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APPROVED

 

MINUTES
 

BE IT REMEMBERED, That on this 10TH DAY of JANUARY, 2023, Commissioners Court of Fort Bend County, Texas, met at a regular meeting with the following present:
 

 

KP GEORGE COUNTY JUDGE
VINCENT MORALES COMMISSIONER PRECINCT 1
GRADY PRESTAGE COMMISSIONER PRECINCT 2
ANDY MEYERS COMMISSIONER PRECINCT 3
DEXTER L. MCCOY COMMISSIONER PRECINCT 4
LINDA WILLIS FOR LAURA RICHARD COUNTY CLERK

When the following were heard and the following orders were passed:

       
1.   Call to Order.
Call to Order by Judge KP George at 1:00 p.m.
  Attachments:
  agenda
  minutes
 
2.   Invocation and Pledges of Allegiance by Commissioner Dexter L. McCoy.
Invocation and Pledges of Allegiance by Commissioner Dexter L. McCoy.
3.   Approve minutes of regular meeting held on January 3, 2023.
  Moved by Commissioner Meyers, Seconded by Commissioner Morales
Duly put and unanimously carried (5-0), it is ordered to approve minutes of regular meeting held on January 3, 2023.
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Yes
Commissioner McCoy Yes
 
  Attachments:
  signed approval
 
4.  
Public Comments regarding the Agenda and Announcements.
  Judge George announced Monday, January 16, 2023 is Dr. Martin Luther King, Jr. Day. As we all know, Dr. King devoted his life to the advancement of Civil Rights and believed in a nation of freedom and justice.

Fort Bend County Offices will be closed on Monday, January 16, 2023 in observance of
Martin L. King, Jr. Day.

The County Judge’s Office in collaboration with Lucille’s 1913 and the City of Kendleton will have a day of service in honor of Martin Luther King, Jr. on Monday, January 16 from 12:00 p.m. –
2:00 p.m. at Bates Allen Park in Kendleton.

Judge announced Maurice Berkman who was the first mayor of Simonton passed away at the age of 102. He served as mayor for 17 years, beginning in 1979. Mr. Berkman’s service to the County is greatly appreciated.

Ryan Dunsmore, Project Manager for the County Judge’s Office announced the Community Shoutouts.

Commissioner Prestage announced today starts the enrollment period for the Summer Youth Employment Program, which runs through the first week in March. The County will employ up to 250 youth in various County offices.

There was one public comment.
Constable Daryl Smith, Constable, Precinct 2 spoke on Item 19B. Constable Smith asked the court not to make a decision on Item 19B today. He would like to review the needs with the court for the Office of Justice of the Peace, Pct. 2, Pl. 2 prior to the court making a decision.
5.   PUBLIC HEARINGS: 1:17 p.m.: Conduct Public Hearings and take all appropriate action on the following matters:
Public hearing held. No public comments.
  Acceptance of traffic control plan for Tamarron Section 21, Precinct 1.
  Moved by Commissioner Morales, Seconded by Commissioner Prestage
Duly put and unanimously carried (5-0), it is ordered to accept Agenda Item 5.
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Yes
Commissioner McCoy Yes
 
  Attachments:
  map
  publisher's affidavit
 
CONSENT AGENDA ITEMS: 6-17
6.   OUT-OF-STATE TRAVEL: Approve out-of-state travel requests for County personnel:
A.   Community Development: Approve out-of-state travel for C. Borrego to Philadelphia, Pennsylvania, March 31, 2023 through April 5, 2023, to attend the 2023 National Planning Conference (NPC23). (Fund: Community Development Block Grant and Emergency Solution Grant)
  Attachments:
  travel
 
B.   Environmental Health: Approve out-of-state travel for M. Schaffer and J. Norred to Norman, Oklahoma, February 19, 223 through February 23, 2023, to attend the Mid-Contential Association of Food and Drug Officials (MCAFDO) 2023 Annual Educational Conference. (Fund: Public Health Workforce Grant)
  Attachments:
  travel
  travel
 
C.   Risk Management: Approve out-of-state travel for E. Fellers to Clearwater Beach, Florida, January 27, 2023 through February 5, 2023, to attend the Health Benefits Conference & Expo. (Fund: Travel)
  Attachments:
  travel
 
7.   BUDGET TRANSFER(s):
  Road and Bridge: Approve transfer in the amount of $9,000 from Operating and Supplies into Information Technology to allocate funds for the purchase of IPads. 
  Attachments:
  signed transfer
 
8.   ECONOMIC DEVELOPMENT:
  Record into Minutes a copy of the Public Notice pursuant to Texas Tax Code Section 312.302 which was published on October 28, 2022, advising of Fort Bend County's intention to consider a First Amendment and Assignment to Tax Abatement Agreement with
Sage Dulles, LTD (to assign to API Investments Company LLC), in accordance with Texas Tax Code Section 312.207(c).

