MOHAVE COUNTY BOARD OF SUPERVISORS MOHAVE COUNTY, KINGMAN, ARIZONA REGULAR MEETING ñDECEMBER 4, 2000 The Board of Supervisors of Mohave County met in Regular Session this 4th day of December, 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; Richard A. Skalicky, P.E., Interim Mohave County Manager; Deborah Herbert, Chief Civil Deputy County Attorney; Richard Basinger, Civil Deputy County Attorney; Christine Nelson, Civil Deputy County Attorney; Christine Ballard, Planning and Zoning Director; Mike Hendrix, Acting Public Works Director; Linda Semm, Human Resource Officer; Doris Goodale, Probation Department; 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 18, 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: Supervisors Anderson and Zaborsky advised that they had nothing to report. ITEM 3: Interim Manager Skalicky advised that he had nothing to report. ITEM 4: Motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to approve the October 24, 31, and November 14, 2000, Board of Supervisors Meeting minutes as most recently drafted. Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to approve the Consent Agenda minus items 25, 34, 42, 44, 45, 46 as follows: 5. Adoption of Board of Supervisors Resolution No. 2000-464 - Rezone of a portion of the W‡ NWº of Section 4 and a portion of the E‡ NEº of Section 5, in Township 40 North, Range 15 West, from A (General), A-R (Agricultural-Residential) and R-1 (Single Family Residential) zones to C-RE (Commercial-Recreation) zone, in the Arizona Strip Area (east of County Highway 91 and north of Interstate 15, at the southeast end of Beaver Dam Drive), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission. 6. Adoption of Board of Supervisors Resolution No. 2000-465 - Rezone of the North 294.63 feet of the East 659.46 feet of the SWº SWº of Section 34, in Township 41 North, Range 15 West, from R-E/10A (Residential-Recreation/Ten Acre Minimum Lot Size) zone to R-E/1A (Residential-Recreation/One Acre Minimum Lot Size) zone, in the Arizona Strip Area (east of County Highway 91 and north of Interstate 15), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission. 7. Adoption of Board of Supervisors Resolution No. 2000-467 - Rescission of BOS Resolution No. 99-97 which approved the Zoning Use Permit on a portion of the NWº SWº of Section 4 and a portion of the NEº SEº of Section 5, lying northerly of Interstate 15 and easterly of County Highway 91 Right-of-Way lines, in Township 40 North, Range 15 West, in the Arizona Strip Area (northeast of Interstate 15 and east of County Highway 91), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission. 8. Adoption of Board of Supervisors Resolution No. 2000-468 - Recreational Vehicle Park Plan for Prospectors Rv Park, Parcels B and C, as shown on Parcel Plats Book 13, Page 86, a portion of the NEº NEº of Section 17, in Township 14 North, Range 20 West, in the Lake Havasu City Area (east of London Bridge Road and north of Chenoweth Drive), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission. 9. Adoption of Board of Supervisors Resolution No. 2000-469 - Extension Of Time For A Zoning Use Permit on Lot 4, Block 5, Mountain View Ranches, Tract 4003-A, in Section 5, Township 18 North, Range 21 West, for a residence and a Recreational Vehicle Park in an A-R (Agricultural-Residential) and C-MO (Commercial-Manufacturing/Open Lot Storage) zones, in the South Mohave Valley Area (north side of Boundary Cone Road, between Bradley Drive and Chauncey Boulevard), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission. 10. Adoption of Board of Supervisors Resolution No. 2000-470 - Extension of Time For A Zoning Use Permit on Lots 2 and 3, Block 5, Mountain View Ranches, Tract 4003-A, in Section 5, Township 18 North, Range 21 West, for a Recreational Vehicle Park in an A-R/5A (Agricultural-Residential/Five Acre Minimum Lot Size) zone, in the South Mohave Valley Area (northwest corner of Boundary Cone Road and Chauncey Boulevard), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission. 11. Adoption of Board of Supervisors Resolution No. 2000-471 - Rezone of the NEº NEº of Section 15, except for the north 885.99 feet and the 84 feet right-of-way for State Highway 95, in Township 17 North, Range 22 West, from R-1 (Single Family Residential) and C-2 (General Commercial) zones to C-2H (General Commercial Highway Frontage) zone, in the South Mohave Valley Area (on both sides of State Highway 95, approximately two-tenths (0.2) of a mile southwest of Courtwright Road), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission. Adoption of Board of Supervisors Resolution No. 2000-473 - Rezone of the NWº NEº NWº SWº and NEº NWº NWº SWº of Section 20, Township 21 North, Range 18 West, from A-R/10A (Agricultural-Residential/Ten Acre Minimum Lot Size) zone to A-R (Agricultural-Residential/One Acre Minimum Lot Size) zone, in the Golden Valley Area (east of Colorado Road and south of Diabase Drive), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission. 13. Adoption of Board of Supervisors Resolution No. 2000-474 - Rezone of Parcel 336, excepting the NWº, the NWº SWº of Section 28, Township 21 North, Range 18 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 Golden Valley Area (south of Chuar Drive and east of Verde Road), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission. 14. Adoption of Board of Supervisors Resolution No. 2000-475 - Rescission Of BOS Resolution No. 90-319 which approved the Rezone of the S‡ SEº of Section 34, in Township 21 North, Range 18 West, in the Golden Valley Area (northwest corner of Shinarump Drive and Aztec Road), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission. 15. Adoption of Board of Supervisors Resolution No. 2000-478 - Rezone of portions of Parcels 514 and 515, as shown on Record of Survey Book 2, Page 25, Stockton Hill Ranches, Unit 10, 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 (south of Calle Chavez and west of North Bank Street), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission. 16. Adoption of Board of Supervisors Resolution No. 2000-479 - Rezone of Parcel 103, excepting the southerly 1,200 feet, in Section 20, 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 Avenida Mendez and south of Calle Grandes), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission. 17. Adoption of Board of Supervisors Resolution No. 2000-480 - Rezone of the southerly 1,200 feet of Parcel 103, in Section 20, Township 23 North, Range 16 West, from A-R/10A (Agricultural-Residential/Ten Acre Minimum Lot Size) zone to A-R/9A and A-R/5A (Agricultural-Residential/Nine Acre and Five Acre Minimum Lot Size) zones, in the Mohave County General Area (east of Avenida Mendez and south of Calle Grandes), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission. 18. Adoption of Board of Supervisors Resolution No. 2000-482 - Rezone of a portion of the S‡ of Parcel 86, as shown on the Mohave County Official Records, Book 406, Page 214, 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 (east of Varallo Drive and south of Calle Cedral), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission. 19. Adoption of Board of Supervisors Resolution No. 2000-483 - Rezone of the northerly 725 feet of Parcel 89, as shown on the Mohave County Official Records Book 406, Page 207, 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 (east of Avenida Ramirez and south of Calle Cedral), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission. 20. Adoption of Board of Supervisors Resolution No. 2000-484 - Rezone of the SWº SWº of Section 28, 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 (south of Huntington Avenue and west of Painted Rock Drive), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission. 21. Adoption of Board of Supervisors Resolution No. 2000-485 - Rezone of the NWº NWº of Section 28, 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 (south of Huntington Avenue and west of Painted Rock Drive), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission. 22. Adoption of Board of Supervisors Resolution No. 2000-486 - Rezone of Lot 91, 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 (north of Calle Dimas and west of Avenida Ramirez), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission. 23. Adoption of Board of Supervisors Resolution No. 2000-487 - Rezone of Parcel 3-A, a portion of Section 11, Township 20 North, Range 14 West, from A-R/15A (Agricultural-Residential/Fifteen Acre Minimum Lot Size) zone to A-R/7A and A-R/5A (Agricultural-Residential/Seven Acre and Five Acre Minimum Lot Size) zone, in the Mohave County General Area (south of Calle Asa and west of Calle Arrieta), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission. 