MOHAVE COUNTY BOARD OF SUPERVISORS MOHAVE COUNTY, KINGMAN, ARIZONA SPECIAL MEETING ñ NOVEMBER 20, 2000 The Board of Supervisors of Mohave County met in Special Session this 20th day of November, 2000, at 9:54 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; Joan McCall, Mohave County Recorder; Dora Goodmiller, Mohave County Treasurer; Richard A. Skalicky, P.E., Interim Mohave County Manager; Deborah Herbert, Chief Civil Deputy County Attorney; Richard Basinger, Deputy County Attorney; Brad Nelson, Elections Director; Mike Hendrix, P.E., Interim Mohave County Public Works Director; Susie Parel Duranceau, Community Services Development Director; Linda Semm, Human Resource Officer; Patty Mead, Health and Social Services Director; Ron Nicholson, Chief Deputy Assessor; Rod Marquardt, Chief Probation Officer; Duc Ma, Financial Services Officer 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 December 4, 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 the County Supervisors Association in conjunction with the Association of Counties would be discussed later in the agenda. Supervisor Zaborsky and Chairman Johnson advised that they had nothing to report. ITEM 3: Interim Manager Skalicky advised that the I-40 water project was complete and that Mohave County was now awaiting approval of construction from the Arizona Department of Environmental Quality. ITEM 4: Motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to approve the October 16, 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 12, 13, 23, 24, 26, 27, 28, as follows: 5. Adoption of Board of Supervisors Resolution No. 2000-448 - Zoning Use Permit on the east 624 feet of the north 300 feet, excluding the north 210 feet, of the N‡ SEº SEº of Section 27, Township 19 North, Range 22 West, for a commercial modular for a sales office and a retail plant nursery in an A-R (Agricultural-Residential) zone, in the South Mohave Valley Area (west side of State Highway 95, between Joy Lane and Torrance Road), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission. 6. Adoption of Board of Supervisors Resolution No. 2000-449 - Rezone of Parcels 3 and 4, as shown on the Mohave County Official Records, recorded April 20, 2000, fee No. 2000-21347, in the S‡ NEº of Section 34, in Township 21 North, Range 18 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) and A-R/16A (Agricultural-Residential/Sixteen Acre Minimum Lot Size) zones, in the Golden Valley Area (west of Aztec Road and south of Unkar Drive), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission. 7. Adoption of Board of Supervisors Resolution No. 2000-450 - Rezone of Parcel 27-13C, Mountain Vista Ranches, Phase 1, as shown on Parcel Plats Book 9, Page 13, in Section 27, Township 24 North, Range 15 West, from A-R/10A (Agricultural-Residential/Ten Acre Minimum Lot Size) zone to A-R/5A (Agricultural-Residential/Five Acre Minimum Lot Size) zone, in the Mohave County General Area (west of Painted Rock Drive and north of Nuttail Drive), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission. 8. Adoption of Board of Supervisors Resolution No. 2000-451 - Rezone of Parcel 515, Stockton Hill Ranches, Unit 10, as shown on Record of Survey Book 2, Page 25, in Section 18, Township 23 North, Range 16 West, from A-R/10A (Agricultural-Residential/Ten Acre Minimum Lot Size) zone to A-R/5A (Agricultural-Residential/Five Acre Minimum Lot Size) zone, in the Mohave County General Area (west of North Bank Street and south of Calle Chavez), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission. 9. Adoption of Board of Supervisors Resolution No. 2000-452 - Rezone of Parcel 252, Stockton Hill Ranches, Unit 8, as shown on Parcel Plats Book 1, Page 58, in Section 36, Township 23 North, Range 17 West, from A-R/10A (Agricultural-Residential/Ten Acre Minimum Lot Size) zone to A-R/5A (Agricultural-Residential/Five Acre Minimum Lot Size) zone, in the Mohave County General Area (east of Longee Street and north of Jane Avenue), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission. 10. Adoption of Board of Supervisors Resolution No. 2000-453 - Rezone of Parcel 67, Oro Acres, a subdivision of Sunward Ho! Ranches, in Section 6, Township 22 North, Range 16 West, from A-R/10A (Agricultural-Residential/Ten Acre Minimum Lot Size) zone to A-R/5A (Agricultural-Residential/Five Acre Minimum Lot Size) zone, in the Mohave County General Area (east of Avenida Ramirez and south of Calle Dimas), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission. 11. Adoption of Board of Supervisors Resolution No. 2000-454 - Rezone of Parcels 3322-A and 3322-C, Boot Hill Ranches, as shown on Record of Survey Book 11, Page 92, a portion of Lots 33 and 22 of TORO ACRES, a subdivision of Sunward Ho! Ranches, No. 2, in Section 19, Township 23 North, Range 16 West, from A-R/10A (Agricultural-Residential/Ten Acre Minimum Lot Size) zone to A-R/5A (Agricultural-Residential/Five Acre Minimum Lot Size) zone, in the Mohave County General Area (east of Stockton Hill Road and south of Calle Caliente), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission. 14. Adoption of Board of Supervisors Resolution No. 2000-493 ñ Authorizing the establishment of Concho Drive in Valle Vista as a through road and placing traffic control devices on streets entering onto Concho Drive, Mohave County, Arizona. 15. Adoption of Board of Supervisors Resolution No.2000-494 ñ Authorizing the posting of Stop Signs at the intersection of Third Street and Payroll Avenue in Chloride, Mohave County, Arizona. 16. Accept Warranty and Dedication described as the East 42 feet of the North half of the Southeast quarter of the Southeast quarter of the Northeast quarter (N ‡ SE º SE º NE º) of Section 2, T39N, R16W of the G&SRM, Mohave County, Arizona, located in the Scenic Improvement District area. 17. Accept Warranty and Dedication described as the East 42 feet of the North half of the Southeast quarter of the South 42 feet of the East half of the South half of the Southwest quarter of the Southeast quarter of the Southwest quarter (S42í E ‡ S ‡ SW º SE º SW º) of Section 2, T39N, R16W of the G&SRM, Mohave County, Arizona, located in the Scenic Improvement District area. 18. Approval of Intergovernmental Agreement for Cooperative Purchasing between Mohave County and Maricopa County. 