Monday, August 9, 2010 Commissioners Court Met in Regular Meeting at 9:33 A.M

MONDAY, AUGUST 9, 2010 COMMISSIONERS COURT MET IN REGULAR MEETING AT 9:33 A.M. WITH THE FOLLOWING MEMBERS PRESENT

HON. ANTHONY COBOS, PRESIDING COUNTY JUDGE ANNA PEREZ, COMMISSIONER, PCT. # 1 VERONICA ESCOBAR, COMMISSIONER, PCT. # 2 WILLIE GANDARA, COMMISSIONER, PCT. # 3 DANIEL R. HAGGERTY, COMMISSIONER, PCT. # 4

CESAR O. NAVA, DEPUTY CLERK ______

MEETING CONVENED AUGUST 9, 2010 MOTION # 1 On this day, Commissioners Court of El Paso County, Texas was called to order by the Deputy Clerk. ______

PLEDGE OF ALLEGIANCE AUGUST 9, 2010 MOTION # 2 On this day, Commissioners Court began with the Pledge of Allegiance. ______

POSTPONED – PRESENTATION TO CARMEN LOPEZ AUGUST 9, 2010 MOTION # 3 (Item # 1) On this day, on motion of Judge Cobos, seconded by Commissioner Escobar, it is the order of the Court to postpone for one week the agenda item to present Carmen Lopez, former Director of Motor Vehicle Registration & Titling a Certificate of Appreciation for 32 years of dedicated public service.

VOTE: YES – Judge Cobos, Perez, Escobar, Haggerty NO – None NOT PRESENT - Gandara ______

PUBLIC COMMENT AUGUST 9, 2010 MOTION # 4 (Item # 2) On this day, the following persons appeared before Commissioners Court to offer public comment.

Esteban Zubia, Parent Liaison, Border Children’s Mental Health Collaborative, recognized members of the Region 19 Migrant Homeless Program for providing backpacks and school supplies to the children in the program. James Perry, concerned citizen, regarding animal rights and an incident involving an U.S. Customs K-9 Officer. ______

APPROVED - CONSENT AGENDA; POSTPONED – QUARTERLY REPORT FROM CONCORDIA HERITAGE ASSOCIATION AUGUST 9, 2010 MOTION # 5 On this day, on motion of Commissioner Haggerty, seconded by Judge Cobos, it is the order of the Court to approve the following Consent Agenda items and to postpone for one week the quarterly report for the Concordia Heritage Association.

3. Approval of the Minutes of the regular meeting of July 12, 2010, August 2, 2010 and the special meeting of July 29, 2010. Submitted by: , County Clerk's Office

4. 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 Edwawr A. Dion, County Auditors Office

5. Approve amendment No. 36 to the 2009-2010 County of El Paso Operating Budget. This amendment will increase Grants by $132,374 thus increasing the overall operating budget of $287,929,659 to $288,062,033. Submitted by: County Auditor Edward A. Dion, County Auditors Office

6. Approve and authorize the County Judge to sign the Unclaimed Money Fund Claim Forms and Indemnity Agreements and authorize the County Auditor to submit the request to the State Comptroller in order to recover the unclaimed funds as listed on the attachments. Submitted by: County Auditor Edward A. Dion, County Auditors Office

7. 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 Robert Rivera, P.E., County Road and Bridge

2 8. Approve and authorize the El Paso County 9-1-1 District FY 2011 Proposed Budget. Submitted by: County Judge Anthony Cobos, County Judge

9. Approve and authorize the appointment of Lee Urias to the Civil Service Commission, effective immediately. Submitted by: County Judge Anthony Cobos, County Judge

10. Approve and authorize the transfer of surplus equipment, as listed in the backup, from the District Attorney's Office to the El Paso County Purchasing Department and ITD. Submitted by: District Attorney Jaime Esparza, District Attorney's Office

11. Request approval of and authorization for the County Judge to sign the contract for Full Battery Psychological Evaluation Services between the County of El Paso, on behalf of the El Paso County Juvenile Probation Department and Guido A. Barrientos, Ph.D. This agreement is effective May 1, 2010 and shall continue until April 30, 2011. This agreement has been reviewed as to form by the County Attorney. Contract Number KK-10-161. Submitted by: Chief Juvenile Probation Officer Roger Martinez, Juvenile Probation Department

