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March 23, 2004
proceedings FOR the REGULAR BOARD MEETING of the
cochise county board of supervisors
TUESDAY, march 23, 2004
A regular meeting of the Cochise County Board of Supervisors was held at 02:00 P.M. on March 23, 2004 in the Board of Supervisors Temporary Hearing Room, 1272 Hereford Road, Bisbee, Arizona. In attendance were Patrick Call, Chairman; Paul Newman, Vice Chairman; Leslie Thompson, Member; Jody Klein, County Administrator; John MacKinnon, Deputy County Attorney and Nadine Parkhurst, Clerk of the Board.
ANY ITEM ON THIS AGENDA IS OPEN FOR DISCUSSION AND POSSIBLE ACTION
PLEDGE OF ALLEGIANCE
APPROVAL OF THE AGENDA
THE ORDER OF DELETION OF ANY ITEM ON THIS AGENDA IS SUBJECT TO MODIFICATION AT THE MEETING
ROLL CALL - The three board members were present.
CALL TO THE PUBLIC (MATTERS RELATED TO COUNTY GOVERNMENT - LIMIT OF 3 MINUTES PER PERSON OR AT THE DIRECTION OF THE CHAIRMAN) - Chairman Call indicated that this was the time for anyone to address the Board on issues not listed on the agenda. No one responded.
REPORT BY MR. JODY KLEIN, COUNTY ADMINISTRATOR ON RECENT AND PENDING COUNTY MATTERS-County Administrator Jody Klein explained that the Combined Health Trust is in the "black" financially. After discussions and upon advice of the Health Consultant for the Trust, the members agreed to propose a 10.5% increase in health premiums. Additionally, the members agreed to offer some tests without deductible such as hearing tests and colonoscopy. Mr. Klein mentioned that the Upper San Pedro Staff Working Group is reviewing all the requirements for Section 321 reporting. Mr. Klein also indicated that a meeting will take place with Graham County to explore interconnectivity issues for data.
Consent
Board of Supervisors
Item 1-APPOINTMENT OF THE FOLLOWING AS REPUBLICAN PRECINCT COMMITTEEPERSONS: JESUS "BEN" LUCERRO, DO CARLSON #15; ROGER BECK, SV COLLEGE #42; HEATHER HENDRICKS, SV FORT #45; DON PENNEY, SV COLLEGE #42
Item 2
APPROVAL OF MINUTES OF REGULAR BOARD MEETING OF MARCH 9, 2004
Finance
Item 3
DEMANDS-Warrant No. 12296 through 12624 were issued from the following fund lines in the amount of $1,585,145.19. No voided warrants.
ISSUED WARRANTS; Fund 100 General Fund $500,366.78; Fund 103 Document Storage-Recorder $1,535.84; Fund 105 Bisbee/Douglas Airport $3,243.42; Fund 109 Fleet Mgmt $78,613.61; Fund 113 Taxpayer's Info Fund $900.00; Fund 115 BOS Grants $2,237.00; Fund 116 Tourism $1,800.00; Fund 121 Attorney Victim Compensation $3,737.70; Fund 124 Attorney Anti-Racketeering $3,747.08; Fund 126 Attorney Juv Vict Rights $138.45; Fund 143 Detention Education (Juvenile) $423.24; Fund 147 Adult Prob. Svcs. Fee $231.84; Fund 151 Law Library $762.61; Fund 155 Diversion Intake $152.86; Fund 164 Judicial Collections $36.08; Fund 171 County Library $4,266.47; Fund 172 State Grt in Aid 04-A-2 $751.85; Fund 192 J.T.P.A. $71,313.00; Fund 203 Jail Enhancement $6.07; Fund 209 LE Block Grant $7,226.74; Fund 222 Office of Bio Terrorism $1.40; Fund 223 Maternal & Child Health $47.76; Fund 224 Diabetes Educator $375.00; Fund 228 W.I.C. Grant $75.00; Fund 229 Steps Along the Brdr Init $46.67; Fund 232 Family Planning $55.77; Fund 234 TB Control $117.07; Fund 237 Health S.T.D. Grant $44.51; Fund 239 SEAGO Case Mgmt $5.82; Fund 241 HIV Outpatient Svcs $554.93; Fund 243 Immunization Program $550.97; Fund 251 Public Works $190,204.76; Fund 261 Flood Control District $15,803.00; Fund 278 Small Schools $29.90; Fund 279 Education Service Agency $4,265.74; Fund 286 Title II-Impr Teacher Qua $1,356.52; Fund 287 Reading First Program $1,186.14; Fund 400 County Capital Projects $106,280.24; Fund 501 County Group Health $1,872.85; Fund 505 Solid Waste $35,378.46; Fund 508 Cochise Health Systems $537,736.32; Fund 540 Drug Treatment Education $13.06; Fund 549 Probate Fees $200.00; Fund 551 Title I Juv Education $725.00; Fund 554 JCRF CAB $2,299.61; Fund 557 Domestic Violence TF $4,105.13; Fund 585 CASA Grant $60.00; Fund 601 Computer Replacement Program $262.92 = TOTAL $1,585,145.19
