THE STATE OF TEXAS COUNTY OF ZAPATA IN THE COMMISSIONERS COURT OF ZAPATA COUNTY, TEXAS

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THE STATE OF TEXAS COUNTY OF ZAPATA IN THE COMMISSIONERS COURT OF ZAPATA COUNTY, TEXAS th Be it remembered, that on this the 12 day of January, A. D., 2009, the Commissioners Court of Zapata County, Texas, convened in REGULAR SESSION of said Court, at the regular meeting place thereof, in the Courthouse of Zapata, Texas, with the following members of said Court, to-wit: PRESENT: Hon. Joseph Rathmell Commissioner, Precinct No. 3, Presiding Jose Emilio Vela Commissioner, Precinct No. 1 Gabriel Villarreal Commissioner, Precinct No. 2 Saíd Alfonso Figueroa County Attorney ABSENT: Hon. Rosalva Guerra County Judge Norberto Garza Commissioner, Precinct No. 4 Mary Jayne Villarreal-Bonoan County Clerk VISITORS: Celica A. Rodriguez, Nellie R. Treviño, Mario Gonzalez-Davis, Romeo Salinas, Doroteo N. Garza, Juan J. Meza, Arnold Mendoza, Arnold Mendoza, Jr., Geraldine Janowski, Stanley Janowski, Sada Montes-Burnham, Glen Hickey, Gayla Hickey, David Holcomb, Avon Hatfield, Michael W. Dickerson, Consuelo R. Villarreal, Mike Chapa, Sylvia Martinez, Dorothy Pizaña, E. Villarreal, Preston Taylor, Harold Meeks, Priscilla Meeks, Gerardo Rodriguez, Robert Jaramba, Maria M. Garcilazo, John O. Smith, Amada Villarreal-Garza, Maria Elena S. Vela, James Umphres, Carlos Treviño, Jr., Roberta Meza, Edna Umphres, Raul Hernandez, Larry Sands, Marco Serna, Eddie Torres, and Monica L. Benavides. WHEREUPON, the following Orders and Proceedings were had by said Court, to-wit: CALLED MEETING TO ORDER AT 9:00. M. PRAYER BY PASTOR ROGER MILLER PLEDGE OF ALLEGIANCE COMMUNICATIONS J.J. Meza reported that in 2008 the Fire Department received 1,695 EMS calls and there have been 62 EMS calls to date in 2009. He also reported that he had his first certified fire fighter for 2009. Mario Gonzalez-Davis reported that the airport paving project has been completed as of January 8, 2009. The paving bond was $905,520, the cost of the project with the county crew s labor cost $750,000 for a savings of approximately $200,000 less $50,000 for said equipment to be purchased by the County.

REPORTS/PUBLIC PARTICIPATION ZAPATA COUNTY MEDICAL GROUP MONTHLY REPORT FOR DECEMBER 2008 Mr. Mike Chapa, Indigent Health Care Director, submitted his written report for the Zapata County Medical Group for December 2008. He reported that money has been coming in and a $20.00 co-pay has been implemented on a voluntary basis to offset cost to run the facility. CONCERNED CITIZENS REPORT REGARDING SEXUAL ORIENTED BUSINESS BY AMADA GARZA-VILLARREAL Mrs. Garza presented an additional 300 signature list of persons opposing the sexual oriented business to Commissioner Rathmell. Mrs. Garza also read the Texas Alcoholic Commission rules on the application for the alcoholic beverages. Mr. Jerry Rodriguez also presented a list with additional signatures. He stated that some of the winter Texans attending church services were considering other options before coming to Zapata. Mr. Eddie Torres, of TABC stated that sexually oriented businesses (refering to the one location in question) cannot have sexually graphic material in its premises because it is not permitted and the business would have to turn in their permit if said material were in the premises. Torres advised that any citizen can file a complaint. Mrs. Avon Hatfield stated that there was a higher crime rate against girls/women and values of properties go down. PRESENTATION ON FORMATION OF COMPLETE COUNT COMMITTEE IN ZAPATA COUNTY FOR 2010 CENSUS Ms. Sylvia Martinez, Partnership Specialist, made a presentation regarding the upcoming the 2010 U.S. Census. She stated that the questionnaire has been reduced to a 10 minute survey. th Testing will be on January 20 in Laredo, Texas for training. QUARTERLY REPORT FOR ZAPATA COUNTY CONVENTION AND VISITORS BUREAU Karran Westerman presented the treasurer s quarterly report for the Zapata Convention and Visitors Bureau. They received $5,000 from the Hotel Motel Tax fund. REPORT ON ANNUAL EXPENSES FOR HISTORICAL COMMISSION FOR FY 2008 Leticia Salinas gave the annual expense report for the Historical Commission for FY 2008. ORDER APPROVING INVOICES d invoices as presented by County Treasurer Romeo Salinas. ORDER APPROVING MINUTES FOR MEETING OF DECEMBER 8, 2008 AND DECEMBER 15, 2008 the Minutes of December 8, 2008 and December 15, 2008 as presented by Celica A. Rodriguez, Chief Deputy County Clerk for Mary Jayne Villarreal-Bonoan, County Clerk. (Minutes of January 12, 2009 approved February 9, 2009) 2