  Attachments:
  public notice
 
9.   ENGINEERING-PAYMENTS:
A.   Approve payment of Invoice Nos. 0339851, 0339852 in the amount of $4,191.25 and Invoice No. 0340826 in the amount of $3,003.75 to Percheron, LLC for professional acquisition services for 2017 Mobility Projects within Precincts 1, 2, 3 and 4. (Fund: Right of Way)
  Attachments:
  invoice (851-852)
  invoice (40826)
 
B.   Approve payment of Invoice No. 082230C – Revision 1 in the amount of $38,026.75, Invoice No. 092214C – Revision 1 in the amount of $24,591.75, Invoice No. 102219C – Revision 1 in the amount of $23,647.25, and Invoice No. 112221C in the amount of $19,101.25 to Aviles Engineering Corporation for construction material testing and inspection services regarding Benton Road, Mobility Bond Project No. 17110, Precinct 2. (Fund: Mobility Bonds)
  Attachments:
  invoice (82230c)
  invoice (92214c)
  invoice (102219c)
  invoice (112221c)
 
C.   Approve payment of Invoice No. 55503 in the amount of $193,613.26 to Binkley &
Barfield, Inc. for professional engineering services regarding FM 521, Mobility Bond Project No. 17111, Precinct 2. (Fund: Mobility Bonds)
  Attachments:
  invoice
 
10.  
ENGINEERING-PERMITS:
A.   Approve release of Performance Bond from Hurtado Construction Company/IDS Engineering for work completed along Texas Heritage Parkway, Permit No. 2021-49095, Precinct 1.
  Attachments:
  signed release
 
B.   Approve release of Performance Bond from Hurtado Construction Company for work completed along Sienna Parkway, Permit No. 2020-37882, Precinct 2.
  Attachments:
  signed release
 
C.   Approve release of Performance Bond from Hurtado Construction Company for work completed along Ricefield Road, Permit No. 2020-34786, Precinct 2.
  Attachments:
  signed release
 
D.   Approve release of Performance Bond from Crostex Construction, Inc. for work completed along Sienna Parkway, Permit No. 2021-49617, Precinct 2.
  Attachments:
  signed release
 
E.   Approve permit application from Comcast of Houston, LLC to install fiber optic cable along Roesner Road, Silver Hearth Lane, Gaston Road, and Creek Ledge Drive, Permit
No. 2022-58883, Precinct 1.
  Attachments:
  signed application
 
F.   Approve permit application from Windstream Sugar Land, LLC to install fiber optic cable along West Bellfort near Waterview Meadow Drive, Permit No. 2022-58855, Precinct 4.
  Attachments:
  signed application
 
G.   Approve permit application from Comcast of Houston, LLC to install fiber optic cable along April Ridge Drive and Tamayo Drive, Permit No. 2022-58882, Precinct 4.
  Attachments:
  signed application
 
H.   Approve permit application from Comcast of Houston, LLC to install fiber optic cable along W Grand Parkway S near Mason Road, Permit No. 2022-58856, Precinct 4.
  Attachments:
  signed application
 
11.   ENGINEERING-DEVELOPMENT:
A.   Set public hearing for acceptance of traffic control plan for Sienna Section 48, Precinct 2. (Tuesday, February 7, 2023 at 1:00 p.m.)
  Attachments:
  map
 
B.   Set public hearing for acceptance of traffic control plan for Oasis at Clodine Partial Replat No. 1, Precinct 4. (Tuesday, February 7, 2023 at 1:00 p.m.)
  Attachments:
  map
 
12.   FACILITIES MANAGEMENT & PLANNING: The Director of Facilities Management & Planning submits these invoices for approval and payment for projects that are funded by 2015 Facility Bonds and by Certificates of Obligation:
A.   Approve payment of Pay Application No. 16 in the amount of $78,530.41 to Flintco for construction services regarding the New North Library;
  Attachments:
  pay application
 
B.   Approve payment of Pay Application No. 2 in the amount of $23,978.00 to Apex Consulting for design services regarding EMS Medic 614;
  Attachments:
  pay application
 
C.   Approve payment of Invoice No. 3023710227 in the amount of $15,714.28 to Huitt-Zollars for design services regarding the New North Library;
  Attachments:
  invoice
 
Item 12 continued - Facilities Management & Planning:
D.   Approve payment of Invoice No. 45862144 in the amount of $370,442.00 to Johnson Controls, for facility improvement measures regarding the Facilities Improvement Project.
  Attachments:
  invoice
 
13.   GRANTS ADMINISTRATION: The grant application for the below item(s) has been approved by Commissioners Court; the Grants Coordinator has reviewed the acceptance documents and makes the following recommendation(s) to Commissioners Court:
  Health and Human Services: Accept grant award in the amount of $25,000 from the Center of Disease Control (CDC) for vaccination services, with no cash match required by Fort Bend County, effective through April 30, 2023.
  Attachments:
  signed grant
  attorney review form
 
