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MAY 2, 2006 FORMAL BOARD MEETING


Published: Tuesday, June 13, 2006 7:15 PM CDT
PROCEEDINGS OF THE COCHISE COUNTY BOARD OF SUPERVISORS

FORMAL BOARD MEETING HELD 0N

TUESDAY, MAY 2, 2006

A regular board meeting of the Cochise County Board of Supervisors was held on Tuesday, May 2, 2006 at 9 a.m. in the Board of Supervisors' Hearing Room, 1415 Melody Lane, Building G, Bisbee, Arizona. In attendance were Patrick Call, Chairman; Paul Newman, Vice-Chairman; Richard Searle, Member; Jody Klein, County Administrator; Jim Vlahovich, Deputy County Administrator; Charles Irwin, Deputy County Attorney; Katie Howard, Clerk of the Board.


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

ROLL CALL - Chairman Call, Vice-Chairman Newman and Supervisor Searle were in attendance.

NEW HIRE CEREMONY - The Aging and Social Services' Director Mary Gomez introduced Carol Bishop, Case Manager; the Cochise County Attorney Ed Rheinheimer introduced new attorneys Lyle Riggs and Ronald Zack; Health Department's Health Promotion and Education Services Division Director Carol Moore introduced Cheryl Walling, Health Educator; Juvenile Court Services Director Myrtle Young introduced Curtis Washington, Jr., Probation Officer; Linda Weiland from Planning and Zoning introduced Christopher Saylor, Zoning Inspector; Ron Durgin from Planning and Zoning introduced Dave Estelle, Building Inspector; School Superintendent Trudy Berry introduced Catherine Lohrengel, Administrative Assistant, Melissa Schaefer, Secretary, and Shawnee Vasquez, Grants Administrator and Lt. M. Wirthlin from the Sheriff's Office introduced Alan McDonald, Counselor. The members of the Board of Supervisors welcomed the new employees to Cochise County.

CALL TO THE PUBLIC (MATTERS RELATED TO COUNTY GOVERNMENT - LIMIT OF 3 MINUTES PER PERSON OR AT THE DIRECTION OF THE CHAIRMAN) - Chairman Call opened the Call to the Public. No one present wished to address the Board and Chairman Call closed the Call to the Public.

REPORT BY MR. JODY KLEIN, COUNTY ADMINISTRATOR ON RECENT AND PENDING COUNTY MATTERS - Mr. Klein reported that the Cochise Health Systems and Cochise Aging and Social Services (CASS) submitted an application to be the long-term care provider for the counties of Cochise, Graham and Greenlee and he was advised on Monday that they were awarded the bid. He stated that he, Supervisor Searle and several members of the County Attorney's Office would be meeting with Judge Conlogue Tuesday afternoon on the old Pearce Townsite property. In addition, the Upper San Pedro Partnership (USPP) Advisory Commission will be meeting on Wednesday to review Executive Director candidates; this will be followed by a meeting of the USPP Executive Committee. He reminded the Board that the Highway & FloodPlain Work Plan would be reviewed next week during a Board Work Session and also indicated that they were continuing with the budget process.

CONSENT

BOARD OF SUPERVISORS

ITEM 1 - APPROVE APPOINTMENT OF MR. EMERY SILVESTER TO THE COCHISE COUNTY LOCAL WORKFORCE INVESTMENT BOARD EFFECTIVE MAY 2, 2006 FOR A TWO YEAR TERM ENDING MAY 3, 2008

ITEM 2 - APPROVE THE MINUTES OF THE FORMAL BOARD MEETING OF APRIL 25, 2006.

COCHISE AGING AND SOCIAL SERVICES

ITEM 3 - APPROVE PROCLAMATION AS PRESENTED BY COCHISE AGING AND SOCIAL SERVICES TO DESIGNATE MAY 2006 AS OLDER AMERICANS MONTH IN COCHISE COUNTY.

COURT ADMINISTRATION

ITEM 4 - APPROVE THE INTERGOVERNMENTAL AGREEMENT (IGA) FOR THE PROPOSED COURT CONSOLIDATION BETWEEN THE CITY OF BISBEE MAGISTRATE AND JUSTICE COURT PRECINCT ONE.

