YUMA COUNTY BOARD OF SUPERVISORS
Also sitting as all SPECIAL TAXING DISTRICTS where noted
REGULAR SESSION: January 22, 2013 Page 1 of 7
The Yuma County Board of Supervisors met in a regular session on January 22, 2013. The meeting was held at 198 South Main Street, Yuma, Arizona.
CALL TO ORDERAt 8:30 a.m., the Chairman convened the Board of Supervisors
in open session, also sitting as the board of directors of all special taxing districts
where noted. Supervisors present were:Greg Ferguson, Russell McCloud,
Lenore Loroña Stuart, Supervisor Marco A. “Tony” Reyes, and Russell T. “Russ” Clark.Others present were:County Administrator Robert L. Pickels, Jr.; County Attorney
Jon Smith; Chief Civil Deputy County Attorney Bill Kerekes; Public Works Director
William Beck; Account Clerk III/Public Works Rheo Pasko;County Engineer
Roger Patterson; Senior Civil Engineer Craig Sellers; Housing Director Gloria Mallek; Housing Board Member Mrs. Maria E. Ceniceros; Public Health Services Director
Diana Gomez; Deputy HealthDirector/Director of Nursing Maria Nunez; Planning Director Paul Melcher; Civil Engineer Frank Sanchez; Planner II Juan Leal-Rubio, and Deputy Clerk Christy Isbell.
Action to authorize an Executive Session of the Board of Supervisors pursuant to Arizona Revised Statute§38-431.03(A)(7).(See separate Executive Session agenda.)
MOTION (REYES/STUART): Authorize an Executive Session of the Board of Supervisors.
VOICE VOTE: The motion carried 5-0.
At 8:30 a.m., Chairman Ferguson recessed the open session and, following the authorized closed (Executive) session, reconvened the Board of Supervisors in Regular Session at 9:05 a.m., also sitting as the boards of directors of all special taxing districts where noted.
Supervisor Clark led the Pledge of Allegiance.
CALL TO THE PUBLIC:1) Sheriff Wilmotintroduced Investigator Eric Frost, who was recognized recently as Officer of the Year during the Yuma County Chamber of CommerceAnnual Awards Ceremony. Officer Frost was congratulated by all in attendance and thanked for his service to Yuma County. 2) Supervisor Stuart acknowledged the passing of longtime local pharmacist Thomas “Tom” Allen Alspach.
REGULAR SESSION AGENDA
No. 1: Presentation of "The County Line" by Yuma 77, the Yuma County Government Channel.No legal action was taken.
CONSENT CALENDAR:
MOTION (STUART/McCLOUD) Approve Consent Items Nos. 1 through 13, except
Nos. 8, 9, and 10.
VOICE VOTE: The motion carried 5-0.
ITEMS APPROVED UNDER THE CONSENT CALENDAR ARE:
No. 1:Assessor: Approve Tax Roll Corrections aslisted in batch dated
January 22, 3013,pursuant to ARS Title 42, Chapter 16, Article VI. (A full listing of all corrections is available from the Clerk of the Board of Supervisors.)
No. 2:Financial Services: Approve the Accounts Payable Demands disbursed in the amount of $1,854,322.21 and Payroll in the amount of $1,811,449.54 during the period of December 13, 2012 through December 20, 2012. (A detailed listing is available for review from the Clerk of the Board.)
DATE / TYPE / WARRANTS TOTAL12-19-12 / Accounts Payable / $ 230,420.75
12-20-12 / Accounts Payable / 1,585,578.84
12-17-12 / Payroll / 1,811,449.54
HOUSING:
12-13-12 / Vendors Payables / 37,552.82
12-13-12 / Section 8 Vouchers / 770.00
TOTAL: / 3,665,771.75
No. 3:Clerk of the Board: Approve the minutes for: December 17, 2012 Regular Session.
No. 4:Clerk of the Board:Action to recommend State approval of a Regular
Liquor License application Series No. 10, submitted by Clare Hollie Abel for the Dollar General Store No. 9937, 11592 S. Fortuna Rd., Yuma, Arizona, License
No. 10143143.
No. 5:County Administrator: Re-appoint Robert L. Pickels, Jr. to represent
Yuma County on the Yuma County Intergovernmental Transportation Authority (YCIPTA) for a 5-year term that will sunset on February 28, 2018.
No. 6:County Administrator:Authorize the Chairman to sign a letter of support for establishment of Local Transportation Assistance Funding (LTAF II) to those counties utilizing that fundingin support of transit functions.
No. 7:County Administrator: Adopt Resolution No. 2013-04, supportingthe National Community Health Partners to submit a grant application tothe U.S. Department of Veterans Affairsthat would provide traditional housing for qualified veterans for the "Housing for Heroes Project".
No. 11:Development Services/Engineering/Flood Control District: Accept the 2012 Assessment Report for the Yuma County Flood Control District.
