MOHAVE COUNTY BOARD OF SUPERVISORS MOHAVE COUNTY, KINGMAN, ARIZONA SPECIAL MEETING ñ DECEMBER 18, 2000 The Board of Supervisors of Mohave County met in Special Session this 18th day of December, 2000, at 10:00 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 Ballard, Planning and Zoning Director; Duc Ma, Chief Finance Officer; Patty Mead, Health and Social Services Director; Bonnie Campbell, Library Director; Ron Nicholson, Chief Deputy Assessor; and Pat Chastain, Clerk of the Board. Chairman Johnson called the meeting to Order. The invocation was given by Supervisor Anderson, followed by 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 January 8, 2001, at 9:00 AM for discussion and consultation with legal counsel in accordance with A.R.S. 38-431.03 (A) (3) & (4) to discuss items noticed on the agenda with an asterisk. ITEM 2: Supervisor Anderson advised that she had attended and testified at the Public Hearing regarding Mohave Countyís concerns on nitrate management. Supervisor Anderson advised that the Governorís Regulatory Review Council (GRRC) did agree to hold off the nitrate management portion to allow other input toward mitigation regarding the impact and implementation of the recommendations of the Arizona Department of Environmental Quality regarding the proposed Unified Water Quality Permit Rules. Supervisor Anderson advised that she also attended the County Supervisors Association meeting, in which a new ìslateî of officers were introduced. Supervisor Anderson advised that CSA would possibly be moving into their new building in February, and that the CSA Legislative Committee presented possible legislative bills, but due to a lack of a quorum of that committee, no recommendations were given. Supervisor Anderson advised that, in her opinion, Louis Tenney, the new CSA President, along with Alan Stevens, the new Executive Director, will provide good leadership. Supervisor Zaborsky noted that Mohave Countyís recommended legislative issues were brought forth with some discussion and consensus. ITEM 3: Interim Manager Skalicky presented plaques of appreciation to Carol S. Anderson, and James R. Zaborsky, for dedicated service as Mohave County Supervisors. 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 13, 15, 21, 23, 24, 26 as follows: 5. Approval of the monthly report for Procurement Activity between $10,000 and $35,000. 6. Award of Bid No. 00-B-22- Aggregate Base Course (AB Material) for the Dolan Springs/Chloride area to T & F Enterprises at $4.00 per ton; for the Golden Valley Area (Chino-Griffith) to Walker Trucking at $2.83 per ton; for the South Mohave Valley area to Joseph E. Hancock at $3.00 per ton, and to reject all bids for the Lake Havasu City areas, as the total cost per ton is cost prohibitive. 7. Approval of Intergovernmental Agreement for Cooperative Purchasing between Mohave County and Yavapai County. 8. Accept Warranty Deed and Dedication for right of way purposes described as the South 42 feet of the West one-half of the South one-half of the Southwest quarter of the Southeast quarter of the Southwest quarter (S42í W ‡ 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. 9. Accept Warranty Deed and Dedication for right of way purposes described as the East 50 feet of the North one-half of the South one-half of the Southeast quarter of the Southwest quarter of the Southwest quarter (E50í N ‡ S ‡ SE º SW º SW º) of Section 14, T39N, R16W of the G&SRM, Mohave County, Arizona, located in the Scenic Improvement District area. 10. Acceptance of a Quit Claim Deed by City of Kingman for right of way along Grace Neal Road located in the Kingman area. 11. Acknowledge receipt and refer to Public Works for review and recommendation a Petition to have included in the County Tertiary Road Maintenance System Round Island, beginning at Cottonwood and ending at Round Island (South 2 miles), with a general course of North and South, located north of Kingman. 12. Acknowledge receipt and refer to Public Works for review and recommendation a Petition to have included in the County Tertiary Road Maintenance System Hassayampa Road, beginning at Chino Drive and ending one block North of Burro, with a general course of North and South, located in the Golden Valley area. 14. Adoption of Board of Supervisor Resolution No. 2000ñ502 - Approval of an Intergovernmental Agreement between the City of Kingman and Mohave County for the administration of JAIBG Grants, and approval of amendment #269-01-0264 Juvenile Accountability Incentive Block Grant budget. 