MOHAVE COUNTY BOARD OF SUPERVISORS MOHAVE COUNTY, KINGMAN, ARIZONA REGULAR MEETING FEBRUARY 5, 2001 The Board of Supervisors of Mohave County met in Regular Session this 5th day of February, 2001, at 9:30 AM. In attendance were Pete Byers, Chairman; Tom Sockwell and Buster D. Johnson, Members. The following Mohave County Elected Officials and Department Heads were also in attendance and addressed specific items as noted: Richard A. Skalicky, P.E., Interim Mohave County Manager; William J. Ekstrom, Mohave County Attorney; Deborah Herbert, Chief Civil Deputy County Attorney; Duc Ma, Chief Finance Officer; Chris Ballard, Planning & Zoning Director; Ron Nicholson, Chief Deputy Assessor; Patty Mead, Health and Social Services Director; Brad Bixler, Senior Programs Manager; Rod Marquardt, Chief Probation Officer; Tom Sheahan, Sheriff; and Barbara Bracken, Deputy Clerk of the Board. Chairman Byers called the meeting to Order. The invocation was given by Gloria Troy, Bahai Faith, followed by the Pledge of Allegiance. Motion was made by Supervisor Johnson, seconded by Supervisor Sockwell, and unanimously carried to call for an Executive Session to be held February 20, 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: The Board advised they had no Committee Reports and/or Legislative Reports. ITEM 3: Interim Manager Skalicky advised that he had nothing to report. ITEM 4: No meeting minutes were approved. Motion was made by Supervisor Johnson, seconded by Supervisor Sockwell, and unanimously carried to approve the CONSENT AGENDA, minus Items 41, 44, 54, and 63, as follows: 5. Adoption of Board of Supervisors Resolution No. 2001-46 - Approval of a Subdivision Final Plat And Acceptance Of As-Built Improvement Plans For Beaver Dam Estates, Tract 3510, being a proposed subdivision of Lots 4-14, Lots 34-37, Parcels B and C of Beaver Dam Estates, Tract 3034-A, a portion of the NE1/4 of Section 5, Township 40 North, Range 15 West, in the Arizona Strip Area (north and east of the intersection of I-15 and County Highway 91), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 6. Adoption of Board of Supervisors Resolution No. 2001-48 - Zoning Use Permit on Lot 150, Virgin River Ranches, Valley View Addition, in Section 15, Township 39 North, Range 16 West, for a secondary residence in an A-R (Agricultural-Residential) zone, in the Arizona Strip Area (east side of Mesquite Lane, between Las Vegas Way and Elbow Canyon Road), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 7. Adoption of Board of Supervisors Resolution No. 2001-49 - Extension Of Time of the Preliminary Subdivision Plan for Emerald River Estates, Tract 4093, being a proposed subdivision of a portion of the NW of Section 25, Township 19 North, Range 22 West, in the South Mohave Valley Area (south of El Rodeo Road, east of Mountain View Road), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 8. Adoption of Board of Supervisors Resolution No. 2001-50 - Acceptance Of As-Built Improvement Plans and a Release of All Remaining Assurances for Sunrise Vistas, Tract 4108-E and Tract 4108-G, being subdivisions of a portion of the SW of Section 18, Township 19 North, Range 21 West, in the South Mohave Valley Area (north of Camp Mohave Road, east of Vanderslice Road), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 9. Adoption of Board of Supervisors Resolution No. 2001-51 - Zoning Use Permit on Lot 401, Willow Valley Estates, Unit 6, in Section 35, Township 18 North, Range 22 West, for a secondary residence in an A-R (Agricultural-Residential) zone, in the South Mohave Valley Area (southwest corner of Ironwood Drive and Calle del Media), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 10. Adoption of Board of Supervisors Resolution No. 2001-53 - Zoning Use Permit on Parcel 34-D, as shown on Parcel Plats Book 10, Page 68, in the SE SW of Section 34, Township 21 North, Range 19 West, for a secondary residence in an A-R/5A (Agricultural-Residential/Five Acre Minimum Lot Size) zone, in the Golden Valley Area (north side of Shinarump Drive, between Egar Road and Estrella Road), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 11. Adoption of Board of Supervisors Resolution No. 2001-54 - Rezone of Parcel 92, Lazy Y-U Ranch, Phase 2, in Section 9, Township 20 North, Range 16 West, from A-R/36A (Agricultural-Residential/Thirty-six Acre Minimum Lot Size) zone to A-R/5A and A-R/20A (Agricultural-Residential/Five Acre and Twenty Acre Minimum Lot Size) zones, in the Mohave County General Area (southwest of Hualapai Mountain Road and north of Bandit Drive), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 12. Adoption of Board of Supervisors Resolution No. 2001-55 - Rezone of Lot 1986, Meadview, Unit 5, in Section 15, Township 30 North, Range 17 West, from R-E (Residential-Recreation) zone to C-RE (Commercial-Recreation) zone, in the Meadview portion of the Mohave County General Area (west of Pierce Ferry Road, one and one-half (1) miles southwest of Meadview), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 13. Adoption of Board of Supervisors Resolution No. 2001-56 - Rezone of Lot 1988, Meadview, Unit 5, in Section 15, Township 30 North, Range 17 West, from R-E (Residential-Recreation) zone to C-RE (Commercial-Recreation) zone, in the Meadview portion of the Mohave County General Area (west of Pierce Ferry Road, one and one-half (1) miles southwest of Meadview), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 14. Adoption of Board of Supervisors Resolution No. 2001-57 - Rezone of a portion of Lots 64 and 65 and Lot 66, Meadview Estates, and Lot 1985, Meadview, Unit 5, in Section 15, Township 30 North, Range 17 West, from R-E (Residential-Recreation) zone to C-RE (Commercial-Recreation) zone, in the Meadview portion of the Mohave