EL PASO COUNTY COMMISSIONERS COURT
VERONICA ESCOBAR
County Judge
CARLOS LEON
Commissioner, Pct. 1

VINCENT M. PEREZ
Commissioner, Pct. 3
SERGIO LEWIS
Commissioner, Pct. 2

VACANT
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,  8/5/2013 9:30:00 AM
Open Meeting -
Pledge of Allegiance -
Resolutions
1.
Approve and adopt a resolution recognizing August 7, 2013 as "Purple Heart Day".
Submitted by: Commissioner Pct. 1 County Commissioner Carlos Leon, Commissioners Court, (915) 546-2014
2.
Approve and adopt a resolution recognizing August 6, 2013 as "El Paso County Sheriff's Office, Community National Night Out for the County of El Paso, Texas"
Submitted by: Commissioner Pct. 1 (915)546-2014 County Commissioner Carlos Leon, Commissioners Court, (915) 546-2098
Presentation
3.
Presentation and discussion of market conditions affecting long-term debt from Financial Advisor.
Submitted by: County Auditor Edward A. Dion, County Auditor's Office, (915) 546-2040
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.
Approve Minutes of the regular meetings of July 22, 2013, and July 29, 2013 and the special meeting of July 25, 2013.
Submitted by: , County Clerk's Office (915) 546-2071
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 Auditor's Office, (915) 546-2040
7.
Approve amendment No. 35 to the County of El Paso's 2012-2013 operating budget.  This budgetary amendment will increase Special Revenue by $46,630 and Grants by $582,015.68, as noted on the attachment, thus increasing the overall operating budget of $299,213,086.96 to $299,841,732.64.  
Submitted by: County Auditor Edward A. Dion, County Auditor's Office, (915) 546-2040
8.
Pursuant to the Texas Government Code, Title 10, Section 2256.003, please accept the attached investment report for the quarter ended June 30, 2013. 
Submitted by: County Auditor Edward A. Dion, County Auditor's Office, (915) 546-2040
9.
Approve and Authorize the El Paso County Veterans Court Program to submit the Fund for Veterans' Assistance Grant funded by the Texas Veterans Commission. The purpose of the grant is to request funding for the program's participants. The amount of the grant is for $50,000. The grant period is for a twelve month beginning 01/01/2014 and ending 12/31/2014. No match is required.
Submitted by: District Judge Judge Angie Juarez Barill, 346th District Court, (915) 546-2119
10.
Approve and authorize the closure of Avenida de San Lorenzo, Robert Alvarez, Center and Church Streets from 6:00 p.m. on August 8 through 9:00a.m. on August 12, 2013. The purpose of the closure is for the 99th Annual Fiesta de San Lorenzo.
Submitted by: Commissioner Vincent M. Perez, Pct. 3 (915) 546-2144
11.
Approve and authorize the transfer of excess salary and fringe benefits in the amount of approximately $281,000 from the Judicial budgets to the Council legal fees account to cover projected expenditures.  The final actual amount will be calculated by the Auditors office.
Submitted by: Office Manager Martha A. Banales, Council of Judges Administration
12.
Approve the rehire of County retiree, Kitty Schild, effective 8/5/13 as a Visiting Judge under the Council of Judges Administration 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
13.
Approve and authorize the General Assistance/Veterans Assistance Program, a unit of the Department of Family and Community Services, to submit an application to the Texas Veterans Commission Fund for Veterans' Assistance in the amount of $175,000 for limited emergency assistance, transportation services and housing assistance for homeless veterans. 
Submitted by: Director Rosemary V. Neill, Family and Community Services, (915) 834-8201
14.
Approve and authorize the Purchasing Agent to solicit bids for the new construction of four (4) homes under the TXCDBG Colonia Self Help Center Grant No. 710013 of the Texas Department of Housing and Community Affairs (TDHCA).  Bid specifications were approved by the PRP on July 25, 2013.
Submitted by: Director Rosemary V. Neill, Family and Community Services, (915) 834-8201
15.
Approve a title correction to Item #8 on the Commissioners Court Agenda, 7/15/13, in regards to a 6-week waiver that was approved by the Commissioners Court for Justice of the Peace #1. There is no impact to the budget.
Submitted by: Director Betsy C. Keller, SHPR, Human Resources Department (915) 546-2218
16.
Approve the recommendation from the El Paso County Staffing Review Committee (SRC) regarding Request #2013-037 to eliminate two Care Manager (G18) positions and create two Care Manager, Senior (P5) positions for the Mental Health Support Services (MHSS) Department and authorize the department to fill the vacancies for an overall cost of $28,488 for an entire fiscal year with no impact to the General Fund.
Submitted by: Director Betsy C. Keller, SPHR, Human Resources Department (915) 546-2218
17.