19. Award of Bid No. 00-B-18 ñ Correctional Officer Uniforms to Working Class Clothes, Lake Havasu City, Arizona, in the amount of $28,925 for the Mohave County Sheriffís/Correctional Facility. 20. Award of Bid No. 00-P-10 ñ Architectural Services for the Lake Havasu Senior Center to Clark & Associates, Phoenix, Arizona, in an amount not to exceed $101,614. 21. Award of Bid No. 00-P-19 ñ Aggregate Cover Material (Chips) to Canyon Sand, Inc., Henderson, Nevada, in the amount of $30,000 plus applicable tax, for the Mohave County Road Department. 22. BOARD OF SUPERVISORS SITTING AS BOARD OF DIRECTORS ñ MOHAVE COUNTY LIBRARY DISTRICT: Accept donation of $1,000 from the Friends of the Bullhead City Library for the purchase of tackable wall covering for the Program Room. 29. Acknowledge receipt of Bullhead City Resolution No. 2000R-064 declaring its intention to purchase electricity for the lighting of streets and parks for the formation of the City of Bullhead City Street Lighting Improvement District No. 7 (Lakeside Court). 30. Approval of contract #761107, Amendment #4, fund #226-04-51000 between Mohave County Health/Nursing Division and Arizona Department of Health Services for Family Planning Services. 31. Approve the hiring salary for Community Nutrition Specialist II, Range 32, Step 8, in accordance with Merit Rule 303.I.2. ITEM 12: Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to refer back to the Planning and Zoning Commission, as requested by staff, the evaluation of a request for a Rezone of the E‡ SWº SWº SWº, Section 21, Township 27 North, Range 20 West, from A-R/36A (Agricultural-Residential/Thirty-six Acre Minimum Lot Size) zone to A-R (Agricultural-Residential/One Acre Minimum Lot Size) zone, in the Mohave County General Area (east of U.S. Highway 93 and south of White Hills Road), Mohave County, Arizona. (Resolution No. 2000-455). ITEM 13: Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to refer back to the Planning and Zoning Commission, as requested by staff, the evaluation of a request for a Rezone of the W‡ SWº SWº SWº, Section 21, Township 27 North, Range 20 West, from A-R/36A (Agricultural-Residential/Thirty-six Acre Minimum Lot Size) zone to A-R (Agricultural-Residential/One Acre Minimum Lot Size) zone, in the Mohave County General Area (east of U.S. Highway 93 and south of White Hills Road), Mohave County, Arizona. (Resolution No. 2000-456). ITEM 23: In response to Supervisors Anderson and Zaborsky, Interim Manager Skalicky advised that Change Order No. 5 to the B.L. Weber Group, Inc. contract, for the Griffith Water System Well Site Improvements, in the amount of $12,692.05, for changes to the SCADA system, was a necessary upgrade, and would be covered, or funded under the COPS issue. Motion was made by Supervisor Zaborsky, and seconded by Chairman Johnson, to approve Change Order No. 5 as stated. The following Roll Call votes were recorded: Supervisor Anderson-No, Supervisor Zaborsky-Yes, Chairman Johnson-Yes. Motion carried by majority vote. ITEM 24: In response to Chairman Johnson and Supervisor Anderson, Attorney Ekstrom advised that the revised Mohave County Section 20, BMX Facility Use and Management Agreement was the same agreement previously approved by the Board with changes as requested by the Bureau of Land Management, which allows the use of County land with no liability. At the request of Chairman Johnson, Risk Management Director Beyer advised that while BMX racing was a high liability, a $10,000,000 policy requirement was adequate and the Countyís Risk pool would cover it since the participants are required to sign waivers. Attorney Ekstrom restated that the agreement was sufficient, with a thirty day cancellation clause, and the agreement was the same as approved by the Board six months previous, and that revenues generated would go back into the facility. Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to approve the agreement as stated. ITEM 25: Interim County Manager Skalicky advised that Mohave County ranchers would pay for costs regarding the Cooperative Agreement of the United States Department of Agriculture Natural Resources Conservation Service. Attorney Ekstrom advised that this would require minimal staff time, and no further costs to Mohave County. 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 26: In response to Supervisor Anderson, Interim County Manager Skalicky advised that Mohave County has not previously applied for the Water Infrastructure Finance Authority (WIFA) assistance, but that some domestic water districts may have, and that this would allow Mohave County to recoup time and staff time. Motion was made by Chairman Johnson, and seconded by Supervisor Zaborsky, to adopt Board of Supervisors Resolution No. 2000-461 ñ Authorizing the submission of an application to the Water Infrastructure Finance Authority (ìWIFAî), as well as to sign and submit documents related thereto as may be necessary to activate the Application. The following Roll Call votes were recorded: Supervisor Anderson-No, Supervisor Zaborsky-Yes, Chairman Johnson-Yes. Motion carried by majority vote. ITEM 27: In response to Supervisor Anderson, Attorney Herbert clarified that the Resolution presented included that the Procurement Officer submit monthly reports regarding procurements between ten thousand dollars ($10,000) and thirty-five thousand dollars ($35,000), and that the request for approval of those monthly reports be incorporated in the records and minutes of the Board of Supervisorsí meetings. 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. 