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://intranet/apps/video
AGENDA
Regular Meeting, 2/22/2010 9:30:00 AM

OPEN MEETING -

PLEDGE OF ALLEGIANCE -

RESOLUTIONS
1.	Approve and adopt a resolution designating February 27, 2010 as "National Trio Day" in El Paso County, Texas. Submitted by: Commissioner, Pct. 2 Veronica Escobar, Commissioners Court	(attachment)
2.	Approve and adopt a resolution in support of the establishment of an Aging and Disability Resource Center in El Paso County, Texas. Submitted by: Commissioner, Pct. 2 Veronica Escobar, Commissioners Court	(attachment)

PRESENTATION
3.	Receive a Presentation from Michael A. Tomor, Ph.D., Deputy Director for Museums, City of El Paso on hotel occupancy tax cross marketing opportunities for the 2010 Women's Championship Tournament and the Walters Art Museum Traveling Exhibition of Bedazzled: 5,000 Years of Jewlery. Submitted by: Commissioner Pct. 1 Anna Perez, Commissioner Court
4.	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
5.	Approval of the Minutes of the regular meeting of February 8, 2010 and the special meetings of February 2, 2010; February 4, 2010; February 8, 2010; and February 16, 2010.  Submitted by:  , County Clerk's Office
6.	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 Auditors Office	(attachment) (attachment) (attachment) (attachment) (attachment) (attachment) (travel)  (attachment)
7.	Approve amendment No. 15 to the 2009-2010 County of El Paso Operating Budget.  This amendment will increase Grants by $339,673 thus increasing the overall operating budget of $269,435,305 to $269,774,978.  Submitted by: County Auditor Edward A. Dion, County Auditors Office	(attachment)
8.	Pursuant to the Texas Local Government Code, Sections 114.023, 114.024, 114.025 and 114.026, please accept the interim financial report for the month ended January 2010.  This report is located on the Internet at: www.epcounty.com/auditor/publications/default.htm Submitted by: County Auditor Edward A. Dion, County Auditors Office	(attachment)
9.	Pursuant to the Texas Government Code, Title 10, Section 2256.003, please accept the attached investment report for the quarter ended December 31, 2009.  Submitted by: County Auditor Edward A. Dion, County Auditors Office	(attachment)
10.	Approve the transfer of items listed on the attachment from the Auditor’s Office to the Purchasing Department. Submitted by: County Auditor Edward A. Dion, County Auditor's Office	(attachment)
11.	Approve the Certificates of Plat Compliance (Under Texas Local Government Code Section 232.28(a), as provided on the attached listing. Submitted by: Public Works Director Robert Rivera, P.E., County Road and Bridge	(attachment)
12.	Approve and authorize the County Judge to sign a service maintenance agreement with Spectrum Imaging for the copy machine in the Commissioners Court common area.       Submitted by: County Judge Anthony Cobos, County Judge	(attachment)
13.	In compliance with the El Paso County Code of Ethics, pursuant to Article XII, acknowledge the campaign contributions of $1000 or more from the following individuals: J.A. Cardwell, Jose Rodriguez Campaign, El Paso Municipal Police Officer's Association PAC, J. Robert and Sherry Brown, Noel R. Rosenbaum, Patrick and Laura Gordon, TREPAC (Texas Association of Realtors), El Paso Firefighters, Local 51 and El Paso Sheriffs Association PAC Submitted by: Commissioner, Pct. 2 Veronica Escobar, Commissioners Court	(attachment)
14.	Authorize the Purchasing Agent to sign all necessary documents to acquire a 2.12 acre tract of land out of Tract 2, U.S. Parcel No. 173, San Elizario Grant, El Paso County, Texas and authorize the Auditor to issue a check in payment for the parcel in the amount of $155,000 plus all necessary closing costs.  This tract is being purchased from Tornillo Independent School District for a portion of the new site of the Tornillo-Guadalupe Port of Entry and includes both land and building improvements.  Funds are available and have been allocated by the Auditor's Office.  Submitted by: Executive Division Chief Cygne Nemir, County Attorney's Office
15.	Approve and authorize the County Judge to sign the Outside Counsel Agreement with Ray Valdez McChristian & Jeans, P.C. regarding Jode Bejarano v. County of El Paso; Cause No. 2008-1665. Submitted by: Civil Unit Division Chief Ralph Girvin, County Attorneys Office	(attachment)
16.	Approve and authorize the El Paso County Judge to accept the grant award from the Office of the Texas Governor for the District Attorney's Border Prosecution Unit (Grant CH-10-A10-22837-01) in the amount of $1,785,350.00 for grant period 09/01/2009 - 08/31/2010 with no County Match required. Submitted by: District Attorney Jaime Esparza, District Attorney's Office	(attachment)
17.	Approve and authorize the transfer of a Chevrolet Impala (VIN: 2G1WF55K629301230) from the Office of the Constable, Precinct #4, to the County Purchasing Agent for disposal.         Submitted by: Constable Luis Aguilar, Constable, Precinct 4	(attachment)
18.	Approve and authorize the payment of $2,000.00 for the mandatory training of mentors within the budget of the Office of Juvenile Justice and Deliquency Prevention grant to the YESS Institute, at no cost to the County of El Paso. Submitted by: Project Director Rita Ruelas, Border Children's Mental Health Collaborative	(attachment)
19.	The DRO requests Commissioner's Court permission to seek donations for the Children's Play Room on the 11th floor of the courthouse. This request will be for children's books and VHS tapes, colored chalk/erasers and things of this nature. The Family Bar, Family Courts and DRO have been renovating this area and would like to request gently used items for the playroom. This request will not impact the general fund. Submitted by: Interim Executive Director Jim Fashing, Domestic Relations Office	(attachment)
