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Home My WebLink About2012-07-10-10:00 AM-REGULAR SESSIONBRAZOS COtiNTY BRYAN,TEXAS rD NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE CCMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JULY 10, 2012 AT 10-00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1, Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Cauley 2. Call for Citizen input and/or concerns. Consider and take action on agenda items 3 -18: 3, Executive session pursuant to Texas Government Code 551.071 to consult with attorney about pending or contemplated litigation and/or a settlement offer. 4. Consider and passible action on the Executive Session. 5. 6, A oorova l of the following committee to evaluate RFP 2012 -37 - Inmate Te lephone SerViaes: • 8 David Drasehe. Lieutenant BCDi; • b. Clarence Henry, Lieutenant BCDC • c. Reninald Walker, Lieutenant BC17C • d- Kenny Mallard Commissioner Pct 3 a Nestle Williams Purchasing - Non - Voting Member 7 Payment Autharlsetion to John Deere Lan In the amount of 6242 ourchgn order w not obtained In_advanQe. $ Payment Authorization to John Deere Landscaoe_In the amount of 6400,00. Purchase order was not obtal In " ya_nce. g Pey_ment Authorization to P tterson Architects In the amount of 8350 . 00 t., the TnL€r Ingnnrtion fee for Vol. �_PB• secnnd -n- floor ilnlsh update. 11. 13. 14. Tax Refund Appiications for the following- . a ,¢uadaiutse a Delorie Arredongo- overoavmanI.Sfi2.i • b. An row W. Rogers A Karen S. R e rs -over nt- 1 -.5D . C. HSBC- ovewaymenl4199,99 15. Budget Amendments. n f=Y 1 12 37. 1& geg I 000038634 to Saftwgra House International in the amount Sf 259.00 10burChaW cpm r rAd [eleohone ea t fag JP Pet, 2 -2 usin JP TectLOlM Funds. 17. Personnei Change of Status. ftraannel Action Farms 18. Payment of Claims. 1 Acknowl dayment of the Grows County Pvrchssing Ogoartmenjltodeft tar June 29 - July 5 2012. 20. Sheriff's report on inmate population. 21. Announcement of interest items and possible future agenda topics. 22. Gall for Citizen input andlor concerns. 23, Adjourn. col. I b p g . a gontrace axtenslon of B0 Oy for contract 2011:358 ( IW22hane Syste with SBCUrus- ii PUBLIC COMMENTS pLd& Comment duriog MA Commission Mcating may bur far all martriS. hnih an and ail 14c agend+t, and be limited to four ffik"es per parsea F;erstl►rt are IrmWd 10 StdwyWt tonneau in wrmnp tun me agenda Gams snort anend and make: 401"meni sit the Cpnrrnission maebng- Members of 11rt public are ►emindad that the Brazoe County Coma+r■rroners a aun is a Constitutional Court, with both Judidal and legislabve powers, cveamd under Article V. Sectlan I and Suction 18 M the Texas Convinrrlon• As a Gunstitulional Court, the 19rat05 Crn,nty Carnmisaiariws Court alto possesaus th6 Anwar to tsaue a Contempt 01 Golyd Citation iindar Section 81.024 of thn Texas Local Uawu►nment Coda. Accordingly, mnmhera of the pulAic as atrendsM at any Regular, Special analua Emergency meeting d ttit Court Rhah conduct lttumselvaF wim proper respout and di co"M in speakilrra to, 4ftlar addressiing the Cart. in patWpa" in r%gft clNseusswns beltxre all^ Caurl , and an all 30rona in the presence d the Court- those nwnbem oI the ptrdrc *tw are inapPrel"101lr alb"od Or4'br who do not mkhrct r►aamateuws ire an orperly and appreptiyto manner will bo ordered to leave fie meatrng. RCfusal to abide by tna Courts Omer A d•'or continued dIsniptlan of tria mocting may result in a Caitompt 01 Court 0111119n_ It is nat the +nterdron of the 13razos County GGrnmissinAws Court to pi0vid0 a iwl:llc forum rvr th derrnnrung of any rdwidual or group - Naidner is rt the intention al itee Court to allow a merrtx4 (Of morrbera) of a10 putAG to nQjLl the honesty anp+rx irrtegrrty trl the COW, u a body. OF Wy member or mantra S of IraA Court, or Courtly ernplOYAM, Ytdnnduafly ur c0li J'vwy- Aaoordrngay, profane, insuRuny or threntwning language directed inward the Court aradror any person on tier Court-' pretence arroyo► raraal, ethnic or guilder slurs or eprtheta will not nA tolerated. Vidrabon d rh *ae rules may Tc i th f011 aanctlons J. carweltaWn of 3 ` k" time: Z. renr0vidl "M t?1e Corrrnr#srnrrcrs Caurl, 3. a Contempt Citation; arwl•'or d. such offer anWor all"inhl ra, netlana so mtey be authnrl and under the CorisbWhon. BMhnas and Cedar of the Stainni Texas. The County CornmirAiorie►e Court can Oeribmare or