MOHAVE COUNTY BOARD OF SUPERVISORS MOHAVE COUNTY, KINGMAN, ARIZONA REGULAR MEETING ñNOVEMBER 6, 2000 The Board of Supervisors of Mohave County met in Regular Session this 6th day of November, 2000, at 9:50 AM. In attendance were Buster D. Johnson, Chairman; Carol S. Anderson and James R. Zaborsky, Members. The following Mohave County Elected Officials and Department Heads were also in attendance and addressed specific items as noted: William J. Ekstrom, Mohave County Attorney; Mike File, School Superintendent; Dora Goodmiller, Treasurer; Larry Imus, Justice of the Peace ñ Kingman Precinct; Richard A. Skalicky, P.E., Interim Mohave County Manager; Deborah Herbert, Chief Civil Deputy County Attorney; Richard Basinger, Civil Deputy County Attorney; Christine Ballard, Planning and Zoning Director; Dave Seward, Procurement Officer; Duc Ma, Chief Financial Officer; Susie Parel Duranceau, Community Development Director; Mike Matthews, Information Technology Director; Ron Nicholson, Chief Deputy Assessor; Rick Lewis, Superior Court Administrator; Jennifer McNally, Assistant Health and Social Services Director; Norm Marrah, Environmental Health Director; Glenn Grint, Parks Event Coordinator; and Pat Chastain, Clerk of the Board. Chairman Johnson called the meeting to Order, followed with the invocation, and the Pledge of Allegiance. Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to call for an Executive Session to be held November 20, 2000, at 9:00 AM for discussion and consultation with legal counsel in accordance with A.R.S. 38-431.03 (A) (3) & (4) to discuss items noticed on the agenda with an asterisk. ITEM 2: Supervisor Anderson advised that she had attended a Public Hearing in Wikieup, Arizona, along with Chairman Johnson, regarding Caithness Big Sandy Power projectís request before the Arizona Corporation Commission, for continuance to April, 2001, until the Environmental Impact Statement is drafted, and all comments from intervenors are received. Supervisor Zaborsky advised that he had nothing to report. ITEM 3: Interim Manager Skalicky advised that he had nothing to report. ITEM 4: Motion was made Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to approve the September 18, 2000, and the October 2, 2000, Board of Supervisor Meeting minutes as most recently drafted. Motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to approve the Consent Agenda minus items 14, 16, 27, 28, 33, 34, 37, as follows: 5. Adoption of Board of Supervisors Resolution No. 2000-426 - Acceptance of As-Built Improvement Plans and a Release of All Remaining Assurances for the completion of improvements for Sunlake Village, Tract 3700-C, being a subdivision of a portion of Section 21, Township 14 North, Range 20 West, in the Lake Havasu City Area (west of State Highway 95, north of Jacob Row), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 6. Adoption of Board of Supervisors Resolution No. 2000-427 - Extension Of Time For A Rezone of a portion of Havasu Garden Estates East, Tract No. 1122, in the N‡ of Section 17, Township 14 North, Range 20 West, from R-MH (Single Family Residential Mobile Home) zone to C-2H (General Commercial Highway Frontage) zone, in the Lake Havasu City Area (west of London Bridge Road, approximately one mile north of Chenoweth Drive), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 7. Adoption of Board of Supervisors Resolution No. 2000-428 - Extension Of Time of the Preliminary Subdivision Plan for The Willows At Cimarron Lake, Unit II, Tract 4130, being a proposed subdivision of a portion of Section 23, Township 18 North, Range 22 West, in the South Mohave Valley Area (east of State Highway 95, south of Cimarron Boulevard), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 8. Adoption of Board of Supervisors Resolution No. 2000-429 - Extension Of Time for the assurance for the completion of improvements for Desert Lakes Estates, Tract 4152-A, being a subdivision of a portion of Section 36, Township 19 North, Range 22 West, in the South Mohave Valley Area (east of State Highway 95, north of Lipan Boulevard), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 9. Adoption of Board of Supervisors Resolution No. 2000-431 - Rescission Of BOS Resolution No. 97-142 which approved the Zoning Use Permit on Lot 2, Block 1, Sunset Ranchos, Tract 4046-C, in Section 13, Township 19 North, Range 22 West, in the South Mohave Valley Area (east of State Highway 95, between Sterling Road and Camp Mohave Road), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 10. Adoption of Board of Supervisors Resolution No. 2000-432 - Zoning Use Permit on a portion of the northern 400.87 feet of Parcel 259-A, parallel with State Highway 68, as shown on Parcel Plats Book 4, Page 8, a portion of Parcel 259, in Section 11, Township 21 North, Range 19 West, for a propane sales business with storage tanks in a C-MO/3A (Commercial-Manufacturing/Open Lot Storage/Three Acre Minimum Lot Size) zone, in the Golden Valley Area (south side of State Highway 68, between Cove Road and Cowlic Road), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 11. Adoption of Board of Supervisors Resolution No. 2000-433 - Zoning Use Permit on a portion of Parcel 46 as shown on Record of Survey, Book 1, Pages 27 and 43, in Section 10, Township 21 North, Range 18 West, for a commercial modular in a C-2H (General Commercial Highway Frontage) zone, in the Golden Valley Area (southwest corner of State Highway 68 and Aztec Road), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 12. Adoption of Board of Supervisors Resolution No. 2000-434 - Extension Of Time of the Preliminary Subdivision Plan for Mountain Shadow Estates, Tract 3806, being a proposed subdivision of a portion of the NWº of Section 8, Township 20 North, Range 14 West, in the Mohave County General Area (south of the I-40/Blake Ranch Road interchange, east along and north of Odles Ranch Road), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 13. Adoption of Board of Supervisors Resolution No. 2000-436 - Rezone of Parcel 26-A, as shown on Record of Survey Book 9, Page 52, the