EL PASO COUNTY COMMISSIONERS COURT

ANTHONY COBOS
County
Judge

 

ANNA PEREZ
Commissioner, Pct. 1

WILLIE GANDARA
Commissioner, Pct. 3

VERONICA ESCOBAR
Commissioner, Pct. 2

DANIEL R. HAGGERTY
Commissioner, Pct. 4

 

El Paso County Courthouse, 500 E. San Antonio, Commissioners Court Chambers, 3rd Floor, Room 303,
El Paso, Texas 79901
Website address: www.epcounty.com
View live video webcast: http://www.epcounty.com/video

 

 

 

 

 

AGENDA

Regular Meeting, 6/8/2009 9:30:00 AM

 

 

 

 

 

 

 

 

 

 

 

 

OPEN MEETING -

 

 

PLEDGE OF ALLEGIANCE -

 

 

 

RESOLUTIONS

 

1.

Approve and adopt a resolution opposing the President's proposal to eliminate the State Criminal Alien Assistance Program.

Submitted by: County Judge Anthony Cobos, County Judge

 (attachment)

 

2.

Approve and Adopt a Resolution recognizing the "Ysleta Education Foundation"

Submitted by: Commissioner Pct. 1 Anna Perez, Commissioner Court

 

 

 

PRESENTATION

 

3.

Receive a presentation from ACORN regarding new state legislation relating to home foreclosures.

Submitted by: Commissioner, Pct. 2 Veronica Escobar, Commissioners Court

 

 

4.

Receive a presentation form the El Paso Women's Bar Association on the "Food from the Women's Bar" campaign.

Submitted by: County Commissioner Daniel R. Haggerty, Commissioner, Pct. 4

 

 

5.

PUBLIC COMMENT
Pursuant to Texas Government Code Section 551.042, public comment may not be used to discuss matters not posted on this agenda for consideration by the El Paso County Commissioners Court. Members of the public may only ask specific questions during public comment about a subject which has not been posted on the agenda which may be answered with specific, purely factual information. Discussions, deliberation, or debate on subjects which are not posted for consideration are not permitted during public comment.

Speaker's choice: Five (5) minutes per person during this segment regarding any items or three (3) minutes per person on each item as it appears on the agenda. The same will apply to any interest group consisting of three or more representatives. Commissioners Court retains the option to allow more comment as it deems necessary.

NOTICE TO THE PUBLIC
All matters listed under the Consent Agenda will be considered by the Commissioners Court to be routine and will be enacted by one motion in the form listed below. There will be no separate discussion of these items unless members of the Court or persons in the audience request that specific items be removed from the Consent Agenda to the Regular Agenda for discussion prior to the time the Commissioners Court votes on the motion to adopt the Consent Agenda.

All matters listed on the Consent Agenda and the Regular Agenda may be discussed in executive session at the option of the El Paso County Commissioners Court and following verbal announcement, if an appropriate exception to the open meeting requirement of the Texas Open Meetings Act is applicable.

Copies of the Agenda will be provided on audiotape upon request made a minimum of 48 hours prior to the meeting.

No cell phones, audible pagers, and/or beepers while Court is in session.

 

 

 

CONSENT AGENDA

 

6.

Approval of the Minutes of the regular meeting of May 18, 2009 and the special meeting of May 21, 2009.

Submitted by:  , County Clerk's Office

 

 

7.

Pursuant to the Texas Local Government Code, 115.021, audit and settle all accounts against the County shown on the attached listing and direct the payment of those accounts. 

Submitted by: County Auditor, CPA, CIO Edward A Dion, Auditors Office

(attachment)
(travel)
(attachment)
(attachment)
(attachment)

 (attachment)

 

8.

Approve amendment No. 29 to the 2008-2009 County of El Paso Operating Budget. This amendment will increase Special Revenue by $200 thus increasing the overall operating budget of $284,643,186 to $284,643,386.

Submitted by: County Auditor, CPA, CIO Edward A. Dion, County Auditors Office

 (attachment)

 

9.