2000-462 ñ Raising the limit for use of simplified purchasing procedures from $25,000 to $35,000, revising the Mohave County Purchasing Policy to reflect the $35,000 limit; and directing the Procurement Officer to revise the simplified purchasing procedures set forth in the Mohave County Purchasing Regulations to accommodate the change to the $35,000 limit. ITEM 28: In response to Chairman Johnson, Recorder McCall advised that not all of the early voted ballots were counted with the ballots on election night, as some were held and run with the ìto be verified ballots.î Director Nelson verified that approximately 500 early voted ballots were not included with the remainder of the ballots, but there were approximately 9,700 received for verification after the General Election held November 7, 2000. Recorder McCall and Director Nelson explained the early voted ballot process and the security taken to secure those, and all ballots. 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. 2000-463 ñ Canvass of the November 7, 2000, General Election. ITEM 32: Motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to refer back to the Planning and Zoning Commission the reconsideration of BOS Resolution No. 2000-326 setting forth a Rezone of Parcel 27-12, Mountain Vista Ranches, Phase I, in Section 27, Township 24 North, Range 15 West, from A-R/36A (Agricultural-Residential/Thirty-six Acre Minimum Lot Size) zone to A-R/15A and A-R/ 5A (Agricultural/Residential/Fifteen Acre and Five Acre Minimum Lot Size) zones, in the Mohave County General Area, Mohave County Arizona. ITEM 33: The meeting continued with the evaluation of a request for a Rezone of the E‡ E‡ SWº SWº, Section 21, Township 27 North, Range 20 West, from A-R/36A (Agricultural-Residential/Thirty-six Acre Minimum Lot Size) zone to A-R (Agricultural-Residential/One Acre Minimum Lot Size) zone, in the Mohave County General Area (east of U.S. Highway 93 and south of White Hills Road), Mohave County, Arizona. In response to Supervisor Anderson, Director Ballard confirmed that the property owner must provide legal access, and that only one letter was received, but was not germane to this request. 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. 2000-457, approving the Rezone as stated, and as recommended by the Planning and Zoning Commission. ITEM 34: The meeting continued with the evaluation of a request for a Rezone of Parcel 23-A, Lazy Y-U Ranch, Phase 1, as shown on Parcel Plats Book 7, Page 81, in Section 11, Township 20 North, Range 16 West, from A-R/18A (Agricultural-Residential/Eighteen Acre Minimum Lot Size) zone to A-R/5A (Agricultural-Residential/Five Acre Minimum Lot Size) zone, in the Mohave County General Area (east of Lazy Y-U Drive and north of Buckboard Trail), Mohave County, Arizona. In response to Supervisor Anderson, Director Ballard advised that the reason for the nay vote, from the Commission, was a memberís philosophical opinion regarding rezones. 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. 2000-458-as stated, and as recommended by the Planning and Zoning Commission. ITEM 35: Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to approve the Lien on property (1162 S. Drake Road, Golden Sage Ranchos #84, Block B, Lot 11) in the amount of $1,861 to recover the costs of abatement. ITEM 36: Jim Roberts, Chairman of the Mohave County Transportation Commission, addressed the Board regarding the Order and call for a Countywide special election in March 2001 for the purpose of approving not less than a one-quarter cent sales tax, and up to a one-half cent sales tax, for County transportation purposes including roadway improvements and construction. Chairman Roberts reviewed the proposed distribution for both the one-quarter cent sales tax and a one-half cent sales tax. Chairman Roberts concluded by stating that the Commission was in support of letting voters decide the issue and preferred the 1/4 cent ìpitchî. Supervisors Anderson and Zaborsky commended both Public Works and the Commission for such a well balanced and equitable recommendation, as well as letting voters decide whether they were in favor of a º or ‡ cent option, and the legal research to determine verbiage. Motion was made by Supervisor Zaborsky, and seconded by Supervisor Anderson, to delay the matter to the December 4, 2000, meeting, to allow legal research regarding verbiage to include both the º and ‡ options on the ballot, or nothing at all, as well as a ìsunsetî clause, as well as the ìwindow of opportunityî to hold the election in March, 2001. In response to Chairman Johnson, Director Hendrix advised that cities were not contacted and that, in his opinion, the Transportation Commission did what they were directed to do. Chairman Johnson advised that, in his opinion, the matter was premature since most of the voters were within the cities and without their support it would be useless to put the matter on a ballot. Director Hendrix concluded by stating that the matter was advertised and many public hearings held throughout the County. The Roll Call vote was unanimously carried. ITEM 37: Discussion ensued regarding the process for hiring a new County Manager, with Supervisors elect Tom Sockwell, District 2, and Pete Byers, District 1, advising they felt it was appropriate to begin the process to allow their involvement in the process. Motion was made by Supervisor Anderson, and seconded by Supervisor Zaborsky, to begin advertising for a County Manager using the current job description, range and qualifications, (and include the new ìSupervisors Electî in the process,) and that applications be submitted to the Human Resource office. Interim Manager Skalicky advised that he would not be applying for the job. Chairman Johnson advised that, in his opinion, with the limited finances Mohave County would receive limited response; it would take a minimum of two years for a new County Manager to be effective, and, therefore, the new Supervisors needed to speak with Interim Manager Skalicky as he was a known quantity, and supported the appointment of Interim Manager Skalicky. Discussion ensued regarding advertisement, with Human Resource Officer Semm advising that an Executive Search firm usually cost approximately $5,000. A substitute motion was made by Supervisor Anderson, and seconded by Supervisor Zaborsky, to continue the matter to the next meeting for an estimate of costs of an Executive Search firm. The following votes were recorded on the motion: Supervisor Anderson-Yes, Supervisor Zaborsky-Yes, Chairman Johnson-No. Motion carried by majority vote. ITEM 38: 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. 