20.	The DRO request Commissioner's Court permission to seek donations for the purchase and installation of changing stations in the men's and women's restrooms in the lower level of the courthouse. The DRO, Passport Office, and cafeteria are visited by parents with infant children who have no place to change them but on the floor. This internet site lists them at less than $200 with free shipping: http://www.babychangingstationsonline.com . This request will not impact the general fund. Submitted by: Interim Executive Director Jim Fashing, Domestic Relations Office	(attachment)
21.	Request approval of and authorization for the County Judge to sign the Agreement to provide first offenders and their parents, family violence intervention and prevention services, between the El Paso County, on behalf of the El Paso County Juvenile Probation Department, and the Center Against Family Violence (CAFV).  This agreement shall be effective upon execution and shall continue for one year.  This agreement has been reviewed and  approved as to form by the County Attorney:  Contract Number:  KK-09-472. Submitted by: Chief Juvenile Probation Officer Roger Martinez, Juvenile Probation Department	(attachment)
22.	Request approval of and authorization for the County Judge to sign the Outdoor Lighting Service Agreement, between the El Paso County, on behalf of the El Paso County Juvenile Probation Department and the El Paso Electric Company.  This agreement shall remain in effect for an initial period of two (2) years from the date of execution.  This agreement has been reviewed and approved as to form by the County Attorney:  Contract Number:  KK-10-072. Submitted by: Chief Juvenile Probation Officer Roger Martinez, Juvenile Probation Department	(attachment)
23.	Request approval of and authorization for the County Judge to sign the Amendment to Individual and Family Group Psychological Services Agreement, between the El Paso County, on behalf of the El Paso County Juvenile Probation Department, and Aliviane NO-AD, Inc. This Agreement renewal is effective February 1, 2010 regardless of its date of execution.  This agreement has been reviewed and approved as to form by the County Attorney:  Contract Number KK-10-005. Submitted by: Chief Juvenile Probation Officer Roger Martinez, Juvenile Probation Department	(attachment)
24.	Request approval of and authorization for the County Judge to sign the Amendment for Individual and Family Group Psychological Services Agreement, between the El Paso County, on behalf of the El Paso County Juvenile Probation Department, and J. Vincent Henneburg d/b/a/ Henneburg Counseling.  This amendment agreement renewal is effective February 1, 2010 regardless of its day of execution.  This contract has been reviewed and approved as to form by the County Attorney:  Contract Number KK-10-010. Submitted by: Chief Juvenile Probation Officer Roger Martinez, Juvenile Probation Department	(attachment)
25.	Request approval of and authorization for the County Judge to sign the Amendment for the Sex Offender Treatment Services Agreement, between the El Paso County, on behalf of the El Paso County Juvenile Probation Department and The Family Empowerment Center.  This agreement renewal is effective February 1, 2010, regardless of its date of execution.  This agreement has been reviewed and approved as to form by the County Attorney:  Contract Number KK-10-009. Submitted by: Chief Juvenile Probation Officer Roger Martinez, Juvenile Probation Department	(attachment)
26.	Request approval of and authorization for the County Judge to sign the Amendment for Individual and Family Group Psychological Services, between the El Paso County, on behalf of the El Paso County Juvenile Probation Department and Pinnacle Social Services, L.L.C.  This renewal is effective on February 1, 2010, regardless of its date of execution.  This agreement has been reviewed and approved as to form by the County Attorney:  Contract Number KK-10-011. Submitted by: Chief Juvenile Probation Officer Roger Martinez, Juvenile Probation Department	(attachment)
27.	Request ratification of the submission of Grant Application No. 23232-01 to the Governor's Office and for the County Judge to sign the attached Resolution in support of grant funding available through the Governor's Office, Criminal Justice Division for the Project Hope - Juvenile Mental Health Court Program in support of the mental health treatment funding and staff training.  This grant application was due to the Governor's Office by February 12, 2010.  If grant is awarded the funding period will be September 1, 2010 through August 31, 2011.  The Grant Application and Resolution have been reviewed and approved as to form by the County Attorney:  KK-10-059. Submitted by: Chief Juvenile Probation Officer Roger Martinez, Juvenile Probation Department	(attachment)
28.	Approve and authorize the Manager of the El Paso County Transit Program to pursue Congestion Mitigation Air Quality (CMAQ) funds through the El Paso Metropolitan Planning Organization (MPO) for funding of an El Paso County Carpool Program.  No County funds will be required. Submitted by: Director Rosemary V. Neill, Family and Community Services	(attachment)
29.	Approve and authorize the County Judge to execute Grant Amendment #3 State Project No. 51824F7097 PTN Grant Agreement No. RPT 0801(24)31 with the Texas Department of Transportation (TxDOT) which amends Grant Amendment #3 (KK-09-272) for the purchase of a bus for the County Rural Transit Program.  No County funds will be required. Submitted by: Director Rosemary V. Neill, Family and Community Services	(attachment)
30.	Approve and authorize Family and Community Services program staff to apply for $109,374 in Emergency Food and Shelter Program funds through the United Way for rental assistance from Phase 28 Local Board Plan-Stewart B. McKinney Homeless Assistance Act and authorize the County Judge to sign all appropriate documents that enable the County's General Assistance program to submit an application for funding from this resource.  Submitted by: Director Rosemary V. Neill, Family and Community Services	(attachment)
