MONDAY, SEPTEMBER 26, 2011 COMMISSIONERS COURT MET IN REGULAR MEETING AT 9:34 A.M. WITH THE FOLLOWING MEMBERS PRESENT HON. VERONICA ESCOBAR, PRESIDING COUNTY JUDGE ANNA PEREZ, COMMISSIONER, PCT. # 1 SERGIO LEWIS, COMMISSIONER, PCT. # 2 WILLIE GANDARA, COMMISSIONER, PCT. # 3 DANIEL R. HAGGERTY, COMMISSIONER, PCT. # 4 PATRICIA PIETZYK, DEPUTY CLERK _ MEETING CONVENED SEPTEMBER 26, 2011 MOTION # 1 On this day, Commissioners Court of El Paso County, Texas was called to order by the Deputy Clerk. _ PLEDGE OF ALLEGIANCE SEPTEMBER 26, 2011 MOTION # 2 On this day, Commissioners Court began with the Pledge of Allegiance. _ DELETED - PRESENTATION SEPTEMBER 26, 2011 MOTION # 3 (Item # 1) On this day, on motion of Commissioner Perez, seconded by County Judge Escobar, it is the order of the Court to delete the agenda item to receive a presentation to the County of El Paso from the El Paso Bar Association. PUBLIC COMMENT SEPTEMBER 26, 2011 MOTION # 4 (Item # 2) On this day, the following person appeared before Commissioners Court to offer public comment. Jack Bradford, concerned citizen, commented on taxes and the El Paso economy.
APPROVED - RESOLUTION HONORING U.S. ARMY CORPORAL EDUARDO PEDREGON SEPTEMBER 26, 2011 MOTION # 5 (Addendum # 5) On this day, on motion of Commissioner Gandara, seconded by County Judge Escobar, it is the order of the Court to adopt a resolution in memory, and honoring US Army Corporal Eduardo Pedregon in El Paso County, Texas. APPROVED - CONSENT AGENDA SEPTEMBER 26, 2011 MOTION # 6 On this day, on motion of Commissioner Haggerty, seconded by Commissioner Gandara, it is the order of the Court to approve the following Consent Agenda items, including corrections to Item # 17 and Addendum # 2. 3. Approval of the Minutes of the special meeting of September 13, 2011. Submitted by:, County Clerk's Office 4. 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 Auditors Office 5. Approve and authorize the County Judge to sign the attached letter to release securities pledged to the County by Inter National bank and held in the County's name at Frost National Bank. Submitted by: County Auditor Edward A. Dion, County Auditors Office 6. Approve the Certificates of Plat Compliance (under Texas Local Government Code Section 232.028(a), as provided on the attached listing. Submitted by: Interim Public Works Director Ernesto Carrizal III, P.E., County Road and Bridge 7. Approve and authorize the County Judge to sign the City/County Interlocal Purchasing Agreement (KK-11-442). Submitted by: County Judge Veronica Escobar, Commissioners Court 8. Approve and authorize the County Judge to sign an Employee Training Agreement with Nanette Olivas, Help Desk Supervisor, for a training class entitled HEAT (Helpdesk Expert Automation Tool) Admin II in Colorado Springs, CO from November 7-11, 2011. The County Attorney's Office has reviewed and approved agreement KK 11-437. Submitted by: Chief Technology Officer Peter Cooper, Information Technology Department 2
9. Approve and authorize the County Judge to sign an Employee Training Agreement with Art Nevarez, Senior Client/Server Programmer, for a training class entitled Windows Presentation Foundation (WPF) for.net 4.0 in Eagan, MN from November 14-19, 2011. The County Attorney's Office has reviewed and approved agreement KK 11-438. Submitted by: Chief Technology Officer Peter Cooper, Information Technology Department 10. Approve and authorize the transfer of equipment, as listed in the backup, from the County Purchasing Department to Information Technology Department's inventory. Submitted by: Chief Technology Officer Peter Cooper, Information Technology Department 11. Approve and authorize the County Judge to sign a Vendor Agreement with the Area Agency on Aging of the Rio Grande Council of Governments to provide congregate and home delivered meals for eligible persons and participant assessments and reassessment from October 1, 2011 to September 30, 2012. Submitted by: Director Rosemary V. Neill, Family and Community Services 12. Approve and authorize the County Judge to sign the El Paso City-County Nutrition Program Transportation Agreement with LULAC Project Amistad to transport senior citizens to rural centers beginning September 1, 2011 for an amount not to exceed $47,600. Submitted by: Director Rosemary V. Neill, Family and Community Services 13. Approve and