2000-437 ñ Denying the Rezone, as noted under Item 39 as follows. ITEM 39: Supervisor Anderson advised that additional information was received after the meeting in which Board of Supervisors Resolution No. 2000-437, was adopted Denying the 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. Attorney Ekstrom and Director Hendrix advised that a Public Hearing could not be held this date, but the Board needed to call for a Public Hearing to be held December 18, 2000, in this regard. Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to set this matter for Public Hearing at the December 18, 2000, meeting. ITEM 40: In response to Chairman Johnson, Risk Manager Beyer advised that, in his opinion, and the Insurance Poolís, the liability Insurance for Mohave County Fairgrounds was adequate, as there was an incorporated Fair Association that was under contract with Mohave County for the operation and maintenance of that property. Risk Manager Beyer did, however, note concern regarding the sale and consumption of alcohol on the Fairgrounds property. Chairman Johnson advised that, in his opinion, liability insurance policies regarding users of County facilities were not consistent and needed to be reviewed to assure that liability coverage contracts are adequate. Interim Manager Skalicky advised that the buildings and grounds were covered by Mohave County. Chuck Cox, representing the Fair Association, reviewed the liability insurance requirements per event at the Fairgrounds, and advised that all liability was the responsibility of the Fair Association as a non-profit organization. A brief discussion ensued regarding Chairman Johnsonís concern that all policies from vendors holding events at the Fairgrounds were not naming Mohave County as additionally insured. Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to direct Risk Management to work with the various entities that use recreational public facilities, i.e., Parks, to review risks of events, coverage, and recommend equitable, fair, and reasonable charges for that use to protect the County, while applying common sense. ITEM 41: Chairman Johnson requested that staff review Mohave County Parks, and County policy regarding disposition of all County Parks not making a profit. Supervisor Zaborsky stated that, in his opinion, if there was an entity that wanted to take over maintenance and operation of any of the Countyís Parks, he would support that request, such as Lake Havasu City with SARA Park. Supervisor Anderson advised that while County Parks were rustic and for every user, she did not want fees increased so high that Parks could not be enjoyed by the common citizen. Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried that costs and revenues of County Parks be referred to the Parks Department to be brought back to the future Board of Supervisors. ITEM 42: Pete Foster, ADEQ - Water Quality Director, requested that the approval of comments to the Governorís Regulatory Review Council, regarding the ADEQís proposed rules for on-site wastewater treatment facilities, be heard later in the meeting to allow additional representatives from ADEQ to be in attendance to address the Board. Brief debate ensued regarding allowing the public to address the Board, the attendance of Board members at public meetings regarding the issue, and allowing other ìstake holdersî to become involved, or express their opinions, and concerns regarding those guidelines. Mr. Foster advised that, in his opinion, ADEQ was providing a broad set of rules for flexibility through the planning process for different areas which impact mining and cities and, therefore, was important for ADEQ to hear the different entities and/or citizens concerns. Chairman Johnson noted that comments would also be heard at the ADEQ Public meeting to be held this evening on this date. Motion was made by Supervisor Anderson and seconded by Supervisor Zaborsky, to continue the item for action after item 51 to allow the public to make comments. The following Roll Call votes were recorded: Supervisor Anderson-Yes, Supervisor Zaborsky-Yes, Chairman Johnson-No. Motion carried by majority vote. D. L. Tilton, Ft. Mohave resident, addressed the Board opposed, as he had 45 lots and it would cost approximately $10,000 to $18,000 per lot for a septic system and, therefore, voiced concern regarding what property owners would do that cannot meet the Stateís criteria regarding alternative sewer disposal systems. Supervisor Zaborsky advised that, in his opinion, these issues affect health and welfare, and there was much confusion between ADEQ and County staff that needed to be worked out so that the public was aware. There being no further public input, the item was continued. ITEM 43: Chairman Johnson advised that a Public Hearing had been held in the BeaverDam/Littlefield area regarding the request for a Cable Television franchise for Charter Communications to service that area. In response to Chairman Johnsonís concern, Interim Manager Skalicky confirmed that it had been some time since franchise agreements, for cable television, had been reviewed and/or updated. Supervisor Anderson advised that she would not support a continuance for review of the agreement, as the areaís ability to receive Arizona news was limited. Motion was made by Supervisor Anderson, and seconded by Supervisor