EL PASO COUNTY COMMISSIONERS COURT
VERONICA ESCOBAR
County Judge
ANNA PEREZ
Commissioner, Pct. 1

TANIA CHOZET
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,  5/21/2012 9:30:00 AM
Open Meeting -
Pledge of Allegiance -
Presentation
1.
Presentation of certificates presented to Chair Carol Garcia, Commissioner Lee Urias, and Commissioner Kelly Dickson for their time and service on the El Paso County Civil Service Commission from May 14, 2010 through May 13, 2012.
Submitted by: Director Betsy C. Keller, SPHR, Human Resources (915) 546-2218
2
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
3.
Approve and authorize the appointment of Grace Munoz to the El Paso County Civil Service Commission.
Submitted by: Commissioner Pct. 1 Anna Perez, Commissioner's Court (915) 546-2014
4.
Authorize the County Judge to sign an Amendment to the 2012 annual renewal of the State of Texas Title IV-E County Legal Services Contract.  The Amendment changes the Child Protective Services Division Chief's salary to be paid by the State contract at 100% rather than 70%.
Submitted by: Office Administrator/Support Manager Sue Collins, County Attorney's Office 915-546-2050
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. 27 to the County of El Paso's 2011-2012 operating budget.  This budgetary amendment will increase Special Revenue by $110.00 as noted on the attachment, thus increasing the overall operating budget of $289,755,091.24 to $289,755,201.24. 
Submitted by: County Auditor Edward A. Dion, County Auditor's Office (915) 546-2040
7.
Approve and authorize the transfer of $1,465 from personnel contingencies account GADMINGF-6871, and $426 from the 168th District Court overtime line item 3007, to cover overtime for 6 investigators in the DA's Office, who worked overtime during sequestration for Cause #2009OD05687.
Submitted by: County Auditor Edward A. Dion, County Auditor's Office (915) 546-2040
8.
Approve a title correction to item #14, on the Commissioners Court Agenda, 5/7/12, in regards to a Caseworker position (GIO), approved by the Commissioners Court to be unfrozen and transferred from the Public Defender's account to their Indigent Defense account. The job title should have read "Caseworker, Senior (G12)”. There is no impact to the budget.
Submitted by: County Auditor, CPA, CIO Edward A. Dion, County Auditor's Office (915) 546-2040
9.
Approve and authorize the transfer of items and removal from inventory, as listed in the backup, from the County Clerk's Office to the Purchasing Department.
Submitted by: County Clerk Delia Briones, County Clerk's Office (915) 546-2071
10.
Approve and authorize the acceptance of donated office equipment from Lawyers Title to be utilized in the Office of the District Clerk.  The office equipment consists of three (3) microfiche reader/printer machines.
Submitted by: District Clerk Norma L. Favela, District Clerk's Office (915) 546-2029
11.
Approve and Authorize the County Judge to sign First Amendment to POST WARRANTY HARDWARE MAINTENANCE SERVICES, SOFTWARE LICENSE, AND SOFTWARE SUPPORT AGREEMENT with Dominion Voting Systems, Inc. 
Submitted by: Elections Administrator Javier Chacon, Elections Department (915) 546-2154
12.
Approve and authorize a disbursement to the Texas Department of Housing and Community Affairs (TDHCA) of $48,018.39 in disallowed costs identified in a Monitoring Review of  HPRP Contract #12090000697 for $1,159,351 for Homelessness Prevention Services paid from GASSISTANCE 6761 Contracted Services. 
Submitted by: Director Rosemary V. Neill, Family and Community Services (915) 834-8201
13.
Approve and authorize AgriLife Extension Services and the Department of Family and Community Services to submit a grant proposal on May 29, 2012 to the Paso del Norte Health Foundation for a high impact, outcome oriented pilot program for Healthy Eating and Active Living (HEAL) focused on a specific population of youth and their families in the juvenile justice system for an amount not to exceed $300,000 and authorize the County Judge to sign submission documents. 
Submitted by: Director Rosemary V. Neill, Family and Community Services (915) 834-8201
14.