authorize the County Judge to execute the Acquisition Report for the Colonia Self Help Center Program Contract No. 710013 under the Texas Department of Housing and Community Affairs. Submitted by: Director Rosemary V. Neill, Family and Community Services 15. Approve and authorize the County Purchasing Agent to solicit bids for the replacement of the air handler louvers at the County Courthouse, as approved by the Equipment Committee. Submitted by: Administrative Support Manager Monique Aguilar, FMD 16. Approve the committee's recommendation to approve waiving the hiring freeze for Request #2011-081 for an Office Specialist, Senior position for the Justice of the Peace, Precinct #6 contingent upon the position not being filled prior to meeting the original 6 week hiring freeze requirements. Submitted by: Director Betsy C. Keller, SPHR, Human Resources 3
17. Approve and authorize the request to accept BI Incorporated as the single source provider of the Juvenile Probation Department's Electronic Monitoring service agency and further, approve and authorize the County Judge to sign the Extended Warranty and Support Services Agreement with BI Incorporated from October 1, 2011 to September 30, 2012. Additional backup information provided. Submitted by: Chief Juvenile Probation Officer Roger Martinez, Juvenile Probation Department 18. Approve and authorize El Paso County on behalf of the El Paso County Juvenile Probation Department to submit a 30 day notice of termination for its security services agreement to Mike Garcia Merchant Security, LLC. The El Paso County Sheriff's Department will provide security services for the Juvenile Probation Department upon termination of the agreement. Submitted by: Chief Juvenile Probation Officer Roger Martinez, Juvenile Probation Department 19. Approve and adopt a Grant Resolution KK-11-454 designating the County Judge as authorized signatory for United States Department of Agriculture-Rural Utilities Services for the Schuman's and Mayfair first time Water projects in accordance with the USDA- RD condition letter section 6-B. Submitted by: Interim Public Works Director Ernesto Carrizal III, P.E., County Road and Bridge 20. Approve and authorize the County Judge to sign a letter for time extension of 18- months for the 3rd Round of Border Colonia Access Project. Submitted by: Interim Public Works Director Ernesto Carrizal III, P.E., County Road and Bridge 21. Approve and authorize the removal from inventory and transfer of unserviceable equipment, as listed in the backup, from the Road and Bridge to the County Purchasing Department. Submitted by: Interim Public Works Director Ernesto Carrizal III, P.E., County Road and Bridge 22. At this time we respectfully request cancellation of the bidding process regarding 03/07/11 Agenda item #26. The purchase has been placed on indefinite hold for consideration. Submitted by: Commander Gomecindo Lopez, Sheriff's Office - Special Operations 23. At this time we respectfully request authorization and approval of the purchase of digital security surveillance video cameras to be placed into the El Paso County Coliseum as part of a mass shelter enhancement project undertaken under Federal Grant UASI FY2010 Funding, for a total cost of $83,230.00 of the $118,421.00 total grant awarded. Submitted by: Commander Gomecindo Lopez, Sheriff's Office - Special Operations 4
24. Approve and authorize the County Judge to sign the El Paso Disposal Agreement and Addendum to the Agreement for the El Paso County Sheriff's Office -Annex Compactor from October 1, 2011 to September 30, 2012 (KK#11-439). Submitted by: Sheriff Richard D. Wiles, EPCSO-Grants/Contracts 25. Approve and authorize the County Judge to sign the El Paso Disposal Agreement and Addendum to the Agreement for the El Paso County Sheriff's Office trash pick-up at the Vinton Sub-Station from October 1, 2011 to September 30, 2012 (KK#11-441). Submitted by: Sheriff Richard D. Wiles, EPCSO-Grants/Contracts 26. Approve and authorize the County Judge to sign the El Paso Disposal Agreement and Addendum to the Agreement for the El Paso County Sheriff's Office - Annex for trash pick-up from October 1, 2011 to September 30, 2012 (KK#11-440). Submitted by: Sheriff Richard D. Wiles, EPCSO-Grants/Contracts 27. Approve and authorize the County Judge to sign the Texas Department of Transportation and