24. Adoption of Board of Supervisors Resolution No. 2000-488 - Zoning Use Permit on Lots 524 and 557, Lake Mohave Ranchos, Unit 14, in Section 3, Township 25 North, Range 19 West, for a secondary residence in an A-R (Agricultural-Residential) zone, in the Dolan Springs portion of the Mohave County General Area (northwest Pierce Ferry Road, between Ninth Street and Eleventh Street), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission. 26. Adoption of Board of Supervisors Resolution No. 2000-490 - Zoning Use Permit on a 200-foot by 200-foot parcel noted as ìNot a Partî, as shown on Record of Surveys Book 11, Pages 60-60D, a portion of Section 17, Township 21 North, Range 10 West, for a wireless communications facility using an existing 140-foot tower in an A-R/36A (Agricultural-Residential/Thirty-six Acre Minimum Lot Size) zone, in the Mohave County General Area (northeast of the Interstate 40/Fort Rock Exit), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission. 27. Adoption of Board of Supervisors Resolution No. 2000-491 - Amendment To BOS Resolution Nos. 93-321 And 94-438 setting forth a Zoning Use Permit on a portion of the NEº NEº of Section 28, Township 30 North, Range 17 West, for a wireless communications facility with a 190-foot tower in an A-R/36A (Agricultural-Residential/Thirty-six Acre Minimum Lot Size) zone, in the Meadview Portion of the Mohave County General Area (west of Pierce Ferry Road, south of the Fortification Drive extension), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission. 28. Adoption of Board of Supervisors Resolution No. 2000-492 - Name A Roadway, Cedar Hills Ranches, Unit 10, in the east half of Section 8, Township 21 North, Range 14 West, the proposed name being Ramer Ridge, replacing the temporary road name of ì9400 East Streetî in the Mohave County General Area (approximately two (2) miles north of Interstate 40, in line with the Blake Ranch Road exit), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission. 29. Acknowledge receipt and set for public hearing on December 18, 2000, Amendment of Section 25.C of the Mohave County Zoning Ordinance changing Maximum Permissible Density of Lot Coverage. 30. Approve the execution of Change Order 13, which sets forth the new 2001 disposal rates for the Cerbat Landfill. 31. Approve the execution of Change Order 24, which sets forth the new 2001 disposal rates for the Mohave Valley Landfill. 32. Award of Bid No. 00-B-20 ñ Mohave County Fleet Vehicles, to Ed Moses Dodge, Scottsdale, Arizona, in the amount of $85,161.63, to include extended warranty and sales tax. 33. Approval of monthly report for Procurement Activity between $10,000 and $25,000. 35. Special Event Liquor License for Lake Havasu Social Services Interagency Council Inc., to be held at the Mohave County Raceway, Lake Havasu City, Arizona, on December 9 & 10, and December 16, 2000. 36. Special Event Liquor License for Desert Twirlers of Mohave Valley, to be held at 13136 Golden Shores Parkway, Topock, Arizona, on December 15, 2000. 37. Interim and Original Liquor License application for Helen Grainger, DBA: Jerriís Pizza, 12812 Highway 66, #4, Topock, Arizona, Series No. 12. 38. Approval of Contract 952019 Amendment #2, Coronary Heart Disease, fund #234-04-5160 between the Mohave County Health and Social Services Department and the Arizona Department of Health Services, January 1, 2001 through December 31, 2001. 39. Acceptance of additional property at 470 South Acoma Blvd., Lake Havasu City, (small parking lot adjacent to the new senior center), as requested by the Health and Social Services Department, Senior Programs Division. 40. Adoption of Board of Supervisors Resolution No. 2000-497 ñ Approving the revised Administrative Plan and authorize the submission of said plan to the Department of Housing and Urban Development as required, as requested by the Community Development Department. 41. Approval of the Arizona Supreme Court Funding Agreement for Juvenile Accountability Incentive Block Grant, Mohave Detention Project, in the amount of $2,806. 43. Acceptance of resignation of William F. Irwin, as member of Mohave County Transportation Commission, Supervisorial District 3. ITEM 25: In response to Supervisor Anderson, Scott Dunton, owner, requesting a Zoning Use Permit on a parcel noted as the Transwestern Pipeline Company airstrip parcel, as shown on Record of Surveys Book 11, Pages 60-60D, a portion of Section 17, Township 21 North, Range 10 West, for a private landing strip for ranch use in an A-R/36A (Agricultural-Residential/Thirty-six Acre Minimum Lot Size) zone, in the Mohave County General Area (northeast of the Interstate 40/Fort Rock Exit), Mohave County, Arizona, advised that the airstrip was only on the North side of Fort Rock Road. 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. 2000-489, as recommended by the Mohave County Planning and Zoning Commission. ITEM 34: Motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to approve the Agreement for Temporary Use of SARA Park between Mohave County and Desert Steel Motorsports, with the condition that the track be put back, or restored, by December 20, 2000, as requested by Chairman Johnson and Director Brady. ITEM 42: In response to Supervisor Anderson, Interim Manager Skalicky advised that no specifics were given regarding Enviroc Inc. Attorney Ekstrom advised that the Board was only approving the proceedings of the Industrial Development Authority, not use of the funds. Dan Stoops, Special Council for the Industrial Development Authority, advised that the project had not changed from what the Board had previously approved, and the only change was from municipal to private financing. Interim Manager Skalicky advised that the ìlandfillî referred to within the document, was actually the ìsolid wasteî to make the product, not the collection of refuge. 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. 2000-498 - Supplemental resolution to Board of Supervisors Resolution No. 2000-422 - adopted by the Board October 2, 2000, regarding the Enviroc Inc., Project Series 2000A and 2000B, as requested by the Industrial Development Authority. ITEM 44: Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to continue to the December 18, 2000, meeting the approval of a Settlement Agreement regarding Superior Court waste tire litigation case titled Mohave County v. Maricopa County, CV 99-521, authorization for settlement payment amounts to made from waste tire fund monies and/or landfill funds, and authorization for the SIR Trust Account to be reimbursed from waste tire fund monies and/or landfill funds for the attorneyís fees and costs incurred in prosecuting the Maricopa County lawsuit and the related United States District Court lawsuit titled Mohave County v. United States Environmental Protection Agency, et al., CIV 99-1329 PCT RGS. ITEM 45: Motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to continue to the December 18, 2000, meeting, the approval of a Letter Agreement between Griffith Energy LLC and Mohave County regarding the Countyís storage of spare parts for the I-40 Industrial Corridor Water System in Griffithís warehouse at Griffithís Plant Site in the I-40 Industrial Corridor. ITEM 46: The meeting continued with the BOARD OF SUPERVISORS SITTING AS THE BOARD OF DIRECTORS OF THE GOLDEN VALLEY COUNTY IMPROVEMENT DISTRICT NO. 1: Motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to enter into a limited contract with Sunrise Engineering, Inc., for Petition Phase, Design Phase, and Administration Phase for the project Phase IV water line extensions, as this was ìdesignî only with Mohave County Public Works doing the management. ITEM 47: Laurie Brown, Scenic area resident, addressed the Board opposed to the Zoning Use Permit on the NEº SWº NWº of Section 21, in Township 39 North, Range 16 West, for a dog kennel in an A-R (Agricultural-Residential) zone, in the Arizona Strip Area (approximately one-quarter of a mile south of Elbow Canyon Road, between Western Avenue and Littlefield Drive), Mohave County, Arizona, because of the noise from barking dogs, disposal of waste from 190 dogs, additional traffic on the road, and devaluation of neighboring property. Jay and Kim MacEachern, applicant, addressed the Board in support as the size of the kennel had been reduced by 70% from the original request, and would be enclosed in a sound proof structure, and had twelve statements endorsing the project. In response to Supervisor Anderson, the applicants advised that the kennel would have a ìstate of the artî kennel system for the removal of waste, and the purpose was for ìboarding onlyî of a maximum of 50 to 60 dogs. A brief discussion ensued regarding the number of complaints and location of that property. Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to refer the matter back to the Planning and Zoning Commission, as the Commission had denied the original Zoning Use Permit, but not the revised request, and that all interested parties be notified. ITEM 48: Motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to adopt Resolution No. 2000-472 ñ Denying the Rezone of the North 132.28 feet of the W‡ of Lot 12, Le Clair Acres, in Section 15, Township 19 North, Range 22 West, from R-M (Multiple-Residential) zone to C-MO (Commercial-Manufacturing/Open Lot Storage) zone, in the South Mohave Valley Area (east side of Cavalry Road, approximately 700 feet south of Valencia Road), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. ITEM 49: Motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to adopt Resolution No. 2000-476 - Abandonment of a 60-foot Roadway and Utility Easement along the northern portion 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, in the Mohave County General Area (southeast of Lazy Y-U Drive and north of Saddle Tree Drive), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. ITEM 50: Supervisor Anderson advised that correspondence had been received, from Edward OíBoyle, noting objection to five parcels, but did not object to two parcels regarding the request for a Rezone of Parcel 61, Lazy Y-U Ranch, Phase 2, in Section 4, Township 20 North, Range 16 West, from A-R/36A (Agricultural-Residential/Thirty-six Acre Minimum Lot Size) zone to A-R/6A and A-R/5A (Agricultural-Residential/Six Acre and Five Acre Minimum Lot Size) zones, in the Mohave County General Area (southwest of Hualapai Mountain Road and west of Lazy Y-U Drive), Mohave County, Arizona. Motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to adopt Resolution No. 2000-477, as recommended by the Planning and Zoning Commission. ITEM 51: Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to adopt Resolution No. 2000-481 - Rezone of Parcel 90, excepting the east 242.5 feet and the west 242.5 feet thereof, as shown on the Mohave County Official Records Book 406, Page 207, a portion of Sections 18 and 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 Avenida Ramirez and south of Calle Cedral), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. ITEM 52: Attorney Nelson briefly addressed ADEQís proposed Unified Water Quality Permit Rules based on review of final rules submitted by ADEQ to GRRC. Supervisor Zaborsky voiced concern regarding the different answers received from ADEQ; and how lots under one acre would be affected; 21 alternative systems and who would determine which system was best for the area, and, therefore, agreed with C.S.A. to oppose and hold off implementation for one year. Motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to continue opposition of implementation of rules effective January 1, 2001, as Mohave County is opposed to rules without guidelines being written prior to rules going into effect; that Mohave County is working on a plan that would establish guidelines on how the process would work; and that staff include a statement that Mohave County desires the Governorís Regulatory Review Council (GRRC) review statutory requirements regarding the proposed rule as it was not clear, concise, or understandable, and that the economic, small business, and consumer impact statement is not complete, nor generally accurate. ITEM 53: Robert Holsinger and Rusty Bichsel, Golden Valley residents, addressed the Board opposed to ordering and calling 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, which includes roadway improvements and construction. They stated that it was an extra tax burden on the lower income resident, and should be left to the next Board to decide. A brief discussion ensued between resident Bichsel and Supervisor Zaborsky regarding how the question would be placed on the ballot, payment for the election by the Secretary of Stateís office, and consideration only of the Transportation Commissionís recommendations regarding which roads would receive funding. Attorney Herbert reviewed statutes regarding when the election could be held. Supervisor Anderson advised that, in her opinion, the Board needed to decide whether to call for the election, continue, establish a rate, and whether to include a ìsunsetîclause. In response to Supervisor Zaborsky, Attorney Herbert advised that, in her opinion, it would not be appropriate for a future Board to vote to discontinue the tax, since this is to be voted on by the voters, and there are only three other counties that have a transportation tax. Mr. Bichsel requested that the new Board meet with the residents regarding what the transportation tax would be used for. Chairman Johnson advised that, while the Transportation Commission had done what they were ìchargedî to do, in his opinion, the residents of the County had just voted down any tax increases. Motion was made by Supervisor Anderson, and seconded by Supervisor Zaborsky, to call for a countywide special election for March 13, 2001, for a half cent rate for 20 years. At the request of Attorney Basinger, a substitute motion was made by Supervisor Anderson, and seconded by Supervisor Zaborsky, to adopt Board of Supervisors Resolution No. 2000- 496 calling for a countywide special election for March 13, 2001, for a half cent rate for 20 years. The following Roll Call votes were recorded: Supervisor Anderson-Yes, Supervisor Zaborsky-Yes, Chairman Johnson-No. The motion carried by majority vote. The Chairman called for a recess at 11:26 AM and the meeting was reconvened at 11:42 AM. ITEM 54: Discussion ensued between the Board regarding the process for hiring a new County Manager, with Human Resource Officer Semm advising that there was $11,000 within the County Managerís budget for this purpose. It was the consensus of the Board to move forward in-house, without incurring costs, and defer the issue to the Board after January 2001. ITEM 55: Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to continue to a future Board meeting the approval of liability insurance limits of $7 million when fireworks are displayed on County property within the incorporated areas of Kingman, Lake Havasu City, and Bullhead City; or within 35 miles of the incorporated cities of Kingman, Lake Havasu City, and Bullhead City; or when the display is expected to draw 150 or more spectators; and when the display is conducted anywhere else within the County, the limits would be $2 million per occurrence and $3 million aggregate. ITEM 56: Motion was made by Supervisor Zaborsky, and seconded by Supervisor Anderson, to reconsider the Countyís assessment for the new County Supervisors Association Building. In response to Chairman Johnson, Attorney Ekstrom advised that, in his opinion, considering the time that had lapsed since this was considered by the Board, he considered this a new item and, therefore, a motion to re-consider was not necessary. The motion and second were, therefore, withdrawn, and discussion ensued whether to support the request, with Chairman Johnson opposed. Motion was made by Supervisor Anderson, and seconded by Supervisor Zaborsky, to approve the payment of the Countyís assessment for the new County Supervisors Association Building in the amount of $53,666 from a Contingency Account transfer. The following Roll Call votes were recorded: Supervisor Anderson-Yes, Supervisor Zaborsky-Yes, Chairman Johnson-No. Motion carried by majority vote. ITEM 57: Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to continue until ready: 1) Enter into an agreement with Potter & Associates, Inc., St. George, Utah for appraisal services; 2) Approve $1,000,000 Letter of Credit provided by Mesquite State Bank; 3) Approve Change Order #1 to the Bulloch Bros. Engineering, Inc., Mesquite, Nevada, contract; 4) Approve Plans and Specifications for road and bridge improvements; 5) Adoption of Scenic Improvement District Resolution No. 2000-01 - Intention and Notice of Proposed Improvements; 6) Adoption of Scenic Improvement District Resolution No. 2000-02 - Authorizing the County Attorney to proceed with eminent domain proceedings for road Right-of-Way; 7) Set a Public Hearing on January 8, 2001, for the proposed Bridge and Road Project, as requested by Interim County Manager Skalicky. ITEM 58: Discussion ensued regarding juror compensation, with Frank Gonzalez, Mohave County resident and member of the media, clarifying the need for additional prospective jurors and the screening process. Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to authorize the 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 $14,146.75, with the understanding that staff provide additional information and/or statistics regarding the selection of jurors. Chairman Johnson declared the meeting in recess at 12:15 PM and the meeting was reconvened at 1:42 PM. ITEM 59: Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to reconsider the purchase and installation of an electronic voting board for the Board of Supervisors and Commissions. A discussion ensued regarding the cost value versus actual costs. Motion was made by Supervisor Anderson, and seconded by Supervisor Zaborsky, to direct staff to research the possibility and cost to purchase, or manufacture, and install an electronic voting board for the Board of Supervisors and Commissions. The following Roll Call votes were recorded: Supervisor Anderson-Yes, Supervisor Zaborsky-Yes, Chairman Johnson-No. Motion carried by majority vote. ITEM 60: Doris Goodale, Assistant Chief Adult Probation Officer, gave a brief background regarding that departmentís request for an Intergovernmental Agreement between Mohave County and the City of Kingman to provide Adult Probation services to Kingman Municipal Court. Officer Goodale concluded by stating that this was a ìpilotî program and would have no impact to the General Fund or require any new personnel. Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to approve the IGA as stated. Motion was made by Supervisor Anderson, and seconded by Supervisor Zaborsky and the following Roll Call votes were recorded: Supervisor Anderson-Yes, Supervisor Zaborsky-Yes, Chairman Johnson-No, to approve items 61 through 63 as follows: ITEM 61: Approval of Agreement for Indigent Defense Services between Kenneth L. Sondgeroth, P.C., and Mohave County to handle Bullhead City Justice Court cases. ITEM 62: Approval of Agreement for Indigent Defense Services between Kenneth L. Sondgeroth, P.C., and Mohave County to handle Public Defender Overflow cases, and to authorize the County Manager to execute the agreement. ITEM 63: Approval of Agreement for Indigent Defense Services between Michael J. Hruby and Mohave County to handle Public Defender Overflow cases, and to authorize the County Manager to execute the agreement. ITEM 64: Motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to approve the Agreement for Indigent Defense Services between Eric Devany and Mohave County, and to authorize the County Manager to execute the agreement. ITEM 66: A brief debate ensued between the Board members regarding the need for video taping of meetings by the Chairman, and the location of video taping equipment. In response to Supervisor Zaborsky, Earl Hamlin, Gameover Productions, (video taping service), advised that he would ìset upî anywhere within the room. Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried for Gameover Productions to work with the County Manager to place the video taping equipment for Board of Supervisors meetings to allow the best tape possible. ITEM 67: Supervisor Zaborsky noted that correspondence had been received from Glenn Grint, Mohave County Park Event Coordinator, and, therefore, was concerned regarding the publicís perception of the County having rules for employees, and that it had not been the Boardís intent that Supervisor Johnson be in charge of the SARA Park Racewayís food and beer concessions. Alan MacIsaac, Lake Havasu City resident, questioned where ìtipsî from the concession stand had gone since Supervisor Johnson and his crew were responsible for the beer concession. Chuck Vinatieri, Lake Havasu City resident, voiced support of the racetrack regardless of who was running it. Charles Bresanson, Lake Havasu City resident, voiced support in keeping the racetrack open and stated that, in his opinion, Mr. Grint had done a lot for the racetrack and presented a document that had 270 signatures in support of the track as well. In response to Chairman Johnson, Mr. Bresanson advised that if the track stayed ìdormant,î it would be disastrous. Supervisor Anderson noted that, in her opinion, the Board was not trying to do ìawayî with the racetrack, but was trying to assure that it was a ìgood, creditableî run operation, and something to be proud of. In response to Supervisor Zaborsky, Mr. Bresanson advised that, in his opinion, there should be a Spring and Fall race season and should open in February, 2001. Chairman Johnson noted that, in his opinion, schedules should be set by mid January. Supervisor Zaborsky advised that while he understood Lake Havasu City was interested in SARA Park, they would contract out the running of the raceway to a private outside contractor, with Mr. Bresnason confirming that Lake Havasu Councilman Steve Greeley had confirmed Supervisor Zaborskyís statement. Gina Vinatieri and Becky Mohr, Lake Havasu City residents, voiced support of the racetrack whoever runs it, and stated that the families that use it would be willing to help. Supervisor Zaborsky suggested that those who were interested should put together a non-profit organization (like the Fair Commission that runs the Fairgrounds) and run the racetrack whether it be under the County, or the City. Joe Tamberella, Golden Valley resident, advised that he understood Debra Brown had been terminated as a staff member at SARA Park and was not paid and, therefore, felt concern regarding management and ìcash control.î Supervisor Zaborsky noted that Mohave County records indicate that Debra Brown was paid. Chairman Johnson gave a history regarding how the opening of the racetrack at SARA Park had come about, and that Glenn Grint had been brought to him and was hired. Chairman Johnson clarified that he was not in charge of funds for the concessions at the race track working only as ìhired helpî doing whatever needed to be done, but that he had opened the ìbeer gardenî receiving cash from Mr. Grint. Chairman Johnson concluded that the reason he and his staff were involved was because of the enjoyment of the families and participants, and he believed it could succeed. In response to Chairman Johnson, Attorney Herbert advised that she had attended two races and had not seen Chairman Johnson involved with funds. A brief discussion ensued between the Chairman, the Interim County Manager, and Director Brady regarding the time-line of when Mr. Grint was hired. Supervisor Zaborsky requested that Mr. Grintís letter be read into the record as follows: ìThis document contains my letter of resignation, accounts of operations at SARA Park and recommendations for further operation. Effective December 10, 2000, I resign as Mohave County Park Event Coordinator. I will finish the 2000 race series and finalize Mohave County Raceway to Tom Bradyís satisfaction. In May of 2000, Supervisor Johnson and associates were searching for a multi-event coordinator to operate the racetrack at SARA Park. They found me and offered complete operational control of the track. It was presented to me that the track would become a County Department and I would be the Department Head. Salary presented was $40,000/year with an incentive program in 2001. I was to receive full County benefits, and the security of government employment. To open on Labor Day weekend, I advised June 1, 2000, would need to be my hire date. I was assured many times by Johnson and his staff ëwe get the park Ö. You got the jobí We (my wife and I) sold our house in Phoenix and relocated to Havasu where we joined the battle for SARA Park under Johnsonís direction. Had we known what was ahead, we would have never considered this endeavor.î In response to Supervisor Zaborsky, Mr. Grint advised that he had moved from Phoenix on the 24th, 25th, or 26th of May, 2000. Supervisor Zaborsky continued with Mr. Grintís letter: ìThe first step we (my wife and I) took was attaining signatures on a petition to keep SARA within the County. These forms were photo copied and shuffled by Johnsonís office to give an appearance of a greater number. There were actually one, 2-3 hundred signatures.