the Director of Facilities Management & Planning, located at 301 Jackson Street, Suite 301, in Richmond, Texas, 77469, telephone 281-633-7045. The Director of Facilities Management & Planning is designated to coordinate compliance with the non-discrimination requirements in Section 35.107 of the Department of Justice regulations. Information concerning the provisions of the Americans with Disabilities Act, and the rights provided thereunder, are available from the ADA coordinator.
 
NOTICE
Fort Bend County Commissioners Court  reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by Texas Government Code Sections 551.071 (Consultation with Attorney), 551.072 (Deliberation of Real Property), 551.0725 (Deliberation of Contract Being Negotiated),  551.073 (Deliberation of Gifts and Donations), 551.074 (Personnel Matters), 551.076 (Deliberation of Security Devices) and 551.086 (Economic Development).