16. Approval of Settlement Agreement regarding the Superior Court waste tire litigation case titled Mohave County v. Maricopa County, CV 99-521, to authorize the Board Chairman to sign the Settlement Agreement, to direct that the settlement payment amounts required under the Settlement Agreement be paid from waste tire fund monies, and to direct that the SIR Trust Account be reimbursed from waste tire fund monies for the attorneyís fees and costs incurred in prosecuting the Maricopa County lawsuit and the related United States Court EPA lawsuit. 17. Approval of Agreement for Indigent Defense Services between Ronald D. Wood and Mohave County to handle complex Legal Defender cases, including the case of State of Arizona v. Rickie Anthony Collins, CR 99-784, and to authorize the County Manager to sign the Agreement. 18. Approval of Agreement for Indigent Defense Services between Jeanne Winkler and Mohave County to handle Public Defender Overflow cases, and to authorize the County Manager to sign the Agreement. 19. Approval of Agreement for Indigent Defense Services between Deborah Liverence and Mohave County to handle Legal Defender juvenile overflow cases, and to authorize the County Manager to sign the Agreement. 20. Approval of Agreement for Indigent Defense Services between Clarence J. Richard, Jr., and Mohave County to handle Kingman Justice Court and Cerbat Justice Court cases, and to authorize the County Manager to sign the Agreement. 22. Approval of amendment to the Agreement between Mohave County School Superintendentís Office and the Supreme Court for increase in federal grant for the Juvenile Detention Education Program, and amendment of operating budget. 25. Approve the appointment of Dr. Lorraine R. Byrd as the Board of Health physician, commencing immediately. ITEM 13: Motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to continue to the January 22, 2001, meeting, the delegation agreement between Mohave County Environmental Health and ADEQ for on-site wastewater services, as requested by Director Mead. ITEM 15: Motion was made by Supervisor Anderson, and seconded by Supervisor Zaborsky, to approve the Settlement Agreement and related documents regarding Superior Court Case titled Leo Horner, dba Silver Ranch Corporation, v. County of Mohave, et al., No. SA-98-33, and to authorize the Board Chairman to sign the Settlement Agreement and the related documents, as necessary, contingent upon the following: 1) Exhibit C being placed in a form acceptable to Civil Deputy County Attorney, Richard Basinger; 2) All Settlement documents being first fully signed by the Plaintiff, and as necessary, the Plaintiff and attorney in a form approved by Civil Deputy County Attorney, Richard Basinger. The motion was amended to include: by Civil Deputy County Attorney, Richard Basinger, or his successor. The Roll call vote was unanimously carried. ITEM 21: In response to Supervisor Anderson, Interim Manager Skalicky advised that the Agreement with the Greater Arizona Development Authority, for Technical Assistance to assist in the expansion of the I-40 Industrial Corridor Water System as a part of encouraging and enabling industrial development in that area, would include a definition of the boundary defining the I-40 water system area. Motion was made by Supervisor Zaborsky, and seconded by Chairman Johnson, to adopt Board of Supervisors Resolution No. 2000-500 ñ approving the Agreement as stated. The following Roll Call votes were recorded: Supervisor Anderson-No, Supervisor Zaborsky-Yes, Chairman Johnson-Yes. Motion carried by majority vote. ITEM 23 & 24 : The meeting continued with the BOARD OF SUPERVISORS SITTING AS BOARD OF DIRECTORS ñ MOHAVE COUNTY LIBRARY DISTRICT. Supervisor Zaborsky publicly thanked Director Campbell and Don Estenson of the Lake Mohave Ranchos Fire Department for the work on the Lease Agreement between the Mohave County Library and the Lake Mohave Ranchos Fire District (Dolan Springs), at a cost of $1.00 per year, for the Mohave County Library in Dolan Springs. Supervisor Zaborsky noted that the Agreement between the Mohave County Library District and The Church of Jesus Christ of Latter Day Saints, regarding the donation of two modular buildings for use by the Mohave County Library in Dolan Springs, needed to be approved prior to the previous lease agreement. Supervisor Zaborsky recognized Leroy Key, Mohave County Equipment Fleet Manager, and Larry Romley, representing the L.D.S. Church, and expressed the Boardsí appreciation in acquiring the two modular buildings. Mr. Romley noted that it was a privilege to donate the modulars. Supervisor Anderson concurred in appreciation as this would be an asset to both the Dolan Springs and Meadview area residents. Director Campbell advised that the Library District was very grateful to the L.D.S. Church and Supervisor Zaborsky for making this possible. Motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to approve the Lease Agreement between the Mohave County Library and the Lake Mohave Ranchos Fire District (Dolan Springs) at a cost of $1.00 per year and the Agreement between the Mohave County Library District and The Church of Jesus Christ of Latter Day Saints, regarding the donation of two modular buildings for use by the Mohave County Library in Dolan Springs, with the understanding that a ìclean titleî is received regarding the buildings. ITEM 14: At the request of Chief Finance Officer Ma, 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. 