Zaborsky, for discussion, to approve the franchise as requested. At the request of Interim Manager Skalicky and Attorney Ekstrom, the motion was amended to approve the franchise for 10 years with an annual 5% gross receipts to Mohave County. A brief discussion ensued regarding providing local Arizona channels for Arizona news, or coverage. It was the consensus of the Board that Charter Communications be requested to include or provide an Arizona news channel. The following Roll Call votes were recorded: Supervisor Anderson-Yes, Supervisor Zaborsky-Yes, Chairman Johnson-No. Motion carried by majority vote. ITEM 44: At the request of Supervisor Anderson, Supervisors elect Pete Byers, District 1, and Tom Sockwell, District 2, advised that there did not appear to be any conflicts regarding the Board of Supervisors ñ 2001 Meeting Calendar, as prepared by staff. A brief discussion ensued regarding a possible conflict regarding the NACO meeting in March, with Interim Manager Skalicky advising that the calendar could be changed. Motion was made by Supervisor Anderson, and seconded by Supervisor Zaborsky, to approve the Board of Supervisors ñ 2001 Meeting Calendar. Vice Chairman Anderson noted that the Chairman was absent and the Roll Call vote was unanimously carried. ITEM 45: Motion was made by Supervisor Zaborsky, and seconded by Vice Chairman Anderson, to call for Special Board of Supervisors Meetings for December 5, 6, 7, 2000, for the purpose of holding workshops with the County staff and the newly elected County Supervisors. The following Roll Call votes were recorded: Supervisor Zaborsky-Yes, Vice Chairman Anderson-Yes, Chairman Johnson-Absent. The motion was unanimously approved. ITEM 46: A brief discussion ensued regarding the request to authorize the County Manager, under the County Managerís Ordinance Report, to approve expenditures of Contingency Funds for the Mohave County Treasurer, in amounts up to and including $500.00, and Chairman Johnsonís opinion that the Board was giving up responsibility. Motion was made by Supervisor Anderson, and seconded by Supervisor Zaborsky, to authorize the County Manager to approve expenditures of Contingency Funds for the Mohave County Treasurer, in amounts up to and including $500.00, as stated. A brief debate ensued between Supervisor Zaborsky and Chairman Johnson regarding whether the Interim County Manager should be allowed this authority. The following Roll Call votes were recorded: Supervisor Anderson-Yes, Supervisor Zaborsky-Yes, Chairman Johnson-No. Motion carried by majority vote. Chairman Johnson called for a recess at 12:05 PM, and the meeting was reconvened at 1:35 PM. ITEM 51: A brief debate ensued between the Board regarding whether or not a full presentation of legislative issues for the 2001 session was necessary, since public hearings had been held. Interim County Manager Skalicky continued with his report regarding possible County Supervisor Association legislative issues, as well as those from Mohave County as follows: Committee on constable salaries, formula for alternative fuel, with Mike Williams, Mohave County Lobbyist advising that the Attorney General was reviewing ways to minimize the impact through federal funding; Yuma Countyís reimbursement health bill; medical eligibility costs; local ordinance authority not in conflict with State law; reduce publication requirements, of annual budget etc.; modifying the AHCCCS contribution; public defender appointments; and the negative impact of the tax distribution of highway revenues. Interim Manager Skalicky advised that Mohave County would be requesting legislative action on the following issues: waste tire distribution formula; design build language correction; Environmental Health Task Force for waste management; temporary assistance to needy families through a health care bill; and County residency requirement (ìhomes onlyî residential bill for Planning and Zoning); not prohibiting mobile homes in residential areas; subdivision regulations regarding platting requirements, (20 or fewer lots); as well as the Boardís authority regarding Court funding. Lobbyist Williams gave a brief report regarding the prior status of County funding issues. Interim Manager Skalicky advised that the Treasurer would like to submit legislation regarding the mandate to send tax bills for $50 or less, tax bills for Personal property, as well as a recordation surcharge to use for establishing a GIS system. A brief discussion ensued regarding the proposed personal property issue, with Treasurer Goodmiller advising that it could not be addressed through a minimum tax bill as it would need to be addressed through valuation. Lobbyist Williams offered to research if the matter was a Constitutional requirement of the Treasurer. Interim Manager Skalicky advised that Public Works was requesting amendment to the language regarding Improvement Districts making assessment liens equal. Treasurer Goodmiller noted that the Arizona Treasurerís Association was proposing several ìclean upî language bills, as well as the publication of tax sale notice. Chairman Johnson requested review of Mining claims to be assessed the same as real property. Chief Deputy Assessor Nicholson advised that the Assessor was requesting review of statutory time lines for receiving revenue to be moved from September to December, as well as the requirement for Sales affidavits for sales of mobile homes. Don Van Brunt, Kingman resident, requested review of property owners not having mineral rights as they are held by the railroads and, therefore, the railroads should be made to pay their fair share, or relinquish those rights to the property owner. A brief discussion ensued regarding those mineral rights, with Chief Deputy Nicholson advising that special legislation would be required. Lobbyist Williams concluded by stating that there were 28 new legislators. He briefly reported on the mix of democrats and republicans in the House and Senate