Mary's note: Item #10 not only clearly shows Theft in Office, but has a broader scope - exploitation of vulnerable adults (by those sworn to protect their assests!) and Breach of Fiduciary Duties.
PROCEEDINGS OF THE REGULAR BOARD MEETING OF THE
COCHISE COUNTY BOARD OF SUPERVISORS
TUESDAY, MARCH 18, 2003
A regular board meeting of the Cochise County Board of Supervisors was held on Tuesday, March 18, 2003 in the Board of Supervisors’ meeting room at 1415 West Melody Lane, Building B, Bisbee, Arizona. In attendance were Patrick Call, Chairman; Paul Newman, Vice-Chairman; Leslie Thompson, Member; Jody Klein, County Administrator; Britt Hanson,
Deputy County Attorney; Karla Jensen, Public Information Officer; and Nadine Parkhurst, Clerk of the Board.
ANY ITEM ON THIS AGENDA IS OPEN FOR DISCUSSION AND POSSIBLE ACTION
INVOCATION
PLEDGE OF THE ALLEGIANCE
APPROVAL OF THE AGENDA
THE ORDER OR DELETION OF ANY ITEM ON THIS AGENDA IS SUBJECT TO MODIFICATION AT THE MEETING
INTRODUCTION OF NEW EMPLOYEES TO THE BOARD OF SUPERVISORS - The following employees were introduced to the Board members:
Court Administration: Robert Scofield and Marty Jones were introduced by Tom Hilb, Security Chief for the Superior Court
Planning: Richard Corley and Tonia Scrugs were introduced by Jim Vlahovich, Planning Director
Information Technologies: Barbara Yokono was introduced by Jim Norris, Information Technologies Director
Juvenile Court: Luis Morales was introduced by Jim Milligan
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 DISCRETION OF THE CHAIRMAN)
Chairman Call invited any member of the audience 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 during a meeting of the Arizona County Managers, the “hot” issue of the potential loss of funds by the Local Government Investment Pool (LGIP) was widely discussed. The City of Chandler, which is likely to face the highest losses, is developing a strategy on how to proceed to include the potential hiring of a specialized bankruptcy firm. Mr. Klein mentioned that a copy of the letter sent by Ms. Marsha Bonham to Mr. David Peterson, State Treasurer was widely distributed. This letter rejects the option of Opt in or out emphasized that the Attorney General is not entitled to a 35% cut on any potential bankruptcy settlement. Mr. Klein stressed that, at this point, nothing has been finalized.
Mr. Klein mentioned that a meeting was held with the new Director of the Department of Commerce who mentioned a $30,000 grant, one half being devoted to the distribution of materials and the other half devoted to web development. The County will work quickly on this submission.
REPORT BY MS. KARLA JENSEN, PUBLIC INFORMATION OFFICER ON WEEKLY ACTIVITIES
Public Information Officer Karla Jensen gave a summary of her weekly activities.
CONSENT AGENDA
ATTORNEY
ITEM 1
SALARY INCREASE FOR RECENTLY RECLASSIFIED LEGAL SECRETARY III IN RECOGNITION OF PROMOTION
COCHISE COUNTY WORKFORCE DEVELOPMENT
ITEM 2
APPOINTMENT OF MR. ART MACIAS, JR. AND MR. KEVIN GOATES TO THE COCHISE COUNTY LOCAL WORKFORCE INVESTMENT BOARD FOR A FOUR-YEAR TERM EFFECTIVE IMMEDIATELY THROUGH MARCH 18, 2007
FINANCE
ITEM 3
DEMANDS
Warrant Number 11932 through 12282 were issued from the funds listed below for a total of $1,609,502.16 (Voided warrants are also listed below.)