Approve the recommendation from the El Paso County Staffing Review Committee (SRC) regarding Request #2013-038 to regrade a vacant Eligibility Officer (G13) position to an Office Specialist, Senior (G12) position and Request #2013-040 to delete two vacant part-time Office Specialist, Senior (G12) positions for County Court at Law Administration. The overall impact for the changes would result in a savings of $24,841 for an entire fiscal year should this item be approved on 8/5/2013.
Submitted by: Director Betsy C. Keller, SPHR, Human Resources Department (915) 546-2218
18.
Approve the recommendation from the El Paso County Staffing Review Committee (SRC) regarding the request to reclassify the attached positions for the County Court at Law Administration for a budget impact of $30,650 for an entire fiscal year.
Submitted by: Director Betsy C. Keller, SPHR, Human Resources Department (915) 546-2218
19.
Approve the recommendation from the El Paso County Staffing Review Committee (SRC) regarding the request to reclassify the attached positions for the Elections Department, for a budget impact of $22,098 for an entire fiscal year.
Submitted by: Director Betsy C. Keller, SPHR, Human Resources Department (915) 546-2218
20.
Approve the 2013 Single and Double Paving Program for the Public Works-Road and Bridge Division.  This work will be done using county personnel and equipment.  It is proposed to repair 17.16 miles of road with single seals, and 1.4 miles of road with double seals.  Included are resealing 2.95 miles of shoulder and constructing 1.07 miles of new shoulders.  Funds are available in ROADBRIDGES-6211.
Submitted by: Public Works Director Ernesto Carrizal III, P.E., Public Works Department (915) 546-2015
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 County Judge to execute Change Order No. 4 of the contract with Dan Williams Company for Phase 1 of the M.F. Aguilera Hwy. (KK2013-0311).  Authorize the County Auditor to issue a check in the amount of $229,993.09 to Dan Williams Company as the full and final payment on the contract, and authorize the County Attorney's Office to issue a letter on behalf of the County explaining the basis for the County's changes A (in the amount of $357,683.80) against the final payment.  PRP approved.  Funds have been allocated in account CPCAPITAL07.
Submitted by: Public Works Director Ernesto Carrizal III, P.E., Public Works Department, (915) 546-2015
23.
Approve the acceptance of Homestead Meadows South Unit 2 Replat F and authorize the filing and recording of the subdivision plat.
Submitted by: Public Works Director Ernesto Carrizal III, P.E., Public Works Department (915) 546-2015
24.
Approve and authorize the Purchasing Agent and Public Works Department to negotiate possible land purchase, trade or combination of options with Mr. Gilberto Velazquez.  The property is located in Canutillo, Texas and is needed for a drainage easement.
Submitted by: Public Works Director Ernesto Carrizal III, P.E., Public Works Department (915) 546-2015
25.
Approve and authorize the Purchasing Agent to go out to bid for minimum of 200,000 gallons and up to 272,000 gallon of paving oil for the 2013 Chip Seal Program.  Funds are available in account ROADBRIDGES-6211.
Submitted by: Public Works Director Ernesto Carrizal III, P.E., Public Works Department, (915) 546-2015
26.
Approve and authorize the Purchasing Agent to go out to bid for paving rock for the 2013 Chip Seal Program.  Funds are available in account ROADBRIDGES-6211.
Submitted by: Public Works Director Ernesto Carrizal III, P.E., Public Works Department (915) 546-2015
27.
Award of Bid #13-041 Paper and Envelope Products for the County of El Paso to three (3) vendors - Landa Packaging Dist, LLC, Office Depot, and Spectrum Paper Co, Inc.  Award is for a 6-month term and based on the lowest price per line item listed.  Fiscal impact is approximately $108,000.  PRP approved on 7/25/2013.
Submitted by: Purchasing Agent Kennie Downing, Purchasing (915) 546-2048
28.
Accept the donation of property id#H77901009400020, legal description: 94 Horizon City #10, lot 2 from the owner, Mr. Peter B. Fugina.  The parcel is 36,000.69 square feet located in Clint, Texas.  The real property donation review committee has reviewed the property and based on the location and availability of utility services, has determined the donation to be a potential benefit to the County Of El Paso.
Submitted by: Asst. Purchasing Agent Jose Lopez, Jr., El Paso County Purchasing Department, (915) 543-2048
29.
Authorize and approve the Purchasing Department to accept a donation of surplus furniture from the City of El Paso to County Commissioners office Pct. 1.
Submitted by: Commissioner Pct. 1 Carlos Leon, Commissioners Court, (915) 546-2014
30.
Approve and authorize the transfer and removal of inventory from the Communication's Department to the Purchasing Department. See attachment.
Submitted by: Purchasing Agent Kennie Downing, Purchasing Department (915) 546-2048
31.