County General Area (west of Pierce Ferry Road, one and one-half (1) miles southwest of Meadview), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 15. Adoption of Board of Supervisors Resolution No. 2001-58 - Rezone of Lot 22, Meadview Estates, in Section 15, Township 30 North, Range 17 West, from R-E (Residential-Recreation) zone to C-RE (Commercial-Recreation) zone, in the Meadview portion of the Mohave County General Area (west of Pierce Ferry Road, one and one-half (1) miles southwest of Meadview), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 16. Adoption of Board of Supervisors Resolution No. 2001-59 - Rezone of Lot 1888, Meadview, Unit 5, in Section 15, Township 30 North, Range 17 West, from R-E (Residential-Recreation) zone to R-O (Single Family Residential/Mobile Homes Prohibited) zone, in the Meadview portion of the Mohave County General Area (west of Pierce Ferry Road, one and one-half (1) miles southwest of Meadview), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 17. Adoption of Board of Supervisors Resolution No. 2001-60 - Rezone of Lots 1869, 1873, 1874, 1878, 1896, and 1899, Meadview, Unit 5, in Section 15, Township 30 North, Range 17 West, from R-E (Residential-Recreation) zone to R-O (Single Family Residential/Mobile Homes Prohibited) zone, in the Meadview portion of the Mohave County General Area (west of Pierce Ferry Road, one and one-half (1) miles southwest of Meadview), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 18. Adoption of Board of Supervisors Resolution No. 2001-61 - Rezone of Lot 1871, Meadview, Unit 5, in Section 15, Township 30 North, Range 17 West, from R-E (Residential-Recreation) zone to R-O (Single Family Residential/Mobile Homes Prohibited) zone, in the Meadview portion of the Mohave County General Area (west of Pierce Ferry Road, one and one-half (1) miles southwest of Meadview), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 19. Adoption of Board of Supervisors Resolution No. 2001-62 - Rezone of Lots 1934, 1935, 1964, and 1965, Meadview, Unit 5, in Section 15, Township 30 North, Range 17 West, from R-E (Residential-Recreation) zone to R-O (Single Family Residential/Mobile Homes Prohibited) zone, in the Meadview portion of the Mohave County General Area (west of Pierce Ferry Road, one and one-half (1) miles southwest of Meadview), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 20. Adoption of Board of Supervisors Resolution No. 2001-63 - Rezone of Lot 1967, Meadview, Unit 5, in Section 15, Township 30 North, Range 17 West, from R-E (Residential-Recreation) zone to R-O (Single Family Residential/Mobile Homes Prohibited) zone, in the Meadview portion of the Mohave County General Area (west of Pierce Ferry Road, one and one-half (1) miles southwest of Meadview), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 21. Adoption of Board of Supervisors Resolution No. 2001-64 - Rezone of Lots 1911, 1912, 1913, 1914, 1916, 1919, 1921, 1922, 1977, 1978, 1979, and 1980, Meadview, Unit 5, in Section 15, Township 30 North, Range 17 West, from R-E (Residential-Recreation) zone to R-O (Single Family Residential/Mobile Homes Prohibited) zone, in the Meadview portion of the Mohave County General Area (west of Pierce Ferry Road, one and one-half (1) miles southwest of Meadview), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. Adoption of Board of Supervisors Resolution No. 2001-65 - Rezone of a portion of the NW of Section 1, Township 15 North, Range 13 West, from A-R/36A (Agricultural-Residential/Thirty-six Acre Minimum Lot Size) zone to A-R/5A (Agricultural-Residential/Five Acre Minimum Lot Size) zone, in the Wikieup portion of the Mohave County General Area (east of U.S. Highway 93 and west of Cholla Canyon Road), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. Adoption of Board of Supervisors Resolution No. 2001-66 - Rezone of Parcel 7-A, as shown on Record of Survey Book 13, Page 18, in Section 7, Township 23 North, Range 16 West, from A-R/10A (Agricultural-Residential/Ten Acre Minimum Lot Size) zone to A-R/5A (Agricultural-Residential/Five Acre Minimum Lot Size) zone, in the Mohave County General Area (east of Stockton Hill Road and north of Calle Muerlos), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. Adoption of Board of Supervisors Resolution No. 2001-67 - Rezone of Parcel 2131, Stagecoach Trails At Santa Fe Ranch, Unit 15, as shown on Record of Surveys Book 17, Page 951, in Section 36, Township 15 North, Range 17 West, from A-R/36A (Agricultural-Residential/Thirty-six Acre Minimum Lot Size) zone to A-R/9A (Agricultural-Residential/Nine Acre Minimum Lot Size) zone, in the Yucca portion of the Mohave County General Area (west of Alamo Road and south of Mesquite Drive), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. Adoption of Board of Supervisors Resolution No. 2001-68 - Rezone of Parcel 588, Stagecoach Trails At Santa Fe Ranch, Unit 7, in Section 33, Township 16 North, Range 17 West, from A-R/36A (Agricultural-Residential/Thirty-six Acre Minimum Lot Size) zone to A-R/9A (Agricultural-Residential/Nine Acre Minimum Lot Size) zone, in the Yucca portion of the Mohave County General Area (west of Alamo Road and south of Red Cloud Drive), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. Adoption of Board of Supervisors Resolution No. 2001-69 - Rezone of a portion of the N SE of Section 34, Township 24 North, Range 13 West, from A-R/36A (Agricultural-Residential/Thirty-six Acre Minimum Lot Size) zone to A-R/5A (Agricultural-Residential/Five Acre Minimum Lot Size) zone, in the Mohave County General Area (west of Highway 66 and approximately four and one-half (4) miles north of Hackberry Road), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. Adoption of Board of Supervisors Resolution No. 