take apoon only if a matter has been listed on An Agenda p►op00y fxixrnd poor 10 V* mr!aring. During the WWic COMMMl perradt spankers rray address medleys not mW an the Aublisned agerda 'fhs Open Mowing Law arks nol exprAashl prohibrl nrPWW ro puibi pomments by Ihrr Comm►asrorIoys Caws. Flowererp respnoaas from the Ctwnly Jxidrle ar COmnlissiarffirs to ufltinled public crtrrintent tcpwA could become doliberatiion W 4 matter without nohoe to the public.. To ensure that public haR nrvkre of all mattuis the f:timmessldners C uurt will ronslaer, the Cuuntp Judge anwor Commissioners may chuaso not rr1 respond to publio co�rlmAnts, except to wrrect Virtual Inaccurscrzu. ►ecrtP existing policy in racponte to an inquiry or to ask that a n+attur be risiari an a future agenda. Sea TAxae Open~ Mechr%gr. Act ? 35t.oap. INVOCATION Any irlvor.A6on that may b1 oflemd b demo fie Qdiasf Van Of tm Caue meeliny Shall tae to acrd fa are berrehl of thy. Cmrt. The views Or hellefs expressad by the invocatlon speaker n4vp nm been prsviovsFy reviewarf or approved by the Court and tla not nARARearlly repre 010 ►Ahnioijs hsllets pr view& of thrt Caurl in part or ea a whole. No member ul tho community Is raquirW to attend or perliapate in the Invocation and such dAr•,Itlon will have no impact an their right to activnly panicipalu n1 the business of the Cotes. The COMM14*,ICNERS COURrPOOM {fF THE CDUNIY ADMINISTRATION BUILDV40, 200 SOUTIi TEXAS AVE,. SUITE 1os, BRYAN, TX 77883 er wllWchrtir 1troasslble. Hutidicup parking spaces are availahin Any requetii Ior sign intArpretive senAons must be made two working days I)etore the rrwonq To make artmVements, phrase call ;9791381 4 109 BRYANJEXAS MINUTES July 10, 2012 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING Signature Page.odf File Stamped Aaenda.odf Sian in sheet.pdf A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, July 10, 2012 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Cauley 2. Call for Citizen input and /or concerns. There was no citizen's input. Consider and take action on agenda items 3 -18: Vol. ) (P 4 p g . 4 BRAZOS COUNTY 3. Executive session pursuant to Texas Government Code 551.071 to consult with attorney about pending or contemplated litigation and /or a settlement offer. At 10:02 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session to consult with an attorney about pending or contemplated litigation and /or a settlement offer as allowed under Section 551.071 of the Texas Government Code. The following individuals were asked to stay for the meeting: Candy Gallego, Executive Assistant Bill Ballard, Civil Counsel Bill Jeanes, Risk Manager Charles Wendt, Purchasing Agent Irene Jett, Budget Officer Katie Conner, Auditor 4. Consider and possible action on the Executive Session. :b Item 4.pdf At 10:24 a.m. the County Judge announced the meeting open to the public and on motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the order settling litigation with the Texas Commission on Environmental Quality. Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 5. Approval of an Order of Indemnification of the Brazos County Office of the Sheriff for counterfeit funds received at the Detention Center. ED Item 5.pdf $760 in counterfeit twenties were incurred by the Jail Intake Staff while preforming duties for processing an inmate. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wassermann . 6. Approval of the following committee to evaluate RFP 2012 -37 - Inmate Telephone Services:a. David Drosche, Lieutenant BCDCb. Clarence Henry, Lieutenant BCDCc. Reginald Walker, Lieutenant BCDCd. Kenny Mallard, Commissioner, Pct 3e. Leslie Williams, Purchasing - Non - Voting Member L Item 6.pdf Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 7. Payment Authorization to John Deere Landscapes in the amount of $242.00; purchase order was not obtained in advance. ID Item 7.pdf Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wassermann . Vol. I � � P 5 8. Payment Authorization to John Deere Landscape in the amount of $400.00; purchase order was not obtained in advance. ID Item 8.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 9. Payment Authorization to Patterson Architects in the amount of $350.00 for the TDLR inspection fee for second and third floor finish update. te Item 9.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . 10. Requisition #00038057 to GovConnection in the amount of $1,958.66 for the purchase of a printer, wireless presenter and video cables for JP Pct. 3 using JP Technology Funds. ID Item 10.pdf Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 11. Contract extension of 60 days for contract 2011 -35R Inmate Telephone System with Securus. Item 11.pdf The term of the extension is from June 30, 2012 through August 30, 2012. Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 12. Request permission to enter private property owned by Dr. Thomas Cargill located at the intersection of Merka Road and FM 1179 for the purpose of cleaning and re- establishing drainage ditch to help eliminate water standing on private property. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 2. g � 5+ Item 12.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 13. Request permission to enter private property owned by Dr. Jimmy Lloyd located at the intersection of Old Reliance Road and FM 2038 for the purpose of cleaning and re- establishing drainage area on private property toward Bowman Creek. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 2. 0 Item 13.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 14. Tax Refund Applications for the following: Vol. I & 4 p Le 1 Item 14.pdf a. Guadalupe & Delorie Arredondo- overpayment - $62.12 b. Andrew W. Rogers & Karen S. Rogers- overpayment - $12.50 c. HSBC- overpayment - $199.99 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wassermann . 15. Budget Amendments. Budget Amendments FY 11 /12 37.1 thru 37.4. 0- Item 15.pdf 37.1 Reallocate funds for County Clerk Elections & Primary Election Services 37.2 Reallocate funds to amend TJJD Grant 37.3 Reallocate funds for Justice of the Peace, Precinct 2, Place 2 Technology Fund 37.4 Reallocate funds for District Attorney- Administration Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 16. Requisition #00038634 to Software House International in the amount of $3,259.00 to purchase computer and telephone equipment for JP Pct. 2 -2 using JP Technology Funds. Item 16.pdf Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 17. Personnel Change of Status. Personnel Action Forms Item 17.pdf A copy of the Personnel Change of Status Requests is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 18. Payment of Claims. Claims Sheet.pdf BILL LIST 07.10.12.pdf 7099809 through 7099974 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 19. Acknowledgement of the Brazos County Purchasing Department Update for June 29 - July 5, 2012. Item 19.pdf Vol. I � 4 Pg. The Court acknowledged receipt of the Purchasing Department Weekly Update. 20. Sheriff's report on inmate population. Wayne Dicky, Jail Administrator stated there were 541 inmates in jail, 61 have electronic monitors and 16 are pending for monitors. 21. Announcement of interest items and possible future agenda topics. Commissioner Mallard announced the Grand Opening of the Bio- Corridor. He said that the Court needed to RSVP. He indicated that the Commissioners should have received an email notification. Commissioner Wassermann asked the Sheriff's Office about the results of the "Click It or Ticket" campaign. Wayne Dicky replied that he did not know, but would get that information from the Sheriff. 22. Call for Citizen input and /or concerns. 23. Adjourn. Vol. 164 Pg. o The foregoing minutes of the Commissioners Court meeting held July 10, 2012 have been examined and are approved in open Court this r7 * day of PN CA 2012, in Bryan, Brazos County, Texas. Duane Peters Lloyd Wassermann County Judge Commissioner, Precinct 1 Kenny Mallard Commissioner, Pre inct 3 Commissioner, Attest: Clerk 4 Vol I (P q _ Page 9 BRAZOS COUNTY CO SIONERS COURT Meeting a PAGE ) of Vol. 6 Pg. 1�11 ma EWA i If r o - A - , ti 1 � `I I. � • M• ' I ill �.� / l I • r PAGE ) of Vol. 6 Pg. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY IN THE MATTER OF AN § BEFORE THE ENFORCEMENT ACTION § CONCERNING § TEXAS COMMISSION ON BRAZOS COUNTY; § RN102016557 § ENVIRONMENTAL QUALITY AGREED ORDER DOCKET NO. 2012 -0300 -PST -E I. JURISDICTION AND STIPULATIONS On , the Texas Commission on Environmental Quality ( "Commission" or "TCEQ ") considered this agreement of the parties (the "Agreed Order"), resolving an enforcement action regarding Brazos County ( "Respondent ") under the authority of T EX. WATER CODE chs 7 and 26. The Executive Director of the TCEQ, represented by the Litigation Division, and Respondent, represented by Bill Ballard of the Brazos County Attorney's Office, together stipulate that: 1. Respondent owns and operates, as defined In 30 TEX ADMIN CODE § 334.2(73) and (70), an underground storage tank ( "UST ") system and fleet refueling facility located at 2617 Highway 21 West In Bryan, Brazos County, Texas (the "Facility "). The USTs at the Facility are not exempt or excluded from regulation under the Texas Water Code or the rules of the Commission, and contain a regulated petroleum substance as defined in the rules of the TCEQ. 2. This Agreed Order is entered into pursuant to TEX WATER CODE §§ 7 .051 and 7.070. The Commission has jurisdiction of this matter pursuant to TEX WATER CODE § 5 .013 because it alleges violations of TEX WATER CODE ch 26 and TCEQ rules. 3. The Executive Director and Respondent agree that the Commission has jurisdiction to enter this Agreed Order, and that Respondent Is subject to the Commission's jurisdiction. 4. The occurrence of any violation is in dispute and the entry of this Agreed Order shall not constitute an admission by Respondent of any violation alleged in Section II ( "Allegations', nor of any statute or rule. S. An administrative penalty in the amount of six thousand two hundred fifty dollars ($6,250.00) is assessed by the Commission In settlement of the violations alleged in Section II. Respondent paid six thousand two hundred fifty dollars ($6,250.00) of the administrative penalty. 6. Any notice and procedures which might otherwise be authorized or required in this action are waived in the Interest of a more timely resolution of the matter. Vol. I � 4 Pg. I I Brazos County Docket No. 2012- 0300 -PST -E Page 2 7. The Executive Director and Respondent agree on a settlement of the matters addressed in this Agreed Order, subject to final approval in accordance with 30 TEX. ADMIN. CODE § 70.10(a). 8. The Executive Director recognizes that the Respondent repaired and successfully tested the corrosion protection system on June 28, 2011. 9. The Executive Director may, without further notice or hearing, refer this matter to the Office of the Attorney General of the State of Texas ( "OAG ") for further enforcement proceedings if the Executive Director determines that Respondent has not complied with one or more of the terms or conditions in this Agreed Order. 10. This Agreed Order shall terminate five years from its effective date or upon compliance with all the terms and conditions set forth in this Agreed Order, whichever is later. 11. The provisions of this Agreed Order are deemed severable, and, if a court of competent jurisdiction or other appropriate authority deems any provision of this Agreed Order unenforceable, the remaining provisions shall be valid and enforceable. II. ALLEGATIONS 1. During an investigation conducted on February 15, 2011, and a record review conducted on January 26, 2012, a UT- Arlington PST Program investigator (TCEQ contractor) documented that Respondent: 2. a. Failed to provide proper corrosion protection for the UST system, in violation of TEX. WATER CODE § 26.3475(d) and 30 TEX. ADMIN. CODE § 334.49(a)(1). Specifically, the cathodic protection system was not tested for operability and adequacy of protection at a frequency of at least once every three years; and b. Failed to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring), in violation of TEX. WATER CODE § 26.3475(c)(1) and 30 TEX. ADMIN. CODE § 334.50(b)(1)(A). 3. Respondent received notice of the alleged violations on or about January 31, 2012. III. DENIALS Respondent generally denies each Allegation in Section II. IV. ORDERING PROVISIONS It is, therefore, ordered by the TCEQ that Respondent pay an administrative penalty as set forth in Section I, Paragraph 5, above. The payment of this administrative penalty and Respondent's compliance with all the terms and conditions set forth In this Agreed Order resolve only the Allegations In Section II. The Commission shall not be constrained In any manner from considering or requiring corrective actions or penalties for violations which are not raised here. Administrative penalty payments shall be made payable to "Texas Commission on Environmental Quality" and shall be sent with the notation "Re: Brazos County, Docket No. 2012 -0300- PST -E" to: Vol. 6 Pg. Brasos County Docket No. 2012- 0300 -PST -E Page 