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County: Apache
Printed In: White Mountain Independent (Show Low)
Printed On: 2026/08/08

Public Notice:

OFFICIAL PROCEEDINGS OF THE
APACHE COUNTY
BOARD OF SUPERVISORS MEETING
July 1, 2026
St. Johns, Arizona
Present were: Chairman Tom M. White, Jr. and member Jim Claw. Also present; Delwin Wengert, County Manger/Clerk and Brad Carlyon, Chief Deputy County Attorney. Supervisor David A. Brown participated via the telephone.
Mr. White called the Apache County Library District Board meeting to order at 8:30 a.m. in the Board of Supervisors chambers, County Annex building, 75 W. Cleveland, St. Johns, Arizona and welcomed all in attendance.
Mr. Brown's connection was cut off.
Judith Pepple, Library Director, presented the item requesting approval to accept an e-rate refund from Table Top Telephone Co. Inc., in the amount of $189.12. Mr. Claw moved to approve, seconded by Mr. White. Motion passed.
Judith Pepple, Library Director, presented the item requesting approval to accept a donation from the Salt River Project Boosters Association in the amount of $425.99. Mr. Claw moved to approve, seconded by Mr. White. Motion passed.
Judith Pepple, Library Director, presented the item requesting approval to accept a donation from S.R.P. Coronado Generation Station in the amount of $150.00 to support the summer reading program at the Concho Public Library. Mr. Claw moved to approve, seconded by Mr. White. Motion passed.
Mr. Brown was reconnected via the telephone to the meeting.
Judith Pepple, Library Director, presented the item requesting authorization to change the following employees to on-call permanent employees: Risa Udall, Jeri Drain and Shane Park. Mr. Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
Judith Pepple, Library Director, presented the item requesting approval to pay county employees on a time slip basis for reimbursement to the General Fund and the H.U.R.F. for services performed for the Library District. Mr. Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
Judith Pepple, Library Director, presented the item requesting authorization to dispose of books that have been donated to or withdrawn from library collections by offering them for sale at each of the library facilities. Mr Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
There was no need for executive session. Mr. Brown moved to adjourn, seconded by Mr. Claw. Vote was unanimous.
Mr. White called to order the Jail District Board meeting.
Commander Brian Hough presented the item requesting approval to transfer ACCENT agent Joe Goldsmith to Jail Commander, at a salary of $49,697, effective June 21, 2026 and fill the vacancy the transfer created. Mr. Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
Commander Brian Hough presented the item requesting approval to transfer Detention Corporal Jeffrey Soderquist to Deputy Sheriff Cadet, effective June 22, 2026 and promote Detention Officer Bonifacio Morales to fill the vacancy the transfer creates. Mr. Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
There was no need for executive session.
Mr. Claw moved to adjourn, seconded by Mr. Brown. Vote was unanimous.
Mr. White called to order the regular meeting of the Board of Supervisors.
Mr. White presented the demands awaiting approval. Mr. Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
Mr. White presented the minutes dated June 17, 2003. Mr. Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
Mr. White presented the public hearing for the approval of the Tentative Budget for fiscal year 2003-2004. Mr. Wengert stated that due to the hard work of Senator Brown and other state representatives, the county was basically held harmless and that the budget came in higher due to two major factors; Homeland Security brought in an additional $700,000 in grant funding and the Payment in Lieu of Taxes (PILT) was higher than expected for this year. Mr. Wengert recommended the County absorb the health insurance increase of about 9%, absorb the increase in state retirement and recommended county employees receive a 2% Cost of Living Allowance (COLA) increase. Mr. Wengert stated the increase has been reflected in the budget. Mr. Wengert thanked all of the elected officials and department heads for their hard work and in holding to basically the same budget as last year. Mr. Brown commended Mr. Wengert, Ms. James and the staff in the Finance Department for their hard work on the budget. Mr. Wengert stated that the final budget would be approved during the August 11th meeting. Mr. Claw and Mr. White thanked Ms. James and her staff for their work on the budget. Mr. Claw moved to approve the tentative budget with Mr. Wengert's recommendations, seconded by Mr. Brown. Vote was unanimous.