south 500 feet of the SWº of Section 26, lying easterly of the US Highway right-of-way line, in Township 24 North, Range 19 West, from A-R/36A (Agricultural-Residential/Thirty-six Acre Minimum Lot Size) zone to A-R/10A (Agricultural-Residential/Ten Acre Minimum Lot Size) zone, in the Mohave County General Area (east side of US Highway 93, approximately there miles north of Grasshopper Junction), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 15. Adoption of Board of Supervisors Resolution No. 2000-438 - Name A Roadway, Cedar Hills Ranches, Unit 10, in Section 19, Township 21 North, Range 12 West, and Section 24, Township 21 North, Range 13 West, the proposed name being Howard Road, in the Mohave County General Area (approximately two (2) miles north of Interstate 40, starting one-tenth (.10) of a mile west of Silver Springs Road and heading west for two (2) miles), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 16. Adoption of Board of Supervisors Resolution No. 2000-439 - Name Six (6) Roadways, Cedar Hills Ranches, Units 8 & 9, in Sections 20, 26, 30, 35, and 36, Township 21 North, Range 13 West, the proposed names being Summerson Road, Nespoli Lane, Gleaners Road, Sam Lane, Smitty Lane And Keiko Lane, in the Mohave County General Area (north of Interstate 40, between Highway 93 and Silver Springs Road), Mohave County, Arizona. 17. Adoption of Board of Supervisors Resolution No. 2000-440 - Name Three (3) Roadways, Cedar Hills Ranches, Units 7 & 9, in Sections 7, 8, 16, 17, 18, 20, 25, and 36, Township 21 North, Range 14 West, the proposed names being Heavenly Court, Deer Crossing Road, And Four Wheel Drive, in the Mohave County General Area (north of Interstate 40, from one and one-half (1‡) miles west to four and one-half (4‡) miles east of the Blake Ranch Road exit), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 18. Adoption of Board of Supervisors Resolution No. 2000-443 - Zoning Use Permit on a portion of the N‡ of Section 27, lying northwesterly of State Highway 66 (Old US Highway 66), in Township 22 North, Range 16 West, for a wireless communication facility with a 145-foot tower in a C-2H (General Commercial Highway Frontage) zone, in the Kingman Area (northwest side of State Highway 66 [Old US Highway 66] approximately one-half mile northeast of Thompson Avenue), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 19. Acknowledge receipt and set for Public Hearing on November 20, 2000, evaluation of an Amendment to Section 8, Fees, of the Mohave County Zoning Ordinance, restructuring certain existing fees, increasing certain existing fees and adding new fees, and to Section 27.J.3.A. Recreational Vehicle Parks, by deleting reference to fees. 20. Acknowledge receipt and set for Public Hearing on December 18, 2000, evaluation of a request for the adoption of the Arizona Department of Transportation approved State Route 68 Access Management Plan, covering the entire alignment of State Route 68 from Mile Post 0 (Laughlin Bridge,) Section 30, T21N, R21W to Mile Post 27 (Hwy 93 intersection) Section 8, T21N, R17W, in the Bullhead City and Golden Valley Areas, Mohave County. 21. Acknowledge and set for public hearing on December 18, 2000, evaluation of a request for the approval of an Amendment To The Mohave County General Plan, by adding Policy 51.14 to Chapter VII, Section A.6, adopting transportation plans developed by state and other agencies, and amending Exhibit VII.3 of the General Plan to match, which revises the transportation planning for State Route 68 in the Bullhead City and Golden Valley Areas, Mohave County, Arizona. 22. Authorization to the Crystal Beach Water Conservation District to conduct a Mail-in Ballot election on November 14, 2000, in compliance with Arizona Revised Statutes. 23. Cancel the election for three (3) Chloride Water District Board members, and appoint William James Burbank, Barbara A. Webb, and Robert Dan Wright who filed nomination petitions; and cancel the election for two (2) Havasu Heights Water District Board members, and appoint Linda Lujan and Donald M. Miley who filed nomination petitions. 24. BOARD OF SUPERVISORS SITTING AS THE BOARD OF DIRECTORS ñ MOHAVE COUNTY LIBRARY DISTRICT: Approval of Internet Public Access Policy Statement, as recommended by library staff and the Citizens Advisory Committee. 25. Approval of Intergovernmental Purchasing Agreement for Cooperative Purchasing between Mohave County and the State of New Mexico, as agent for the participating members of the Western States Contracting Alliance, for the procurement of Dell products and Services. 26. Approval of the monthly report for Procurement Activity between $10,000 and $25,000. 29. Special Event Liquor License for Mohave County, to be held at SARA Park Raceway, Lake Havasu City, Arizona, on November 19, 26, and December 3, 2000. 30. Temporary Extension of Premises/Patio Permit for Michele Mellette, DBA Golden Shores Inn, 5035 E. Powell Lake Road, Topock, Arizona, on November 11, 2000. 31. Special Event Liquor License for the Knights of Columbus UFC Corp, 2255 N. Lomita, Kingman, Arizona, on November 11, 2000. 32. Original Liquor License application for Cynthia White, DBA: Tennessee Saloon & Ribhouse, 4953 Tennessee Ave., Chloride, Arizona, Series 12. 35. Approval of Lease Agreement between Mohave County Health and Social Services AHCCCS Division and Dixie Professional Plaza, and a 2% rent increase, totaling $167 a month. 36. Approval of Per Capital Grant for Local Health Work for FY 2000-2001 from the Arizona Department of Health Services, in the amount of $14,350. 38. Adoption of Board of Supervisors Resolution No. 2000-447 ñ Approval of Annual Law Enforcement and Boating Safety Fund (LEBSF) Grant allocation application, as requested by Tom Sheahan, Mohave County Sheriff. 39. Adoption of Board of Supervisors Resolution No. 2000-460 ñ Approval of State Lakes Improvement Fund (SLIF) Grant allocation application, as requested by Tom Sheahan, Mohave County Sheriff. 