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EL PASO COUNTY
COMMISSIONERS COURT
ANTHONY COBOS
County Judge
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ANNA PEREZ
Commissioner, Pct.
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WILLIE GANDARA
Commissioner, Pct.
3
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VERONICA ESCOBAR
Commissioner, Pct.
2
DANIEL R. HAGGERTY
Commissioner, Pct.
4
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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
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AGENDA
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Regular Meeting, 6/14/2010 9:30:00 AM
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OPEN MEETING -
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PLEDGE OF ALLEGIANCE -
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PRESENTATION
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1.
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Acknowledge the
receipt of the 2009 Distinguished Service Award from the
Texas Historical Commission to the El Paso County Historical Commission.
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Submitted by: Commissioner, Pct. 2 Veronica
Escobar, Commissioners Court
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2.
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Receive a
presentation from the El Paso Fire Department and the Fire Marshals
Office on the 4th of July fireworks enforcement initiative.
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Submitted by: County Judge Anthony Cobos, County
Judge
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3.
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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.
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CONSENT AGENDA
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4.
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Approval of the
Minutes of the special meeting of June 2, 2010.
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Submitted by: , County Clerk's Office
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5.
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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.
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Submitted by: County Auditor Edward A.
Dion, County Auditors Office
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(attachment)
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6.
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Approve amendment
No. 29 to the 2009-2010 County of El Paso Operating Budget. This
amendment will increase Grants by $286,698 thus increasing the overall
operating budget of $278,841,593 to $279,128,291.
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Submitted by: County Auditor Edward A.
Dion, County Auditors Office
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(attachment)
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7.
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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
May 2010. This report is located on the Internet at: www.epcounty.com/auditor/publications/default.htm
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Submitted by: County Auditor Edward A.
Dion, County Auditors Office
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(attachment)
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8.
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Approve the
Certificates of Plat Compliance (under Texas Local Government Code
Section 232.028 (a), as provided on the attached listing.
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Submitted by: Public Works Director Robert Rivera,
P.E., County Road and Bridge
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(attachment)
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9.
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Approve and
authorize the Purchasing Agent to solicit an RFP for the County Clerk's
E-Filing project.
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Submitted by: County Clerk Delia Briones, County
Clerk's Office
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10.
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Approve and
authorize the transfer of $38,000 from CNTYCLKRAF 6201 to CNTYCLKRAF 9300
for the purchase of imaging equipment. Said items must be capitalized in
order to be purchased. These funds are special revenue funds, and do not
affect the general fund.
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Submitted by: Chief Deputy Valerie A.
Sanchez, County Clerk's Office
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11.
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Approve and
authorize the transfer and disposal of unclaimed/abandoned
property/evidence, as listed in the backup, from the District Clerk's Office
Archives Division. In accordance with, the Article 18.17 of the Code of
Criminal Procedures.
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Submitted by: District Clerk Gilbert
Sanchez, District Clerk's Office
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(attachment)
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12.
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Approve and
authorize the transfer of items, as listed in the backup, from the
District Clerk’s Office to the County’s Purchasing Department.
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Submitted by: District Clerk Gilbert
Sanchez, District Clerk's Office
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(attachment)
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13.
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Approve and
authorize the County Judge to sign amendment to interlocal
agreement with the El Paso Independent School District for the funding
and operation of the Teen Court Program.
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Submitted by: Assistant County Attorney Laura Christopherson, County Attorney's Office
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(attachment)
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14.
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Approve and
authorize the El Paso County Juvenile Justice Center to accept monetary
and non-monetary donations from various community agencies and/or
businesses to assist with the "Juvenile Court Conference
Committee/Deferred Prosecution 180 Program and Banquet".
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Submitted by: Chief Juvenile Probation Officer Roger
Martinez, Juvenile Justice Center
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15.
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Approve the
committee's recommendation on Requests #2010-031, #2010-031b, 2010-032,
and 2010-044 to approve waiving the hiring freeze for: First Assistant
position not to be filled prior to October 1, 2010; one Sr. Trial
Attorney position not to be filled until August 9, 2010; and one Sr.
Trial Attorney position and one Paralegal position not to be filled prior
to meeting the 6 week waiting period for the County Attorney's Office.
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Submitted by: Human Resources Director Betsy C. Keller,
SPHR, Human Resources
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(attachment)
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16.