2001-70 - Zoning Use Permit on Lot 13, Diamante Acres, a subdivision of Sunward Ho! Ranches, in Section 7, Township 22 North, Range 16 West, for a secondary residence in an A-R/4A (Agricultural-Residential/Four Acre Minimum Lot Size) zone, in the Mohave County General Area (east side of Cherum Road, between Calle Blanca and Calle Allende), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. Adoption of Board of Supervisors Resolution No. 2001-71 - Rescission Of BOS Resolution Nos. 96-352 And 99-283 which approved the Rezone and the Extension of Time for the Rezone of Parcel 1-11, Mountain Vista Ranches, Phase I, in Section 1, Township 24 North, Range 15 West, in the Mohave County General Area, Mohave County, Arizona, as recommended by the Planning and Zoning Commission. Adoption of Board of Supervisors Resolution No. 2001-72 - Rescission Of BOS Resolution Nos. 96-353 And 99-284 which approved the Rezone and the Extension of Time for the Rezone of Parcel 1-14, Mountain Vista Ranches, Phase I, in Section 1, Township 24 North, Range 15 West, in the Mohave County General Area, Mohave County, Arizona, as recommended by the Planning and Zoning Commission. Adoption of Board of Supervisors Resolution No. 2001-73 - Reconsideration of a request to Extend A Roadway Name, Cedar Hills Ranches, Unit 8, in Section 30, Township 21 North, Range 13 West, the road name being Summerson Road, in the Mohave County General Area (approximately one-half mile north of Interstate 40, in line with the Highway 93 exit), Mohave County, Arizona, 31. Adoption of Board of Supervisors Resolution No. 2001-74 - Name A Roadway, Cedar Hills Ranches, Unit 10, in Sections 5 and 8, Township 21 North, Range 14 West, the proposed name being Elliott Ridge Road, in the Mohave County General Area (approximately three and one-half miles north of Interstate 40, in line with the Blake Ranch Road exit), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 32. Adoption of Board of Supervisors Resolution No. 2001-75 - Extend A Roadway Name, Meadview, Unit 5, in Sections 15 and 22, Township 30 North, Range 17 West, the road name being King Tut Drive, replacing Jamaica Road (Lane or Way), in the Meadview portion of the Mohave County General Area (approximately one mile south of the outlying community of Meadview, heading east off of Pierce Ferry Road for one-quarter mile), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 33. Adoption of Board of Supervisors Resolution No. 2001-77 - Zoning Use Permit on Lots 15 and 16, Block 70, New Kingman Addition, Unit 6, in Section 28, Township 22 North, Range 16 West, for a church in a R-1 (Single Family Residential) zone, in the Kingman Area (south side of Thompson Avenue, mid-block between Leroy Drive and Jimmie Drive), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 34. Interim and Original Liquor License application for Joginder Singh, DBA: Crazy Freds Truck Stop, I-40 Exit 44, two miles West of Kingman, Arizona, Series No. 10. 35. Approve the appointment of Truman Puchbauer as Timber Subcommittee Chair for the Mohave County Public Land Use Committee for a two year term, expiring March 5, 2003. 36. Approve the appointment of Bryan Corbin as Recreation Subcommittee Chair for the Mohave County Public Land Use Committee for a two year term, expiring March 5, 2003. 37. Approve the appointment of Jim Butcher as Business & Industry Subcommittee Chair for the Mohave County Public Land Use Committee for a two year term, expiring March 5, 2003. 38. Approve the appointment of Luis Vega as Mining Subcommittee Chair for the Mohave County Public Land Use Committee for a two year term, expiring March 6, 2003. 39. Approve the appointment of Jackie Hawley-Gallant to the Extension Advisory Board. 40. Approve the appointment of the following as Mohave County Republican Precinct Committeemen: Jeanne Swayze, Rainbow; Barbara S. Porter, Daytona; John C. Norburg, Palo Verde; and Michael James Martin, Industrial, as requested by the Republican Central Committee. 42. Approval of the request by Bullhead Pest Abatement District to have the Mohave County Election Department conduct the May 15, 2001 governing board election. 43. Set for Public Hearing on March 7, 2001, an Amendment to the Mohave County Animal Control Ordinance to change the fee structure for spaying and neutering animals. 45. Approval of the Intergovernmental Agreement, Contract #152015, between Mohave County Health and Social Services Department and the Arizona Department of Health Services, for Prevention and Counseling Services. 46. Appoint Sherry Walsh as a Special Eligibility Officer per Arizona Revised Statutes 36-2903.01D3, as requested by the Department of Health and Social Services, AHCCCS Division. 47. Approval of the Intergovernmental Agreement between Mohave County Health and Social Services Department and the City of Lake Havasu City for the provision of health services to Lake Havasu City residents for FY 2001. 48. Approval to utilize Bank of America for the Mohave County Procurement Card Program through Arizona State Cooperative Purchasing, effective May 1, 2001 and authorize the Procurement Manager to execute the Political Subdivision Linking Agreement with Bank of America. 49. Approval of Cooperative Purchasing Agreement between Mohave County and Yavapai County. 50. Approval of the monthly report for Procurement Activity between $10,000 and $35,000. 51. Approve rejection of all proposals for RFP No. 00-P-09 Professional Engineering Services for the I-40 Industrial Corridor Water System. 52. Award multiple award of Bid No. 01-B-01 Fleet Vehicles, in the amount of $263,092.67, to include extended warranty and sales tax. 53. Award of Bid No. 98-B-27 Annual Requirements Contract for Office Supplies, approve to exercise a one (1) year option to extend the Contract with Corporate Express, of Phoenix, Arizona, from February 5, 2001 through February 4, 2002. 