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,  6/17/2013 9:30:00 AM
Open Meeting -
Pledge of Allegiance -
1
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
2.
Approve the rehire of County retiree, Howard Capshaw, effective 5/28/13 as a temp Bailiff under the 65th District Court as required by the Texas County & District Retirement System and County policy regarding rehiring of retirees.
Submitted by: Office Manager Martha A. Banales, Council of Judges Administration (915) 546-2143
3.
Pursuant to the Texas Local Government Code, § 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
4.
Approve amendment No. 28 to the County of El Paso's 2012-2013 operating budget.  This budgetary amendment will increase Grants by $9,000, thus increasing the overall operating budget of $296,351,521.25 to $296,360,521.25.
Submitted by: County Auditor Edward A. Dion, County Auditor's Office (915) 546-2040
5.
Pursuant to the Texas Local Government Code, §§ 114.023, 114.024, 114.025 and 114.026, please accept the interim financial report for the month ended May 2013.  This report is located on the intranet at:  www.epcounty.com/auditor/publications/default.htm
Submitted by: County Auditor Edward A. Dion, County Auditor's Office (915) 546-2040
6.
Approve and authorize the Court to accept the set up of a communal printer to be located in the lower level of the courthouse, as approved by CIP and accepted by Commissioners' Court on 11/26/12. Funding will come from GADMINGF-6872 for no overall budget impact.   
Submitted by: County Auditor Edward A. Dion, County Auditor's Office (915) 546-2040
7.
Approve and accept the finance audit from Emergency Services District #2.
Submitted by: County Judge Veronica Escobar, Commissioners Court (915) 546-2098
8.
Approve and authorize the closure of the 13000 block of Emerald Pond on June 29, 2013 from 5:00 p.m. to 2:00 a.m. for a neighborhood block party.
Submitted by: Commissioner Vincent M. Perez, Pct. 3 (915) 546-2144
9.
Approve and authorize the closure of Socorro Road from Tiwa Road to Denton Road (6.2 miles) for the 2013 Mission Valley Duathlon on June 23, 2013 from 6:30 a.m. to 10:30 a.m.
Submitted by: Commissioner Vincent M. Perez, Pct. 3 (915) 546-2144
10.
Approve and authorize the County Judge to sign a contract with the City of El Paso for $82,621 in Homeless Housing and Services Program funds to assist families with appropriate services targeted toward eliminating or preventing homeless for a period beginning October 1, 2012 and ending August 31, 2013. 
Submitted by: Director Rosemary V. Neill, Family and Community Services (915) 834-8201
11.
Approve the recommendation from the El Paso County Staffing Review Committee (SRC) regarding Request #B2013-034 to regrade a Drug Court Admin. Asst. position from a grade (G16) to a grade (G18) for the County Criminal Court #2 for a budget impact of $1,968 for an entire fiscal year.
Submitted by: Director Betsy C. Keller, SPHR, Human Resources Department (915) 546-2218
12.
Approve the recommendation from the El Paso County Staffing Review Committee (SRC) regarding Request #B2013-132 to regrade an Assistant Program Manager (P4) position to a Nutrition Program Manager (P15) position and Request #B2013-119 to regrade a GA/VA Program Manager (P16) position to a GA/VA/Child Welfare Services Program Manager (P17) position for the Family and Community Services Department for a budget impact of $18,914 for an entire fiscal year.
Submitted by: Director Betsy C. Keller, SPHR, Human Resources Department (915) 546-2218
13.
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
14.
Authorize the County Judge to execute the Closing Statement for the purchase of 0.43 acres of land located in Section 19, Block 79, T-3, T&PRR Co. Surveys, El Paso County, Texas for a water tower location related to Colonia Revolucion water project and authorize the County Auditor to issue a check in the amount of $18,745.80 plus title policy and closing cost. Funds are available in COLONIAREV12, Sub-Object 9502.
Submitted by: Public Works Director Ernesto Carrizal III, P.E., Public Works Department (915) 546-2015
15.
Approve and authorize the Purchasing Agent to award the following bid:  Bid #13-030, Chain Link Guardrail Bleachers for Ascarate Park to DGJD Inc., in the amount of $77, 560.00.  PRP approved on 6/06/2013.
Submitted by: Purchasing Agent Kennie Downing, Purchasing (915) 546-3129
16.
Approve and authorize the Purchasing Agent to award the following bid:  Bid #13-032, Sportspark Equipment for the County of El Paso to Austin Turf & Tractor in the amount of $75,352.00 and John Deere Company in the amount of $14,819.37.  PRP approved on 6/6/2013.
Submitted by: Purchasing Agent Kennie Downing, Purchasing (915) 546-2048
17.
Approve and authorize the Purchasing Agent to solicit proposals for food services for City-County Nutrition, a program of the Department of Family and Community Services, with specifications approved by the Procurement Review Panel on June 6, 2013.
Submitted by: Director Rosemary V. Neill, Family and Community Services (915) 834-8201
18.
Approve and authorize the removal of an abandoned item, from the Sheriff's Abandoned/Evidence Division to the Purchasing Department. See attachment.
