GREENLEE COUNTY BOARD OF SUPERVISORS CLIFTON, ARIZONA. August 4, 2008

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1 GREENLEE COUNTY BOARD OF SUPERVISORS CLIFTON, ARIZONA August 4, 2008 The Greenlee County Board of Supervisors met on this date in regular session in the Board Meeting Room, 2 nd Floor Courthouse Annex, Clifton, Arizona, with the following members present: Hector Ruedas, Chairman; Richard Lunt, Member; and Amy McCullar, Member. Also present were Deborah K. Gale, County Administrator/Clerk of the Board and Yvonne Pearson, Assistant Clerk of the Board. Chairman Ruedas called the meeting to order at 10:00 a.m. Supervisor McCullar led those present in the Pledge of Allegiance. Upon motion by Supervisor McCullar, seconded by Supervisor Lunt, and carried unanimously, the Board approved the Public Health Services District Consent Agenda as follows: $ Clerk of the Board: Approval of Public Health Services District expense warrants in excess of $1,000 Upon motion by Supervisor McCullar, seconded by Supervisor Lunt, and carried unanimously, the Board approved the Flood Control District Consent Agenda as follows: $ Clerk of the Board: Approval of Flood Control District expense warrants in excess of $1,000 Mr. John Basteen, Justice of the Peace, District 2, requested that the Board of Supervisors consider realignment of the boundaries which separate the two Justice of the Peace districts. He requested that the boundary be repositioned to the north of Highway 191 moving it from District 1 into District 2. He stated that this change will not affect any voters. Currently there is a difference of 43 productivity points in traffic cases between the two districts which directly impacts the salaries of the Justices of the Peace (JP=s). District 1 JP is already one salary level above the District 2 JP and is likely to increase to another level soon. He stated that realigning the boundary would make the traffic case workload more evenly distributed which would make the salaries more fairly equal and would possibly eliminate the cost and need for additional staffing as requested by the District 1 JP. Ms. Grace Nabor, Justice of the Peace, District 1, presented statements in objection to the realignment. She stated that realignment would affect the productivity points by reducing them about 9 points. She also stated that realignment would affect her constituency by inconveniencing them to have to drive to Duncan to pay fines or appear in traffic court. Supervisor McCullar echoed Ms. Nabor=s comments that it would be a hardship on their constituents to have to drive to Duncan to deal with traffic and driving violations.

2 PAGE 2 Mr. Derek Rapier, County Attorney, reviewed Arizona Revised Statutes governing JP Boundaries. He stated perhaps persons having to drive to Duncan to deal with their traffic and driving violations would be a deterrence to disobey traffic laws endangering the lives and safety of constituents who don=t break the law. He clarified that boundary changes can take effect once approval is received from the US Department of Justice. Upon motion by Supervisor Lunt, seconded by Supervisor Ruedas, the Justice of the Peace boundaries were changed to the north side of Highway 191. Supervisor McCullar expressed that she is not in favor of the change, stating that it would be a hardship on her constituency. The Board convened into Work Session to discuss the Fiscal Year 2008/2009 Budget and a Permanent Base Limit Adjustment Election Ms. Gale stated that Sheriff Tucker met with her to discuss the methodology used for determining the Jail Commander salary. She stated that the average Detention Supervisor salary of the six small counties has been used in the past and again this year when salaries were reviewed and was set at $41, She presented the average of the small counties salaries for Jail Commander of $52,465. The Sheriff requested that the Board consider changing the Jail Commander salary to reflect the average of the small counties as presented. The Board expressed concerns that the budget has already been set and asked where the additional expense would come from. Ms. Gale stated that once the Tentative Budget has been set that the bottom line cannot be changed. The change would have to come out of Contingency Funds which are set aside for emergencies. Ms. Gale stated that Judge Grace Nabor met with her to discuss information that was provided by the Administrative Office of the Courts regarding positions within the Justice Courts in the six small counties. She stated that the data contains actual salaries including years of service and experience, not salary ranges. Greenlee County uses the average entry level range for determining placement on our pay scale. Judge Nabor has requested that the Board consider reclassifying one of the full time positions in her office as a Chief Clerk. Ms. Gale stated that Ernie Casias, Animal Control Supervisor, met with her to discuss salaries in his department and presented data which reflects actual salaries paid versus entry level range data used to determine placement on our pay scale. Mr. Casias requested: $ Title change from Animal Control Supervisor to Director of Animal/Rabies Control Services and the salary be set at $35,000 - $40,000 DOE (dependent on experience) $ Title change from Animal Control Officer to Rabies/Animal Control Officer I and the salary range of $28,500 - $32,500 DOE. $ Addition of Rabies/Animal Control Officer II position and the salary range of

