Orders of Commissioners Court Bexar County, Texas



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Orders of Commissioners Court Bexar County, Texas TUESDAY, MAY 8, 2012 Court met at 10:05 a.m. A Regular Meeting was held by the Honorable Commissioners Court, in and for said State and County, met at the Courthouse, of thereof, in Bexar County on May 8, 2012. Present at roll call: Nelson W. Wolff, County Judge; Sergio "Chico" Rodriguez, County Commissioner Precinct No. 1; Kevin A. Wolff, County Commissioner Precinct No. 3; Tommy Adkisson, County Commissioner Precinct No. 4; David Smith, County Manager; Susan Yeatts, County Auditor (Rep. by Juan Arteaga); Gerard Rickhoff, County Clerk (Rep. by Leonor Salazar); Susan Reed, District Attorney (Rep. by Ed Schweninger); David Marquez, Executive Director of Economic Development; Daniel Garza, Purchasing Agent. When the following proceedings were had to-wit: Kathy Bailey, Secretary, San Antonio Conservation Society gave the invocation at today's meeting. County Commissioner Tommy Adkisson led the Pledge of Allegiance. A letter of condolence is to be sent to the family of Martin J. Rodriguez expressing to them the sympathy of the court on the loss of their loved one. He joined the U.S. Army Air Corps in 1939 prior to the beginning of World War II. He was stationed at Mather Air Force Base near Sacramento, California. He received an Honorable Discharged, returned home and married his high school sweetheart and went to work at Southern Equipment Wholesale Company. He was Chairman of the San Antonio Housing Authority, President of the Mexican Chamber of Commerce, Knights of Columbus council 11298, Good Neighbor Commission, and Sembradores de Amistad. He is survived by his sons, Gene Rodriguez and Michael Rodriguez; daughter, Marilyn Rodriguez-Courchesne; grandchildren and great-grandchildren. A letter of condolence is to be sent to the family of Mildred Beatrice McNeal Reed expressing to them the sympathy of the court on the loss of their loved one. She attended St. Peter Claver Academy in San Antonio, graduating at the age of 15. She received her Bachelor s degree at Xavier University in New Orleans, La., and her Master s degree from Texas Southern University in Houston, Texas. Her teaching career included tenures at Xavier University, St. Phillips College, Healy-Murphy Center and Rhodes Middle School. She became a member of the Beta Phi chapter of Alpha Kappa Alpha Sorority in 1949. She is survived by her sons, William Reed V, Charles Emmanuel Reed, daughter Elizabeth Beatrice Voss, and her granddaughter and best friend, George Ann Beatrice Voss. A letter of condolence is to be sent to the family of Beatrice Bea Kinard expressing to them the sympathy of the court on the loss of their loved one. She is survived by her husband of 60 year, James W. Kinard; daughters, Belinda Rankin, Dina Cothran, and Jane Kinard; son, Charles Kinard; 8 grandchildren and 14 great-grandchildren.

