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Minutes for Regular Board of Supervisors Meeting


PROCEEDINGS OF THE
COCHISE COUNTY BOARD OF SUPERVISORS
REGULAR MEETING HELD ON
Tuesday, February 15, 2011

A regular board meeting of the Cochise County Board of Supervisors was held on Tuesday, February 15, 2011 10:00 a.m. in the Board of Supervisors’ Hearing Room, 1415 Melody Lane, Building G, Bisbee, Arizona.

Present:
Patrick G. Call, Chairman; Ann English, Vice-Chairman; Richard Searle, Supervisor
Staff Present:
Michael J. Ortega, County Administrator; Jim Vlahovich, Deputy County Administrator; Britt W. Hanson, Chief Civil Deputy County Attorney; Katie Howard, Clerk of the Board
 
Chairman Call called the meeting to order at 10:00 a.m.

ANY ITEM ON THIS AGENDA IS OPEN FOR DISCUSSION AND POSSIBLE ACTION

PLEDGE OF ALLEGIANCE

THE ORDER OR DELETION OF ANY ITEM ON THIS AGENDA IS SUBJECT TO MODIFICATION AT THE MEETING


 
CONSENT
 
Board of Supervisors
 
1.
Approve the Minutes of the regular meeting of the Board of Supervisors of February 8, 2011.
APPROVED
Attachments:
 
County Attorney
 
2.
Approve the proposed settlement of the tax appeal in Randy Robichaud, Robichaud Family Trust v. Cochise County, Tax Case No. ST2010-000388 (Assessor parcel no. 123-20-035A), now pending in the Arizona Tax Court, a division of the Superior Court of and for Maricopa County.
APPROVED
 
Elections and Special Districts
 
3.
Adopt Resolution 11-05 to approve the appointment of Eliseo Rivera, Hector Rivera and Alfredo Romero Jr. to the governing board of the Sunnyside Fire District.
APPROVED
 
Finance
 
4.
Approve demands and budget amendments for operating transfers.
APPROVED
Warrant No. 40982-41070, 41103-41370 and 41372-41523 were issued in the amount of $1,421,729.01.

Pursuant to A.R.S. §11-217(C), the published minutes shall include all demands and warrants approved by the Board in excess of one thousand dollars except that multiple demands and warrants from a single supplier or individual under one thousand dollars whose cumulative total exceeds one thousand dollars in a single reporting period shall also be published.

Issued warrants are listed as an attachment at the end of the minutes.
 
Health
 
5.
Approve Amendment #1 to the Subcontract Accion Para La Salud, between the Arizona Board of Regents, University of Arizona, and the Cochise County Health Department under the Purchase Order of Y553670 for the period of 10/1/10 to 9/29/11 in the increased amount of $30,000.
APPROVED
Attachments:
 
Housing Authority
 
6.
Approve the Certification of Consistency with the Consolidated Plan for the Fiscal Year 2011 HOPWA Permanent Supportive Housing Renewal Grant which will be submitted by the Housing Authority of Cochise County.
APPROVED
 
Information Technologies
 
7.
Approve the Sulphur Springs Electric Cooperative (SSVEC) aerial photography contribution letter to provide that SSVEC will contribute $25,000 to help offset the cost of the 2010 aerial photography project and, in exchange, will receive the  2010 aerial photography and a credit of $5,000 toward future acquisition of GIS data.
APPROVED
 
Approve Consent items 1-7.
 

Motion by Vice-Chairman Ann English, Second by Supervisor Richard Searle 

Vote: 3 - 0 Approved

 
ACTION
 
Board of Supervisors
 
8.
Approve a request of the Coalition of Arizona / New Mexico Counties to make a one-time voluntary contribution of up to $5,000 to a special litigation fund to address a number of suits and other potential litigation that will have significant impacts on member counties of the Coalition.
AMENDED & APPROVED
Mr. Mike Ortega, County Administrator explained that this request was to assist the Arizona/New Mexico Coalition with litigation costs. Supervisor Searle added that the Coalition provides services that benefit Cochise County in many ways.  Vice-Chariman English asked how they determined what to use the money for and Searle responded that they use the money for research and to provide comments to federal agencies on the Spikedace & Loach Minnow.   Chairman Call clarified that this money is in addition to the membership fee for the Arizona/New Mexico Coalition and Searle confirmed. Mr. Ortega added that this is for the litigation fund and that they are asking for a voluntary contribution to assist with the upcoming litigation that Supervisor Searle mentioned.   Mr. Britt Hanson, Chief Deputy County Attorney recommended that the motion be amended to fund litigation specifically to benefit Cochise County; that is, litigation that directly affects Cochise County. Supervisor Searle pointed out that he is on the Arizona/New Mexico Coalition board and provides input on behalf of Cochise County.