Resolution for the El Paso County Sheriff's Office grant agreement for the Traffic Section from 10/1/2011 to 9/30/2012 (KK#11-446). Submitted by: Sheriff Richard D. Wiles, EPCSO-Grants/Contracts 1. Consent - Approve and authorize the County Judge to sign the Texas Department of Insurance, Division of Workers' Compensation Self- Insured Governmental Entity Proof of Coverage form to report proof of coverage information pursuant to the Texas Labor Code. Submitted by: County Judge Veronica Escobar, Commissioners Court 2. Consent: Approve and authorize to block off Texas 20, Cobb Street, and Oil Mill Road for the Tornillo High School Homecoming Parade on October 6, 2011. The parade is scheduled to begin at 5: 00 p.m. and all traffic control will be handled by DPS. Additional backup information provided. Submitted by: Commissioner Willie Gandara Jr., Precinct 3 5
APPROVED - PURCHASING AGENT TO SOLICIT BIDS FOR REPLACEMENT OF CARPET ON FIRST FLOOR, TENTH FLOOR, AND LOWER LEVEL OF COURTHOUSE SEPTEMBER 26, 2011 MOTION # 7 (Item # 14) On this day, on motion of Commissioner Haggerty, seconded by Commissioner Gandara, it is the order of the Court to approve the agenda item to approve and authorize the County Purchasing Agent to solicit bids for the Replacement of Carpet on the 1st Floor, 10th Floor (Alternate 1), and Lower Level (Alternate 2) of the County Courthouse, as approved by the Equipment Committee. APPROVED - OPERATING AND CAPITAL BUDGET FOR HOSPITAL DISTRICT FOR FISCAL YEAR 2012 SEPTEMBER 26, 2011 MOTION # 8 (Item # 28) On this day, on motion of Commissioner Gandara, seconded by Commissioner Perez, it is the order of the Court to approve the agenda item to approve the fiscal year 2012 Operating and Capital Budgets for the El Paso County Hospital District d/b/a University Medical Center of El Paso as approved by the Board of Managers on August 9, 2011 and submitted for the joint work sessions of the Commissioner's Court and the Hospital District Board of Managers on August 10 and August 18, 2011. 6
APPROVED ADOPT COUNTY HOSPITAL DISTRICT TAX RATE OF $0.192363 PER $100 ASSESSED VALUATION FOR 2011 TAX YEAR SEPTEMBER 26, 2011 MOTION # 9 (Item # 29) On this day, on motion of Commissioner Perez, seconded by County Judge Escobar, it is the order of the Court to adopt a property tax rate for the El Paso County Hospital District d/b/a University Medical Center of El Paso of $0.192363 per $100 assessed valuation for the 2011 tax year; a rate of $0.161435 per $100 assessed valuation is for the purpose of maintenance and operations, and a rate of $0.030928 per $100 assessed valuation is for the purpose payment of principal and interest on the debt of the District. This tax rate will raise more taxes for maintenance and operations than last year s tax rate. The tax rate will effectively be raised by 7.9 percent and will raise taxes for maintenance and operations on a $100,000 home by approximately $11.17. Further, the County Tax Assessor Collector is authorized to assess and collect these taxes for the El Paso County Hospital District on October 1, 2011. VOTE: YES Judge Escobar, Perez, Lewis, Gandara, Haggerty NO None 7
APPROVED - SALARY INCREASE FOR DELIA BRIONES, COUNTY CLERK, AS RECOMMENDED BY SALARY GRIEVANCE COMMITTEE SEPTEMBER 26, 2011 MOTION # 10 (Item # 30) On this day, on motion of Commissioner Lewis, seconded by Commissioner Gandara, it is the order of the Court to approve a salary increase to $86,859 for Delia Briones, County Clerk, as recommended by a majority of the 2011 Salary Grievance Committee, and to incorporate the increase into the budget. APPROVED - DESIGNATE EVERY MONDAY OF EACH MONTH FOR REGULAR MEETINGS OF COMMISSIONERS COURT DURING F.Y. 2011-2012 SEPTEMBER 26, 2011 MOTION # 11 (Item # 31) On this day, on motion of Commissioner Gandara, seconded by County Judge Escobar, regarding the agenda item to discuss and take appropriate action per Local Government Code 81.005, Terms of Court, Meetings (a), "At the last regular term of each fiscal year of the county, the Commissioners Court, by order, shall designate a day of the week on which the court shall convene in a regular term each month during the next fiscal year", it is the order of the Court to designate every Monday of each month at 9:30 a.m., except for those that fall on holidays, as the day on which Commissioners Court will convene their regular meetings during Fiscal Year 2011-2012, to begin on October 3, 2011. APPROVED - PURCHASING BOARD POLICIES SEPTEMBER 26, 2011 MOTION # 12 (Item # 32) On this day, on motion of Commissioner Lewis, seconded by Commissioner Gandara, it is the order of the Court to approve the agenda item to discuss and take appropriate action to approve the purchasing policies drafted and approved by the Purchasing Board. VOTE: YES Judge Escobar, Lewis, Gandara, Haggerty NO None NOT PRESENT - Perez 8