Approve the Certificates of Plat Compliance (under Texas Local Government Code Section 232.028(a), as provided on the attached listing.

Submitted by: County Public Works Director Robert Rivera, P.E., Road and Bridge Dept.

 (attachment)

 

10.

Approve and authorize the appointment of Bertha A. Gallardo to the County Revolving Loan Fund Board.

Submitted by: Commissioner Pct. 1 Anna Perez, Commissioner Court

 

 

11.

Approve and authorize an increase to CA 6705 Travel Line item to cover shortfall.  Funds will be transferred from CA 6001 in the amount of $93.00.  Please refer to the budget amendment submitted by Auditors's office.

Submitted by: Office Administrator/Support Manager Sue Collins, County Attorney's Office

 

 

12.

Approve and authorize the transfer of $4,000 within the budget for the District Attorney's Office from DA sub-object 6011 to DA sub-object 6705.

Submitted by: District Attorney Jaime Esparza, District Attorney's Office

 

 

13.

Approve and authorize the County Judge to sign an Amendment to the original agreement for use of the Texas Department of Transportation's Automation Equipment, which will be leased to the following full service contracted offices a follows:$3,000 - two (2) RTS work stations at an annual cost of $1,500 each for the existing full service contracted office location of El Paso Auto Registration & Titling located at 1030 Zaragosa, El Paso, Texas  79907.$1,500.00 - one (1) RTS work station at an annual cost of $1,500 each for the existing full service contracted office location of El Paso Auto Registration & Titling located at 12135 Montwood, Suite 109, El Paso, Texas  79936.

Submitted by: County Tax Asssessor-Collector Victor A. Flores, R.T.C., County Tax Assessor-Collector

 (attachment)

 

14.

1.  Approve and authorize the Full Service Deputy Agreement between the County Tax Assessor-Collector and Flash Auto Title Registration located at 5535 Alameda, Space #12A, El Paso, Texas  79905.2.  Approve and authorize the County Judge to sign an Amendment to the original agreement for use of the Texas Department of Transportation's Automation Equipment to allow the County Tax Assessor-Collector to lease two (2) RTS workstations to the new contracted office: Flash Auto Title Registration located at 5535 Alameda, Space #12A, El Paso, Texas  79905 in the total amount of $5,625.00.

Submitted by: County Tax Asssessor-Collector Victor A. Flores, R.T.C., County Tax Assessor-Collector

 (attachment)

 

15.

Approve and authorize the transfer of equipment, as listed in the backup, from County Court at Law Number Two to the Purchasing Department.

Submitted by: Judge Julie Gonzalez, County Court at Law Number Two

 (attachment)

 

16.

Approve and authorize the transfer of $1,500 from account ASSOCFAMCRT3-6234 to account 388THDC-6705 in order to attend the Advanced Family Law Course in Dallas, Texas.

Submitted by: Judge Hon. Patricia A. Macias, 388th District Court

 (attachment)

 

17.

Approve and authorize the County Purchasing Agent to solicit Bids for janitorial services for the office of Justice Court Number Two.  Specifications have been submitted to County Purchasing.

Submitted by: Justice of the Peace Judge Sissy Hernandez, JP2

 (attachment)

 

18.

Approve and authorize transfer of NP6551 Canon copier, County ID# 113278 from County Surplus through the Purchasing Department to the office of JP6-1

Submitted by: Justice of the Peace Ruben Lujan, JP6-1

 

 

19.

Approve and authorize the County Judge to execute a Project Grant Agreement (KK-09-212) with the Texas Department of Transportation (TxDOT), State Project No. RPT 0903 (24) 32, Project Grant Agreement No. 51924F7149 for additional Federal Transit Administration (FTA) funds in the amount of $95,609, for the operation of the El Paso County Rural Transit Program.

Submitted by: Director Rosemary V. Neill, Family and Community Services

 (attachment)

 

20.

Approve and authorize the El Paso County Transportation Manager to pursue Federal Transit Administration (FTA) Section 5304 Demonstration Project Funds from the Texas Department of Transportation (TxDOT) for a joint project with the New Mexico Department of Transportation's (NMDOT) Transit and Rail Division for Intercity Bus Service connecting El Paso, Anthony, Texas and Las Cruces. No County match will be required.