Purchasing
Item 4-for Highway and Floodplain Department - Award of Invitation for Bids 3304 Naco Highway Overlay
Item 5-Purchasing for Health Department - award of Request for Proposals 5104 Family Planning Services-Supervisor Newman made a motion, which was seconded by Supervisor Thompson, to approve Item No I through Item No. 5 of the Consent Agenda. The motion unanimously carried.
Action
Board of Supervisors
Item 6-Approval of Amendment No. 5 for Professional Services Contract #4799 for engineering and construction management services for the rehabilitation of Runway 17-35 at the Bisbee-Douglas International Airport.-The current condition of the main runway at Bisbee-Douglas International (BDI) is poor. Without major rehabilitation in the near future, the surface will continue to deteriorate to a point where aircraft can no longer use it. The runway shoulders have thick weeds and desert vegetation in some places.
The Federal Aviation Administration (FAA) has allocated up to $1.5M for the rehabilitation of the runway, taxiway and electrical and runway lighting improvements. The total cost of the project is estimated at $1,260,000 with FAA share $1,200,000, $30,000 State share and $30,000 County share. The Board took the position that not repairing this runway would affect businesses at BDI and the economic development of the area. Supervisor Thompson made a motion, which was seconded by Supervisor Newman, to approve Amendment No. 5 for professional services contract No. 4799 and authorize the Chairman to sign all contract related documents. The motion unanimously carried.
Highways and Floodplain
Item 7-Update on the Hereford Road Bridge test results of the
piers and abutments and formal direction to staff as to
the re-building concept.-The geotechnical testing on the Hereford Bridge was done. The data was analyzed by an engineering firm which determined that the piers do not meet current standards. The abutments appear to have adequate load capacity to support a new bridge but the engineers are still conducting seismic tests to ascertain the integrity of the pilings. The draft conceptual design for the one-lane bridge, steel-truss bridge in the same location has been drafted by the engineers. A steel struss bridge would be more expensive than a concrete bridge ($120 sq ft versus $80). However, the difference in cost would most likely be absorbed by the fact that the concrete bridge would be higher than the existing one and all the approaches would have to be raised. Because of the piers replacement, it is very likely that the Bureau of Land Management and the Corps of Engineers will require a full blown Biological Assessment. It is estimated that the permitting process could take from four months (best scenario) up to 9-12 months (worst case). It is expected that the bridge will cost $821,122 to replace. However, the cost of steel has gone up 50% in the last 18 months and could go higher. So far the County has spent $136,431.77 towards the replacement of the bridge. It is also estimated that construction could take ten months provided that the environmental permit process goes smoothly. The Board members stressed that this bridge must be built as soon as possible and would appreciate a rapid conclusion to this reconstruction project. Mr. John MacKinnon, Deputy County Attorney, stated that a meeting with Rinker will be held within a few weeks to discuss the reimbursement of costs faced by the County to replace the bridge. Supervisor Newman made a motion, which was seconded by Supervisor Thompson, to authorize staff to direct the consulting engineer to prepare a final design for a one-lane, steel-struss bridge in the same location as the old bridge and to hire a firm to prepare the environmental documentation as required by the Corps of Engineers, the Fish and Wildlife Department and the Bureau of Land Management. The motion unanimously carried.