40. Acceptance of the offer and contract award to Mohave County (Community Development Department) as contractor for the Employment Transition Program by the Arizona Department of Security and approval of the budget for the contract period of October 1, 2000 through June 30, 2001. 41. Approval of amended budgets for 2001 WIA Grants (PY2000) Fund #887 (Dept #9441; #9445; #9451; #9455) and creation of Fund #887-08-9442 and #887-08-9446 to reflect the actual grant budgets and grant requirements and FY 2001 JTPA PY 99 Fund #885 (Dept. #9445; #9451; #9455) to reflect the actual carryover funds for July 1, 2000 ñ June 30, 2001, as requested by the Community Development Department. 42. Approval of County Managerís Report for the time frame of October 1, 2000 through October 21, 2000. ITEM 14: The meeting continued with the evaluation of a request for a Rezone of the west 639.57 feet, excluding the north 916.87 feet of the W‡ SWº of Section 17, lying northerly of the Interstate 40 right-of-way line, in Township 21 North, Range 15 West, from A-R/10A (Agricultural-Residential/Ten Acre Minimum Lot Size) zone to C-2H (General Commercial Highway Frontage) zone, in the Mohave County General Area (north side of the north frontage road, northeast of the Interstate 40-/DW Ranch Road exit), Mohave County, Arizona. Linda Wilson, and Galen Jayne, area residents, addressed the Board opposed as, in their opinion, the proposed truck stop was dirty, and fumes would be blown onto their property a quarter of a mile away. Earl Engelhardt, representing most of the area residents, addressed the Board opposed as, in his opinion, the area was protected by an area plan. Motion was made by Supervisor Anderson, and seconded by Supervisor Zaborsky, to Deny the rezone, because of the air pollution, the danger created by semi-trucks, Sunday night traffic, the need for a traffic area plan, as well as it being a school bus zone. Director Ballard advised that she was concerned as no one had previously voiced objections. Chairman Johnson advised that, in his opinion, the matter should be sent back to the Planning and Zoning Commission. Mr. Engelhardt advised that he had not seen the matter on the Planning and Zoning agenda, as he would have looked for an item regarding Peacock Mountain Ranches. A brief debate ensued regarding whether the matter should be sent back to the Commission. Director Ballard advised that many of the issues of concern would be addressed through the site plans, and that the Planning and Zoning Department gives more notification to the residents in the Peacock Mountain Ranches than any other subdivision. The following Roll Call votes were recorded on the motion to adopt Board of Supervisors Resolution No. 2000-437 ñ Denying the rezone as stated: Supervisor Anderson-Yes, Supervisor Zaborsky-Yes, Chairman Johnson-No. Motion carried by majority. ITEM 37: In response to Supervisor Andersonís concern regarding the change of the boundaries of the Peach Springs Elementary School District, Superintendent File advised that the issue would require a vote of qualified electors within the district. Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to accept and approve the transcript boundaries for Mohave County School Districts, in compliance with Arizona Revised Statutes. Supervisor Anderson requested that it be noted on the record that there were boundary concerns in the Peach Springs School District. ITEM 27: In response to Chairman Johnson, Procurement Officer Seward advised that the approval of award of RFP No. 00-P-13 ñ Court Collection Services for the Mohave County Limited Jurisdiction Courts, to SCB Associates, Inc./Allied Credit Companies, Gig Harbor, Washington, effective November 6, 2000 through November 5, 2003, was a new contract, but that collections were going very well. Motion was made by Chairman Johnson, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to approve the award as stated and requested a report of the percentage of cases collected. ITEM 28: In response to Supervisor Anderson, Chief Financial Officer Ma advised that there were no budgeted funds for video taping services for the Board of Supervisors Meetings and other meetings, and would require a $6,000 to $8,000 Contingency account transfer for just taping the Board of Supervisors meetings. Chairman Johnson advised that he had budgeted $5,000 within his budget for this service and, in his opinion, was the most economical proposal. A brief discussion and debate ensued regarding the need to tape other meetings, as other Board members were not able to contact Chairman Johnson regarding taping. Chief Financial Officer Ma recommended that the cost be paid from General Administration, and if additional funding was required later in the budget year, that a transfer from the Contingency fund be made. Motion was made by Supervisor Anderson, and seconded by Supervisor Zaborsky, to award RFP No. 00-P-15 - Video Taping Services, as requested, to Game Over Productions, Kingman, Arizona, to be paid from General Administration, until there was a problem and request if there was a reduction in cost in Chairman Johnsonís budget that his budget be reduced. The following Roll Call votes were recorded: Supervisor Anderson-Yes, Supervisor Zaborsky-Yes, Chairman Johnson-No. Motion carried by majority vote. ITEM 33: In response to Supervisor Andersonís concern regarding a civil action against Dale Roberts, the applicant for an Original Liquor License, DBA: Daleís Kitchen, Highway 95 and Cattail Cove Exit, Lake Havasu City, Arizona, Series 12, Attorney Ekstrom advised there was no obligation for the Board to inform the State of the pending civil action. Leonard Moschcau, Lake Havasu City resident, advised that he had a civil suit for removal of equipment from his business for $10,000, and there was also an investigation regarding a fire when Mr. Roberts was occupying the building, as well as a judgment that Mr. Roberts has never paid. Mr. Moschcau concluded by requesting that the issuance, of the license, be held until those issues were resolved. Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to take no position and make no recommendation because of the pending civil action (to be included with the application to the State) regarding the applicant. ITEM 34: In response to Chairman Johnson, Interim Manager Skalicky advised that the Community Development Block Grant Program Method of Distribution for Fiscal Years 2001-2005 was a recommendation from the mini-cog. In response to Chairman Johnson, Director Duranceau advised that Mohave County in 2002 would use the old method of distribution: 40% for Mohave County, 40% Kingman, and 20% for Colorado City, and in 2003: 40% Lake Havasu City, 40% Bullhead City, and 20% for Colorado City, and because of the census figures it was estimated that the cities would gain, while Mohave County would receive a lessor amount. A brief discussion ensued regarding the formula and Chairman Johnsonís statement that he could not support giving 20% to Colorado City. Motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to notify the Executive WACOG Board that the Board was tabling the distribution, and requesting that they table it as well until census figures were received. ITEM 16: Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to reconsider the adoption of Board of Supervisors Resolution No. 2000-439 - Name Six (6) Roadways, Cedar Hills Ranches, Units 8 & 9, in Sections 20, 26, 30, 35, and 36, Township 21 North, Range 13 West, the proposed names being Summerson Road, Nespoli Lane, Gleaners Road, Sam Lane, Smitty Lane and Keiko Lane, in the Mohave County General Area (north of Interstate 40, between Highway 93 and Silver Springs Road), Mohave County, Arizona. Rhonda Jenkerson, Smitty Lane resident, addressed the Board opposed to the ìSmitty Laneî road name as, in her opinion, the name did not reflect the character of the area, and would ask for the opportunity to submit new names. In response to Supervisor Anderson, Director Ballard reviewed the notice to the residents process. Motion was made by Supervisor Anderson, and seconded by Supervisor Zaborsky, to refer the matter back to the Planning and Zoning Commission to work with the residents in the area. A brief discussion ensued regarding how roads historically got their names with Ms. Jenkerson advising that she was only opposed to the ìSmitty Laneî name. Supervisor Anderson advised that she would amend the motion to consider the roads only in the Blake Ranch Road area. A brief discussion ensued regarding where the road was located, and how Smitty Lane was named. Paul Jenkerson, Smitty Lane resident, addressed the Board opposed to the ìSmitty Laneî name. Director Ballard advised that staff had not met with the residents in the area. A substitute motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky,and the Roll Call vote was unanimously carried to adopt Board of Supervisors Resolution No. 2000-439 - Name Six (6) Roadways, Cedar Hills Ranches, Units 8 & 9, in Sections 20, 26, 30, 35, and 36, Township 21 North, Range 13 West, the proposed names, Nespoli Lane, Gleaners Road, Sam Lane, in the Mohave County General Area (north of Interstate 40, between Highway 93 and Silver Springs Road), Mohave County, Arizona, and that Summerson Road, Smitty Lane and Keiko Lane, be sent back to the Planning and Zoning Commission for reconsideration of the input from the area residents. ITEM 33: At the request of Attorney Ekstrom, motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to reconsider the Original Liquor License application for Dale Robert, DBA: Daleís Kitchen, Highway 95 and Cattail Cove Exit, Lake Havasu City, Arizona, Series 12. Attorney Ekstrom advised that, after review of Arizona Revised Statutes, the Board MUST send a recommendation to the State regarding the application. Motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried that, because the Board felt the civil claim should be settled first, the Board recommends Denial of the application as stated. ITEM 43: Joseph Hamilton, applicant, advised that he was in attendance to address the Boardís questions regarding his request for a Zoning Use Permit on the eastern end of that portion of Government Lot 4 lying between the Interstate 15 and County Highway 91 right-of-way lines, in Section 32, Township 40 North, Range 16 West, for an off-premise sign in a C-2 (General Commercial) zone, in the Arizona Strip Area (between Interstate 15 and County Highway 91, east of the Arizona/Nevada state line), Mohave County, Arizona. Applicant Hamilton stated that the sign would not be used for casino advertisement, but would provide useful local information. Supervisor Zaborsky advised that, while the Planning and Zoning Commission had recommended denial, he had previously supported Mr. Hamiltonís request because of rural development within 700 feet in this ìscenicî designated area, and, therefore, there should be some compromise. In response to Supervisor Anderson, Mr. Hamilton advised that he was willing to move the sign back against the Nevada State line which would give over 1,300 feet between the signs. Attorney Ekstrom reminded the Board that the Board could not waive Zoning Ordinances. Motion was made by Supervisor Zaborsky, and seconded by Supervisor Anderson, to send the matter back to the Planning and Zoning Commission and request that staff review possible flexibility within the Zoning Ordinance to make limited changes. The following Roll Call votes were recorded: Supervisor Anderson-Yes, Supervisor Zaborsky-Yes, Chairman Johnson-No. Motion carried by majority vote. ITEM 63: The meeting continued with the Public Hearing and the BOARD OF SUPERVISORS SITTING AS THE BOARD OF DIRECTORS OF THE MOHAVE COUNTY FLOOD CONTROL DISTRICT. Attorney Basinger advised that the adoption of proposed amended Flood Control Ordinance No. 2000, was a requirement by the Federal Emergency Management Agency (FEMA) to clarify base maps as of October 20, 2000, and thereafter, and incorporate certain principals to bridge gaps between State and Federal requirements. Attorney Basinger stated that the Ordinance also included the following fee changes: $5 to $25 for information; $25 to $50 for permit applications, and $25 to $125 fee for variances. Attorney Basinger concluded by