RESOLUTION NO. 2007-13

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GRAHAM COUNTY BOARD OF SUPERVISORS) (SS.SAFFORD, AZ JULY 23, 2007 STATE OF ARIZONA, COUNTY OF GRAHAM) The Graham County Board of Supervisors met in a regular session this date with the following present: Mark C. Herrington James A. Palmer Drew John Terry Cooper Chairman Member Member Clerk Chairman Herrington called the meeting to order at 8:00 a.m. and led the Pledge of Allegiance. Upon motion of Supervisor John, seconded by Supervisor Palmer, the minutes of the Board Meeting and Work Session held on July 02, 2007 were unanimously approved. Superior Court Judge R. Douglas Holt, requested appointment of Rene Baca as the Chief Probation Officer. Upon motion by Supervisor John, seconded by Supervisor Palmer, the appointment was unanimously approved. Judge Holt, requested approval of Jerry Landau and Kenneth Fields as Pro Tempore Judges for the Graham County Superior Court. Upon motion by Supervisor Palmer, seconded by Supervisor John, the request was unanimously approved. County Manager Terry Cooper, on behalf of County Attorney Kenneth Angle, requested approval of the Crime Victim Assistance ACJC Grant Agreement. Upon motion by Supervisor John, seconded by Supervisor Palmer, the request was unanimously approved. County Manager Cooper, on behalf of Attorney Angle requested approval of the Crime Victim Compensation ACJC Grant Agreement. Upon motion by Supervisor Palmer, seconded by Supervisor John, the request was unanimously approved. Sheriff Hughes, requested approval of the ACJC Drug Grant Agreement. Upon motion by Supervisor Palmer, seconded by Supervisor John, the request was unanimously approved. Deputy Chief Adult Probation Officer Herman Andrews, requested approval of the Adult Probation budget FY 2008. Upon motion by Supervisor John, seconded by Supervisor Palmer, the request was unanimously approved. Deputy Chief Probation Officer Andrews, requested approval of a Limited Services contract with Brady Lee, LLC. Upon motion by Supervisor Palmer, seconded by Supervisor John, the contract was unanimously approved. Deputy Chief Juvenile Probation Officer Sandra Figueroa, requested approval of the Juvenile Probation Budget FY 2008. Upon motion by Supervisor Palmer, seconded by Supervisor John, the request was unanimously approved. County Engineer Michael Bryce, requested adoption of the revised Flood Damage Prevention Ordinance. The Board asked questions regarding different terms used in the new maps that will be adopted in September. Upon motion by Supervisor John, seconded by Supervisor Palmer, the Ordinance was unanimously adopted. Engineer Bryce, requested approval of Speed limit signs for Barney Lane. Upon motion by Supervisor Palmer, seconded by Supervisor John, the request was unanimously approved as recommended by the County Engineer. Elections Director Judy Dickerson, requested approval of an IGA with the Pima Unified School District to assist in the conduct of the School District Bond Election to be held on November 6, 2007. Upon motion by Supervisor John, seconded by Supervisor Palmer, the request was unanimously approved. Director Dickerson, requested approval of a software license agreement and authorization of a purchase order for maintenance on election software until 2011. The State will reimburse Graham County saving the county $66,000.00. Upon motion by Supervisor Palmer, seconded by Supervisor John, the request was unanimously approved. Director Dickerson, requested authorization to conduct a study for splitting precincts. Upon motion by Supervisor John, seconded by Supervisor Palmer, the request was unanimously approved. Health Director Neil Karnes, requested approval of the Nutrition Services Contract FY 07/08. Upon motion by Supervisor Palmer, seconded by Supervisor John, the request was unanimously approved. Community Development Director Will Wright, requested approval of Resolution 200712 to submit an application to the State of Arizona, Department of Transportation for the