55. Adoption of Board of Supervisors Resolution No. 2001-79 Acceptance of Carrizo Road, beginning at Simon Drive and ending at Zuni Drive in Golden Valley, into the Mohave County Tertiary Road Maintenance System. 56. Adoption of Board of Supervisors Resolution No. 2001-80 Acceptance of Simon Drive, beginning at Cibola Road and ending at Carrizo Road in Golden Valley, into the Mohave County Tertiary Road Maintenance System. 57. Appoint Pete Byers, Supervisor District 1, to the Corrections Officer Retirement Board and the Public Safety Retirement Board, replacing Buster Johnson, Supervisor District 3. 58. Approval to move up to Range 47-04 the following three Deputy County Attorneys: Alex Lane, Shawn Hamp, and Rhonda Satterlee. 59. Approve the appointment of the following to the Mohave/La Paz Local Workforce Investment Board: Ronnie Duke and Donald Fuller, Private Sector, Kingman area; Rylee Trembley, Private Sector, Bullhead City area; William Cushler, Private Sector, Lake Havasu City area; William Goodale and Robert Tippett, Economic Development Sector; and Sheri Yellowhawk, Native American Program Sector; as recommended by Buster Johnson, Board of Supervisors Representative. 60. Approval of the County Managers Ordinance Report for the time period of January 1, 2001 through February 1, 2001. 61. Approve proposed settlement of Kellogg v. Mohave County, ST 2000-00324 tax appeal. This settlement provides for a reduction in the full cash value of residential property from $225,900 (7 parcels total for Plaintiff) to $14,000 ($2,000 per parcel 7 parcels total), resulting in an estimated tax reduction of $3,348.46 (from $3,629.30 to $280.84) for each of the 2000 and 2001 tax years. 62. Approve proposed settlement of Smith v. Mohave County, ST 2000-00330 tax appeal. This settlement provides for a reduction in the full cash value of residential property from $91,800 (4 parcels total for Plaintiffs) to $8,000 ($2,000 per parcel 4 parcels total), resulting in an estimated tax reduction of $1,372.22 (from $1,532.70 to $160.48) for each of the 2000 and 2001 tax years. 64. Approve the appointment of the following as Mohave County Democrat Precinct Committeemen: Claudia Cochran, Broadway (58); Marie Murray, Oro Grande (54); Elvira McCrary, Sacramento Valley (46); and Alberta Ecklund, Holiday Highlands (48); as requested by the Democrats 2002 Central Committee. 65. Authorize the payment of expenditures for Board of Supervisors. ITEM 41: Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to approve with revisions, as stated by Attorney Herbert, the Agreement for Indigent Defense Services between Eric Engan and Mohave County, to handle Public Defender Conflict Cases, and to authorize the County Manager to sign the Agreement. ITEM 83: In response to Chairman Byers, Attorney Herbert advised that the item was pulled as the posting requirements had not been met regarding the reconsideration of approval from the Board of Supervisors to allow Mohave County Finance to set up and implement a payroll deduction for County employees on a tax credit contribution to Mohave County schools as approved by the Board on January 8, 2001. ITEM 44: The meeting continued with discussion regarding the Juvenile Crime Reduction Fund (JCRF) Grant award in the amount of $250,000, to be disbursed over a period of 18 months and approve budget modification to Juvenile Detention Organization No. #100011900, in order to open the 2nd pod at the Detention Center, to include start up cost and operations from March 1, 2001 through June 30, 2001, total amount of requested budget modification is $99,487, which will include six (6) Detention Officers and one (1) Office Assistant, Sr. In response to Supervisor Johnson, Officer Ma advised that it would cost the County approximately $150,000 to the keep the 2nd pod fully operational when the grant runs out. Officer Ma stated that there is an agreement for the housing of juveniles with the Ft. Mojave Indian Tribe coming up for the Boards review and approval; however, there is no estimate as to how many beds the Tribe would need on a monthly or annual basis to enable him to make an estimate on how much revenue that will bring in. In response to Supervisor Johnsons question as to whether it was true that the County was giving that contract out at a loss to the County, Officer Ma stated it was a matter of the calculation method used: Finances estimated cost of per bed unit is $126 versus Probations estimated cost of $90. Officer Marquardt advised that it was his understanding that Finances computation was based upon the average utilization rate of the Detention Center as it exists today, which is an average of 20 youths; and Probations computation was based upon the capacity of the center, which is 45 youths. In response to Chairman Byers, Officer Marquardt advised that it is possible to get another grant in the future; however, he believed the $250,000 would carry through the end of next fiscal year. Officer Marquardt also stated that he anticipates entering into other agreements, which will have some impact on the operating budget, and sees no increase to the general fund for this fiscal year or the next fiscal year. Officer Marquardt agreed with Chairman Byers that the County has a Juvenile Detention Facility that is not being fully utilized, and that there is a need for the second pod in order to prevent overcrowding. In response to Supervisor Johnson, Interim Manager Skalicky stated that if the County proceeds with the grant and does not receive additional funding in the future, the County will have to dip into the general fund or make the decision to close the 2nd pod. Chairman