Approve and authorize the County Judge to sign an Agreement between the County and Texas Gas Service Company to extend gas service to the Ascarate Park Pavilion at a cost of $28,000 as part of the County's renovation of this facility. 
Submitted by: Director Rosemary V. Neill, Family and Community Services (915) 834-8201
15.
Approve the re-title of the Project Manager-Senior position, Grade P-20, to an IT Project Manager-Senior position, Grade P-20 within the IT Department. 
Submitted by: Director Betsy C. Keller, SPHR, Human Resources (915) 546-2218
16.
Approve the addition of Section 5.09 Vehicle Use and Traffic Accident Policy to the El Paso County Civil Service Rules and Regulations.  The addition has been reviewed by the County Attorney's Office and approved by the Civil Service Commission. 
Submitted by: Director Betsy C. Keller, SPHR, Human Resources (915) 546-2218
17.
Approve the addition of Vehicle Use and Traffic Accident Policy to the end of Section V of the El Paso County Employee Handbook.  The addition has been reviewed by the County Attorney's Office and approved by the Civil Service Commission. 
Submitted by: Director Betsy C. Keller, SPHR, Human Resources (915) 546-2218
18.
Approve the recommendation from the El Paso County Hiring Freeze & Personnel Staffing Review Committee regarding Request #2012-022 to approve the regrade of an Office Specialist, Intermediate position (GS-10) to a Court Clerk (GS-11) for the County Clerk's Office for a budget impact of $5,440 for FY2012 in lieu of authorizing an additional position for this purpose. 
Submitted by: Director Betsy C. Keller, SPHR, Human Resources 915) 546-2218
19.
Approve the recommendation from the El Paso County Hiring Freeze & Personnel Staffing Review Committee regarding Request #2012-0026 to authorize a transfer of a vacant Program Administrator (P-13) position and salary funds from CC1 to the 346th Veterans Court Program with no impact to the general fund, and retitle the position Veterans Program Director (P-13).
Submitted by: Director Betsy C. Keller, SPHR, Human Resources (915) 546-2218
20.
Approve and authorize the purchase equipment listed in the back up with funds from JP Technology in the amount not to exceed $970.00. Items were approved by the Council of Justices for purchase to be used by JP-4.
Submitted by: Chairperson Council of Justices Judge Brian J. Haggerty , JP-2 (915) 751-7575
21.
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
22.
Approve and authorize the Purchasing Agent to publish a Notice for a public hearing to TxCDBG contract No. 729165 as required by the Texas Department of Agriculture(TDA). Upon completion of the notification period, approve and authorize the County Judge to sign the Close-out documents. Advertisement funds are available in plandevelop-6022.
Submitted by: Public Works Director Ernesto Carrizal III. P.E., Public Works (915) 546-2015
23.
Approve and authorize the County Judge to sign Change Order No. 2 with Dan Williams Company for the TDIB Major Arterial Roadway Project -Phase 1.  Funds are available in bond monies.
Submitted by: Public Works Director Ernesto Carrizal III, P.E., Public Works Department (915) 546-2015
24.
Approve and authorize the Purchasing Agent to reject and resubmit proposals for RFP #12-020, ATM Equipment & Services for Multiple El Paso County Locations due to the change of price by the awarded vendor.
Submitted by: Purchasing Agent Piti Vasquez, Purchasing Department (915) 546-2048
25.
Recommendation that award be made to: Energy Engineering Services, Inc. for RFP #12-030, Preventative Maintenance and Inspection of the General Electric Switchgear for a (2) two year contract.
Submitted by: Purchasing Agent Piti Vasquez, Purchasing Department (915) 546-2048
26.
Approve and authorize the transfer of items and removal from inventory, as listed in the backup,  from the District Clerk's Office to the Purchasing Department. 
Submitted by: District Clerk Norma L. Favela, District Clerk's Office (915) 546-2029
27.
Approve and authorize to transfer unserviceable equipment for the Annex Jail 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 (915) 538-2286
Reports
28.
