OFFICIAL PROCEEDINGS OF THE APACHE COUNTY
BOARD OF SUPERVISORS MEETING
October 17, 2017
St. Johns, Arizona
Present were: Chairman Joe Shirley, Jr. and Vice Chairman Doyel Shamley. Also present was Interim County Manager/Clerk of the Board Ryan Patterson. Supervisor Alton Shepherd and County Attorney Michael Whiting participated via the telephone.
Chairman Shirley called to order the Board of Supervisors meeting at 8:36 a.m. in the Board of Supervisors chambers, County Annex Building, 75 West Cleveland Street, St. Johns, Arizona,
and welcomed all in attendance.
Robert Mackenzie led the Pledge of Allegiance.
SueAn Collins-Stradling gave the invocation.
Mr. Patterson presented the consent agenda items A-E. Mr. Shepherd moved approval, Seconded by Mr. Shamley. County Manager/Clerk of the Board: A. Request approval of demands as distributed to the Apache County Board of Supervisors between October 3, 2017 to October 17, 2017. Payee Amount AMERICAN FAMILY LIFE ASSURANCE 1,019.06 APACHE COUNTY HAS 3,196.67 APACHE COUNTY MEDICAL 163,471.60 APACHE COUNTY TAX WITHHOLDING 142,116.02 ASRS LEGACY EORP 1,089.96 AZ STATE RETIREMENT SYSTEM 97,212.96 COLONIAL LIFE AND ACCIDENT INS 1,253.54 CORRECTIONS OFFICER RET PLAN 6,825.37 CORRECTIONS OFFICER RETIREMENT PLAN 520 5,048.39 EORP LEGACY 1,288.26 NATIONWIDE 1,955.00 NATIONWIDE RETIREMENT SOL EODCRS 1,030.62 PUBLIC SAFETY PERSONNEL 401 7,699.10 PUBLIC SAFETY SHERIFF RET 41,625.17 SECURITY BENEFIT GROUP 1,550.00 SUPPORT PAYMENT CLEARINGHOUSE 1,942.90 ADAIR FUNERAL HOMES INC 1,168.20 ASHTONS REPAIR INC 4,460.65 AZ BRAKE & CLUTCH SUPPLY 1,009.12 BRADCO 21,831.93 BROWN’S PARTSMASTER INC 1,852.79 BURBANK, ROANN 1,527.24 CDW GOVERNMENT LLC 3,157.64 COVEY, JOSHUA T 2,100.00 CURTIS, ROGER STUART 1,032.00 EMPIRE MACHINERY 19,564.20 FRONTIER 4,463.87 HILLYARD/FLAGSTAFF 2,236.41 HOME DEPOT 1,150.40 LATHAM, MICHAEL 1,885.60 MOUNTAIN COMFORT HEATING AND COOLING 2,754.50 NATIONAL BANK OF ARIZONA 1389 1,601.45 NATIONAL BANK OF ARIZONA 0085 2,619.95 NATIONAL BANK OF ARIZONA 0301 2,764.35 NAVAJO TRIBAL UTILITY AUTHORITY 1,224.34 QUILL CORP 4,332.49 SANOFI PASTEUR INC 4,015.07 SCHINDLER ELEVATOR CORPORATION 6,570.14 SECURUS TECHNOLOGIES INC 1,043.71 SEQIRUS USA INC 1,134.29 SHIRLEY, JOE Junior 1,108.15 SW ECOLOGY LLC 2,830.76 THE LAW OFFICE OF ELIZABETH M HALE 1,676.40 TJP COMMUNICATIONS 3,789.42 TRINITY SERVICES GROUP INC 14,668.11 TYCO INTEGRATED SECURITY LLC 11,878.46 VERIZON WIRELESS 1,257.61 YOUNG, JOSEPH 1,363.56 OKANOGAN TRAIL CONSTRUCTION 30,930.00 ALLEGRA 3,171.04 APPLE INC 2,388.20 ATS ARMOR LLC 1,670.90 AZ COUNTIES INSURANCE POOL 9,200.10 AZLGEBT 315,597.07 BRADCO 20,746.67 BREWER LAW OFFICE PLLC 8,500.00 COVEY, JOSHUA T 1,458.52 CRESCENT ELECTRIC SUPPLY CO 2,159.47 EMPIRE MACHINERY 1,632.94 FRONTIER 1,779.03 HAMBLIN LAW OFFICE PLC 8,500.00 I-29 TRAILER SALES 1,521.25 INGRAM LIBRARY SERVICES 2,958.48 LAW OFFICE OF DIRK LEGATE PLLC 8,500.00 LEXIPOL LLC 8,468.00 MASS TRANSCRIPTIONS 2,349.30 MOORE LAW FIRM PLLC 1,391.96 NACO 1,430.00 NAVOPACHE ELECTRIC COOPERATIVE 8,752.34 NORTHEAST ARIZONA TRAINING CENTER INC 6,250.00 OVERDRIVE INC 6,670.89 PACIFIC PONDEROSA CO INC 1,260.56 PATTERSON, DANA BRYCE 8,500.00 PERFECT PRINTZ LLC 1,790.73 PRO PETROLEUM 17,179.93 PROFORCE LAW ENFORCEMENT 1,554.32 QUILL CORP 4,556.22 S R ROBERTS INC 1,541.50 SCHIFF, LAURENCE 1,200.00 SECURUS TECHNOLOGIES INC 1,016.43 ST JOHNS CITY 10,026.46 THE AARONS COMPANY LLC 3,000.00 VALLEY AUTO PARTS 2,074.50 WRIGHT EXPRESS FSC 2,961.35 Demands are payments made, or to be made, by the County. Specific details of the demands may be requested through the County public record request process. B. Request approval of minutes dated September 19, 2017. Personnel Items: C. Building & Maintenance: Request approval to extend the temporary employment of Lane Wilkins for an additional 90 days. Community Development: D. Discussion and possible approve of a conditional use permit allowing Navopache Electric Cooperative, LLC (NEC) to construct a 240’ steel lattice communication tower, replacing an existing 40’ steel monopole communication tower. The tower is located on private property in the new sub-station located within the Tucson Electric Power (TEP) Springerville Generating sub-station Township: 11, Range: 30, Section: 34. The Planning and Zoning commission unanimously approved the Conditional Use Permit on September 14, 2017. Treasurer’s Office: E. Discussion and possible approval of settlement stipulation, to abate interest of one hundred twenty dollars and 38 cents ($120.38) and collect the levied tax charge of two hundred seventy-three dollars and 58 cents. ($273.58) on parcel 105-18 025C/Account P9650135 for year of 2014. Vote was unanimous.