APPROVED - AS CORRECTED, SECOND CHANCE ACT FAMILY-BASED OFFENDER SUSTANCE ABUSE TREATMENT PROGRAM GRANT FROM DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE FOR BORDER CHILDREN S MENTAL HEALTH COLLABORATIVE SEPTEMBER 26, 2011 MOTION # 13 (Item # 35) On this day, on motion of Commissioner Perez, seconded by Commissioner Haggerty, regarding the agenda item to approve and authorize the County Judge to sign the Second Chance Act Family-Based Offender Substance Abuse Treatment Program grant award funded by the US Department of Justice, Bureau of Justice Assistance. The grant award amount is $443,188 for a period of twenty-four months, it is the order of the Court to accept and to authorize the County Judge to sign the grant award as indicated. APPROVED - ACCEPTANCE OF ROQUE O. SEGURA MEMORIAL USARC FACILITY UPON BEING TURNED OVER TO COUNTY; APPROVED - PUBLIC WORKS TO ASSESS BUILDING SEPTEMBER 26, 2011 MOTION # 14 (Item # 36) On this day, on motion of Commissioner Lewis, seconded by Commissioner Gandara, regarding the agenda item to discuss and take appropriate action on management and use of the Roque O. Segura Memorial USARC Facility, it is the order of the Court to accept the facility once it is turned over to the County and to have Public Works assess the facility. BID AWARDED - DESKTOPS, LAPTOPS, PRINTERS, AND NETWORK SWITCHES FOR COUNTY OF EL PASO SEPTEMBER 26, 2011 MOTION # 15 (Item # 37) On this day, on motion of Commissioner Haggerty, seconded by Commissioner Gandara, it is the order of the Court to award RFP No.11-034, Desktops, Laptops, Printers, and Network Switches for the County of El Paso, as follows: HP Pro6200p Desktop HP CTO Probook 6560B Notebook HP P2055dn Printer (CE459A) HP P4014n Printer Cisco 2960S Network Decision Tree, Inc. Decision Tree, Inc. Solutions4Sure Netsync Network Solutions GovConnection 9
APPROVED - AS CORRECTED, UPDATED VOTER PRECINCT LINES AS DEPICTED IN MAP 7 AND RENUMBERED VOTER PRECINCTS AND NEW POLLING PLACES AS DEPICTED, CURRENT AND NEW POLLING PLACES FOR REDISTRICTING 2012, PCT. S #1-183, TO BE EFFECTIVE JANUARY 1, 2012; APPROVED - ORDER REDRAWING EL PASO COUNTY ELECTION PRECINCT BOUNDARIES BASED ON 2010 CENSUS SEPTEMBER 26, 2011 MOTION # 16 (Item # 33) On this day, on motion of Commissioner Haggerty, seconded by Commissioner Gandara, it is the order of the Court to approve the agenda item, as corrected, to approve the updated voter precinct lines as depicted in Map 7 and the renumbered voter precincts and new polling places as depicted Current and New Polling Places for Redistricting 2012, Pct. s #1-183, to be effective January 1, 2012 and to authorize the County Judge and County Commissioners to sign the Order Redrawing El Paso County Election Precinct Boundaries Based on 2010 Census. Additional backup information provided. APPROVED - PUBLICATION OF PUBLIC NOTICE REGARDING REDRAWING OF VOTER PRECINCT BOUNDARIES; APPROVED - PAYMENT; APPROVED - COUNTY CLERK S OFFICE TO SEND COPY OF ORDER TO TEXAS SECRETARY OF STATE SEPTEMBER 26, 2011 MOTION # 17 (Item # 34) On this day, on motion of Commissioner Haggerty, seconded by Commissioner Gandara, it is the order of the Court to approve the agenda item to approve and authorize the publication of a Public Notice regarding the redrawing of voter precinct boundaries once a week for three consecutive weeks, as required by statute, and authorize the County Auditor to pay for the publication out of the money set aside for redistricting in GADMINGF, and to instruct the County Clerk to send a copy of this order to the Texas Secretary of State. 10