RESOLUTION NO. 2003-23
APACHE COUNTY RESOLUTION FOR THE TENTATIVE ADOPTION
OF THE BUDGET FISCAL YEAR 2003-2004
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 1, 2026 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 an estimate of the amount to be raised by taxation upon real and personal property, and THEREFORE, BE IT RESOLVED, that the said estimates of revenues and expenditures shown on the accompanying schedules are hereby adopted as the Tentative Budget of Apache County for fiscal year 2003-2004.
Passed and Adopted by the Board of Supervisors of Apache County, this1st day of July, 2003.
/s/ Tom M. White, Jr.
Chairman, Board of Supervisors
ATTEST:
/s/ Delwin Wengert
Clerk, Board of Supervisors
Sue Hall, Clerk of the Court, presented notification of Carol Feezor's intent to retire, effective December 31, 2025 with application to the retirement incentive Program. No Action was needed or taken.
Sue Hall, Clerk of the Court, requested authorization to hire Jenna Rothlisberger as a summer intern for 60 days at $7.00 per hour, effective July 1, 2003. Mr. Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
Sue Hall, Clerk of the Court, presented notification of the resignation of Buella Janiel Peterson, effective July 11, 2026 and requested authorization to fill the vacancy. Mr. Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
Margaret Coalter, Recorder, presented the item requesting authorization to purchase two (2) computers not to exceed $2,500 each, paid out of the Recorder's Surcharge Fund. Ms. Coalter stated that the replaced computers would be used for the outreach program. Mr. Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
Melody Caps, Assessor, presented the item requesting approval to purchase two (2) H.P. Tablet Personal Computers with docking stations and warranties, not to exceed $3,100 each. Mr. Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
Tina Norton, School Superintendent Chief Deputy, presented the request to approve an intergovernmental agreement between the County Schools and the Town of Eagar to place a tower on Cemetery Hill. Ms. Norton stated that this would be of no cost to the county and benefit the Round Valley area. Mr. White asked if the Attorney's office had reviewed the agreement. Mr. Carlyon stated that he had reviewed the agreement, made changes and now meets with his approval. Mr. Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
Mr. Carlyon on behalf of the Attorney's Office, presented the item requesting approval to remove Bonnie Stalling, effective June 26, 2026 and T.J. Bond, effective June 20, 2026 from probation with the end of probation increase. Mr. Carlyon stated that they both received excellent ratings and recommended approval. Mr. Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
Commander Brian Hough with the Sheriff's Office, presented the item requesting approval to accept a grant award in the amount of $21,585 for the purchase of surveillance equipment from the Criminal Justice Enhancement Fund. Mr. Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
Commander Brian Hough with the Sheriff's Office, presented the item requesting approval to purchase two (2) laptop computers for the Mobile Emergency Operations Center, using Homeland Security Domestic Preparedness grant funding, at a not to exceed cost of $3,000 each. Mr. Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
Commander Brian Hough on behalf of the Sheriff's Office, presented the item requesting approval to transfer ACCENT agent Joe Goldsmith to Jail Commander, effective June 21, 2026 and fill the vacancy the transfer created. Mr. Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
Commander Brian Hough, on behalf of the Sheriff's Office, requested approval to transfer Detention Corporal Jeffrey Soderquist to Deputy Sheriff Cadet, effective June 22, 2026 and promote Detention Officer Bonifacio Morales to fill the vacancy the transfer creates. Mr. Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
Commander Brian Hough, on behalf of the Sheriff's Office, requested approval to purchase a 4x4 crew cab diesel pick up through state purchasing, not to exceed $40,000. Commander Hough stated that the funds would come from Homeland Security Department of Justice grant. Mr. Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
Commander Brian Hough, on behalf of the Sheriff's office, requested authorization to hire two (2) summer interns at $7.00 per hour not to exceed 60 days, effective July 1, 2003. Mr. Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
Commander Brian Hough, on behalf of the Sheriff's office, requested authorization to adopt the Apache County Open Outdoor Fire Ordinance on an emergency interim basis pursuant to A.R.S. 26-307 which allows for the suspension of the fifteen day notice requirement in A.R.S. 11- 251.05 when it is necessary for emergency functions. Mr. Wengert stated that the ordinance was listed incorrectly on the agenda and should be Ordinance No. 2003-21 and that is would run in conjunction with Forest Service requirements and guidelines. Mr. Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
ORDINANCE NO. 2003-21
APACHE COUNTY
OPEN OUTDOOR FIRE ORDINANCE
AN ORDINANCE ADOPTED BY THE BOARD OF SUPERVISORS OF APACHE COUNTY, ARIZONA, PURSUANT TO A.R.S. 11/251 AND 11-251.05, PROHIBITING CERTAIN OPEN OUTDOOR FIRES IN THE UNINCORPORATED AREAS OF APACHE COUNTY DURING PERIODS WHEN SUCH FIRES ARE PROHIBITED BY THE UNITED STATES FOREST SERVICE OR BY RESOLUTION OF THE APACHE COUNTY BOARD OF SUPERVISORS; AND PROVIDING CIVIL PENALTIES FOR VIOLATIONS.