Transportation Enhancement project funds for the construction and improvement of a multi use path. Upon motion by Supervisor John, seconded by Supervisor Palmer, the Resolution was unanimously approved. RESOLUTION 2007-12 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF GRAHAM, ARIZONA TO SUBMIT AN APPLICATION TO THE STATE OF ARIZONA, DEPARTMENT OF TRANSPORTATION, FOR THE TRANSPORTATION ENHANCEMENT PROJECT FUNDS FOR THE CONSTRUCTION AND IMPROVEMENT OF A MULTI – USE PATH. WHEREAS, Graham County desires to construct a multi-use path improvement using County and Federal funds for the safety and benefit of the residents of Graham County; WHEREAS, the Arizona Department of Transportation has requested applications for funding of a transportation enhancement project; WHEREAS, Graham County has sufficient funds to provide at least the required matching funds for multi-use path improvements and to maintain the completed path; WHEREAS, Graham County has prepared an application for funding the Golf Course Road segment of the Graham County Multi-Use Path System and is requesting federal funds in the amount of $200,000 with the County matching $11,500; WHEREAS, Graham County will commit to a 5.7% match and any overmatch; WHEREAS, Graham County will commit that the project will be ready for advertisement in three years; WHEREAS, Graham County will commit to pay for all cost overruns; WHEREAS, Graham County will commit to reimburse ADOT/FHWA for all federal funds used, if the project is cancelled by the sponsor; and NOW, THEREFORE, BE IT RESOLVED, that the Graham County Board of Supervisors authorizes the County Manager to submit an application for funding the State of Arizona, Department of Transportation, for federal funds in the amount of $200,000 with a County matching amount of $11,500, or for amounts in close for a transportation enhancement project for the construction and improvement of the Graham County Multi-Use Path. PASSED, ADOPTED AND APPROVED by the Graham County Board of Supervisors on this 23rd day of July, 2007. GRAHAM COUNTY BOARD OF SUPERVISORS ATTEST: /s/ Mark C. Herrington___________ Mark C. Herrington, Chairman /s/ Terry Cooper_______________ Terry Cooper, Clerk of the Board /s/ James A. Palmer______________ James A. Palmer, Member APRPOVED AS TO FORM: /s/ Drew John___________________ Drew John, Member /s/ Kenneth A. Angle____________ Kenneth A. Angle, County Attorney County Manager Terry Cooper, requested authorization to establish a line of credit with Chase Bank. Upon motion by Supervisor Palmer, seconded by Supervisor John, the request was unanimously approved. Manager Cooper, requested approval for Graham County Utilities for a pavement cut at 7303 Safford Bryce Road to install a 6” water main and 2” P.E. gas main. Upon motion by Supervisor Palmer, seconded by Supervisor John, the request was unanimously approved. Manager Cooper, requested re-appointment of Directors to the Industrial Development Authority: Gherald Hoopes, Bill Farris, Ronald Irwin, John Martin, Sheldon Miller and Larry Morris. Upon motion by Supervisor John, seconded by Supervisor Palmer, Gherald Hoopes, Bill Farris, Ronald Irwin, John Martin, Sheldon Miller and Larry Morris were reappointed to the Industrial Development Authority. Manager Cooper, requested approval of the Cooperative Intergovernmental Agreement between the State of Arizona and Graham County for emergency services. Upon motion by Supervisor Palmer, seconded by Supervisor John, the agreement was unanimously approved. Manager Cooper, requested approval of a Basic Service Contract with Southeastern Arizona Government Organization. Upon motion by Supervisor Palmer, seconded by Supervisor John, the contract was unanimously approved. Manager Cooper, requested authorization to join the filing of the Amicus Brief regarding Hounshell vs. White, et. al. Upon motion by Supervisor Palmer, seconded by Supervisor John, the request was unanimously approved. Manager Cooper, requested approval of Resolution 2007-13 for the Board of