14.   HEALTH & HUMAN SERVICES:
  Emergency Medical Services: Approve request from the Fort Bend History Association to waive EMS Event Standby fees on February 11, 2023 for the 4th Annual Black Cowboy Legacy Rodeo.
  Attachments:
  request
 
15.   PARKS & RECREATION:
A.   Approve request for renewal of agreement between Fort Bend County and Houston Community Toolbank, Inc., to place a Community Toolbox container at Jones Creek Ranch Park.
  Attachments:
  signed amendment renewal
 
B.   Approve payment of Invoice No. SVC198601 in the amount of $1,187 to Convergentz for Fire Alarm AHU Shutdown repair at Fifth Street Community Center. (Fund: Capital Improvement Projects)
  Attachments:
  invoice
 
C.   Approve request from Boy Scout Troop No. 1985 to waive rental fees for use of space at Landmark Community Center on Tuesdays twice a month starting on January 17, 2023 through June 13, 2023, for meetings.
  Attachments:
  community use form
 
16.   ROAD & BRIDGE:
A.   Road and Bridge: Approve payment of Invoice No. ESA020588 to ASCO Equipment in the amount of $525,507.72 for a Gradall XL 4100. (Fund: Advanced Funding/Certificates of Obligation) 
  Attachments:
  invoice
 
B.   Vehicle Maintenance: Approve payment of Invoice No. F73484 for an amount totaling $35,685.35 to Lake Country Chevrolet for an approved 2021 vehicle. (Fund: Advance Funding Resolution/Certificates of Obligation)
  Attachments:
  invoice
 
C.   Vehicle Maintenance: Approve payment of multiple Invoices to Helfman Ford, Helfman Dodge and Lake Country Chevrolet for approved 2022 budget vehicles. (Fund: Advance Funding Resolution/Certificates of Obligation)
  Attachments:
  invoice (h.ford)
  invoice (h.dodge)
  invoices (l.country)
 
Item 16 continued - Road & Bridge:
D.   Vehicle Maintenance: Approve payment of multiple invoices to Lake Country Chevrolet for approved 2023 budget vehicles. (Fund: Advance Funding Resolution/Certificates of Obligation)
  Attachments:
  invoices
 
17.   SHERIFF'S OFFICE:
  Approve Interlocal Agreement for Additional Law Enforcement Services between Fort Bend County and Municipal Utility District No. 118, with services to be provided by the Sheriff's Office, effective through September 30, 2023.
 
  Attachments:
  signed interlocal agreement
 
 
  Moved by Commissioner Meyers, Seconded by Commissioner Morales
Duly put and unanimously carried (5-0), it is ordered to approve Consent Agenda
Items 6 - 17.
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Yes
Commissioner McCoy Yes
 
18.   COUNTY JUDGE:
A.   Take all appropriate action on the appointment of Jim Rice to the Fort Bend Toll Road Authority Board of Directors, effective January 10, 2023 through December 31, 2023.
  Moved by Commissioner McCoy, Seconded by Commissioner Prestage
Duly put and unanimously carried (5-0), it is ordered to approve the appointment of Jim Rice to the Fort Bend Toll Road Authority Board of Directors, effective January 10, 2023 through December 31, 2023.
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Yes
Commissioner McCoy Yes
 
  Attachments:
  signed appt. order
 
Item 18 continued - County Judge:
B.   Take all appropriate action on the appointment of Jim Rice to the Fort Bend Grand Parkway Toll Road Authority Board of Directors, effective January 10, 2023 through
December 31, 2023.
  Moved by Commissioner McCoy, Seconded by Commissioner Prestage
Duly put and unanimously carried (5-0), it is ordered to approve the appointment of Jim Rice to the Fort Bend Grand Parkway Toll Road Authority Board of Directors, effective
January 10, 2023 through December 31, 2023
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Yes
Commissioner McCoy Yes
 
  Attachments:
  signed appt. order
 
C.   Take all appropriate action to consider granting an exemption to the competitive bid process as authorized by Local Government Code 262.024 (a)(2) and (a)(4) for the purchase of professional and health services, for commitment hearings to state mental facilities for Fiscal Year 2023 from the following:
 
1. Travis County for Austin State Hospital;
2. Howard County for Big Spring Hospital;
3. Cherokee County for Rusk State Hospital;
4. Kerr County for Kerrville State Hospital;
5. Wilbarger County for Vernon State Hospital;
6. Bexar County for San Antonio State Hospital; and
7. Kaufman County for Terrell State Hospital.