ORDER APPROVING PURCHASE OF PICK-UP TRUCK FROM ROAD CONSTRUCTION the purchase of a pick-up truck from account 15-012-554, Road Construction. Cost will not exceed $17,000.00 as requested by Commissioner Gabriel Villarreal, Pct. 2. ORDER APPROVING INSTALLATION OF SECURITY LIGHT th installation of a security light at 405 W. 20 Street in the town of Zapata, Texas as requested by Commissioner Gabriel Villarreal, Pct. 2. ORDER TO TABLE REQUEST BY JUSTICE OF THE PEACE FERNANDO MUÑOZ, JR. PCT. THREE TO HIRE ADALBERTO MEJIA AS COURTROOM BAILIFF the request by Justice of the Peace Fernando Muñoz, Jr., Pct. 3 to hire Alberto Mejia as courtroom bailiff to fill vacancy. To be used by all precincts and County Judge. ORDER APPOINTING KARRAN WESTERMAN TO FALCON ZONING COMMITTEE Motion was made by Commissioner Vela, seconded by Commissioner Villarreal, to appoint Karran Westerman to replace Robert Amaya as recommended by Commissioner Vela. Other members will remain the same. ORDER APPOINTING MEMBERS TO HISTORICAL COMMISSION COMMITTEE Motion was made by Commissioner Vela, seconded by Commissioner Villarreal, to appoint members to the Historical Commission Committee as follows: Gilberto Salinas, Viviana Moncivais, Omelia Zapata and Roberto Montes as recommended by Ms. Salinas. ORDER APPROVING HIRING OF GILBERT SANCHEZ AS TREATMENT OPERATOR TRAINEE AT WASTEWATER TREATMENT PLANT Motion was made by Commissioner Villarreal, seconded by Commissioner Vela, to approve hiring of Gilberto Sanchez as a treatment operator trainee at the Wastewater treatment plant for slot 9, vacant position, at a starting salary of $8.80 per hour as requested by Utilities Director Carlos Treviño, Jr. and Wastewater Supervisor Eloy Chapa, Jr. (Minutes of January 12, 2009 approved February 9, 2009) 3