VOIDED WARRANTS
None
ISSUED WARRANTS
Fund 100
General Fund
$ 174,423.43
Fund 103
Document Storage-Recorder
$ 3,285.40
Fund 105
Bisbee/Douglas Airport
$ 2,542.20
Fund 109
Fleet Mgmt
$ 118,948.50
Fund 116
Tourism
$ 1,317.00
Fund 124
Attorney Anti-Racketeering
$ 100.24
Fund 125
Attorney Victim Assistance
$ 79.62
Fund 147
Adult Prob. Svcs. Fee
$ 1,536.55
Fund 152
Adult Prob. St. Aid Enhmnt
$ 24.07
Fund 158
Adult Prob. I.P.S. Grant
$ 1,700.00
Fund 161
Local Court Assist Fund
$ 437.50
Fund 168
Children's Issues Education
$ 2.17
Fund 171
County Library
$ 5,289.10
Fund 173
State Library Grant 02
$ 924.48
Fund 175
Friends of Library
$ 24.52
Fund 176
New Access to Online Data
$ 150.00
Fund 203
Jail Enhancement
$ 174.54
Fund 207
Sheriff Dare Grant
$ 280.00
Fund 208
Sheriff Inmate Welfare
$ 4.19
Fund 212
AZ Criminal Justice Grant
$ 1,044.88
Fund 222
Office of Bio Terrorism
$ 120.00
Fund 223
Maternal & Child Health
$ 2,719.68
Fund 226
Child Health
$ 1.80
Fund 234
TB Control
$ 0.52
Fund 237
Health S.T.D. Grant
$ 8.10
Fund 239
SEAGO Case Mgmt
$ 119.59
Fund 241
HIV Outpatient Svcs
$ 11.55
Fund 243
Immunization Program
$ 26.78
Fund 249
Tobacco Educ. Grant
$ 2,631.65
Fund 251
Public Works
$ 37,230.23
Fund 261
Flood Control District
$ 378.91
Fund 276
School Fund
$ 243.93
Fund 278
Small Schools
$ 29.90
Fund 450
M.I.S. Capital Reserve
$ 11,443.45
Fund 501
County Group Health
$ 33,624.98
Fund 505
Solid Waste
$ 50,548.20
Fund 506
Waste Tire Grant
$ 3,872.96
Fund 508
Cochise Health Systems
$ 1,128,497.51
Fund 540
Drug Treatment Education
$ 3,925.00
Fund 555
Juvenile Treatment Svcs
$ 8.90
Fund 556
Diversion Consequences
$ 34.27
Fund 557
Domestic Violence TF
$ 3,740.50
Fund 601
Computer Replacement Program
$ 17,995.36
TOTAL
$ 1,609,502.16
HIGHWAY/FLOODPLAIN
ITEM 4
ACCEPTANCE OF A ROAD PETITION TO ESTABLISH A PORTION OF SANTA ELENA AVENUE AS A DECLARED COUNTY HIGHWAY AND SCHEDULE A PUBLIC HEARING FOR TUESDAY, APRIL 15, 2003
INDIGENT DEFENSE COORDINATOR/PUBLIC DEFENDER
ITEM 5
TRANSFER OF $150,000 FROM GENERAL FUND CONTINGENCY TO ADULT INDIGENT DEFENSE ACCOUNT IN ORDER TO PAY FOR MANDATORY INDIGENT DEFENSE COSTS
SCHOOLS
ITEM 6
ACCEPTANCE OF A $22,195 GRANT FOR FUNDS TO BE USED IN FISCAL YEAR 2003 FROM ARIZONA DEPARTMENT OF EDUCATION TO FORM THE COCHISE COUNTY TITLE III CONSORTIUM ON BEHALF OF 14 SCHOOL DISTRICTS IN COCHISE COUNTY
ITEM 7
ACCEPTANCE OF A $24,312.60 GRANT FROM ARIZONA DEPARTMENT OF EDUCATION FOR START-UP FUNDS TO ESTABLISH TRAINING FOR PROFESSIONAL DEVELOPMENT OF TEACHERS IN THE COUNTY
SUPERVISORS, BOARD OF
ITEM 8
WASTE DISPOSAL SERVICES AGREEMENT NO. 4503
Supervisor Newman made a motion, which was seconded by Supervisor Thompson to approve Item No. 1 thru Item No. 8 of the Consent Agenda. The motion unanimously carried.