A letter of condolence is to be sent to the family of Jerome L. Hitzfelder expressing to them the sympathy of the court on the loss of their loved one. He graduated from Texas A & I University in Kingsville and entered the Army as a 2 nd Lieutenant. He served for 15 years and 6 months and has two tours in Vietnam receiving the following: Meritorious Service Medal, Bronze Star Medal with Oak leaf Cluster, Army commendation Medal, National Defense Service Medal, Meritorious Unit Citation with 1 Oak Leaf Cluster, Vietnam Campaign Medal, and two Vietnamese Cross of Gallantry with Palm awards. His last overseas service was in Germany. He was President of the Hot Wells Home Owners Association, Current Adjunct of the La Coste VFW Post 8134, a member of St. Margaret Mary s Catholic Church Men s Club, and Catholic Life Insurance La Coste Branch. He was a volunteer with the Habitat for Humanity, Meals on Wheels, and a Wildlife Refuge. He is survived by his sister and brother-in-law, Hermina Mitzie and Kenneth Kossaeth of D Hanis; brother, Marvin and Shirley Echtle of La Coste; brother-in-law, Ronald Stinson of San Antonio; and nieces and nephews and other family members. Commissioners Court will adjourn today s meeting in honor and memory of: Martin J. Rodriguez Mildred Beatrice McNeal Reed Beatrice Bea Kinard Jerome L. Hitzfelder Item 3 (a-e) Commissioners Court The Court presented a service pin recognizing Michael E. Martinez, Community Resources employee for 25 years of service to Bexar County. (Record) Commissioner Paul Elizondo joined the meeting at this time. The Court presented a Proclamation to Harlandale High School, Peterson Middle School, Randolph High School, Rogers Elementary School and Watt Elementary School for winning this year s Team Up Challenge sponsored by Silver & Black Give Back. (Record) The Court presented a Proclamation recognizing the National Community Action Month being promoted in the month of May 2012. (Record) The Court presented a Proclamation to the San Antonio Conservation Society recognizing and proclaiming May 2012 as National Historic Preservation Month. (Record) The Court presented a Proclamation recognizing and proclaiming May 12, 2012 as Letter Carriers Food Drive Day to Stamp Out Hunger in Bexar County. Item 44 a&b Economic Development The Court hereby ordered and approved a motion directing staff to negotiate an economic development grant agreement with NBTY, Inc.; and approving a waiver of the $1,000 Incentive Application Fee. (Record) A motion was presented by County Commissioner Tommy Adkisson, duly seconded by County 2

Commissioner Paul Elizondo, which motion was voted on as follows: Commissioners Rodriguez, Elizondo, Wolff, Adkisson, and Judge Wolff voting Aye. Item 4b Economic Development Presentation given by David Marquez and Jennifer Martinez regarding the Bexar County Economic Development Department s regional update of the Texas-Mexico Automotive SuperCluster (TMASC) strategy. (Record) No action was taken. Item 4a Facilities and Parks Department Discussion was held regarding the Construction Progress Update on Mission County Redevelopment Project. (Record) No action was taken. A motion was presented by County Commissioner Paul Elizondo, duly seconded by County Commissioner Sergio Chico Rodriguez, to suspend the regular order of business and hear agenda item 43 at this time. Motion was voted on as follows: Commissioners Rodriguez, Elizondo, Wolff, Adkisson, and Judge Wolff voting Aye. Motion carried. Item 43 Management and Finance Department The Court hereby ordered and approved a motion authorizing the execution of a collective bargaining agreement between Bexar County, the Sheriff of Bexar County and the Deputy Sheriff s Association of Bexar County, with a term of May 8, 2012 through September 30, 2015, that addresses wages, hours and conditions of employment for uniformed officers of the Bexar County Sheriff s Office. (Record-agreement to be filed later) A motion was presented by County Commissioner Paul Elizondo, duly seconded by County Commissioner Sergio Chico Rodriguez, which motion was voted on as follows: Commissioners Rodriguez, Elizondo, Wolff, Adkisson, and Judge Wolff voting Aye. The Court hereby ordered and approved a motion authorizing execution of a Memorandum of Understanding between Bexar County, the Sheriff of Bexar County and the Deputy Sheriff s Association of Bexar County that addresses pending litigation and grievances. (Record-MOU to be filed later) A motion was presented by County Commissioner Tommy Adkisson, duly seconded by County Commissioner Sergio Chico Rodriguez, which motion was voted on as follows: Commissioners Rodriguez, Elizondo, Wolff, Adkisson, and Judge Wolff voting Aye. 3

The Court hereby ordered and approved a motion approving an Order authorizing the payroll deduction of premiums for the CLEAT Dental/Optical Plan as permitted by law from each individual Member who has voluntary authorized such payroll deduction. (Record) A motion was presented by County Commissioner Sergio Chico Rodriguez, duly seconded by County Commissioner Paul Elizondo, which motion was voted on as follows: Commissioners Rodriguez, Elizondo, Wolff, Adkisson, and Judge Wolff voting Aye. Item 6 Commissioners Court The Court hereby ordered and approved a motion approving the Consent Agenda (items 8-42) with the exception of items 8 and 37, which will be deferred until the next court meting. Item 9 District Attorney s Office The Court hereby ordered and approved a motion authorizing execution of a Title IV-E Purchase Voucher to be submitted to the Texas Department of Protective and Regulatory Services for reimbursement in the total amount of $43,571.93 for legal services rendered by the Criminal District Attorney s Office from 10/11 through 12/11. (Record-voucher to be filed later) Item 10 Sheriff s Office The Court hereby ordered and approved a motion authorizing the County Auditor to provide proof of liability coverage up to $1,000,000 to Trinity University for Bexar County s Criminal Investigations In-Service on May 23 and 24, 2012. (Record) 4