which will create a ìlearning curve,î and a busy legislative year. Supervisor Anderson publicly thanked Lobbyist Williams for his efforts on behalf of Mohave County. ITEM 47: Chief Probation Officer Marquardt addressed the Board regarding the approval of payment of employee progression (promotional) pay increases for Deputy Probation Officers. Officer Marquardt concluded by stating the request would not require a Contingency fund transfer. Chairman Johnson stated that, in his opinion, if there were other non-general fund departments, that had funds within their budgets, he did not have a problem granting those requests. Interim Manager Skalicky noted that there was currently a ìfreezeî regardless of what fund and that the Assessorís request for promotional increases would be covered within their budget. In response to Chairman Johnson, Chief Deputy Assessor Nicholson advised that departmentís request would not result in an increase in the next years budget. Officer Ma advised that his department did not recommend that type of practice and, therefore, there was a concern as it was a budgetary policy and was based on what was equitable County wide. Discussion ensued between the Board, Officer Ma, Interim Manager Skalicky, and Director Duranceau regarding funds available for increases when a position was not filled; the need to pay for performance, and training to allow increases; training provided by Mohave County; the need to address all staff positions, not just professional level positions; whether to allow increases for grant funded positions; the needed revenue to address this County wide problem; giving departments the latitude to adjust budgets; training being provided on County time; bringing someone from La Paz County to suggest what services need to be cut; whether there would be a change in policy for grant funded positions wherein increases for those positions would be possible; the difference between annual and ìprogressionî raises and criteria for those progression requests. Motion was made by Supervisor Anderson to approve the payment of employee progression (promotional) pay increases for the Assessor and Probation Offices to be funded from those respective budgets. The motion was seconded by Supervisor Zaborsky, for discussion. Attorney Ekstrom advised that the two County Attorney positions, as well as the Health Department request had not been addressed. Interim Manager Skalicky clarified that the only departments that included these progression increases were the County Attorney and Assessorís Offices in this yearís budget. Discussion ensued regarding criteria within the County Attorneyís office and the Health Department for progression; availability of funds within the department to cover those costs; need to develop a progression policy; Attorney and Assessor positions being general funded; the possible confusion between progression and market and/or classification change requests; the fairness of not excluding grant and non grant departments; and concern for fragmenting the County, with Supervisor Zaborsky stating that he could not support without additional revenue to fund these issues. The following Roll Call votes were recorded: Supervisor Anderson-Yes, with the understanding that staff work with Supervisors elect regarding salaries, qualifications for general fund positions, as well as non general funded positions and justification for raises. Supervisor Zaborsky-No, because a policy needed to be put into effect to clarify the issues as to not be arbitrary, and lack of revenue to support. Chairman Johnson-No. Motion dies for lack of a majority. Supervisor Zaborsky restated his opinion, that a plan needed to be put into place for a solution regarding the need for additional revenue. In response to Officer Ma, Supervisor Zaborsky stated that, in his opinion, a policy was needed for both grant funded, and general funded positions. Chairman Johnson stated that, in his opinion, there was a need for unity among all employees in Mohave County. Supervisor Anderson called for a Point of Order advising that the Health and Attorney positions had not been addressed. There being no further discussion the meeting continued. ITEM 48: Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to authorize payment of November invoices, billing statements, and claims for Superior Court mandated services of Juror Compensation, Legal Services, and Court Costs/Investigations in the amount of $26,143.22. ITEM 49: The meeting continued with the 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. Mike McCormick, representing Gateway Acres residents, addressed the Board opposed and requested that the new Supervisors review. In response to Chairman Johnson, Director Ballard confirmed that only 18% of the Countyís cost was recouped. Mr. McCormick requested the item be continued to determine if the amendment was really needed. John Ford, representing Dolan Springs Community Council, Chloride, Meadview, and White Hills, requested continuance until Public Hearings are held in the various outlying communities for review and input. Don Van Brunt, Kingman resident, advised this had been brought forth by the Mohave County Task Force, and had been ìwatered downî and, in his opinion, was not fair to the people to pay the cost for those that are building. Mr. Van Brunt concluded with encouragement for no further review, as public meetings had been held and has been going on for five years, and the Boardís approval. A brief discussion ensued regarding the need for the increase in fees, justification, and review. There being no further public input, Chairman Johnson closed the Public Hearing. 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. 2000-444, as recommended by the Planning and Zoning Commission, with the amendment that the fees be reviewed at least every five years. ITEM 50: The meeting continued with the request to establish a County road beginning at Highway 93 and ending near the Northeast corner of Section 7, T15N, R12W, of the G.S.R.