FINANCE

ITEM 5 - DEMANDS

Warrant No. 13750 through 14073 were issued in the amount of $494,932.93 Voided warrants listed below. VOIDED WARRANTS: Fund 251--Warrant # 9638; Mahaney, Jamie-$72.00; Fund 100--Warrant # 2252; Cornelia Munoz-$48.19; Fund 505--Warrant # 13250; Cochise Lock & Safe-$861.59; Fund 100--Warrant # 12746; Vista Inn-$130.00; Fund 100--Warrant # 12747; Vista Inn-$87.15. 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

ITEM 6- APPROVE AMENDMENT #4, TO CONTRACT #HG354374, TOBACCO EDUCATION & PREVENTION PROGRAM (TEPP) BETWEEN THE ARIZONA DEPARTMENT OF HEALTH SERVICES AND THE COCHISE COUNTY HEALTH DEPARTMENT. Vice-Chairman Newman made a motion to approve Consent Agenda Items 1through 6. The motion was seconded by Supervisor Searle and carried unanimously.

ACTION

BOARD OF SUPERVISORS

ITEM 7-APPROVE A DELAY IN THE IMPLEMENTATION OF PHASE 2 OF THE COCHISE COUNTY BUILDING CODE UNTIL APPROXIMATELY JULY 6, 2006 TO COINCIDE WITH THE EFFECTIVE DATE OF ADOPTION OF REVISIONS TO THE CODE RELATIVE TO RESIDENTIAL OWNER-BUILDER CONSTRUCTION IN THE RURAL AREAS OF THE COUNTY SCHEDULED FOR BOARD CONSIDERATION ON JUNE 6, 2006. A motion was made by Supervisor Searle and seconded by Vice-Chairman Newman, that the Board approve a delay in the implementation of Phase 2 of the Cochise County Building Code until approximately July 6, 2006 to coincide with the effective date of adoption of revisions to the code relative to residential owner-builder construction in the rural areas of the County scheduled for Board consideration on June 6, 2006. Deputy County Administrator, Mr. Jim Vlahovich recapped recent history on this matter for the Board, saying that Phase 2 had originally been scheduled to take effect on April 1, 2006, but was delayed until April 25, 2006 to coincide with the owner-builder issue which had been scheduled for the Planning Commission meeting on April 12, 2006. However, the Planning Commission tabled the item until their meeting on May 10, 2006; therefore, the question before the Board today is whether to again delay the implementation of Phase 2 to coincide with resolution of the owner-builder issue to be considered at the May 10, 2006 Planning Commission meeting. He stated that he had no real concern with delaying until July 6, 2006. Assuming that the Planning Commission will bring a recommendation to the Board on June 6, 2006 for a Public Hearing, he mentioned that the implementation would be effective 30 days after Board action. However, he advised against delaying Phase 2 implementation beyond July 6, 2006, stating that the owner-builder construction is only a small subset of the construction addressed by Phase 2. He reminded the Board that Phase 2 includes all commercial construction and all other residential construction, except for that in RU-4 zoning districts. He said that it does make some sense to have the two issues decided at the same time and pointed out that the July 6, 2006 date is only three months beyond the originally-planned implementation date. He emphasized that the Building Code is important for health and safety and that the longer Phase 2 implementation is delayed, new commercial and residential construction permits are received. Discussion among the Board members followed during which concerns were raised about imperfections in the Building Code, the thoroughness of the internal evaluation of Phase 1 and how the policy affect the safety of residents. There was agreement that the Building Code was needed for commercial and sub-division construction, but less agreement about how much risk was faced in rural areas. A motion was made by Supervisor Searle and seconded by Vice-Chairman Newman, that the Board amend the original motion to delay the Cochise County Building Code implementation for residential permits only, in all categories, for Phase 2. The motion failed: Ayes: 0, Noes: 2, Abstain: 1 (Newman). The Deputy County Attorney was consulted and advised that if the Board was proposing to exempt only rural residential properties today, but to allow the implementation of the remainder of Phase 2 to take effect, as set forth in the Ordinance, that would be appropriate action for the Board to take without having to send the entire matter back to the Planning Commission. He also advised that the County Attorney's Office has received correspondence indicating that there may be a challenge to any Board action as to whether the Board has the authority to enter an exemption for rural owner-builders. He said that the challenger has hired an attorney from Tucson and has put the County on notice that they will fight such an exemption. Following additional discussion, a motion was made by Supervisor Searle and seconded by Vice-Chairman Newman, that the Board amend the original motion to delay the Cochise County Building Code permit requirements on rural residential properties in Category D only, until July 6, 2006. The motion carried unanimously. Chairman Call then called for the vote on the original motion: that the Board approve a delay in the implementation of Phase 2 of the Cochise County Building Code until approximately July 6, 2006 to coincide with the effective date of adoption of revisions to the code relative to residential owner-builder construction in the rural areas of the County scheduled for Board consideration on June 6, 2006. Result of vote: Motion carried 2-1 (Newman opposed).

