OFFICIAL PROCEEDINGS OF THE APACHE COUNTY
BOARD OF SUPERVISORS MEETING
December 5, 2017
St. Johns, Arizona
Present were: Chairman Joe Shirley, Jr. and Vice Chairman Doyel Shamley. Also present was Interim Clerk/Manager Ryan Patterson and County Attorney Michael Whiting. Supervisor Alton Joe Shepherd participated via the telephone.
Chairman Shirley called to order the Board of Supervisors meeting at 8:32 a.m. in the Board of Supervisors chambers, County Annex Building, 75 West Cleveland Street, St. Johns, Arizona, and welcomed all in attendance.
Angela Romero led the Pledge of Allegiance.
Malena Bazurto gave the invocation.
Chairman Shirley called for the regular agenda items and stated he wanted to handle the Sheriff’s agenda items first.
Brannan Eagar, Chief Deputy Sheriff, requested approval to accept the DUI Impaired Driving Enforcement grant (2018-AL-002) from the Governor’s Office of Highway Safety (GOHS) in the amount of five thousand-two hundred dollars ($5,200.00) and no matching funds are
required. Chief Eagar stated this will allow for additional deputies on the road to help combat impaired driving during the holiday season and busy times of the year. Mr. Shamley moved approval, seconded by Mr. Shepherd. Vote was unanimous.
Brannan Eagar Chief Deputy Sheriff requested approval to enter into an Intergovernmental Agreement for origin and cause (arson) Fire Investigation Services between the Town of Eagar and Apache County Sheriff’s Office. Chief Eagar stated this will be a minimal cost and there is a Tahoe to be transferred to the Town of Eagar to be used for transporting investigators to the crime scenes. Mr. Shamley moved approval with an amendment, seconded by Mr. Shepherd. Mr. Shamley requested the date of the contract be amended from June 27, 2017 effective date to December 5, 2017. Chief Eagar agreed to the date change. Mr. Shamley moved approval as stated with the amendment, seconded by Mr. Shepherd. Vote was unanimous.
Brannan Eagar, Chief Deputy Sheriff, requested approval to accept the Selective Traffic Enforcement Related Equipment (STEP) grant #2018-PTS-082 from the Governor’s Office of Highway Safety (GOHS) in the amount of twenty-seven thousand dollars ($27,000) and no matching funds are required. Chie Eagar stated this agreement would replace one of the aging motorcycles that is aging used for special events. Mr. Shepherd moved approval, seconded by Mr. Shamley. Mr. Shamley asked if the old vehicle will be sold at auction. Chief Eager stated it will be kept as a swing vehicle. Vote was unanimous.
Sheriff Dedman requested approval to enter into an Intergovernmental Agreement with Navajo County, City of Holbrook, City of St. Johns, City of Show Low, Town of Pinetop-Lakeside, Town of Snowflake, Town of Taylor, Town of Eagar, Town of Springerville, and the City of Winslow for the implementation, deployment, equipping governance and maintenance of the White Mountain Regional Special Response Team (SRT). Chairman Shirley stated it is good to work together on the many challenges and the only way to accomplish things are working together and he would like to see the Board support this agreement. No motion was made. Sheriff Dedman stated this agreement is very important because if a situation arises it needs to be addressed appropriately as the Board can see many of the representatives are present today to show their support for this vital joint agreement. Sheriff Dedman stated he knows there were issues with the agreement in the past with the Navajo Reservation not being part of the and they have their own special response team and this joint municipality agreement needs to be in place in order for Apache County to assist in any other jurisdiction. Mr. Shamley moved to table the item until such time Sheriff Dedman meets with him, seconded by Mr. Shepherd. Vote was unanimous.
Brannon Eagar, Chief Deputy Sheriff requested approval to accept the Selective Traffic Enforcement Program (STEP) grant. #2018-PTS-001, from the Governor’s Office of Highway Safety (GOHS) in the amount of ten thousand dollars ($10,000) with no matching funds are required. Chief Eagar stated this is a grant that allows targeting areas for speed, seat belt use and child restraint on highways and county roads. Mr. Shamley moved approval, seconded by Mr. Shepherd. Mr. Shepherd asked for statistics on the problematic areas and how the grants will be carried out a in his District. A discussion was held regarding the area the grant can be utilized in. Mr. Shepherd stated he will send a list of problem areas in his district to the Chief Eagar and have a meeting on how best to plan to address those areas. Vote was unanimous.
Devon Brown, Community Development Director, presented the item following an public hearing, discussion and possible approval of amendment to the Apache County Zoning Ordinance Article 7, Section 730(A)(1), which would allow manufactured homes more than 15 years old to be permitted through the Conditional Use Permit process. The Planning & Zoning Commission unanimously recommended approval on November 2, 2017. Mr. Brown provided an overview of purpose of the change to the ordinance. Mr. Shamley moved to go into a public hearing, seconded by Mr. Shepherd. Vote was unanimous. Carl Wilkins, a real estate broker and resident of St. Johns, stated he is in favor of the amendment. Sean Bowen, a resident of the Vernon area, requested the Board approve the amendment. There was no one else wanting to address the Board. Mr. Shepherd moved to close the public hearing, seconded by Mr. Shamley. Vote was unanimous. Mr. Shamley moved approval of the amendment to the ordinance, seconded by Mr. Shepherd. Vote was unanimous.