31.	Approve and authorize the use of our County Master Service Interlocal Contract between Harris County Education and El Paso County allowing for a cooperative purchasing program for goods and services for the construction of a new restroom at the Sportspark.  Funds are available.  Submitted by: Interim Director Rosemary V. Neill, Park, Golf and Aquatics	(attachment)
32.	Approve and authorize the Purchasing Agent to use the Buy Board to purchase batting cages, scoreboards, and dark sky compliant lighting for the Sportspark.  Funds are available.  Submitted by: Interim Director Rosemary V. Neill, Park, Golf and Aquatics	(attachment)
33.	Approve and authorize the County Judge to sign a Contract for Architectural Services Between Owner and Architect with Sites Southwest, LLC for a construction project identified as RFQ-08-160 for landscape design services at Ascarate Park.  Submitted by: Interim Director Rosemary V. Neill, Park, Golf and Aquatics	(attachment)
34.	Approve and authorize the County Judge to sign a Fixed Price Construction Contract Between Owner and Contractor for a construction project identified as Bid Number 09-089 for the re-roofing of the Ascarate Pool, the Fabens (O'Donnell) Pool and the Gallegos Park Pool.  Submitted by: Interim Director Rosemary V. Neill, Park, Golf and Aquatics	(attachment)
35.	Approve and authorize the County Judge to sign a Fixed Price Construction Contract Between Owner and Contractor with Mirador Enterprises for a construction project identified as Bid Number 09-067 for backstops, covered dugouts, and fencing for four fields at Ascarate Park. Submitted by: Interim Director Rosemary V. Neill, Park, Golf and Aquatics	(attachment)
36.	In compliance with the El Paso County Code of Ethics, pursuant to Article XII, acknowledge the campaign contribution report form submitted by Sergio Coronado. Submitted by: Human Resources Director Betsy C. Keller, SPHR, Human Resources	(attachment)
37.	In compliance with the El Paso County Code of Ethics, pursuant to Article XII, acknowledge the campaign contribution report form submitted by Sergio Lewis. Submitted by: Human Resources Director Betsy C. Keller, SPHR, Human Resources	(attachment)
38.	Approve the committee's recommendation on Request #2010-017 to approve waiving the hiring freeze for one Project Coordinator position for District Clerk contingent upon the position being funded $9,130 from DISTRCLKRMP and $22,722 from DISTCLERK and the position being filled internally and the subsequent vacancy of Account Clerk being left vacant.  Also, approve the funding distribution as proposed: $9,130 from DISTCLKRMP and $22,722 from DISTCLERK. Submitted by: Human Resources Director Betsy C. Keller, SPHR, Human Resources	(attachment)
39.	Authorize the Child Welfare Board to transfer a desk, item #0043528, to the Purchasing Department. Submitted by:  Bea Huml, Child Welfare Board
40.	Approve and authorize the removal  of the following items from Purchasing Copy Room. Microwave- 0061944; Westinghouse Refrigerator-0028054. These items are no longer useable. Submitted by: Purchasing Agent Piti Vasquez, Purchasing
41.	Approve and authorize the County Judge to sign the Change Order No. 1 with JAR Construction, Inc., for the El Paso Hills Border Colonia Access Program decreasing the contract price by $165,681.82. Submitted by: Public Works Director Robert Rivera, P.E., County Road and Bridge	(attachment)
42.	Approve and adopt a Resolution designating the County Judge, the County Auditor and the Budget and Finance Manager as authorized signatories for the State of Texas purchase vouchers and requests for advance or reimbursement forms in accordance with the Texas Department of Rural Affairs (TDRA). Submitted by: Public Works Director Robert Rivera, P.E., County Road and Bridge	(attachment)
43.	Approve and authorize the Purchasing Agent to publish a Notice of Intent to Request for Release of Funds (RROF) for the 2009-Texas Community Development Program (CFC) Grant Contract No.  729035.  These documents are to obtain environmental clearance from Texas Department of Rural Affairs (TDRA). Submitted by: Public Works Director Robert Rivera, P.E., County Road and Bridge	(attachment)
44.	Approve and authorize the County Judge to allow the El Paso County Sheriff's Office on behalf of the County to apply and submit projects for fiscal year 2011 the House Committee on Appropriations from Congressional District #16 and #23 due February 19, 2010.  Submitted by: Sheriff Richard D. Wiles, SO-Administration	(attachment)
45.	Approve and authorize the County Judge to sign the El Paso County Sheriff's Office - Interlocal Agreement with the University of Texas at El Paso (UTEP) Police Department for deployment for the Crime Records Information Management Enterprise System (RMS).  The County Attorney's Office has reviewed the Interlocal (KK#10-069). Submitted by: Sheriff Richard D. Wiles, SO-Administration	(attachment)
46.	Approve and authorize the County Judge to sign the El Paso County Sheriff's Office performance licensing agreement for correction institutions, Swank Motion Pictures, Inc. from March 1, 2010 to February 28, 2011.  The County Attorney's Office has reviewed the license agreement (KK#10-071).  Submitted by: Sheriff Richard D. Wiles, SO-Administration	(attachment)
47.	Approve and authorize to transfer unserviceable equipment for the Detention Facility to the County Purchasing Agent for disposal.  All items have been approved by County Purchasing.  Please see attachment. Submitted by: Sheriff Richard Wiles, El Paso County Sheriff's Office	(attachment)
48.	Approve and authorize to transfer unserviceable equipment for the Detention Facility to the County Purchasing Agent for disposal.  All items have been approved by Purchasing.  Please see attachments. Submitted by: Sheriff Richard Wiles, El Paso County Sheriff's Office	(attachment)
49.	Approve and authorize to transfer unserviceable equipment for the Detention Facility to the County Purchasing Agent for disposal.  All items have been approved for disposal by County Purchasing.  Please see attachments. Submitted by: Sheriff Richard Wiles, Sheriff's Office	(attachment)