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Approve the
committee's recommendation on Request #2010-041 to deny waiving the
hiring freeze for one Trial Attorney position and on Request #2010-042 to
approve waiving the hiring freeze for one Trial Attorney position for the
District Attorney's Office, not to be filled prior to meeting the 6 week
waiting period.
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Submitted by: Human Resources Director Betsy C. Keller,
SPHR, Human Resources
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(attachment)
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17.
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Approve the
committee's recommendation on Requests #2010-037, #2010-038, and
#2010-039 to approve waiving the hiring freeze for : an Accounting Clerk
position contingent upon the Expungement
Specialist being eliminated and the incumbent moved to this position; a
Court Clerk position to be filled internally by a part time Office
Specialist, Intermediate; and the subsequent Office Specialist,
Intermediate (part-time) position vacancy, all not to be filled prior to
meeting the 6 week waiting periods for the District Clerk's Office.
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Submitted by: Human Resources Director Betsy C. Keller,
SPHR, Human Resources
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(attachment)
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18.
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Approve the
committee's recommendation on Request #2010-043 to approve the hiring
freeze for one Office Specialist, Senior position for Justice of the
Peace, Precinct 2.
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Submitted by: Human Resources Director Betsy C. Keller,
SPHR, Human Resources
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(attachment)
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19.
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Approve the
committee's recommendation on Request #2010-040 to approve waiving
the hiring freeze for one GA/VA Specialist position for General
Assistance/Veterans Assistance contingent upon the department meeting the
6 week waiting period.
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Submitted by: Human Resources Director Betsy C. Keller,
SPHR, Human Resources
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(attachment)
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20.
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Approve the
committee's recommendation on Requests #2010-034, #2010-035, and
#2010-036 to approve waiving the hiring freeze for a Procurement &
Indigent Specialist, a Secretary, and a Clerk position not to be filled
prior to meeting the 6 week waiting periods for the County Sheriff's
Office.
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Submitted by: Human Resources Director Betsy C. Keller,
SPHR, Human Resources
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(attachment)
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21.
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Approve and
authorize the recommended changes to the job description from Grant
Writer to the Grants Administrator position.
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Submitted by: Human Resources Director Betsy C. Keller,
SPHR, Human Resources
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(attachment)
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22.
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Approve and
authorize the County Judge to sign a Temporary Services Advertising
Agreement for $50,000 between the County and the Southwestern
International PRCA Rodeo for general promotion and tourist advertising of
the County of El Paso and its vicinity to visitors.
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Submitted by: Director Rosemary V. Neill, Family
and Community Services
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(attachment)
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23.
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Approve and
authorize the use of a portion of the wall on the north end of the third
floor of the County Courthouse to display paintings created by youth in
the Juvenile Probation Department and drawings by participating
youth in the Border Children’s Mental Health Collaborative Family
Academy in recognition of National Mental Health Awareness Month from
June 15, 2010 to June 30, 2010.
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Submitted by: Project Coordinator Rita
Ruelas, Border Children's Mental Health Collaborative
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24.
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Approve and
authorize the County Judge to sign the Change Order No. 3 to the contract
with C and C Road Construction, Inc., decreasing the contract by
$288,158.54 for Phase 1A T-G POE Roadway Project.
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Submitted by: Public Works Director Robert Rivera,
P.E., County Road and Bridge
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(attachment)
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25.
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Approve the
enclosed listing of roadways as the 2010 County Paving Program and
authorize the County Purchasing Agent to advertise for bids for a minimum
of 200,000 gallons of paving asphalt and 1,800 tons of Grade C rock and
7,000 tons of Grade F rock. Funds are available in account
ROADBRIDGES-6211.
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Submitted by: Public Works Director Robert Rivera,
P.E., County Road and Bridge
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(attachment)
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26.
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Approve and
authorize the County Judge to sign the Employee Staffing Renewal
Agreement with RM Personnel, Inc. for the West Texas HIDTA. Further
to authorize the County Auditor's Office to process and carry out the
agreement.
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Submitted by: Director Travis B. Kuykendall, West
Texas HIDTA
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(attachment)
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27.
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Approve and
authorize the County Judge to sign the Grant Award Modification #1 for
the West Texas HIDTA Multiple Initiatives Grant (G10SW0001A) for the
Sheriff's Office. This award modification is at no cost to the
County. ((KK-10-242)
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Submitted by: Director Travis B. Kuykendall, West
Texas HIDTA
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(attachment)
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28.