Submitted by: Director Rosemary V. Neill, Family and Community Services

 (attachment)

 

21.

Approve and authorize the County Judge to sign budget modification request No. 1 for the TxCDBG contract 728129 for water improvement project in the  Western Village area. The budget modification request is to transfer funds within the original budget. No County funds are required.

Submitted by: County Public Works Director Robert Rivera P.E, Road and Bridge

 (attachment)

 

22.

Approve and authorize the County Judge to sign the Grant Award Modification #1 for the West Texas HIDTA Multiple Initiatives Grant (G09SW0001A) for the Sheriff's Office.  This award modification is at no cost to the County.

Submitted by: Director Travis B. Kuykendall, West Texas HIDTA

 (attachment)

 

23.

Approve and authorize the County Judge to sign the Grant Award Modification #1 for the West Texas HIDTA Prosecution Initiative (G09SW0003A) for the District Attorney's Office.  This award modification is at no cost to the County.

Submitted by: Director Travis B. Kuykendall, West Texas HIDTA

 (attachment)

 

24.

Approve and authorize the County Judge to sign this Joint Terminiation of Consultant Services Contract this 1st day of June 2009, by and between the County of El Paso, Texas (COUNTY) and Dolores Messick (CONTRACTOR).

Submitted by: Sheriff Richard Wiles, El Paso County Sheriff's Office

 (attachment)

 

25.

Approve and authorize the transfer of funds in the amount of $8,793.50 from SHERIFFACADT-9300 to SHERIFFACADT-6201 in order to cover expense to purchase ammunition.

Submitted by: Sheriff Richard Wiles, El Paso County Sheriff's Office

 (attachment)

 

26.

Approve and authorize the County Judge to Sign contract agreement KK-09-0777.  Operating Agreement between ARAMARK Correctional Services, LLC and the El Paso County Sheriff's Department to provide commissary services at the El Paso County Sheriff's Department downtown Detention Facility and Jail Annex.

Submitted by: Sheriff Richard Wiles, El Paso County Sheriff's Office

 (attachment)

 

 

27.

PAYMENTS FOR INMATE MEDICAL SERVICES

 

 

 

a)

$13.10 (Medicaid rate) to William C. Foote, MD.  Funds are available in Account SHERIFFJAILA-6908.

Submitted by: Sheriff Richard Wiles, El Paso County Sheriff's Office

 (attachment)

 

 

 

b)

$219.25 (Medicaid rate) to Manuel Lopez, M.D.  Funds are available in Account SHERIFFJAILA-6908

Submitted by: Sheriff Richard Wiles, El Paso County Sheriff's Office

 (attachment)

 

 

 

c)

$257.50 (Medicaid rate) to Paul Resignato, DPM.  Funds are available in Account SHERIFFDETEN-6908.

Submitted by: Sheriff Richard Wiles, El Paso County Sheriff's Office

 (attachment)

 

 

 

d)

$1,884.40 (Medicaid rate) to Anesthesia Consultants Assoc.  Funds are available in Account SHERIFFDETEN-6908.

Submitted by: Sheriff Richard Wiles, El Paso County Sheriff's Office

 (attachment)

 

 

 

e)

$220.06 (Medicaid rate) to Desert Pathology.  Funds are available in Account-SHERIFFJAILA-6908.

Submitted by: Sheriff Richard Wiles, El Paso County Sheriff's Office

 (attachment)

 

 

 

f)

$90.56 (Medicaid rate) to El Paso Heart Center.  Funds are available in Account SHERIFFJAILA-6908.

Submitted by: Sheriff Richard Wiles, El Paso County Sheriff's Office

 (attachment)

 

 

 

g)

$294.77 (Medicaid rate) to El Paso Heart Center.  Funds are available in Account SHERIFFJAILA-6908.