Byers stated that, in his opinion, something needed to be done to fund the 2nd pod if its use was needed. Supervisor Johnson stated that since Officer Marquardt would be hiring people to run this pod, it would not be quite as easy as deciding not to fund it, but would require layoffs as well. Officer Marquardt stated that he did not see the Probation Departments budget as a given in any year; however, for 25 years the Probation Department has a history of responsible management, has not overspent its budget, cuts have been sustained as requested by the Board, and that the center is presently operating at approximately $33,000 under budget. Motion was made by Chairman Byers, and seconded by Supervisor Sockwell, to fund the project and approve the JCRF Grant award in the amount of $250,000. The following votes were recorded: Supervisor Sockwell Yes, Supervisor Johnson No, Chairman Byers Yes. The motion carried by majority vote. ITEM 54: The following item was pulled as requested by staff: Approval of contract for Professional Engineering Services between Mohave County and Mohave Engineering Associates, Inc., to provide the research and engineering necessary to complete the required improvements within Lake Juniper Estates Subdivision, Tract 3021. ITEM 63: Attorney Herbert advised the Board that the FCV reduction should read $950,000. Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to approve, with revisions as stated, the proposed settlement of Mohave Industrial Park v. Mohave County, TX 2000-00454 tax appeal. This settlement provides for a reduction in the full cash value of industrial manufacturing property from $1,090,826 to $950,000, resulting in an estimated tax reduction of $2,238.04 (from $38,798.23 to $36,560.19) for the 2001 tax year. ITEM 66: The meeting continued with discussion regarding a Zoning Use Permit on the NE SW NW 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. Jay MacEachern, applicant, stated that at the November meeting of the Planning and Zoning Commission they were denied the Zoning Use Permit for the following reasons: noise, sanitary/pollution conditions, and devaluation of property. Mr. MacEachern stated the plans were revised and were then approved by majority vote at the January meeting of the Planning and Zoning Commission. Mr. MacEachern presented pictures of the property to the Board, indicating the property was isolated, with the closest neighbor approximately mile away, the structure was totally enclosed in a soundproof building, and a septic system handled the pollution; therefore, he hoped the Board would approve his request. Laurie Brown, Scenic resident, stated concerns in regard to additional traffic on already-deplorable roads; environmental concerns caused by the use of pesticides, since 100% of residents are on well water and septic systems; and noise caused by barking dogs. Ms. Brown stated that many residents were opposed and asked that these issues be taken seriously. Chairman Byers stated that he had looked at the location, and attended a public meeting in the area, and there were a number of people opposed to the dog kennel. Mr. MacEachern stated that steam would be used for cleaning the pens instead of chemicals; although, the water table is 400 feet underground and by the time anything reached it, it would be purified. Ms. MacEachern, applicant, stated that no toxic dips for fleas and ticks would be used. Motion was made by Chairman Byers, seconded by Supervisor Johnson, and unanimously carried to adopt Board of Supervisors Resolution No. 2001-47 DENYING the Zoning Use Permit as stated. ITEM 67: Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to adopt Board of Supervisors Resolution No. 2001-52 - Zoning Use Permit on Lot 45, La Mesa Acres, Tract 4038, in Section 13, Township 19 North, Range 22 West, for a secondary residence in an A-R (Agricultural-Residential) zone, in the South Mohave Valley Area (east of State Highway 95, between Camp Mohave Road and Sterling Road at the end of River Valley Road), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. ITEM 68: Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to adopt Board of Supervisors Resolution No. 2001-76 DENYING the Zoning Use Permit on Lot 10, Block 1, New Kingman Addition, Unit 1, in Section 33, Township 22 North, Range 16 West, for a church in a R-1 (Single Family Residential) zone, in the Kingman Area (southwest side of Diagonal way, between Swan Drive and Mallard Drive), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. ITEM 69: BOARD OF SUPERVISORS SITTING AS BOARD OF DIRECTORS MOHAVE COUNTY FLOOD CONTORL DISTRICT: Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to approve staff recommendations for handling of the Property Floodplain Information (PFIs) determinations. ITEM 70: The meeting continued with discussion regarding the strobe lights on the 1300 foot FM radio broadcast antenna located in the Dolan Springs Area. Mary J. McCormick, representing Gateway Acres Landowners Association, addressed the Board in opposition to the strobe lights on the towers due to their brightness, and stated that, in her opinion, the lights affected residents medical conditions (such as bipolar and epilepsy), created a road hazard, and invaded their privacy. Nate Marler, representing the Lake Mojave Ranchos Community Council as President, stated that several people have come to him opposed to this issue. Mr. Marler suggested a dim red flashing light at the top for aircraft and small red lights at a decent distance. In response to Supervisor Sockwell, Mr. Marler stated that the lights change on a nightly basis, as you never know when they will be on or how bright they will be. John Ford, Dolan Springs resident, President of the Chamber of Commerce, and Supervisor Sockwells