Item 11 Tax Assessor-Collector The Court hereby ordered and approved a motion authorizing ratification of redemption deed executed by County Judge Nelson Wolff to Hasta La Vista LLC for NCB 7586 BLK 1 LOT 1 & 33 & W 55 FT of 2 & N 198 of W 55 FT of 3 located at 2002 Southcross, San Antonio, Texas for the amount of $69,492.54. (Record-deed filed in the Deed Records Department) Item 12 County Courts-At-Law The Court hereby ordered and approved a motion approving a request to collect a fee up to $250 for treatment and services provided to Mental Health Court participants, pursuant to Chapter 616 Texas Health and Safety Code beginning June 1, 2012. (Record) Item 13 County Auditor s Office The Court hereby ordered and approved a motion authorizing the County Auditor to pay routine bills from Monday, May 7, 2012 through Friday, May 18, 2012. The list of bills paid will be presented to the Court on Tuesday, May 22, 2012. (Record) Item 14 County Auditor s Office The Court hereby ordered and approved a motion approving the disbursement of payroll, including overtime, and auto allowances to be paid, Tuesday, May 15, 2012. (Record) 5

Item 15 County Auditor s Office The Court hereby ordered and approved a motion approving accounts and authorizing checks be drawn totaling: (Record) $ 5,566,244.69 (Checks printed April 25, 2012) $13,895,504.75 (Checks printed May 02, 2012) $ 2,795,834.82 (Checks printed May 04, 2012) Item 16 County Auditor s Office The Court hereby ordered and approved a motion approving the Tax Refunds for Paid in Error Requests totaling $222,896.90, which have been reviewed by the Auditor s Office and found to be valid. (Record) Item 17 Purchasing Department The Court hereby ordered and approved a motion awarding a Change Order No. 1 to Slack & Company to provide for additional Construction Services for the City of Somerset Casias Court/Sixth Street Drainage Improvements Project in the contract amount of $8,533.70, as requested by the Bexar County Department of Community Resources, Community Development Block Grant Division; and authorizing the Purchasing Agent to execute and file the appropriate award documents for the record. (Record) Item 18 6

Purchasing Department The Court hereby ordered and approved a motion awarding a contract to the lowest and best qualified bid submitted by All Pro General Construction, Incorporated to provide for the one-time purchase of Construction Services for the El Carmen Sports Park Upgrade in the contract amount of $40,980.00, as requested by the Bexar County Department of Community Resources, Community Development Block Grant Division; and authorizing the Purchasing Agent to execute and file the appropriate award documents for the record. (Record) Item 19 Purchasing Department The Court hereby ordered and approved a motion awarding a contract to the lowest and best qualified bid submitted by Hunter Demolition and Wrecking Corporation to provide for the purchase of construction services for the Knoll Creek Demolition (SC-4), in Precinct 3, in the amount of $319,260.00, as requested by the Bexar County Public Works Department and authorizing the Purchasing Agent to execute and file the appropriate award documents for record. (Record) Item 20 Purchasing Department The Court hereby ordered and approved a motion authorizing the Purchasing Agent to sell at auction 15 surplus vehicles and equipment in accordance with attached Vehicle Equipment List as requested by the Bexar County Public Works Department and authorizing the Purchasing Agent to execute and file the appropriate award documents for record. (Record) Item 21 7