&M, to provide access to Caithness, and residents in the Wikieup area of Mohave County, Arizona. Supervisor Zaborsky advised that the Bureau of Land Management would be willing to provide an easement for the road, provided there was documentation of a definite need for the area residents to have access, and the road would provide that access. Helen Masten, Wikieup resident and co-chairman of the Big Valley Development Committee, advised that after the Arizona Department of Transportation closed the gate at mile post 128, it left no access to an elderly lady in the area, and if Caithness constructed the road (which would go to the proposed power plant), it would grant her and other seasonal residents access. Ms. Masten concluded by stating if the road was not developed, there would be no access as the prior road was not a legal dedicated road and, therefore, supported Caithnessí offer to construct a ìdecentî road, as it was almost impassable in the rainy season, and would be cheaper to maintain than to blade the road. Myron Storing, Wikieup business owner; representing Big Valley Development, advised that he was pleased to see progress, and development, and suggested that ìRopers Road, or Folly,î that no one uses as it was nearly impossible to travel and serves no good purpose, be ìgiven upî and allow Caithness to construct the road as proposed. A brief discussion ensued regarding the location of ìRopers Road.î Supervisor Zaborsky stated that, in his opinion, there was a need by the residents in the area, but the road and the Caithness project were two different issues, as the road was not approval of that project. Jimmy Carl Duncan, representing Big Valley Development, addressed the Board in favor, urging the Board to accept Caithnessí offer to construct a permanent, hard surfaced, all weather road, at no cost to the public, to provide needed access to the part-time, and full time property owners in the area. In response to Supervisor Zaborsky, members of the audience advised that the area residents opposed to the Big Sandy Power Plant project were in favor of the road. Don Van Brunt, representing Caithness, submitted a map of the route of the proposed County Highway and advised that the engineering had been done by Mohave Engineering, and the road would be built ìheavierî than the County requires, if the plant was constructed. Mr. Van Brunt advised that ADOT had closed the old mile post 128 because of a safety hazard with traffic entering onto Highway 93 caused by sight difficulties from the south. Mr. Van Brunt pointed out the locations of part-time, and full-time residents in the area, and advised that the County would be reimbursed for any and all costs, and reviewed the areas that would be paved, or constructed of native material. Mr. Van Brunt advised there were three trailers that would be moved out of the Right-of-Way by Caithness, onto their own property, as well as the construction of septic tanks, at no expense to the property owner. Mr. Van Brunt advised that Caithness was willing to build the road because it was useful even if the plant was not built, as they would not be able to dispose of the property if there was no access. There being no further public input, Chairman Johnson closed the public hearing. A brief clarification discussion ensued regarding the location of the road, and clarification that Caithness would fund the entire project. Don McClure, representing the Bureau of Land Management, explained the requirement of ìconnected actions,î and advised this was not approval of the project, but just a need for the road. Supervisor Anderson suggested that the Board adopt a resolution to accept the highway into the County system with the understanding that Caithness pay all costs, to include a statement that this did not reflect any position of the Board, and shall not be judged as a ìconnected actionî in relation to the Environmental Impact Statement (EIS) process regarding the Big Sandy Power Plant, or such language. Representative McClure stated all that was required was what the property owners and Don Van Brunt had stated regarding closing off access for part-time, and full-time residents in the area. Discussion ensued once again with the statement from Interim Manager Skalicky that the normal process was to include all information. Supervisor Anderson advised the residents in the area that if Caithness did not follow through with the road, the County would not have funds to develop the road. Interim Manager Skalicky advised that the County Highway process cannot be conditional. Mr. Van Brunt advised that as soon as the Public Works Department reviewed and approved the plan, a contractor would be able to obtain a permit to work in the Right-of-way. Supervisor Anderson noted that the Mohave County Transportation Commission had denied the request as only one criteria was met. For the publicís information, Supervisor Anderson read the Commissionís criteria for the establishment of a County Highway. Interim County Manager Skalicky advised that only one criteria needed to be met. Motion was made by Supervisor Anderson, and seconded by Supervisor Zaborsky, to adopt Board of Supervisors Resolution No. 2000-495, establishing a County Highway as stated with the condition that Caithness would fund all of the construction costs of the highway, and that adoption of the Resolution does not reflect a position that shall be judged as a ìconnected actionî with the EIS process. The motion was amended to include as part of the condition that Caithness would fund the construction, design and engineering of the Road. The following Roll Call votes were recorded: Supervisor Anderson-Yes, Supervisor Zaborsky-Yes, Chairman Johnson-No. Motion carried by majority vote. ITEM 52: Motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to approve an Intergovernmental Agreement and Amendment #1 between the Pima County Sheriffís Office and the Mohave