2000ñ502 - Approval of an Intergovernmental Agreement between the City of Kingman and Mohave County for the administration of JAIBG Grants, and approval of amendment #269-01-0264 Juvenile Accountability Incentive Block Grant budget. Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to continue this to the January 8, 2001, meeting. ITEM 26: In regard to the payment of expenditures for Board of Supervisors, Supervisor Anderson responded to Chairman Johnsonís question regarding the need for Arizona Revised Statutes by stating that while the Statutes could be found on-line, she would prefer the incoming Supervisor make the decision to continue on with their purchase as they were used on a regular basis. Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to approve the payment of expenditures. ITEM 27: Earl Engelhardt, Kingman area resident, addressed the Board regarding the adoption of BOS Resolution No. 2000-501 - Re-evaluation of a request for a Rezone of the west 639.57 feet, excluding the north 916.87 feet of the W‡ SWº of Section 17, lying northerly of the Interstate 40 right-of-way line, in Township 21 North, Range 15 West, from A-R/10A (Agricultural-Residential/Ten Acre Minimum Lot Size) zone to C-2H (General Commercial Highway Frontage) zone, in the Mohave County General Area (north side of the north frontage road, northeast of the Interstate 40/DW Ranch Road exit), Mohave County, Arizona. Mr. Engelhardt read a prepared statement which included some of the following points: The attempt to reconsider the issue is an attempt to make a 24 hour truck stop into a nicer appearing 24 hour truck stop. All the reasons that it was a bad idea are still there. It would bring congestion, noise, bright lights and diesel exhaust pollution into the rural residential area that is zoned AR10, with an Area Plan in the near future, unanimously approved by both the Planning and Zoning Commission and this Board of Supervisors. Credible sources helped put together a profile of Kingman truck stops in general and individual locations specifically. Betsy Parker, Superintendent of Schools, advised that the schools had not approved the truck stop. The statement that it will be safer because no parking will be allowed by truckers on the freeway entrance was not true, as Dee Goodwin, of ADOT, advised that ADOTís concern was traffic flow consideration that relates to the freeway. The traffic impact analysis document only relates to turning radius and the ability for vehicles to negotiate the turns necessary to get to and from the truck stop. Residential safety was never a consideration. Lt. Tibbits of Dept. of Public Safety, advised he was also unaware of this truck stop. Two major highways I-40 and Hwy 93 converging through Kingman and the proposed truck stop location, it has an eight mile continuous downgrade with trucks doing 85 plus mph by the time that they reach D.W. Ranch Road while carrying dangerous and lethal chemicals. There were 15 commercial vehicles, plus 42 non commercial vehicles per year, without the proposed truck stop, which calculates to one accident per week on that small stretch of the highway at the DW Ranch. Add truckers (and autos etc.) that will exit westbound at D.W. Ranch Road, decelerating using engine breaking, with no stop lights to slow their reduced speed, others accelerating west to 85 mph on this same downgrade, 500 families from Peacock Mountain Ranches, all coming and going through the only entrance and exit, a sand and gravel operation operating six and seven days a week, with fully loaded trucks moving across the frontage road where this truck stop is planned. Truckers will have to negotiate a tight U turn to get on the service road, have to make a left turn from a two lane road while fully loaded gravel trucks are emerging in an opposite direction from an un-maintained dirt road. The Mohave County Sheriffís Dept., and the Kingman Police Dept. response records for safe truck stops, two in the County and three in the City, for one year showed: 856 responses, which computes to 71 law enforcement responses every month, 14 responses every month, for each and every location, nearly one response