Administrative Assistant, stated that, in his opinion, the lights can affect television, cause seizures, affect property value, and questioned their effect on wildlife. Mr. Ford presented Supervisor Sockwell with documentation with signatures from people in several communities opposed to the lights, and he requested the tower be removed. In response to Chairman Byers, Supervisor Sockwell stated that he was familiar with the situation and had seen the tower. Mr. Ford stated the lights do not comply with FCC rules. He questioned if the company was properly licensed to install the lights and whether they had permission from the BLM, since it is BLM property. Mr. Ford stated that, in his opinion, they were in violation of the public nuisance law. D. A. Bear Knabe, resident of Dolan Springs, stated he had never seen lights like this on any kind of tower. Mr. Knabe advised that he was President of the Dolan Gang, and Vice President of the Chamber of Commerce, and he had received many complaints regarding the lights. John Magauire, local cattle rancher, stated that he had two towers within his sight and was concerned about animal welfare. In response to Supervisor Sockwell, Mr. Magauire stated that both towers next to him had lights. In response to Chairman Byers, Mr. Magauire stated the lights were like white strobe lights. Motion was made by Supervisor Sockwell, and seconded by Supervisor Johnson, to request that Staff work with the owner of the tower to correct the problem, to see if they can sequence the lights so they do not affect the livelihood of the people in the area, and if it is not corrected in three weeks, the item be brought back to the Board of Supervisors with the proposal that the tower be removed and relocated. Director Ballard advised that Planning and Zoning has been working with the tower company since Thanksgiving and the company has finally realized that they put the wrong light package on the tower, and another light package has been ordered and will be available in four to six weeks. Director Ballard stated that she would monitor the situation and if they are not replaced in three weeks, the item could be brought back to the Board; however, the company already stated they could not meet that timeline. Chairman Byers stated, and Supervisor Johnson concurred, that he thought the motion would handle that issue. The motion was unanimously carried. ITEM 71: Supervisor Sockwell stated that the item regarding the County use of Laughlin Air Service between Bullhead City and Phoenix, and the feasibility of having a county vehicle available at Sky Harbor Airport, was placed on the agenda as information only to the employees. ITEM 72: Supervisor Johnson stated that there was no standardization of all fees, insurance requirements, and policies regarding Mohave County parks, and he would like staff to generate a plan and checklist. Motion was made by Supervisor Sockwell, seconded by Chairman Byers, and unanimously carried to continue the item to March 19, 2001, so the Board would have the opportunity to preview the information supplied by Tom Brady, Parks Director. ITEM 73: Supervisor Johnson advised that the prior Board initiated the procedure of submitting claims to the Board for approval, and due to the procedure, bills are being delayed. It was Supervisor Johnsons opinion that all elected officials should be treated the same. Supervisor Johnson stated that claims can be viewed according to the Freedom of Information Act. Chairman Byers advised that he would like to talk with staff to see how the procedure would affect everyone. Chairman Byers stated that he did not know how he could rescind having his bills reviewed, or open to public inspection. Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to continue to the March 19th Meeting the item regarding treating all elected officials the same in regard to submitting travel requests and expenditures for Board of Supervisors approval. ITEM 74: The meeting continued with discussion regarding the site study for the new Sheriffs Office/Morgue to be located at the Armory site. Supervisor Johnson advised that funds had been authorized for three site selection surveys and only one had been done; and there was an old site plan done for a juvenile justice facility at the Armory location, therefore, he felt the County should update that plan, or find out what the costs would be for site preparation. Chairman Byers disagreed and stated that, in his opinion, he had done his research, and the project needed to proceed as the majority of the Board had voted to approve the Armory site, therefore, he took exception to the fact that the item had been brought up again. Robert Holsinger, Golden Valley resident, stated that, in his opinion, the site had been studied adequately and was an ideal site for the Sheriffs Department, therefore, the County needed to move forward. Lou Sorenson, Kingman City Manager, assured the Board that sewer and water were available at the site, and there was plenty of sewer capacity. In response to Supervisor Sockwell, City Manager Sorenson advised that all of the Kingman buildings in the old downtown area are on the Route 66 treatment plant. It is designed to operate at one-half million gallons per day and is currently operating at 350,000 gallons a day, therefore, there is additional capacity in that treatment plant for many years. In response to Chairman Byers, City Manager Sorenson stated that the Armory site should be able to attach to the sewer on Beale Street or Highway 66. In response to Supervisor Johnson, City Manager Sorenson stated that there is no ADEQ order to abandon the Route 66 site and go to the Hilltop site, however, that is a city issue that will be dealt with if there ever is an order not to operate