ORDINANCE NO. 2017-23
AN ORDINANCE OF APACHE COUNTY BOARD OF SUPERVISORS AMENDING
ARTICLE 7, SECTION 730 OF THE ZONING ORDINANCE TO ALLOW
MANUFACTURED HOMES OLDER THAN 15 YEARS TO BE INSTALLED AFTER
APPROVAL THROUGH THE CONDITIONAL USE PERMIT PROCESS
WHEREAS, A.R.S. §11-811 and §11-813 allows for adoption or amendment of a zoning ordinance; and
WHEREAS, the Planning and Zoning Commission has recommended that Zoning Ordinance Article 7, Section 730 Manufactured Homes be amended to provide more flexibility in housing options for the citizens while still preserving the character of the community; and
WHEREAS, following a properly noticed public hearing held this date, the Apache County Board of Supervisors finds that the recommended amendment to the Zoning Ordinance is appropriate and should be approved,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF APACHE COUNTY, ARIZONA AS FOLLOWS:
Section 730. Manufactured homes
A. As of June 01, 2009 all newly installed manufactured homes in Apache County shall meet the following minimum requirements:
1. All newly installed manufactured homes shall be 15 years old or newer, and mobile homes shall be prohibited in all zones.
i. Exception – A manufactured home more than 15 years old may be permitted through a Conditional Use Permit process in the zones that allow manufactured homes.
. . .
SO ORDAINED by the Apache County Board of Supervisors at St. Johns, Arizona this 5th day of December 2017.
By /s/ Joe Shirley, Jr. Chairman, Apache County Board of Supervisors
ATTEST: APPROVED AS TO FORM:
/s/ Ryan Patterson /s/ Michael Whiting
Clerk of the Board County Attorney
Mr. Patterson requested approval of the Consent agenda items A-E and recommended approval. Mr. Shamley moved approval, seconded by Mr. Shepherd. County Manager/Clerk of the Board: A. Request approval of demands as distributed to the Apache County Board of Supervisors between November 7, 2017 to November 21, 2017. Payee Amount ADHS AZ HEALTH CARE COST 22,400.00 AVAYA COMMUNICATIONS 1,603.62 BEACON FIRE AND SECURITY LLC 1,161.60 BROWN’S PARTSMASTER INC 1,710.47 CATERPILLAR FINANCIAL SERVICES CORPORATION 78,994.78 DEMCO 4,741.72 FROG WINDOW CLEANERS 1,315.00 GMCO CORPORATION 3,733.66 HOME DEPOT 1,000.55 INGRAM LIBRARY SERVICES 2,550.73 NAVAJO TRIBAL UTILITY AUTHORITY4,571.11 NAVAJO TRIBAL UTILITY AUTHORITY 1,118.57 NAVOPACHE ELECTRIC COOPERATIVE 10,975.94 PENA, KERRY 1,038.76 QUILL CORP 4,430.16 SANOFI PASTEUR INC 1,077.95 THOMSON REUTERS WEST 4,402.94 VALLEY AUTO PARTS 3,313.42 AMERICAN FAMILY LIFE ASSURANCE 1,000.94 APACHE COUNTY TAX WITHHOLDING 149,250.22 ASRS LEGACY EORP 1,089.96 AZ STATE RETIREMENT SYSTEM 100,796.41 CORRECTIONS OFFICER RET PLAN 7,404.00 CORRECTIONS OFFICER RETIREMENT PLAN 520 5,197.13 EORP LEGACY 1,288.26 NATIONWIDE RETIREMENT SOL EODCRS 1,030.62 PUBLIC SAFETY PERSONNEL 401 7,699.10 PUBLIC SAFETY SHERIFF RET 38,789.84 AMAZON CAPITAL SERVICES INC (IT DEPT) 1,391.04 AZLGEBT 3,700.00 BENDER, JUDITH A 5,362.50 BEST BUY FOR BUSINESS 7,857.73 CHEVRON USA INC 1,222.42 EMPIRE MACHINERY 4,866.50 GABBY, BRUCE T 1,256.25 GMCO CORPORATION 42,727.09 HILLYARD/FLAGSTAFF 2,098.18 HOLGATE, JOE 2,697.24 NATIONAL BUSINESS FURNITURE 4,063.67 NORCHEM DRUG TESTING LABORATORY 1,011.35 PTS OF AMERICA LLC 5,245.00 QUILL CORP 3,621.65 SW ECOLOGY LLC 6,943.73 THOMSON REUTERS WEST 8,913.90 US POSTMASTER 2,437.14 VERIZON WIRELESS 1,707.66 MCCARTHY, CHRIS 1,091.95 BASHAS’ CORPORATE OFFICE24,993.14 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 the minutes dated November 7, 2017 Personnel Items: C. Recorder’s Office: Request approval to change the Voter Outreach Project Coordinator (Range 36) position, to an Election Outreach Coordinator (Range 29) and fill the vacancy. This will result in a savings of eight thousand three hundred sixty-six dollars ($8,366.00). Community Development: D. Request approval of a Conditional Use Permit allowing Sean Bowen to place a 1999 manufactured home on his 40-acre parcel. Property is located on 688 Stanford Road, in the Vernon/Concho area. A.P.N 107-49-116. The Planning & Zoning Commission unanimously recommended for approval, November 2, 2017, with no conditions. E. Request approval of a Conditional Use Permit allowing Holly Williams to erect a 60’ ham radio tower on her 40-acre parcel located near Concho, Arizona. A.P.N. 212-66-138. The Planning & Zoning Commission unanimously recommended approved on November 2, 2017, with the condition to be approved only for the location specified on the site plan submitted with the application to ensure that any future owners will not erect additional towers on other locations. Vote was unanimous.