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Approve and
authorize the County Judge to sign the Grant Award Modification #1 for
the West Texas HIDTA Prosecution Initiative (G10SW0003A) for the District
Attorney's Office. This award modification is at no cost to the
County. (KK-10-243)
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Submitted by: Director Travis B. Kuykendall, West
Texas HIDTA
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(attachment)
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29.
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Approve and
authorize the County Judge to execute an on-line grant application
for submission to the US Department of Justice - Office of Community
Oriented Policing Services (COPS) for funding in the amount of
$2,024,580.00 for 12 officers from October 1, 2010 to September 30,
2013.
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Submitted by: Sheriff Richard D.
Wiles, EPCSO-Administration
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30.
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Approve and
authorize the County Judge to sign the Digital Solution/Inmate Telephone,
Inc. contract for the El Paso County Sheriff's Office Detention
Facilities. The County Attorney's Office has reviewed the
contract (KK#10-147).
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Submitted by: Sheriff Richard D.
Wiles, EPCSO-Administration
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(attachment)
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31.
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Approve and
authorize El Paso County Purchasing Department to bid out for two (2)
F150 Super Crew Cabs and equipment for K-9 Units as per attached
specifications.
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Submitted by: Commander Gomecindo
Lopez, El Paso County Sheriff's Office- Special Operations
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(attachment)
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32.
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Approve and
authorize the County Purchasing Agent to solicit bids for Deputy Body
Armor. Specifications have been submitted to County Purchasing.
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Submitted by: Sheriff Richard Wiles, El Paso
County Sheriff's Office
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(attachment)
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33.
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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.
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Submitted by: Sheriff Richard Wiles, El Paso County
Sheriff's Office
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(attachment)
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REPORTS
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34.
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Accept and take any other appropriate action
related to the following quarterly reports:
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a)
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(Postponed
04/26/10, 05/03/10, 05/10/10, 05/17/10, 05/24/10, 06/07/10) City of El
Paso - Public Health Services
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Submitted by: , County Clerk's Office
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b)
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Border Children's
Mental Health Collaborative
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Submitted by: Project Director Rita Ruelas, Border
Children's Mental Health Collaborative
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A copy of the full report may be found at
http://www.epcounty.com/meetings/commcourt/2010-06-14/34b.pdf |
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c)
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Office of the
Constable, Pct. 7
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Submitted by: , County Clerk's Office
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d)
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Emergency
Management
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Submitted by: Assistant Emergency Management
Coordinator Lt. Ricardo Gonzalez, City/County Office of
Emergency Management
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A copy of the full report may be found at
http://www.epcounty.com/meetings/commcourt/2010-06-14/34d.pdf |
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REGULAR AGENDA
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35.
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Discuss and take
appropriate action to authorize the County Judge to sign a resolution
requesting that properties listed in the back-up be sold at a Sheriff's
sale pursuant to section 34.05 subsection (c) and (d) of the Texas
Property Tax
Code.
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Submitted by: County Judge Anthony Cobos, County
Judge
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(attachment)
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36.
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Discuss and take
appropriate action to adopt an order pursuant to Section 34.05 (d) of the
Property Tax Code, authorizing public auction by the El Paso County
Sheriff of Tax-Foreclosure resale properties to be conducted on
Saturday, October 2, 2010, between the hours of 10 o'clock a.m. and
5 o'clock p.m. at Liberty Hall, 200 S. Kansas.
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Submitted by: County Judge Anthony Cobos, County
Judge
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(attachment)
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37.
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Discuss and take
appropriate action to facilitate the continued operation of Justice of
the Peace, Precinct 7, due to a fire at the court premises.
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Submitted by: County Commissioner Daniel R.
Haggerty, Commissioner, Pct. 4
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38.
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Approve and
authorize the County Judge to sign acceptance of the 388th Judicial
District Court Firearms Surrender Project grant award funded
by Governor Rick Perry's Criminal Justice Division Recovery Act -
Violence Against Women (VAWA) in the amount of $120,000.00.
Approval of the grant-funded project job descriptions and hiring of
personnel is also requested. The grant period is
twelve-months. No County funds are required nor is a commitment by
the County to continue funding after 12 month grant period. Your
approval of these items is greatly appreciated.
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Submitted by: District Judge Judge Patricia a.
Macias, 388th District Court
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(attachment)
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39.