3 Financial Administration Division, Revenues Section Texas Commission on Environmental Quality Attention: Cashier's Office, MC 214 P.O. Box 13088 Austin, Texas 78711 -3088 2. Respondent shall undertake the following technical requirements: a. Within 30 days after the effective date of this Agreed Order, Respondent shall Install and implement a release detection method for the piping associated with the USTs at the Facility, in accordance with 30 TEx. ADMIN. CODE § 334.50. b. Within 45 days after the effective date of this Agreed Order, Respondent shall submit written certification to demonstrate compliance with Ordering Provision No. 2.a. The certification shall be accompanied by detailed supporting documentation, including photographs, receipts, and /or other records, shall be notarized by a State of Texas Notary Public, and shall Include the following certification language: "I certify under penalty of law that I have personally examined and am familiar with the information submitted and all attached documents, and that based on my Inquiry of those individuals immediately responsible fnr obtaining the information, I believe that the submitted information Is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." Respondent shall submit the written certification and supporting documentation necessary to demonstrate compliance with these Ordering Provisions to: Order Compliance Team Texas Commission on Environmental Quality Enforcement Division, MC 149A P.O. Box 13087 Austin, Texas 78711 -3087 and: Frank Burleson, Waste Section Manager Texas Commission on Environmental Quality Waco Regional Office 6801 Sanger Ave., Ste 2500 Waco, TX 76710 -7826 3. All relief not expressly granted in this Agreed Order Is denied. 4. The duties and provisions imposed by this Agreed Order shall apply to and be binding upon Respondent. Respondent is ordered to give notice of this Agreed Order to personnel who maintain day-to -day control over the Facility operations referenced in this Agreed Order. 5. If Respondent falls to comply with any of the Ordering Provisions in this Agreed Order within the prescribed schedules, and that failure is caused solely by an act of God, war, strike, riot, or other catastrophe, Respondent's failure to comply is not a violation of this Agreed Order. Respondent shall have the burden of establishing to the Executive Director's satisfaction that such an event has occurred. Respondent shall notify the Executive Director within seven days after Respondent becomes Vol. — ) b. —Pg. 13 Brazos County Docket No. 2012- 0300 -PST -E Page 4 aware of a delaying event and shall take all reasonable measures to mitigate and minimize any delay. 6. The Executive Director may grant an extension of any deadline in this Agreed Order or in any plan, report, or other document submitted pursuant to this Agreed Order, upon a written and substantiated showing of good cause. All requests for extensions by Respondent shall be made in writing to the Executive Director. Extensions are not effective until Respondent receives written approval from the Executive Director. The determination of what constitutes good cause rests solely with the Executive Director. 7. This Agreed Order, issued by the Commission, shall not be admissible against Respondent In a civil proceeding, unless the proceeding Is brought by the OAG to: (1) enforce the terms of this Agreed Order; or (2) pursue violations of a statute within the Commission's jurisdiction, or of a rule adopted or an order or permit Issued by the Commission under such a statute. 8. This Agreed Order may be executed in separate and multiple counterparts, which together shall constitute a single instrument. Any page of this Agreed Order may be copied, scanned, digitized, converted to electronic portable document format ( "pdf°), or otherwise reproduced and may be transmitted by digital or electronic transmission, including but not limited to facsimile transmission and electronic mail. Any signature affixed to this Agreed Order shall constitute an original signature for all purposes and may be used, filed, substituted, or issued for any purpose for which an original signature could be used. The term "signature" shall include manual signatures and true and accurate reproductions of manual signatures created, executed, endorsed, adopted, or authorized by the person or persons to whom the signatures are attributable. Signatures may be copied or reproduced digitally, electronically, by photocopying, engraving, imprinting, lithographing, electronic mail, facsimile transmission, stamping, or any other means or process which the Executive Director deems acceptable. In this paragraph exclusively, the terms "electronic transmission" "owner" "person" "writing" and "written" shall have the meanings assigned to them under TEX. Bus. ORG. CODE § 1.002. 