County Sheriffís Office for reimbursement of costs incurred for participation in the HIDTA Program. ITEM 53: The meeting continued with consideration of a Cane Springs Land Exchange as requested by Legend Lands, and the Bureau of Land Management. In response to Supervisor Anderson, Director Hendrix advised that the developer has refused to ìbudgeî on the majority of items listed in his correspondence, previously approved by the Board, with the exception of providing Mohave County with Right-of-way for established roads through the area, as they believe they are development issues, and not exchange issues. Attorney Basinger advised that while the Board believed those conditions contained in the correspondence were important in any development of the project, the Board could state those did not have to be a condition of the exchange. Motion was made by Supervisor Anderson, and seconded by Supervisor Zaborsky, to support the Cane Springs Land Exchange as requested by Legend Lands, and the Bureau of Land Management, with the understanding that the letter of opposition be included in the record, but that Mohave County was flexible and it was not a ìconditionî of Mohave Countyís position. In response to Chairman Johnson, Interim Director Hendrix advised that, in his opinion, the recommendations, as outlined, were sound engineering with good basis. Attorney Basinger clarified that the motion included that Mohave County wanted the Right-of-Way that is already in process, but that the correspondence, from Public Works, would be the position of Mohave County for any development, but not a position that would be attached to the support of the exchange. The Roll Call vote was unanimously carried. ITEM 54: At the request of Chairman Johnson, motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to refer to staff for determination and status of the Indian Tribeís possible annexation of Lake Havasu, and the construction of a bridge possibility. ITEM 55: Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to approve the Settlement Agreement regarding Superior Court Case Mohave County v. United National Insurance Company, et al., CV 99-06465, to authorize the Board Chairman to sign the Settlement Agreement, and to direct that the $150,000 to be paid to Mohave County under the Settlement Agreement be paid into the SIR Trust Account. In response to Chairman Johnson, Officer Ma advised that the reimbursement to the SIR requires a Contingency account transfer. ITEM 42: The meeting continued with the comments to the Governorís Regulatory Review Council regarding ADEQís proposed rules for on-site wastewater treatment facilities. Karon Smith, Water Quality Director for the Arizona Department of Environmental Quality, advised that ADEQ did understand the concern of Mohave County that ìnitrate management,î as part of the on-site waste water permitting system, would be implemented in January, 2001, and that ADEQ is now proposing a phased implementation which would give existing subdivisions a longer period of time for compliance. Director Smith advised cut-off-dates, based on risk to ground water, will be July 1, 2001 and January 1, 2002, and, as suggested by the County Supervisors Association. Director Smith further advised that joint implementation workshops would be held, as well as tailored implementation packets for each County, and tailored implementation workshops for County staff and the public. Chuck Graft, Deputy Director of the Arizona Department of Environmental Quality, reviewed the dates for phased in implementation for new subdivisions. Considerable discussion ensued between the Board, the representatives of ADEQ, Attorney Nelson, Director Ballard, and Director Mead regarding the implementation dates; the need for possible postponement and Mohave Countyís concern that the matter goes beyond implementation; the possibility of applying for federal funding; engineering support from ADEQ; larger rural counties, Pima, Maricopa and Pinal ready to implement in early 2001; monitoring and evaluation not only of system but the program of a 515 page document received the week previous; concerns regarding streamlining ADEQ permits; no input from the Mining Community on how that would effect that area; primary concerns regarding subdivision and individual lots and existing lots, and monitoring performance standards. Motion was made by Supervisor Anderson, and seconded by Supervisor Zaborsky (for discussion), to request that GRRC postpone the adoption of the rules until the joint implementation workshops can be held statewide and that the phased implementation of those rules can be included in the adoption of the rules process. Discussion ensued between the Board, Director Mead, Karon Smith, and Jim Foster, representing ADEQ, regarding the need to support and the need for a process to monitor the rules; the need to explain process and guidelines; the need to monitor maintenance of systems; performance standards for operation and maintenance; and how it is administered differently in each Arizona County. Supervisor Anderson amended her motion to include that staff is instructed to send correspondence to the Governorí Regulatory Review Council (GRRC), advising that the Board and staff has not had time to review the final rules submitted last week, and are still hearing comment from residents and businesses, and would be submitting amended comments on December 5, 2000, along with staffís other written concerns. The following Roll Call votes were recorded: Supervisor Anderson-Yes, Supervisor Zaborsky-No, Chairman Johnson-Yes. Motion carried by majority vote. There being no further business to come before the Board this 20th 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 5:15 PM. MOHAVE COUNTY BOARD OF SUPERVISORS ____________________________________________ Buster D. Johnson, Chairman ATTEST: _____________________________________ Pat Chastain, Clerk of the Board SPECIAL MEETING PAGE  PAGE 20 NOVEMBER 20, 2000