ACTION AGENDA
ATTORNEY
ITEM 9
RESOLUTION NO. 03-10 TO DELEGATE AUTHORITY TO THE COUNTY ADMINISTRATOR TO APPROVE CERTAIN STANDARD CONTRACTS FOR COCHISE HEALTH SYSTEMS
Cochise Health Systems, a division of Cochise Aging and Social Services, provide long term and medical care for eligible recipients in Cochise, Graham and Greenlee Counties. These services are provided through a network of healthcare professionals, which are under contract. The purpose of the proposed resolution is to allow the County Administrator (or his designee) to review, sign and approve standard form contracts on behalf of the Board of Supervisors.
This action will have for effect to handle numerous contracts in a more efficient and timely manner and avoid the delays caused by a formal presentation to the Board. However, if in the estimation of the County Administrator or the Director of Aging and Social Services, a contract does not fit under the category of “standard format”, this contract will be submitted to the Board for approval.
Supervisor Thompson made a motion, which was seconded by Supervisor Newman, to adopt Resolution No. 03-10 delegating to the County Administrator (or his designee) the authority to approve certain standards contracts for Cochise Health Services and authorize the Chairman to sign. The motion carried unanimously.
COCHISE AGING AND SOCIAL SERVICES/PUBLIC FIDUCIARY DIVISION
ITEM 10
TRANSFER OF FUNDS FROM COCHISE COUNTY GENERAL FUND CONTINGENCY LINE TO THE PUBLIC FIDUCIARY WARDS’ INDIVIDUAL ACCOUNTS IN THE AMOUNT OF $22,441.37
As a result of potential loss of investments made by the Local Government Investment Pool (LGIP), the State Treasurer has determined that a portion of this money is not available at this time. Included in this potential loss is Public Fiduciary wards individual accounts. By statute the Public Fiduciary is mandated to preserve and protect the assets of their clients. The total amount identified by the Treasurer for potential loss amounts to $22,441.37.
Ms. DeeDee Peterson, Director of Cochise Aging and Social Services requested that this amount be transferred from the General Fund Contingency Line to offset the potential loss based on the following considerations:
Ø Ø It is expected that the Public Fiduciary Division will realize a revenue of $86,893. This amount will easily offset any cost to the General Fund.
Ø Ø The Office of the Public Fiduciary will be subject to a loss of credibility by the families, beneficiaries and the Court.
Ø Ø The County could face legal challenges at the time of the accounting in front of the Court or faced a lawsuit, which would be costly to defend.
Supervisor Newman made a motion, which was seconded by Supervisor Thompson to approve the transfer of funds from the Cochise County General Fund Contingency Line to the Public Fiduciary Wards’ individual accounts.
Result of the motion:
Chairman Call voted YES
Supervisor Thompson voted YES
Supervisor Newman abstained. Supervisor Newman stated that by taking this action, other entities which will be facing potential losses (such as schools) could expect the County to offset some of those losses (funds which the County does not possess.)
TREASURER
ITEM 11
ABATEMENT OF TAXES AND INTEREST ON CERTIFICATES OF REMOVAL AND ABATEMENT NO. 2003-82 THROUGH 2003-101 AND 2003-102 THROUGH 2003-126
When a property is abandoned for a number of years and the owners cannot be tracked down, the County has no choice but to abate the back taxes due. Supervisor Thompson made a motion, which was seconded by Supervisor Newman, to abate the taxes and interest on certificates of removal and abatement No. 2003-82 through 2003-101 and 2003-102 through 2003-106. The motion unanimously carried.
PUBLIC HEARINGS
FACILITIES/SOLID WASTE
ITEM 12
RESOLUTION NO. 03 - 11 COCHISE COUNTY SOLID WASTE DISPOSAL ORDINANCE
Before entertaining Item 12, Chairman Call left the room to be a party to a conference call initiated by Governor Napolitano regarding safety issues due to the potential conflict with Iraq. Vice Chairman Paul Newman took over the running of the meeting; Chairman Call was absent for the remainder of the meeting.