that plant. In response to Supervisor Johnson, City Manager Sorenson advised that he would have to refer to the City Council to make the decision whether or not the City is willing to adopt a resolution stating that the County would not be responsible for any additional costs should it become incumbent upon the City of Kingman to abandon the site. City Manager Sorenson advised that the City has the capacity, and if the City were to walk away from the plant and not provide service, it would be destructive to the whole downtown area; therefore, the City has pledged to operate and provide sewage for the downtown area. Beverly Liles, President and CEO of the Kingman Area Chamber of Commerce, advised that the Chamber is in support of all County facilities being located in Kingman and in support of the Armory site. Tom Carter, Business and Government Relations Committee of the Kingman Area Chamber of Commerce, stated that the membership wholeheartedly agrees that the site had been voted on and passed; therefore, he would like the Board to respect their original vote. Paul McCormick, Kingman resident, stated that, in his opinion, the Armory site is a good site, and advocated the use of the sales tax money, as it becomes available, in order to avoid large interest charges. Sheriff Sheahan supplied the Board with photographs that had been taken of the Sheriffs Office and stated that it was imperative to begin construction of the Sheriffs Office, as the present building was a danger and a hazard to the employees and citizens entering the building. Sheriff Sheahan advised that, in his opinion, the Armory site was a good location, close to the interstate, and would not place any more burden on the sewer system, as they were already using the sewer system at the present location. Sheriff Sheahan concluded by stating that he hoped the Board would proceed so the employees had a safe operating facility so they could continue to serve the needs of the citizens of Mohave County. Les Byram, Kingman Mayor, advised that the sewer problem is a City not a County problem, and the City will take care of all of downtown, regardless of what kind of building is constructed. Mayor Byram urged the Board to listen to the Sheriff and not continue delaying and studying this issue. Motion was made by Chairman Byers, and seconded by Supervisor Sockwell, to stay with the previous decision of selecting the Armory site. Supervisor Johnson stated that he felt there was a misconception that he was trying to reconsider the site, and as the minority vote, he would not have been able to ask for reconsideration. Supervisor Johnson stated that he had no intention of reconsidering the site; however, a site survey would give an overall view of the cost and feasibility, as not to slow down the construction because of unforeseen problems. In response to Supervisor Johnson, Interim Manager Skalicky stated that the architect is at the point that they need to know the exact site, location, and detailed information, so they can design the building. In response to Supervisor Johnson, Interim Manager Skalicky advised that the infrastructure had been reviewed during the study of the seven or eight sites, although not in great detail. Supervisor Johnson advised that when he had talked to HDR they told him they were going on the record of what the City had told them about the sewer and, in his opinion, since the County is expending money, it is necessary to have all the information, so there are no surprises or cost overruns. In response to Supervisor Johnson, Attorney Ekstrom advised that the City had committed to reimburse the County for the costs of proposed facilities that could be built in the City, however, there had not been a meeting with the City to decide how that would be implemented. Interim Manager Skalicky advised that the waiving of building permit fees and inspection fees had been part of the discussion. In response to Supervisor Sockwell, Interim Manager Skalicky advised that HDR would return with a preliminary plan of what was actually going into the Sheriffs building and a hard cost to construct, so the Board could review before proceeding. Interim Manager Skalicky advised that if there were any problems, HDR should find them at that time. Motion was unanimously carried. ITEM 75: Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to authorize the payment of December invoices, billing statements, and claims for Superior Court mandated services of Juror Compensations, Legal Services, and Court Costs/Investigations in the amount of $35,878.53. ITEMS 77 & 78: Motion was made by Supervisor Sockwell, seconded by Chairman Byers, and unanimously carried to appoint Rodney Burgess to the Mohave County Planning and Zoning Commission for Supervisorial District 2; and reappointment of Bob Murasko and Jim Roberts to the Mohave County Transportation Commission for Supervisorial District 2. ITEM 79: Supervisor Johnson advised that the County had received grant funding for video arraignment in the Courts, and the County would have to start paying for the maintenance and upkeep because the warranties had run out; and the system was not being used, as the audio was terrible. He stated Interim Manager Skalicky and Attorney Herbert had looked at the equipment and found that if the microphone system was unplugged, the video was good, and telephones could be used to conduct arraignments. Supervisor Johnson stated that the purpose of agendizing this issue was to give an update regarding the project. Supervisor Johnson reiterated that the equipment had not been used for two or three years because of problems. Chairman Byers agreed that these types of matters needed to be brought to the Boards attention. In response to Supervisor Sockwell, Attorney Herbert