Supervisors authorizing the submission of a grant application for Tohono O’Odham Nation State-shared revenue program funds for the Fort Thomas Fire District. Upon motion by Supervisor Palmer, seconded by Supervisor John, the resolution was unanimously approved. RESOLUTION NO. 2007-13 A RESOLUTION OF THE BOARD OF SUPERVISORS OF GRAHAM COUNTY AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION FOR TOHONO O’ODHAM NATION STATE-SHARED REVENUE PROGRAM FUNDS FOR THE FORT THOMAS FIRE DISTRICT. WHEREAS, the Graham County Board of Supervisors encourages and supports activities that will promote public safety; and WHEREAS, the Tohono O’Odham Nation, administers a grant program which provides Proposition 202 Indian Gaming Funds to cities, towns and counties for government services that benefit the general public in the areas of public safety, transportation, health care, economic development and education; and WHEREAS, The Fort Thomas Fire District has prepared a grant application for submission to the Tohono O’Odham Nation requesting funds to be used to enhance the fire protection services it provides to the public; and WHEREAS, although the Fort Thomas Fire District is not an entity authorized under Proposition 202 to directly receive Indian Gaming funds, the Tohono O’Odham Nation will accept applications from cities, towns and counties for funds to be disbursed by these entities to other entities providing services within the Proposition 202 guidelines; and WHEREAS, the Fort Thomas Fire District has requested that Graham County submit a grant application on its behalf to the Tohono O’Odham Nation; and WHEREAS, the Graham Board of Supervisors has determined that the activities identified in the Fort Thomas Fire District’s grant application will promote public safety. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the Graham County Board of Supervisors hereby approves submission of the attached application for Tohono O’Odham Nation State-Shared Revenue Program funds. 2. That the Chairman of the Graham County Board of Supervisor’s is hereby authorized to execute the grant application and the application cover sheet and to transmit the application materials and supporting documentation as provided by the Fort Thomas Fire District to the Tohono O’Odham Nation. 3. That Graham County agrees to accept any grant funds awarded by the Tohono O’Odham Nation pursuant to this application and, upon receipt, to transmit such funds to the County’s Finance Department for disbursement to the Fort Thomas Fire District 4. That the County’s submission of the grant application and disbursement of any grant funds received to the Ft. Thomas Fire District is expressly conditioned on the Fire District’s compliance with all appropriate procedures, guidelines and requirements of the grant including, but not limited to financial disclosure and program related reports to the Tohono O’Odham Nation. APPROVED AND ADOPTED this 23rd day of July, 2007. /s/ Mark C. Herrington_______ Mark C. Herrington, Chairman /s/ James A. Palmer________ James A. Palmer, Member /s/ Drew John_____________ Drew John, Member ATTEST: /s/ Terry Cooper__________ Terry Cooper, Board Clerk Manager Cooper, requested approval of Resolution 2007-14 for the Board of Supervisors authorizing the submission of a grant application for the Gila River Indian Community Stateshared revenue program funds for the Fort Thomas Fire District. Upon motion by Supervisor Palmer, seconded by Supervisor John, the resolution was unanimously approved. RESOLUTION NO. 2007-14 A RESOLUTION OF THE BOARD OF SUPERVISORS OF GRAHAM COUNTY AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION FOR GILA RIVER INDIAN COMMUNITY STATE-SHARED REVENUE PROGRAM FUNDS FOR THE FORT THOMAS FIRE DISTRICT. WHEREAS, the Graham County Board of Supervisors encourages and supports activities that will promote public safety; and WHEREAS, the Gila River Indian Community, administers a grant program which provides Proposition 202 Indian Gaming Funds to cities, towns and counties for