MONDAY, AUGUST 26, 2013 COMMISSIONERS COURT MET IN REGULAR MEETING AT 9:33 A.M. WITH THE FOLLOWING MEMBERS PRESENT

Transcription

1 MONDAY, AUGUST 26, 2013 COMMISSIONERS COURT MET IN REGULAR MEETING AT 9:33 A.M. WITH THE FOLLOWING MEMBERS PRESENT HON. VERONICA ESCOBAR, PRESIDING COUNTY JUDGE CARLOS LEON, COMMISSIONER, PCT. # 1 SERGIO LEWIS, COMMISSIONER, PCT. # 2 VINCENT M. PEREZ, COMMISSIONER, PCT. # 3 PATRICK ABELN, COMMISSIONER, PCT. # 4 ELLEN A. SMYTH, CHIEF ADMINISTRATOR PATRICIA PIETZYK, DEPUTY CLERK _ MEETING CONVENED AUGUST 26, 2013 MOTION # 1 On this day, Commissioners Court of El Paso County, Texas was called to order by the Deputy Clerk. _ PLEDGE OF ALLEGIANCE AUGUST 26, 2013 MOTION # 2 On this day, Commissioners Court began with the Pledge of Allegiance. _ APPROVED - CONSENT AGENDA; POSTPONED - QUARTERLY REPORTS FROM EMERGENCY MANAGEMENT, ADULT PROBATION DEPARTMENT, AND OFFICE OF CONSTABLE, PCT. 3 AUGUST 26, 2013 MOTION # 3 On this day, on motion of Commissioner Lewis, seconded by Commissioner Perez, it is the order of the Court to approve the following Consent Agenda items, including the deletion of Item # 21, and to postpone for two weeks the quarterly reports from Emergency Management, Adult Probation Department and the Office of the Constable, Pct Approve Minutes of the special meetings of August 13, 2013; August 15, 2013, and August 20, Submitted by:, County Clerk's Office (915)

2 5. Pursuant to the Texas Local Government Code, Section , 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) Approve amendment No. 37 to the County of El Paso's operating budget. This budgetary amendment will increase Grants by $549,000, as noted on the attachment, thus increasing the overall operating budget of $301,430, to $301,979, Submitted by: County Auditor Edward A. Dion, County Auditor's Office, (915) Approve and authorize the closure of Cobb Street in Tornillo on Saturday, August 31, 2013, from 5:00 pm to 12:00 am for their annual fiesta. Submitted by: Commissioner Vincent M. Perez, Pct. 3 (915) Approve and authorize the El Paso County 911 District FY 2014 Proposed Budget. Submitted by: County Judge Veronica Escobar, Commissioners Court (915) Approve and authorize the El Paso County Judge to sign the renewal of the District Attorney's Information Management System (DIMS) Interlocal Governmental Agreement with the City of El Paso for Fiscal Year 2014, which includes an increase in funding by the County in the amount of $28, per year. Submitted by: District Attorney Jaime Esparza, District Attorney's Office, Tel. (915) Approve and authorize the County Judge to sign the Office of the Attorney General's Statewide Automated Victim Notification Service (SAVNS) Fiscal Year 2013 Quarterly Invoice (OAG # /KK ) in the amount of $7, and the Quarterly Verification of Continuing Production Record Form for automated victim information and notification in El Paso County. This represents no direct cost to El Paso County. Submitted by: District Attorney Jaime Esparza, District Attorney's Office, (915) Approve and authorize the District Attorney to utilize funds from discretionary accounts to continue and pay the salaries funded by the El Paso County Victim Assistance Program (VOCA Grant # /KK ), the Domestic Violence Unit (VAWA Grant # /KK ), and the Border Prosecution Unit (BPU Grant # ) for the grant period beginning on September 1, 2013 until the funds are awarded. Funds are available in DAFOODSTFRA account or DASPECIAL account if necessary and would be reimbursed to those accounts out of grant funds received. Submitted by: District Attorney Jaime Esparza, District Attorney's Office, (915) Approve and authorize the County Judge to sign OAG contract amendment # 10- C0024. Submitted by: Executive Director Jim Fashing, Domestic Relations Office ( ) 2

