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,  6/10/2013 9:30:00 AM
Open Meeting -
Pledge of Allegiance -
Resolutions
1.
Approve and adopt a resolution recognizing June 19, 2013 as "Celebrating Freedom Day" in El Paso County.
Submitted by: County Commissioner, Pct. 2 Sergio Lewis, Commissioners Court (915) 546-2111
Presentation
2.
Receive a presentation from James N. Valenti, President and Chief Executive Officer of the El Paso County Hospital District.
Submitted by: President and Chief Executive Officer James N. Valenti, UMC of El Paso (915) 521-7600
3.
(Postponed 5/20/2013) Receive a presentation from the County Attorney and Emergency Service District Fire Marshals regarding adoption of a County fire code and enforcement of said code.
Submitted by: Commissioner Vincent M. Perez, Pct. 3 (915) 546-2144
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.
Please place all electronic devices on silent mode to reduce disruption of the meeting.
Consent Agenda
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 2012-2013 operating budget.  This budgetary amendment will increase Grants by $30,075.56 and decrease Special Revenue by $104,580.51 as noted on the attachment, thus decreasing the overall operating budget of $296,426,026.20 to $296,351,521.25. 
Submitted by: County Auditor Edward A. Dion, County Auditor's Office (915) 546-2040
7.
Approve exercising the 4th and last year option for the County’s independent external financial audit to be conducted for the fiscal year ending September 30, 2013.  Furthermore, authorize the County Judge to sign the letter of understanding from Gibson, Ruddock, Patterson, CPA’s, L.L.C.  This audit is required pursuant to the Texas Local Government Code, § 115.045.
Submitted by: County Auditor Edward A. Dion, County Auditor's Office (915) 546-2040
8.
Approve and authorize the County Judge to sign the Interlocal Agreement with the Socorro Independent School District, regarding the Teen Court Program operation for the 2013-2014 school year. [2013-0181]
Submitted by: Assistant County Attorney Laura Christopherson, County Attorney's Office (915) 546-2050
9.
Approve and authorize a transfer of $3,000 from the Visiting Judges Temporary Pool (COUNCIL-3004) into the County Court at Law Judges Temp Pool (CCJUDGES-3004) to cover temporary Judges expenses up to year end.  There is no overall impact.
Submitted by: Office Manager Martha A. Banales, Council of Judges Administration (915) 546-2143
10.
Approve and authorize the County Judge to sign Form 2027, Home-Delivered Meals FFY 2014 Waiver Description, for submission to the Texas Department of Aging and Disability Services to authorize the delivery of fresh, chilled, or frozen meals to home delivered participants in our City-County Nutrition Program for the FY 14 fiscal year. 
Submitted by: Director Rosemary V. Neill, Family and Community Services (915) 834-8201
11.
Approve and authorize the transfer of $6,058 from CNTYPROM-6201 to the Salaries and Fringe accounts to cover the costs of an Administrative Assistant position through the end of the current fiscal year.  Funds are available. 
Submitted by: Director Rosemary V. Neill, Family and Community Services (915) 834-8201
12.
Approve the change to the El Paso County Civil Service Rules and Regulations to revise Section VII (Grievance Procedures) to include adding an Alternative Resolution Meeting (ARM) process to the Grievance Resolution Procedures, Section 7.22 and revise Section 7.24 with new ARM language.
Submitted by: Director Betsy C. Keller, SPHR, Human Resources Department (915) 546-2218
13.
Request approval of and authorization for the County Judge to sign the Memorandum of Understanding for the Crossover Project between El Paso County, on behalf of the El Paso County Juvenile Probation Department and the Texas Department of Family and Protective Services (DFPS) to coordinate services to prevent duplication and improve the designing of services for youth.  This MOU shall be effective upon execution.  This MOU has been reviewed and approved as to form by the County Attorney's Office (2012-0462).
Submitted by: Chief Juvenile Probation Officer Roger Martinez, Juvenile Probation Department (915) 849-2545
14.
Request approval of and authorization for the County Judge to sign the agreement for Residential Psychiatric Treatment Services between El Paso County, on behalf of the El Paso County Juvenile Justice Center, and Meridell Achievement Center, a Texas for-profit corporation.  This agreement is effective July 1, 2013 and shall continue until June 30, 2014.  This agreement has been reviewed and approved as to form by the County Attorney's Office (2013-0269).