Approve and authorize the County Judge to sign the Interlocal Agreement/Cooperative Working Agreement between the Anthony Police Department and the El Paso County Sheriff's Office Border Crime Initiative effective 10/1/2012 to 09/30/2013 (BCI Contract #2012-0469).
Submitted by: Sheriff Richard D. Wiles, El Paso County Sheriff's Office (915) 538-2230
32.
Approve and authorize the County Judge to sign the Interlocal Agreement/Cooperative Working Agreement between Customs and Border Protection/HSI and the El Paso County Sheriff's Office Border Crime Initiative effective 10/1/2012 to 09/30/2013 (BCI Contract #2012-0469).
Submitted by: Sheriff Richard D. Wiles, El Paso County Sheriff's Office (915) 538-2230
33.
Approve and authorize the County Judge to sign the Interlocal Agreement/Cooperative Working Agreement between the Clint Police Department and the El Paso County Sheriff's Office Border Crime Initiative effective 10/1/2012 to 09/30/2013 (BCI Contract #2012-0469).
Submitted by: Sheriff Richard D. Wiles, El Paso County Sheriff's Office (915) 538-2230
34.
Approve and authorize the County Judge to sign the Interlocal Agreement/Cooperative Working Agreement between the Bureau of Customs/Border Enforcement and the El Paso County Sheriff's Office Border Crime Initiative effective 10/1/2012 to 09/30/2013 (BCI Contract #2012-0469).
Submitted by: Sheriff Richard D. Wiles, El Paso County Sheriff's Office (915) 538-2230
35.
Approve and authorize the County Judge to sign the Interlocal Agreement/Cooperative Working Agreement between the El Paso County District Attorney’s Office and the El Paso County Sheriff's Office Border Crime Initiative effective 10/1/2012 to 09/30/2013 (BCI Contract #2012-0469).
Submitted by: Sheriff Richard D. Wiles, El Paso County Sheriff's Office (915) 538-2230
36.
Approve and authorize the County Judge to sign the Interlocal Agreement/Cooperative Working Agreement between the Drug Enforcement Administration and the El Paso County Sheriff's Office Border Crime Initiative effective 10/1/2012 to 09/30/2013 (BCI Contract #2012-0469).
Submitted by: Sheriff Richard D. Wiles, El Paso County Sheriff's Office (915) 538-2230
37.
Approve and authorize the County Judge to sign the Interlocal Agreement/Cooperative Working Agreement between the Department of Public Safety and the El Paso County Sheriff's Office Border Crime Initiative effective 10/1/2012 to 09/30/2013 (BCI Contract #2012-0469).
Submitted by: Sheriff Richard D. Wiles, El Paso County Sheriff's Office (915) 538-2230
38.
Approve and authorize the County Judge to sign the Interlocal Agreement/Cooperative Working Agreement between the El Paso County Sheriff's Office and the El Paso County Sheriff's Office Border Crime Initiative effective 10/1/2012 to 09/30/2013 (BCI Contract #2012-0469).
Submitted by: Sheriff Richard D. Wiles, El Paso County Sheriff's Office (915) 538-2230
39.
Approve and authorize the County Judge to sign the Interlocal Agreement/Cooperative Working Agreement between the Federal Bureau of Investigations and the El Paso County Sheriff's Office Border Crime Initiative effective 10/1/2012 to 09/30/2013 (BCI Contract #2012-0469).
Submitted by: Sheriff Richard D. Wiles, El Paso County Sheriff's Office (915) 538-2230
40.
Approve and authorize the County Judge to sign the Interlocal Agreement/Cooperative Working Agreement between the United States Immigration Office and the El Paso County Sheriff's Office Border Crime Initiative effective 10/1/2012 to 09/30/2013 (BCI Contract #2012-0469).
Submitted by: Sheriff Richard D. Wiles, El Paso County Sheriff's Office (915) 538-2230
41.
Approve and authorize the County Judge to sign the Interlocal Agreement/Cooperative Working Agreement between the Internal Revenue Service and the El Paso County Sheriff's Office Border Crime Initiative effective 10/12/2012 to 09/30/2013 (BCI Contract #2012-0469).
Submitted by: Sheriff Richard D. Wiles, El Paso County Sheriff's Office (915) 538-2230
42.
Approve and authorize the County Judge to sign the Interlocal Agreement/Cooperative Working Agreement between the Socorro Police Department and the El Paso County Sheriff's Office Border Crime Initiative effective 10/1/2012 to 09/30/2013 (BCI Contract #20120469).
Submitted by: Sheriff Richard D. Wiles, El Paso County Sheriff's Office - (915) 538-2230
Reports
43.