Accept and take any other appropriate action related to the following quarterly reports:
a)
(Postponed 04/09/12, 04/16/12, 04/23/12, 04/30/12, 05/07/12, 05/14/12) Office of the Constable, Pct. 1
Submitted by: , County Clerk's Office (915) 546-2071
b)
(Postponed 04/23/12, 04/30/12, 05/07/12, 05/14/12) Office of the Constable, Pct. 3
Submitted by: , County Clerk's Office (915) 546-2071
c)
(Postponed 04/30/12, 05/07/12, 05/14/12) Adult Probation Department
Submitted by: Director Magdalena Morales-Aina, West Texas CSCD (915) 546-8120
A copy of the full report may be found at
d)
(Postponed 05/14/12) Office of the Constable, Pct. 6
Submitted by: , County Clerk's Office (915) 546-2071
e)
Office of the Constable, Pct. 7
Submitted by: , County Clerk's Office (915) 546-2071
f)
Juvenile Justice Center
Submitted by: Chief Juvenile Probation Officer Roger Martinez, Juvenile Justice Center (915) 849-2500
A copy of the full report may be found at
Regular Agenda
29.
(Postponed 05/14/12) Approve the change to the El Paso County Civil Service Rules and Regulations to delete Appendix F (Discrimination/Sexual Harassment Policy) from the current Civil Service Rules and Regulations and replace with the revised Anti-Harassment Policy which shall be placed as a new sub-section labeled 5.08 under Chapter 5: Personal Conduct and Affairs.
Submitted by: Director Betsy C. Keller, SPHR, Human Resources (915) 546-2218
30.
(Postponed 05/14/12) Approve the change to the El Paso County Handbook to delete Appendix F (Discrimination/Sexual Harassment Policy) from the current handbook and replace with the revised Anti-Harassment Policy which shall be placed as a new sub-section under Chapter VI: Personal Conduct and Affairs.
Submitted by: Director Betsy C. Keller, SPHR, Human Resources (915) 546-2218
31.
Discuss and take appropriate action to select the Chairperson for the El Paso County Civil Service Commission pursuant to Section §158.008 of the Texas Local Government Code and Rule 1.03 of the El Paso County Civil Service Rules and Regulations.   
Submitted by: Director Betsy C. Keller, SPHR, Human Resources (915) 546-2218
32.
Discuss and take appropriate action on the Sports Park construction phasing and instruct the Public Works Dept. to instruct the architect on the court's decision.
Submitted by: Public Works Director Ernesto Carrizal III, P.E., Public Works Department (915) 546-2015
33.
Discuss and take appropriate action on request from Hunt Communities Holdings, L.P. for Variance of the County's Subdivision Regulations for Mission Ridge Unit 8.
Submitted by: Public Works Director Ernesto Carrizal III, P.E., Public Works Department (915) 546-2015
34.
(Postponed 05/14/12) Approve and authorize the County Judge to sign the contract with Dan Williams in the amount of $6,348,107.40 for the construction of the Tornillo/Guadalupe International Bridge. Money is available in bond monies, CPCAPITAL 07.
Submitted by: Public Works Director Ernesto Carrizal III, P.E., Public Works Department (915) 546-2015
35.
Rescind Motion & Order #18 (item #35) Commisioners Court Meeting April 16, 2012 related to the construction for Tornillo Guadalupe new International Bridge for the purpose of correcting a clerical error in the amount of the award.  The previous amount covered only the Base Bid but omitted the amount of the three Bid Alternates.  Re-award bid #11-045 Construction for Tornillo Guadalupe new International Bridge to Dan Williams Company, the orignal low bid contractor, with the corrected amount of $6,348,107.40--which includes the base bid and all three bid alternates.
Submitted by: Asst. Purchasing Agent Jose Lopez, Jr., El Paso County Purchasing (915) 546-2068
Executive Session
36.
Pursuant to Texas Government Code, Chapter 551:
a)
Discuss subrogation claim regarding Gilda Wilson, county attorney file number PC-12-009, pursuant to Texas Government Code Section 551.071.
Submitted by: Assistant County Attorney John P. Valdez, County Attorneys Office (915) 546-2050
b)
Discuss claim regarding Yamaha golf carts; County Attorney No. LC-12-066; pursuant to Texas Government Code Section 551.071.