ITEM 8

COUNTY BUDGET UPDATE-GUIDANCE AND DIRECTION ON: 1. EMPLOYEE DEPENDENT COVERAGE INCREASED COSTS.

2. BUDGET PROCESS WITH DEPARTMENT HEADS AND ELECTED OFFICIALS. Mr. Klein indicated that he and Finance are nearing the end of the department budget meetings and are preparing to move to the next step, which is to put the entire budget together. He informed the Board that there are two issues that have come up and he would like to get direction from the Board about these: Group Health Trust rates, he reported, have gone up about 10%. He pointed out that today is the first day of Open Enrollment which is the first day that employees can elect to add, continue or drop coverage for a spouse, children or family coverage. He provided some background information about the rates, reporting that employee coverage for the 641 covered employees in the County is currently $4,758 per year (paid in full by the County and will increase to $5,083 per employee, per year. Children's coverage is currently $1,431 and will increase by $216 to $1,648 per year. Spouse-only coverage is $2,358 and would increase $356 to $2,700 per year. Family coverage, which is currently $3,549, will increase $526 to $4,075. Total increases in dependent care costs, he stated, are $54,000 to the General Fund and another $46,000 to Special Revenue Funds. He advised that comparative rate sheets are being distributed to allow employees to indicate their election in the event that the County pays for the dependent care cost increase or in the event that the employee has to pick up the cost. He reminded the Board that in three of the past four years when the County has experienced increases in dependent care costs, the County has paid for those costs in a net amount of $154,000. He pointed out that if this year's increase is funded by the Board, it would benefit 167 employees with child coverage, another 113 with spouse-only coverage and 86 additional employees with family coverage. He also advised that if this increase is funded by the Board, there is less available for other budget requests and other salary and benefit costs. Following a brief discussion, the Board agreed that it would be useful to determine how many employees are changing dependent coverage in light of the increases and to identify how critical this portion of overall compensation is to employees. Mr. Klein indicated that in light of the Board's discussion, the Open Enrollment process would continue

HEALTH

ITEM 9 - (Tabled Item) APPROVE NEW CONTRACT IGA #CJ-IGA-06-6273-01, CHILDREN'S JUSTICE PROJECT (CJP) GRANT BETWEEN THE STATE OF ARIZONA - GOVERNOR'S OFFICE FOR CHILDREN, YOUTH AND FAMILIES, DIVISION FOR WOMEN AND THE COCHISE COUNTY HEALTH DEPARTMENT. Vice-Chairman Newman made a motion to remove the item from the table; Supervisor Searle seconded and the motion carried unanimously. Vice-Chairman Newman made a motion that the Board approve the new contract IGA #CJ-IGA-06-6273-01, Children's Justice Project (CJP) Grant between the State of Arizona - Governor's Office for Children, Youth and Families, Division for Women and the Cochise County Health Department. Supervisor Searle seconded the motion. The presentation was made Ms. Renee Lee, Program Coordinator for Adolescent and Maternal Child Health who provided an overview for the Board. She advised that the Children's Justice Project (CJP) is a State initiative based on Federal monies obtained through felon reimbursement. The mission of the local CJP, she stated, is to increase collaboration and training among local professionals to better handle child abuse cases. She advised the Board that the issues faced by Cochise County are different than other counties because of border issues, for which she provided case statistics. Ms. Lee stressed that the most important facet of the IGA is that it provides professional training for Sheriff's Department personnel and other personnel involved in investigating child abuse cases. The Health Department would like to fully implement the Children's Justice Project in Cochise County as we are a neutral agency and the project is essential based on the needs stated above. We have been meeting since June 30th, 2006 and 11 agencies are involved in the project. In addition to providing free training to local professionals, an important goal of the CJP is having a Family Advocacy Center in Cochise County. Result of the vote: the motion carried unanimously.