WHEREAS, A.R.S. 11-251(31) and 11-251.05 authorize the Apache County Board of Supervisors to make and enforce all local police, sanitary and other regulations not in conflict with general law; and
WHEREAS, the Board of Supervisors is concerned about dry conditions, low humidity, increased windy conditions and high temperatures, which increase the threat of human-caused fires in the unincorporated areas of Apache County; and
WHEREAS, the United States Department of Agriculture, United States Forest Service, prohibits certain open outdoor fires in areas designated by order; and
WHEREAS, local fire departments and fire districts likewise prohibit certain open outdoor fires within their respective areas of jurisdiction; and
WHEREAS, the Board of Supervisors wishes to prohibit certain open outdoor fires in the unincorporated areas of Apache County during periods when such fires are prohibited by the Forest Service or when the Board prohibits such fires by a resolution adopted pursuant to a request by the Director of Emergency Services or one or more local fire departments or dire districts;
NOW, THEREFORE, be it ordained by the Board of Supervisors that the following ordinance is hereby adopted and may be referred to as the Apache County open outdoor fire ordinance.
SECTION 1: DEFINITIONS
1.1. Open Outdoor Fire - any combustion of combustible material(s) of any type that is not within a fully enclosed building, mobile home or other structure having four walls and a ceiling.
1.2 Campfire - an open outdoor fire that is used for cooking, personal warmth, lighting ceremony or aesthetic purposes.
1.3 Gas Barbecue a fixed or portable device where food is cooked outdoors on a metal frame over a fire fueled by a propane or gas source.
1.4 Bonfire an open outdoor fire for the purpose of burning rubbish, waste material or refuse.
SECTION 2: PROHIBITION/EXEMPTIONS
2.1 Prohibition against Open Outdoor Fires: At any time when there is in effect an order issued by the United States Department of Agriculture, United States Forest Service, pursuant to Title 36, Section 261.52 of the Code of Federal Regulations, restricting fires within a National Forest located wholly or partly within the boundaries of Apache County, it shall be unlawful for any person to build, maintain, attend, ignite, or use an open outdoor fire, including a campfire or bonfire, in the unincorporated areas of Apache County, except as provided in this Section. It shall likewise be unlawful for any person to build, maintain, attend, ignite, or use an open outdoor fire, including a campfire or bonfire, in the unincorporated areas of Apache County when such fires have been prohibited by a resolution adopted by the Board of Supervisors pursuant to a request by the Director of Emergency Services or one or more fire departments or fire districts located wholly or partly within the boundaries of Apache County.
2.2 Exemptions: The following open outdoor fires are exempt from the provisions of this ordinance.
A. Open outdoor fires used solely for the cooking of food on a gas barbecue.
B. Open outdoor fires set or permitted by any public officer in the performance of official duty of the purpose of weed abatement, the prevention of fire hazard or instruction in the methods of fighting fires.
C. Open outdoor fires set or permitted by the Director of the Department of Agriculture or County Agricultural agents for the purpose of disease and pest prevention.
D. Open outdoor fires set by or permitted by the Federal Government or any of its departments or agencies, or the State of Arizona or any of its deparbdivisions, for the purpose of watershed rehabilitation or control through vegetative manipulation.
E. Any campfire within a designated area at a developed recreational site maintained by an agency or department of the federal, state, or local government (unless further prohibited by the governmental entity having jurisdiction over the recreational site.)