Purchasing Department The Court hereby ordered and approved a motion granting a discretionary exemption to the competitive bidding requirements set forth in the Texas County Purchasing Act for the purpose of awarding a delivery order contract on a sole source requirements basis to Executive Information Systems, LLC for the purchase of SAS programming consultant support for the Management and Financial Services Division s Jail Population Analysis Project in the estimated amount of $98,375.70 as requested by Bexar County Management & Finance; and authorizing the Purchasing Agent to execute and file the appropriate award documents for record. (Record) Item 22 Department of Community Resources The Court hereby ordered and approved a motion approving the appointment of the following nomination: Frank Rosas (Membership Category Affected Community) to the San Antonio Area HIV Health Service Planning Council with terms beginning upon appointment and ending February 28, 2014. (Record) Item 23 Department of Community Resources The Court hereby ordered and approved a motion approving one contract with El Centro Del Barrio totaling $404,510, for services funded for FY 2012-2013 Ryan White Act Part A for the contract period beginning March 01, 2012 through February 28, 2013. (Record) Item 24 Department of Community Resources The Court hereby ordered and approved a motion approving the professional services agreement with Collaborative Research LLC in the amount of $50,000 to conduct program monitoring of 7 service providers of Ryan White services and 3 HOPWA providers. (Record) 8

Item 25 Public Works Department/Flood Control Division The Court hereby ordered and approved a motion approving the Professional Services Agreement between Bexar County and Adams Environmental, Inc. (SWMBE) in the amount of $13,646.00 for professional environmental services in connection with the Flood Control Capital Project, S. New Braunfels LWC, SA8, BC 2012-298. Precinct Number 1 (Record) Item 26 Public Works Department/Flood Control Division The Court hereby ordered and approved a motion approving the Professional Services Agreement between Bexar County and Prudent Technologies, Inc., dba Prudent Environmental Services, Inc. (SWMBE) in the amount of $9,786.94 for professional environmental services in connection with the Flood Control Capital Project, Elm Forest at Turtle Cross, MR31, BC 2012-310. Precinct Number 1 (Record) Item 27 Public Works Department/Flood Control Division The Court hereby ordered and approved a motion approving the Professional Services Agreement between Bexar County and SWCA, Inc. in the amount of $68,990.00 for professional environmental services in connection with the Flood Control Capital Project, Old Fredericksburg Road Project, LC27, BC 2012-309. Precinct Number 3 (Record) Item 28 Public Works Department/Asset Management Division 9

The Court hereby ordered and approved a motion approving a Second Amendment to agreement for Professional Engineering Services between Bexar County and AMEC Environment & Infrastructure, Inc. in the amount of $118,075 making the total contract amount $161,085, to perform additional environmental services listed as Aquifer Testing and Groundwater Monitoring Services, Voluntary Cleanup Program Environmental Support Activities for the property located at 1103 South Frio Street within NCB 878. Precinct Number 2 (Record) Item 29 Public Works Department/Asset Management Division The Court hereby ordered and approved a motion approving an Order declaring the public necessity for the acquisition of a 0.0273 acre tract in fee simple being out of a 9.393 acre tract described in warranty deed recorded in Volume 7329, Page 299, Official Public Records of Real Property of Bexar County, same being out of the John W. Smith Survey No. 27, Abstract No. 708, County Block 4732, in San Antonio, Bexar County, Texas, and more particularly described by metes and bounds shown in Exhibit A, attached hereto and incorporated herein for all purpose, for the public use of the reconstruction of Boerne Stage Road, which includes constructing, operating, repairing and maintaining road improvements, including continuous left-turn lane and paved shoulders and flood drainage/channeling improvements, including roadside ditches and cross drainage structure(s), to expand roadway capacity to relieve traffic congestion and accommodate current and projected traffic volumes, to mitigate flooding that hinders emergency service and others accessibility to surrounding areas, and to resolve threats to the health and safety of the public by reducing traffic congestion and flooding and authorizing institution of condemnation proceedings to acquire those land rights in the amount Awarded by Probate court, plus applicable court costs, and closing costs, and associated costs with eminent domain cases. Precinct Number 3 (Record) Item 30 Public Works Department/Flood Control Division The Court hereby ordered and approved a motion approving a Field Alteration Request Number 8 for the BC 2011-060 contract between Bexar County and Capital Excavation Company requesting to increase the contract amount by $67,328.52, in connection with Flood Control Capital Project, Ingram Road Low Water Crossing #58, LC8. Precinct Number 2 (Record) Item 31 10