government services that benefit the general public in the areas of public safety, transportation, health care, economic development and education; and WHEREAS, The Fort Thomas Fire District has prepared a grant application for submission to the Gila River Indian Community requesting funds to be used to enhance the fire protection services it provides to the public; and WHEREAS, although the Fort Thomas Fire District is not an entity authorized under Proposition 202 to directly receive Indian Gaming funds, the Gila River Indian Community will accept applications from cities, towns and counties for funds to be disbursed by these entities to other entities providing services within the Proposition 202 guidelines; and WHEREAS, the Fort Thomas Fire District has requested that Graham County submit a grant application on its behalf to the Gila River Indian Community; and WHEREAS, the Graham Board of Supervisors has determined that the activities identified in the Fort Thomas Fire District’s grant application will promote public safety. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 5. That the Graham County Board of Supervisors hereby approves submission of the attached application for Gila River Indian Community State-Shared Revenue Program funds. 6. That the Chairman of the Graham County Board of Supervisor’s is hereby authorized to execute the grant application and the application cover sheet and to transmit the application materials and supporting documentation as provided by the Fort Thomas Fire District to the Gila River Indian Community. 7. That Graham County agrees to accept any grant funds awarded by the Gila River Indian Community pursuant to this application and, upon receipt, to transmit such funds to the County’s Finance Department for disbursement to the Fort Thomas Fire District 8. That the County’s submission of the grant application and disbursement of any grant funds received to the Ft. Thomas Fire District is expressly conditioned on the Fire District’s compliance with all appropriate procedures, guidelines and requirements of the grant including, but not limited to financial disclosure and program related reports to the Gila River Indian Community. APPROVED AND ADOPTED this 23rd day of July, 2007. /s/ Mark C. Herrington______ Mark C. Herrington, Chairman /s/ James A. Palmer_______ James A. Palmer, Member /s/ Drew John____________ Drew John, Member ATTEST: /s/ Terry Cooper__________ Terry Cooper, Board Clerk Under current events report, Supervisor Palmer reported on the following meetings: 0705-07 Meeting with Riverview Subdivision; 07-06-07 Meeting with Phelps Dodge ; 07-07-07 Spoke on KATO radio; 07-09-07 meeting with Representative Bill Konopnicki; 07-12-07 Meeting with Congressman Rick Renzi regarding the 8th Ave. bridge, New jail, Safford Mine, PILT and Secure Rural schools; 07-13-07/07-17-07 NACO, Public Land Committee and WIR. Supervisor John reported on the following meetings: 07-06-07 Meeting with Phelps Dodge; 07-09-07 Subdivider on flood control; 07-11-07 Conference call ADRE on disclosure IGA; 07-19-07 OHV meeting with State Parks. Supervisor John stated that he is concerned about losing the small town feel and suggested that our positive attitudes will dictate the outcome. Supervisor Herrington reported on the following meetings: 07-02-07 meeting with Reed Larson and local land owners; 07-05-07 meeting with constituents on Stockton road; 07-06-07 meeting with Phelps Dodge; 07-10-07 meeting on the Mayor’s Prayer breakfast to be held on 914-07; 07-11-07/07-17-07 NACO and WIR. Demands and hand written warrants were unanimously approved upon motion of Supervisor John and seconded by Supervisor Palmer. Pursuant to the provisions of A.R.S. §11217, as amended in 1996, those demands/warrants for any supplier which total more than $1,000.00 are as follows: SUPPLIER/PURPOSE ALTECH REFRIGERATION ARAMARK CORRECTIONAL SERVICES ARIZONA ASSOCIATION OF COUNTIES ARIZONA COUNTIES INSURANCE POOL ARIZONA DEPARTMENT OF REVENUE ARIZONA STATE PRISON-SAFFORD AZLGEBT