Submitted by: Chief Juvenile Probation Officer Roger Martinez, Juvenile Probation Department (915) 849-2545
15.
Request approval of and authorization for the County Judge to sign the agreement for Child Care Services between El Paso County, on behalf of the El Paso County Juvenile Justice Center, and G4S Youth Services, LLC, a Florida for-profit corporation at their facility located at 600 FM 3254 Brownwood, TX  76801.  This agreement is effective June 10, 2013 and shall continue until June 9, 2014.  This agreement has been reviewed and approved as to form by the County Attorney's Office (2013-0277).
Submitted by: Chief Juvenile Probation Officer Roger Martinez, Juvenile Probation Department (915) 849-2545
16.
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
17.
Approve and authorize the County Judge to sign the Fixed Price Construction Agreement between El Paso County and Total Mechanical Inc. (2013-0247) for the replacement of heating/cooling equipment at the County Ascarate Annex in the amount of $141,000.00.  The contract has been reviewed and approved by the County Attorney's Office.
Submitted by: Public Works Director Ernesto Carrizal III, P.E., Public Works Department (915)546-2015
18.
Approve and authorize the Public Works Department to install an all-way stop at the intersection of John Henry St. and Santiesteban Lane.
Submitted by: Public Works Director Ernesto Carrizal III, P.E., Public Works Department (915) 546-2015
19.
Approve and authorize the Purchasing Agent to reject all responses to RFQ #13-005, Architectural Services to Construct an Elevator Hoistway at the Ascarate Annex.  The scope of work will be included in the RFQ for Architectural Services for multiple renovation projects related to the 2013 Master Space Plan approved by Commissioners Court on 4/15/2013.
Submitted by: Purchasing Agent Kennie Downing, Purchasing Agent, Purchasing Department (915) 546-2048
20.
Approve and authorize the transfer of obsolete telephones from the Communications Department to the Purchasing Department, as listed in the backup.
Submitted by: Senior Telecommunications/Project Manager Victor Montes, Communications (915) 546-2000
Reports
21.
Accept and take any other appropriate action related to the following quarterly reports:
a)
(Postponed 04/29/13) Hospital District
Submitted by: , County Clerk's Office (915) 546-2071
b)
(Postponed 06/03/13) Office of the Constable, Pct. 5
Submitted by: Constable Manuel Lopez, Pct. 5 (915) 859-3744
A copy of the full report may be found at
c)
(Postponed 06/03/13) Office of the Constable, Pct. 6
Submitted by: , County Clerk's Office (915) 546-2071
d)
Juvenile Probation Department
Submitted by: Chief Juvenile Probation Officer Roger Martinez, Juvenile Probation Department (915) 849-2500
A copy of the full report may be found at
e)
Office of the Constable, Pct. 7
Submitted by: , County Clerk's Office (915) 546-2071
Regular Agenda
22.
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
23.
(Postponed 06/03/13) Approve and authorize the County Judge to execute the attached "Conveyance of Land for Public Use" and accept the described parcel for the expansion of Herring Road and Socorro Road.
Submitted by: Public Works Director Ernesto Carrizal III, P.E., Public Works Department (915) 546-2015
24.
(Postponed 06/03/13) Approve and authorize the Purchasing Agent to award the following bid: Bid #13-019, Transportation of the Deceased for the El Paso County Medical Examiner's Office to Legacy Mortuary Services of El Paso for an estimated cost of $80,000.00.  PRP approved on 5/24/2013.
Submitted by: Purchasing Agent Kennie Downing, Purchasing Department (915) 546-3129
25.
(Postponed 06/03/13) Approve and authorize the County Judge to sign the Operations Stonegarden 2011 Grant Adjustment Notice with an increase in funding in the amount of $456,576.92 for a total award in the amount of $2,594,853.14 from 09/01/2011 to 08/31/2013 for the County of El Paso (Contract # 2013-0271).
Submitted by: Sheriff Richard D. Wiles, EPCSO - Grants (915) 538-2216
26.
Discuss and take appropriate action to indemnify Tax Assessor-Collector Victor Flores for the loss of $900 due to a burglary of the Tax Office at Fort Bliss, pursuant to Texas Local Government Code §157.903.
Submitted by: Tax Assessor-Collector Victor A. Flores, RTC, Tax Office (915) 546-2097
27.