Vice-Chairman English asked that if this request comes up again that the Coalition provide a list of contemplated litigation.


 

Motion by Supervisor Richard Searle, Second by Vice-Chairman Ann English to approve a request of the Coalition of Arizona / New Mexico Counties to make a one-time voluntary contribution of up to $5,000 to a special litigation fund to address a number of suits and other potential litigation that will have significant impacts on member counties of the Coalition.

 

Motion by Supervisor Richard Searle, Second by Vice-Chairman Ann English to amend the original motion to state that the additional funding be used only to fund litigation that directly affects and is of specific benefit to Cochise County.

Vote: 3 - 0 Approved

 

Motion by Supervisor Richard Searle, Second by Vice-Chairman Ann English to approve the original motion, as amended.

Vote: 3 - 0 Approved

 
Attachments:
 
9.
Discuss, prioritize and consider approval of the list of prioritized Secure Rural Schools Title II projects as recommended by the Public Lands Advisory Committee (PLAC).
APPROVED
 
 

Motion by Vice-Chairman English, Second by Supervisor Searle to approve the list of prioritized Secure Rural Schools Title II projects as recommended by the Public Lands Advisory Committee (PLAC).

Mr. Jim Vlahovich stated that last week the Board had received an e-mail from Mr. Bill Edwards, District Ranger for the Douglas Ranger District, asking the County to move forward with the Secure Rural grant projects. He stated that he sent the list out the previous Thursday to the Public Lands Advisory Committee (PLAC) and has not received any responses. He pointed out that the list from Bill Edwards showed items 3 and 4 to be reversed, in order of priority, and added that Mr. Doug Ruppel representing the Douglas Ranger District is present today to respond to any questions from the Board. Staff is recommending to move forward with this list, in priority order as Mr. Edwards suggested.

Supervisor Searle told the Board that this funding comes from Washington, allocated to each county. Some of it comes to the county and some goes to the Schools. Some goes to the Forest Service; this portion goes to the Forest and we have a resource advisory committee representative. The Resource Advisory Committee is across four counties: Pima, Pinal, Cochise & Graham counties. Vice-Chairman English commented that this program was put in place because there are many schools in counties with forest lands (public lands from which no taxes are received) and yet schools need to be run. Supervisor Searle agreed and added that it was up for refunding last year and the County had to establish a Resource Advisory Committee (RAC) to continue to secure the funding. The Forest Service put together the committee.

Supervisor Searle stated that he had requested that PLAC look at this and make a recommendation, but the timeframe was too short; therefore, absent any input from the PLAC, he recommended that the BOS move forward with the list as recommended.

Mr. Doug Ruppel, Douglas Ranger District, indicated that the funding is temporary and would be used to staff the visitors center. Volunteers have not worked out because they need to make a living. He stated that the building renovations were necessary but beyond the capacity of the normal annual budget. He pointed out the positive impact the visitors center has had on birding and tourist traffic in the area.

Supervisor Richard Searle amended the motion to reflect the reversal of items 3 and 4 on the priority list, as recommended by Mr. Bill Edwards. Vice-Chairman Ann English seconded the amendment.

Vote: 3 - 0 Approved

 
Cochise Aging & Social Services
 
10.
Approve policy/procedure for the establishment of a County Merit Award System Board and establishment of such Board.
REMOVED
 

This item was removed from the agenda.

Attachments:
 
Fleet
 
11.
Approve policy/procedure for the establishment of a Merit Award policy/procedure for Fleet and Heavy Fleet Departments.
REMOVED
 

This item was removed from the agenda.

 
12.
Approve the renewal of Contract No. 10-38-HFM-04 for Bulk Fuel (diesel & unleaded) to Pro Petroleum, Inc. in the estimated amount of $2,596,500 for the period of March 1, 2011 through February 29, 2012 for the Light and Heavy Fleet Management Departments.
APPROVED
 

Motion by Supervisor Richard Searle, Second by Vice-Chairman Ann English to approve the renewal of Contract No. 10-38-HFM-04 for Bulk Fuel (diesel & unleaded) to Pro Petroleum, Inc. in the estimated amount of $2,596,500 for the period of March 1, 2011 through February 29, 2012 for the Light and Heavy Fleet Management Departments.

 

Mr. Dave Seward, Procurement Director, told the Board that this is the first annual renewal of a contract approved last year. He reviewed the information provided in the Executive Summary and stated that the County has tightened up the specifications.