Planning & Zoning
Item 8-Dream Catcher Subdivision Settlement agreement between the County of Cochise and David and Lynda Stephenson including the second controlled escrow agreement for the resolution of disputes arising from certain developments on Dream Catcher Way-During a Board meeting held on February 24, 2004, the Board directed staff to meet with Mr. David Stephenson and the residents of the Dream Catcher Subdivision to decide on the appropriate improvements to be made with the $35,000 set aside for this purpose. Dream Catcher Subdivision (Six lots) is located north of Avenida Cochise and west of Highway 92. A meeting was held on March 4, 2004 and the proposed agreement represents a reasonable compromise. However, because of the current state of development of this subdivision, it was not possible to bring it into full compliance with all the rules and regulations that would normally apply to a new subdivision. The agreement stipulates that the funds will be transferred to an escrow agent who will pay based on the payment schedule as specified in the agreement and upon authorization by the Planning Director. It also states that once the work is completed any remaining funds will be released to the Stephensons who, in turn, shall dismiss their third party complaint against the County. Four areas of improvements are covered by the agreement as listed below. Mr. and Mrs. Stephenson are responsible for arranging for the performance of and completion of all the designated work. The County will inspect the work performed and will release the designated amount according to the payment schedule as appropriate. If the agreed upon work is not performed within 90 days, the funds will be released to the County. The County will not be responsible for maintenance of the road improvements as the road still remains a "private road"-Road Improvements ($10,000); Drainage Improvements ($4,000); Bollards ($2,000); Block wall on the west side of the utility box ($500); Little Hill Culvert Improvements ($3,000)
Deputy County Attorney John MacKinnon explained that it is a fair resolution to a difficult situation. It should be noted that not all the residents of the subdivision are in agreement with the proposed improvements. Floodplain Engineer Scott Dalrymple stated that the safety issues are being addressed and expressed his belief that it is a fair solution. Mr. Dalrymple stated that the County could not perform this work under present regulations for $35,000. Chairman Call summarized the concerns of Mr. and Mrs. Leinfiesta (Parcel 105-16-21A) located on Little Hill Lane who could not be present. The grading on Dream Catcher/Bowser Lane has created a steep droff off (2.5 ft) on the eastern property boundary and future soil erosion will undermine the fencing. It is estimated that it will cost $1,000 to fix this problem (remove the fence, grade the soil that the fence can be reinstalled on flat land). Dr. David Bowser stated his strong concern about the drainage as the way it is designed will result in the water going right over his property. Ms. Annette Gerhardt, Attorney at law representing Buck Lewis Engineering, stated that under this agreement the firm of Buck Lewis does not receive payment for the work performed by this firm and funds should remain in an escrow account until all claims are satisfied. Mr. David Stephenson indicated his willingness to resolve the situation and would be willing to help with the fencing problem faced by the Leinfiesta. Mr. Stephenson believed that Mr. Bowser created the drainage problem by grading another road. Mr. Stephenson stated that all the improvements should be done within a few weeks . Mr. Stephenson also stated that once all the improvements are finalized, it is his intent to pay Buck Lewis Engineering for the amount due. Chairman Call specifically asked Mr. Stephenson if he would be willing to rectify the issue with the fencing. Mr. Stephenson responded that in the interest of "getting everything done" he would agree to this amendment. Chairman Call made a motion, which was seconded by Supervisor Newman, to add the fence repair to the scope of work of the proposed agreement.