Submitted by: Assistant County Attorney John P. Valdez, County Attorneys Office (915) 546-2050
c)
Discuss claim regarding State of Texas, et al v. Jesus Alvarado, Case No. 93-4673; AG No. 92-10618; County Attorney number;  PC-12-013, pursuant to Texas Government Code Section 551.071.
Submitted by: Assistant County Attorney Manuel Romero, County Attorney's Office (915) 546-2050
d)
Discuss potential litigation and legal rights and responsibilities regarding PSB/County Mayfair Nuway and/or Schuman Projects; County Attorney's No. AA-12-027; pursuant to Texas Government Code Section 551.071.
Submitted by: Assistant County Attorney Manuel Romero, County Attorney's Office (915) 546-2050
e)
Discuss subrogation claim regarding Araceli Sanchez, County Attorney No. PC-12-011, pursuant to Texas Government Code Section 551.071.
Submitted by: Assistant County Attorney Ruben Duarte, Assistant County Attorney (915) 546-2050
Regular Session
37.
Accept payment in the amount of $2,610.78 in settlement of the subrogation claim regarding Gilda Wilson, county attorney file number PC-12-009.
Submitted by: Assistant County Attorney John P. Valdez, County Attorneys Office (915) 546-2050
38.
Discuss and take appropriate action on claim involving Yamaha golf carts; County Attorney No. LC-12-066.
Submitted by: Assistant County Attorney John P. Valdez, County Attorneys Office (915) 546-2050
39.
Approve and authorize the County Judge to sign a Release of Lien upon receipt of money owed, in the Matter of State of Texas, et al v. Jesus Alvarado, case number 93-4673; AG No. 92-10618; County Attorney's file number PC-12-013.
Submitted by: Assistant County Attorney Manuel Romero, County Attorney's Office (915) 546-2050
40.
Accept payment in the amount of $5,424.73 in settlement of the subrogation claim regarding Araceli Sanchez; County Attorney No. PC-12-011.
Submitted by: Assistant County Attorney Ruben Duarte, County Attorneys Office (915) 546-2050
Addendum
Regular Meeting, 5/21/2012 9:30:00 AM
1.
Regular agenda - Approve and authorize a letter to be signed by the El Paso County Judge, to the Rio Grande Council of Governments, authorizing "Keep Vinton Beautiful" to utilize a portion of the $3,802.00 in grant funding currently available to El Paso County for a community cleanup event in Westway, Texas.
Submitted by: County Commissioner Daniel R. Haggerty, Commissioner, Pct. 4 (915) 546-2044
2.
Regular Agenda - Discuss and take appropriate action to acknowledge the Texas Forest Service determination that drought exists in the County of El Paso and adopt an Order prohibiting the sale and/or use of restricted fireworks, to include aerial fireworks described as skyrockets with sticks and missiles with fins, in all unincorporated areas of the County pursuant to Texas Local Government Code Section 352.051.
Submitted by: County Judge Veronica Escobar, Commissioners Court (915) 546-2098
3.
Consent - Approve and authorize the reappointment of James Fashing to the El Paso County Risk Pool Board of Trustees, effective May 18, 2012 through May 17, 2014.
Submitted by: County Commissioner Daniel R. Haggerty, Commissioner, Pct. 4 (915) 546-2044
4.
Approve and authorize the County Judge to execute the attached Developer Participation Agreement for the construction of Edgemere Blvd. Extension within the County Right-of-Way.  Reviewed and approved by County Attorney's Office KK-11-253.
Submitted by: Public Works Director Ernesto Carrizal III, P.E., Public Works Department (915) 546-2015
5.
REGULAR AGENDA: Discuss and take appropriate action regarding El Paso county serving as fiscal agent for El Paso Women's Bar Association.
Submitted by: Commissioner Pct. 1 Anna Perez, Commissioner's Court (915) 546-2014
6.
CONSENT: Approve and authorize El Paso County to receive donated funds from El Paso Women's Bar Association and others for matching salaries for Project Future.
Submitted by: Commissioner Pct. 1 Anna Perez, Commissioner's Court (915) 546-2014