12. The DRO requests Commissioner's Court permission for the County Judge to sign the State Case Registry/Local Customer Support contract between the Office of the Attorney General for the State of Texas and the El Paso County Domestic Relations Office. This contract has been approved as to form by the El Paso County Attorney's Office. Submitted by: Interim Executive Director Jim Fashing, Domestic Relations Office

13. The DRO requests that Commissioner's Court approve a title change from Visitation Specialist I and Visitation Specialist II (approved 8/2/10) to Visitation Specialist and Visitation Specialist Supervisor, respectively. There is no change in fiscal impact - only title. Submitted by: Interim Executive Director Jim Fashing, Domestic Relations Office

14. Approve and authorize the County Judge to sign the second of four one-year renewal options with HealthSCOPE Benefits for the County's Health Plan Benefits Third Party Administration Services and with Advantage Care Network for Network Health Plan Services for the period of January 1, 2011 to December 31, 2011. The County's Risk Pool Board approved recommending extending the contracts at their July 21, 2010 meeting. Contracts and amendments KK-10-352HSB/TPA and KK-10- 353HSB/NETWORK have been approved by the County Attorney's Office. Submitted by: Director Betsy C. Keller, SPHR, Human Resources

3 15. Approve the amendment of Rule 2.00 (b) of the Civil Service Rules and Regulations to allow elected officials up to 90 days to submit any positions for exemption from the coverage of the civil service rules as approved by the Civil Service Commission on June 1, 2010 and reviewed by the County Attorney's Office. Submitted by: Human Resources Director Betsy C. Keller, SPHR, Human Resources

16. Approve and authorize the purchase of hardware, software and other related equipment for the Disaster Recovery Data Center at the MDR building. Request the County Purchasing Agent to purchase from the State DIR Contract. Funds are available for the Data Center Project at $1,250,000 in CPTINFRST07. Submitted by: Chief Technology Officer Peter Cooper, Information Technology Department

17. Approve and authorize the transfer of unserviceable equipment, as listed in the backup, from the Information Technology Department to the County Purchasing Department for disposal. Submitted by: Chief Technology Officer Peter Cooper, Information Technology Department

18. Approve and authorize the County Judge to sign a Contract Between the County and TVP Non Profit for a term beginning July 26, 2010 and ending June 30, 2012 for the administration of the El Paso County Homelessness Prevention Program in the Central/Northwest Planning Area of the City. Submitted by: Director Rosemary V. Neill, Family and Community Services

19. Approve and authorize the County Judge to sign a contract Between the County and TVP Non Profit for a term beginning July 26, 2010 and ending June 30, 2012 for the administration of the El Paso County Homelessness Prevention Program in the Northeast/East Planning Area of the City. Submitted by: Director Rosemary V. Neill, Family and Community Services

20. Approve and authorize the County Judge to sign a Contract Between the County and TVP Non Profit for a term beginning July 26, 2010 and ending June 30, 2012 for the administration of the El Paso County Homelessness Prevention Program int he Lower Valley Planning Area. Submitted by: Director Rosemary V. Neill, Family and Community Services

21. Approve and Authorize the Border Children’s Mental Health Collaborative to submit the Renewing Our Communities Account grant, funded by the One Star Foundation. The grant amount is $40,000.00 for a period of 12 months. There is no match to be satisfied. Submitted by: Project Director Rita Ruelas, Border Children's Mental Health Collaborative

4 22. Approve and authorize the County Judge to sign the Annexation Agreement with the City of El Paso to annex the Right-of-Way for Caravanola Avenue. Submitted by: Public Works Director Robert Rivera, P.E., County Road and Bridge

23. Approve and authorize the County Purchasing Agent to publish a Notice of Intent to apply and public hearing for the 2011/2012 Texas Community Development Program (TxCDBG fund grant application) as required for infrastructure improvement project. Advertisement funds are available in PLANDEVELOP-6022. Submitted by: Public Works Director Robert Rivera, P.E., County Road and Bridge

24. Approve and authorize the County Judge to sign budget modification request No. 1 for the TxCDBG contract 728095 for Wastewater Improvement Project in the Tornillo area. The budget modification request is to transfer funds within the original budget. No County funds are required. Submitted by: Public Work Director Robert Rivera, P.E., County Road and Bridge