Result of the motion: Chairman Call voted YES, Supervisor Newman voted YES, Supervisor Thompson voted NO. The motion carried by two votes.
Mr. MacKinnon stated that this amendment to the proposed agreement should be better defined. Upon reflection, Supervisor Newman made another motion, which was seconded by Supervisor Thompson to rescind the first motion.
Result of the motion: Chairman Call voted NO, Supervisor Newman voted YES, Supervisor Thompson voted YES - The motion passed by two votes.
Supervisor Thompson made a motion, which was seconded by Supervisor Newman, to approve the settlement agreement between the County and David and Linda Stephenson including the second controlled escrow agreement for the resolution of disputes arising from certain developments on Dream Catcher Way and authorize the Chairman to sign. The motion unanimously carried.
Public Hearings
Highways and Floodplain
Item 9(Tabled Item)-ADOPTION OF RESOLUTION NO. 04-____ ESTABLISHING CAVE CREEK ROAD AND S. ROCKHOUSE ROAD AS DECLARED COUNTY HIGHWAYS. PUBLIC HEARING AT 2:00 P.M-This item was removed from the table. The Highway Department recently became aware that Cave Creek Road and the northern portion S. Rockhouse Road were upgraded to a chip sealed surface without being declared as County Highways. In order to clarify the record, the Highway Department is requesting this establishment. Cave Ceek is maintained by the County from the Forest Service Boundary to Portal Road (0.5 miles). S. Rockhouse Road is also maintained by the County from Portal Road south a distance of 0,04 miles. The Highway Department is also requesting that the balance of the road (0.07 miles) and terminating at the north line of the School District property be included in this declaration. The length of this segment is 592.17 feet The residents of Portal were notified of this pending action and no negative input has been received at this time. Chairman Call indicated that this was a public hearing and invited any member of the audience to address the Board. No one responded. Supervisor Newman made a motion, which was seconded by Supervisor Thompson, to adopt Resolution No. 04-16 establishing Cave Creek Road and S. Rockhouse Road as declared County Highways. The motion unanimously carried.
ITEMS FOR DISCUSSION/GUIDANCE/POTENTIAL ACTION
Board of Supervisors
Item 10-FY 04-05 Budget Update - No report was made under this item.
Item 11-State and Federal Legislation-Supervisor Newman indicated that he is working with the Counties' Supervisors Assocation to have an Arizona Department of Commerce staff member residing in Southeastern Arizona to promote economic development of the area.
SUMMARY ON CURRENT EVENTS BY BOARD MEMBERS:
Item 12
REPORT BY SUPERVISOR PATRICK CALL, DISTRICT NO. 1
REPORT BY SUPERVISOR PAUL NEWMAN, DISTRICT NO. 2
REPORT BY SUPERVISOR LESLIE THOMPSON, DISTRICT NO. 3
Chairman Call and Supervisor Thompson did not provide a report under this item. Supervisor Newman indicated that the "Wildcat" bill going through the Legislature has been put on hold.
Item 13-REPORT BY PUBLIC INFORMATION OFFICER AND BOARD BROADCAST DIRECTION-Public Information Officer Karla Jensen gave a summary of her weekly activities. The Board discussed the subject of the next Board Broadcast and decided that it would be dedicated to an update on the Cochise Combined Health Trust.
There being no further business, Chairman Call declared the meeting adjourned. The next Cochise County Board of Supervisors' Meeting will be held on Tuesday, April 06, 2004 at 02:00 p.m. in the Board of Supervisors' Temporary Hearing Room located at 1272 Hereford Road, Bisbee.