3 13. Approve and authorize the County Judge to sign a Memorandum of Understanding for Support of the Rainbow Room with Community Partners of El Paso to provide resources for children receiving child protective services. Submitted by: Director Rosemary V. Neill, Family and Community Services (915) Approve and authorize the County Judge to sign a Contract between the City of El Paso and the County for $62,417 to provide nutritious noontime home delivered meals to at least 52 CDBG eligible adults who are severely disabled or 62 years of age or older from September 1, 2013 to August 31, Submitted by: Director Rosemary V. Neill, Family and Community Services (915) Approve and authorize the County Judge to sign the First Amendment to HHSP- HTF Contract between the City of El Paso and the County of El Paso that amends Exhibits A, B and C of the contract to provide financial assistance and stabilization services inside the City limits to individuals and families at risk of homelessness. Submitted by: Director Rosemary V. Neill, Family and Community Services (915) Approve and authorize the County Judge to sign a Memorandum of Understanding for HMIS In-Kind Match by the performance of eligible HMIS activities by County staff to meet the County's match participation in an El Paso Coalition for the Homeless Emergency Solutions Grant (ESG) from the City of El Paso. Submitted by: Director Rosemary V. Neill, Family and Community Services (915) Approve and authorize the County Judge to sign a Memorandum of Understanding for HMIS in-kind Match that authorizes the County to meet a portion of the match requirement for a United States Department of Housing and Urban Development grant from the salary and benefits paid to County staff performing eligible HMIS activities. Submitted by: Director Rosemary V. Neill, Family and Community Services (915) Approve and authorize the County Judge to sign a Memorandum of Understanding for HMIS In-Kind Match that allows the County to meet its match requirement for a United States Department of Housing and Urban Development (HUD) Expansion Grant by the use of salary and benefits of County staff performing eligible HMIS activities. Submitted by: Director Rosemary V. Neill, Family and Community Services (915)

4 19. Approve and authorize the County Judge to sign a State Funds Fiscal Year 2014 Project Grant Agreement between the County and the Texas Department of Transportation for rural commuter bus service beginning September 1, 2013 and ending August 31, 2014 in the amount of $307,188. Submitted by: Director Rosemary V. Neill, Family and Community Services (915) Approve and authorize the County Judge to sign the Agreement and Acceptance Letter with Gabriel Roeder Smith & Company for Actuarial Services for the County's Retiree Drug Subsidy application to the Centers for Medicare & Medicaid Services (CMS). The term of the agreement will be from September 1, 2013 to August 31, Submitted by: Director Betsy C. Keller, SHPR, Human Resources Department (915) Approve and authorize the County Judge to sign the residential service agreement between 4M Youth Services Inc., d/b/a Granbury Regional Juvenile Justice Center and El Paso County, on behalf of El Paso County Juvenile Probation. The County Attorney's Office has reviewed and approved as to legal form. Submitted by: Chief Juvenile Probation Officer Roger Martinez, Juvenile Probation Department (915) Approve the Certificates of Plat Compliance (under Texas Local Government code Section (a), as provided on the attached listing. Submitted by: Public Works Director Ernesto Carrizal III, P.E., Public Works Department (915) Approve the increase of entrance fee for Ascarate Park for specially designated events to $5.00 effective immediately and approve the increase of the regular entrance rate from $1.00 to $2.00 effective September 6, Submitted by: Public Works Director Ernesto Carrizal III, P.E., Public Works Department (915) Discuss and take appropriate action on a Variance request from Hunt Communities Holding L.P. from the County of El Paso Subdivision Regulations for Mission Ridge Units 10 and 15. Submitted by: Public Works Director Ernesto Carrizal III, P.E., Public Works Department (915) Approve and authorize the County Purchasing Agent to solicit Request for Proposals to Replace Two Flex Tube Domestic Boilers in the Downtown Detention Facility. This item was reviewed and approved by the Procurement Review Panel on July 18, Submitted by: Public Works Director Ernesto Carrizal III, P.E., Public Works Department (915)