3 PAGE 3 $24,500 - $28,500 DOE. The Board questioned the timing of this presentation. The Board has been having Budget Work Sessions for two months and has already set the Budget. Chairman Ruedas expressed his frustrations that the budget, including salaries has already been set and Elected Officials and Department Heads are requesting salary changes after the fact. He stated that the budget process needs to be looked at so that these requests are presented timely. He felt that they are being pressured because it is election year and stated that he does not work that way. The Board discussed the need for a Permanent Base Limit Adjustment Election in order to increase the expenditure limitation and allow the County to expend revenues which are received above the base limit allowed. Ms. Gale reviewed the history of expenditure limitations and the formula used to calculate that figure. She recommended that the Board ask the voters to approve an increase of $3 million expenditure limitation and stressed that this is not a tax but allows Greenlee County to spend money it has coming in but cannot spend. The Board gave direction to the County Administrator as follows: $ The requests by the Animal Control Supervisor is denied. $ Increase the salary of the Jail Commander to $52,465 with the difference in the budgeted salary to be taken from Contingency Funds. $ Reclassify one full time position in the JP District 1 office to Chief Clerk and salary increase to $28,297 with the difference in the budgeted salary to be taken from Contingency Funds. The Board convened into Truth in Taxation Public Hearing pursuant to Arizona Revised Statutes No persons presented testimony in favor of or in opposition of the proposed tax rates. Ms. Gale stated that this Public Hearing was published for two weeks in the local newspaper as required. She recommended that the Board keep the tax rate of.3514 which is the maximum allowable under the current formula. This being the date and time set for the Public Hearing on the Fiscal Year 2008/2009 County Budget as required by Arizona Revised Statutes and duly published, the Board convened into Public Hearing. Ms. Gale reviewed the budget with the Board stating that there is an adjustment from the Tentative Budget due to receipt of actual Special Revenue figures received for Forest Fees and Flood Control District taxable properties. The amount of Special Revenues dropped from the Tentative Budget. No persons presented testimony in favor of or in opposition to the budget as presented. Ms. Gale recommended that the Board adopt the Final Budget for Fiscal Year 2008/2009 in the amount of $16,451,834 reflecting $8,542,493 for the General Fund.

4 PAGE 4 Chairman Ruedas called for a roll call vote for the adoption of the Primary Property Taxes pursuant to Arizona Revised Statutes A.4 for fiscal year 2008/2009 with Supervisor McCullar voting aye, Supervisor Lunt voting aye, and Chairman Ruedas voting aye. unanimously, the Board of Supervisors adopted the final budget and resolution for fiscal year 2008/2009 in the amount of $16,451,834. The General Fund budget was set at $8,542,493, the Special Revenue budget at $7,309,341, and Debt Service budget at $600,000. RESOLUTION FOR THE ADOPTION OF THE FINAL BUDGET FISCAL YEAR WHEREAS, in accordance with the provisions of Title 42 Chapter 17, Articles 1-5, Arizona Revised Statutes (A.R.S.), the Board of Supervisors did on July 7, 2008, make an estimate of the different amounts required to meet the public expenditures for the ensuing year, also an estimate of revenues from sources other than direct taxation, and the amount to be raised by taxation upon real and personal property of Greenlee County, and WHEREAS, in accordance with said chapter of said title, and following due public notice, the Board met on August 4, 2008, at which meeting any taxpayer was privileged to appear and be heard in favor of or against any of the proposed expenditures or tax levies, and WHEREAS, it appears that publication has been duly made as required by law, of said estimates together with a notice that the Board will meet on August 18, 2008, at the Office of the Board for the purpose of hearing taxpayers and making tax levies as set forth in said estimates, and WHEREAS, it appears that the sums to be raised by taxation, as specified therein, do not in the aggregate amount exceed that amount as computed in A.R.S (A); NOW, THEREFORE, BE IT RESOLVED, that the said estimates of revenue and expenditures/expenses shown on the accompanying schedules as now increased, reduced or changed, are hereby adopted as the final budget of Greenlee County for the Fiscal Year PASSED AND ADOPTED BY THE GREENLEE COUNTY BOARD OF SUPERVISORS, THIS 4 th DAY OF AUGUST, 2008.