NO ACTION WAS TAKEN ON REQUEST BY KARRAN WESTERMAN REGARDING PURCHASE OF WATER RIGHTS FOR ZAPATA COUNTY FROM RIO GRANDE WATER COMMISSION ORDER TO TABLE REQUEST BY ELCINA BUCK AND ROBERT KLINE TO PASS ORDINANCE DECLARING A NO WAKE AREA FROM FOUR SEASON RESORT TO BEACON LODGE request by Elcina Buck and Robert Kline to pass an ordinance declaring a No Wake Area from Four Season Resort to Beacon Lodge. NO ACTION WAS TAKEN ON REQUEST BY ELCINA BUCK AND ROBERT KLINE TO PAVE ROAD TO LAKEFRONT RESORT NO ACTION WAS TAKEN ON REQUEST BY SADA MONTES-BURNHAM TO CONSTRUCT A SIDEWALK FROM VILLARREAL TH ELEMENTARY TO 13 STREET ORDER TO TABLE REQUEST BY ANGEL CASTAÑEDA ON COUNTY AND SCHOOL TAX ABATEMENT ON FALCON LANES request by Angel Castaneda on County and School tax abatement on Falcon Lanes, retroactive to 2006. ORDER APPROVING ECO-FUEL SYSTEM the Eco-fuel system fuel enhancers at the cost of $250 - $400 per vehicle. Each department will accept or deny the fuel enhancers depending on their budget. ORDER TO TABLE REQUEST BY CARLOS COLINA-VARGAS TO AUTHORIZE APPLICATION OR APPLICATIONS TO THE STATE OF TEXAS HAZARD MITIGATION GRANT PROGRAM FOR ACQUISITION AND DRAINAGE RELIEF IMPROVEMENTS IN MEDINA ADDITION, AUTHORIZE COMMITMENT OF LOCAL MATCH AND AUTHORIZE FIRM OF CARLOS COLINA-VARGAS TO PREPARE APPLICATION MATERIALS (Minutes of January 12, 2009 approved February 9, 2009) 4

ORDER TO TABLE REQUEST BY DAVID HOLCOMB TO APPROVE RENEWAL OF OIL, GAS AND MINERAL LEASE ON LANDS ON WHICH ZAPATA COUNTY OWNS MINERAL INTEREST request by David Holcom for renewal of the oil, gas, and mineral lease on the lands on which Zapata County owns mineral interest. Commissioner Rathmell suggested that they use the lease prepared by Mr. Pete Saenz as a guide. The new offer is $500 per acre for a three year lease. Mr. Figueroa is to get in contact with Mr. Holcomb. ORDER TO TABLE REQUEST BY LARRY SANDS TO TAKE ACTION REGARDING INCOME FOR ZAPATA COUNTY MEDICAL GROUP Motion was made by Commissioner Villarreal, seconded by Commissioner Vela, to TABLE request by Dr. Larry Sands to take action regarding income for Zapata County Medical Group. ORDER APPROVING LINE ITEM TRANSFERS line item transfer from Consulting and Engineering Non-Department (10-409-730) $30,000.00 to Jury Fund Non-Department (10-409-485) $30,000.00 to meet budget requirements as requested by County Auditor Doroteo Garza. ORDER TO ENTER INTO EXECUTIVE SESSION Motion was made by Commissioner Villarreal, seconded by Commissioner Vela, to enter into Executive Session. ORDER TO RETURN TO OPEN SESSION Motion was made by Commissioner Vela, seconded by Commissioner Villarreal, to return to Open Session. ORDER PASSING A PERMITTING REGULATION FOR SEXUALLY ORIENTED BUSINESSES Motion was made by Commissioner Vela, seconded by Commissioner Villarreal, to pass a permitting regulation for sexually oriented businesses within the county effective immediately as requested by County Attorney Said A. Figueroa. (Minutes of January 12, 2009 approved February 9, 2009) 5

MOTION TO RECESS UNTIL TUESDAY, JANUARY 13, 2009 AT 9:00 A.M. WAS MADE BY COMMISSIONER VELA, SECONDED BY COMMISSIONER VILLARREAL HON. JOSEPH RATHMELL, COMMISSIONER OF PRECINCT 3, CALLED MEETING TO ORDER ON TUESDAY, JANUARY 13, 2009 AT 9:00. M. MINUTES OF MEETING OF ZAPATA COUNTY COMMISSIONERS COURT FOR JANUARY 13, 2009 AS PREPARED BY MR. HECTOR URIBE ARE ATTACHED (Minutes of January 12, 2009 approved February 9, 2009) 6

ADJOURN Motion to adjourn was made by Commissioner Garza, seconded by Commissioner Rathmell and being put to a vote, was approved by the affirmative vote of all members There being no further business for disposition at this term, the Court adjourned. ROSALVA GUERRA, COUNTY JUDGE ZAPATA COUNTY, TEXAS ATTEST: MARY JAYNE VILLARREAL-BONOAN COUNTY CLERK AND EX-OFFICIO CLERK OF THE COMMISSIONERS COURT OF ZAPATA COUNTY, TEXAS (Minutes of January 12, 2009 approved February 9, 2009) 7