F. Open outdoor fires authorized by a permit issued pursuant to A.R.S. 49-501 et seq.
G. In addition to the exceptions set forth in paragraphs A through F, the Board of Super-visors may, by resolution, exempt certain portions of the unincorporated area of Apache County if the issuance of an order by the Forest Service as described in Section 2.1, or the adoption of a resolution by the Board as described in Section 2.1, is deemed by the Board not to require country-wide application of this ordinance. In such circumstances, the resolution of the Board shall clearly specify areas which are exempted.
SECTION 3: PENALTY/ENFORCEMENT
3.1 Each violation of this ordinance shall result in a civil penalty not to exceed $100.00. Each day that a violation continues shall be deemed a separate offense. In addition to the foregoing fine, the reasonable response costs of the governmental entity or entities that respond to the prohibited fire may be assessed against the violator(s).
3.2 This ordinance may be enforced by an action in the Justice Court Precinct where the violation occurs.
SECTION 4: APPLICABILITY
4.1 This ordinance applies within all unincorporated areas of Apache County.
PASSED AND ADOPTED THIS 1st day of July, 2003, by the Board of
Supervisors of Apache County, Arizona.
/s/ Tom M. White, Jr., Supervisor, District II
Chairman of the Board of Supervisors
/s/ David A. Brown, Supervisor, District III
/s/ Jim Claw, Supervisor, District I
ATTEST:
/s/ Delwin Wengert, Clerk of the Board
Homer Roger, Building Inspector, presented notification of a public hearing to be held on August 11, 2026 regarding a change in the Apache County Building Ordinance. Mr. Rogers provided a brief description of the requested change and stated that the proper advertisement and notice would be completed prior to the hearing. No action was needed or taken.
Chris Matthews, Juvenile Probation Director, requested authorization to provide $4,175 in matching funds for family counseling program monies with $16,698 to be disbursed through state monies for a total of $20,873 and is an on-going grant. Mr. Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
Don Foster, Health Department Director, presented the item requesting approval to accept the resignation of Lisa McCall as the Health Start Coordinator, effective July 11, 2026 and fill the vacant grant funded position. Mr. Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
Don Foster, Health Department Director, presented the item requesting authorization to transfer Cassandra Whitmire from immunizations to be a full time interim coordinator for the Heath Start Program at her current hourly salary of $14.50. Mr. Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
Don Foster, Health Department Director, presented the request for authorization to transfer part time nurse Velda Wiltbank to Immunizations and Home Health as a permanent part time employee. Mr. Foster stated that this is a grant funded position and she will continue to be on-call for the Bio-terrorism Program. Mr. Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
Don Foster, Health Department Director, presented notification of the resignation of Rebekah Boone, effective July 11, 2026 and requested authorization to fill the vacant grant funded position. Mr. Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
Don Foster, Health Department Director, presented the request to transfer a utility trailer title to the Arizona Department of Health Services. Mr. Foster stated that the trailer was purchased with funds from the Bio-terrorism grant. Mr. Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
Delwin Wengert on behalf of Human Resources, requested to release without cause due to long term disability, District III Road Maintenance Worker III, Leroy Walker, effective June 20, 2026 and requested authorization to fill the vacancy. Mr. Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
Delwin Wengert on behalf of District II, requested authorization to hire Melvin C. Apachee for 90 days as the temporary District Manager at a salary of $47,000 per year. Mr. Wengert stated that after a lengthy recruitment process, Mr. Apachee was the successful applicant. Mr. White stated that the position was approved as temporary but if Mr. Apachee is doing well he will go on to complete his probationary period. Mr. White introduced Mr. Apachee to the board and audience. Mr. Apachee thanked the board members for their vote of confidence and looked forward to working for Apache County. Mr. Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
Ferrin Crosby, County Engineer, presented the item requesting authorization to award the yearly bid for cattle guards, aggregate base/cover material, culverts, trucking and asphalt emulsions as follows:
Bid #200401: Recommend culverts award bid for 18". 24", 36" and 48" culverts to Pacific Ponderosa due to being low bidder for the 18", 24" and 36" culverts. Arizona Culverts were $3.00 per unit cheaper on the 48" culverts but based on proximity of Pacific Ponderosa being located in Show Low, recommendation to award the 48" culverts to Pacific Ponderosa as well.