5 34. Rescind award of Bid # to Office Depot for purchase of 25% cotton letterhead paper due to bidding error; and award bid to the actual lowest bidder, Olmsted Kirk Paper. This matter was approved by the Procurement Review Panel (PRP) on 8/13/2013. Submitted by: Purchasing Agent Kennie Downing, Purchasing (915) Approve and authorize the transfer and removal of inventory from the Office of the District Attorney to the Purchasing Department. See attachment Submitted by: Purchasing Agent Kennie Downing, Purchasing Department (915) Approve and authorize the transfer and removal of inventory items from the Sheriff Department and the Office of the Tax Assessor-Collector to the Purchasing Department. See attachment. Submitted by: Purchasing Agent Kennie Downing, Purchasing Department (915) Approve and authorize the County Judge to execute the Texas State - Texas School Safety Center FY2014 Tobacco Enforcement Program Interlocal Cooperation Contract with Exhibits A, B, & C. The FY14 Tobacco Enforcement Program Grant is from September 1st, 2013 to August 31st, 2014 and an award of $48,600 to conduct 648 underage tobacco stings. Submitted by: Sheriff Richard D. Wiles, EPSCO - Grants (915) Approve and authorize the County Judge to execute and sign the Texas Department of Transportation (TxDOT) - STEP Comprehensive Grant for the El Paso County Sheriff's Office in the amount of: $72,367.86, with an in-kind match of $24,130.05, for a total project of $96, for the period of October 1, 2013 through September 30, Submitted by: Sheriff Richard D. Wiles, EPSCO - Grants (915) Authorize the County Judge to sign the training agreement between the Public Agency Training Council and the El Paso County Sheriff's Office/West Texas HIDTA Administration for training to be held October 7-9, (KK ) Submitted by: Director Travis B. Kuykendall, West Texas HIDTA (915) Authorize the County Judge to sign the training agreement between the Public Agency Training Council and the El Paso County Sheriff's Office/West Texas HIDTA Administration for training to be held November 6-7, (KK ) Submitted by: Director Travis B. Kuykendall, West Texas HIDTA (915)

6 42. Authorize the County Judge to sign the training agreement between the Public Agency Training Council and the El Paso County Sheriff's Office/West Texas HIDTA Administration for training to be held November 4-5, (KK ) Submitted by: Director Travis B. Kuykendall, West Texas HIDTA (915) APPROVED - RESOLUTION HONORING DANIEL ROLLINGS FOR HIS COURAGE IN DONATING KIDNEY TO FELLOW EMPLOYEE IN SHERIFF'S DEPARTMENT AUGUST 26, 2013 MOTION # 4 (Item # 1) On this day, on motion of Commissioner Leon, seconded by County Judge Escobar, it is the order of the Court to adopt a resolution honoring Daniel Rollings for his courage in donating a kidney to a fellow employee in the Sheriff's Department. APPROVED - RESOLUTION RECOGNIZING FIESTA DE LAS FLORES WEEK AUGUST 26, 2013 MOTION # 5 (Item # 2) On this day, on motion of Commissioner Lewis, seconded by Commissioner Perez, it is the order of the Court to adopt a resolution recognizing the week of August 30 through September 1, 2013 as Fiesta De Las Flores Week in El Paso County. PUBLIC COMMENT AUGUST 26, 2013 MOTION # 6 (Item # 3) On this day, the following persons appeared before Commissioners Court to offer public comment. County Judge Escobar introduced Christopher Stathis, the new Chief Technology Officer. Jack Bradford, concerned citizen, offered comment on taxes. Salvador Gomez, concerned citizen, commented on taxes and debt. Jorge Artalejo, concerned citizen, spoke regarding politics. Maya Sanchez, concerned citizen, talked about the San Elizario incorporation efforts. Letty Mireles, concerned citizen, spoke regarding the San Elizario incorporation efforts. 6

