EL PASO COUNTY
COMMISSIONERS COURT

CARLOS LEON
Commissioner, Pct.1

VINCENT PEREZ
Commissioner, Pct.3

DAVID STOUT
Commissioner, Pct.2

ANDREW R. HAGGERTY
Commissioner, Pct.4

RUBEN JOHN VOGT
County Judge

Commissioners Court Chambers, El Paso County Courthouse 
500 East San Antonio Room 303 El Paso, Texas 79901
Website address: http://www.epcounty.com
View live video webcast: http://epcounty.com/video

Please place all electronic devices on silent mode to reduce disruption of the meeting.


AGENDA
Regular Meeting, August 27, 2018  - 9:30 AM


Strategic Plan Priority

1.OPEN MEETING
2.PLEDGE OF ALLEGIANCE
3.CONSENT AGENDA

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 moved 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 Regular Agenda may be discussed in Executive Session at the discretion 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.

A.Approve the amended County Managerial Operations Policy.
Betsy C. Keller, CM, Chief Administrator, County Administration Department (915) 546-2215
B.Approve and authorize the County Judge to sign the Permanent Easement Agreement with MAB Real Estate L.P., and authorize the County Auditor to issue a check in the amount of $5,550 plus any cost of suit due and payable by the County, and further authorize the County Attorney's Office to settle the Condemnation Suit for $16,000, which amount includes net funds in the Registry of the Court.  Funds are available in the GADM-XFER OUT-GRANT MATCH from the USDA loan for the Desert Acceptance Sewer Project.  (Contract No. 2016-0259)
Cygne Nemir, Assistant County Attorney, County Attorney's Office (915) 546-2081
C.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.
Edward A. Dion, County Auditor, County Auditor's Office (915) 546-2040
D.In compliance with the El Paso County Code of Ethics, pursuant to Article XIII, acknowledge the campaign contributions of $2,500 or more for County Commissioner David Stout from the following: SEIU C.O.P.E.
David Stout, Commissioner, Pct. 2 (915) 546-2111
E.Approve and authorize the renewal of the current County of El Paso Burn Ban Order for an additional 90 days once the current ban expires on September 9, 2018.
Ruben J. Vogt, County Judge, Commissioners Court (915) 546-2098
F.Approve and authorize the County Judge to sign the Interlocal Agreement Between El Paso Independent School District and the County of El Paso for Forced Evacuation Plan. In the event of a forced evacuation of the El Paso County Courthouse or Raymond Telles Academy, each entities' employees/students may gather on the other's property to await resolution.  (Contract No. 2017-0857)
Ruben Vogt, County Judge, Commissioners Court (915) 546-2098
G.Approve and authorize the County Judge to sign the service agreement between the County of El Paso and AT&T Corp.  Funding is available in GF-ITD-COMMINIC-DATA.  (Contract  No. 2018-0324)
Christopher Stathis, Chief Technology Officer, Information Technology Department (915) 546-2041
H.Approve and authorize the County Judge to sign the software agreement between the County of El Paso and Intergraph Corporation, dba Hexagon Safety & Infrastructure. Funding is available in GF-ITD-MAINT/REP-SOFTWARE.  (Contract No. 2018-0439)
Christopher Stathis, Chief Technology Officer, Information Technology Department (915) 546-2041
I.Approve and authorize the County Judge to sign the consulting services agreement between the County of El Paso and  Robert Regalado.  Funding is available in GF-ITD-CONTR SVC-GEN. (Contract No. 2018-0478)
Christopher Stathis, Chief Technology Officer, Information Technology Department (915) 546-2041
J.Approve and authorize the software agreement between the County of El Paso and SHI Government Solutions. Funding is available in GF-ITD-MAINT/REP-SOFTWARE. (Contract No. 2018-0503)
Christopher Stathis, Chief Technology Officer, Information Technology Department (915) 546-2041
K.Approve and authorize the County Judge to sign the Memorandum of Understanding (MOU) for Technical Assistance Services between the County of El Paso and the Texas A&M Agrilife Extension Service.  This item has no fiscal impact.  (Contract No. 2018-0514)