Devon Brown, Community Development Director, requested approval to reduce the $500 Conditional Use Permit application fee for Holly Williams to install a 60’ ham radio tower on her property. Mr. Brown recommended a reduced fee of $50.00. Mr. Shamley moved approval, seconded by Mr. Shepherd. Vote was unanimous.
Brannon Eagar, Chief Deputy Sheriff, on behalf of Emergency Management, requested approval of the updated Hazardous Mitigation Plan. Chief Eagar stated a copy of the plan has been posted on the County website or in the County Manager’s Office. Chief Eagar stated FEMA has approved the plan and has been adopted by the incorporated cities within Apache County and sent of additional information to the Board yesterday. Mr. Shepherd stated he has not had time to review the supporting documents that were just sent out and felt there is some language in the plan that could be better articulated and is thinking about tabling the plan until he had time to go over the plan with Chief Eagar and have Interim County Manager Patterson seek input from all three districts. Mr. Shamley stated the Board has until October 31, 2017 to approve the plan and asked if not approved by that date, would the projects be jeopardized. Ferrin Crosby, County Engineer, stated if not approved by the 31st, this would cause the county to lose its grant eligibility. Mr. Crosby stated currently, there are two grant applications, the Red Clay Wash and Tanner Springs Projects. A Discussion was held regarding the hard deadline of the plan’s submission. Mr. Shamley stated he has questions that have not been answered but does not want to jeopardize the projects that the cities have applied for. Mr. Shepherd stated the plan can be approved and revamped up to a year but he is wanting to articulate some of the language and clarify where these projects are because the county goes all the way to the Utah State line and his district has not been involved with emergency management and Chief Eagar hasn’t come to District II to discuss this plan and he would like an additional week to review and make the proper changes to make it a better document. Chief Eagar stated that the Plan is a living document with continuous evaluation and revision so any time after official approval, the document may be revised and is not necessary to send back to FEMA for review. Chief Eagar stated the items that Mr. Shepherd would like to change can be done without sending it back through the review process. Chief Eagar stated if we adopt a plan that is different than what has been already approved at FEMA, we will have to go back through the process, which will take an additional 30-60 days and the grants will be affected. Sheriff Dedman stated a lot of man hours have been spent on the plan and is a good plan, and if it needs to be revised it can be and requested the plan be approved so the grant applications can be moved forward.
Paul Ramsey, St. Johns City Manager, requested the plan be approved; there are several communities that have time and effort invested in mitigating some of the issues facing the cities. Mr. Ramsey stated one of the projects in St. Johns is the river basin and the project to address the flooding issue is in this plan. Mr. Ramsey stated he supports the plan and if the not approved, the projects will be at risk. Chairman Shirley stated the plan needs to be approved; it is a living document that can be changed as we move forward and recommended approval as presented today. Mr. Shamley moved to approve the plan with the items recently emailed that were not included in the initial backup material and with the condition there is a work session held within the first two weeks of November. Mr. Shirley seconded the motion. Mr. Shepherd stated he appreciates the time and effort put into the plan and he didn’t receive the other document until yesterday afternoon so he hasn’t had time to look the documents over. Mr. Shepherd stated no one has come to District II to meet with him regarding the mitigation plan and he just does not want to approve the plan and then not hear from anyone. Mr. Shepherd stated he has concerns when a state of emergency is declared, the county isn’t working with the Navajo Nation resulting in lost reimbursement funds. Mr. Shepherd stated the emergency services department needs to be revamped and is hoping the sheriff will take some time to come meet with him and listen to his suggestions because to date, that hasn’t happened. Chief Eagar stated the plan does cover the roads and public easement within the Navajo Nation and he works directly with Mr. Crosby on the road projects that need to be done and there is a need to better communicate with Mr. Crosby and the Board. Mr. Shepherd stated he wants a work session to discuss emergency management issues.