APPROVED: Patrick Call, Chairman
ATTEST: Nadine Parkhurst, Clerk of the Board
(SUPPORTING DOCUMENTATION IS AVAILABLE AT THE BOARD OF SUPERVISORS' OFFICE)
Publish: May 5, 2004
Arizona Range News
cochise county board of supervisors
TUESDAY, march 23, 2004
A regular meeting of the Cochise County Board of Supervisors was held at 02:00 P.M. on March 23, 2004 in the Board of Supervisors Temporary Hearing Room, 1272 Hereford Road, Bisbee, Arizona. In attendance were Patrick Call, Chairman; Paul Newman, Vice Chairman; Leslie Thompson, Member; Jody Klein, County Administrator; John MacKinnon, Deputy County Attorney and Nadine Parkhurst, Clerk of the Board.
ANY ITEM ON THIS AGENDA IS OPEN FOR DISCUSSION AND POSSIBLE ACTION
PLEDGE OF ALLEGIANCE
APPROVAL OF THE AGENDA
THE ORDER OF DELETION OF ANY ITEM ON THIS AGENDA IS SUBJECT TO MODIFICATION AT THE MEETING
ROLL CALL - The three board members were present.
CALL TO THE PUBLIC (MATTERS RELATED TO COUNTY GOVERNMENT - LIMIT OF 3 MINUTES PER PERSON OR AT THE DIRECTION OF THE CHAIRMAN) - Chairman Call indicated that this was the time for anyone to address the Board on issues not listed on the agenda. No one responded.
REPORT BY MR. JODY KLEIN, COUNTY ADMINISTRATOR ON RECENT AND PENDING COUNTY MATTERS-County Administrator Jody Klein explained that the Combined Health Trust is in the "black" financially. After discussions and upon advice of the Health Consultant for the Trust, the members agreed to propose a 10.5% increase in health premiums. Additionally, the members agreed to offer some tests without deductible such as hearing tests and colonoscopy. Mr. Klein mentioned that the Upper San Pedro Staff Working Group is reviewing all the requirements for Section 321 reporting. Mr. Klein also indicated that a meeting will take place with Graham County to explore interconnectivity issues for data.
Consent
Board of Supervisors
Item 1-APPOINTMENT OF THE FOLLOWING AS REPUBLICAN PRECINCT COMMITTEEPERSONS: JESUS "BEN" LUCERRO, DO CARLSON #15; ROGER BECK, SV COLLEGE #42; HEATHER HENDRICKS, SV FORT #45; DON PENNEY, SV COLLEGE #42
Item 2
APPROVAL OF MINUTES OF REGULAR BOARD MEETING OF MARCH 9, 2004
Finance
Item 3
DEMANDS-Warrant No. 12296 through 12624 were issued from the following fund lines in the amount of $1,585,145.19. No voided warrants.
ISSUED WARRANTS; Fund 100 General Fund $500,366.78; Fund 103 Document Storage-Recorder $1,535.84; Fund 105 Bisbee/Douglas Airport $3,243.42; Fund 109 Fleet Mgmt $78,613.61; Fund 113 Taxpayer's Info Fund $900.00; Fund 115 BOS Grants $2,237.00; Fund 116 Tourism $1,800.00; Fund 121 Attorney Victim Compensation $3,737.70; Fund 124 Attorney Anti-Racketeering $3,747.08; Fund 126 Attorney Juv Vict Rights $138.45; Fund 143 Detention Education (Juvenile) $423.24; Fund 147 Adult Prob. Svcs. Fee $231.84; Fund 151 Law Library $762.61; Fund 155 Diversion Intake $152.86; Fund 164 Judicial Collections $36.08; Fund 171 County Library $4,266.47; Fund 172 State Grt in Aid 04-A-2 $751.85; Fund 192 J.T.P.A. $71,313.00; Fund 203 Jail Enhancement $6.07; Fund 209 LE Block Grant $7,226.74; Fund 222 Office of Bio Terrorism $1.40; Fund 223 Maternal & Child Health $47.76; Fund 224 Diabetes Educator $375.00; Fund 228 W.I.C. Grant $75.00; Fund 229 Steps Along the Brdr Init $46.67; Fund 232 Family Planning $55.77; Fund 234 TB Control $117.07; Fund 237 Health S.T.D. Grant $44.51; Fund 239 SEAGO Case Mgmt $5.82; Fund 241 HIV Outpatient Svcs $554.93; Fund 243 Immunization Program $550.97; Fund 251 Public Works $190,204.76; Fund 261 Flood Control District $15,803.00; Fund 278 Small Schools $29.90; Fund 279 Education Service Agency $4,265.74; Fund 286 Title II-Impr Teacher Qua $1,356.52; Fund 287 Reading First Program $1,186.14; Fund 400 County Capital Projects $106,280.24; Fund 501 County Group Health $1,872.85; Fund 505 Solid Waste $35,378.46; Fund 508 Cochise Health Systems $537,736.32; Fund 540 Drug Treatment Education $13.06; Fund 549 Probate Fees $200.00; Fund 551 Title I Juv Education $725.00; Fund 554 JCRF CAB $2,299.61; Fund 557 Domestic Violence TF $4,105.13; Fund 585 CASA Grant $60.00; Fund 601 Computer Replacement Program $262.92 = TOTAL $1,585,145.19