9. Pursuant to 30 TEX. ADMIN. CODE § 70.10(b) and TEx. GOVT CODE § 2001.142, the effective date of this Agreed Order Is the date of hand delivery of this Agreed Order to Respondent, or three days after the date on which the Commission mails a copy of the fully executed Agreed Order to Respondent, whichever is earlier. VoL_LJ - -Pg. I 4 Brazos county Docket No. 2012- 0300 -PST -E Page S SIGNATURE PAGE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY For the Commission For the Executive Director Date I, the undersigned, have read and understand the attached Agreed Order. I represent that I am authorized to agree to the attached Agreed Order on behalf of Brazos County, and I do agree to the terms and conditions specified therein. I further acknowledge that the TCEQ, in accepting payment for the penalty amount, is materially relying on such representation. I also understand that failure to comply with the Ordering Provisions in this order and /or failure to timely pay the penalty amount may result in: ■ A negative impact on compliance history; ■ Greater scrutiny of any permit applications; ■ Referral of this case to the Attorney General's office for contempt, injunctive relief, additional penalties, and /or attorney fees, or to a collection agency; ■ Increased penalties in any future enforcement actions; ■ Automatic referral to the Attorney General's Office of any future enforcement actions; and ■ TCEQ seeking other relief as authorized by law. In addition, I understand that any falsification of any compliance documents may result in criminal prosecutio Signature --Duane Pete Date Brazos County Judge Vol .___1_�`� Pg. 15 BRAZOS COUNTY BRYAN,TEXAS STATE OF TEXAS $ COUNTY OF BRAZOS § ORDER OF INDEMNIFICATION OF THE BRAZOS COUNTY OFFICE OF THE SHERIFF WHEREAS, the County of Brazos is a political subdivision of the State of Texas, and WHEREAS, the Texas Local Government Code § 157.903 authorizes the County of Brazos to indemnify+ its elected or appointed county officers against personal liability for the loss of county Hinds, or loss of or damage to personal property, incurred by the officer in the performance of official duties if the loss was not the result of the officer's negligence or criminal action, and WHEREAS, the County of Brazos finds it appropriate to indemnify, defend and hold Harmless its County Sheriff for the loss of county Rinds, incurred by the Office of the Sheriff In the performance of his official duties if the loss was not the result of the officer's negligence or criminal action. NOW, THEREFORE, BE IT RESOLVED, by the Brazos County Commissioners Court as follows: To the extent permitted by the Constitution of the State of Texas and Texas Local Government Code §157.903, the County Sheriff shall be indemnified against personal liability for the loss of Vol. 1 & 4 —,9.- I inmate funds, specifically $70._Q9 of counterfeit twenties , incurred by the illat In tBk� 4, #&while preforming his/her duties processing inmate LOXQ MOSES EDWARD DOB 11!23/1989 SQ# 88509. ADOPTED this day of 201Uy a vote of AYES And NAYS. ATTEST: Karen McQueen, County CIerk Vol. 1 b q Pg._JLv- f. p w� *� if nip .•; ^' Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 3614290 FAX (979) 3614293 Charks Wendt, Purchasing Agent Tiffany West, Buyer July 2, 2012 Secures 14651 Dallas Pkwy 6 Floor Dallas, TX 75254 Leslie Williams, Asst. Purchasing Agent Phone: 214- 354 -7344 Fax: 214 -525 -5451 Email: rpena a@securustech -net Attn: Rudy Pena Re. Rxt nAm of Coneract fOr ffi=o a Telephone Services — 2011 -37R Brazos County appreciates the quality work your company has provided and would like to exercise an extension option for Inmate Telephone Services— 2011 -371 p vviou* known as 2010 -34R and 2008 -031. All terms, conditions, and pricing shall remain the same. This extension will start rune 30 2012 dwmgh Angst 30.201X To accept the extension option, please fill out the information and sign below. Return the signed documents by email to IMiams ®co.brazos.tx.us or fax to (979) 361 -4293. Please then submit the original signed documents and an updated certificate of Insaraace by mail to the address listed above. Please return acceptance as soon as possible. N you have any questions, I may be reached at (979) 361 -4294. Contact Name: R 0I'''r a' 'k "' 3 Telephone: q -4- J - E -Ma11: 6 0 L* ' 144"VI vim i- Fax: SECURUS Authorized Signature s sae Duane Peters, County Judge -7 .