25. Authorize the Purchasing Agent to work with City contracted vendor to perform a study to evaluate the City contract on office machine leases to determine if a significant savings will be realized. Submitted by: Asst. Purchasing Agent Jose Lopez, Jr., El Paso County Purchasing Department

26. Approve and authorize the County Judge to sign the radio maintenance contract between the County of El Paso, Texas and R.T.C. Inc. for the El Paso County Sheriff's Office radio communications equipment. The County Attorney's Office has reviewed the contract (KK#10-344). Submitted by: Sheriff Richard D. Wiles, EPCSO

27. Approve and authorize the Purchasing Department to solicit bids for replacement X- ray machines to be placed at the El Paso County Courthouse. Submitted by: Commander Gomecindo Lopez, El Paso County Sheriff's Office- Special Operations

REPORTS

28. Accept the following quarterly reports: a) Constable's Office, Precinct 4. Submitted by: Constable Luis Aguilar, Constable, Precinct 4 c) El Paso Mental Health Mental Retardation Submitted by: Director Rosemary V. Neill, Family and Community Services d) Juvenile Probation Department Submitted by: Chief Juvenile Probation Officer Roger Martinez, Juvenile Justice Center

5 e) Park, Golf and Aquatics Department Submitted by: Interim Director Rosemary V. Neill, Park, Golf and Aquatics

VOTE: YES – Judge Cobos, Gandara, Perez, Escobar, Haggerty NO - None ______

ACCEPTED – 2010 TAX RATES FOR COUNTY OF EL PASO AUGUST 9, 2010 MOTION # 6 (Item # 29) On this day, on motion of Judge Cobos, seconded by Commissioner Escobar, it is the order of the Court to approve the agenda item to accept the 2010 Effective and Rollback Tax Rates for the County of El Paso: Effective Tax Rate: $0.343403/$100 Rollback Tax Rate: $0.377229/$100 If the County of El Paso adopts a 2010 tax rate equal to the effective tax rate of $0.343403 per $100 of value, taxes would increase compared to 2009 taxes by $1,801,215. 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.

Effective Tax Rate for County of El Paso Rollback Tax Rate for County of El Paso $0.343403 $0.377229

VOTE: YES – Judge Cobos, Gandara, Perez, Escobar, Haggerty NO - None ______

APPROVED – COUNTY TO NEGOTIATE WITH CITY OF EL PASO FOR APPLICANT TRACKING SOFTWARE AUGUST 9, 2010 MOTION # 7 (Item # 32) On this day, on motion of Commissioner Escobar, seconded by Commissioner Perez, regarding the agenda item to authorize County representatives to meet and negotiate with the City of El Paso regarding the establishment of an applicant tracking software partnership between the parties, it is the order of the Court to authorize the Human Resources Department, County Auditor’s Office, County Attorney’s Office, and Commissioner Escobar to work with the City and bring back details on the opportunity.

VOTE: YES – Judge Cobos, Gandara, Perez, Escobar, Haggerty NO – None ______

6 APPROVED – TRAVEL EXPENDITURE FOR COMMISSIONER, PCT. 2 AUGUST 9, 2010 MOTION # 8 (Item # 33) On this day, on motion of Commissioner Haggerty, seconded by Commissioner Escobar, it is the order of the Court to authorize travel expenditure in the amount of $243.40 for Commissioner Veronica Escobar to attend the Senate IGR Workgroup meeting in Austin, Texas on August 20, 2010, from the General Administrative Legislative Travel account.

VOTE: YES – Judge Cobos, Gandara, Perez, Escobar, Haggerty NO - None ______

POSTPONED – TERMINATION OF EMERGENCY PSYCHIATRIC SERVICES AGREEMENT WITH EL PASO MENTAL HEALTH MENTAL RETARDATION AUGUST 9, 2010 MOTION # 9 (Item # 34) On this day, on motion of Judge Cobos, seconded by Commissioner Escobar, it is the order of the Court to postpone for one week the agenda item to approve termination of Emergency Psychiatric Services Agreement with El Paso MHMR effective October 1, 2010, and instruct the County Attorney to send written notice El Paso MHMR.