Bid #200402: Recommend cattleguard award for the concrete cattleguard to Pre-cast Corp., the only bid received in a timely manner. A bid from WW Cattleguard was submitted for metal cattleguards after the deadline but recommend that the award go to WW Cattleguard since no other bids were received.
Bid #200403: Recommend AB and cover material award to all bidders based on proximity of the vendors pit to the location of the work being done.
Bid#200404: Recommend contract trucking awarded to Capps Trucking, the only bidder.
Bid#200405: Recommendation to reject all bids.
Bid#200406: Recommend award bid to Ergon Asphalt Products, the low bidder.
Mr. Crosby also requested authorization to re-solicit bids for magnesium chloride. Mr. Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
Ferrin Crosby, County Engineer, presented the item requesting authorization to solicit bids for a new motor grader using a trade in for District I. Mr. Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
Ferrin Crosby, County Engineer, presented the request to hire 1 summer intern for the Chambers Road Yard, 1 summer intern for the Round Valley Road Yard and 1 summer intern for the Engineering Department for 60 days at $7.00 per hour, effective July 1, 2003. Mr. Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
Ferrin Crosby, County Engineer, presented the item requesting approval of an intergovernmental agreement between Apache County and Blue Hills Environmental Association to transfer ownership of a Chevrolet trash bin transporter and eleven (11) bins from Apache County to Blue Hills. Mr. Claw moved to approve, seconded by Mr. Brown. Mr. White asked if there was any cost involved. Mr. Crosby stated that the cost was $1.00. Vote was unanimous.
Ferrin Crosby, County Engineer, presented the item requesting approval of an intergovernmental agreement to transfer ownership of a 1974 Etnyre chop spreader from Apache County to the Town of Eagar. Mr. Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
Ferrin Crosby, County Engineer, on behalf of District II, requested authorization to hire a summer intern for 90 days at $7.00 per hour, effective July 1, 2003. Mr. Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
Delwin Wengert presented the request to take what actions are necessary to refinance the bonds of the Apache County Public Finance Corporation and amend all relevant documents. Mr. Wengert stated that due to the low interest rates, there is an opportunity to refinance the bond loan and save about $236,000 in interest and requested approval to obtain Gust Rosenfeld as bond counsel and Hutchinson Shockley, Erley and Co. as either financial consultants or underwriters and any billing for fees and expenses related will be paid from the proceeds of refunding the bonds. Mr. Claw moved to approve. Mr. White asked if there were any questions or comments. Mr. Carlyon stated that Fred Rosenfeld was the best municipal bond attorney in the state. Mr. Brown seconded the motion. Vote was unanimous.
Mr. Wengert presented the recommendation that the end of probation increase remain at 2.5% for the fiscal year but be reviewed on a case by case basis due the employees only receiving a 2% COLA increase, there is the possibility that those employees who come off probation could jump higher in salary. Mr. Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
Mr. Wengert presented the request for a special Board of Supervisors meeting to be held on July 29, 2026 because of the length of time between scheduled board meetings and the need to approve demands and conduct business in a timely manner. Mr. Claw moved to approve, seconded by Mr. Brown. Vote was unanimous.