î Supervisor Zaborsky advised that he recalled there were 6-7 hundred signatures but that no one recalls where the originals were. Supervisor Zaborsky continued with Mr. Grintís letter: ìThe majority of the phone calls received by Supervisors Zaborsky and Andersonís offices were also false. Although a few local racers called, the majority were friends and associates that had never seen SARA Park. In a July 2000, Board of Supervisors meeting, Lisa Perrone gave a speech that was damaging to Lake Havasu City Councilís efforts to attain and improve SARA Park. That young lady is actually Lisa Marie Grint (my wife), signed in under her maiden name. The speech was written by me with information provided by Supervisor Johnsonís office. The speech was planned and rehearsed. We had been here a little over two weeks, and had no clue about the items approached in that speech. In response to Supervisor Zaborsky, Mr. Grint confirmed that Supervisor Johnson had previously met Lisa Grint so he was aware of who she was, and he let the other two Board members, Supervisors Anderson and Zaborsky, think that she was just an interested resident of Lake Havasu City. Supervisor Zaborsky continued with Mr. Grintís letter: ìI only know of four letters to the editor that were actually written by the signed author. The rest were generated by myself and Johnsonís office. However, it was explained to me then, and again recently, that this is a common practice of our areaís politics. On the same note, the Today News Herald web poll that showed 1,374 respondents, 68% in favor of County retention, was also manipulated. When Johnsonís office started voting repeatedly, the pole was at 300 plus respondents: 48% in favor of city, 22% for County, and 30% in favor of an IGA.î Supervisor Zaborsky advised that, in his opinion, the web site count could be verified, while Supervisor Johnson denies that it happened. Supervisor Zaborsky continued with Mr. Grintís letter: I was hired on August 7 with reservations from Zaborsky and Anderson. I was hired as a temporary employee with no benefits or security originally offered. Although Mohave County retained SARA Park, Lake Havasu City actually won the SARA Park battle. The people were lied to, and itís now time to set the record straight. The web pole, County favored letters, and the petitions were all manipulated. The city little leagueís 450 signatures were accurate and legitimate. Supervisor Zaborsky advised that, in his opinion, it was not the Boardís intent to close the racetrack. Supervisor Zaborsky continued with Mr. Grintís letter: ìOn my hire date of August 7, I stood before the B.O.S. and accepted their request that I report back after each race and once a month on progress. The incentive plan had gone away, the benefits went away, and job security shortly followed. I was a County temporary, my direct supervisor was Tom Brady. Johnson and his staff quickly change ëwe get the park Öyou get the trackí to ëmake this work Ö then youíll get the rest of the package.í Shortly after day one of renovations, operations control followed the rest of the benefits out the window. On several different occasions and issues, both myself and Tom Brady were over-ridden by Supervisor Johnson. There was absolutely no chain of command whatsoever.î Supervisor Zaborsky advised that, in his opinion, the Board did not intend for Supervisor Johnson to ìover rideî that operation. In response to Chairman Johnson, Mr. Grint advised that, in his opinion, one argument was over the accountability of funds for the beer garden. Supervisor Zaborsky continued with Mr. Grintís letter: ìAfter opening night, I asked what time I should be in Kingman for the next B.O.S. meeting, and how should I format my report? I never attended another B.O.S. meeting at Supervisor Johnsonís request. I attended, and took part in the November 6, 2000, B.O.S. meeting on my own. After the opening night failure of the Food/Beverage department, I found a local Food/Beverage manager and started to hire her. Apparently Buster did too. Without notifying the B.O.S., the County Manager, Personnel, Tom Brady, or even me, Buster turned Mohave County Racing Food/Beverage over to the brother of his assistant. Although Anthony Tusa performs all the non-event duties, we pay his wife. The entire family, and Johnsonís assistants, staff both the Beer Garden and Food Shack. My hire and Johnsonís hire almost showed up together. The Tusas were in place four days before Brady and I knew about it. I no longer had any control, or even knowledge of: inventory, expenses, and revenue. We are only allowed the information they offer. Most of the Food/Beverage expenses are taken care of with Johnsonís credit card, money is counted, tickets are sorted, and nightly balance is done in the Beer Garden and Food shack, with no one present. After the October 21st race, Lisa went to count concession revenue. Food and Beverage money had been counted alone by a solitary person since opening night. Frustrated with this, Lisa demanded it be counted by multiple staff in the track office within accountability guidelines. The Tusas and Busterís staff stand on the premise they are checking their work. Supervisor Zaborsky advised that, while he did not feel that anything done was inappropriate, it was a matter of ìpublic perception.î Supervisor Zaborsky continued with Mr. Grintís letter: ìTina Dawson and other Mohave County Racing staff have made reports of ëwalked-iní product in Food and Beverage, Food and Beverage proving their ëown-bank,í and food orders that are not written to a ticket. The money and receipts are solitarily counted before being brought to the office. Lisa now refuses to sign drop envelopes from Food and Beverage. The entire accountability system for the track was my responsibility and my submission to the B.O.S. Now with no knowledge of expenses, staffing, or income ÖIím responsible for the outcome, No Thanks! Supervisor Zaborsky advised that on the preceding Saturday night, procedure was done with County staff verifying after it had been counted, and verified by the concession stand, and then given to County staff and on Sunday night the count was verified with someone present. Supervisor Zaborsky continued with Mr. Grintís letter: ìAfter these points surfaced, Supervisor Johnson shut down communication with me. We have not met in over a month, despite many attempts by myself and my peers for Buster and I to ëget back on the same page.í Supervisor Zaborsky stated that, in his opinion, it was quite difficult to run an operation when no one was talking with the other, and that Supervisor Johnson should not have gotten himself so personally involved in that situation. Chairman Johnson stated that he felt strongly about Mohave County, and the racetrack; and when there was no one stepping in, he felt he needed to. Supervisor Zaborsky continued with Mr. Grintís letter: The track budget submitted allowed for $8,000 in signage sales.î Supervisor Zaborsky noted that the project began with a revenue projection of $14,000 from advertising, and the last report showed a revenue of only $2,400. Supervisor Zaborsky continued with Mr. Grintís letter: ìAfter settling into the park, I sold a sign for $2,000 to Bradley Ford/Chevy; and sponsorship to Budweiser (Northwest Distributing) for $4,000. The Bradley purchase went smooth. As far as Northwest goes, Gary Shilosky and I had negotiations almost finalized when Supervisor Johnson stepped into negotiations. I was busy with the track and Shilosky was busy with the Jet ski world finals. Apparently our time frame was not good enough for Supervisor Johnson. He came out with an associate and tore down all Budweiser banners, flags, and promotional items Budweiser had provided for the good of the Park. It was a Friday before a race and he instructed me to remove EVERY sign not paid for. I was in negotiations for renewal with many at the time. Buster said there was no more time Örip them down! I didnít grab a crowbar and embark on ten hours of work that I didnít have time for. I jumped in a six yard front-end loader, removal took twenty minutes and there is now a large pile of debris that needs removed. With the $4,000 from Northwest, $2,000 from Bradley, and the remaining signs (Crazy Frames $600, Scarmado $400, Meahle $400, Accurate Auto $400, Council elects $236) I made that $8,000 projection. However, the $4,000 from Northwest not happening took me back to the halfway point. Incidentally, the last report on November 6th showed the track $4,700 in debt. I deposited $14,753 the day after that report. Iíd like to commend the Mohave County staff for their efforts. I donít know government, they donít know racing. Itís frustrating, but we found a language we can both speak in. However, when Johnson changes something without telling anyone, we all exceed our individual frustration limits. Itís been a learning experience for all, but racing