VOTE: YES – Judge Cobos, Gandara, Perez, Escobar, Haggerty NO - None ______

APPROVED – MOVE DISCUSSION OF TRANSFER OF STAFF, FUNDS, AND GRANTS FOR THE 243RD DRUG COURT TO COUNCIL OF JUDGES ADMINISTRATION TO THE BUDGET HEARINGS FOR THE PROPOSED 2010-2011 BUDGET AUGUST 9, 2010 MOTION # 10 (Item # 35) On this day, on motion of Judge Cobos, seconded by Commissioner Escobar, regarding the agenda item to approve and authorize Commissioners Court to ratify the transfer of staff, funds and grants of the 243rd Drug Court to the Council of Judges Administration, it is the order of the Court to move the discussion of the item to the budget hearings for the proposed 2010-2011 Budget.

VOTE: YES – Judge Cobos, Gandara, Perez, Escobar, Haggerty NO - None ______

7 RESCINDED – BID AWARDED – BID FOR INMATE CLOTHING, BEDDING AND LINEN AUGUST 9, 2010 MOTION # 11 (Item # 36) On this day, on motion of Judge Cobos, seconded by Commissioner Haggerty, regarding the award of Bid No. 10-030, Bid for Inmate Clothing, Bedding, and Linen, awarded on July 19, 2010, Motion # 20, Item # 34, it is the order of the Court to rescind the award of the shoes to Gold Water Industries, Inc. and Uniforms Manufacturing, Inc., and award instead to ICS. Further it is the order of the Court to rescind the award of Inmate Coveralls from Bob Barker Company Inc., and award instead to Robinson Textiles.

VOTE: YES – Judge Cobos, Gandara, Perez, Escobar, Haggerty NO - None ______

BID AWARDED – TIRES FOR THE SHERIFF’S MOTORPOOL AUGUST 9, 2010 MOTION # 12 (Item # 37) On this day, on motion of Commissioner Haggerty, seconded by Commissioner Escobar, it is the order of the Court to award Bid No. 10-031, Bid – Tires for the Sheriff’s Motorpool, to A to Z and Wingfoot for their respective low bids.

VOTE: YES – Judge Cobos, Gandara, Perez, Escobar, Haggerty NO - None ______

APPROVED – ADA FACILITIES COMPLIANCE COORDINATOR FOR THE COUNTY OF EL PASO AUGUST 9, 2010 MOTION # 13 (Item # 38) On this day, on motion of Commissioner Gandara, seconded by Commissioner Escobar, it is the order of the Court to designate and approve the appointment of the County Public Works Director or his designee as the ADA Facilities Compliance Coordinator for the County of El Paso effective immediately.

VOTE: YES – Judge Cobos, Gandara, Perez, Escobar, Haggerty NO - None ______

8 ACCEPTED – 2010 TAX RATES FOR HOSPITAL DISTRICT AUGUST 9, 2010 MOTION # 14 (Item # 30) On this day, on motion of Commissioner Haggerty, seconded by Judge Cobos, it is the order of the Court to approve the agenda item to accept the 2010 Effective and Rollback Tax Rate calculations for the University Medical Center of El Paso (Hospital District): Effective Tax Rate: $0.182124/$100 Rollback Tax Rate: $0.192236/$100 If the University Medical Center of El Paso (Hospital District) adopts a 2010 tax rate equal to the effective tax rate of $0.182124 per $100 of value, taxes would increase compared to 2009 taxes by $1,001,841. 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 rate, whichever rate is lower.

Effective Tax Rate for Hospital District Rollback Tax Rate for Hospital District $0.182124 $0.192236

VOTE: YES – Judge Cobos, Gandara, Perez, Escobar, Haggerty NO - None ______

APPROVED – AS CORRECTED, 2010 TAX RATES TO BE PUBLISHED IN EL PASO TIMES, EL DIARIO, AND WEST TEXAS COURIER AUGUST 9, 2010 MOTION # 15 (Item # 31) On this day, on motion of Commissioner Haggerty, seconded by Judge Cobos, it is the order of the Court to approve the agenda item, as corrected, to authorize the County Tax Assessor-Collector to publish the required notice(s) to the public concerning the 2010 Effective Tax Rates in accordance with Tax Code §26.06 for the County of El Paso, University Medical Center of El Paso (UMC), El Paso Community College (EPCC) and Emergency Services District #1 (ESD #1) in the El Paso Times, El Diario, and the West Texas Courier on or about the week of August 16, 2010. The notices of publication can also be viewed on the County of El Paso's website www.epcounty.com on or about the same date of publication. Total cost is $9,855.00. Funds are available in TAXOFFICE-6022 Advertising General Account.