BRADY LEE CABLE ONE CARQUEST CENTERLINE SUPPLY WEST CITY OF SAFFORD LANDFILL CITY OF SAFFORD UTILITIES CKC CONSTRUCTION DENNIS MCCARTHY DOC UNITED IMAGING, LLC DUNLAP OIL CO. EASTERN ARIZONA AG CENTER EASTERN ARIZONA COURIER-LEGAL AMOUNT OF WARRANT $3,274.35 $21,991.58 $2,415.00 $9,267.08 $1,675.11 $1,072.00 $166,358.51 $2,700.00 $2,844.95 $3,224.04 $1,168.85 $2,520.00 $23,715.87 $1,318.40 $2,487.50 $9,440.00 $1,744.23 $1,293.75 $2,502.76 EPIDAURUS DBA AMITY FOUNDATION ERGON ASPHALT PRODUCTS ERIN COLLINS AND ASSOCIATES GILA OUTDOOR, LLC GRAHAM COUNTY ELECTRIC COOP GREENLEE COUNTY SHERIFFS DEPT HARALSONS TIRE CO. INC. HELM & KYLE LTD. HILLYARD JENNIFER SWANSTROM JOHN BRISSON JOSI Y. LOPEZ KENNETH B. LARSON PA-C LAW OFFICE OF PERRY HICKS PC MACKS AUTO SUPPLY MATT N. CLIFFORD MEDICAP PHARMACY MORCOMB DIESEL & ELECTRIC MT. GRAHAM REGIONAL MEDICAL PHOENIX FUEL PRO OFFICE EQUIPMENT PRO PETROLEUM, INC. PROFESSIONAL COUNSELING ASSOC. PROJECT ENGINEERING CONSULT QWEST ROBERT PURSLEY SAFFORD BUILDERS SUPPLY SE AZ BEHAVIORAL HEALTH SERVICES SEABHS INC. STATE OF ARIZONA RISK MANAGEMENT TRACKER SOFTWARE CORP. TRI COUNTY MATERIALS U.S. POSTAL SERVICE 3042093 WASH TUB LAUNDROMAT WGM WINDSOR MANAGEMENT GROUP ZUMAR INDUSTRIES $4,500.00 $14,648.91 $2,499.00 $6,620.17 $7,206.40 $8,820.00 $3,794.62 $7,941.86 $1,279.35 $1,040.00 $1,166.75 $9,430.00 $1,610.00 $9,120.00 $2,958.73 $1,670.00 $2,088.74 $1,024.99 $16,946.74 $2,007.03 $3,100.07 $21,428.74 $3,870.00 $1,338.00 $3,591.41 $1,506.60 $7,432.77 $8,933.69 $1,960.00 $4,960.73 $1,900.00 $14,843.83 $15,000.00 $1,863.25 $2,227.68 $13,470.12 $1,265.85 Chairman Herrington announced that it was the date and time to open the following bids: 06/07-39 Well Drilling Services Received: Cueto Drilling BID $22,045 Upon motion by Supervisor Palmer, seconded by Supervisor John, the bid was unanimously awarded to Cueto Drilling, subject to staff review and conformity. 06/07-40 PVC Pipe Materials BID As there were no bids received upon motion by Supervisor Palmer, seconded by Supervisor John, they authorized staff to facilitate. Chairman Herrington announced that it was the date and time to hold a Public Hearing on the following items: Development Planner Will Wright gave the background on the following: 1. Request by Jon Foote, to name a private easement “Dunedain Path”, at situs address: 7311 W. Safford Bryce Road, Pima AZ 85543. No one spoke for or against the request. Upon motion by Supervisor John, seconded by Supervisor Palmer, the request was unanimously approved. 2. Request by Martin and Joyce Allred, to name a county road “Javelina Trail”, at situs: ¾ of a mile from Old Country Club Road to Powerline Road, Safford, AZ 85546. No one spoke for or against the request. Upon motion by Supervisor John, seconded by Supervisor Palmer, the request was unanimously approved. 3. Request by Myles Ray, for zoning map change REZ #671-07 (APN 104-40-032) to change present "A" (General Land Use) zone to an "R-20" (Single Family Residential 20,000 sq. ft.) zone for the purpose of a minor land division, at situs address: 865 S. Robinson Ranch Rd., Thatcher, AZ 85552. No one spoke for or against this request. Upon motion by Supervisor Palmer, seconded by Supervisor John, the request was unanimously approved. 4. Request by Russell Jensen, for zoning map change REZ #673-07 (APN 104-39-008F Split) to change present "A" (General Land Use) zone to an "R-20” (Single Family Residential 20,000 sq. ft.) zone for the purpose of minor land division, at situs address: 1400 block on the west side of Robinson Ranch Road, Thatcher, AZ 85552. No one spoke for or against this request. Upon motion by Supervisor John, seconded by Supervisor Palmer, the request was unanimously approved. 5. Request by Kris Lemon, for zoning map change REZ #674-07 (APN 105-25-012) to change present "M-X" (Unlimited Manufacturing) zone to an "A-R 1” (Agricultural Residential one acre minimum) zone to comply with the Planning and Zoning Ordinance for the building of a home, at situs address: 6766 W. Center Street, Pima, AZ 85543. No one spoke for or against this request. Upon motion by Supervisor Palmer, seconded by Supervisor John, the request was unanimously approved. 