7 Maria Covernali, concerned citizen, commented on the San Elizario incorporation efforts. Jo Anne Bernal, County Attorney, talked about the San Elizario incorporation efforts. APPROVED - AS CORRECTED, PROPOSE COUNTY HOSPITAL TAX RATE OF $ PER $100 ASSESSED VALUATION FOR 2013 TAX YEAR AUGUST 26, 2013 MOTION # 7 (Item # 44) On this day, on motion of County Judge Escobar, seconded by Commissioner Perez, it is the order of the Court, as corrected, pursuant to the Property Tax Code, 26.05(d), to propose a tax rate for the El Paso County Hospital District d/b/a University Medical Center of El Paso of $ per $100 assessed valuation for the 2013 tax year; which consists of a rate of $ per $100 assessed valuation for Maintenance and Operations, and a rate of $ per $100 assessed valuation for payment of the principal and interest on the debt of the District. Further, it is the order of the Court to schedule two public hearings to hear public comment on the proposed tax rate as follows: the first public hearing is to be held Tuesday, September 3, 2013 at 6:30 p.m., in the Commissioners Court Chambers, 3 rd Floor, Room 303, El Paso County Courthouse, 500 E. San Antonio Avenue, and the second public hearing is to be held on Monday, September 9, 2013 at 6:30 p.m., in Commissioners Court Chambers, 3 rd Floor, Room 303, El Paso County Courthouse, 500 E. San Antonio Avenue. VOTE: YES Judge Escobar, Leon, Perez, Abeln NO Lewis APPROVED - PROPOSE COUNTY OF EL PASO TAX RATE OF $ PER $100 ASSESSED VALUATION FOR 2013 TAX YEAR AUGUST 26, 2013 MOTION # 8 (Item # 45) On this day, on motion of County Judge Escobar, seconded by Commissioner Perez, it is the order of the Court, pursuant to the Property Tax Code, 26.05(d), to propose a tax rate for the County of El Paso of $ per $100 assessed valuation for the 2013 tax year; which consists of a rate of $ per $100 assessed valuation for Maintenance and Operations, and a rate of $ per $100 assessed valuation for payment of the principal and interest on the debt. Further, it is the order of the Court to schedule two public hearings to hear public comment on the proposed tax rate as follows: the first public hearing is to be held Tuesday, September 3, 2013 at 6:00 p.m., in the Commissioners Court Chambers, 3 rd Floor, Room 303, El Paso County Courthouse, 500 E. San Antonio Avenue, and the second public hearing is to be held on Monday, September 9, 2013 at 6:00 p.m., in Commissioners Court Chambers, 3 rd Floor, Room 303, El Paso County Courthouse, 500 E. San Antonio Avenue. VOTE: YES Judge Escobar, Leon, Perez, Abeln NO Lewis 7

8 APPROVED - FEDERAL PLANNING FISCAL YEAR 2014 PROJECT GRANT AGREEMENT WITH TEXAS DEPARTMENT OF TRANSPORTATION AUGUST 26, 2013 MOTION # 9 (Item # 20) On this day, on motion of Commissioner Leon, seconded by Commissioner Perez, it is the order of the Court to approve the agenda item to approve and authorize the County Judge to sign a Federal Planning Fiscal Year FY 2014 Project Grant Agreement between the County and the Texas Department of Transportation for a period beginning September 1, 2013 and ending August 31, 2014 in the amount of $25,000. APPROVED - FIRST AMENDMENT TO INDIVIDUAL AND FAMILY GROUP PSYCHOLOGICAL COUNSELING SERVICES AGREEMENT BETWEEN EL PASO COUNTY, ON BEHALF OF THE EL PASO COUNTY JUVENILE PROBATION DEPARTMENT AND J. VINCENT HENNEBURG; APPROVED - FIRST AMENDMENT TO INTENSIVE IN-HOME MENTAL HEALTH SERVICES AGREEMENT BETWEEN EL PASO COUNTY, ON BEHALF OF THE EL PASO COUNTY JUVENILE PROBATION DEPARTMENT AND PINNACLE SOCIAL SERVICES L.L.C. AUGUST 26, 2013 MOTION # 10 (Items # 24, 25) On this day, on motion of Commissioner Lewis, seconded by Commissioner Abeln, it is the order of the Court to approve the following regular agenda items. 24. Approve and authorize the El Paso County Judge, on behalf of the El Paso County Juvenile Probation Department, to sign first amendment extending KK on a month to month basis with J. Vincent Henneburg d/b/a Henneburg Counseling Center, P.C., for Individual and Family Group Psychological Counseling Services until a new bid is awarded and a contract executed. County Attorney's Office has reviewed and approved as to legal form ( ). Submitted by: Chief Juvenile Probation Officer Roger Martinez, Juvenile Probation Department (915)