stating that the Ordinance would be effective immediately. There being no verbal or written input, Chairman Johnson declared the Public Hearing closed. Motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to adopt amended Flood Control Ordinance No. 2000. ITEM 29: Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to reconsider and continue the Special Event Liquor License for Mohave County, to be held at SARA Park Raceway, Lake Havasu City, Arizona, on November 19, 26, and December 2, 2000, until after the item regarding SARA Park was considered by the Board. ITEM 44: Motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to adopt Board of Supervisors Resolution No. 2000-430 - Rezone of Parcels 1, 2 and 3 as shown on Parcel Plats Book 16, Page 21, in the S‡ SWº NWº of Section 23, Township 18 North, Range 22 West, from A-R (Agricultural-Residential) zone to C-2H/1A (General Commercial Highway Frontage/One Acre Minimum Lot Size) zone, in the South Mohave Valley Area (northeast corner of State Highway 95 and Cimarron Boulevard), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission. ITEM 45: Louis Demaruis, Real Estate agent in Dolan Springs, Arizona, addressed the Board on behalf of the applicant, requesting a Rezone of that portion of Lot 111, lying northerly of the Pierce Ferry Road right-of-way line, Gateway Acres, Tract 9, in Section 9, Township 25 North, Range 19 West, from A (General) zone to C-MO (Commercial-Manufacturing/Open Lot Storage) zone, in the Dolan Springs portion of the Mohave County General Area (on the northeast corner of Pierce Ferry Road and del Norte Drive), Mohave County, Arizona. Agent Demaruis advised the application was in error and was not for a ìswap meet,î but for selling of antiques and such and, therefore, the Planning and Zoning Commission, had recommended denial as the property was too small. In response to Supervisor Zaborsky, Director Ballard advised that the proposed resolution could be amended to exclude the ìswap meetî portion. A brief discussion ensued regarding whether the matter should be referred back to the Planning and Zoning Commission for clarification. Bennie Wright, owner of the property, advised that he had no intention to hold swap meets, and that a rezone would, in his opinion, benefit the community. Motion was made by Supervisor Zaborsky, and seconded by Supervisor Anderson, to adopt Board of Supervisors Resolution No. 2000-435 ñ with the exception of no swap meets. In response to Supervisor Zaborsky, Director Ballard advised that the applicant could do appliance repair as long as there was no outside storage. Director Ballard requested that the following conditions be included in the resolution: 1) This property will be rezoned C-MO (Commercial-Manufacturing/Open Lot Storage) for the purposes of an appliance repair business and general retail sales. Since the Board of Supervisors found that this property is not large enough to support a swap meet, the property may not be used for that use; 2) The applicant shall comply with all applicable provisions of the Mohave County Zoning Regulations. Section 27.P (Site Plan Requirements) must be completed and approved prior to the approval of permits; 3) The appropriate zoning, building, environmental, and floodplain permits will be obtained prior to the construction; 4) The rezone shall not become effective until at least 30 days after final approval of the change in classification by the Board of Supervisors, as per A.R.S. 11-829.E; 5) If these conditions are not met within one year, this approval will be void. If at the expiration of this period, the property has been improved to meet the use for which it was conditionally approved by the Board of Supervisors (after notification by registered mail to the owner and applicant who requested the rezoning) shall schedule a public hearing to grant an extension, determine compliance with the schedule for development, or cause the property to revert to its former zoning classification. This action is in accordance with Arizona Revised Statutes Annotated, Title 11, Chapter 6, 11-832. In response to Supervisor Anderson, Director Ballard stated a view obscuring fence would be required if outside storage of appliances were not adjacent, or similar. Chairman Johnson stated that, in his opinion, the matter should be referred back to the Planning and Zoning Commission. The following Roll Call votes were recorded on the motion to adopt Board of Supervisors Resolution No. 2000-435, subject to the conditions as outlined by Director Ballard: Supervisor Anderson-Yes, Supervisor Zaborsky-Yes, Chairman Johnson-No. Motion carried by majority vote. ITEM 61: Mel Sorenson, Chief, Mohave Valley Fire Department and representing the Mohave County Fire Officers Association, advised that no action was necessary regarding the County and Fire Districtsí financial status as reports, from the Treasurer, were received on Friday. In response to Chairman Johnson, Financial Officer Ma confirmed that revenues were down approximately $1,700,000 for the General Fund compared to the previous year. Treasurer Goodmiller and Director Matthews briefly addressed the posting of taxes paid by mortgage companies; the conversion of 250,000 parcels, and conversion of millions of records. In response to Chairman Johnson, Treasurer Goodmiller advised that checks were returned to mortgage companies when there were parcel splits. In response to Chairman Johnson, Chief Deputy Nicholson advised that the major problem was statutory timeframes, and that he would investigate the specific ìstorage unitî tax payment problem brought up by Chairman Johnson. Chairman Johnson noted that Supervisor Zaborsky was absent from the meeting. ITEM 46: The meeting continued with the evaluation of a request for a Rezone of Lot 13, Block GG, Lake Mohave Country Club Estates, Unit 3, Amended, in Section 31, Township 22 North, Range 16 West, from R-M/1A (Multiple-Residential/One Acre Minimum Lot Size) zone to C-2H (General Commercial Highway Frontage) zone, in the Kingman Area (northwest corner of Gordon Drive and north Arizona Street), Mohave