Mr. L. H. Hamilton, Facilities Director, explained that Cochise County has been experiencing a huge increase of illegal dumping sites. By the proposed ordinance, the Board is making a statement that illegal dumping will not be tolerated. This document represents an effort to better deal with the illegal dumping issue and establish a coordinated approach by the four departments involved; Facilities and Solid Waste, Planning and Zoning, Highway and Health. This ordinance combines the various laws and regulations including the regulations from the Health and Zoning Departments. The overall coordination and administration of this ordinance will rest with the Solid Waste Inspector (s).
Every effort will be made to identify the responsible party. This ordinance allows the solid waste inspector to issue a civil citation. If the party cannot be identified and the waste is located on private property, the property owner and occupant will be responsible for the cleanup. If the property owner does not proceed with the cleanup, the County will perform this function and the actual total cost of the cleanup plus an administrative4 fee will be assessed. If the assessment is not paid, a lien will be placed on the property.
Mr. Hamilton stressed that the County needs to address this problem and County employees will be receiving training on this issue as well as being encouraged to report any sighting of illegal dumping. Information will be distributed by the Public Information Officer as well as being placed on the County website (http://www.cochisecounty.com/).
Vice Chairman Newman indicated that this was the time for any member of the audience to address the Board on the proposed ordinance on illegal dumping. No one responded.
Supervisor Thompson made a motion to adopt Resolution No. 03-11 (Ordinance No. 032-03), Cochise County solid Waste Ordinance.
Result of the motion:
Supervisor Thompson voted YES
Supervisor Newman voted YES
Chairman Call was absent from the room due to an emergency call from Governor Napolitano regarding security measures to protect sites around Arizona, which might be a potential terrorist target. The motion carried by two votes.
ITEMS FOR DISCUSSION
ITEM 13
STATE AND FEDERAL LEGISLATION
Mr. Klein mentioned that the Joint Legislative Budget Committee is still working at balancing the State budget. Whatever final decisions are made by Legislature, the impact on the Counties will be huge. There is a strong possibility that a large part of the Highway User Revenue Fund (HURF) will be used to fund the Department of Public Safety.
ITEM 14
FISCAL YEAR 2003-2004 BUDGET
County Administrator Jody Klein indicated that budget hearings have taken place with three major departments: Fleet, Facilities and Solid Waste and Information Technologies Department. The other departments have submitted their budgetary information and FY 03-04 Goals and Objectives
SUMMARY ON CURRENT EVENTS BY BOARD MEMBERS:
ITEM 15
REPORT BY SUPERVISOR PATRICK CALL, DISTRICT NO. 1 – Chairman Call was absent from the room for the reason indicated above.
REPORT BY SUPERVISOR PAUL NEWMAN, DISTRICT NO. 2 – Supervisor Newman made a report on the visit of Senator McCain, Undersecretary for Homeland Security Asa Hutchinson and Congressman Raul Grijalva to Bisbee, Douglas and the US Mexico Border area. Supervisor Newman also mentioned an upcoming meeting with Attorney General Terry Goddard to discuss issues related to the County.
REPORT BY SUPERVISOR LESLIE THOMPSON, DISTRICT NO. 3 - Supervisor Thompson did not provide a report.
No further business being presented, Chairman Call declared the meeting adjourned. The next regularly scheduled meeting of the Cochise County Board of Supervisors will be held on Tuesday, March 25, 2003 at 2:00 p.m. in the Cochise County Board of Supervisors’ Hearing Room which is located at 1415 W. Melody Lane (Building B), Bisbee, AZ.
APPROVED: ____________________________________
Patrick Call, Chairman
ATTEST: _____________________________________
Nadine Parkhurst, Clerk of the Board
(SUPPORTING DOCUMENTATION IS AVAILABLE AT THE BOARD OF SUPERVISORS’ OFFICE)
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