Submitted by: Sheriff Richard Wiles, El Paso County Sheriff's Office

 (attachment)

 

 

 

h)

$929.96 (Medicaid rate) to El Paso Heart Center.  Funds are available in Account SHERIFFDETEN-6908.

Submitted by: Sheriff Richard Wiles, El Paso County Sheriff's Office

 (attachment)

 

 

 

i)

$1,648.16 (Medicaid rate) to El Paso Pulmonary Association.  Funds are available in Account SHERIFFJAILA-6908.

Submitted by: Sheriff Richard Wiles, El Paso County Sheriff's Office

 (attachment)

 

 

 

j)

$93.79 (Medicaid rate) to Questcare Medical Services.  Funds are available in Account SHERIFFJAILA-6908.

Submitted by: Sheriff Richard Wiles, El Paso County Sheriff's Office

 (attachment)

 

 

 

k)

$30.56 (Medicaid rate) to Rio Grande Diagnostic Imaging.  Funds are available in Account SHERIFFDETEN-6908.

Submitted by: SHERIFF RICHARD WILES, EL PASO COUNTY SHERIFF'S OFFICE

 (attachment)

 

 

 

l)

$15.28 (Medicaid rate) to Rio Grande Diagnostic Imaging.  Funds are available in Account SHERIFFJAILA-6908.

Submitted by: Sheriff Richard Wiles, El Paso County Sheriff's Office

 (attachment)

 

 

 

m)

$80.25 (Medicaid rate) to Rio Grande Pathology Services.  Funds are available in Account SHERIFFJAILA-6908.

Submitted by: Sheriff Richard Wiles, El Paso County Sheriff's Office

 (attachment)

 

 

 

n)

$101.00 (Medicaid rate) to Southwest ENT Consultants.  Funds are available in Account SHERIFFJAILA-6908.

Submitted by: Sheriff Richard Wiles, El Paso County Sheriff's Office

 (attachment)

 

 

 

o)

$506.03 (Medicaid rate) to Southwest Eye Institute.  Funds are available in Account SHERIFFJAILA-6908.

Submitted by: SHERIFF Richard Wiles, EL PASO COUNTY SHERIFF'S OFFICE

 (attachment)

 

 

 

p)

$102.54 (Medicaid rate) to Southwest Eye Institute.  Funds are available in Account SHERIFFJAILA-6908.

Submitted by: Sheriff Richard Wiles, El Paso County Sheriff's Office

 (attachment)

 

 

 

q)

$544.14 (Medicaid rate) to Southwest Eye Institute.  Funds are available in Account SHERIFFJAILA-6908.

Submitted by: Sheriff Richard Wiles, El Paso County Sheriff's Office

 (attachment)

 

 

 

r)

$135.75 (Medicaid rate) to Southwest Eye Institute.  Funds are available in Account SHERIFFJAILA-6908.

Submitted by: Sheriff Richard Wiles, El Paso County Sheriff's Office

 (attachment)

 

 

 

REPORTS

 

28.

Accept and take any other appropriate action related to the following quarterly reports:

 

 

 

a)

(Postponed 04/27/09, 05/04/09, 05/11/09, 05/18/09, 06/01/09) Office of the Constable, Pct.3

Submitted by:  , County Clerk's Office

 

 

 

b)

(Postponed 06/01/09) El Paso MHMR

Submitted by: Director Rosemary V. Neill, Family and Community Services


A copy of the full report may be found at
http://www.epcounty.com/meetings/commcourt/2009-06-08/28b.pdf

 

 

c)

(Postponed) 06/01/09) Office of the Constable, Pct. 6

Submitted by:  , County Clerk's Office

 

 

 

d)

(Postponed 06/01/09) El Paso County Historical Commission

Submitted by:  , County Clerk's Office

 

 

 

e)

Medical Examiner's Office

Submitted by: Chief Medical Examiner Paul W. Shrode, M.D., The Office of the Medical Examiner



A copy of the full report may be found at
http://www.epcounty.com/meetings/commcourt/2009-06-08/28e.pdf

 

 

f)

El Paso Mission Trail Association

Submitted by: Director Rosemary V. Neill, Family and Community Services



A copy of the full report may be found at
http://www.epcounty.com/meetings/commcourt/2009-06-08/28f.pdf

 

 

 

g)

Office of the Constable, Pct. 7

Submitted by:  , County Clerk's Office

 

 

 

REGULAR AGENDA

29.