Christopher Stathis, Chief Technology Officer, Information Technology Department (915) 546-2041
L.Approve and authorize the County Judge to sign the service agreement between the County of El Paso and Sigma Solutions (Sigma). Funding is available in GF-ITD-CONTR SVC-GEN.  (Contract No. 2018-0515)
Christopher Stathis, Chief Technology Officer, Information Technology Department (915) 546-2041
M.Approve and authorize the County Judge to sign the First Exercise of Option to Renew Agreement with Southwest Polygraph for polygraph examination services for the El Paso County Juvenile Probation Department.  This will extend the term of services through November 30, 2019.  Funding is available in account SR-JPDSUP-PROF SVC-GEN.  (Contract No. 2018-0575)
Roger Martinez, Chief Juvenile Probation Officer, Juvenile Justice Center (915) 849-2500
N.Approve and authorize the County Judge to sign the First Exercise of Option to Renew Agreement with International Polygraph and Security Consulting, LLC, for polygraph examination services for the El Paso County Juvenile Probation Department.  This will extend the term of services through November 30, 2019.  Funding is available in account SR-JPDSUP-PROF SVC-GEN.  (Contract No. 2018-0576)
Roger Martinez, Chief Juvenile Probation Officer, Juvenile Justice Center (915) 849-2500
O.Approve and authorize the County Judge to sign the LexisNexis Advance Subscription Amendment for State/Local Government - with Library Patron Access for FY19 – FY21, for online content access to maintain the integrity of the Hon. Robert J. Galvan County Law Library collection in an amount not to exceed $13,884 per year. Funding is available in SR-LAWLIB-BOOKS&SUBSCRIPT.  (Contract No. 2018-0476)
Brian Stanley, Executive Director, Domestic Relations Office (915) 834-8292
P.Approve the Certificates of Plat Compliance (under Texas Local Government Code Section 232.028(a), as provided on the attached listing.
Norma R. Palacios, Director, Public Works Department (915) 546-2015
Q.Approve and authorize the County Judge to sign the resolution requesting technical and financial assistance from the North American Development Bank (NADBANK) for a first time water distribution system in the Hillcrest Center and Hillcrest Estates subdivision located in the Precinct 3 area.  Further, authorize the County Judge to act as the County Executive Officer on all matters pertaining to the County’s participation in the program funding. No County funds are required. (Contract No. 2018-0513)
Norma R. Palacios, Director, Public Works Department (915) 546-2015
R.Approve and authorize the County Judge to sign the Texas Department of Transportation Airport Project Participation Agreement (State Assisted Airport Development) Amendment No. 1 to the Agreement with the Texas Department of Transportation for the Fabens Airport Business and Development Plan, which increases the County's financial obligation to $10,402.  Funds are available in CP-FABAIRPORT-CAP OUT-RENOV.  (Contract No. 2018-0540)
Norma R. Palacios, Director, Public Works Department (915) 546-2015
S.Approve and authorize the transfer and removal of surplus assets from the respective departments to the Purchasing Department in compliance with Texas Local Government Code Section 262.011(j).  See attachment.
Debra Carrejo, CPPO, CPPB, Purchasing Agent, El Paso County Purchasing Department (915) 546-2048
T.Accept the Quarterly Report from the Chief Administrator's Office.
Betsy C. Keller, CM, Chief Administrator, County Administration Department (915) 546-2215
4.RESOLUTIONS
A.Approve and adopt a resolution recognizing Ron Stallworth, in El Paso County, Texas.
David Stout, Commissioner, Pct. 2 (915) 546-2111
5.PUBLIC COMMENT
6.PRESENTATION
A.Receive a presentation from the Borderplex Alliance regarding the performance of Phase I of the Borderplex Alliance Air Service Initiative (BAASI).
Jose Quinonez, Director, Economic Development Department (915) 546-2177
REGULAR AGENDA
7.Discuss and take appropriate action to adopt the 2018 Tax Rate for the El Paso County Hospital District. 
R. Jacob Cintron, President & CEO, Hospital District/University Medical Center (915) 521-7600