The following demands were paid:
ALPINE GARAGE $4,981.70 AMIGO CHEVROLET $2,250.57 ANDERSON RESOURCE GROUP $1,797.60 APACHE COUNTY FAIR COMMISSION $1,540.00 APACHE COUNTY SHERIFF'S $1,509.46 ASHTON'S REPAIR $1,426.33 AZ COUNTIES INSURANCE $3,245.01 AZ DEPT OF RISK MANAGMENT $1,821.50 AZ WIRELESS & RADIO COMPANY $2,385.13 B & H PHOTO $4,113.70 BECKER PETRO PRODUCTS $1,283.26 BRADCO, INC. $1,146.02 BRIMHALL SAND & ROCK $3,437.05 CEDARVISTA COMPUTERS $3,233.93 CELLULAR ONE NE ARIZONA $3,160.16 COUNTY SUPERVISORS ASSC OF AZ $18,743.07 CS&S COMPUTER SYSTEMS $15,187.55 DAY AND SONS, LLC $1,791.08 DELL COMPUTER CORPORATION $7,157.24 DESERT MOUNTAIN CORP. $8,760.34 FIGUEROA M.D., HAROLD K. $1,426.39 FIRST IN, INC. $4,384.27 FIVE STAR FORD $9,993.18 FRONTIER $18,870.37 GALLUP LUMBER & SUPPLY $3,026.06 GOODYEAR AUTO SERVICE $1,769.85
HAMPTON INN $1,043.64HANDY PAGE $1,182.53 HAYNES TEMPORARY PERSONNEL $1,274.65 HILLYARD $2,344.22 HUNT, CONNIE $1,170.00 INGRAM LIBRARY SERVICES $1,482.61 INTERWEST SAFETY SUPPLY, INC. $1,279.06 KNDN RADIO STATION $1,508.00 LASSEN, ALBERT B. $3,040.00 LAW OFFICES OF SARA COOPER $8,041.16 LEE, R. JOHN $8,041.16 LIBERTY FENCE AND SUPPLY $1,667.13 MADRID, ALEXANDER $1,294.29 MAXIMUS INC. $3,625.00 MOUNTAIN COMFORT HEATING AND $4,417.47 MOUNTAIN STATES COMPU-NET, INC $3,230.50 NAVAJO NATION OIL / $8,302.25 NAVAJO TRIBAL UTILITY AUTH. $1,263.51 NAVOPACHE ELECTRIC COOP $1,262.55 NOR-KEM DISTRIBUTOR $5,000.00 NORCHEM LABORATORY $1,789.52 ODOM BUILDING CENTER $1,551.38 ORONA, PATRICIA $1,500.00 PATTERSON, D. BRYCE $8,041.16 PERFECT PRINTZ $3,051.52 QUILL CORP. $2,923.17 SIMPLEX $1,845.98 ST. JOHNS CITY $5,069.00 ST. MICHAELS SENIOR CITIZENS $3,000.00 SWIFT OFFICE SOLUTIONS $2,484.59 THE HEALTH CONNECTION $1,062.46 TIGER DIRECT $3,120.60 TRANSCOR AMERICA, LLC $1,819.10 USDA, APHIS WILDLIFE SERVICES $14,890.00 VALLEY AUTO PARTS $1,624.27 VIKING OFFICE PRODUCTS $1,439.87 WHITE MOUNTAIN PUBLISHING $4,984.00 WOMACK, JAMES A $5,000.00 WOODLAND BUILDING CENTER $2,349.55
Mr. Wengert stated that there would be a work session until 10:00 a.m.
Mr. Claw moved to adjourn, seconded by Mr. Brown. Vote was unanimous. Mr. Brown stated that he would not be available to participate in the Greer Acres-Little Colorado District Board meeting.
Mr. White called to order the Greer Acres-Little Colorado Improvement District Board meeting in the Board of Supervisors chambers, 75 W. Cleveland, St. Johns, Arizona at 10:00 a.m. Present were: Chairman White and member Jim Claw. Also present, Delwin Wengert, County Manager/Clerk, Ferrin Crosby, County Engineer and Attorney Doug Brown.
Mr. Wengert presented the request for approval to pay Brown and Brown Law Offices $612.50 for professional services. Mr. Claw moved to approve, seconded by Mr. White. motion passed.
Mr. White presented the public hearing and passing upon the assessment and proceedings regarding portions of Greer Acres and Little Colorado Subdivisions by construction of sanitary sewers, maintenance of roads and other related items. Mr. White asked if there was anyone present with any concerns or questions. Mr. Doug Brown stated that information mailing had been sent out to property owners and this hearing is needed to complete the project. Mr. Claw moved to approve, seconded by Mr. White. Motion passed. Mr. Randy Tirpak, an engineer with Burgess and Niple, stated that this was to originally be only a six month project and he expressed his thanks to the board for their patience with the project. Mr. Tirpak stated that even though it went longer than anticipated, the county and the homeowners made out well.