Devin Brown, Community Development Director, stated James Puls of the Paradise Park Christian Church Association is requesting a reduction of the building permit fee of $1,040.63 to construct a 50’ x 40’ parsonage for clergy members to stay in, as well as a space to hold church services until a church can be constructed, located in Vernon, AZ, A.P.N 107-12-566. A discussion was held regarding the recommendation of the reduced fees. Mr. Brown stated he did not have a specific recommendation on the reduction of the fees. James Puls, the applicant addressed the Board and provided an overview of the location of the proposed church. Mr. Puls requested waiving all fees or at least a reduction. Mr. Shamley moved approval, seconded by Mr. Shepherd. Mr. Shamley stated a few weeks ago a reduction was applied for another religious organization and asked Mr. Brown what those fees were reduced to. Mr. Brown stated $150.00. Mr. Shepherd stated he would like to see one half of the fees waived for $520.00. Mr. Shamley amended his motion to approve with a reduction in fees to $520.00, seconded by Mr. Shepherd. Vote was unanimous.
Judy Bender, Chief Deputy Assessor, requested approval to create a Systems Administrator (Range 48) to be funded with savings from cancellation of professional services contract. Ms. Bender stated this change will not affect the budget and will not cost the Assessor’s budget additional funds. Mr. Shepherd moved approval, seconded by Mr. Shamley. Mr. Shamley asked if this position will help with the flow of work. Ms. Bender stated yes. Carl Wilkins, a resident of St. Johns stated he is in favor of this new position and commented on the problem he sees as a real estate agent is, all the different departments in the county do not talk to teach other very well and anything that can be done to beef up the Assessor’s Office to make it more productive, he supports. Vote was unanimous.
Judy Bender, Chief Deputy Assessor, requested approval to fill the Valuation Coordinator II position (Range 29) to be funded with existing position(s) salary savings from budgeted funds for the remainder of the fiscal year. Ms. Benders stated filling this position will not affect the budget nor cost the County or Assessor additional funds. Mr. Shepherd moved approval, seconded by Mr. Shamley. Vote was unanimous.
Mr. Patterson, Interim County Manager, requested approval of a recommendation of Liquor License Application #10013024 for Rhonda Tilton, Dollar General #17515, 5 County Road 823
South, Concho, Arizona. Mr. Shepherd moved approval, second by Mr. Shamley. Vote was unanimous.
Mr. Patterson provided notification of meetings where two or more members of the Apache County Board of Supervisors may be in attendance. No action was needed or taken.
Eastern Arizona Counties meeting on December 13, 2017 at 3:00 p.m. at the County Supervisors Association, 1905 W. Washington Street in Phoenix.
The Small Counties Forum meeting on December 13, 2017 at 5:30 p.m. at the County Supervisors Association building, 1905 W. Washington Street, Phoenix.
The County Supervisors Association meeting on December 14, 2017 at 10:00 a.m. at the County Supervisors Association building, 1905 W. Washington Street in Phoenix.
Chairman Shirley opened the floor for call to the public.
Carl Watkins, a resident of St. Johns, stated there are things the County can be doing to increase the value of the property within Apache County and a big concern he has is the County is not open on Fridays and requested the Board consider changing the hours of operation for the Recorder, Assessor and Treasurer to deal with people who come in from out of town, to be open on Fridays to accommodate them and for recording and sale documents. No action was taken.
Mr. Shepherd moved to adjourn the regular Board meeting, seconded by Mr. Shamley. Vote was unanimous.
Chairman Shirley called to order the Apache County Library District meeting.
SueAn Stradling-Collins. Library Director, requested approval of an Intellectual License Agreement with the City of Scottsdale, Arizona. The agreement allows two select library employees to participate in training for and use of the proprietary educational program, “Knowing and Growing” and its related materials and the cost is waived for the licenses. Mr. Shamley moved approval. Supervisor Shepherd lost phone connection. Mr. Shirley seconded the motion. Motion passed.
Mr. Shamley moved to adjourn the Library District meeting, seconded by Mr. Shirley.
Approved this 3rd day of January 2018.
/s/ Alton Joe Shepherd /s/ Ryan Patterson
Chairman of the Board Interim Clerk of the Board