Item 18 continued - County Judge:
  Moved by Commissioner Meyers, Seconded by Commissioner Morales
Duly put and unanimously carried (5-0), it is ordered to grant an exemption to the competitive bid process as authorized by Local Government Code 262.024 (a)(2) and (a)(4) for the purchase of professional and health services, for commitment hearings to state mental facilities for Fiscal Year 2023 from the following:
1. Travis County for Austin State Hospital;
2. Howard County for Big Spring Hospital;
3. Cherokee County for Rusk State Hospital;
4. Kerr County for Kerrville State Hospital;
5. Wilbarger County for Vernon State Hospital;
6. Bexar County for San Antonio State Hospital; and
7. Kaufman County for Terrell State Hospital.
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Yes
Commissioner McCoy Yes
 
  Ed Sturdivant, County Auditor stated the facilities listed on this item are the same entities the County has engaged with before.
19.   COMMISSIONER, PCT. 2:
A.   Take all appropriate action on request to create one (1) Deputy Constable Position, Grade L04 of the Law Enforcement salary structure, in the Constable Precinct 2 Office to serve as bailiff in the newly created Justice of the Peace, Precinct 2, Place 2, effective January 10, 2023. (Fund: Non-Departmental Contingency)
  Moved by Commissioner Prestage, Seconded by Commissioner Meyers
Duly put and unanimously carried (5-0), it is ordered to approve the request to create one (1) Deputy Constable Position, Grade L04 of the Law Enforcement salary structure, in the Constable Precinct 2 Office to serve as bailiff in the newly created Justice of the Peace, Precinct 2, Place 2, effective January 10, 2023. (Fund: Non-Departmental Contingency)
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Yes
Commissioner McCoy Yes
 
Item 19 continued - Commissioner, Pct, 2:
B.   Take all appropriate action on transfer in the amount of $76,710 from Non - Departmental Contingency into Accounts detailed on Director's form dated January 5, 2023 to allocate funds for bailiff request for Justice of the Peace, Precinct 2 Place 2.  
  Moved by Commissioner Prestage, Seconded by Commissioner Meyers
Duly put and unanimously carried (5-0), it is ordered to transfer the amount of $76,710 from Non - Departmental Contingency into Accounts detailed on Director's form dated
January 5, 2023 to allocate funds for bailiff request for Justice of the Peace, Precinct 2
Place 2.
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Yes
Commissioner McCoy Yes
 
  Attachments:
  signed transfer
 
20.   AUDITOR:
  Take all appropriate action to set the mileage rate at 65.5 cents (same as Internal Revenue Service) effective January 11, 2023.
  Moved by Commissioner Meyers, Seconded by Commissioner McCoy
Duly put and unanimously carried (5-0), it is ordered to set the mileage rate at 65.5 cents (same as Internal Revenue Service) effective January 11, 2023.
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Yes
Commissioner McCoy Yes
 
  Attachments:
  mileage rate (2023)
 
21.   BUDGET & FINANCE:
  Discuss and consider Amendments to the Fort Bend County American Rescue Plan Act Budget.
  This item has been Tabled.
22.  
CONSTABLE, PCT. 1:
A.   Take all appropriate action on the Interlocal Motorcycle Deputy Agreement for Additional Law Enforcement Services between Fort Bend County and Fort Bend County Assistance District Nos 1, 7, 9, 10 and 11 with services to be provided by the Office of Constable
Precinct 1 for six (6) Contract Deputies to which payment will be split equally amongst the participating districts (i.e nineteen percent between County Assistance District Nos. 1, 7, 9, 10, and 11), effective through September 30, 2023.
  Moved by Commissioner Morales, Seconded by Commissioner Prestage
Duly put and unanimously carried (5-0), it is ordered to approve the Interlocal Motorcycle Deputy Agreement for Additional Law Enforcement Services between Fort Bend County and Fort Bend County Assistance District Nos 1, 7, 9, 10 and 11 with services to be provided by the Office of Constable Precinct 1 for six (6) Contract Deputies (corrected to read: one (1) Contract Deputy) to which payment will be split equally amongst the participating districts (i.e nineteen percent between County Assistance District Nos. 1, 7, 9, 10, and 11), effective through September 30, 2023.
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Yes
Commissioner McCoy Yes
 
  Commissioner Morales stated this item is a renewal for the Motorcycle Officers with the CADs.
  Attachments:
  signed interlocal agreement
 
B.   Take all appropriate action on the Interlocal Motorcycle Deputy Agreement for Additional Law Enforcement Services between Fort Bend County and Fort Bend County Assistance District Nos 7 and 10 with services to be provided by the Office of Constable Precinct 1 for
one (1) Contract Deputy to which payment will be split equally amongst the participating districts (i.e fifty percent between County Assistance District Nos. 7 and 10), effective through September 30, 2023.
  Moved by Commissioner Morales, Seconded by Commissioner Prestage
Duly put and unanimously carried (5-0), it is ordered to approve the Interlocal Motorcycle Deputy Agreement for Additional Law Enforcement Services between Fort Bend County and Fort Bend County Assistance District Nos 7 and 10 with services to be provided by the Office of Constable Precinct 1 for one (1) Contract Deputy to which payment will be split equally amongst the participating districts (i.e fifty percent between County Assistance District
Nos. 7 and 10), effective through September 30, 2023.
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Yes
Commissioner McCoy Yes
 