VOTE: YES – Judge Cobos, Gandara, Perez, Escobar, Haggerty NO - None ______

9 POSTPONED – SELECTION PROCESS AND INTERVIEW PANEL FOR MEDICAL EXAMINER POSITION AUGUST 9, 2010 MOTION # 16 (Addendum # 1) On this day, on motion of Commissioner Escobar, seconded by Commissioner Perez, it is the order of the Court to postpone for one week the agenda item to discuss and take appropriate action regarding the selection process and interview panel for the Medical Examiner position.

VOTE: YES – Judge Cobos, Gandara, Perez, Escobar, Haggerty NO - None ______

EXECUTIVE SESSION AUGUST 9, 2010 MOTION # 17 (Item # 39) On this day, the Deputy Clerk announced that Commissioners Court would recess into executive session to discuss the following items, pursuant to Texas Government Code §551. The Court would reconvene to take official action.

39a) Discuss the pending litigation regarding Lea Shawnette Gutierrez v. County of El Paso, Cause No. 2009-1506, County Attorney No. LD-09-032, pursuant to Texas Government Code Section 551.071. Submitted by: Assistant County Attorney Michael R. Wyatt, County Attorneys Office

The Court recessed at 10:35 a.m. ______

MEETING RECONVENED AUGUST 9, 2010 MOTION # 18 On this day, Commissioners Court reconvened into regular open session following executive session at 10:46 a.m. ______

10 APPROVED – SETTLEMENT AGREEMENT REGARDING LEA SHAWNETTE GUTIERREZ V. COUNTY OF EL PASO, CAUSE NO. 2009-1506, CA NO. LD-09-032 AUGUST 9, 2010 MOTION # 19 (Item # 40) On this day, on motion of Commissioner Haggerty, seconded by Commissioner Escobar, it is the order of the Court to authorize the County Judge to sign the settlement agreement in the amount of $31,842.25 regarding Lea Shawnette Gutierrez v. County of El Paso, Cause No. 2009-1506, County Attorney No. LD-09-032.

VOTE: YES – Judge Cobos, Perez, Escobar, Haggerty NO – None NOT PRESENT - Gandara ______

APPROVED – COUNTY TO ADVOCATE FOR HOUSE SEAT REDISTRICTING AUGUST 9, 2010 MOTION # 20 (Addendum # 2) On this day, on motion of Commissioner Escobar, seconded by Commissioner Gandara, it is the order of the Court that the County take the position that districts for House Seats be drawn as small as possible during Texas House Redistricting.

VOTE: YES – Judge Cobos, Gandara, Perez, Escobar, Haggerty NO – None ______

APPROVED – COUNTY DESIGNEES TO HOUSE COMMITTEE MEETINGS REGARDING REDISTRICTING AUGUST 9, 2010 MOTION # 21 (Addendum # 2) On this day, on motion of Commissioner Perez, seconded by Commissioner Escobar, it is the order of the Court to authorize Commissioner Anna Perez and Commissioner Willie Gandara Jr. to represent the County at the House Committee Meetings regarding redistricting and report back to the Court with recommendations.

VOTE: YES – Judge Cobos, Gandara, Perez, Escobar, Haggerty NO - None ______

MEETING ADJOURNED AUGUST 9, 2010 MOTION # 22 On this day, there being no further business to discuss, the meeting was adjourned at 11:03 a.m. ______

MEETING ADJOURNED - SINE DIE

ATTEST:

DELIA BRIONES, COUNTY CLERK EL PASO COUNTY, TEXAS

______CESAR O. NAVA, DEPUTY CLERK

EXAMINED AND APPROVED BY ME THIS:

______DAY OF ______, 2010.

______COUNTY JUDGE ANTHONY COBOS, PRESIDING