6. Request by Portland McKinney for zoning map change REZ #677-07 (APN 105-47-009) to change present "C-M" (Commercial Manufacturing) zone to an "A-R 1" (Agricultural Residential one acre minimum) zone to allow residential use of the land, at situs address: 5351 W. Hwy 70, Central, AZ 85551. No one spoke for or against this request. Upon motion by Supervisor Palmer, seconded by Supervisor John, the request was unanimously approved. 7. Request by Glen and Terry J. Bingham, for zoning map change REZ #680-07 (APN 10603-011E) to change present "M-X" (Unlimited Manufacturing) zone to an "A" (General Land Use) zone to bring into Zoning ordinance compliance, at situs address: West end of Cactus Road, Safford, AZ 85556.No one spoke for or against this request. Upon motion by Supervisor John, seconded by Supervisor Palmer, the request was unanimously approved. 8. Request for Preliminary subdivision plat on East Swift Trail Subdivision (name has since been changed to “Graham View Estates”) PP-2007-03 (APN 106-21-021R) by Mike Goodman at situs address: East of US Hwy 191 and South of East Swift Trail, Safford, AZ 85546. No one spoke for or against this request. Upon motion by Supervisor Palmer, seconded by Supervisor John, the request was unanimously approved, subject to the stipulation made by County Engineer Bryce. Chairman Herrington introduced Brent Brown from Governor Napolitano’s Office. During the Call to the Public Mr. Doug Siegel spoke on his concerns on a home being built in Thunderbird Valley. It looks like the building is for a business or Commercial purpose. Mr. Siegel feels that the Board should not allow this to happen. Mr. Siegel was assured that the matter would be looked into. There being no further business upon motion of Supervisor John, seconded by Supervisor Herrington, the meeting was recessed at 9:20 a.m. Chairman Herrington called the first Work Session to order at 9:20 a.m. Those in attendance in addition to the Board were: Casey Faunce Terry Cooper Parks, Fair & Racing Director Clerk of the Board The El Moro De Cumpas fall mixed horse sale was discussed. The Work Session was adjourned at 9:30 a.m. Chairman Herrington called the second Work Session to order at 9:30 a.m. Those in attendance in addition to the Board were: Neil Karnes Terry Cooper Health Director Clerk of the Board Several WIA issues were discussed. The second work session was adjourned at 9:40 a.m Chairman Herrington called the third Work Session to order at 9:40 a.m. Those in attendance in addition to the Board were: Will Wright Michael Bryce Terry Cooper Community Development Director County Engineer Clerk of the Board Highway issues were discussed. The Work Session was recessed at 10:30 a.m. Chairman Herrington reconvened the regular Board meeting at 10:30 a.m. and introduced Craig Sullivan and Beth Lewellan representing the County Supervisors Association. They gave an update on recent activities and projections for next legislative year. There being no further business and upon motion of Supervisor John, seconded by Supervisor Herrington the meeting was adjourned at 11:30 a.m. Chairman Herrington called the fourth Work Session to order at 2:00 p.m. Those in attendance in addition to the Board were: Craig Sullivan Beth Lewellan Brent Brown Ruben Griffith Duane Sexton County Supervisors Association County Supervisors Association Governor’s Office Phelps Dodge Phelps Dodge A tour of the Phelps Dodge Safford mine was taken. The fourth work session was adjourned at 4:00 p.m. The third Work Session was reconvened at 4:10 p.m. Again, projects were toured until 5:05 p.m. at which time the Work Session was adjourned. GRAHAM COUNTY BOARD OF SUPERVISORS __________________________________________ Mark C. Herrington, Chairman ATTEST: ______________________________ Terry Cooper, Board Clerk

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