  Attachments:
  signed interlocal agreement
 
Item 22 continued - Constable, Pct. 1:
C.   Take all appropriate action on approval of Police Motorcycle Lease Agreement between Fort Bend County and Fort Bend Precinct 1 Deputy Constables C. Bronsell and F. Turner for the use of police motorcycles during the course of their duties, effective through
September 30, 2023.
  Moved by Commissioner Morales, Seconded by Commissioner Prestage
Duly put and unanimously carried (5-0), it is ordered to approve Police Motorcycle Lease Agreement between Fort Bend County and Fort Bend Precinct 1 Deputy Constables C. Bronsell and F. Turner for the use of police motorcycles during the course of their duties, effective through September 30, 2023.
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Yes
Commissioner McCoy Yes
 
  Attachments:
  signed agreement (bronsell)
  signed agreement (turner)
 
23.   COUNTY ATTORNEY:
  Take all appropriate action on Grant Application to the Texas Bar Foundation, for funding in the amount of $25,000, for the County Attorney's Office, with no cash match required by Fort Bend County for the term of June 1, 2023 through May 31, 2024.
  Moved by Commissioner McCoy, Seconded by Commissioner Meyers
Duly put and unanimously carried (5-0), it is ordered to approve Grant Application to the Texas Bar Foundation, for funding in the amount of $25,000, for the County Attorney's Office, with no cash match required by Fort Bend County for the term of June 1, 2023 through May 31, 2024.
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Yes
Commissioner McCoy Yes
 
  Attachments:
  grant application
  attorney review form
 
24.  
ECONOMIC DEVELOPMENT:
  Take all appropriate action on First Amendment and Assignment of Tax Abatement Agreement between Fort Bend County, and Sage Dulles, LTD (to assign to API Investments Company LLC) located within the City of Sugar Land Reinvestment Zone No. 2020-01.
  Moved by Commissioner Meyers, Seconded by Commissioner McCoy
Duly put and unanimously carried (5-0), it is ordered to approve the First Amendment and Assignment of Tax Abatement Agreement between Fort Bend County, and Sage Dulles, LTD (to assign to API Investments Company LLC) located within the City of Sugar Land Reinvestment Zone No. 2020-01.
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Yes
Commissioner McCoy Yes
 
  Attachments:
  signed amendment
 
25.   ENGINEERING:
A.   Take all appropriate action on request for variance to the requirements as stated in
Section 5.14.E.4 minimum lot size and Section 5.12.C.8 building setback requirements of the Fort Bend County Regulations of Subdivisions for Sienna Village of Bees Creek
Section Thirty on behalf of PHHOU-SIENNA 34 LLC, Precinct 2.

  Moved by Commissioner Prestage, Seconded by Commissioner Morales
Duly put and unanimously carried (5-0), it is ordered to approve the request for variance to the requirements as stated in Section 5.14.E.4 minimum lot size and Section 5.12.C.8 building setback requirements of the Fort Bend County Regulations of Subdivisions for Sienna Village of Bees Creek Section Thirty on behalf of PHHOU-SIENNA 34 LLC, Precinct 2.
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Yes
Commissioner McCoy Yes
 
  Attachments:
  variance
 
B.   Take all appropriate action on the plat for the roads within Sienna Village of Bees Creek Section Thirty, Precinct 2.
  Moved by Commissioner Prestage, Seconded by Commissioner Morales
Duly put and unanimously carried (5-0), it is ordered to approve the plat for the roads within Sienna Village of Bees Creek Section Thirty, Precinct 2.
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Yes
Commissioner McCoy Yes
 
  Attachments:
  plat
 
Item 25 continued - Engineering:
C.   Take all appropriate action on the plat for the lots within Sienna Village of Bees Creek
Section Thirty, Precinct 2.

  Moved by Commissioner Prestage, Seconded by Commissioner Morales
Duly put and unanimously carried (5-0), it is ordered to approve the plat for the lots within Sienna Village of Bees Creek Section Thirty, Precinct 2.
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Yes
Commissioner McCoy Yes
 
  Attachments:
  plat
 
D.   Take all appropriate action on Participation Agreement between Fort Bend County and Fort Bend County Municipal Utility District No. 50 regarding Bellaire Boulevard Turn Lanes, 20313x, Precinct 4.
  Moved by Commissioner McCoy, Seconded by Commissioner Meyers
Duly put and unanimously carried (5-0), it is ordered to approve Participation Agreement between Fort Bend County and Fort Bend County Municipal Utility District No. 50 regarding Bellaire Boulevard Turn Lanes, 20313x, Precinct 4.
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Yes
Commissioner McCoy Yes
 