RESOLUTION NO. 2003-22
RESOLUTION OF THE BOARD OF DIRECTORS OF THE GREER ACRES/LITTLE COLORADO IMPROVEMENT DISTRICT OF APACHE COUNTY, ARIZONA APPROVING THE ASSESSMENT FOR GREER ACRES/LITTLE COLORADO IMPROVEMENT DISTRICT OF APACHE COUNTY, ARIZONA OVER RULING OBJECTIONS, IN ANY, DETERMINING THAT THE WORK AND IMPROVEMENTS DESCRIBED IN RESOLUTION NO. 98- 47 HAVE BEEN COMPLETED AND CONFIRMING AND APPROVING THE RECAPITULATED ASSESSMENT FOR THE GREER ACRES/LITTLE COLORADO IMPROVEMENT DISTRICT OF APACHE COUNTY, ARIZONA.
WHEREAS, on December 15, 1998, the Board of Directors of the Greer Acres/Little Colorado Improvement District of Apache County, Arizona, (the Board) passed and adopted Resolution 98-47 declaring its intention to improve portions of Greer Acres and Little Colorado Subdivisions by construction of sanitary sewers, maintenance roads and other related items in the Greer Acres and Little Colorado Subdivisions in Apache County, determining that improvement bonds be issued to represent the costs and expenses thereof, declaring the work and improvements to be of more than local or ordinary public benefit and that the costs and expenses thereof be assessed upon a certain district described therein and known as the Greer Acres/Little Colorado Improvement District of Apache County, Arizona (the District), providing that the proposed work and improvements be performed under the provisions of Title 48, Chapter 6, Article 1, Arizona Revised Statutes, as amended, the said work and improvements, the District to be assessed and the improvement bonds to be issued being more fully described in Resolution No. 98-47 to which reference is hereby made for such description; and
WHEREAS, on December 15, 1998, the Board ordered the work and improvements described in Resolution No. 98-47; and
WHEREAS, on March 2, 1999, the Board passed and adopted Resolution No. 99-13 awarding the construction contract (the Construction Contract) for the construction of the work and improvements described in Resolution No. 98-47 to TSR Construction Company; and
WHEREAS, on June 1, 1000, the original assessment and original warrant for the County were recorded in the office of the Superintendent of Streets of the District; and
WHEREAS, all assessments unpaid which amounted to $25.00 or over, upon any assessment have been recorded and filed; and
WHEREAS, the Board issued the Improvement District Bonds; and
WHEREAS, the Superintendent of Streets of the District has heretofore notified the Board that the work and improvements described in Resolution 98-47 has been completed by the Contractor in accordance with the plans, specifications and the Construction Contract for the construction of said work and improvements on file in the offices of the Board and Superintendent of Streets of the District; and
WHEREAS, July 1, 2003, at 10:00 a.m. was fixed as the time when the Board of the District would hear and pass upon the assessment and proceedings heretofore had and taken in connection with the District; and
WHEREAS, the Clerk of the Board caused a Notice of Hearing on Assessment - Greer Acres/Little Colorado Improvement District of Apache County, Arizona (the Notice) to be published two times in the White Mountain Independent, a newspaper of general circulation in the District; and
WHEREAS, the Superintendent of Streets of the District caused the Notice to be mailed by first class mail, at least twenty (20) days prior to July 1, 2003, the date of the hearing, to the Contractor and to all persons owning real property affected by the assessments as the names and addresses appear on the last certified tax roll for the State of Arizona and Apache County purposes; and
WHEREAS, the Notice stated that the owners, contractor and all other persons directly interested in said work or in the assessment for the Greer Acres/Little Colorado Improvement District of Apache County, Arizona who had any objections to the legality of the assessment or to any of the previous proceedings connected therewith, or who claimed that the work has not been performed according to the Construction Contact may, prior to 10:00 a.m. on July 1, 2003, file with the Clerk of the District a written notice briefly specifying the grounds of their objections; and
WHEREAS, the Superintendent of Streets of the District has heretofore filed with the Clerk of the Board a Recapitulated Assessment - Greer Acres/Little Colorado Improvement District of Apache County, Arizona, (Recapitulated Assessment) based on the actual quantities, as determined by Burgess & Niple, Inc., the engineers for the District, to have been constructed or installed in connection with said work and improvements, together with known incidental expenses expended to the date hereof; and
WHEREAS, it appears to the Board after having heard and considered each and every objection, if any, and, being fully informed in the premises, that each and every objection so presented to the Board, if any, are without merit; and
WHEREAS, it appears to the Board of the District that the total cost and expenses of said work and improvements described in Resolution No. 98-47 have been, pursuant to the Recapitulated Assessment, assessed upon each of several pieces, parcels, lots, portions of lots, and parcels of land included in the District described in Resolution No. 98-47 for said work and improvements, in proportion to the benefits received by each of said pieces, parcels, lots, portions of lots, and parcels of land, and that none of the respective pieces, parcels, lots, portions of lots, and parcels of land have been assessed in excess of the benefits received from said work and improvements by such respective pieces, parcels, lots, portions of lots, and parcels of land; and
WHEREAS, the Recapitulated Assessment in all respects complies with the laws providing for such assessments and under which said work and improvements were ordered;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE GREER ACRES/LITTLE COLORADO IMPROVEMENT DISTRICT OF APACHE COUNTY, ARIZONA; as follows:
Section 1. The Board of the District, after having heard and considered each and every objection, if any, and being fully informed in the premises, hereby find and determine that each and every objection so presented to the Board, if any, are without merit and are therefore overruled.
