EL PASO COUNTY COMMISSIONERS COURT
VERONICA ESCOBAR
County Judge
CARLOS LEON
Commissioner, Pct. 1

VINCENT PEREZ
Commissioner, Pct. 3
SERGIO LEWIS
Commissioner, Pct. 2

DANIEL R. HAGGERTY
Commissioner, Pct. 4
Seal

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

AGENDA
Regular Meeting,  4/22/2013 9:30:00 AM
Open Meeting -
Pledge of Allegiance -
Resolutions
1.
Approve and adopt a resolution designating April 22-28, 2013 as "Drug Endangered Children Awareness Week" in El Paso County, Texas.
Submitted by: County Judge Veronica Escobar, Commissioners Court, (915) 546-2098
2.
Approve and adopt a resolution recognizing April 21 - 27, 2013 as "National Crime Victims' Rights Week" in El Paso County, Texas.
Submitted by: District Attorney Jaime Esparza, District Attorney's Office (915) 546-2059
3
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
4.
Approve the Minutes of the regular meetings of March 25, 2013 and April 15, 2013, and the special meetings of September 6, 2012; September 12, 2012; September 18, 2012 and April 18, 2013.
Submitted by: , County Clerk's Office (915) 546-2071
5.
Pursuant to the Texas Local Government Code, Section 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 Edward A. Dion, County Auditor's Office (915) 546-2040
6.
Approve amendment No. 21 to the County of El Paso's 2012-2013 operating budget.  This budgetary amendment will increase Grants by $302,582.33, as noted on the attachment, thus increasing the overall operating budget of $293,890,219.87 to $294,192,802.20.
Submitted by: County Auditor Edward A. Dion, County Auditor's Office (915) 546-2040
7.
Approve and authorize the County Judge to execute the TxDOT FY2013 Click It or Ticket (CIOT) Incentive online grant application for the El Paso County Constable's Office, Precinct 4 in the amount of $3,000.00.  The grant will be utilized to purchase equipment to perform traffic enforcement during the enforcement period of the office's previously approved Impaired Driving Mobilization Enforcement Grant.  The County Attorney's Office has reviewed and approved as to legal form (2013-0125).
Submitted by: Constable Luis Aguilar, Pct. 4
8.
Approve and authorize the County Judge to sign the attached Purchase Agreement from XEROX in the amount of $300.  Probate Court #1 had been leasing the copier for several years and has decided to purchase the copier.
Submitted by: Office Manager Martha A. Banales, Council of Judges Administration (915) 546-2143
9.
Approve and authorize the appointment of Gabriela Contreras to the Ethics Commission.
Submitted by: Commissioner Vincent M. Perez, Pct. 3 (915) 546-2144
10.
Approve and authorize the County Parks Manager Reynaldo Chavez to execute an El Paso County Parks and Recreation Department Facilities Use Agreement for Movies by the Lake.  Further, approve and authorize the contract # 13-0200 to include a non-refundable agreement once a deposit is made to sponsor Movies by the Lake.
Submitted by: County Judge Veronica Escobar, Commissioners Court (915) 546-2098
11.
Approve and authorize the hiring of a temporary office specialist for the District Attorney's Office at the hourly rate of pay for an Office Specialist ($10.56) for no more than 40 hours per week to replace an employee of the District Attorney's Office who is out on long term absence without pay for an indefinite period. There is no increased budgetary impact. Funds are available in the District Attorney budget sub-object 3001 - Salaries. 
Submitted by: District Attorney Jaime Esparza, District Attorney's Office (915) 546-2059
12.
Approve the recommendation from the El Paso County Staffing Review Committee (SRC) regarding Request #2013-025 to waive the 6 week hiring freeze for a Software Developer (P16) position for the Information Technology Department and authorize the department to fill the vacancy, which is budgeted, but will result in the County forgoing savings of $9,655 for FY2013. There will be a projected budget impact of $3,466 due to the payout of accrued vacation hours with the final paycheck.
Submitted by: Director Betsy C. Keller, SPHR, Human Resources Department (915) 546-2218
13.
Approve and authorize the County Judge to sign a request and allow Mental Health Support Services to apply for a no-cost extension on Federal Grant Award #2010-MO-BX-0057 JMHCP/Planning and Implementation awarded by Department of Justice, Office of Justice Programs through the Office of the Assistant Attorney General. The current project period ended on March 30, 2013. The request would change the project period to an end date of September 30, 2013. There is no required cash match from the County of El Paso.
Submitted by: Director Rita Ruelas, Mental Health Support Services (915) 775-2701
14.