8.Discuss and take appropriate action to approve the Operating and Capital Budget for FY2019 for the El Paso County Hospital District.
R. Jacob Cintron, President & CEO, Hospital District/University Medical Center (915) 521-7600
COMMISSIONERS COURT
9.Discuss and take appropriate action on adopting the County of El Paso's legislative agenda for the 86th Session of the Texas State Legislature.
Ruben J. Vogt, County Judge, Commissioners Court (915) 546-2098
AUDITOR
10.Approve and authorize the funding from GF-GADM for September 2018 and October 2018 for Criminal Justice Grants ending August 31, 2018. This allocation is for grants that are pending award from the State of Texas. If the 2019 grants are not awarded, the amount the County will have to use to cover personnel expenditures is approximately $135,392.89. This will only be transferred upon notification on non-award.
Edward A. Dion, County Auditor, County Auditor's Office (915) 546-2040
JUDICIARY AND CORRECTIONS
11.Approve and authorize the County Judge to accept the grant award from the Substance Abuse and Mental Health Services Administration (SAMHSA) awarded to the DWI Drug Court Program. The grant is in the amount of $387,716 per year for a period of five years for a total grant award in the amount of $1,938,580. No County match is required.  (Contract No. 2018-0520)
Judge Robert Anchondo, County Criminal Court at Law No. 2 (915) 834-8232
12.Discuss and take appropriate action to authorize the County charging a $250 vendor booth rental fee at the upcoming Judicial Best Practices Conference, and further authorize the acceptance of donations for  the Judicial Best Practices Conference on October 25 and 26, 2018, pursuant to Texas Local Government Code Section 81.032.  
Andrew R. Haggerty, Commissioner, Pct. 4 (915) 546-2044
LITIGATION, JUSTICE, AND LAW ENFORCEMENT
13.Approve and authorize the use of funds from the District Attorney's discretionary and food stamp fraud accounts to continue to pay salaries funded by the VAWA grant #1343721 (Contract No. 2018-0108) and the Border Prosecution Unit grant #2283709 (Contract No. 2018-0193) for the grant period beginning September 1, 2018, and the VOCA grant #1362519 (Contract No. 2018-0109) for the grant period beginning October 1, 2018, until the funds for the grants are awarded.  Funds are available in SPECIALDA and DAFOODSTFRA if necessary, and would be reimbursed to those accounts out of grant funds received. 
Jaime Esparza, District Attorney, District Attorney's Office (915) 546-2059
14.Approve and authorize the County Judge to sign Amendment Two to the Contract for Access and Visitation Grant Between the Office of the Attorney General of the State of Texas and El Paso County from September 1, 2018 through August 31, 2019 in the amount of $63,408 with a County match in the amount of $7,045 for a total project in the amount of $70,453.  (Contract No. 2018-0502)
Brian Stanley, Executive Director, Domestic Relations Office (915) 834-8292
15.Approve and authorize the County Judge to sign the LexisNexis Matthew Bender Annual Service Renewal Contract for print subscriptions for FY19 to maintain the content of the Hon. Robert J. Galvan County Law Library collection in an amount not to exceed $57,001.05.  Funding is available in SR-LAWLIB-BOOKS&SUBSCRIPT.  (Contract No. 2018-0458)
Brian Stanley, Executive Director, Domestic Relations Office (915) 834-8292
PUBLIC WORKS
16.Approve and authorize the County Judge to sign the Delegation of Signature Authority Approval from the Texas Department of Transportation (TxDOT) Public Transportation Division, for the purpose of TxDOT Grant paperwork submissions. (Contract No. 2018-0539) 
Norma R. Palacios, Director, Public Works Department (915) 546-2015
17.Approve and authorize the County Judge to sign the Fiscal Year 2019 Project Grant Agreement (PGA) for the Federal Intercity Bus (ICB) Project with TxDOT in the amount of $993,576.  The purpose of the grant is to continue the provision of Intercity Bus Service serving El Paso and Anthony, Texas and Las Cruces, New Mexico for two additional years.  (Contract No. 2018-0554)
Norma R. Palacios, Director, Public Works Department (915) 546-2015
GRANT APPLICATIONS