STATE AND FEDERAL LEGISLATION

ITEM 10 - STATE AND FEDERAL LEGISLATION: DISCUSSION, STRATEGY AND/OR GUIDANCE/DIRECTION ON CURRENT OR PENDING STATE OR FEDERAL LEGISLATIVE PROPOSALS/BILLS AND COCHISE COUNTY'S POSITION THEREON, TO INCLUDE:

COUNTY SUPERVISORS' ASSOCIATION LEGISLATIVE AGENDA-HB2577--MAKES VARIOUS CHANGES TO THE STATE LAW REGARDING THE EMPLOYMENT OF UNAUTHORIZED WORKERS - Mr. Klein pointed out that this bill has a number of provisions making it a crime for employers to hire, or to knowingly continue to hire illegal immigrants. He stated that the interesting part that County Supervisors' Association (CSA) objects to is that the County Attorney can become the enforcer for the provisions of this bill and if the County Attorney makes a mistake, they have to indemnify the employer and pay attorneys fees and costs to the employer, thus creating additional risk for the County. He suggested that this would probably be a topic of discussion at the CSA-LPC this week. HB2387--ENABLES A CITY, TOWN OR COUNTY TO ADOPT AN ORDINANCE ALLOWING LOCAL LAW ENFORCEMENT OFFICERS TO PREVENT A MINOR FROM ENTERING MEXICO - Mr. Klein advised the Board that this bill is discretionary, rather than mandatory. TRUTH-IN-TAXATION (TNT) BILLS--HB2685, SB1289 & SB1478 - Mr. Klein reported that there is not too much change with this issue at this point except that, rather than requiring an election to increase the tax rate, the effect of the TNT bills would be to actually freeze the tax rate.

SUMMARY ON CURRENT EVENTS BY STAFF AND BOARD MEMBERS:

ITEM 11-BUDGET UPDATE - Mr. Klein indicated that this item was covered by Item #8.

ITEM 12

REPORT BY SUPERVISOR PATRICK CALL, DISTRICT NO. 1 - Chairman Call reported that there is a vigorous development effort for affordable housing in the Fry Townsite area that may be the catalyst to stimulate growth in that neighborhood and that he would keep the Board apprised of progress. He advised that he would be attending the Statewide Water Advisory Council meeting in Phoenix on Friday and also mentioned a meeting to be held on Thursday, between the County Attorney's Office, City Managers and Police Chiefs. REPORT BY SUPERVISOR PAUL NEWMAN, DISTRICT NO. 2 - Vice-Chairman Newman announced the Hereford Bridge re-opening ceremony on Saturday at 10:00 a.m. He said he would also be attending a seminar on Open Meetings Law in Tucson on Friday and that the PBS station in Tucson had invited him to appear on Arizona Illustrated to discuss border issues on Friday evening. REPORT BY SUPERVISOR RICHARD SEARLE, DISTRICT NO. 3 - Supervisor Searle reported that this week will also be a busy week. He said that he will be making a presentation this Thursday at the Benson School Board meeting regarding the Montana methamphetamine project and on Friday would attend Benson's Small Area Transportation Plan meeting. On Saturday, in addition to the Hereford Bridge re-opening, he would be attending a grand opening of the Bowie Youth Center. Chairman Call advised attendees that the Special Board Meeting scheduled Tuesday at 10:30 a.m. had been cancelled. There being no further business before the Board, Chairman Call adjourned the meeting.

APPROVED: Patrick Call, Chairman

ATTEST: Katie Howard, Clerk of the Board

(SUPPORTING DOCUMENTATION IS AVAILABLE AT THE BOARD OF SUPERVISORS' OFFICE)