Approve and authorize the County Judge to sign the Resolution/Internet Submission Form required for the automatic application renewal for the El Paso Specialty Court Attorney Grant FY2014 from the Texas Indigent Defense Commission and authorize the submission of the grant application via TIDC's internet portal. A 40% cash match is required and funds are available in either the Un-allocated General Fund Grant match or INDEFENSEEN accounts. Further, authorize the Judge to sign a letter to the grantor requesting a grant amendment to include COLAs and step increases in the grant budget for FY2014 to 2016.
Submitted by: Deputy Chief Public Defender Carole Powell, Public Defender's Office (915) 546-8185
15.
Approve the Certificates of Plat Compliance (under Texas Local Government Code Section 232.028 (a), as provided on the attached listing.
Submitted by: Public Works Director Ernesto Carrizal III, P.E., Public Works Department (915) 546-2015
16.
Approve and adopt a resolution designating the month of April as a Fair housing Month for the County of El Paso. Further, authorize the Purchasing Agent to publish a notice for the Forty Fifth (45th) anniversary of the National Fair Housing Law as required by the Texas Department of Agriculture (TDA) and Texas Department of Housing and Community Affairs (TDHCA). Advertisement funds are available in account plandevelop-6022.
Submitted by: Public Works Director Ernesto Carrizal III, P.E., Public Works Department (915) 546-2015
17.
Authorize the County Judge to execute the Unimproved Property Contract for the purchase of 0.43 acres located in section 19, Block 79, T&PRR Co. Surveys, township 3, El Paso County, Texas for the use as a water tower location for Colonia Revolucion water project. The purchase price is $18,745.80 plus closing costs, to be determined. Funds are available through the USDA-RD grant under COLONIAREV12 Sub-Object 9502.
Submitted by: Public Works Director Ernesto Carrizal III, P.E., Public Works Department (915) 546-2015
18.
Approve and authorize the County Judge to sign the electrical easement with El Paso Electric at the intersection of Vinton Avenue and Ninth Street in Canutillo, Texas, in order to provide service to a customer.
Submitted by: Public Works Director Ernesto Carrizal III, P.E., Public Works Department (915) 546-2015
19.
Approve and authorize the County Judge to sign the Interlocal Agreement between the County of El Paso and the El Paso County Tornillo Water Improvement District for On-Site Sewage and Environmental Services at a cost of $1.00 per month.
Submitted by: Public Works Director Ernesto Carrizal III, P.E., Public Works Department (915) 546-2015
20.
Approve and authorize the County Judge to execute the attached Subdivision Construction Agreement for West Texas Estates Subdivision.
Submitted by: Public Works Director Ernesto Carrizal III, P.E., Public Works Department (915) 546-2015
21.
Approve and authorize the County Purchasing Agent to solicit bids for 20(ea.) ADA and 2009 IBC compliant, 5 row, 21' w/chain link guardrail bleachers for Ascarate Park.  The specifications were reviewed and approved by the Procurement Review Panel on March 21, 2013.
Submitted by: Public Works Director Ernesto Carrizal III, P.E., Public Works Department (915) 546-2015
22.
Approve and authorize the County Purchasing Agent to solicit bids on these items: a) One Grounds Master 4100-D Rotary Mower or equivalent; b) Five John Deer Gator 4x2 Utility vehicles or equivalent for the Sportspark.  The specifications were reviewed and approved by the Procurement Review Panel on April 19, 2013.
Submitted by: Public Works Director Ernesto Carrizal III, P.E., Public Works Department (915) 546-2015
23.
Approve and authorize the transfer and removal of inventory from the Office of the County Attorney to the Purchasing Department, as listed in the backup.  This will be reused in the future.
Submitted by: Assistant Purchasing Agent Jose Lopez, Purchasing Department (915) 546-2048
24.
Approve and authorize the transfer and removal of inventory from the Office of the Constable, Pct. 4 to the Purchasing Car lot, as listed in the backup.
Submitted by: Assistant Purchasing Agent Joe Lopez, Purchasing Department (915) 546-2048
25.
Approve and authorize the transfer of items and removal from inventory from the Sheriff's-Downtown Jail to the Purchasing Department. See Attachment.
Submitted by: Assistant Purchasing Agent Joe Lopez, Purchasing Department (915) 546-2048
26.
Approve and authorize the transfer of items and removal from inventory from the Justice Court Pct. 6, Place 2 and the Sheriff's Office Evidence/Abandoned Division, as listed in the backup. 
Submitted by: Assistant Purchasing Agent Joe Lopez, Purchasing Department (915) 546-2048
Regular Agenda
27.