Public Works Department/Flood Control Division The Court hereby ordered and approved a motion approving a Field Alteration Request Number 1 for the BC 2012-121 contract between Bexar County and M&M Contracting, LTD, requesting to increase the contract amount by $23,649.88, in connection with Flood Control Capital Project, Laddie Place Phase III Demolition, SA2. Precinct Number 2 (Record) Item 32 Public Works Department The Court hereby ordered and approved a motion approving a Change Order No. 1 to the contract between Bexar County and Capital Excavation in connection with Woodlake Parkway at Lakeview Drive Drainage Improvements Project, BC 2012-005 increasing the contract amount by $58,217.00 to be paid by the county. Precinct Number 4 (Record) Item 33&34 Public Works Department The Court hereby ordered and approved a motion approving the following Subdivision Plats within the Extra Territorial Jurisdiction of the City of San Antonio, subject to all County Regulations: (Record) Subdivision plat of Alamo Ranch Unit 29A-2 Enclave, Owner: Hanna/Magee L.P. #1, located southwest of Alamo Parkway, Cottonwood Way, not within the Edwards Aquifer Recharge Zone. Precinct Number 1 Subdivision plat of Alamo Ranch Unit 39B-PH 1 P.U.D., Owner: Pulte Homes of Texas L.P., located northeast of Del Web Blvd, and La Villita Way, not within the Edwards Aquifer Recharge Zone. Precinct Number 1 Item 35 Public Works Department The Court hereby ordered and approved a motion establishing the following Traffic Control Devices: (Record) Stop Zones to be established: 11

Precinct No. 3 The controlled road shall be Wilderness Oak at its intersection with Fairway Springs. This makes this intersection an all-way stop. Precinct Number 3 Item 36 Facility and Parks Department The Court hereby ordered and approved a motion authorizing the County Judge to execute Professional Services Agreement between Bexar County and Fugro Consultants, Inc., in the amount of $24,462.00 for Construction Materials Testing and Special Inspections in connection with the Mission County Park Redevelopment Project. (Record) Item 38 Facility and Parks Department The Court hereby ordered and approved a motion authorizing the County Judge to execute Amendment #1 to the Professional Services Agreement between Bexar County and Kell Munoz Architects, in the amount of $245,026.00 for additional architectural/engineering design services in connection with the Mission County Park Redevelopment Project. (Record) Item 39 Budget and Grants Department The Court hereby ordered and approved a motion approving a first amendment to a Professional Services Agreement between Bexar County and Rosetta s Key for the time period of September 1, 2011 through August 31, 2012, with the expenditures to be paid with approved monies from a Criminal Justice Division (CJD) grant from the Office of the Governor (Grant #: 20470-04), and with no County expenditures, to provide 1) outpatient individual 12

substance abuse treatment; and, 2) outpatient group substance abuse treatment. This is a requirements contract amendment and cost will not exceed $58,718 for the substance abuse treatment provider. (Record) Item 40 Budget Department The Court hereby ordered and approved a motion approving a first amendment to a Professional Services Agreement between Bexar County and Elite Counseling for the time period of September 1, 2011 through August 31, 2012, with expenditures to be paid with approved monies from a Criminal Justice Division (CJD) grant from the Office of the Governor (Grant #: 20470-04), and with no County expenditures, to provide 1) outpatient individual substance abuse treatment; and 2) outpatient group substance abuse treatment. This is a requirements contract amendment and cost will not exceed $65,000 for the substance abuse treatment provider. (Record) Item 41 Budget and Grants Department The Court hereby ordered and approved a motion approving a Professional Services Agreement between Bexar County and Dr. Michael Gilbert for the time period of October 1, 2011 through September 30, 2013, with expenditures to be paid with approved monies from two Bureau of Justice Assistance (BJA) grants (Grant #: 2010- RM-BX-0001 and 2011-RW-BX-0017), and with no County expenditures, to provide program evaluation to the Reentry Court and the Co-Occurring Re-Entry (CORE) Court. This is a requirements contract and cost will not exceed $15,000 for the program evaluator. (Record) Item 42 Budget Department The Court hereby ordered and approved a motion approving the following budgetary transfer(s): (Record) Pre-Trial Services: FROM: FUND 001 General Fund Agency/ Sub-Orgn/ App. Revised Object Code Transfer 13