9 25. Approve and authorize the El Paso County Judge, on behalf of the El Paso County Juvenile Probation Department, to sign first amendment extending KK on a month to month basis with Pinnacle Social Services, LLC for Special Needs Diversionary Program (SNDP) In-Home Mental Health Services until a new bid is awarded and a contract executed. County Attorney's Office has reviewed and approved as to legal form ( ). Submitted by: Chief Juvenile Probation Officer Roger Martinez, Juvenile Probation Department (915) APPROVED - CHANGE ORDER NO. ONE TO FIXED PRICE CONSTRUCTION AGREEMENT FOR MOLD REMEDIATION AT EL PASO COUNTY DOWNTOWN DETENTION FACILITY WITH DYNA FOUR, INC. D/B/A SERVPRO OF WEST EL PASO FOR SHERIFF S OFFICE AUGUST 26, 2013 MOTION # 11 (Item # 27) On this day, on motion of Commissioner Leon, seconded by Commissioner Perez, it is the order of the Court to accept the agenda item to approve and authorize the County Judge to sign Change Order No. One ( ) between Dyna Four, Inc. d/b/a ServPro of West El Paso affecting the Fixed Price Construction Agreement for Jail Mold Remediation at the Downtown Detention Facility ( ). This change order increases the contract amount by $78, and includes a time extension of two days and twelve hours to address unforeseeable complications with the ventilation system in the building. POSTPONED - COUNTY PURCHASING AGENT TO SOLICIT REQUEST FOR QUALIFICATIONS FOR DESIGN, ENGINEERING, AND PROJECT MANAGEMENT SERVICES TO UPGRADE AND REPLACE PLUMBING/SEWER SYSTEM IN DOWNTOWN DETENTION FACILITY AUGUST 26, 2013 MOTION # 12 (Item # 31) On this day, on motion of Commissioner Perez, seconded by Commissioner Leon, it is the order of the Court to postpone for two weeks the agenda item to approve and authorize the County Purchasing Agent to solicit Request for Qualifications for Design, Engineering, and Project Management Services to Upgrade and Replace the Plumbing/Sewer System in the Downtown Detention Facility. This item was reviewed and approved by the Procurement Review Panel on August 8,

10 APPROVED - AS CORRECTED, SELECTION OF CONSULTANT, CARL DANIEL ARCHITECTS, FOR ARCHITECTURAL SERVICES FOR MULTIPLE RENOVATION PROJECTS FOR COUNTY OF EL PASO AUGUST 26, 2013 MOTION # 13 (Item # 32) On this day, on motion of Commissioner Perez, seconded by Commissioner Leon, it is the order of the Court to approve the agenda item, as corrected, as follows: Approval of the selection of consultant, Carl Daniel Architects, to provide Architectural Services for Multiple Renovation Projects for the County of El Paso, contingent upon successful negotiations and contract execution. Further authorize the Purchasing Agent to enter into negotiation with the highest-ranked consultant. The necessary contract documents will be submitted to Commissioners Court at a later date for consideration and action upon successful negotiations. APPROVED - CANCELLATION OF BID NO FOR MILK PRODUCTS FOR COUNTY OF EL PASO; BID AWARDED - MILK PRODUCTS AVAILABLE UNDER ESC REGION 19 COOPERATIVE CONTRACT; APPROVED - PURCHASING AGENT TO SOLICIT INFORMAL BID FOR REMAINING MILK PRODUCTS AUGUST 26, 2013 MOTION # 14 (Item # 33) On this day, on motion of Commissioner Leon, seconded by Commissioner Lewis, it is the order of the Court to approve the agenda item to cancel and close out Bid #13-40 for Milk Products for the County of El Paso as no bids were received; award a one-year purchase order to Dean Dairy Holdings LLC dba Price's Creameries for the approved milk products available under the ESC Region 19 Cooperative contract RFP # ; and authorize the Purchasing Agent to informally bid the remaining milk products that aren't available under the Region 19 contract. Fiscal impact is estimated to be $275,000 for one year. 10