and government WILL NOT MIX. As far as Mohave County operating Mohave County Racing Ö.It wonít happen. A few racers are loyal to me, few are refusing to race for government. The remainder refuse to spend money to watch another promoter learn government. Thank you for this opportunity and experience. Itís been a heck of a ride. Itís also been an honor and privilege to work with all the people that comprise Mohave County and Mohave County Raceway. Iím positive all operational key players will agree... racing and government will not mix. However, neither entity is at fault. They are just too different operationally. Recommendations: Release the Park to the LHC Council. They have the funds to improve it and they won the support to have it fair and square, no matter what happens, lease the race track. Government and racing wonít work. The MCR race event staff is one of the finest Iíve known, especially the Board of Directors Ö. Listen to them, they built the track. Pay for shows (Monster trucks, ARCA, spec-trucks, USAC, etcÖ.) mix it up, SARA Park can operate every weekend Ö. Just not with local racing. No movie theatre shows the same movie over and over Ö but they are open every day. Unless there are any objections I will finish the race series, get DSM through their first event and close the Park to Tom Bradyís satisfaction. Iím exercising the best political lesson Iíve learned Ötell the truth! Politics is representation of the publicís needs, not the manipulation or creation of the publicís wants.î Supervisor Zaborsky concluded by stating that, in his opinion, Mohave County should never have been placed in that situation and would have been further along if, in May or June, the County had approached Lake Havasu City, and told them the County wanted to have a race season, and was willing to work with them for the transfer of SARA Park, as Lake Havasu City has the needed funding to make recreational improvements to that Park. Mr. Grint related difficulty in obtaining sponsors for signs and that while there are volunteers willing to work, most were in disagreement with one another and with him. Chairman Johnson requested an Executive Session with the County Attorney to review what allegations he could, or could not respond to. A brief discussion ensued between the Board and Attorney Herbert regarding what could and could not be discussed in public, and in Executive Session. Supervisor Zaborsky questioned whether those who worked, and were paid by Mohave County, were County employees as he was unclear why the employment of relatives had not been brought to the Board for approval. Attorney Herbert advised those approvals by the Board are for only Regular full time employees, that are subject to Merit rules and not for temporary employees. Supervisor Zaborsky advised that, in his opinion, the Tusa family, who are relatives of Marisa Bopp, Administrative Assistant for Chairman Johnson, who were hired to work at SARA Park, should have been approved by the Board. Supervisor Zaborsky questioned the payment of funds to Anthony Tusaís wife because he was under disability and could not be paid and, therefore, he volunteered and she was paid and, in his opinion, this was illegal. Supervisor Zaborsky also questioned the amount of funds paid to Mrs. Tusa. Chairman Johnson requested that an Executive Session be held. Joe Tamberella, Golden Valley resident, advised that, in his opinion, the payment of $200 a night for concession was a ìscandalî and suggested that Chairman Johnson answer or resign. Joan and Richard OíConner, Golden Valley residents, advised that the Golden Valley residents had no entertainment, but had prisons and power plants, and the need for someone to look into what had transpired. Charles Bresanson, Lake Havasu City resident, advised that while he had nothing against who runs the racetrack, Chairman Johnson had gotten involved by running the beer garden. Chairman Johnson stated that he was not running the beer garden, was not in charge of it or ordering, but only stepped in when help was needed, as an unpaid volunteer. Mr. Bresanson stated that, in his opinion, SARA Park should be turned over to Lake Havasu City. Marisa Bopp, Administrative Assistant to Chairman Johnson, stated that she, as well as Chairman Johnson, had attended the first race event at SARA Park and had no intention of working, only to assist, if needed. Assistant Bopp advised that Chairman Johnsonís involvement with the beer garden was because of the lack of supplies, etc., as patrons placed blame on him and it was apparent that night, and after, there was no one in control of ìthingsî behind the scenes, as Mr. Grint was just ìgoodî at announcing. Assistant Bopp advised that, in her opinion, Chairman Johnson had stepped in for the people of Lake Havasu City and that because of her family restaurant experience, they ìstepped inî as there was ìpressureî from the Board for the race season to go well. Motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the roll call vote was unanimously carried to adjourn to Executive Session at 3:31 PM, and the meeting was reconvened at 3:46 PM. ITEM 67: Discussion ensued once again regarding SARA Park Raceway. Dick Jernigan, Lake Havasu City resident, questioned Supervisor Zaborsky regarding any meetings with Mr. Grint, with Supervisor Zaborsky confirming that he had met with several Lake Havasu City Councilmen regarding SARA Park, with Supervisor Zaborsky denying any vendetta against Chairman Johnson. A brief debate ensued between Supervisor Zaborsky and Mr. Jernigan regarding how best SARA Park would be served with regard to retention of SARA Park under Mohave County versus under Lake Havasu City, and the funds required to maintain a Park system. Chairman Johnson read correspondence from Laura Tusa regarding what had transpired during the first race held at SARA Park; and complaints she had heard regarding slow and rude service; and when her family took over the food concession no complaints were received, and revenue increased. Ms. Tusa stated she took exception to allegations made by Mr. Grint and his wife about her husband, and without the hard work of the volunteers, the race track would not have opened due to the lack of Mr. Grintís organizational skills. Ms. Tusa concluded with a request that SARA Park not be transferred to Lake Havasu City. Motion was made by Supervisor Zaborsky, and seconded by Supervisor Anderson, to ìstay outî of the running of the SARA Park Raceway, and that if Mohave County retains SARA Park, that an outside contractor be utilized. The following Roll Call votes were recorded: Supervisor Anderson-Yes, Supervisor Zaborsky-Yes, Chairman Johnson-No. Motion carried by majority vote. ITEM 68: Update from the County Attorney on SARA Park negotiations with Lake Havasu City. The following motion was made by Supervisor Zaborsky, and seconded by Supervisor Anderson, that if an affirmative answer from Lake Havasu City Council is received, if the Council want SARA Park, Mohave County should relinquish the BLM lease, and do whatever is necessary to transfer the lease to Lake Havasu City. In response to Chairman Johnson, Attorney Ekstrom advised that Lake Havasu City wanted to wait until after the election, in which new council members would be elected, before responding to the Countyís offer. Attorney Ekstrom advised that apparently Lake Havasu City was not interested in a co-management agreement, and wanted an ìall or nothing.î John Collins, Kingman area resident, stated that, in his opinion, Lake Havasu City would not allow races, and was not interested in allowing the County to have any control of the Park, and the City would not allow any four wheel races to take place without permission of the City Council, and any event would be required to bring in revenue. Mr. Collins concluded by stating that, in his opinion, Mohave County did have a responsibility to provide a recreational area to its citizens and, therefore, requested that the Board delay a decision until the new Lake Havasu Councilmen, and the new Board of Supervisors could discuss the issue. The following Roll Call votes were recorded: Supervisor Anderson-Yes, Supervisor Zaborsky-Yes, Chairman Johnson-No. Motion carried by majority vote. ITEM 65: Supervisor Zaborsky advised that he had concerns regarding the Board of Supervisors Budgets and in particular the budget of Supervisor District 3, Buster Johnson. Supervisor Zaborsky noted that, in his opinion, there was a big difference between the other Supervisor districts regarding salaries and staff, noting that Chairman Johnson has an Administrative Assistant, (salary larger than the other members), another full time employee, with another FTE in the budget, as well as expensive ads for boat races, joining Chambers of Commerce, lunches. Motion was made by Supervisor Zaborsky that any expenses that any Board member is going to submit for reimbursement be placed on the Consent Agenda for public record, and that a majority vote of the Board is needed for approval whether it is a budget item or not, and if the expenditure is ìwayî out side of what is reasonable, it should be brought to the Boards attention prior to the expenditure, otherwise the Board member will be personally responsible. A brief discussion ensued regarding the use of a County vehicle traveling out of State other than adjacent states or ìroutine.