No. 12:Housing:Approve the re-appointment ofMrs. Maria E. Ceniceros to the Yuma County Housing Board for a term that will sunset on February 1, 2014.
Just prior to the voice vote for the items approved under the Consent Calendar,
Supervisor Reyes thanked Mrs. Ceniceros for her past and future service as a member of the Yuma County Housing Board.
ITEMS PULLED FOR DISCUSSION:
No. 8:Human Resources: Approve amendment to PR-307 A (1) - On Call Duty Pay. (This item is continued from January 7, 2013, Item No. 10A.)
Mr. Pickels explained that on January 7, action for this item was inadvertently omitted, and the item was therefore placed on the agenda for action today.
MOTION (FERGUSON/STUART): Approve Item No. 8 as presented.
VOICE VOTE: The motion carried 5-0.
No. 9:Superior Court Administrator: Approve the appointment of Judge
Andrew W. Gould as judge pro tempore for Yuma County Superior Court for a term beginning January 1, 2013 and expiring December 31, 2013 or until a new local drug court judge is appointed, with no additional compensation or benefits fiscal or otherwise.
Upon query by Supervisor Reyes regarding whether Judge Gould is a resident of Yuma County, Mr. Smith confirmed that Judge Gould maintains Yuma residency, traveling to Phoenix as needed for his duties as Judge for the Arizona Court of Appeals/Division One, and is therefore available to serve as judge pro tempore on a limited basis for Yuma County Superior Court. Board members expressed their thanks for Judge Gould’s service to Yuma County.
MOTION (REYES/McCLOUD): Approve Item No. 10 as presented.
VOIVE VOTE: The motion carried 5-0.
No. 10:Public Works: Authorize the Public Works Department to participate in the City of Yuma's 2013 Slurry Seal Contract Bid No. 2010000419, at the contracted bid price of $1.118 per square yard; and authorize the Director of Public Works to execute all agreements and financial documents as needed to expedite the contracting process, contingent upon review by legal counsel.
Ms. Pasko responded to questions regarding policies for increases in contract bid prices. Public Works was unaware of the price increase at the time the contract proposal was received, however the bid with the City of Yuma (contract) stipulates that after one (1)
year, if prices increase from the suppliers, they are entitled to increase the bid proposal price as well. The asphalt emission supplier’s price increased by $.02 for a new bid price of $1.118 per square yard.
MOTION (McCLOUD/STUART): Approve Item No. 10 as presented, at $1.118 per square yard.
VOICE VOTE: The motion carried 5-0.
DISCUSSION AND ACTION ITEMS:
No. 1:Development Services/Engineering: Discussion and possible action to approve the recommended alignment for the Avenue E from State Route 195 to County 18th Street Planning and Environmental Corridor Study Project.
Civil Engineer Frank Sanchez introduced the item and gave the background of the project to date. The action for consideration before the Board today is to approve the preferred alignment.
Mr. Sanchez and Consultant Kevin Thornton, of Psomas, reviewed the alignment plan project to date, reviewed the recommended (east) alignment, reviewed pros/cons regarding both alignment options (east alignment versus west), and responded to questions regarding same.
Discussion ensued regardingthe two (2) alignment options; the Airport Authority’s preference (i.e., the east alignment due to eastward expansion plans). Mr. Sanchez and Mr. Thornton reported the Cities of Somerton and San Luis also concurred with the east alignment recommendation.
Mr. Thornton reviewed the next steps for the project and responded to questions regarding same.
Chairman Ferguson requested that staff should conduct outreach to the Cocopah Indian Tribe regarding this project as well.
MOTION (McCLOUD/REYES): Approve the east alignment as recommended.
VOICE VOTE: The motion carried 5-0.
PLANNING & ZONING AGENDA:Full legal descriptions of property sites for all Rezoning Cases are available for public review at the Yuma County Board of Supervisors' Office.
REZONING -- REGULAR PUBLIC HEARING ITEMS:Staff made a full presentation on each of the following items, followed by separate discussion, public hearing, and action by the Board of Supervisors.
No. 1:Development Services.Minor Amendment Case No. 2012-MA-07: A minor amendmenttothe Yuma County 2020 Comprehensive Plan adopting the Housing Element.
Planning Director Paul Melcher presented Minor Amendment Case No. 2012-MA-07 and noted this Housing Element is the result of the Board’s and the Planning Commissions direction during their Joint Work Session ofSeptember 5, 2012.
Discussion ensued regarding whether the element, if approved, would be a list of suggested, versus required actions, and the process for future modifications to theelement after adoption of same.
Discussion ensued regarding procedures for future element amendments. Mr. Melcher responded that specific element text amendments would require Board action as minor amendment actions, while guidance for administrative or support documents would not require Board action.
MOTION (REYES/McCLOUD): Approve Minor Amendment Case No. 2012-MA-07 as presented.
It was noted that the public hearing had not been conducted prior to the motion above, thus a motion to reconsider was in order.
MOTION (McCLOUD/STUART): Motion to reconsider this item.