Discuss and take appropriate action on prohibiting the use of private/personal cellular phones for texting, instant messaging and the use of private/personal electronic devices during open meeting by a Court member.
Submitted by: County Commissioner Pct. #2 Sergio Lewis, Commissioners Court, (915) 546-2111
28.
Discuss and take appropriate action regarding the 83rd Legislative Session to present information for the Court's consideration regarding pending legislation and to receive reports regarding the County's federal legislative initiative and take any action necessary.
Submitted by: , County Clerk's Office (915) 546-2071
29.
Approve and authorize the County Judge to sign the Local Transportation Project Non-Construction Advance Funding Agreement for a Congestion Mitigation/Air Quality Project with the Texas Department of Transportation in the amount of $549,000 to support the County's Vamonos Vanpool program for a period beginning with the execution of the document and ending on August 31, 2017.
Submitted by: Director Rosemary V. Neill, Family and Community Services (915) 834-8201
30.
(Postponed 4/15/13) Approve and authorize the Assistant Purchasing Agent to solicit bids for Janitorial Supplies for the County of El Paso.  Specifications approved by PRP on April 11, 2013.
Submitted by: Assistant Purchasing Agent Joe Lopez, Purchasing Department (915) 546-2048
31.
(Postponed 4/15/13) Approve and authorize the Assistant Purchasing Agent to award the following bid/RFP:  a.) ITD:  RFP # 13-006 E-Citation Software and Hardware Equipment for the El Paso County.  PRP approved 4/11/2013.
Submitted by: Assistant Purchasing Agent Joe Lopez, Purchasing Department (915) 546-2048
32.
Approve and authorize the County Judge to sign the Interlocal Agreement for Operation Stonegarden 2012 for the El Paso County Sheriff's Office, El Paso Police Department, Horizon Police Department and Anthony Police Department in the amount of $2,100,000.00 from 07/01/2013 to 02/28/2014 (Contract #2013-0197).
Submitted by: Sheriff Richard D. Wiles, EPCSO-Grants (915) 538-2216
Executive Session
33.
Pursuant to Texas Government Code, Chapter 551:
a)
Discuss Civil Service matter regarding Laura Isabel Meza, County Attorney's case number GR-13-002, pursuant to Texas Government Code Section 551.071.
Submitted by: Assistant County Attorney Kathleen C. Anderson, County Attorney's Office (915) 546-2050
b)
Discuss the pending EEOC claim and potential litigation of charge number: 453-2013-00403, County Attorney's case number EE-13-004, pursuant to Texas Government Code Section 551.071.
Submitted by: Assistant County Attorney Kathleen C. Anderson, County Attorney's Office (915) 546-2050
c)
Discuss the pending EEOC Charge No. 453-2013-00630, County Attorney's number EE-13-008, pursuant to Texas Government Code Section 515.071.
Submitted by: Assistant County Attorney Ruben Duarte, County Attorney's Office (915) 546-2050
d)
Discuss the pending claim of Irene Castillo Saenz, County Attorney file number LC-13-022, pursuant to Texas Government Code Section 551.071.
Submitted by: Assistant County Attorney Michael R. Wyatt, County Attorney's Office (915) 546-2050
e)
Discuss the pending claim of Alice (Aaron) Rosas; County Attorney file number LC-13-039, pursuant to Texas Government Code Section 551.071.
Submitted by: Assistant County Attorney Michael R. Wyatt, County Attorney's Office (915) 546-2050
Regular Session
34.
Discuss and take appropriate action regarding Laura Isabel Meza, County Attorney's case number GR-13-002.
Submitted by: Assistant County Attorney Kathleen C. Anderson, County Attorney's Office (915) 546-2050
35.
Discuss and take appropriate action on the pending EEOC claim and potential litigation of charge number 453-2013-00403, County Attorney's case number EE-13-004.
Submitted by: Assistant County Attorney Kathleen C. Anderson, County Attorney's Office (915) 546-2050
36.
Discuss and take action on the pending claim of Irene Castillo Saenz, County Attorney file number LC-13-022.
Submitted by: Assistant County Attorney Michael R. Wyatt, County Attorney's Office (915) 546-2050
Addendum
Regular Meeting, 4/22/2013 9:30:00 AM
1.
Discuss and take appropriate action to amend the current policy regarding County purchases of cellular phones for employees. Further, discuss and take appropriate action regarding the purchase of cellular phones for Commissioners Court and staff.
Submitted by: Commissioner Vincent M. Perez, Pct.3 (915) 546-2144