to every location, every other day. The current only entrance and exit, has kids going to and from school, families going to and from work, trucks loaded with dangerous and lethal chemicals, an off ramp tight U turn, then a left turn across traffic on a narrow two lane road, with opposing traffic of fully loaded gravel trucks moving across this truck stop every daylight hour. None of this even considers the decrease in property values because of crime that will be brought into the growing community. Mr. Engelhardt concluded with the statement that, in his opinion, there were a lot of other commercial businesses that were appropriate for this property, and, therefore, requested the Board reject the petition to reconsider this issue. Linda Wilson, truck driver, presented photo documentation regarding a similar ìLovesî Truck Stop in New Mexico, which depicted trucks parking on and off the off ramp, as well as voicing concern regarding ìgarbageî and fuel spills that comes with truck stops, and was, therefore, opposed. Steve Terlesky, property owner in the area, advised that correspondence from Hubby Grounds, the original developer of Peacock Mountain Ranches, stated that the area plan, on each side of the highway was to be commercial, and the best use was for truck stops. Mr. Terlesky stated that, in his opinion, the truck stop would be an asset to the residents in the area. Sondra Wedo, property owner in the area, advised that the Mohave County School Superintendent, as well as the High School District, had no problems with the bus stop at the truck stop at D.W. Ranch Road, and supported the ìLovesî Truck Stop proposed project. Ms. Wedo advised that she had correspondence from 18 plus residents in support of the project because of the taxes, and jobs. Angelo Wedo, property owner in the area, advised that, in his opinion, property taxes, sales, gasoline tax, and jobs should be considered and, therefore, supported the rezone. Louis Ramos, property owner in the area, suggested that Loves consider the construction of an eight foot block wall to reduce the noise, a school bus shelter for the children, and stated that the lighting ordinance would cover over-flow lighting, and, therefore, was in support. Roger Sayles, area land developer, addressed the Board in support as, in his opinion, this project was the best use of the property. Robert Bula, adjacent property owner in the area, advised that he was in support of the request to rezone. Bill Goodale, Mohave County Economic Development Authority, addressed the Board advising that the area was where truck stops like to locate and it was important, therefore, not to shut the door on this type of development. Mr. Englehardt advised that the Ramos family were the only residents. The others were just ìproperty owners,î developers, and absentee land owners, and while they did not feel development was inappropriate, they did not support a truck stop for all the safety reasons. Mr. Engelhardt noted that in Section 7, adjacent to this property, there was an illegal, or a ìwildcatî subdivision. In response to Supervisor Anderson, Mr. Engelhardt advised that they wanted ten acres in their area plan. Greg Love, applicant, advised that a traffic study was required by A.D.O.T., a lengthy process that reviews many issues, i.e., amount of traffic, turn movements, etc. Mr. Love advised that while they could not mandate parking on the off ramp, the project would provide 50 parking spaces, and would do whatever they could to buffer noise. In response to Supervisor Anderson, Mr. Love addressed the water supply through water storage tanks for fires from wells. In response to Linda Wilson, Mr. Love advised that the widening of the service road would be through recommendations from A.D.O.T. engineers, completed by Loves, and that fuel spills would be addressed by State and Federal agency mandates. Galen Jayne, property owner in the area, advised that, in his opinion, construction of the intersection off ramp would cost a minimum of $1,000,000, truck stops are not kept clean, and ìnozzlesî do not shut off, and, therefore, was opposed. Steve Terlesky advised that Ben Overson, a resident in the area, lives the closest to the proposed project and that he had counted 24 dwellings in that area. Athalie Jayne, advised that she had the residence closest to the proposed project, and her property was kept ìspotless.î Supervisor Anderson advised that, in her opinion, the proposal was consistent with other commercial development. Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll call vote was unanimously carried to adopt BOS Resolution No. 2000-501 ñ Approve the 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, with the condition that the applicant work with the residents in the area to mitigate their concerns. The Chairman called for a recess at 10:46 AM and the meeting was reconvened at 10:51 AM. ITEM 42: Motion was made by Supervisor Anderson, and seconded by Supervisor Zaborsky, (for discussion) to request that law enforcement investigate allegations made in correspondence from Glenn Grint, regarding SARA Park, that was discussed at the December 4, 2000, Board meeting. A brief debate ensued between Supervisors Anderson, Zaborsky and Chairman Johnson, regarding the need for a ìlaw enforcementî investigation, with Attorney Ekstrom advising that, in his opinion, the County Attorneyís office could conduct an investigation. A substitute motion was made by Supervisor Zaborsky: That the Board request an investigation of some of the accusations that were made, and that a complete report be done by the Financial Services Department and the County Attorney, etc., on any irregularities on any activities in SARA Park, and that they present recommendations on how to provide that type of service, in the future, without getting as personally involved. The motion was seconded by Supervisor Anderson with the understanding that, if the investigation leads to any other further extenuating circumstances, further investigation is authorized. It was further understood that the motion included Chairman Johnsonís request that the scope of the investigation be expanded and that ìanythingî found be made a part of any employeeís permanent record that could be used in evaluation, or forwarded to other employers if requested, and made available to the public. The Roll Call vote was unanimously carried. ITEM 45: Stan Usinowicz, Public Information Officer for Lake Havasu City, presented a video tape of a recent Lake Havasu City Council meeting in which the relinquishment to the Bureau of Land Management of Mohave Countyís leasehold interest in SARA Park was discussed. Motion was made by Supervisor Zaborsky, and seconded by Supervisor Anderson, to direct the County Manager to send correspondence to the Bureau of Land Management that Mohave County is not interested in continuing the lease for SARA Park and offer any assistance to Lake Havasu City to acquire that lease. A brief debate ensued between Supervisor Zaborsky and Chairman Johnson regarding the acceptance of the ìliabilityî issue with Lake Havasu accepting the Park ìas isî and Chairman Johnsonís opinion that the action was a violation of law as SARA Park was an asset and benefits all of Mohave County. The following Roll Call votes were recorded: Supervisor Anderson-Yes, Supervisor Zaborsky-Yes, Chairman Johnson-No. The motion carried by majority vote. ITEM 37: Nathan Marler, Dolan Springs resident, addressed the Board regarding the re-organization of the Risk Management Office, Human Resources Office, and Financial Services Office to among other things reinstate the following Department Head positions: Financial Services Director, and Human Resources Director, effective January 1, 2001, in accordance with the County Managerís Ordinance. Chairman Johnson stated that, in his opinion, with the exception of the reorganization, this item should be continued for the new Board to address salary issues for all employees. Mr. Marler stated that, in his opinion, he was opposed, especially when County Departments were cut by 12% and the request represented a $17,285 increase, and especially when the Senior Nutrition program in Dolan Springs was canceled and the Community Council re-negotiated and was now subsidizing the program at $300 a month. A brief debate ensued between Mr. Marler and Supervisor Zaborsky regarding salaries and the low salary structure for Department Heads and employees. Chief Finance Officer Ma advised that cuts in the operation budget for Senior Programs was from the Federal grant program, as Mohave County funded over $300,000 to those programs. Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to authorize the downward reclassification, and any other reclassification be continued to be addressed by the new Board, that the responsibilities that come with the downward reclassification be assumed under the County Managerís discretion to the appropriate departments, and that there be no salary increases because of this action which includes the creation of a Risk Analyst position. ITEM 38, 39, 40: Motions were made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to continue to the January 8, 2001, meeting, the following items as requested by Interim Manager Skalicky: Set the I-40 Industrial Corridor Water System water usage rates for the Griffith Energy Power Plant and other system customers; adopt I-40 Industrial Corridor Water System Policy and Procedure