Purchasing
Item 4-for Highway and Floodplain Department - Award of Invitation for Bids 3304 Naco Highway Overlay
Item 5-Purchasing for Health Department - award of Request for Proposals 5104 Family Planning Services-Supervisor Newman made a motion, which was seconded by Supervisor Thompson, to approve Item No I through Item No. 5 of the Consent Agenda. The motion unanimously carried.
Action
Board of Supervisors
Item 6-Approval of Amendment No. 5 for Professional Services Contract #4799 for engineering and construction management services for the rehabilitation of Runway 17-35 at the Bisbee-Douglas International Airport.-The current condition of the main runway at Bisbee-Douglas International (BDI) is poor. Without major rehabilitation in the near future, the surface will continue to deteriorate to a point where aircraft can no longer use it. The runway shoulders have thick weeds and desert vegetation in some places.
The Federal Aviation Administration (FAA) has allocated up to $1.5M for the rehabilitation of the runway, taxiway and electrical and runway lighting improvements. The total cost of the project is estimated at $1,260,000 with FAA share $1,200,000, $30,000 State share and $30,000 County share. The Board took the position that not repairing this runway would affect businesses at BDI and the economic development of the area. Supervisor Thompson made a motion, which was seconded by Supervisor Newman, to approve Amendment No. 5 for professional services contract No. 4799 and authorize the Chairman to sign all contract related documents. The motion unanimously carried.
Highways and Floodplain
Item 7-Update on the Hereford Road Bridge test results of the
piers and abutments and formal direction to staff as to
the re-building concept.-The geotechnical testing on the Hereford Bridge was done. The data was analyzed by an engineering firm which determined that the piers do not meet current standards. The abutments appear to have adequate load capacity to support a new bridge but the engineers are still conducting seismic tests to ascertain the integrity of the pilings. The draft conceptual design for the one-lane bridge, steel-truss bridge in the same location has been drafted by the engineers. A steel struss bridge would be more expensive than a concrete bridge ($120 sq ft versus $80). However, the difference in cost would most likely be absorbed by the fact that the concrete bridge would be higher than the existing one and all the approaches would have to be raised. Because of the piers replacement, it is very likely that the Bureau of Land Management and the Corps of Engineers will require a full blown Biological Assessment. It is estimated that the permitting process could take from four months (best scenario) up to 9-12 months (worst case). It is expected that the bridge will cost $821,122 to replace. However, the cost of steel has gone up 50% in the last 18 months and could go higher. So far the County has spent $136,431.77 towards the replacement of the bridge. It is also estimated that construction could take ten months provided that the environmental permit process goes smoothly. The Board members stressed that this bridge must be built as soon as possible and would appreciate a rapid conclusion to this reconstruction project. Mr. John MacKinnon, Deputy County Attorney, stated that a meeting with Rinker will be held within a few weeks to discuss the reimbursement of costs faced by the County to replace the bridge. Supervisor Newman made a motion, which was seconded by Supervisor Thompson, to authorize staff to direct the consulting engineer to prepare a final design for a one-lane, steel-struss bridge in the same location as the old bridge and to hire a firm to prepare the environmental documentation as required by the Corps of Engineers, the Fish and Wildlife Department and the Bureau of Land Management. The motion unanimously carried.