Section 2. The Board of the District find and determine that the work and improvements described in Resolution 98-47 have been completed by the Contractor in accordance with the plans, specifications and the Construction Contract.
Section 3. The Board of the District hereby find and determine that the total costs and expenses of the work and improvements described in Resolution 98-47 have been, pursuant to the Recapitulated Assessment, assessed upon each of the several pieces, parcels, lots portions of lots and parcels of land included within the District described Resolution 98-47 for said work and improvements, in proportion to the benefits received by each of said pieces, parcels, lots, portions of lots, and parcels of land, and that none of the respective pieces, parcels, lots portions of lots, and parcels of land have been assessed in excess of the benefits received from said work and improvements by such respective pieces, parcels, lots portions of lots, and parcels of land.
Section 4. The Board of the District hereby find and determine that the original assessment, the Recapitulated Assessment, these proceedings and all of the previous proceedings heretofore had and taken in connection with the Greer Acres/Little Colorado Improvement District have been conducted in accordance with the laws of the State of Arizona and the provisions of Title 48, Chapter 6, Article 1, Arizona Revised Statues, as amended.
Section 5. By virtue of the authority vested in Title 38, Chapter 6, Article 1, Arizona Revised Statutes, as amended, the Board of the District do hereby confirm and approve the Recapitulated Assessment.
Section 6. The Superintendent of Streets of the District is hereby authorized and directed to execute and record the Recapitulated Assessment in the office of the Superintendent of Streets of the District.
Section 7. The District hereby authorizes and directs, after all costs and expenses of the construction and the financing of the District have been paid, tho return to those persons entitled thereto the amounts to be returned pursuant to the provisions of the Recapitulated Assessment, if any.
PASSES, ADOPTED AND APPROVED by the Board of Directors of the Greer Acres/Little Colorado Improvement District of Apache County, Arizona on July 1, 2003.
/s/ Tom M. White, Jr.CHAIRMAN
ATTEST:
/s/ Delwin Wengert
CLERK
APPROVED AS TO FORM:
BROWN & BROWN LAW OFFICES, PC
COUNSEL FOR THE DISTRICT
/s/ Douglas E. Brown
DOUGLAS E. BROWN
REVIEWED BY:
/s/ Ferrin Crosby
FERRIN CROSBY
APACHE COUNTY ENGINEER
SUPERINTENDENT OF STREETS FOR DISTRICT
CERTIFICATION
I hereby certify that the foregoing Resolution No. 2003-22 was duly passed and adopted by the Board of Directors of the Greer Acres/Little Colorado Improvement District of Apache County, Arizona, at a regular meeting held on the 1st day of July, 2003, and that the vote was 2 aye's and 0 nay's and that the Chairman and 2 Directors were present thereat.
/s/ Delwin Wengert
CLERK, BOARD OF DIRECTORS
There was no need for executive session.
Mr. Claw moved to adjourn, seconded by Mr. White. Motion passed.
Approved this 15th day of July, 2003
/s/ David A. Brown
Vice Chairman
ATTEST:
/s/ Delwin Wengert
Clerk

Published in the White Mountain Independent August 8, 2026 disk
(WMI 5073, A, 1x, 8/8/03)

Public Notice ID: 2001175.HTM