Mr. Ruben Miranda, Fleet Director advised the Board that in the last thirty days fuel prices have averaged $2.70+ per gallon and they are expecting $3.00 per gallon within 6 months due to the situation in the Middle East. Mr. Ortega reminded the Board that the County has budgeted for this increase. He explained that of the money allocated this year the County has a $300,000 reserve built up due to prices being lower than expected until recently. He said they expect to use $150,000 of that reserve to cover higher prices during the latter half of this fiscal year. During the next fiscal year, he said, the County will use the remaining reserve to shore up the annual budgeted amount. He said he expects to have a real issue in the 12/13 fiscal year.

Mr. Gayland Davis, Director of Heavy Fleet, told the Board that he had budgeted $3.05 per gallon this year, which to-date has been running about $2.60 per gallon, resulting in a savings. Now, however, diesel is at $3.25 per gallon. He stated that he thinks the annual budget will be okay at the end of the year because of the savings in the first part of year.

Vote: 3 - 0 Approved

 
STATE & FEDERAL LEGISLATION
 
13.
Discussion and possible action on legislative bills listed on the attached Legislative Policy Committee meeting agenda.
NO ACTION TAKEN
Mr. Ortega reported that there are several issues we are tracking:  The first of these bills is HB2045 and a related Senate Bill which have provisions that if the County buys land, the County has to turn five acres somewhere else in the county back into private hands.  He observed that this bill has potential for negative impacts to Ft Huachuca and for open space. He pointed out that this would apply to any kind of drainage way or roadway that the County wants to make improvements to.  He understands the intent, he said, but the bill has implications for how we do business. We are opposing that. ADOT has excluded themselves; cities, counties, school and college districts are included in the legislation. It is of significant concern and needs to be watched carefully because of the unintended consequences.  Vice-Chairman English asked about whether the tax deed land sales would suffice, pointing out that is an example of the County putting land back into private hands.  Mr. Ortega agreed and said there needs to be discussion about that and incentives to do so.  Supervisor Searle observed that the concern that generated this bill is the extensive federal government holdings, not land owned by the counties.  

Mr. Ortega stated that the second bill they are watching concerns the retirement system—apparently the Speaker did not solicit feedback when he proposed the legislation; unions / firefighters are in opposition to bill currently, but okay with some changes. CSA’s current position is against the proposal but CSA also recognizes that something needs to be done to fully fund those plans.

Mr. Ortega continued, saying the third bill is regarding inmate credit for time served.  This legislation is moving forward; however, instead of the $60 per day credit amount proposed by Cochise County, the amount is being negotiated to $50, which is still better than $10.

Regarding the budget, he stated that the Governor’s staff is still shopping for ways to cut. Certain cuts but do not appear to be severe to the counties and it doesn’t appear, at this time, that prisoner shifts to the counties are on the horizon.
Attachments:
 
REPORT BY MICHAEL J. ORTEGA, COUNTY ADMINISTRATOR -- RECENT AND PENDING COUNTY MATTERS
 

No report.

 
CALL TO THE PUBLIC
 
This is the time for the public to comment. Members of the Board may not discuss items that are not specifically identified on the agenda.
 

Mr. Jack Cook addressed the Board on matters of personal concern. No one else wished to address the Board and Chairman Call closed the Call to the Public.

 
SUMMARY OF CURRENT EVENTS
 
Report by District 1 Supervisor, Patrick Call
 

Chairman Call observed that he has had difficulty making the last two weeks Legislative Policy Committee conference call on Fridays and stated that if either of his colleagues would like to attend the call, to please do so (Supervisor Searle said he would put it on his calendar). Chairman Call said he would attend an Natural Resource Conservation Development (NRCD) meeting today to prepare for the March 2nd NRCD meeting. He will also attend a Cochise Community Foundation meeting on Wednesday and on Thursday will be attending a Huachuca 50s meeting. He added that next Tuesday there will be a Special Board meeting to adopt a coordination resolution.

 
Report by District 2 Supervisor, Ann English
 

Vice-Chairman English reported that she went to Portal yesterday to support their annual fundraiser and that she will attend the SEAGO meeting in Nogales on Friday. She added that the County had received 70 entries in the Cochise County flag contest as of last week, an activity associated with Cochise County's statehood Centennial plans for February 2012.

 
Report by District 3 Supervisor, Richard Searle
 

No report.

Chairman Call adjourned the meeting at 10:46 a.m.



APPROVED:


_____________________________________
Patrick Call, Chairman


ATTEST:


______________________________________
Katie Howard, Clerk of the Board


"PUBLIC PROGRAMS, PERSONAL SERVICE"