(Postponed 06/01/09) Approve and authorize the County Judge to sign a Temporary Advertising Services Agreement, as corrected, for $25,000 between the County and LULAC Council 132 for general promotion and tourist advertising of its Gran Festival to attract visitors to El Paso County.

Submitted by: Director Rosemary V. Neill, Family and Community Services

 

 

30.

(Postponed 06/01/09) Discuss and take appropriate action regarding eleven (11) vehicles from the District Attorney's Office.

Submitted by: Human Resources Director Betsy C. Keller, Human Resources

 (attachment)

 

31.

(Postponed 06/01/09) Approve and authorize for the County Judge to sign the El Paso County Sheriff's Office - Xerox Maintenance Agreement and Addendum for the BITS copier.  The County Attorney's Office has reviewed the agreement (KK#09-102).

Submitted by: Sheriff Richard Wiles, Sheriff's Office - Administration

 

 

32.

Pursuant to Texas Local Government Code Section 362.051, discuss and take appropriate action to determine that drought conditions exist as per the Texas Forest Service and to prohibit the sale and use of restricted fireworks, specifically skyrockets with sticks and missiles with fins, in the unincorporated areas of the County for the Fourth of July Fireworks season, violation of which constitutes a Class C Misdemeanor offense.

Submitted by: County Judge Anthony Cobos, County Judge

 

 

33.

Discuss and take appropriate action on overtime payment to District Clerk employees working on past and future Passport Fairs that are held or have been held on Saturdays.

Submitted by: County Judge Anthony Cobos, County Judge

 

 

34.

Discuss and take appropriate action on a resolution authorizing tax resale for property described as Lots 17 thru 18, Block 325, Shadow Ridge Estates #23, in El Paso County, Texas. (PID #S335-023-3250-0170) and Lot 16, Block 326, Shadow Ridge Estates #23, in El Paso County, Texas.(PID #S335-023-3260-0160)

Submitted by: County Judge Anthony Cobos, County Judge

 (attachment)

 

35.

Discuss and take appropriate action regarding the position of Project/Executive Director for the Border Children's Mental Health Collaborative, and related County policies. 

Submitted by: Commissioner Pct. 1 Anna Perez, Commissioner Court

 

 

36.

Receive a report from Commissioners Veronica Escobar and Anna Perez regarding the applications to the El Paso Children's Hospital Board of Directors.  Further, approve and authorize the submission of six nominees to said Board.

Submitted by: Commissioner, Pct. 2 Veronica Escobar, Commissioners Court

 

 

37.

Discuss and take appropriate action concerning the contract with Kiss Concessions located at Ascarate Park.

Submitted by: County Commissioner Daniel R. Haggerty, Commissioner, Pct. 4

 

 

38.

Approve and authorize El Paso County Judge to sign and accept grant application to the U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention in the amount of $500,000.00 per year for a period of three years.  The grant is to assist the 65th Family Drug Court to provide services to the children of substance-abusing adults participating in the Drug Court.  The deadline for submittal is June 15, 2009.  The 25% match requirement will be satisfied with inkind services currently provided by the Court.

Submitted by: Office Manager Martha A. Banales, Council of Judges Adm

 (attachment)

 

39.

Readdress item # 7, motion # 6 to take the five year contract option for cost plan services with Maximus Consulting Services, Inc. which was approved for the Judge to sign on Monday June 1, 2009. 

Submitted by: county Auditor, CPA, CIO Edward A. Dion, Auditor's Office

 (attachment)

 

40.

Discuss and take appropriate action on the recommendation from the review committee regarding a request for exception from the hiring freeze for the County Clerk for a Collections Specialist position.

Submitted by: Human Resources Director Betsy C. Keller, Human Resources

 (attachment)

 

41.