�• -�� Date ghol 1 2- voi. (0q P 1 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: MEETING DATE: SUBJECT: Road & Bridge July 10, 2012 Private Property Access Request permission to enter private property owned by Dr. Thomas Cargill located at the intersection of Merka Road and FM 1179 for the purpose of cleaning and re- establishing drainage ditch to help eliminate water standing on private property. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 2. SUBMITTED BY: APPROVE BY: amm talena Ph alvato y Way Agent Co ssioner Precinct 2 This request is VAPPROVED / DENIED ❑ by Commissioners' Court Duane Peters, County Judge Date: V Vol. &J=— 1y or O BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E. Duane Peters Brazos County Judge Lloyd Wassermann Commissioner Pct. 1 Sammy Catalena Commissioner Pct. 2 Kenny Mallard Commissioner Pct. 3 Irma Cauley Commissioner Pct 4 R. Alan Munger, P.E. County Engineer Brazos County Road 8 Bridge Dept 2877 Hwy 21 West Bryan, Texas 77803 Once: 979 -822 -2127 Fax. 979- 775 -0453 amunger ®brazoscountytx gov I. OWNER(S): Cargill Ranches Partnership c/o Dr. Thomas Cargill II. ADDRESS: 1730 Barak Lane Bryan, Texas 77802 III. LOCATION OF WORK: 6405 FM 1179 R13002 - Richard Perry Survey, A-44, Tract 1, 5.217 acres IV. DESCRIPTION OF WORK: Project will clear and re- establish drainage area at the intersection of FM 1179 and Merka Road, east for approximately 300' to help eliminate water standing on private property. jnJ- Additional Comments: , 7, i 'z't __c- V. MAINTENANCE: Yes X No IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: Only when necessary for continued adequate drainage of roadway. I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property for roadway maintenance purposes. Owner's Signatur� P � 1, 444-4! 0 R. Alan Munger, P.E. County Engineer Date: 14� J Salvato Right of Way Agent Vol. I � P P BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: MEETING DATE: SUBJECT: Road & Bridge July 10, 2012 Private Property Access Request permission to enter private property owned by Dr. Jimmy Lloyd located at the intersection of Old Reliance Road and FM 2038 for the purpose of cleaning and re- establishing drainage area toward Bowman Creek. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 2. SUBMITTED BY: J Salvato Wght of Way Agent This request is M OVED / DE NIED El y Commissioners' Court Duane Peters, County Judge Date: q I V I +I— Vo ►. t �4 p ai Commissioner Precinct 2 R o� o J Ty OF 0 E. Duane Peters Brazos County Judge Lloyd Wassermann Commissioner Pct. 1 Sammy Catalena Commissioner Pct 2 Kenny Mallard Commissioner Pct. 3 Irma Cauley Commissioner Pct. 4 R. Alan Munger, P.E. County Engineer Brazos County Road 6 Bridge Dept. 2517 Hwy 21 West Bryan, Texas 77803 once: 979-822 -2127 Fax: 979 - 775 -0453 amunger ®brazoscountytx.gov I. OWNER(S): Jimmy R. Lloyd and John A. Lloyd II. ADDRESS: 2308 W. Briargate Drive Bryan, Texas 77802 III. LOCATION OF WORK: FM 2038 and Old Reliance Road intersection R12477 — Abner Lee Sr. Survey, A -32, Tract 12, 78.46 acres IV. DESCRIPTION OF WORK: Project will clear and re- establish drainage area at the intersection of FM 2038 and Old Reliance Road, southwest for approximately 700' toward Bowman Creek. Brazos County will remove fence during construction and re -fence once complete with like materials. Additional Comments: V. MAINTENANCE: Yes X No IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: Only when necessary for continued adequate drainage of roadway. I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property for roadway maintenance purposes. Owner's Sig J� r /'� •fin � e r R. Alan Munger, P.E. County Engineer BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM Date: 1 7-3- 42 Jo . Salvato Ri of Way Agent Vol. I- P8•� -- BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2011 -2012 BUDGET YEAR NO. 11/12 37.1-37.4 On this the 10th day of July 2012 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 10th day of July 2012 the Court heard and approved a budget amendment for the 2011 -2012 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 20 September 2011, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 10th day of July 2012. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By Duane'Peters, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. I b 1 Pg. 4;2,� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 91112 - 37.1 W1n19n17 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 21002000 72590000 CR Professional Fees - Other 950.00 0100 91350000 DR Trannsfer to Primary Elections 950.00 3500 49028000 DR Transfer from General Fund 950.00 3500 211200 72590000 DR Professional Fees - Other 950.00 County Clerk - Elections & Primary Election Services Reallocation of funds to correct account. The Professional Fees - Other in the amount of $950 will be reimbursed by the Republican Party for the use of the vo ing machines. 16A P - BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 37.2 711012012 FUND DIV ACCT PROJ DR1CR ACCOUNT NAME Increase I Decrease 3000 312100 71040000 DR Contract Placement 10,000.00 3000 1 48046500 CR Grant - TJPC State Aid 10,000.00 & TJPC State Aide Grant Reallocation of funds to amend TJJD Grant A (State Aid) to include funds that will secure placement cost for juveniles. Prepared By mnrtt .Date•;'' ;, ,. , • . , , .71312012 .County-J J�q Vol. _ — Pg Department Appiovaf •Date''. ._. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 37.3 7011 nMni 13 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 2400 24005220 71025000 CR Contract Services 3,259.00 2400 24005220 60500000 DR Office Equipment 1,699.00 2400 24005220 67203000 DR Minor Computer Hardware 990.00 2400 24005220 67670000 DR Printers 570.00 JP #2.2 Technology Fund - Judge Munoz Reallocation of funds for the purchase of replacement equipment: Viewsonic VA2248M LED Monitor; HP Probook 6560 Laptop, HP Professional Lim Top Load Case, Docking Station; Polycom Soundpoint; Headset; ON Netcom Jabra EHS Adapter; LaserJet Printer; Wireless Mouse; Er onomic Keyboard. Prepaied�By:i�� ;s� "' rinrri ;Date ^��;!;;,`,; �7 ,;, -• �; 7/3/2012 Vol. I � Pg. , -; �: �'it ie : u! _ i` *�t3; '��. •,` �a;F�_ "? 7 .:7' �'�v� = ��..• •: Eir.�- a_:.. 'DetiairtirientAbbffVa!' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 37.4 7110/2012 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 19000100 60600000 CR Office Supplies 0.11 0100 19000100 67281000 DR Minor Equip - Electronic ct Attorney - Admin location of funds to cover account for final payment to GovConnection. Preparei� Byi`_`> nnm ,Dafe�' 7/3/2012 Date voi. !1(n PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: July 10, 2012 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Building Maintenance Carbajal, Roberto Resignation Approved in Commissioners' Court: Jul 1 012: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. g Brazos County Purchasing Department Weekly Update 6/29/12 — 7/5/12 Number of PO's Processed: 94 Requisitions Completed: 1 Capital Payments: 6 Projects In Progress Construction Courthouse: Phase III - Currently working on detention area on 1' floor o .Floor finishes and painting - Currently'working on mechanical yard in courtyard area o To pour slab next week - Elevator in progress • Backfilling basement area to pour slab • Cutting panels on side of building Bids/ RFP's/ RFQ's RFQ for MPO RFQ for Surveyor RFQ for Tax Office Architect Cold Mix Limestone Poly Jute Inmate Telephone Services Employee Insurance Renewals Legal Ads Solicitation of Quotes Benches for Magistrate Courtroom AN for Magistrate Courtroom - Solicitation in progress - Solicitation in progress -SOQ's under eval. - Requesting readvertis. -Dept. reviewing specs - Specifications in progress -Opens 7/20 -In progress - Quotes under evaluation - Solicitation in progress Vol. � P& �� Other Auction - Accepting items at this time Purchasing Policy - Reviewing and revising policy Assets - Reconciliation of Period 8 is complete Print Management - 3 month printing analysis is almost complete Roof Replacement - Working on proposal to write specifications Appliance Policy - Versions in progress for Court review - Currently under review by Auditor's office Radios for Bailiffs - Currently working on scope Duane Peters Date County Judge Vol. 1 l9 Pg. � do