Memorandum No. 2000-01; adoption of Board of Supervisors Resolution 2000-499 -Approving the Intergovernmental Agreement with the Scenic Improvement District regarding rights of way, and related matters. ITEM 28: Motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to adopt BOS Resolution No. 2000-445 - Evaluation of a request for the adoption of the Arizona Department of Transportation approved State Route 68 Access Management Plan, covering the entire alignment of State Route 68 from Mile Post 0 (Laughlin Bridge), Section 30, Township 21 North, Range 21 West to Mile Post 27 (Hwy 93 intersection) Section 8, Township 21 North, Range 17 West, in the Bullhead City and Golden Valley Areas, Mohave County, Arizona, as recommended by the Planning and Zoning Commission. ITEM 29: Motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to adopt BOS Resolution No. 2000-446 - Evaluation of a request for the approval of an Amendment To The Mohave County General Plan, by adding Policy 51.14 to Chapter VII, Section A.6, adopting transportation plans developed by state and other agencies, and amending Exhibit VII.3 of the General Plan to match, which revises the transportation planning for State Route 68 in the Bullhead City, and Golden Valley Areas, Mohave County, Arizona, as recommended by the Planning and Zoning Commission. ITEM 30: Motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to adopt BOS Resolution No. 2000-459 - An Amendment of Section 25.C of the Mohave County Zoning Ordinance changing Maximum Permissible Density of Lot Coverage, as recommended by the Planning and Zoning Commission. ITEM 31: Motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to approve the Government Services Contract between Mohave County and the Arizona Department of Environmental Quality which sets forth Mohave Countyís Scope of Work as the Designated Planning Agency, and appropriate $2,510 in 604b Revenue Distribution for 208 Water Quality Planning for FY 2001, to include a $2,510 Contingency Account transfer to be reimbursed by ADEQ. ITEM 32: Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky and the Roll Call vote was unanimously carried to approve the Memorandum of Understanding (MOU) between Mohave County and the Mohave County Superior Court and the Intergovernmental Agreements with the City of Lake Havasu City, the City of Bullhead City, and the City of Kingman, on the Court Automation Project. ITEM 33: The meeting continued with the BOARD OF SUPERVISORS SITTING AS BOARD OF DIRECTORS ñ SCENIC IMPROVEMENT DISTRICT. At the request of Interim Manager Skalicky, motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to Enter into an agreement with Potter & Associates, Inc., St. George, Utah, for appraisal services; and to continue until such time that the County Attorney has approved the 2) $1,000,000 Letter of Credit provided by Mesquite State Bank; 3) Change Order #2 to the Bulloch Bros. Engineering, Inc., Mesquite, Nevada, contract; 4) 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 22, 2001, for the proposed Bridge and Road Project. ITEM 34: Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to continue to the January 8, 2001, meeting the 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, and to authorize the Board Chairman to sign the Letter Agreement, as well as to include a change in verbiage regarding inventory and prior notification of location. ITEM 35: Motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to authorize the payment of November and December invoices, billing statements, and claims for Superior Court mandated services of Juror Compensation, Legal Services, and Court Costs/Investigations in the amount of $20,279.16. ITEM 36: A brief discussion ensued between the Board and the Interim County Manager regarding length of Mike Williamsí contract for lobbyist services. Motion was made by Supervisor Anderson to continue the matter for the new Board to address after April, 2001. Motion died for lack of a second. Motion was made by Supervisor Zaborsky, and seconded by Chairman Johnson, to approve a six month contract with Mike Williams for lobbyist services, and a $5,000 Contingency Account transfer. The following Roll Call votes were recorded: Supervisor Anderson-No, Supervisor Zaborsky-Yes, Chairman Johnson-Yes. Motion carried by majority vote. ITEM 41: Mr. Clinton Pierce addressed the Board regarding his request to revoke Board of Supervisors Resolution No. 98-72 ñ Road naming ìDouble D Ranch Roadî as he had not granted an easement for this road. Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to acknowledge receipt and refer to Planning and Zoning the petition to revoke Board of Supervisors Resolution No. 98-72 ñ Road naming ìDouble D Ranch Road.