11 APPROVED - TRANSFER OF FUNDS FOR SALARIES FOR OVERTIME EXPENSE FOR SHERIFF S OFFICE AUGUST 26, 2013 MOTION # 15 (Item # 39) On this day, on motion of Commissioner Abeln, seconded by Commissioner Lewis, it is the order of the Court to approve the agenda item to approve and authorize the transfer of funds from the Contingency Account to cover shortfalls in Budgeted Overtime. VOTE: YES Judge Escobar, Lewis, Perez, Abeln NOT PRESENT - Leon APPROVED - PROPOSED ANNUAL SALARIES, EXPENSES AND ALLOWANCES FOR ELECTED COUNTY AND PRECINCT OFFICERS FOR F. Y AUGUST 26, 2013 MOTION # 16 (Item # 46) On this day, on motion of Commissioner Lewis, seconded by County Judge Escobar, it is the order of the Court to approve the agenda item to pursuant to the Texas Local Government Code, (b), discuss and take action on the proposed annual salaries, expenses or allowances for elected County and precinct officers for the fiscal year beginning October 1, Any proposed salary or allowance increases will be published in a local newspaper of general circulation. These increases would take effect on October 1, 2013 upon the adoption of the County Budget. VOTE: YES Judge Escobar, Lewis, Leon, Perez NOT PRESENT - Abeln APPROVED - INCREASE IN FUNDING FOR SALARY SUPPLEMENT FOR APPELLATE AND DISTRICT COURT JUDGES FOR COUNCIL OF JUDGES ADMINISTRATION AUGUST 26, 2013 MOTION # 17 (Item # 47) On this day, on motion of Commissioner Lewis, seconded by Commissioner Leon, regarding the agenda item to discuss and take action regarding salary supplements of Justices of the 8th Court of Appeals and District Judges in response to Judicial pay adjustments approved by the 83rd Texas Legislature effective September 1, 2013, it is the order of the Court to approve the supplement of $15,000. VOTE: YES Judge Escobar, Leon, Lewis, Abeln NO Perez 11

12 RECONSIDERED - PROPOSED ANNUAL SALARIES, EXPENSES AND ALLOWANCES FOR ELECTED COUNTY AND PRECINCT OFFICERS FOR F. Y AUGUST 26, 2013 MOTION # 18 (Item # 46) On this day, on motion of County Judge Escobar, seconded by Commissioner Perez, it is the order of the Court to reconsider the agenda item to pursuant to the Texas Local Government Code, (b), discuss and take action on the proposed annual salaries, expenses or allowances for elected County and precinct officers for the fiscal year beginning October 1, Any proposed salary or allowance increases will be published in a local newspaper of general circulation. These increases would take effect on October 1, 2013 upon the adoption of the County Budget. APPROVED - NO PUBLICATION REQUIRED FOR PROPOSED ANNUAL SALARIES, EXPENSES AND ALLOWANCES FOR ELECTED COUNTY AND PRECINCT OFFICERS FOR F. Y AUGUST 26, 2013 MOTION # 19 (Item # 46) On this day, on motion of County Judge Escobar, seconded by Commissioner Perez, regarding the agenda item to pursuant to the Texas Local Government Code, (b), discuss and take action on the proposed annual salaries, expenses or allowances for elected County and precinct officers for the fiscal year beginning October 1, Any proposed salary or allowance increases will be published in a local newspaper of general circulation. These increases would take effect on October 1, 2013 upon the adoption of the County Budget; it is the order of the Court to freeze the salaries of those elected officials on the list and not to incur the expense of publication. 12

13 APPROVED - REFER REQUEST FOR FAMILY COURT FOR COUNCIL OF JUDGES ADMINISTRATION TO BUDGET PROCESS AUGUST 26, 2013 MOTION # 20 (Item # 48) On this day, on motion of County Judge Escobar, seconded by Commissioner Perez, regarding the agenda item to approve hosting a second Title IV-D court as designated in the Texas Family Code, Title 5.- The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship, Subtitle C.- Judicial Resources and Services, Chapter Associate Judge, Subchapter B. - Associate Judge for Title IV- D Cases, Statute Designation of Host County; it is the order of the Court to refer this request to the budget process. APPROVED - ARMORED CAR SERVICE AGREEMENT WITH SOTO ENTERPRISES, INC. D/B/A MIRACLE DELIVERY ARMORED SERVICE FOR DELIVERY SERVICES AUGUST 26, 2013 MOTION # 21 (Item # 49) On this day, on motion of Commissioner Perez, seconded by County Judge Escobar, it is the order of the Court to approve the agenda item to approve and authorize County Judge to sign a three year contract for Armored Car Service with Miracle Delivery Service in the amount of $215, Contract has been reviewed by Assistant County Attorney. EXECUTIVE SESSION AUGUST 26, 2013 MOTION # 22 (Item # 50) 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. 50a) Discuss the pending litigation regarding Juana M. Avila v. County of El Paso, Texas; County Attorney's file number LD , pursuant to Texas Government Code Section Submitted by: Assistant County Attorney Ruben Duarte, County Attorney's Office (915)