  Attachments:
  signed agreement
 
E.   Take all appropriate action on Agreement for Construction and Maintenance of Sidewalk between Fort Bend County and Woodlake Estates Home Owners Association, Inc. regarding installation of sidewalks on Greenbusch Road, Mobility Bond Project No. 13312, Precinct 1.
  Moved by Commissioner Morales, Seconded by Commissioner Prestage
Duly put and unanimously carried (5-0), it is ordered to approve Agreement for Construction and Maintenance of Sidewalk between Fort Bend County and Woodlake Estates Home Owners Association, Inc. regarding installation of sidewalks on Greenbusch Road, Mobility Bond Project No. 13312, Precinct 1.
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Yes
Commissioner McCoy Yes
 
  Attachments:
  signed agreement
 
Item 25 continued - Engineering:
F.   Take all appropriate action on Roadway Use and Maintenance Agreement between Fort Bend County and Braes Bayou Generating, LLC regarding maintenance of various roads within Precinct 2.
  Moved by Commissioner Prestage, Seconded by Commissioner Morales
Duly put and unanimously carried (5-0), it is ordered to approve Roadway Use and Maintenance Agreement between Fort Bend County and Braes Bayou Generating, LLC regarding maintenance of various roads within Precinct 2.
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Yes
Commissioner McCoy Yes
 
  Attachments:
  signed agreement
 
G.   Take all appropriate action on Interlocal Agreement for District-Managed Public Infrastructure Project between Fort Bend County and Fort Bend County Municipal Utility District No. 37 in an amount not to exceed $250,000 regarding infrastructure improvements, Precinct 1. (Fund: American Rescue Plan Act (ARPA))
  Moved by Commissioner Morales, Seconded by Commissioner Prestage
Duly put and unanimously carried (5-0), it is ordered to approve Interlocal Agreement for District-Managed Public Infrastructure Project between Fort Bend County and Fort Bend County Municipal Utility District No. 37 in an amount not to exceed $250,000 regarding infrastructure improvements, Precinct 1. (Fund: American Rescue Plan Act (ARPA))
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Yes
Commissioner McCoy Yes
 
  Attachments:
  signed interlocal agreement
 
26.  
HEALTH & HUMAN SERVICES:
A.   Health & Human Services: Take all appropriate action on Amendment No. 1 between Fort Bend County and the Texas Department of State Health Services (DSHS), Contract
No. HHS001025600001 (Triple Zero Grant) under the Regional Local Services System/Local Public Health Services Grant Program for the biannual submission of financial status reports. 

  Moved by Commissioner Meyers, Seconded by Commissioner McCoy
Duly put and unanimously carried (5-0), it is ordered to approve Amendment No. 1 between Fort Bend County and the Texas Department of State Health Services (DSHS), Contract
No. HHS001025600001 (Triple Zero Grant) under the Regional Local Services System/Local Public Health Services Grant Program for the biannual submission of financial status reports.
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Yes
Commissioner McCoy Yes
 
  Attachments:
  signed grant agreement
  attorney review form
 
B.   Health & Human Services: Take all appropriate action on request to create one full-time, grant-funded Position, Emergency Medical Services Medical Director, Grade 116 of the General Salary Structure, in the Health & Human Services Department, effective
January 10, 2023. (Fund: American Rescue Plan Act -Health & Human Services)

  Moved by Commissioner Morales, Seconded by Commissioner Prestage
Duly put and unanimously carried (5-0), it is ordered to approve the request to create one full-time, grant-funded Position, Emergency Medical Services Medical Director, Grade 116 of the General Salary Structure, in the Health & Human Services Department, effective January 10, 2023. (Fund: American Rescue Plan Act -Health & Human Services)
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Yes
Commissioner McCoy Yes
 
  Attachments:
  summary
 
Item 26 continued - Health & Human Services:
C.   Health & Human Services: Take all appropriate action on Grant Application to the National Association of County and City Health Officials (NACCHO) for the Strengthening Disability Inclusion Efforts in Local Health Departments grant in the amount of $25,000 effective through July 31, 2023 with no match required by the County.
  Moved by Commissioner Meyers, Seconded by Commissioner McCoy
Duly put and unanimously carried (5-0), it is ordered to approve Grant Application to the National Association of County and City Health Officials (NACCHO) for the Strengthening Disability Inclusion Efforts in Local Health Departments grant in the amount of $25,000 effective through July 31, 2023 with no match required by the County.
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Yes
Commissioner McCoy Yes
 
  Attachments:
  grant application
  grant budget
  grant justification
  signed grant certification (non-deb.)
  grant (sam documentation)
  grant vendor form
  w9 form
  attorney review form
 
