News
County supervisors OK rights of way policy
Shar Porier/Wick Communications
For some time, the Cochise County Board of Supervisors and the Highway Department have been developing a policy dealing with intrusion into public rights of way across private lands and non county maintained roads.
Supervisors, in a 2-1 vote, OK'd the new ordinance that spells out the county's limit of involvement in disputes that can arise when property owners build or erect a structure in the public easement.
Highway and Floodplain Department Deputy Director Patricia Morris explained, "The county is often called upon to intervene on road issues not in the county's maintenance system, but have right of way dedicated to the public via old subdivision maps or survey records."
Sometimes, private property owners can get carried away trying to protect the road or their yards and have made changes to road beds or added structures along the right of way boundary that could become safety issues for the traveling public due to encroachment, she said.
So staff came up with the criteria to be followed by private property owners for the construction or maintenance of non county-maintained roads:
Do not block access to the right of way. This includes fences.
Don't create hazards to the traveling public.
Minimize storm water run-off onto private property.
Don't create road shoulders with steep inclines.
Investigations of circumstances will be complaint-driven on a case-by-case basis.
The only recourse the county can legally take is to provide warning signs of the possible dangers and if not rectified can forward the complaint onto the county attorney's office.
Supervisor Ann English voted against the ordinance and stuck to her mindset that the county shouldn't be involved at all on any roadways not in the county maintenance system. "I just don't believe we have the resources to take over this responsibility."
However, Supervisors Pat Call and Richard Searle agreed the ordinance would resolve some of the issues in their respective districts and voted in favor of it.
Supervisors unanimously approved a $236,000 contract with Stantec for survey and engineering work to be performed as part of the $2.6 million drainage project at three locations on Davis Road. The figure reflects an increase of $165,000 from the original budgeted figure.
Highway and Floodplain Director Benny Young said staff did not have the expertise to handle the environmental impact study and other aspects of this project.
The 2010-2011 work plan for the planning and zoning and the building safety departments received unanimous approval as presented by Interim Planning Manager Michael Turisk. The plan includes updating zoning regulations, formation of a new agricultural zoning district and other projects.
Also at the July 20 meeting, Cochise County supervisors:
Approved a number of High Intensity Drug Trafficking area grants totaling $494,982 that provide funding for two attorneys and two legal secretaries to help prosecute drug crimes.
Approved a number of county Victim Witness Program grants totaling $74,459 which funds a crime victim coordinator and a part-time victim advocate.
Approved the continued delegation of county road signage and marking to the county engineer in the Highway and Floodplain Department.
Approved a grant agreement between Edward Byrne Memorial Justice Assistance and the sheriff's office in the amount of $65,920 to purchase 10 video recording systems and 10 handheld radar units.
Approved a $362,000 increase on a line item to provide asphalt for road projects.
Denied recommendation of a #6 liquor license for Sharoll Minakes, owner-operator of the Desert Star in McNeal. She currently has a No. 7, which allows the sale and consumption of beer and wine.
For some time, the Cochise County Board of Supervisors and the Highway Department have been developing a policy dealing with intrusion into public rights of way across private lands and non county maintained roads.
Supervisors, in a 2-1 vote, OK'd the new ordinance that spells out the county's limit of involvement in disputes that can arise when property owners build or erect a structure in the public easement.
Highway and Floodplain Department Deputy Director Patricia Morris explained, "The county is often called upon to intervene on road issues not in the county's maintenance system, but have right of way dedicated to the public via old subdivision maps or survey records."
Sometimes, private property owners can get carried away trying to protect the road or their yards and have made changes to road beds or added structures along the right of way boundary that could become safety issues for the traveling public due to encroachment, she said.
So staff came up with the criteria to be followed by private property owners for the construction or maintenance of non county-maintained roads:
The only recourse the county can legally take is to provide warning signs of the possible dangers and if not rectified can forward the complaint onto the county attorney's office.
Supervisor Ann English voted against the ordinance and stuck to her mindset that the county shouldn't be involved at all on any roadways not in the county maintenance system. "I just don't believe we have the resources to take over this responsibility."
However, Supervisors Pat Call and Richard Searle agreed the ordinance would resolve some of the issues in their respective districts and voted in favor of it.
Supervisors unanimously approved a $236,000 contract with Stantec for survey and engineering work to be performed as part of the $2.6 million drainage project at three locations on Davis Road. The figure reflects an increase of $165,000 from the original budgeted figure.
Highway and Floodplain Director Benny Young said staff did not have the expertise to handle the environmental impact study and other aspects of this project.
The 2010-2011 work plan for the planning and zoning and the building safety departments received unanimous approval as presented by Interim Planning Manager Michael Turisk. The plan includes updating zoning regulations, formation of a new agricultural zoning district and other projects.
Also at the July 20 meeting, Cochise County supervisors:
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