Orgn Obj. Code Unit Approp. Description Amount 900/9300 9301/9450 93007 $48,867,983 Appropriated Fund Balance $152,399 TOTAL: $152,399 TO: FUND 001 General Fund Agency/ Orgn Sub-Orgn/ Obj. Code App. Unit Revised Approp. Object Code Description 112/2460 246/0110 24601 $2,491,147 Salary, Regular Transfer Amount $152,399 TOTAL: $152,399 Sheriff s Office FROM: FUND 001 General Fund Agency/ Orgn Sub-Orgn/ Obj. Code App. Unit Revised Approp. Object Code Description Transfer Amount 900/9300 9301/9450 93007 $47,657,820 Appropriated Fund Balance $1,210,163 TOTAL: $1,210,163 TO: FUND 001 General Fund Agency/ Orgn Sub-Orgn/ Obj. Code App. Unit Revised Approp. Object Code Description Transfer Amount 350/3500 3501/0110 35001 $30,931,306 Salary, Regular $868,449 350/3500 3506/4890 35003 $929,545 Vehicle $271,545 Maintenance 350/3500 3506/6199 35004 $85,790 Other Supply $ 68,290 350/3500 3506/8655 35005 $18,487 Vehicle Attachments $1,879 TOTAL: $1,210,163 Adult Detention Center: FROM: FUND 001 General Fund Agency/ Orgn Sub-Orgn/ Obj. Code App. Unit Revised Approp. Object Code Description Transfer Amount 900/9300 9301/9450 93007 $47,326,014 Appropriated Fund Balance $331,806 TOTAL: $331,806 TO: FUND 001 General Fund Agency/ Orgn Sub-Orgn/ Obj. Code App. Unit Revised Approp. Object Code Description Transfer Amount 350/3550 3554/4655 35503 $423,253 Federal Contract Detention $323,253 Services 350/3550 3554/6020 35504 $53,553 Office Supplies $8,553 TOTAL: $331,806 Infrastructure Services-Administration: FROM: FUND 001 General Fund 14

Agency/ Orgn Sub-Orgn/ Obj. Code App. Unit Revised Approp. Object Code Description Transfer Amount 900/9300 9301/9450 93007 $46,994,844 Appropriated Fund Balance $331,170 TOTAL: $331,170 TO: FUND 001 General Fund Agency/ Orgn Sub-Orgn/ Obj. Code App. Unit Revised Approp. Object Code Description 501/5000 5001/0110 50001 $668,094 Salary, Regular Transfer Amount $330,507 501/5000 5001/1821 50002 $663 Travel Discretionary $663 TOTAL: $331,170 Item 7 Commissioners Court Filing for record the following legal and administrative documents and directing the Criminal District Attorney to take action, if necessary: (Record) a. District Court Judges of Bexar County - Order Re-Appointing Auditor for a two (2) year period beginning May 1, 2012 and setting the Auditor s salary. b. Amendment 1 to the customer agreement between The State of Texas, Acting By and Through the Texas Department of Information Resources and, Texas NICUSA, LLC and Bexar County approved March 13, 2012. c. Notice of Lien from Briones Utility Company, LLC, Re: Bexar County Firing Range Phase II. d. Faxed letter from Joel Janssen, President DSABC regarding grievance #2012-DSABC-GC-03. e. Faxed letter from Joel Janssen, President DSABC regarding Collective Bargaining Contract Grievance 2012- DSABC-GC-03, Nature: Time Off for CBA negotiations. f. Letter from Texas Department of Insurance, Re: Mastiff Party Rentals TDI Enforcement File No. 59872. g. Notice of Citation Directed to Bexar County Texas, Re: Oliver L. Tolliver vs. Bexar County Texas. h. US District Court Plaintiff s Motion For Leave To File First Amended Complaint - Bexar County, Texas; Jeff Schneider, Vincent Valeriano, Michelle Ingram, Bexar County Hospital District, d/b/a University Health System. i. US District Court Plaintiff s Motion For Leave To File Second Amended Complaint Harmony Standard v. Bexar County, Texas; Jeff Schneider, Vincent Valeriano, Michelle Ingram, Bexar County Hospital District, d/b/a University Health System. 15