Cochise County Demands, May 2, 2006

Az State Hospital 4/25/2006 Total $12,768.00; Az Counties Insurance Pool 4/25/2006 #13586 $138,300.00; Az Supreme Court 4/25/2006 Total $6,855.82; LexisNexis Matthew Bender 4/25/2006 Total $1,237.19; Copper Queen Hospital 4/25/2006 Total $1,126.65; Douglas, City of 4/25/2006 Total $5,544.54; Empire S.W./Empire Machinery 4/25/2006 Total $10,679.19; Granite Construction Company 4/25/2006 Total $16,018.61; I-10 International Trucks 4/25/2006 Total $4,472.11; Maddux & Sons Inc 4/25/2006 Total $40,285.44; McGowan, Mark J. 4/25/2006 Total $5,671.47; Sierra Vista, City of 4/25/2006 Total $17,542.64; QWEST 4/25/2006 Total $1,638.04; Union Distributing Co /Tucson 4/25/2006 #13742 $22,946.84; West Group 4/25/2006 Total $1,708.77; Sulphur Springs Valley Electri 4/25/2006 #13732 $1,642.79; Bisbee Police Dept 4/25/2006 Total $12,856.42; Tombstone Marshal's Office 4/25/2006 #13694 $4,980.00; Hewlett-Packard Corp 4/25/2006 Total $2,376.71; University of Arizona 4/25/2006 Total $26,826.00; Douglas Police Department 4/25/2006 Total $4,180.00; Intelliquest Investigations 4/25/2006 #13631 $1,268.60; C M I 4/25/2006 Total $5,559.20; Purcell's Western State Tire 4/25/2006 #13680 $12,358.02; Catholic Community Services 4/25/2006 Total $1,426.87; Tucson Medical Center 4/25/2006 #13574 $9,300.00; Cochise Cnty Juvenile Court 4/25/2006 Total $3,157.03; Martinez, Frank 4/25/2006 Total $1,455.67; U S Postal Service 4/25/2006 #13720 $10,000.00; Southeastern Az Behavioral 4/25/2006 #13702 $31,800.00; Midwest Tape 4/25/2006 Total $1,055.23; Flores & Flores PC 4/25/2006 Total $3,814.67; Dregseth, Kenneth MD 4/25/2006 Total $1,011.89; Az Coalition for Victim Svcs 4/25/2006 Total $1,945.06; Matchett, Edward W. 4/25/2006 Total $2,630.40; Bonham, Marsha 4/25/2006 Total $4,290.59; AZ Counter-Drug Procurement 4/25/2006 Total $179,032.43; New Horizon HR 4/25/2006 Total $3,413.66; AFLAC 4/25/2006 Total $12,778.65; Davidson's Supply 4/25/2006 Total $4,419.38; Runion, Linda 4/25/2006 Total $3,151.17; Higgins, Thomas E. Jr. Esq. 4/25/2006 Total $1,781.20; White Mtn Tourism Solutions 4/25/2006 #13666 $1,200.00; Tsuya, Jean 4/25/2006 Total $1,176.25; Madarang, Desiree 4/25/2006 Total $1,013.34; Office of Vital Records 4/25/2006 Total $1,735.86; Greater Az Central Credential 4/25/2006 Total $1,717.49; Avesis 4/25/2006 #13719 $3,710.27; Southeast Az Surveyors 4/25/2006 #13721 $2,625.00; Kino Physicians Group 4/25/2006 Total $25,436.23; T.A. CAID 4/25/2006 #13655 $3,514.59; Housing Auth. of Cochise Cnty 4/25/2006 Total $13,351.60; Az Clipping Service 4/25/2006 Total $1,253.17; Cochise Enterprises, LLC 4/25/2006 Total $2,519.97; Bruce Silva, MD & Kenneth 4/25/2006 #13638 $1,800.00; Maples, Sherry 4/25/2006 Total $1,037.64; Frere, Floyd (Lou) 4/25/2006 Total $1,007.29;

Az Family Care Associates/AFCA 4/27/2006 Total $1,504.81; Benson Hospital Corporation 4/27/2006 Total $3,492.93; Copper Queen Hospital 4/27/2006 #13815 $4,393.54; Heart Felt Help 4/27/2006 #13847 $54,895.82; Sierra Vista Medical Investors 4/27/2006 #13823 $1,365.53; Northern Cochise Comm Hosp Inc 4/27/2006 Total $5,447.67; Ev Lutheran Good Samaritan Soc 4/27/2006 #13848 $1,868.29; Sierra Vista Regional Hlth Ctr 4/27/2006 #13866 $1,227.98; Bisbee, City of (Ambulance) 4/27/2006 Total $1,000.65; Kindred Nursing Ctrs West, LLC 4/27/2006 Total $4,958.19; Fry Fire District 4/27/2006 Total $1,123.17; Catholic Community Services 4/27/2006 Total $2,856.79; El Dorado Hospital 4/27/2006 Total $1,215.18; Kindred Hospital 4/27/2006 Total $21,589.65; Hanger Pros & Ortho West, Inc. 4/27/2006 Total $1,173.97; Mt Graham Community Hospital 4/27/2006 Total $3,624.16; Tucson Heart Group 4/27/2006 Total $2,162.10; Apria Healthcare Inc 4/27/2006 Total $1,425.55; Tucson Heart Hospital 4/27/2006 Total $2,265.80; Schilling, Jolyon M.D. 4/27/2006 Total $1,176.12; Community Healthcare of Dougla 4/27/2006 Total $7,199.35; Casa De Esperanza 4/27/2006 Total $3,428.15; Infinia at Douglas 4/27/2006 Total $3,523.16; Az World Express 4/27/2006 #13828 $17,808.50; Lifeline Systems, Inc. 4/27/2006 Total $1,027.46; Az Inpatient Medicine Assoc 4/27/2006 Total $1,029.98; Hearthstone of Sun City 4/27/2006 Total $16,077.55; Cochise Cnty Dialysis & Kidney 4/27/2006 Total $1,164.09;

Publish: June 14, 2006

Arizona Range News



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