Accept and take any other appropriate action related to the following quarterly reports:
a)
(Postponed 7/29/13) Office of the Constable Precinct 1
Submitted by: Constable Robert White (915) 534-3917, El Paso County Constable Pct.1
A copy of the full report may be found at
b)
Office of the Constable, Pct. 2
Submitted by: , County Clerk's Office (915) 546-2071
c)
Emergency Management
Submitted by: , County Clerk's Office (915) 546-2071
d)
Housing Authority
Submitted by: Interim Executive Director Beatrice Flores, Housing Authority (915) 764-3559
A copy of the full report may be found at
Regular Agenda
44.
(Postponed 7/15/13, 7/22/13)  Approve and authorize the award to Motorola for P25 Implementation as per recommendation from the Procurement Review Panel subject to approval of inter-local agreement with City and approval of funding by Commissioner Court.
Submitted by: IT Director David Garcia, Information Technology Department (915) 546-2041
45.
Approve and authorize the reorganization of six positions listed in the backup to create an office of administration to be known as Commissioners Court Administration. Further, approve the recommendation from the Human Resources Department to regrade the Chief Administrator (E-28) position to a County Administrator (E-38) position.
Submitted by: County Judge Veronica Escobar, County Judge's Office, (915) 546-2098
46.
Discuss and take appropriate action concerning the Chief Public Defender recruitment and job description.
Submitted by: Director Betsy C. Keller, SPHR, Human Resources Department (915) 546-2218
47.
Accept the 2013 Effective and Rollback Tax Rates for the County of El Paso.  Effective Tax Rate: $0.412651/$100.00.  Rollback Tax Rate: $0.450066/$100.00.  If the County of El Paso adopts a 2013 tax rate equal to the effective tax rate of $0.412651 per $100.00 of value, taxes will increase compared to the 2012 taxes by $2,604,039.00.  In accordance with Section 26.05(d) of the Property Tax Code, a taxing unit is required to hold two (2) public hearings and publish newspaper ads before adopting a tax rate that exceeds the rollback rate or the effective tax rate, whichever is lower.  
Submitted by: Tax Assessor-Collector Victor A. Flores, RTC, Tax Office (915)546-2097
48.
Accept the 2013 Effective and Rollback Tax Rate calculations for the El Paso County Hospital District.  Effective Tax Rate: $0.194184/$100.  Rollback Tax Rate: $0.210037/$100.  If the County Hospital District adopts a 2013 tax rate equal to the effective tax rate of $0.194184 per $100.00 of value, taxes will increase compared to 2012 taxes by $1,290,652.  In accordance with Section 26.05(d) of the Property Tax Code, a taxing unit is required to hold two (2) public hearings and publish newspaper ads before adopting a tax rate that exceeds the rollback rate of the effective rate, whichever rate is lower.
Submitted by: Tax Assessor-Collector Victor A. Flores, RTC, Tax Office (915) 546-2097
49.
Authorize and approve publication of any and all related Tax Notices in the El Paso Times, El Diario and the West Texas Courier for the County of El Paso, County Hospital District, El Paso Community College and Emergency Services District #1 on or about the week of August 7, 2013. The notices of publication can be viewed on the County of El Paso's website www.epcounty.com on or about the same date of publication.  Funds are available in TAXOFFICE 6022-Advertising General Account.
Submitted by: Tax Assessor-Collector Victor A. Flores, RTC, Tax Office (915) 546-2097
Executive Session
50.
Pursuant to Texas Government Code, Chapter 551:
a)
Discuss Civil Service matter involving Noah Quinn, County Attorney's file number GR-13-018, pursuant to Texas Government Code Section 551.071.
Submitted by: Assistant County Attorney Kathleen C. Anderson, County Attorney's Office, (915) 546-2050
b)
Discuss the pending litigation regarding Roxana Garcia v. El Paso County, Texas, County Attorney's file number LD-13-062, pursuant to Texas Government Code Section 551.071.
Submitted by: Assistant County Attorney Joe M. Gonzalez, County Attorney's Office, (915) 546-2050
c)
Discuss the pending litigation regarding Alfonso Frias v. Constable Luis Aguilar; Cause No. 2009-4032; County Attorney's File No. LD-09-083; pursuant to Texas Government Code Section 551.071.
Submitted by: Assistant County Attorney Ruben Duarte, County Attorney's Office, (915) 546-2050
d)
Discuss the pending litigation regarding Juana M. Avila v. County of El Paso, Texas; County Attorney file number LD-12-037, pursuant to Texas Government Code Section 551.071.
Submitted by: Assistant County Attorney Ruben Duarte, County Attorney's Office, 915/546-2050
Regular Session
51.
Discuss and take appropriate action regarding Civil Service matter involving Noah Quinn, County Attorney's file number GR-13-018.
Submitted by: Assistant County Attorney Kathleen C. Anderson, County Attorney's Office, (915) 546-2050