14 50b) Discuss potential claim regarding Certificates of Plat compliance and on-site sewage facility regulations for properties located at Turf Estates; County Attorney's number PC, pursuant to Texas Government Code Section Submitted by: Assistant County Attorney Manuel Romero, County Attorney's Office (915) c) Discuss litigation styled Yolanda Campos v. El Paso County, Texas.; Cause No. 3:13-cv-256; County Attorney's file number LD, pursuant to Texas Government Code Section Submitted by: Assistant County Attorney Manuel Romero, County Attorney's Office (915) d) Discuss potential claim regarding Luis Burciaga; County Attorney's number PC , pursuant to Texas Government Code Section Submitted by: Assistant County Attorney Amy Monsivais, County Attorney's Office (915) The Court recessed at 1:22 p.m. MEETING RECONVENED AUGUST 26, 2013 MOTION # 23 On this day, Commissioners Court reconvened into regular open session following executive session at 2:40 p.m. NO ACTION - PENDING LITIGATION JUANA M. AVILA V. COUNTY OF EL PASO, TEXAS; COUNTY ATTORNEY'S FILE NUMBER LD AUGUST 26, 2013 MOTION # 24 (Item # 51) On this day, Commissioners Court took no formal action on the agenda item to discuss and take appropriate action regarding litigation Juana M. Avila v. County of El Paso, Texas; County Attorney's file number LD NO ACTION 14

15 NO ACTION - CERTIFICATES OF PLAT COMPLIANCE AND ON-SITE SEWAGE FACILITY REGULATIONS FOR PROPERTIES LOCATED AT TURF ESTATES; COUNTY ATTORNEY'S FILE NUMBER PC AUGUST 26, 2013 MOTION # 25 (Item # 52) On this day, Commissioners Court took no formal action on the agenda item to discuss and take appropriate action regarding Certificates of Plat compliance and onsite sewage facility regulations for properties located at Turf Estates; County Attorney's file number PC. NO ACTION NO ACTION - PENDING LITIGATION STYLED YOLANDA CAMPOS V. EL PASO COUNTY, TEXAS; CAUSE NO. 3:13-CV-256; COUNTY ATTORNEY'S FILE NUMBER LD AUGUST 26, 2013 MOTION # 26 (Item # 53) On this day, Commissioners Court took no formal action on the agenda item to discuss and take appropriate action on litigation styled Yolanda Campos v. El Paso County, Texas; Cause No. 3:13-cv-256; County Attorney's file number LD. NO ACTION APPROVED - COUNTY ATTORNEY S OFFICE TO FILE LAWSUIT REGARDING LUIS BURCIAGA; COUNTY ATTORNEY'S FILE NUMBER PC AUGUST 26, 2013 MOTION # 27 (Item # 54) On this day, on motion of County Judge Escobar, seconded by Commissioner Perez, regarding the agenda item to discuss and take appropriate action regarding Luis Burciaga; County Attorney's file number PC , it is the order of the Court to authorize the County Attorney s Office to bring suit against Kyle Haggard to recoup lost benefits and medical expenses paid by the County to Luis Burciaga as a result of the accident caused by Mr. Haggard. Further, to seek those monies individually or through his insurance carrier. 15

16 MEETING ADJOURNED AUGUST 26, 2013 MOTION # 28 On this day, there being no further business to discuss, the meeting was adjourned at 2:50 p.m. _ ATTEST: DELIA BRIONES, COUNTY CLERK EL PASO COUNTY, TEXAS MEETING ADJOURNED - SINE DIE PATRICIA PIETZYK, DEPUTY CLERK (Based upon Ellen A. Smyth s notes) EXAMINED AND APPROVED BY ME THIS: DAY OF, COUNTY JUDGE VERONICA ESCOBAR, PRESIDING 16