27.   HUMAN RESOURCES:
  Take all appropriate action on request for approval to assist in relocation expenses for potential Chief of Emergency Medical Services candidate in the amount of $6,814.
(Fund: Emergency Medical Services Salaries)

  Moved by Commissioner McCoy, Seconded by Commissioner Meyers
Duly put and unanimously carried (5-0), it is ordered to approve the request for approval to assist in relocation expenses for potential Chief of Emergency Medical Services candidate in the amount of $6,814. (Fund: Emergency Medical Services Salaries)
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Yes
Commissioner McCoy Yes
 
28.  
PURCHASING:
A.   Take all appropriate action on Agreement between Fort Bend County and Whitley
Penn, LLP, pursuant to RFP 20-083 for professional audit services in an amount not to exceed $200,900 effective through July 31, 2023. (Fund: Non-Departmental - Fees)

  Moved by Commissioner Meyers, Seconded by Commissioner Prestage
Duly put and unanimously carried (5-0), it is ordered to approve Agreement between Fort Bend County and Whitley Penn, LLP, pursuant to RFP 20-083 for professional audit services in an amount not to exceed $200,900 effective through July 31, 2023.
(Fund: Non-Departmental - Fees)
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Yes
Commissioner McCoy Yes
 
  Attachments:
  signed agreement
 
B.   Take all appropriate action on Third Amendment to Agreement between Fort Bend County and Next Level Medical, LLC to renew and amend employee health and wellness clinical services, pursuant to RFP 19-072 in an amount not to exceed $1,350,000 effective through December 31, 2023.  (Fund: Employee Health Clinic)
  Moved by Commissioner Prestage, Seconded by Commissioner Meyers
Duly put and unanimously carried (5-0), it is ordered to approve Third Amendment to Agreement between Fort Bend County and Next Level Medical, LLC to renew and amend employee health and wellness clinical services, pursuant to RFP 19-072 in an amount not to exceed $1,350,000 effective through December 31, 2023. (Fund: Employee Health Clinic)
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Yes
Commissioner McCoy Yes
 
  Wyatt Scott, Director of Risk Management, explained the hours of the clinic are still the same. There will be hours added for drug testing, Biometric Health Risk Assessment and flu vaccinations. Next Level will now conduct the drug testing.
  Attachments:
  signed amendment
 
Item 28 continued - Purchasing:
C.   Take all appropriate action on RFP 23-019, Audio Visual System Upgrade for Courtroom.
  Moved by Commissioner Meyers, Seconded by Commissioner Prestage
Duly put and unanimously carried (5-0), it is ordered to negotiate on RFP 23-019, Audio Visual System Upgrade for Courtroom with the most highly qualified respondent Buckeye Technology Solutions dba CCS Presentation Systems.
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Yes
Commissioner McCoy Yes
 
D.   Take all appropriate action on Fifth Amendment to Project Management Agreement between Fort Bend County and Binkley & Barfield, Inc., to increase the contract in the amount of $100,000 for a total contract amount not to exceed $1,699,614, pursuant to SOQ 14-025, regarding Project Management Services for 2017 Mobility Bond Projects in Precincts 1, 2, 3 and 4. (Fund: Mobility Bonds)
  Moved by Commissioner Prestage, Seconded by Commissioner Meyers
Duly put and unanimously carried (5-0), it is ordered to approve Fifth Amendment to Project Management Agreement between Fort Bend County and Binkley & Barfield, Inc., to increase the contract in the amount of $100,000 for a total contract amount not to exceed $1,699,614, pursuant to SOQ 14-025, regarding Project Management Services for 2017 Mobility Bond Projects in Precincts 1, 2, 3 and 4. (Fund: Mobility Bonds)
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Yes
Commissioner McCoy Yes
 
  Attachments:
  signed amendment
 
E.   Take all appropriate action on Bid 23-012 for Construction of South Post Oak Sportsplex Baseball Fields Phase II.
  Moved by Commissioner Prestage, Seconded by Commissioner McCoy
Duly put and unanimously carried (5-0), it is ordered to award Bid 23-012 for Construction of South Post Oak Sportsplex Baseball Fields Phase II to only bidder Crain Group, LLC in the amount of $8,885,000.
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Yes
Commissioner McCoy Yes
 
  Attachments:
  signed contract
 
29.  
SHERIFF'S OFFICE:
  Take all appropriate action on Organized Crime Drug Enforcement Task Force Agreements to accept additional grant funds for the Strike Force/Strategic Initiative Programs administered by the Sheriff's Office, with no additional funds required by Fort Bend County, for the period of October 1, 2022 through September 30, 2023:
 
1. $170,012.80 for professional language analysts;
2. $4,141.28 for printers; and
3. $13,535.28 for rental vehicle and aircards.