î ITEM 43: Supervisor Anderson advised that she did not support the recommendation of the Public Land Use Committee to reappoint Don Van Brunt to Chair the Air Quality and Hazardous Materials subcommittee of the Mohave County Public Land Use Committee. Motion was made by Supervisor Zaborsky, and seconded by Chairman Johnson, to reappoint Don Van Brunt to Chair the Air Quality and Hazardous Materials subcommittee of the Mohave County Public Land Use Committee. The following Roll Call votes were recorded: Supervisor Anderson-No, Supervisor Zaborsky-Yes, Chairman Johnson-Yes. Motion carried by majority vote. ITEM 44: Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to accept the recommendation of the Public Land Use Committee to reappoint Elno Roundy to Chair the Water subcommittee of the Mohave County Public Land Use Committee. ITEM 46: Ron Nicholson, Chief Deputy Assessor, addressed the Board regarding the adoption of Mohave County 2001 Tax Roll, per ARS 42-15154, with the full cash value of the County being 8.2 billion dollars which was a 7.82% increase in assessed value over the prior year. Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to adopt the Mohave County 2001, Tax Roll as presented by the Mohave County Assessorís office. ITEM 47: The meeting continued with the BOARD OF SUPERVISORS SITTING AS THE BOARD OF DIRECTORS ñ MOHAVE COUNTY FLOOD CONTROL DISTRICT. Interim Manager Skalicky gave a brief explanation regarding the current $5.00 fee for a PFD (Property Flood Plain Determination), addressing Supervisor Zaborskyís concern and opposition to the fee. Chairman Johnson voiced concern regarding receiving payment for a service that is provided by Mohave County. Motion was made by Supervisor Zaborsky, seconded by Supervisor Anderson, and the Roll Call vote was unanimously carried to refer back to staff for review of the ordinance and bring back recommendations to the Board, with instruction to staff to work with citizens regarding public information regarding options, and the availability of flood maps and computerizing maps. ITEM 48: Supervisor Zaborsky addressed the Board regarding the Nitrogen Management Program in Mohave Valley; the Status of the "One-Mile Circles," and the disparity of value of adjacent lots. He supported the deadline of mandatory hookups when the sewer line is within 400 feet of the property and the cost to hook up is less than $6,000, and, therefore, was in support of discontinuing the ìcirclesî immediately. In response to Supervisor Anderson, Pete Foster, Arizona Department of Environmental Quality, Mohave County representative, confirmed ADEQ views that it would be Mohave Countyís decision to discontinue circles, and that it would help Master Planning if the circles were discontinued, and in Master Planning the highest nitrate level, areas needed to be reviewed first, but there was no policy regarding private well testing. Discussion and debate ensued between the Board, Director Mead, Mr. Foster, and Director Ballard, regarding the need for data, whether the circles were effective, and how they effect property owners; the need for protection for safe drinking water. Chairman Johnson voiced concern that the circles were needed and, therefore, could not support 21 alternative systems with no regulation for the best system, allowing the use of septic tanks until they fail, the circles causing problems for those areas wanting to install sewer systems. In response to Supervisor Anderson, whether or not the removal of the circles could be specific to Mohave Valley, or County wide, Attorney Ekstrom advised that it would be only appropriate to take action as noted on the agenda, in the Mohave Valley area. Motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and the Roll Call vote was unanimously carried to remove the requirement of ìcirclesî in Mohave Valley provided that efforts are made toward progression in getting parcels off of septic tanks to an area wide waste water system, that a report be brought to the Board, in six months, and if no significant progression has been made, the Board consider the staffs' recommendation to re-instate the circles. Supervisor Anderson extended wishes to every one for a Happy Holiday and for working with the Board these past four years. There being no further business to come before the Board of Supervisors this 18th day of December, 2000, motion was made by Supervisor Anderson, seconded by Supervisor Zaborsky, and unanimously carried to adjourn at 12:36 PM. MOHAVE COUNTY BOARD OF SUPERVISORS ____________________________________________ Buster D. Johnson, Chairman ATTEST: _____________________________________ Pat Chastain, Clerk of the Board SPECIAL MEETING PAGE  PAGE 13 DECEMBER 18, 2000