County, Arizona. Supervisor Anderson advised that there was an objection from the property owner on the northeast corner of Gordon and Benton. In response to Supervisor Anderson, Director Ballard advised that the site plan, when submitted, would need to be addressed and approved by the Public Works Department and that a block wall had been constructed. K. Katashaya, applicant, advised that the sketch plan contains allowances for retention of runoff. Chairman Johnson noted that Supervisor Zaborsky was now in attendance. Interim Manager Skalicky, and Ray Stadler, Mohave County Public Works, noted that holes were constructed within the block wall to allow flow instead of channeling of water around the subject property. In response to Supervisor Anderson, the applicant advised there were no noise complaints from neighbors regarding vehicle traffic. Motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to adopt Board of Supervisors Resolution No. 2000-441, as recommended by the Planning and Zoning Commission. ITEM 47: Motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to adopt Board of Supervisors Resolution No. 2000-442 - Zoning Use Permit on Lot 26, Block M, Lake Mohave Country Club Estates, Unit 3, Amended, in Section 31, Township 22 North, Range 16 West, for a pet crematory in a C-2/1A (General Commercial/One Acre Minimum Lot Size) zone, in the Kingman Area (southeast corner of Northern Avenue and North Glen Road), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. ITEM 48: Motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to acknowledge receipt and refer to the Mohave County Planning and Zoning Commission for review and recommendation a petition for an Abandonment of a portion of Desoto Drive, commencing at the State Highway 95 Right-of-Way, measured along the centerline, extending northerly 264.20 feet, adjoining Lots 140, 178 and 179, Lagoon Estates, Unit two, Commercial, in Section 35, T18N, R22W, in the South Mohave Valley Area (west of State Highway 95 and north of Laguna Road), Mohave County, Arizona. ITEM 49: Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to approve to lien property located at 3763 Santa Maria Road, Golden Sage Ranchos #52, Block N, N2 of Lot 1, in the amount of $1,978, to recover the costs of abatement. ITEM 50: Annette Holmquist, applicant, representing the property owners, addressed the Board regarding the request for a Rezone of Parcel 578, Stagecoach Trails At Santa Fe Ranch, Unit 7, in Section 25, Township 16 North, Range 17 West, from A-R/36A (Agricultural-Residential/Thirty-six Acre Minimum Lot Size) zone to A-R/8A (Agricultural-Residential/Eight Acre Minimum Lot Size) zone, in the Yucca portion of the Mohave County General Area (west of Alamo Road and north of Red Cloud Drive), Mohave County, Arizona. Applicant Holmquist advised that this item had been continued from a previous Board meeting as staff was reviewing a ìno split policyî for the Dutch Flat area. Applicant Holmquist stated that the general and area plan support the request and that there was only a draft of a ìno split policyî that would prevent splits in the area until Alamo Road was paved, and that no public hearing, nor adoption has taken place, and, therefore, urged the Boardís approval. Supervisor Zaborsky advised that, in his opinion, because of the potential for growth and traffic, there was some ìmeritî to allow lot splits only if the roads within the area are paved. Applicant Holmquist reaffirmed that the proper procedure, regarding the prevention of lot splits, had not taken place, and the request complies with all regulations to date. Applicant Holmquist concluded by stating that the action requested would only create an additional three lots. In response to Supervisor Anderson, Director Ballard advised that the Board has not placed a moratorium on lot splits; there had been 1,700 lots sold with a potential for 3,000 lots, and that traffic counts, conducted within the area, did show concern. Director Ballard advised that the draft policy, regarding ìno lot splits,î within that area, would be heard by the Planning and Zoning Commission on December 13, 2000. In response to Supervisor Anderson, Attorney Ekstrom advised that the Board did have discretion to make planning decisions. Motion was made by Supervisor Anderson to adopt Board of Supervisors Resolution No. 2000-412 ñ Approving the rezone request, and requested that the Planning and Zoning Commission review the proposed ìno lot splitî policy as expeditiously as possible to be brought back to the Board. The motion died for lack of a second. Motion was made by Supervisor Zaborsky, and seconded by Chairman Johnson, and the Roll Call vote was unanimously carried to adopt Board of Supervisors Resolution No. 2000-412 ñ Denying the rezone as requested. Chairman Johnson called the meeting in recess at 12:07 PM, and the meeting was reconvened at 1:35 PM. ITEM 51: Court Administrator Lewis gave a brief history regarding the Video Arraignment, and the audio and video problems the equipment has had since it was installed. Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to direct the Superior Court, the Lower Court Administrator, the Sheriffís Office, and the County Attorney, as expeditiously as possible, to legally notify the vendor of the lapses in the system, and what steps might need to be taken, if they did not live up to the contract agreement. ITEM 52: Judge Imus, Associate Limited Jurisdiction Presiding Judge, advised that Judge McCoy, the Limited Jurisdiction Presiding Judge, as well as the Lower Court Administrator, Paul Thomas, could not be in attendance, but that he would try to find out what the Board needed regarding the audit of the Consolidated Court. In response to Supervisor Zaborsky, Judge Imus advised that the Lower Court Administrator was not avoiding the Board. Chairman Johnson advised that the request was to determine if the combined Courts were illegally formed, and while the audit report was done in May, the Board had not received a copy until August. Chairman Johnson advised that the purpose of the item was