MAGMA FLOOD CONTROL DISTRICT

MINUTES OF THE

Tuesday, June 9, 2009, Meeting

The Meeting was called to order at 4:04 p.m. on Tuesday, 9, 2009, at the 3850 East

Baseline Road, Suite #140, Mesa, Arizona. Present telephonically at the meeting were President

Kent Pace, Vinson Dobson and Secretary Larry Williams. Also in attendance telephonically

were Stephen R. Cooper, District Attorney, Larry Pfeiffer, Assistant Secretary and Board

Accountant.

The first item of business was welcome and introductions. Do to the fact there was only

officers at the meeting this was dispensed without comment.

The next item of business was approval of the Minutes of March 11, 2009. A motion

was made by Kent Pace and seconded by Vinson Dobson to accept the Minutes. Thereafter,

they were approved.

The next item of business was the financial report Larry Pfeiffer noted the cash position

of the District was in excess of $1,400,000.00 dollars given the April 30, 2009, balance of the

County Warrant Statement.

The next item of business was ratification of all bills paid by the Flood Control District

since the last Board Meeting of March 11, 2009. Larry Pfeiffer noted that five (5) checks had

been written on the District account from March 11, 2009, to the present and that all the

documents and invoices were available to be inspected by the Board Members. These checks

included invoices for legal and accounting services and payment for professional services

previously approved by the Board which authorized President Pace and Legal Counsel for the

Flood Control District to approve payment to pay AMEC in the amount of $60,370.26.

A motion was made by Kent Pace and seconded by Vinson Dobson to ratify the bills paid

by Magma Flood Control District since the last Board Meeting.

The next item of business was a status report on the Magma Flood Retarding Structure

(MFRS) construction plans and decision reports. Kent Pace reported that NRCS has informed

him that some funding has been approved to study the proposed MFRS design repairs and to

reconcile the design to the federal NRCS standards. NRCS has also indicated that it may be able

to provide funding for up to sixty (60%) percent of the repairs to the MFRS meaning the District

would be responsible for only forty (40%) percent of the repair costs. Pace also noted the design

is almost complete and construction of the project could proceed in 2010 if federal funding is

provided.

The next item of business was discussion of the Flood Control District 2009/2010 annual

budget. Board Accountant Larry Pfeiffer again noted that currently there was approximately

$1,400,000.00 dollars in funds for the District. The discussion then continued with suggestions

by Pfeiffer that any fund balance or cash carry forward be moved to contingencies for the next

fiscal year.

President Pace submitted a proposed budget of approximately $7,917,452.22 dollars.

President Pace noted that the components of this budget would include a cash carry forward with

tax collections of approximately $1,200,000.00 dollars with the Pinal County Assessor’s Office

determining the actual tax rate.

Finally President Pace noted that it would be prudent to approve a budget that would fund

the entire repair of the Dam and if the Board did not do so and the ability to complete the repairs

to the Dam were to occur we would not be able to expend this money because it was in excess of

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our proposed budget.

After the Board had a full and complete discussion of this issue a motion was made by

President Pace and seconded by Vinson Dobson to approve 2009/2010 budget.

The next item of business was discussion of the Flood Control District 2009/2010 tax

assessment rate. It was noted proposal tax levy is identical to the 2008 tax levy at $1,200,000.00

dollars.

Thereafter motion was made by Kent Pace to set the tax levy at $1,200,000.00 dollars

and it was seconded by Vinson Dobson and thereafter it was approved.

The next item of business was an approval of an Intergovernmental Agreement with Pinal

Count for repairs and maintenance to the districts drainage channel located south of the box

culvert at Hunt Highway for an approximate cost of $11,600.00 dollars. President Pace noted

the District would not have to supervise the repairs. A motion was made by Kent Pace to

approve the IGA and was seconded by Vinson Dobson and thereafter it was approved.

The next item of business was consideration for approval of Resolution 2009-001 a

resolution calling for a District Election on Wednesday, October 7, 2009, and authorizing the

District President to complete all necessary actions to conduct an election. It was noted that

since the formation of the District in the early 1960's there may have only been two (2) District

Elections.

It was noted given the lack of prior elections, the changes in the District from rural

agriculture to housing developments and the need to enter into agreement with the funding and

construction and repair of the MFRS that an election should be called.

It was noted more information would be further coming from the Elections Department of

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Pinal County concerning the nomination and eligibility of candidates and the format of the

proposed election by mail.

A motion was made by Kent Pace and seconded by Vinson Dobson to approve

Resolution 2009-001 and to direct the Board President Kent Pace to complete all actions

necessary to carry out the election. The motion and resolution were thereafter approved.

The next item of business was Board Member reports. Secretary Williams noted his

home would be sold in a few days and he would be moving out of the District and would not be

seeking a position on the Board in the election, but would remain on the Board and serve until a

new Board Member was properly appointed or elected. All other Board Members thanked him

for his valuable service to the District. There were no other Board Member reports.

The next item of business was public comment. There was no public comment.

The next item of business was discussion concerning any other actions needed concerning

official correspondence. There were no matters before the Board.

The last item of business was other business that may become before the Board. There

was no other business to become before the Board.

A motion was made to adjourn the meeting at 4:32 p.m.

RESPECTFULLY SUBMITTED this ____ day of June, 2009.

By:______

STEPHEN R. COOPER

District Attorney

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