î A substitute amendment was made by Supervisor Anderson that receipts for all County expenses, including credit cards and out of pocket reimbursement must have actual receipts; and if there was an ìunusualî vehicle trip, in which a County vehicle was taken out of State, that it be brought to the Board of Supervisors. At the request of Finance Officer Ma, it was clarified that the motion included only the Board members, and that if the due date of a credit card payment did not fall timely, the interest, or penalty, would need to be made through a payroll deduction. In response to Supervisor Anderson, Financial Officer Ma advised that employees are paid for training and meetings, as opposed to ìgrayî areas for travel expenses submitted by the Board, at times. In response to Chairman Johnson, Finance Officer Ma advised that he had not felt ìthreatenedî by the Board, or anyone else, when questioning a request for payment or claim. In response to Chairman Johnson, Attorney Ekstrom advised that his office has reviewed inquiries regarding all Board membersí expenses over the past four years. In response to Supervisor Anderson, Financial Officer Ma advised that the policy was not quite consistent with the employee policy as ìbusiness relatedî expense were not spelled out as completely as with employees. Supervisor Zaborsky advised that, in his opinion, cellular telephones should include the entire bill. Chairman Johnson read the following statement into the record: ìRecent news reports regarding SARA Park raceway should not be viewed in the context of just one more isolated incident of controversy, but rather appears to me to be part of an ongoing campaign that has been orchestrated by one person. I personally believe that at the present time this county has a number of serious issues that are going to be confronting the new board, and we should be preparing to address those issues and trying to at least set a climate for a new board to work in a spirit of cooperation. There has been a recurring theme that has been pursued time and again, and it suggests to me that the issue to Mr. Zaborsky isnít really about SARA park, itís about something else; something that he himself has referred to as ìpay backî. I would think Mr. Zaborsky would be sensitive to wild accusations due the history in his own family. I know that Mr. Zaborsky has been frustrated since the major policy decisions of this county have been taken off the golf links with the departure of Mr. McIntosh, but I had no idea that his desire for payback would reach this level. I could cite numerous examples of what the county has gotten as a result of the two years or so that Mr. Zaborsky attempted to run the county from the seat of a golf cart in partnership with his golfing buddy. For example, it is a great irony to me that the time spent on the SARA Park issue is more time than was spent on the unnecessary ‡ million dollars on moving the Kingman-Cerbat Justice Courts, the Premier health care issue that costs us $400,000, the pork barrel targeting of $108,000 general fund money for the Kingman and Bullhead City senior centers when community development block grant money could have been used, thus freeing up money that could have fixed the leaking roofs of our assessor and treasurers offices. Mr. Zaborsky has eaten up more of this boardís time addressing this SARA park vendetta than the board spent looking at the spending of $800,000 for raises that could not be covered in this yearís budget which forced a cut of 12% in all departments with more likely to come. The most significant aspect of Mr. Zaborskyís legacy over nearly four years will be the serious financial issues that the new board will have to address to put the county on a secure financial footing. Misspent time on Mr. Zaborskyís personal agenda does not serve the Board of Supervisors well in trying to prepare for the financial reckoning that must be dealt with by the next board. Mr. Zaborsky made the statement not long ago that I should spend less time at the Mohave County Raceway and more time worrying about being a Supervisor. I suggest that if Mr. Zaborsky had spent as much time and effort delving into the facts about the Premier Healthcare situation the county could have avoided an embarrassing and costly fiasco. If Mr. Zaborsky had adopted a standard of fiscal accountability to the voters in the selection of an architect for the county complex, up to one million dollars of taxpayerís money would not have been squandered. Most recently, Mr. Zaborsky has shown his willingness to squander even more taxpayer money, in his desire to payback, by wasting $300 of taxpayerís money at every single board meeting to duplicate a taping service that has been provided by my office staff for every board meeting and every board member for the cost of the tape. The kind of juvenile tantrum that best reflects Mr. Zaborskyís use of county assets as his personal plaything was his attempt to turn the District II Ford Expedition over to the Sheriffs Department to spite a former Republican rival who defeated his hand-selected heir apparent in the Republican Primary Election. And now, we have Mr. Grint, who conveniently has been in meetings with Mr. Zaborsky over the past week in futherance of the anti-SARA Park campaign that Mr. Zaborsky has been waging. Mr. Grint makes all kinds of wild allegations that I believe to have been concocted and inspired by Mr. Zaborsky. FACT: I encouraged Mr. Grint and everyone else I know to make sure and vote in the on-line poll regarding SARA Park that was conducted by the Lake Havasu newspaper. At no time did I suggest to Mr. Grint or anyone else that they stuff the e-mail ballot box nor was I aware of him undertaking such efforts until I read his letter. FACT: Yes, my office provided information to Mr. Grint regarding issues involving SARA Park; nor have I every made it a secret that I believed that SARA Park should remain as part of an integrated county park system that included different amenities and a mix of recreational opportunities near all three major cities. In providing Mr. Grint with the facts that supported our policy determination that SARA Park could be a source of revenue to offset park costs throughout the county by making use of the Raceway, I fail to see how the people of Mohave County were deceived. Mr. Grint informed me that he had encountered a strong current of support from people in the community that wanted the park to remain part of the county system. At no time did he suggest to me that he had ever falsified or inflated those numbers. Ultimately, I do not believe that the public support expressed for keeping SARA Park under the county system was inflated. What I do believe is that Mr. Grintís effectiveness as a track announcer was not enough to carry out the goals for which he had expressed such optimism. This would not be the first time when someone who is over their head starts thrashing about as if drowning in looking to assign blame for failure elsewhere. What we do know about Mr. Grintís dramatic statement is that it follows a series of discussions and meetings with Mr. Zaborsky, and we know that Mr. Zaborskyís familiarity with the contents of that letter were presented on a Laughlin cable channel by Mr. Zaborsky before any of the Lake Havasu City media had obtained a copy of Mr. Grintís disgruntled letter of resignation, which is really an attempt to deflect attention from his own failings. We also know that many of the bogus claims cited by Grint/Zaborsky are a rehashing of wild political attacks made in the final desperate days of campaigning by my recent election opponent. I can only conclude that Mr. Zaborsky has sunk to this level in his desire to disrupt the countyís park system. At the same time, Mr. Grint sought to cast a cloud over members