APPROVED - JUROR PAY FOR FISCAL YEAR 2012 SEPTEMBER 26, 2011 MOTION # 18 (Addendum # 3) On this day, on motion of County Judge Escobar, seconded by Commissioner Gandara, it is the order of the Court to approve the agenda item to pursuant to Government Code, Section 61.001 (b), set the juror pay at $6 for the first day or fraction of the first day served as a juror and $40 for each day or fraction of each day served after the first day for the firscal year 2012. POSTPONED - REQUEST FOR INCREASE IN CHANGE FUND FOR TAX ASSESSOR COLLECTOR S OFFICE SEPTEMBER 26, 2011 MOTION # 19 (Addendum # 4) On this day, on motion of County Judge Escobar, seconded by Commissioner Gandara, it is the order of the Court to postpone for one week the agenda item to approve and authorize an increase of monies for the change fund to be distributed among the four (4) Tax Offices. Currently the Tax Office has $10,900.00 for the change fund and are asking the Auditor's to increase that amount by $3,500.00, bringing the total to $14,400.00.Having these additional monies will enable us to operate more efficiently, save time and focus on other important matters. APPROVED - RESCIND ORDER AUTHORIZING PURCHASING AGENT TO SOLICIT LOCAL AND STATE BIDS FOR PURCHASE OF SEVEN AUTOMOBILES FOR ADULT PROBATION DEPARTMENT SEPTEMBER 26, 2011 MOTION # 20 (Addendum # 6) On this day, on motion of Commissioner Perez, seconded by Commissioner Gandara, regarding the agenda item to rescind the Court Order of August 8th, 2011 motion #8, Item 14 on the Consent Agenda to approve the County Purchasing Agents to solicit local and state bids for the purchase of seven (7) automobiles for Adult Probation Department, it is the order of the Court to rescind the Court Order of August 8, 2011, Motion No. 8, Item No. 14, to approve the agenda item to approve the County Purchasing Agents to solicit local and state bids for the purchase of seven (7) automobile for Adult Probation Department, as per attached specifications. 11
APPROVED - PURCHASING AGENT TO SOLICIT BIDS FOR EIGHT ECONOMICAL VEHICLES FOR ADULT PROBATION DEPARTMENT, SUBJECT TO FUNDING IN FISCAL YEAR 2012 SEPTEMBER 26, 2011 MOTION # 21 (Addendum # 7) On this day, on motion of Commissioner Haggerty, seconded by Commissioner Gandara, it is the order of the Court to approve the agenda item to approve and Authorize the Purchasing Agent to go out for bid on eight (8) economical vehicles for the WTCSCD, subject to funding in Fiscal Year 2012. EXECUTIVE SESSION SEPTEMBER 26, 2011 MOTION # 22 (Item # 38) 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. 38a) Discuss the pending claim regarding Juan Carlos Salazar; Claim No. LC-11-063(IN), pursuant to Texas Government Code Section 551.071. Submitted by: Assistant County Attorney Ralph E. Girvin, County Attorneys Office 38b) Discuss the pending litigation of Bonnie Allen vs. El Paso County, cause number 2010-1571, county attorney file number LD-10-054, pursuant to Texas Government Code Section 551.071. Submitted by: Assistant County Attorney Ian Kaplan, County Attorneys Office 38c) Discuss the pending litigation regarding Hotel Don Quixote, LTD vs. El Paso Central Appraisal District and El Paso Appraisal Review Board cause number 2009TX944; county attorney number LD-11-100; pursuant to Texas Government Code Section 551.071. Submitted by: Assistant County Attorney Ian Kaplan, County Attorneys Office 38d) Discuss the pending litigation entitled Leigh Messerer et al. vs. Alicia Vizcaino, et al.; Cause No. 2011-1712; County Attorney number LD-11-061; pursuant to Texas Government Code Section 551.071. Submitted by: Assistant County Attorney Omar Villa, County Attorneys Office The Court recessed at 12:26 p.m. 12
MEETING RECONVENED SEPTEMBER 26, 2011 MOTION # 23 On this day, Commissioners Court reconvened into regular open session following executive session at 1:04 p.m. APPROVED - PAYMENT REGARDING PENDING CLAIM OF JUAN CARLOS SALAZAR; CLAIM NO. LC-11-063(IN) SEPTEMBER 26, 2011 MOTION # 24 (Item # 39) On this day, on motion of County Judge Escobar, seconded by Commissioner Gandara, regarding the agenda item to discuss and take appropriate action on the pending claim of Juan Carlos Salazar; Claim No. LC-11-063(IN), it is the order of the Court to approve and authorize payment in the amount of $3,558.02. MEETING ADJOURNED SEPTEMBER 26, 2011 MOTION # 25 On this day, there being no further business to discuss, the meeting was adjourned at 1:05 p.m. _ 13
MEETING ADJOURNED - SINE DIE ATTEST: DELIA BRIONES, COUNTY CLERK EL PASO COUNTY, TEXAS PATRICIA PIETZYK, DEPUTY CLERK EXAMINED AND APPROVED BY ME THIS: DAY OF, 2011. COUNTY JUDGE VERONICA ESCOBAR, PRESIDING 14