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I hereby request
that the following item be placed on the next agenda for June 14th on
behalf of Judge Patricia A. Macias, 388th District Court: Request
Commissioners Court approval to authorize the purchase of (5) air
purifiers for the courts for their health and well-being. I am
requesting that funds be identified through the capital funds. Your
approval of this item is greatly appreciated.
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Submitted by: District Judge Judge Patricia A.
Macias, 388th District Court
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(attachment)
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40.
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Discuss and take
appropriate action to appoint an interim Medical Examiner.
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Submitted by: Human Resources Director Betsy C. Keller,
SPHR, Human Resources
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(attachment)
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41.
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Discuss and take
appropriate action on County Attorney's Office reorganization including upgrade
of existing Senior Trial Attorney position from Grade 2-Step 07 to Trial
Team Chief position at Grade 3-Step 07 pursuant to the Attorney Salary
plan and reassignment of job duties and resultant salary changes as
discussed in the backup for an overall savings of $9,925.32.
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Submitted by: County Attorney Jo Anne
Bernal, County Attorney's Office
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(attachment)
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42.
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Approve and
authorize travel reimbursement for Patricia B. Kiddney,
President of the Concordia Heritage Association, for travel that occurred
from April 22-24, 2010 to attend the Texas Historical Commission Historic
Preservation Conference in Houston, Texas. Funds are available in
COMMSVCS 6705.
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Submitted by: Director Rosemary V. Neill, Family
and Community Services
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(attachment)
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43.
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Disposition of
Bids --- Bid # 10-024, Construction Improvements for the Juvenile Justice
Center
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Submitted by: Purchasing Agent Piti
Vasquez, Purchasing
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(attachment)
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44.
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Disposition of
Bids---Biid # 10-034, Food Products for the
County of El Paso
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Submitted by: Purchasing Agent Piti Vasquez, Purchasing
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(attachment)
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45.
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Discuss and take
appropriate action to adopt an order to prohibit the sale and use of
restricted aerial fireworks in the unicoproated
areas of El Paso County due to severe drought conditions pursuant to
Texas Local Government Code Section 352.051, violation of which
constitutes a Class C. Misdemeanor.
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Submitted by: Assistant County Attorney Lee
Shapleigh, County Attorney's Office
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46.
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Authorize the
County Judge to execute the End User License Agreement and Professional Services
Agreement with Tyler Technologies for judicial administration and law
enforcement software. The total project cost, to be over
approximately two years is $5,352,325. Funds are available in
CPCapital07.
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Submitted by: Assitant County
Attorney Cygne Nemir, County Attorney's Office
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(attachment)
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47.
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Authorize the
County Judge to sign an addendum to KK-10-118 to increase the maximum
payment amount to the law firm Bickerstaff Heath Delgado Acosta, LLP to
$100,000 for negotiation of the contract for the construction contract
with the Secretary of Transportation of the Country of Mexico for the Tornillo-Guadalupe Bridge. Funds are available
in CPCapital07.
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Submitted by: Assistant County Attorney Cygne
Nemir, County Attorney's Office
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(attachment)
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48.
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Authorize the County
Clerk to remove the weekly recurring Executive Session item to discuss
acquisition of property for the Tornillo-Guadalupe
Port of Entry.
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Submitted by: Assistant County Attorney Cygne
Nemir, County Attorney's Office
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EXECUTIVE SESSION
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49.
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Pursuant to Texas Government Code, Chapter
551:
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a)
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Discuss potential
real property acquisition of site in West El Paso for future growth needs
of the University Medical Center of El Paso, pursuant to Texas Government
Code Section 551.072.
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Submitted by: President and CEO James N. Valenti, UMC of El Paso
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b)
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(Postponed
06/07/10) Discuss the property acquisition for the Guadalupe/Tornillo Port of Entry, pursuant to Texas Government
Code §551.072.
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Submitted by: , County Clerk's Office
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c)
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(Postponed
05/24/10, 06/07/10) Discuss the pending claim and potential litigation of
Southwestern Bell Telephone Company d/b/a AT and T vs. El Paso County
Road and Bridge; Ca No.:LC-10-027 pursuant to Texas Government Code
Section 551.071.
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Submitted by: Assistant County Attorney Janet I. Monteros, County Attorney's Office
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d)
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(Postponed
05/24/10, 06/07/10) Discuss subrogation claim regarding Juana Lujan; CA
No.: PC-10-009 pursuant to Texas Government Code Section 551.071.