advised that a demand letter had been sent to the vendor, demanding that the problem be fixed. Attorney Herbert advised that the purchase of good quality speakerphones would enable the system to be used more quickly, and that the Sheriffs Office felt that it was important enough that they would be willing to fund the cost of the majority of the speakerphones. As this was an update only, no action was needed. ITEM 80: The meeting continued with discussion regarding the reapportionment of jurisdictional boundaries in Mohave County that are impacted by the 2000 census figures. Supervisor Johnson stated that the Board should decide how the redistricting would be done, as the census figures would be available sometime in April. In response to Chairman Byers, Supervisor Johnson stated that the Board would need to go through the census tracks, and the districts needed to be divided up evenly, based on population. Supervisor Johnson concluded that, in his opinion, the Board members could redistrict without much problem. Chairman Byers and Supervisor Sockwell agreed. As this was information only, no action was taken. ITEM 82: Ron Nicholson addressed the Board regarding Section(s) of HB 2395, amendment to Title 42, Chapter 13, to add Article 10, Timeshare Interests, which would prohibit County Assessors from considering the sales prices of timeshare interests in determining the full cash value of any timeshare property for property tax purposes. Deputy Assessor Nicholson advised that the previous Board had voted for a new methodology applied to timeshares, which resulted in a different valuation, and was done in the interest of fairness and equity so that owners of property that are not timeshared would pay a tax compensate or equal to that of a timeshare owner. Deputy Assessor Nicholson advised that last week they became aware of legislation that was being initiated by Representative Leff in an attempt to circumvent the valuation process, which would place timeshares into the same category as agricultural property, shopping center property and golf course property, and would be given special consideration when it came to valuation, and would receive a benefit when it came to taxation as opposed to fair market value. Deputy Assessor Nicholson stated that he, Chairman Byers, and members of the Lake Havasu City Chamber of Commerce attended a meeting with Representative Leff with the Chamber taking a proactive stance in voting to oppose Article 10 of the legislation. Deputy Assessor Nicholson noted that the Arizona Association of Counties has directed their lobbyist to oppose the legislation, and that the assessors across the state have emailed Representative Leff requesting withdrawal of Article 10. Deputy Assessor Nicholson concluded with a request that Mohave Countys lobbyist be directed to pursue the same stance and send a letter on behalf of the Board to ask Representative Leff to remove Article 10. Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to direct Mike Williams, Lobbyist, to do whatever is necessary to oppose this legislation and direct the Chairman of the Board to send a letter of opposition. ITEM 81: Attorney Herbert reminded the Board that Jim Zaborsky was the Board of Supervisors representative to negotiate with Judge Pope regarding the Arizona Supreme Court Special Action titled Mohave County, et al. v. Honorable Gary R. Pope, et. al., CV-00-0196-SA, and appointing one or more persons to represent the Board of Supervisors in negotiations with Judge Pope regarding the Special Action and Board/Court budget dispute issues. Motion was made by Supervisor Sockwell, and seconded by Supervisor Johnson (for discussion), to appoint Chairman Byers to be the Board of Supervisors representative to negotiate with Judge Pope, as stated. Supervisor Johnson stated that the Board has been negotiating with Judge Pope for two years, and the Board is still held in contempt of court, therefore, in his opinion, there is not much room for further negotiations. The following votes were recorded on the motion: Supervisor Sockwell Yes, Supervisor Johnson No, and Chairman Byers Yes. Motion carried by majority. Chairman Byers recessed the meeting at 10:45 A.M. The meeting reconvened at 11:00 A.M. with the time set item. ITEM 76: Patty Mead, Health and Social Services Director, introduced Jerald Shingleton, Architect Clark & Associates Architect, Inc. Mr. Shingleton displayed the architectural drawings of the site plan and floor plan for the Lake Havasu City Senior Center, located at the corner of Acoma and Glen Eagle Drive. In response to Interim Manager Skalicky, Mr. Shingleton advised that the cost estimate of the project was at the maximum of the budget at this time. In response to Supervisor Johnson, Attorney Ekstrom advised that cost overruns happen, but can be controlled. In response to Chairman Byers, Mr. Shingleton advised that the proposed building was 12,190 square feet. Supervisor Johnson advised that the Seniors have raised money and quit claimed property to the County, Lake Havasu City had made a sizable contribution, and with the Countys CDBG Funds, no County General Fund money had been expended, at this time Director Mead advised that Brad Bixler, Senior Programs Manager, was working on grants to acquire additional funds for the project. Mr. Bixler stated that sizable donations are expected to come through on the Project, and their goal was to make it. Motion was made by Supervisor Johnson, seconded by Supervisor Sockwell, and unanimously carried to approve the architectural drawings, of the plans and specifications, for the Lake Havasu City Senior Center. Chairman Byers adjourned the meeting at 11:15 A.M., this 5th day of February, 2001. 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