5 PAGE 5 ATTEST: /s/ Deborah K. Gale, Clerk of the Board APPROVED: /s/ Hector Ruedas, Chairman Ms. Gale recommended asking voters to approve a permanent base limit adjustment at the General Election to be held November 4, A permanent base limit adjustment to the county expenditure limit is not a tax increase. This allows the County to expend funds that are received from all sources. The County is still under a levy limit which is the limit on how much the County can tax local property owners. This permanent base limit adjustment does not affect that levy limit. With voter approval, the County will permanently adjust the expenditure base of the County by $1,600,000 beginning in fiscal year 2009/2010 and utilize the additional expenditure authority for any budgetary purposes including general government, ambulance services, health services, road services, and landfill services. unanimously, the Board adopted Resolution # call for election pursuant to A.R.S proposal for permanent adjustment of expenditure limitations. RESOLUTION RESOLUTION OF THE GREENLEE COUNTY BOARD OF SUPERVISORS PROPOSING A PERMANENT ADJUSTMENT TO THE BASE EXPENDITURE LIMITATION OF THE COUNTY OF GREENLEE. WHEREAS, the Arizona State Constitution permits the submission to the voters of a County of a permanent adjustment to the Base Expenditure Limitation; and WHEREAS, the Board of Supervisors of Greenlee County has determined that a permanent base adjustment is necessary for Greenlee County. NOW, THEREFORE, BE IT RESOLVED by the Greenlee County Board of Supervisors that the following permanent base adjustment be submitted to the voters of Greenlee County. SHALL THE EXPENDITURE BASE OF GREENLEE COUNTY BE PERMANENTLY ADJUSTED BY $1,600,000. PASSED AND ADOPTED BY THE GREENLEE COUNTY BOARD OF SUPERVISORS THIS 4 TH DAY OF AUGUST, APPROVED: /s/ Hector Ruedas, Chairman ATTEST: /s/ Deborah K. Gale, Clerk of the Board Chairman Ruedas excused himself from the meeting at 12:35 p.m. Vice Chairman

6 PAGE 6 McCullar conducted the remainder of the meeting. The Board convened into Planning and Zoning request of Doug Bitner to rezone about 4.21 acres of Assessor's Parcel from RU 36 to RU 4 at 489 Country Club Road. Mr. Philip Ronnerud, Planning and Zoning Director, stated that Mr. Bitner wants to build a home and a shop on this parcel. Public developed access is available from Country Club Road and a zoning change would not affect the legal status or tax status of any other surrounding properties. Rezoning is required to comply with the Planning Regulations as the parcel size is less than the minimum. He stated that the Planning and Zoning Commission has sent a positive recommendation to the Board with one stipulation that a Waiver of Diminution of Value be recorded. The Board reconvened into regular session and upon motion by Supervisor Lunt, seconded by Supervisor McCullar, and carried unanimously, the Board approved the Planning and Zoning request of Doug Bitner to rezone about 4.21 acres of Assessor's Parcel from RU 36 to RU 4 at 489 Country Club Road with the stipulation as presented. The Board convened into Planning and Zoning request of Greenlee County to rezone Blue School property of Assessor's Parcel from RU 36 to RU 4 at Blue River Road. Mr. Ronnerud stated that the rezoning is necessary to allow a library be built on the parcel. The Planning and Zoning Commission has sent a positive recommendation with no stipulations. The Board reconvened into regular session and upon motion by Supervisor Lunt, seconded by Supervisor McCullar, and carried unanimously, the Board approved the Planning and Zoning request of Greenlee County to rezone Blue School property of Assessor's Parcel from RU 36 to RU 4 at Blue River Road with no stipulations. Mr. Ron Pearson, Public Works Manager, updated the Board on the recent monsoon flooding in Duncan. He stated that Greenlee County Public Works Department and Sheriffs Office assisted with road barricades and assisted evacuation of people whose homes were being flooded. He commended Richard Reed and John Blackburn for their efforts and Sam Roybal and Toni Lawrence for their efforts in the Clifton area. unanimously, the Board approved the request by Ron Pearson to solicit bids for one (1) Dumpster Truck for the Public Works Department (Landfill). unanimously, the Board approved the request by Ron Pearson to solicit bids for a video incar system for the Sheriffs Department patrol vehicles.