Planning & Zoning
Item 8-Dream Catcher Subdivision Settlement agreement between the County of Cochise and David and Lynda Stephenson including the second controlled escrow agreement for the resolution of disputes arising from certain developments on Dream Catcher Way-During a Board meeting held on February 24, 2004, the Board directed staff to meet with Mr. David Stephenson and the residents of the Dream Catcher Subdivision to decide on the appropriate improvements to be made with the $35,000 set aside for this purpose. Dream Catcher Subdivision (Six lots) is located north of Avenida Cochise and west of Highway 92. A meeting was held on March 4, 2004 and the proposed agreement represents a reasonable compromise. However, because of the current state of development of this subdivision, it was not possible to bring it into full compliance with all the rules and regulations that would normally apply to a new subdivision. The agreement stipulates that the funds will be transferred to an escrow agent who will pay based on the payment schedule as specified in the agreement and upon authorization by the Planning Director. It also states that once the work is completed any remaining funds will be released to the Stephensons who, in turn, shall dismiss their third party complaint against the County. Four areas of improvements are covered by the agreement as listed below. Mr. and Mrs. Stephenson are responsible for arranging for the performance of and completion of all the designated work. The County will inspect the work performed and will release the designated amount according to the payment schedule as appropriate. If the agreed upon work is not performed within 90 days, the funds will be released to the County. The County will not be responsible for maintenance of the road improvements as the road still remains a "private road"-Road Improvements ($10,000); Drainage Improvements ($4,000); Bollards ($2,000); Block wall on the west side of the utility box ($500); Little Hill Culvert Improvements ($3,000)
Deputy County Attorney John MacKinnon explained that it is a fair resolution to a difficult situation. It should be noted that not all the residents of the subdivision are in agreement with the proposed improvements. Floodplain Engineer Scott Dalrymple stated that the safety issues are being addressed and expressed his belief that it is a fair solution. Mr. Dalrymple stated that the County could not perform this work under present regulations for $35,000. Chairman Call summarized the concerns of Mr. and Mrs. Leinfiesta (Parcel 105-16-21A) located on Little Hill Lane who could not be present. The grading on Dream Catcher/Bowser Lane has created a steep droff off (2.5 ft) on the eastern property boundary and future soil erosion will undermine the fencing. It is estimated that it will cost $1,000 to fix this problem (remove the fence, grade the soil that the fence can be reinstalled on flat land). Dr. David Bowser stated his strong concern about the drainage as the way it is designed will result in the water going right over his property. Ms. Annette Gerhardt, Attorney at law representing Buck Lewis Engineering, stated that under this agreement the firm of Buck Lewis does not receive payment for the work performed by this firm and funds should remain in an escrow account until all claims are satisfied. Mr. David Stephenson indicated his willingness to resolve the situation and would be willing to help with the fencing problem faced by the Leinfiesta. Mr. Stephenson believed that Mr. Bowser created the drainage problem by grading another road. Mr. Stephenson stated that all the improvements should be done within a few weeks . Mr. Stephenson also stated that once all the improvements are finalized, it is his intent to pay Buck Lewis Engineering for the amount due. Chairman Call specifically asked Mr. Stephenson if he would be willing to rectify the issue with the fencing. Mr. Stephenson responded that in the interest of "getting everything done" he would agree to this amendment. Chairman Call made a motion, which was seconded by Supervisor Newman, to add the fence repair to the scope of work of the proposed agreement.