REPORTS
50.	Accept and take any other appropriate action related to the following quarterly reports:
	a)	(Postponed 12/14/09, 01/04/10, 01/11/10, 01/25/10, 02/01/10, 02/08/10) Office of the Constable, Pct. 6 Submitted by:  , County Clerk's Office
	b)	Domestic Relations Office Submitted by: Interim Executive Director Jim Fashing, Domestic Relations Office A copy of the full report may be found at http://www.epcounty.com/meetings/commcourt/2010-02-22/50b.pdf
	c)	Human Resources Department    Submitted by: HR Director Betsy C. Keller, SPHR, Human Resources A copy of the full report may be found at http://www.epcounty.com/meetings/commcourt/2010-02-22/50c.pdf
	d)	Office of the Constable, Precinct 4  Submitted by: Constable Luis Aguilar, Constable, Precinct 4 A copy of the full report may be found at http://www.epcounty.com/meetings/commcourt/2010-02-22/50d.pdf
	e)	Information Technology Department Submitted by: Chief Technology Officer Peter Cooper, Information Technology Department A copy of the full report may be found at http://www.epcounty.com/meetings/commcourt/2010-02-22/50e.pdf

REGULAR AGENDA
51.	(Postponed 02/08/10) Approve and authorize the closure of Socorro Rd. (from Tiwa Blvd. to Denton Rd. in San Elizario) from 7:00 a.m. on Sunday, September 5, 2010 for the Eagle in the Sun Triathlon, which will include uniformed officers to control traffic for the safety of participating athletes.  Submitted by: County Commissioner Willie Gandara, Jr. , Pct. 3
52.	(Postponed 02/08/10) Approve and authorize the County Judge to sign the Interlocal Agreement with the Rio Grande Council of Governments for the El Paso County Sheriff's Office Training - Academy Region VII 421 grant from September 1, 2009 to August 31, 2010.  Submitted by: Sheriff Richard D. Wiles, SO - Administration	(attachment)
53.	Discuss and take appropriate action concerning adding or removing organizations from jury donations. Currently Muscular Dystrophy Association wants to be added to the list. Submitted by: District Clerk Gilbert Sanchez, District Clerk's Office	(attachment)