Submitted by: Purchasing Agent Kennie Downing, Purchasing Department (915) 546-2048
19.
Approve and authorize the County Judge to sign the Texas Department of Public Safety - Texas Homeland Security State Administrative Agency (THSSAA) Fiscal Year 2013 Eligibility Certification Form (2013-0290).
Submitted by: Sheriff Richard D. Wiles, EPCSO (915) 355-8386
Reports
20.
Accept and take any other appropriate action related to the following quarterly reports:
a)
(Postponed 06/03/13, 06/10/13) Office of the Constable, Pct. 6
Submitted by: , County Clerk's Office (915) 546-2071
b)
(Postponed 06/10/13) Office of the Constable, Pct. 7
Submitted by: Constable R. A. Sommers, Pct. 7 (915) 525-5807
A copy of the full report may be found at
Regular Agenda
21.
Approve and authorize Commissioners Court approval of travel reimbursement for 388th District Court Judge Laura Strahmann's travel requests for February 24, 2013 to San Antonio and for April 13, 2013 to San Francisco for attending two seminars on Family Law and Domestic Violence.  The Court respectfully asks for Commissioners Court consideration to allow an exception to the County's Travel Committee's policy since Commissioners Court maintains the sole authority to do so.
Submitted by: Office Manager Martha A. Banales, Council of Judges Administration (915) 546-2143
22.
Approve the amendment to the County Travel Policy to provide for further public disclosure related to travel.
Submitted by: County Commissioner Carlos Leon, Precinct 1 (915) 546-2014
23.
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
24.
Approve and authorize the County Judge to sign a contract for $2,618,000 with Medlock Commercial Contractors, LLC for the construction of the Northwest Annex located in Vinton, Texas.  Funds for this project are available in account CPNWANNEX12-9502.
Submitted by: Public Works Director Ernesto Carrizal III, P.E., Public Works Department (915) 546-2015
Executive Session
25.
Pursuant to Texas Government Code, Chapter 551:
a)
(Postponed 06/10/13) 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 Civil Service matter regarding Myra Ponce Casas, County Attorneys file number, GR-13-006; pursuant to Texas Government Code Section 551.074.
Submitted by: Assistant County Attorney Kathleen C. Anderson, County Attorney's Office (915) 546-2050
c)
Pursuant to Texas Government Code (lit) Section 551.071, discuss the status of the contract for the Manuel F. Aguilera Road, Phase I and the contract disputes with Dan Williams including delays in project completion, work needed to complete the roadway and request for Change Orders.  Related Contract Numbers 2011-0069 and proposed Contract Number 2013-0071.
Submitted by: Assistant County Attorney Cygne Nemir, County Attorney's Office (915) 546-2050
d)
Discuss the pending litigation entitled Juan Antonio Ortegon vs. The County of El Paso, et al.; Cause No.: 2010-3031; County Attorney's file number LD-10-096, pursuant to Texas Government Code Section 551.071.
Submitted by: Assistant County Attorney Manuel Romero, County Attorney's Office (915) 546-2050
e)
Discuss pending litigation styled Earl Raymond Ben v. Corporal Manuel Ceja, Cause No. 3:13-CV-00024, County Attorney's file number LD-13-020, pursuant to Texas Government Code Section 551.071.
Submitted by: Assistant County Attorney Ruben Duarte, County Attorney's Office (915) 546-2050
Regular Session
26.
(Postponed 06/10/13) 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
27.
Discuss and take appropriate action regarding Myra Ponce Casas, County Attorney's file number GR-13-006.
Submitted by: Assistant County Attorney Kathleen C. Anderson, County Attorney's Office (915) 546-2050
28.
Discuss and take appropriate action regarding authorizing the County Judge to execute Change Order Number 3 to Dan Williams Company's construction contract on Phase I of the M.F. Aguilera Highway.  Funds in the amount of $89,983.36 are available in CPCAPITAL07.
Submitted by: Assistant County Attorney Cygne Nemir, County Attorney's Office (915) 546-2050
29.
Discuss and take action on the pending litigation entitled Juan Antonio Ortegon vs. The County of El Paso, et al.; Cause No.: 2010-3031; County Attorney's file number LD-10-096.
Submitted by: Assistant County Attorney Manuel Romero, County Attorney's Office (915) 546-2050
30.
Discuss and take appropriate action regarding litigation styled Earl Raymond Ben v. Corporal Manuel Ceja, Cause No. 3:13-CV-00023, County Attorney's file number LD-13-020.
Submitted by: Assistant County Attorney Ruben Duarte, County Attorney's Office (915) 546-2050
Addendum
Regular Meeting, 6/17/2013 9:30:00 AM
1.
Regular Agenda - Approve and authorize the County Judge to sign two Chapter 381 Economic Development Agreements with EP Vida, LLC for grant rebates of property taxes, mixed beverage taxes and sales taxes (2013-0289) and Hotel Occupancy Taxes (2013-0308) for the construction and operation of a four star airport hotel and specialty retail center.
Submitted by: County Judge Veronica Escobar, Commissioners Court (915) 546-2098