  Moved by Commissioner Morales, Seconded by Commissioner Prestage
Duly put and unanimously carried (5-0), it is ordered to approve Organized Crime Drug Enforcement Task Force Agreements to accept additional grant funds for the Strike Force/Strategic Initiative Programs administered by the Sheriff's Office, with no additional funds required by Fort Bend County, for the period of October 1, 2022 through
September 30, 2023:
1. $170,012.80 for professional language analysts;
2. $4,141.28 for printers; and
3. $13,535.28 for rental vehicle and aircards.
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Yes
Commissioner McCoy Yes
 
  Attachments:
  signed grant agreement (lang.analy.)
  notice from the county clerk
  signed grant agreement (printers)
  signed grant agreement (rental vehicles, aircards)
 
30.   Approve Bills.
  Moved by Commissioner Morales, Seconded by Commissioner Prestage
Duly put and unanimously carried (5-0), it is ordered to approve bills in the amount of $342,112,743.53, with routine disbursements of $7,374,992.21.
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Yes
Commissioner McCoy Yes
 
  Attachments:
  signed approval
  disbursements
 
31.  
Authorize the County Auditor to pay and release time-sensitive bills on January 19, 2023 to be ratified by Commissioners Court on January 24, 2023.

  Moved by Commissioner Morales, Seconded by Commissioner Prestage
Duly put and unanimously carried (5-0), it is ordered to authorize the County Auditor to pay and release time-sensitive bills on January 19, 2023 to be ratified by Commissioners Court on January 24, 2023.
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Yes
Commissioner McCoy Yes
 
  Recess:

Recessed at 1:43 p.m.
32.   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.   Case No. 22-CCV-071480; Fort Bend County, Texas vs. Sixpack Enterprises LLC, et al;  Eminent Domain Proceeding assigned to the Judge of the County Court at Law No. 4;  Moore Road Project No. 17218X, Easement No. 7, Precinct 3 (formerly Precinct 2)
2.   22-CCV-072043 - Fort Bend County, Texas vs. Tidwell Tract LTD, et al; Bryan Road - Project No. 17118, Parcel 3, Precinct 4 (formerly known as Precinct 1).
B.   § 551.076 and § 551.089. Deliberation Regarding Security Devices or Security Audits. Commissioners Court will meet in Closed Session to discuss or deliberate regarding security assessments or deployments relating to information resources technology; network security information; or the deployment, or specific occasions for implementation of security personnel, critical infrastructure, or security devices.
  Provision of Armored Car Services.
  Closed Session:

Convened at 1:57 p.m.
Adjourned at 2:51 p.m.

Reconvene:

Reconvened at 2:53 p.m.
33.   Reconvene Open Session and consider taking action on the following matters:

Commissioner Meyers absent during Reconvene Open Session.
A.   § 551.071. Consultation With Attorney.
1.   Case No. 22-CCV-071480; Fort Bend County, Texas vs. Sixpack Enterprises LLC, et al; Eminent Domain Proceeding assigned to the Judge of the County Court at Law No. 4; Moore Road Project No. 17218X, Easement No. 7, Precinct 3 (formerly Precinct 2)
  Moved by Commissioner Prestage, Seconded by Commissioner Morales
Duly put and unanimously carried (4-0), it is ordered to authorize the County Attorney to settle Case No. 22-CCV-071480 styled Fort Bend County, Texas vs. Sixpack
Enterprises LLC, et. al., in the amount of Nine Thousand and no/100 Dollars ($9,000.00). It is further moved that Mobility Bonds be designated as the funding source.
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Absent
Commissioner McCoy Yes
 
  Attachments:
  signed order
 
2.   22-CCV-072043 - Fort Bend County, Texas vs. Tidwell Tract LTD, et al; Bryan Road - Project No. 17118, Parcel 3, Precinct 4 (formerly known as Precinct 1).
  Moved by Commissioner McCoy, Seconded by Commissioner Morales
Duly put and unanimously carried (4-0), it is ordered to authorize Bridgette Smith-Lawson, County Attorney of Fort Bend County, Texas, to incur litigation expenses not to exceed $10,000.00 in Cause #22-CCV-072043 - Fort Bend County, Texas v. Tidwell
Tract LTD, et al; Bryan Road Project #11718, Parcel 3, Precinct 4 (formerly Precinct 1). It is further moved that the Funding Source be designated as Mobility Bonds.
Judge George Yes
Commissioner Morales Yes
Commissioner Prestage Yes
Commissioner Meyers Absent
Commissioner McCoy Yes
 
  Attachments:
  signed order
 
B.   § 551.076 and § 551.089. Deliberation Regarding Security Devices or Security Audits.
  Provision of Armored Car Services.
  No action.
34.  
Adjournment.
Commissioners Court adjourned at 2:55 p.m. on Tuesday, January 10, 2023.

Moved by Commissioner McCoy,
to adjourn.
  I attest to the accuracy of the foregoing minutes.



_________________________________________________
Laura Richard, County Clerk, Fort Bend County, Texas
 

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