EXECUTIVE SESSION
54.	Pursuant to Texas Government Code, Chapter 551:
	a)	Discuss personnel matter concerning the Chief Medical Examiner, pursuant to Texas Government Code 551.074       Submitted by: County Judge Anthony Cobos, County Judge
	b)	Discuss the property acquisition for the Guadalupe/Tornillo Port of Entry, pursuant to Texas Government Code §551.072. Submitted by:  , County Clerk's Office
	c)	(Postponed 01/25/10, 02/01/10)  Discuss the pending litigation in Cause No. EP-09-CV-0119-KC, entitled County of El Paso, Texas vs. Luther Jones, et al., County Attorney No. PL-08-001, pursuant to Texas Government Code Section 551.071. Submitted by: Assistant County Attorney Manuel Romero, County Attorney's Office
	d)	Discuss potential litigation regarding Maria G. Sanchez; CA No: GR-09-045; pursuant to Texas Government Code Section 551.071. Submitted by: Assistant County Attorney Naomi Gonzalez, County Attorneys Office
	e)	Pursuant to Texas Government Code Section 551.071, discuss and take appropriate action regarding claim by Perspectiva. Submitted by: Division Chief Lee Shapleigh, County Attorney's Office

REGULAR SESSION
55.	Discuss and take appropriate action on a personnel matter concerning the Chief Medical Examiner.       Submitted by: County Judge Anthony Cobos, County Judge
56.	Discuss and take appropriate action on potential litigation regarding Maria G. Sanchez; CA No: GR-09-045. Submitted by: Assistant County Attorney Naomi Gonzalez, County Attorneys Office
57.	Discuss and take appropriate action regarding claim by Perspectiva. Submitted by: Division Chief Lee Shapleigh, County Attorney's Office/General Counsel Unit

ADDENDUM TO AGENDA
Regular Meeting, 2/22/2010 9:30:00 AM
	1.	Authorize the County Judge to sign the Interlocal with the El Paso County Water Improvement District for construction of four (4) water crossings.  The form of easement is an attachment to the Interlocal and will be signed when the work is complete.  This work is required as part of the construction of the Miguel Aguilera Highway.  This Interlocal was previously approved by the county, but clarifications were necessary.  A check was issued but is being held pending signing of the Interlocal by the Water Improvement District.  Submitted by: Executive Division Chief Cygne Nemir, County Attorney's Office	(attachment)
	2.	Discuss and take appropriate action regarding FY2011 federal appropriations requests. Submitted by: Commissioner  Willie Gandara Jr. , Precinct 3
	3.	Consent Agenda: Approve and authorize the appointment of Dr. David J. Rueda to the Tornillo Management District Board of Directors effective immediately. Submitted by: County Commissioner Willie Gandara, Jr., Pct. 3	(attachment)
	4.	Consent agenda: Approve the committee's recommendation on Request #2010-018 regarding waiving the hiring freeze for Collections Specialist positions for the County Clerk's Office. Submitted by: County Commissioner Daniel R. Haggerty, Commissioner, Pct. 4
	5.	Discuss and take appropriate action regarding the implementation of Sportspark gate fees, as initially approved during budget hearings of FY 2010. Submitted by: Commissioner Pct. 1 Anna Perez, Commissioner Court
	6.	Discuss and take appropriate action to appoint County Judge Anthony Cobos to the Executive Board of El Paso Community Action Program, Project BRAVO, Inc. Submitted by: County Judge Anthony Cobos, Office of the County Judge