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Submitted by: Assistant County Attorney Janet I. Monteros, County Attorney's Office
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e)
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(Postponed
06/07/10) Discuss the pending litigation in Cause No. EP-09-CV-0119-KC,
entitled El Paso County vs. Luther Jones, et al., County Attorney No.:PL-08-001, pursuant to Texas Government Code Section
551.071.
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Submitted by: Assistant County Attorney Manuel
Romero, County Attorney's Office
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f)
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Discuss the
pending litigation regarding Jacqueline Borunda
vs. El Paso County; cause number 2009-4875; CA #: LD-09-108 pursuant
to Texas Government Code Section 551.071.
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Submitted by: Assistant County Attorney Manuel
Romero, County Attorney
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g)
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(Postponed
06/07/10) Discuss the pending claim and potential litigation of Juan
Fisher; CA No.:LC-10-039; pursuant to Texas
Government Code Section 551.071.
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Submitted by: Assistant County Attorney Ian R.
Kaplan, County Attorney's Office
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h)
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(Postponed
06/07/10) Discuss the pending claim and potential litigation of Pablo Adan Jimenez; Ca No.: LC-10-040; pursuant to Texas
Government Code Section 551.071.
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Submitted by: Assistant County Attorney Ian R.
Kaplan, County Attorney's Office
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i)
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Discuss invoice
pending from Providence Memorial Hospital for services rendered to
Anthony Martin on or about September 8, 2009; CA #: LC-10-054(IN);
pursuant to Texas Government Code Section 551.071.
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Submitted by: Assistant County Attorney Ralph
Girvin, County Attorney's Office
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REGULAR SESSION
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50.
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Discuss and take
appropriate action on potential real property acquisition of a site in
West El Paso for future growth needs of the University Medical Center of
El Paso.
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Submitted by: President and CEO James N. Valenti, UMC of El Paso
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51.
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(Postponed
05/24/10, 06/07/10) Discuss and take appropriate action on the pending
claim and potential litigation of Southwestern Bell Telephone Company
d/b/a AT and T vs. El Paso County Road and Bridge ; CA No.: LC-10-027.
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Submitted by: Assistant County Attorney Janet I. Monteros, County Attorney's Office
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52.
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(Postponed 05/24/10,
06/07/10) Accept payment in the amount of $1,526.10, or another amount,
in settlement of the subrogation claim regarding Juana Lujan, CA No.:
PC-10-009.
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Submitted by: Assistant County Attorney Janet I. Monteros, County Attorney's Office
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53.
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Approve and
authorize County Judge to sign the settlement agreement regarding
Jacqueline Borunda vs. El Paso County; cause
number 2009-4875; CA #: LD-09-108
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Submitted by: Assistant County Attorney Manuel
Romero, County Attorney
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54.
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(Postponed 06/07/10)
Discuss and take appropriate action on the pending claim and potential
litigation of Juan Fisher; CA No. LC-10-039
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Submitted by: Assistant County Attorney Ian R.
Kaplan, County Attorney's Office
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55.
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Discuss and take
appropriate action on the pending claim of Providence Memorial Hospital;
Anthony Martin, CA #: LC-10-054(IN).
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Submitted by: Assistant County Attorney Ralph
Girvin, County Attorney's Office
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ADDENDUM TO AGENDA
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Regular Meeting, 6/14/2010 9:30:00 AM
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1.
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Consent Agenda:
Approve and authorize the closure of Socorro Road (from Tiwa Blvd. to Denton Road in San Elizario)
from 7:00 am to 10:00 am on Sunday, September 5, 2010 for a
sprint-distance triathlon, which will include uniformed officers to
control traffic for the safety of participating athletes.
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Submitted by: Commissioner Willie Gandara Jr.
, Precinct 3
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(attachment)
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2.
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Approve and
authorize a subdivision plat variance for Peyton Pass Unit 1, for Hunt
Communities holding, LP.
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Submitted by: Commissioner Willie Gandara Jr.
, Precinct 3
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(attachment)
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3.
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Approve and
authorize a subdivision plat variance for Emerald Pass unit 1, for
Hunt Communities holding, LP.
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Submitted by: Commissioner Willie Gandara
Jr., Precinct 3
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(attachment)
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4.
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Executive Session: Discuss potential litigation regarding Justice of the Peace, Precinct 4, pursuant to Texas Government Code Section 551.071.
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Submitted by: Commissioner Pct. 1 Anna Perez, Commissioner Court
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