Discuss and take appropriate action on the recommendation from the review committee regarding request for exception from the hiring freeze for the County Constable, Precinct 6 for a Deputy Constable position.

Submitted by: Human Resources Director Betsy C. Keller, Human Resources

 (attachment)

 

42.

Discuss and take appropriate action on the recommendation from the review committee regarding requests for exception from the hiring freeze for the District Clerk for an Office Specialist, Intermediate position and an Office Specialist position.

Submitted by: Human Resources Director Betsy C. Keller, Human Resources

 (attachment)

 

43.

Disposition of Bids----Bid # 09-030, Construction of Storm Water Improvements to the El Paso County Northeast Annex

Submitted by: Purchasing Agent Piti Vasquez, Purchasing

 (attachment)

 

44.

Disposition of Bids---Bid # 09-032, Bid - 40 Computers for the Sheriff's Department

Submitted by: Purchasing Agent  Piti Vasquez, Purchasing

 (attachment)

 

45.

Disposition of Bid- # 09-039, BID - Food Products for the County of El Paso

Submitted by: Purchasing Agent Piti Vasquez, Purchasing

 

 

46.

Disposition of Bid # 08-121,  Sedan for the Jail Annex

Submitted by: Purchasing Agent Piti Vasquez, Purchasing

 

 

 

EXECUTIVE SESSION

 

47.

Pursuant to Texas Government Code, Chapter 551:

 

 

 

a)

Executive Section pursuant to Texas Government Code 551.074 to discuss personnel issues concerning the Facility Maintenance Manager.

Submitted by: Human Resources Director Betsy C. Keller, Human Resources

 (attachment)

 

 

b)

(Postponed 04/27/09, 05/04/09, 05/11/09, 05/18/09, 06/01/09) Discuss possible land transactions with El Paso Community College, pursuant to Texas Government Code Section 551.072.

Submitted by: County Commissioner Daniel R Haggerty, Commissioner, Pct. 4

 (attachment)

 

 

c)

Discuss the property acquisition for the Guadalupe/Tornillo Port of Entry, pursuant to Government Code 551.072

Submitted by:  , County Clerk's Office

 

 

 

d)

Discuss potential land acquisition for the Northwest County Annex pursuant to Texas Government Code 551.072.

Submitted by: County Commissioner Daniel R. Haggerty, Commissioner, Pct. 4

 

 

 

e)

(Postponed 06/01/09) Discuss the grievance regarding Rosaura Loera, county attorney's case number GR-09-005 pursuant to Texas Government Code Section 551.071.

Submitted by: Assistant County Attorney Janet Monteros, County Attorney's Office

 

 

 

REGULAR SESSION

 

48.

Discuss and take appropriate action regarding the Facilities Maintenance Manager.

Submitted by: Human Resources Director Betsy C. Keller, Human Resources

 (attachment)

 

49.

(Postponed 04/27/09, 05/04/09, 05/11/09, 05/18/09, 06/01/09) Take appropriate action relating to possible land transactions with El Paso Community College.

Submitted by: County Commissioner Daniel R Haggerty, Commissioner, Pct. 4

 

 

50.

Take appropriate action concerning land acquisition for the Northwest County Annex.

Submitted by: County Commissioner Daniel R. Haggerty, Commissioner, Pct. 4

 

 

ADDENDUM TO AGENDA

 

1.

Discuss and take appropriate action to cover / reimburse legal fees for County Judge Anthony Cobos incurred pertaining to Ethics Complaint filed by Emma Acosta and, in addition, to seek re-imbursement from Ms. Acosta.

Submitted by: County Judge Anthony Cobos, County Judge's Office

 

 

2.

Consent Agenda: Approve and authorize the County Judge to sign the BCMHC-HIPAA Business Associate Agreement with the Texas Health and Human Services Commission.  This business agreement is another part of contract KK-09- 019 Texas Health and Human Services Commission Intergovernmental Cooperation Contract to provide services to Local Community Resource Coordination Groups previously approved by Commissioners Court.

Submitted by: County Commissioner Daniel R. Haggerty, Commissioner, Pct. 4

 (attachment)