VOICE VOTE: The motion to reconsider carried 5-0.
During the public hearing, no comments were received either in favor of opposition to this item.
MOTION (McCLOUD/STUART): Approve Minor Amendment Case No. 2012-MA-07 as recommended by the Planning & Zoning Commission.
VOICE VOTE: The motion carried 5-0.
REZONING -- REVERSION HEARINGS:In accordance with Section 404.01(I)(7) of the Yuma County Zoning Ordinance, the Board conducted a hearing to grant an extension, determine compliance, or cause the property to revert to its former zoning classification in the following cases:
Items Nos. 1 and 2 (listed below) were opened for simultaneous discussion and action.
No. 1:Development Services.Rezoning Case No. 05-70:In accordance with Section 404.01(I)(7) of the Yuma County Zoning Ordinance, action to grant an extension of time to comply with the Schedule for Development or cause the property to revert
toits former Rural Area-10 Acre minimum (RA-10) zoning classification, Assessor’s Parcel No. (APN) 725-53-002 (formerly APN 112-08-011A), located on the east side of Avenue 7E, one-quarter mile south of County 13½ Street, Yuma, Arizona.
No. 2:Development Services.Rezoning Case No. 05-71: In accordance with Section 404.01(I)(7) of the Yuma County Zoning Ordinance, action to grant an extension of time to comply with the Schedule for Development or cause the property to revert to its former Rural Area-10 Acre minimum (RA-10) zoning classification, Assessor’s Parcel No. (APN) 725-53-001 (formerly APN 112-08-011A), located on the east side of Avenue 7E, one-quarter mile south of County 13½ Street, Yuma, Arizona.
Juan Leal-Rubio gave the staff report simultaneously for Items 1 and 2, and recommended granting the three-year extension as requested by the applicant.
ApplicantBart Baker (one of the property owners) requested approval of the three (3) year extension to provide an opportunity to “get beyond the residential development economic downturn”.
MOTION (McCLOUD/STUART): Grant a three (3) year extension for Rezoning Case
Nos.05-70 and 05-71 as recommended by staff.
VOICE VOTE: The motion carried 5-0.
EVENTS CALENDAR/CURRENT EVENTS:
Board members and the CountyAdministrator reported and discussed events attended or to be attended on behalf of the County, presented a brief summary of current events and updated the schedule for future Board of Supervisor meetings, as appropriate. No legal action was taken, pursuant to A.R.S. §38-431.02(K).
At 10:20 a.m., the Chairman recessed the Regular Session, then reconvened Regular Session at 10:36 a.m. Members present were: Greg Ferguson, Russell McCloud,
Lenore Loroña Stuart, Marco A.“Tony” Reyes, and Russell T. “Russ” Clark.Others present were:County Administrator Robert L. Pickels, Jr.; Deputy County Administrator/Budget Manager Jim Flory; Public Health Services Director Diana Gomez; Deputy Public Health Services Director/Director of Nursing Maria Nunez; Planning Director Paul Melcher; Communications Director Kevin Tunell, and Deputy Clerk Christy Isbell.
WORK SESSION DISCUSSION AND ACTION ITEM:
No. 1:Public Health Services/Animal Control: Presentation regarding the status of the County’s animal control program and possible action to direct staff on future facility development.
Mr. Pickels reported on program statistics and costs regarding both the current animal control services and proposed options for same including the Humane Society of Yuma (HSOY) option, and such options including the recommended option of developing a joint facility and animal control program. Local cities and towns are supportive of the joint facility concept.
Discussion ensued regarding the logistics of implementing a joint facility, including operational aspects, location options, estimated facility costs including financing,operation, and maintenance costs; shared responsibility, proportional participation costs; and intergovernmental agreement structure. Specific details would be developed cooperatively with participating entities and presented for future consideration by same.
Discussion ensued regarding the proposed animal “hold-time” procedures for a joint facility. Mr. Pickels proposed the following: 1) Reunify animals with their owners (ultimate goal) and if reunification is not possible: 2)Transfer animals to local rescue organizations; and, 3) Euthanizing animals would be a last resort. Each city/town would have
24-hour access to a joint facility.
Discussion ensued regarding the viability of a joint control patrol function. Mr. Pickels reported that participating entities have agreed that such a function is not an option since the municipalities and Yuma County operate under different respective ordinances.
Ms. Gomez expressed her confidence with the experience and ability of Public Health Services staff for operating an animal control program.
MOTION (STUART/McCLOUD): Direct staff to move forward with the concept of developing an animal control facility.
VOICE VOTE: The motion carried 5-0.
There being no further business to come before the Board, the Chairman adjourned the meeting at11:14 p.m.
YUMACOUNTYBOARD OF SUPERVISORS
Adopted this 4thday of February, 2013. Agenda Item No. C3(d).
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GREGORY S. FERGUSON, Chairman
ATTEST:
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Robert L. Pickels, Jr.
County Administrator/Clerk of the Board
RLP/cpi/gh
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