of my immediate staff who were asked by me to take part in the operation of the concession stands because of the ineffective way operations were being run. Mohave County needed trustworthy people who were willing to give up every weekend since the start of the season; who would take pride in their work and give the county the chance to at least break even. These people gave up participation in family activities with their children because they believed in the raceway and because I asked. Their dedication, caring, and personal commitment are demonstrated by the increased revenues generated by the amount of money spent per person attending the events on concession items since the races started. The members of my staff, and their family members, have donated numerous hours and worked into the early morning hours painting and cleaning SARA Park to bring it to a condition that would be a source of pride for the county, and the raceway operation. And yet these people now find themselves the target of Mr. Grintís attacks in pursuit of the agenda of the Supervisor from District 2. We also know that despite Mr. Grintís poor-mouthing of government mixing with racing, that he has been involved with meetings with Lake Havasu City officials, as has Mr. Zaborsky ñ in attempts to further Mr. Zaborskyís agenda of getting rid of SARA Park. If Mr. Grint really believed that government and racing do not mix, then why is he trying to get himself established as the racing czar for the City of Lake Havasu in the event Mr. Zaborsky is successful in his efforts to give away a county asset. Personally, I would note the fact that one of the Lake Havasu Councilman that Mr. Zaborksy has been relying on as his pointman in this scheme to dismantle the current structure of the county park system is employed by Village Oaks Mortgage, which is owned by Mr. Zaborsky. In the nearly four years that I have sat on this board, I have rarely taken advantage of the numerous opportunities to engage in the kind of personal attack that my colleague has resorted to because I was more interested in serious issues that needed to be addressed over that time, such as covering the loss of one-million dollars on the public fiduciary case, or absorbing the sun-setting of the Sheriffís override without raising taxes. I have tried to focus on serious issues that affect the residents of this county in meaningful ways, such as finding a mechanism to fund construction of new county facilities that have been needed for years; improving the countyís bond rating from BBB to AAA-; and the solicitation of new industry that will bring hundreds of millions of dollars into the countyís infrastructure and tax base. Unlike Mr. Zaborsky, I have not sought to use the county as an employment agency for political cronies, or as a helping hand for friends and associates looking to pad their resumes. I am not the one who had my own personal public relations man pumping out news releases for me at county expense. Nor was I the one trying to plug in people like Tony Dias and Brad Gollman to every possible opening on the public payroll. Instead, my appointments to various boards have reflected my commitment to bring people with new ideas; replacing the good ole boys who have been running things for years in this county. More importantly, the people who I appoint actually attend the meetings, unlike Mr. Zaborskyís cronies. My appointments, whether to my staff or to boards and commissions, have been based upon the qualifications of the applicants rather than their political connections. Finally, the suggestion of improprieties in the placement of people is ironic coming from a man who raised no objection to the hiring of Ken Sondgeroth at a sum of $40,000 for a half a year to serve as an indigent attorney. This is the son of Keith Sondgeroth, Mr. Zaborskyís P&Z commissioner and the son of Mr. Zaborskyís personal administrative assistant. While there are questions about the pay of my administrative assistant from Mr. Zaborsky, I would point out just one significant difference. My administrative assistant does not get paid to travel to Kingman to eat and sleep through meetings but actually works on providing services to the citizens, such as providing communications to the public ñ something that Mr. Zaborsky is willing to charge the taxpayers $300 per meeting to duplicate. I find it ironic that criticism is directed at my staff budget, and yet my staff does not spend time getting involved in politics by writing letters critical of this board as Mrs. Andersonís staff has done. Her staff, which is supported by taxpayer dollars, has also invested considerable time obtaining my expense account records ñ all of which are public records and have previously been reviewed by the County Attorney. I have never questioned Mrs. Andersonís use of her staff for political purposes, nor have I questioned the expenditures of any other supervisorís even though some of those expenditures include trips to Hawaii, Alaska, and Washington D.C., North Carolina, as well as just about any place where there is a trendy golf course. I have never questioned the attendance of other supervisors at the Arizona Association of Counties and/or the County Supervisors Association meetings at a time when both of you have less than 60 days remaining in your terms. I have always assumed those were your decisions to make as supervisors and hoped that they were made on the basis of what would benefit the people you represent. I guess, ultimately, the people in your district have to decide if those are legitimate, or prudent, expenditures and perhaps you have both anticipated the judgment of the voters in that regard by choosing to step down. I hope that my statements are not viewed as criticism of anyone for how they do their job. Nor am I seeking to suggest that anything illegal is at play here because I recognize that we all work differently, but I will not sit by in idle silence and have people who work, either as volunteers, or paid staff members, be slandered as a collateral casualty of someoneís personal vendetta. I am responsible to the public and expect a high standard of work ethics and productivity from the people who work on my staff.î Supervisor Zaborsky stated that, in his opinion, Chairman Johnsonís travel expenses, taking the County assigned vehicle into Mexico, a meeting in California regarding ìgang related activities,î without bringing forth a report to the Board, lunch expenses, responsibility for County finances, voting against items without response, availability of tapes, was not appropriate behavior for a Supervisor. An emotional debate ensued between Supervisor Zaborsky and Chairman Johnson regarding travel and lunch expenses made by the Chairman; responsibility for the financial condition of Mohave County; taping of Board meetings; and Supervisor Zaborskyís statement that, in his opinion, the Chairman had not acted appropriately as a member of the Board of Supervisors; no responsibility for minority votes; Premier Health and other health cost issues; negative vote for increases for County employees and, therefore, driving a ìwedgeî between management and the employees. Financial Officer Ma clarified that health costs are half from employees and half from the County. The following roll call votes were recorded on the motion that any expenses that any Board member is going to submit for reimbursement be placed on the Consent Agenda for public record, and that a majority vote of the Board is needed for approval whether it is a budget item, or not; and if the expenditure is ìwayî out side of what is reasonable, it should be brought to the Boardís attention, prior to the expenditure, otherwise the Board member will be personally responsible and the substitute amendment that receipts for all County expenses, including credit cards and out of pocket reimbursement must have actual receipts; and that if there was an ìunusualî vehicle trip in which a County vehicle was taken out of State, that it be brought to the Board of Supervisors: Supervisor Anderson-Yes, Supervisor Zaborsky-Yes, Chairman Johnson-No. Motion carried by majority vote. There being no further business to come before the Board, this 4th day of December, 2000, motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky and the Roll call vote was unanimously carried to adjourn at 4:47 PM. MOHAVE COUNTY BOARD OF SUPERVISORS __________________________________________ Buster D. Johnson, Chairman ATTEST: __________________________________ Pat Chastain, Clerk of the Board REGULAR MEETING PAGE  PAGE 3 DECEMBER 4, 2000