Approve the submission of County grant applications as listed and described. If awarded, all grant award agreements will be brought back to the Commissioners Court for final acceptance and approval.

18.Approve and authorize the Criminal Justice and Community Support Department to apply for the Texas Indigent Defense Commission Technical Support grant. The purpose of the grant is to evaluate the operations and impact on outcomes of the Public Defender's Office. The amount of the grant is $$70,000 with a match of $90,000.
Joel Bishop, Executive Director, Criminal Justice and Community Support (915) 546-2204
BUDGET AND FINANCE
19.(Postponed 8/20/18) Pursuant to Health and Safety Code Section 775.305, discuss and take appropriate action to approve or deny the recommended budget and tax rates for Emergency Services District No.1 and Emergency Services District No. 2.
Wallace Hardgrove, Executive Director, Budget and Fiscal Policy Department (915) 546-2262
20.Approve and authorize revisions to the County of El Paso's Financial Policies for FY2019.
Wallace Hardgrove, Executive Director, Budget and Fiscal Policy Department (915) 546-2262
21.Approve and authorize the allocation of funding from CIP2018 project funds in the amount of $69,000 for the purchase of two air units at the MDR facility.  Funding is available in account. COCP-3001 CP-IMPROV01-EQUIP.  Funding for other capital projects allocations were not fully expended and are available for re-allocation.This would bring total project funding to $244,000.
Wallace Hardgrove, Executive Director, Budget and Fiscal Policy Department (915) 546-2262
22.Approve and authorize the Fiscal Year 2019 Capital Improvement Plan allocations.  Upon adoption of the budget, funding is available from COCP-3001.
Wallace Hardgrove, Executive Director, Budget and Fiscal Policy Department (915) 546-2262
23.Pursuant to the Property Tax Code, §26.05(a), adopt a tax rate for the County of El Paso.
Wallace Hardgrove, Executive Director, Budget and Fiscal Policy Department (915) 546-2262
24.Pursuant to the Texas Local Government Code § 111.067, copy attached, conduct a Public Hearing on the proposed El Paso County budget for the fiscal year beginning October 1, 2018 and ending September 30, 2019.
Wallace Hardgrove, Executive Director, Budget and Fiscal Policy Department (915) 546-2262
25.Pursuant to Texas Local Government Code, § 111.068, copy attached, approve and adopt the attached County of El Paso annual operating budget for the fiscal year beginning October 1, 2018 and ending September 30, 2019.
Wallace Hardgrove, Executive Director, Budget and Fiscal Policy Department (915) 546-2262
26.Approve amendment No. 46 to the County of El Paso’s 2017-2018 operating budget.  This budgetary amendment will increase Grants by $2,863,645.06 thus increasing the County of El Paso’s 2017-2018 overall operating budget of $496,422,112.83 to $499,285,757.89.
Wallace Hardgrove, Executive Director, Budget and Fiscal Policy Department (915) 546-2262
27.EXECUTIVE SESSION

Only the members of the Commissioners Court have a right to attend an executive session, except that legal counsel must be present if the executive session is held pursuant to Government Code section 551.071. In addition to legal counsel, Commissioners Court may include in executive session certain officers and employees if it finds that (1) their participation is necessary to the matter under consideration; (2) their interests are not adverse to the county, and (3) their presence will not waive the attorney client privilege. Generally, the Chief Administrator, Budget Executive Director, County Clerk's representatives, and County Auditor's Office representatives attend the closed session items based on the enumerated criteria, and certain other persons may attend based on the above-listed criteria or as otherwise provided by law.

A.Discuss findings regarding persons necessary in Executive Session.
County Attorney's Office (915) 546-2050
B.Discuss potential claim regarding Marilyn S. Brown, County Attorney No. 0158-18-PC, pursuant to Texas Government Code Section 551.071.
Jed Untereker, Assistant County Attorney, County Attorney's Office (915) 546-2050
C.Discuss subrogation claim regarding Martin G. Quiroz, County Attorney's file number 0168-18-PC, pursuant to Texas Government Code Section 551.071.
Donnie McGilbra, Assistant County Attorney, County Attorney's Office (915) 546-2050
D.Pursuant to Texas Government Code § 551.074, discuss the Chief Administrator’s duties and responsibilities regarding the onboarding for incoming elected officials.
Betsy C. Keller, CM, Chief Administrator, County Administration (915) 546-2215
E.Discuss and review the recruitment and hiring process for the Planning and Development Director vacancy, pursuant to Texas Government Code Section 551.074.
Betsy C. Keller, CM, Chief Administrator, County Administration (915) 546-2215
F.Pursuant to Texas Government Code Section 551.074, conduct the annual evaluation, and discuss the employment agreement for the Chief Administrator, Betsy C. Keller.  (Contract No. 2016-0363)
Ruben J. Vogt, County Judge, Commissioners Court
REGULAR SESSION
28.Discuss potential claim and take appropriate action regarding the claim of Marilyn S. Brown, County Attorney No. 0158-18-PC. 
Jed Untereker, Assistant County Attorney, County Attorney's Office (915) 546-2050
29.Discuss and take appropriate action on subrogation claim regarding Martin G. Quiroz; County Attorney file number 0168-18-PC.
Donnie McGilbra, Assistant County Attorney, County Attorney's Office (915) 546-2050
30.Discuss and take appropriate action regarding the annual evaluation for the Chief Administrator, Betsy C. Keller, and amend her employment agreement as necessary. (Contract No. 2016-0363)
Ruben J. Vogt, County Judge, Commissioners Court (915) 546-2098