to review the recommendations contained in that report. Clyde Andress, Lake Havasu City Magistrate, advised 99% of the recommendations in the audit had been taken care of. Magistrate Andress further advised that the combined courts had been legally formed and were efficient and user friendly for City and County residents. Magistrate Andress stated that both courts took in $2,200,000 last year. In response to Chairman Johnson, Magistrate Andress advised that no prior job evaluation had been done regarding the Lower Court Administrator. Magistrate Andress reviewed the current positions in the combined courts, and that after a July 24, 2000, meeting with Judge Pope, the Lower Court Administrator was given direction and told that he should work three days in Kingman. Judge Imus advised that the Lower Court Administrator was now evaluated and given direction regarding the Justice Courts. A debate ensued between the Board and Judge Imus regarding the attendance of the Limited Court Administrator at Board meetings when requested. Chairman Johnson concluded by stating that no action was required. ITEM 61: Chief Deputy Nicholson addressed Chairman Johnsonís concern regarding a storage unit billing, as it related to the initial discussion during the County and Fire Districts Financial status. Chief Deputy Nicholson advised that the parcels in question would not exist within the Assessorís data bank until next year, and the developer should have collected and sent payment under one tax bill. ITEM 53: Supervisor Anderson advised that the County Attorney requested to review her request for a ìCall to the Publicî to be placed on each Agenda, as an item to allow for public comments, and, therefore, no action was necessary. ITEM 54: Chairman Johnson advised that the Interim County Managerís Evaluation and Goals and Objectives, in accordance with the County Managerís Ordinance, would be addressed later. ITEM 55: Motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to approve $662.65 as final payment regarding the contract dispute with The Standard. ITEM 56: Chairman Johnson advised that no action was required regarding the Waste Tire Litigation cases ñ United States District Court case titled Mohave County v. United States Environmental Protection Agency, et al., CIV99-1329 PCT ñ RGS and Mohave County Superior Court case titled Mohave County v. Maricopa County, CV99-52l. ITEM 57: Chairman Johnson advised that no action was required regarding the Arizona Supreme Court Special Action titled Mohave County, et al. v. The Honorable Gary R. Pope, et al., CV-00-0196-SA and Mohave County Superior Court Administrative Order Nos. 2000-20 and 2000-21. ITEM 58: Joe Tamberella, Golden Valley resident, addressed the Board with a concern regarding the possible increase costs for electricity for Golden Valley Improvement District #1 Water District residents, and the amount of water that the Griffith Energy Project may use. In response to Supervisor Zaborsky, Interim Manager Skalicky advised that the District would have no other choice but to pass any increases on to the customers, but that the district did not have a ìdemand charge,î and that the budget did contain contingencies to cover unexpected costs throughout the year. Mr. Tamberella, advised that, in his opinion, the previous Board gave a water supply guarantee when the property was bonded, and now this Board of Supervisors had also given a guarantee to Griffith Energy as well and, therefore, was concerned that the Golden Valley Improvement District receive water first. Mr. Tamberella claimed that documents now stated that Griffith Energy would only be paying for maintenance on the water system and requested to know who had changed those figures. Interim Manager Skalicky clarified that Golden Valley water rates were set in 1991, and that the ìguaranteeî that Mr. Tamberella spoke about was the Countyís proof to the Arizona Department of Water Resources that there was sufficient water to service the residents that would be assessed, and the district was given 1,400 acre feet a year, which was sufficient for 6,200 lots. Supervisor Zaborsky further clarified that Griffith would be paying for 100% of the operation of that system at a per gallon cost. Mr. Tamberella concluded by stating that, in his opinion, the rates for Griffith Energy should not be lower than rates to Golden Valley Improvement District residents. Interim Manager Skalicky offered to address Bobbie Bourqueís, a Golden Valley resident, concern regarding the need for a regulator. ITEM 59: Motion was made by Supervisor Anderson, seconded by Chairman Johnson, and the following Roll Call votes were recorded on deferring the purchase and installation of an electronic voting board for the Board of Supervisors and Commissions, to the future Board: Supervisor Anderson-Yes, Supervisor Zaborsky-No, Chairman Johnson-Yes. The motion carried by majority vote. ITEM 60: A brief discussion ensued among the Board and Chief Deputy Nicholson regarding the request to approve a property tax exemption per ARS 42-11153B, in which the deadline process was discussed. Attorney Ekstrom advised that, while he agreed with the Assessor in concept, the Board had no jurisdiction, and, therefore, no action could be taken. ITEM 64: The meeting continued with the Public Hearing regarding the Amendment to Mohave County Ordinance 90-1 ñ Fee Schedule and annual permit fees for Environmental Health Services. Assistant Director McNally advised that, while Yavapai County receives additional General Fund support, it was unknown if fees charged by Mohave County were competitive with other Arizona Counties. Environmental Director Marrah advised that these fees were a 22% increase and were sufficient to cover costs. A brief discussion ensued regarding whether the fees were competitive. There being no written or verbal input, Chairman Johnson declared the Public Hearing closed. Motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to approve the amendment, provided that the service fees are monitored for a need to increase. Chairman Johnson called for a recess at 