j. US District Court Plaintiff s Motion to File Late to Make Disclosure and To Amend Pleadings, Plaintiff s Second Amended Complaint, Re: Harmony Standard v. Bexar County, Texas; Jeff Schneider, Vincent Valeriano, Michelle Ingram, Bexar County Hospital District, d/b/a University Health System. k. Letter from Ferguson, A. Wolseley Co. regarding Bexar County Firing Range Phase 2. l. 2 nd Notice of The Right To Claim A Lien from Accurate Lien & Contractor Assistance, Inc. m. Notice of Personal Injury Claim from Melodye Baskin. Commissioners Court met in Executive Session at this time pursuant to Chapter 551, Texas Government Code and the following items were discussed: 551.071 Consultation with Attorney for advice regarding: a. Pending or contemplated litigation or settlement offers in the following matters: i. Erik Dudley Sr. and Xandra Budd, individually and as Guardians of E. Dudley Jr., a minor, Maribeth Huitfeldt, individually and as Guardian of C. Huitfeldt, a minor, v. Bexar County, Texas, Deputy Juan Guillen and Sheriff Amadeo Ortiz. ii. iii. 12:25 p.m. Dan Napier and Dana Napier v. Bexar County, Texas, James Hutmacher, individually and in his official capacity and John Doe, individually and in his official capacity. Jose Vasquez, et al. vs. The Boiler Room and Deputy Arnold Menchaca, et al, Cause No. SA-11-CV- 920 (HLH). Commissioners Court returned to Open Session at this time and the following action was taken. 12:40 p.m. Item 45 District Attorney s Office The Court hereby ordered and approved a motion authorizing a request from the District Attorney s Office to contract outside legal council to represent individual Bexar County deputies in the following matters: (Record) i. Erik Dudley Sr. and Xandra Budd, individually and as Guardians of E. Dudley Jr., a minor, Maribeth Huitfeldt, individually and as Guardian of C. Huitfeldt, a minor, v. Bexar County, Texas, Deputy Juan Guillen and Sheriff Amadeo Ortiz. 16

ii. iii. Jose Vasquez et al vs. The Boiler Room and Deputy Arnold Menchaca, et al, Cause No. SA-11-CV-920 (HLH) Dan Napier and Dana Napier v. Bexar County, Texas, James Hutmacher, individually and in his official capacity and John Doe, individually and in his official capacity. A motion was presented by County Commissioner Paul Elizondo, duly seconded by County Commissioner Tommy Adkisson, which motion was voted on as follows: Commissioners Rodriguez, Elizondo, Wolff, Adkisson, and Judge Wolff voting Aye. A motion for adjournment was presented by County Commissioner Paul Elizondo, duly seconded by County Commissioner Tommy Adkisson, which motion was voted on as follows: Commissioners Rodriguez, Elizondo, Wolff, Adkisson and Judge Wolff voting "Aye." It is ordered by the Court that Commissioners Court of Bexar County, Texas be, and hereby stands, adjourned, In honor and memory of Martin J. Rodriguez, Mildred Beatrice McNeal Reed, Beatrice Bea Kinard and Jerome L. Hitzfelder until Tuesday, May 22, 2012 at 10:00 a.m. 12:45 P.M. NELSON W. WOLFF, COUNTY JUDGE BEXAR COUNTY, TEXAS ATTEST: GERARD RICKHOFF, COUNTY CLERK BEXAR COUNTY, TEXAS 17