Approve and authorize the County Judge to sign an MOU with Headquarters, US Army Garrison, Fort Bliss and the County Tax Office to maintain an office to provide County Tax services on Fort Bliss.
Submitted by: Tax Assessor-Collector Victor A. Flores, RTC, Tax Office (915) 546-2097
28.
Approve the Amendment to the Summary Plan Description for the County's Health and Dental plan.  The Amendment includes removal of the Domestic Partner language and the addition of Plus One Qualifying Adult language.
Submitted by: Director Betsy C. Keller, SPHR, Human Resources Department (915) 546-2218
Public Hearing
29.
Pursuant to Chapter 157, Subchapter F of the Texas Local Government Code, hold a public hearing to receive comments on the Amendment to the Summary Plan Description (SPD) for the County's Health and Dental Plan.  The Amendment includes removal of the Domestic Partner language and the addition of Plus One Qualifying Adult language. 
Submitted by: Director Betsy C. Keller, SPHR, Human Resources Department (915) 546-2218
Executive Session
30.
Pursuant to Texas Government Code, Chapter 551:
a)
Pursuant to Texas Government Code, Section 551.074, discuss status of selection and hiring of a candidate for the Medical Examiner for the County of El Paso.
Submitted by: Director Betsy C. Keller, SPHR, Human Resources Department (915) 546-2218
b)
Discuss  the pending litigation entitled Carl Starr v. Veronica Escobar, in her Official Capacity, Cause No. 2013-DCV-1713, County Attorney file No. LD-13-045; pursuant to Texas Government Code Section 551.071.
Submitted by: County Judge Veronica Escobar, Commissioners Court (915) 546-2098
c)
Discuss the EEOC claim regarding EEOC Charge No. 453-2013-00876, County Attorney's file number EE-13-012, pursuant to Texas Government Code Section 551.071.
Submitted by: Assistant County Attorney Amy Monsivais, County Attorney's Office (915) 546-2050
d)
Discuss the potential litigation related to AD Solis Bail Bonds, County Attorney's file number PL-13-007, pursuant to Texas Government Code Section 551.071.
Submitted by: Assistant County Attorney Ruben Duarte, County Attorney's Office (915) 546-2050
e)
Discuss the pending claim regarding Juan Martinez; County Attorney's file number LC-13-025(IN), pursuant to Texas Government Code Section 551.071.
Submitted by: Assistant County Attorney Ruben Duarte, County Attorney's Office (915) 546-2050
f)
Discuss the pending claim submitted by Marcial Canales; County Attorney's file number LC-13-060, pursuant to Texas Government Code Section 551.071.
Submitted by: Assistant County Attorney Ruben Duarte, County Attorney's Office (915) 546-2050
g)
Discuss the pending claim and potential litigation submitted by Stephanie Triolo, County Attorney's file number LC-13-061, pursuant to Texas Government Code Section 551.071.
Submitted by: Assistant County Attorney Ruben Duarte, County Attorney's Office (915) 546-2050
Regular Session
31.
Discuss and take appropriate action regarding the status of selection and hiring of a candidate for the Medical Examiner for the County of El Paso.
Submitted by: Director Betsy C. Keller, SPHR, Human Resources Department (915) 546-2218
32.
Discuss and take action on EEOC claim regarding EEOC Charge No. 453-2013-00876, County Attorney's file number EE-13-012.
Submitted by: Assistant County Attorney Amy Monsivais, County Attorney's Office (915) 546-2050
33.
Discuss and take action on the potential litigation related to AD Solis Bail Bonds, County Attorney's file number PL-13-007.
Submitted by: Assistant County Attorney Ruben Duarte, County Attorney's Office (915) 546-2050
34.
Discuss and take appropriate action on the pending claim regarding Juan Martinez, County Attorney's file number LC-13-025(IN).
Submitted by: Assistant County Attorney Ruben Duarte, County Attorney's Office (915) 546-2050
35.
Discuss and take appropriate action on the pending claim of Marcial Canales, County Attorney's file number LC-13-060.
Submitted by: Assistant County Attorney Ruben Duarte, County Attorney's Office (915) 546-2050
36.
Discuss and take action on the pending claim and potential litigation of Stephanie Triolo, County Attorney's file number LC-13-061.
Submitted by: Assistant County Attorney Ruben Duarte, County Attorney's Office (915) 546-2050