3:10 PM, and the meeting was reconvened at 3:16 PM. ITEM 62: Motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to authorize the payment of October invoices, billing statements, and claims for Superior Court mandated services of Juror Compensation, Legal Services, and Court Costs/Investigations in the amount of $64,454.34. ITEM 65: In response to Supervisors Anderson and Zaborsky, Attorney Herbert advised that the agreement for indigent defense services, between William Porter and Mohave County, contained a thirty day notice clause. Motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to approve the agreement as stated. ITEM 71: Motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to approve an agreement between Eric Engan and Mohave County for indigent defense services in the State of Arizona v. Kimberly Lynn Lane, CR96-057 case. ITEM 68: In response to Supervisor Anderson, Officer Ma advised that the request for staffing and salary issues for the Public Defenderís Office, Legal Defenderís Office, and County Attorneyís Office, would cost approximately $115,000 for the remainder of this fiscal year, and $230,000 for a full budget year. Officer Ma advised that the per case cost was $700 for outside, as opposed to $200 in house. Interim Manager Skalicky advised that the salary issues are in line with what other counties are paying. Officer Ma advised that this allows the option of hiring at a step 1 through 13, without Board approval. A discussion ensued regarding the need for the retention of competent attorneys for both offices. Attorney Ekstrom advised that, in his opinion, the salary was at an acceptable level. Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to approve the salary range adjustments to be funded, as recommended by staff, from a $115,000 Contingency account transfer. ITEM 66: Supervisor Zaborsky advised that he was concerned with the profit and loss reports regarding the Mohave County Raceway and the continued use of SARA Park, as well as the liability of liquor sales and, therefore, felt the County should accept Lake Havasu Cityís offer for management of that facility. Supervisor Zaborsky stated that, in his opinion, Mohave County should only provide recreational areas, not recreation. Supervisor Anderson advised that she concurred with Supervisor Zaborsky. Chairman Johnson stated that, in his opinion, he hoped that the Raceway would ìturnî a profit for this month and next month, as the track provides safe recreation for the youth and families, and was probably one of the best insured tracks in the United States. Chairman Johnson advised that, in his opinion, SARA Park deserves a chance at success, and did not support the transfer of SARA Park to Lake Havasu City. Motion was made by Supervisor Zaborsky, and seconded by Supervisor Anderson, to instruct the County Attorney to proceed with development of a contract to transfer the operation of SARA Park to Lake Havasu City, but allow the race season to continue to December 3, 2000. Chairman Johnson reminded the Board that this project was at no loss of General Funds, with the exception of start-up costs from his budget. Attorney Ekstrom reminded the Board that Mohave County did not own SARA Park and the operation and maintenance would need to be transferred through a Cooperative Agreement, subject to the Bureau of Land Management approval. The following Roll Call votes were recorded: Supervisor Anderson-Yes, Supervisor Zaborsky-Yes, Chairman Johnson-No. The motion carried by majority vote. ITEM 29: Supervisors Zaborsky and Anderson voiced liability concerns regarding the Special Event Liquor Licenses for Mohave County, to be held at SARA Park Raceway, Lake Havasu City, Arizona, on November 19, and December 3, 2000. Parks Event Coordinator Grint clarified the dates and events in which liquor licenses were requested, and clarified that he had not actively pursued revenue for signs. A brief debate ensued between Coordinator Grint and Supervisor Zaborsky regarding coordination of events, finances, etc. Motion was made by Supervisor Zaborsky, and seconded by Supervisor Anderson, (for discussion) to approve the Special Event Liquor License as stated. The following Roll Call votes were recorded: Supervisor Zaborsky-Yes, Supervisor-Anderson-No, Chairman Johnson-Yes. The motion carried by majority vote. ITEM 67: Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to approve intervention in Arizona Corporation Commission proceedings regarding Citizens Utilities Companyís (Arizona Electric Division) Application to Change the current Purchased Power and Fuel Adjustment Clause Rate, to establish a new Purchased Power and Fuel Adjustment Clause Bank, and to request approved guidelines for the recovery of costs incurred in connection with Energy Risk Management initiatives. ITEM 69: Motion was made by Supervisor Zaborsky, and seconded by Chairman Johnson, to approve Change Order #4 to the Contract with the B.L. Weber Group, Inc., for the Griffith Water System Well Site Improvements. In response to Supervisor Anderson, Interim Manager Skalicky, verified that this was to cover the order for spare parts at a cost of $41,254.65, as well as an extension of the notice to proceed with the 6th well to January 5, 2001. The following Roll call votes were recorded: Supervisor Zaborsky-Yes, Supervisor Anderson-No, Chairman Johnson-Yes. The motion carried by majority vote. Chairman Johnson called for a recess at 4:00 PM, and the meeting was reconvened at 4:10 PM. ITEM 70: Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to direct legal staff to negotiate settlement regarding Superior Court Case Mohave County v. United National Insurance Company, et al. CV 99-06465. There being no further business to come before the Board, this 6th day of November, 2000, motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to adjourn at 4:25 PM. MOHAVE COUNTY BOARD OF SUPERVISORS __________________________________________ Buster D. Johnson, Chairman ATTEST: __________________________________ Pat Chastain, Clerk of the Board REGULAR MEETING PAGE  PAGE 19 NOVEMBER 6, 2000