Marleita Begay, County Treasurer, stated this is a good example of a lack of communication so she is hoping the other elected officials are sitting at the table to understand what is going on in all three districts. Mrs. Begay requested the Board approve the plan so the funding for grants isn’t jeopardized.
Chairman Shirley stated the motion includes a work session be held the first part of November. Mr. Shamley stated the reason he added the work session to the motion was because he has issues with not getting information and communication from emergency management regarding fire restrictions. Mr. Shamley stated he has the same issues Mr. Shepherd has, so the work session will mandate someone come and answer his questions. Mr. Shamley stated he didn’t even know about the project in his own district, but he can’t let Springerville and Eagar suffer by not approving the plan and affecting their grant funding. Mr. Shepherd stated he appreciates the other Board members leadership and working together is the only way we can get through these types of issues. Mr. Shepherd stated grants are based on procedures that are put in place and there is no guarantee his projects will be funded just because this plan is approved today that is why he wants the plan to be the best it ca be, that is why he wants to continue working on the plan through the upcoming year. Vote was unanimous. Chairman Shirley directed Mr. Patterson to schedule the work session for the first part of November.
Brannan Eagar, chief Deputy Sheriff, on behalf Emergency Management requested approval to accept an Emergency Management Performance Grant award (number EMF-2017-EP-00008-S01) of two hundred two thousand, nine hundred eighty-six dollars ($202,986.00) from the Arizona Department of Emergency & Military Affairs, Division of Emergency Management. Chief Eagar stated this grant has a cost share of 50% federal funds and 50% local funds on all eligible expenditures and the grant performance period is July 1, 2017 through June 30, 2018. Mr. Shepherd moved approval, seconded by Mr. Shamley. Mr. Shepherd asked if the County has received this grant in prior years. Chief Eagar state yes for at least the past seven years. Mr. Shepherd asked if audits were done on the grant. Chief Eagar stated yes, audits are done by the state every year. Mr. Shepherd requested copies the audits be sent to him because half of the cost is provided by county funds. Chief Eagar and Mr. Shepherd held a discussion regarding where the funding comes from to cover the county’s portion. Mr. Shepherd stated this is his first year as a supervisor so he is wanting to learn about the performance grants enhance the county as a whole because so the audit should show line items and the expenditures as well as a breakdown of each of the districts for the past 7 years. Mr. Shamley stated he would also like to receive copies of the audits. Mr. Shamley stated he had emailed questions to Chief Eagar yesterday and had not received answers. Chief Eagar held a discussion on where the funding comes from to cover the county’s portion. Chief Eagar clarified the match come from. Mr. Shamley stated his questions are not being answered. Chairman Shirley stated better communication can be worked on and everyone needs to work together for the sake of the constituents. Mr. Shepherd asked if the matching funds have been budgeted for in FY2018. Mr. Patterson responded that the matching funds are budgeted within the sheriff’s office budget. Vote was unanimous. Chairman Shirley stated there are questions that need to be answered and requested Sheriff Dedman and Chief Eagar work together to get those answers for the board member.
Mr. Patterson requested approval of a contract with Realauction.com, LLC to conduct the sale of Tax Deed Property via an online auction. Mr. Patterson stated the vendor has been used previously by the county. Mr. Shepherd moved approval, seconded by Mr. Shamley Vote was unanimous.
Mr. Patterson requested approval of the back-tax parcels to be offered at public auction. Mr. Shepherd moved approval, seconded by Mr. Shamley. Vote was unanimous.
Mr. Patterson presented notification of a tour of the Tucson Electric Power Plant, 1200 County Road #4162, Springerville, Arizona, following the Board meeting at approximately 10:30 a.m. on October 17, 2017. The County Supervisors Association Summit to be held at the Talking Stick Resort, 9800 E. Talking Stick Way, Scottsdale, Arizona on October 24, 2017 through October 26, 2017, and the Northern Arizona Council of Governments (NACOG) meeting on October 26, 2017 at 9:00 a.m. at the High Country Conference Center, 201 West Butler Avenue, Flagstaff, Arizona where two or more members of the Board of Supervisors may be in attendance. No action was needed.
There was no one wanting to address the Board during call to the public.
Mr. Shepherd moved to adjourn, seconded by Mr. Shamley. Vote was unanimous.
Approved this 7th day of November 2017.
/s/ Joe Shirley Jr. /s/ Ryan Patterson
Chairman of the Board Interim Clerk of the Board