7 PAGE 7 unanimously, the Board approved the Consent Agenda as follows: A. Clerk of the Board: Approval of minutes to previous meeting - 07/7/08 B.` County Sheriff: Approval of change in payroll budget due to hire of: R. Stickles, Deputy; D. Rios, Deputy Cadet; S. Shotwell, Part-time Detention Officer C. Public Works Operations Manager: Approval of change in payroll budget due to hire of: D. Aranada, Public Works Operations Tech II, J. Hansen, Public Works Operations Tech II, E. Bejarano, Public Works Operations Tech II D. Elections Director: Appointment of Democratic Precinct Committeemen pursuant to A.R.S for a 2 year term beginning January 1, 2009 ending December 31, 2010: Precinct 3-Clifton 1 - Mary Arlene Beager, Susan Breen, Vera Irvin, Eddie Navarrete, Mary Rodriguez; Precinct 4-Clifton 2 - Linda Durr, Shirley Randall; Precinct 7-York/Sheldon - Cheryl Resur; Precinct 8-Duncan - Bertie Kay Sanders Ortiz E. Elections Director: Appointment of Republican Precinct Committeemen pursuant to A.R.S for a 2 year term beginning January 1, 2009 ending December 31, 2010: Precinct 4-Clifton2 - Marshall Hagan F. Elections Director: Appointment of Republican Precinct Committeemen pursuant to A.R.S for a 2 year term beginning January 2, 2009 ending December 31, 2010: Precinct 8-Duncan - Lee Hagan, Donald S. Merrell G. Superior Court Judge: Approval of Contract for Provision of Indigent Representation for attorney's Channen Day, Michael Peterson, and David Griffith H. County Sheriff: Approval of 2008/2009 Arizona Criminal Justice Commission Byrne's Grant requiring a match of $6,909 with General Funds I. Emergency Management Coordinator: Approval of OnSite Infrastructure Response and Dispatch Service Agreement with Motorola for maintenance and service for Greenlee County Communications System in an amount not to exceed $41, with budgeted General Funds J. County Assessor: Approval of 2009 Intergovernmental Agreement Limited Term - Department of Revenue Data Processing Services K. Chief Probation Officer: Approval of AZ Supreme Court Administrative Office of the Courts Juvenile Justice Services Division Family Counseling Program for Fiscal Year 2008/2009 requiring matching funds in the amount of $1, from General Funds L. County Engineer: Approval of pls Group Engineering and Surveying Proposal to survey the Landfill to prepare for expansion and future operations in an amount not to exceed $10, with budgeted Landfill Development/Closure Funds M. County Engineer: Approval of funding the State's portion of the West Taxiway Construction Project in an amount not to exceed $25, with

8 PAGE 8 Airport Improvement Funds N. IS/IT Manager: Approval of donation of approximately 15 used computer monitors to Graham County Rehabilitation Center O. County Sheriff: Approval to pay past due invoices from the Sheriffs Department to RDI Specialties Inc. in the amount of $4, with General Funds P. IS/IT Manager: Approval to purchase additional PubWorks Modules and Database upgrade to SQL in an amount not to exceed $9, with budgeted General Funds Q. County Engineer: Approval of Greenlee Mountain Ranch II Street name changes Supervisor Lunt reported the following: A. He attended the National Association of Counties (NACO) Conference where Maricopa County Supervisor Don Stapley was elected NACO President. Supervisor Lunt sits on the NACO Public Lands Committee where several issues were discussed including the fact that there are 16 states with budget deficit issues. B. He attended the Arizona Department of Agriculture meeting where issues were discussed regarding the sweeping of funds by the State to help balance the state budget deficit. Ms. Gale reported the following for Chairman Ruedas: A. Greenlee County hosted meetings with several Federal and State agencies on July 29, 30, and 31 regarding the Mexican Wolf Program where several issues of concern were discussed including the proposal that New Mexico take over the administration of the Mexican Wolf Program. She stated that Arizona will fight the issue. B. Governor Napolitano visited Greenlee County on July 30 for the first time since elected Governor. Her trip included a mine tour and a meeting with elected officials at the Courthouse. She made presentations declaring the Train Depot in Clifton an Arizona Treasure as well as two baby gauge locomotives located in Clifton and Morenci. Ms. Gale reviewed the Calendar of events. The regular meeting of the Board of Supervisors scheduled for September 2 was rescheduled to September 5 at 3:00 p.m. due to the Primary Election on September 2. The Board scheduled a special meeting on September 11 at 8:30 a.m. to canvass the Primary Election.

9 PAGE 9 There being no further business to come before the Board of Supervisors, the meeting was adjourned at 1:08 p.m. ATTEST: /s/ Yvonne Pearson Asst. Clerk of the Board APPROVED: /s/ Amy McCullar, Vice Chairman

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