Result of the motion: Chairman Call voted YES, Supervisor Newman voted YES, Supervisor Thompson voted NO. The motion carried by two votes.
Mr. MacKinnon stated that this amendment to the proposed agreement should be better defined. Upon reflection, Supervisor Newman made another motion, which was seconded by Supervisor Thompson to rescind the first motion.
Result of the motion: Chairman Call voted NO, Supervisor Newman voted YES, Supervisor Thompson voted YES - The motion passed by two votes.
Supervisor Thompson made a motion, which was seconded by Supervisor Newman, to approve the settlement agreement between the County and David and Linda Stephenson including the second controlled escrow agreement for the resolution of disputes arising from certain developments on Dream Catcher Way and authorize the Chairman to sign. The motion unanimously carried.
Public Hearings
Highways and Floodplain
Item 9(Tabled Item)-ADOPTION OF RESOLUTION NO. 04-____ ESTABLISHING CAVE CREEK ROAD AND S. ROCKHOUSE ROAD AS DECLARED COUNTY HIGHWAYS. PUBLIC HEARING AT 2:00 P.M-This item was removed from the table. The Highway Department recently became aware that Cave Creek Road and the northern portion S. Rockhouse Road were upgraded to a chip sealed surface without being declared as County Highways. In order to clarify the record, the Highway Department is requesting this establishment. Cave Ceek is maintained by the County from the Forest Service Boundary to Portal Road (0.5 miles). S. Rockhouse Road is also maintained by the County from Portal Road south a distance of 0,04 miles. The Highway Department is also requesting that the balance of the road (0.07 miles) and terminating at the north line of the School District property be included in this declaration. The length of this segment is 592.17 feet The residents of Portal were notified of this pending action and no negative input has been received at this time. Chairman Call indicated that this was a public hearing and invited any member of the audience to address the Board. No one responded. Supervisor Newman made a motion, which was seconded by Supervisor Thompson, to adopt Resolution No. 04-16 establishing Cave Creek Road and S. Rockhouse Road as declared County Highways. The motion unanimously carried.
ITEMS FOR DISCUSSION/GUIDANCE/POTENTIAL ACTION
Board of Supervisors
Item 10-FY 04-05 Budget Update - No report was made under this item.
Item 11-State and Federal Legislation-Supervisor Newman indicated that he is working with the Counties' Supervisors Assocation to have an Arizona Department of Commerce staff member residing in Southeastern Arizona to promote economic development of the area.
SUMMARY ON CURRENT EVENTS BY BOARD MEMBERS:
Item 12
REPORT BY SUPERVISOR PATRICK CALL, DISTRICT NO. 1
REPORT BY SUPERVISOR PAUL NEWMAN, DISTRICT NO. 2
REPORT BY SUPERVISOR LESLIE THOMPSON, DISTRICT NO. 3
Chairman Call and Supervisor Thompson did not provide a report under this item. Supervisor Newman indicated that the "Wildcat" bill going through the Legislature has been put on hold.
Item 13-REPORT BY PUBLIC INFORMATION OFFICER AND BOARD BROADCAST DIRECTION-Public Information Officer Karla Jensen gave a summary of her weekly activities. The Board discussed the subject of the next Board Broadcast and decided that it would be dedicated to an update on the Cochise Combined Health Trust.
There being no further business, Chairman Call declared the meeting adjourned. The next Cochise County Board of Supervisors' Meeting will be held on Tuesday, April 06, 2004 at 02:00 p.m. in the Board of Supervisors' Temporary Hearing Room located at 1272 Hereford Road, Bisbee.
APPROVED: Patrick Call, Chairman
ATTEST: Nadine Parkhurst, Clerk of the Board
(SUPPORTING DOCUMENTATION IS AVAILABLE AT THE BOARD OF SUPERVISORS' OFFICE)
Publish: May 5, 2004
Arizona Range News
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| April 6, 2004 |
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