MOHAVE COUNTY BOARD OF SUPERVISORS MOHAVE COUNTY, KINGMAN, ARIZONA SPECIAL MEETING MAY 21, 2001 The Board of Supervisors of Mohave County met in Special Session this 21st day of May, 2001, at 9:40 AM. In attendance were Pete Byers, Chairman; Tom Sockwell and Buster Johnson, Members; Ron Walker, County Manager; and Barbara Bracken, Clerk of the Board. The meeting was called to order by Chairman Byers, with the Invocation given by Reverend Billy Smith of Golden Valley Baptist Church, followed by the Pledge of Allegiance led by Supervisor Johnson. The following Mohave County Elected Officials and Department Heads addressed specific items as noted: William J. Ekstrom, Mohave County Attorney; Richard A. Skalicky, P.E., Public Works Director; Duc Ma, Financial Services Director; Patty Mead, Health and Social Services Director; Dave Seward, Procurement Manager; Chris Ballard, Planning & Zoning Director; and Tom Sheahan, Mohave County Sheriff. Motion was made by Supervisor Johnson, seconded by Supervisor Sockwell, and unanimously carried to call for an Executive Session to be held June 4, 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: There were no Committee or Legislative reports. ITEM 3: Manager Walker had nothing to report. ITEM 4: Motion was made by Supervisor Sockwell, seconded by Supervisor Johnson, and unanimously carried to approve the April 16, 16 (3:00), 19, and 24, 2001, Board of Supervisors Meeting Minutes as most recently drafted. Chairman Byers read and presented to Sue Baughman of the Trails Committee, a proclamation proclaiming June 2, 2001 as Arizona Trails Day - Community Trails: Pathways to Health in Mohave County. Ms. Baughman presented a poster and invited the Board to join them on June 2, 2001, at the Hualapai Mountain Park. Chairman Byers presented an award to Mohave County Health and Social Services, Nutrition and Health Promotion Division, for National Recognition of Innovative WIC Program. Director Mead advised that the Mohave County WIC Program was nationally recognized at the National WIC Organizations annual meeting in Myrtle Beach, South Carolina, for innovation in quality nutrition education. She advised that Mohave County WIC currently has the first, and only, interactive internet nutrition education classes in the nation, and introduced Carol Glick, Nutrition and Health Promotion Manager; Deborah Conter, WIC Supervisor; Mike Matthews, Information Technology Director; and Marianne Warmus (absent), Nutritionist; recognizing their collaborative efforts in getting these classes developed and on the website. Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to approve the Consent Agenda minus items 11, 19, 25, 29, and 34, as follows: 5. Approval of a Special Event Liquor License for Sarahs House for June 16 & 17, 2001, event to be held at 7602 Hwy 68, Golden Valley, Arizona. 6. Approval of a Special Event Liquor License for American Legion Post 103, for May 19, 2001, event to be held at 28940 N. Pierce Ferry Road, Meadview, Arizona. 7. Approval of a Special Event Liquor License for Golden Valley VFW Post 2555, for May 26, 2001, event to be held at 6068 Supai Road, Golden Valley, Arizona. 8. Approval of an Extension of Premises/Patio Permit for the Crows Nest Restaurant and Lounge, 890 Meadview Boulevard, Meadview, Arizona, for May 27, 2001. 9. Approve the reappointment of Grant Tapija, Jr. to the Mohave County Extension Advisory Board for a three year term, expiring January 31, 2004, as recommended by Pete Byers, Supervisor District 1. 10. Approve the appointment of the following as Mohave County Republican Precinct Committeemen: Vivian F. and Robert L. Feagins, Butler (11); and Lee E. Fabrizio, Mountainview (51), as requested by the Republican Central Committee. 12. Adoption of BOS Resolution No. 2001-171 Approving the Intergovernmental Agreement between Mohave County and Arizona Department of Commerce, Contract #208-01. 13. Acknowledge receipt and refer to the Mohave County Planning and Zoning Commission, for review and recommendation, a petition for an Abandonment of a portion of a 32-foot public utilities and drainage easement, running generally east-west 179.95 feet between Parcels 382 and 383, Meadview Valley, Unit 2, in Section 12, Township 30 North, Range 17 West, in the Mohave County General Area (east of Pierce Ferry Road and north of Basin Road), Mohave County, Arizona. 14. Acknowledge receipt and refer to the Mohave County Planning and Zoning Commission, for review and recommendation, a petition for an Abandonment of a portion of 50-foot roadway easements running along the south and west sides of the SW1/4 SW1/4 of Parcel 231, in Section 4, Township 21 North, Range 18 West, in the Golden Valley Area (south of State Highway 68 and between Verde Road and Adobe Road), Mohave County, Arizona. 15. Accept quitclaim deed from the Lake Havasu City Meals on Wheels for property adjacent to the new senior center at 470 S. Acoma Boulevard, Lake Havasu City, to be used for additional parking and the new senior center park. 16. Approval of the Ryan White Title I Agreement with Clark County Health District, effective March 1, 2001 through February 28, 2002, in the amount of $199,332, and approval of a 1.0 benefits eligible FTE, to be split-funded with the HIV Education Program. 17. Approval of HIV Prevention Services Contract No. 152030, Amendment No. 1 with Arizona Department of Health Services, effective January 1, 2001, through December 31, 2001, in the amount of $35,695. 18. Approval of Contract Amendment #15 with Western Arizona Council of Government (WACOG), in the amount of $70,000, with a 10% match from existing County Senior Program Funds and approval of revised budgets. 20. Set for Public Hearing on June 4, 2001 a petition to establish North Roosevelt Street, beginning at Jagerson Avenue and ending at 2589 Jagerson (approximately) with a general course and direction of North of Jagerson, as a County Highway, in the Butler area of Kingman. 21. Acknowledge receipt of and refer to Public Works, for review and recommendation, a petition to have included in the County Tertiary Road Maintenance System, portions of Lone Starr, beginning at Mountain View and ending at Harquahala Drive, with a general course of East and West, located in Mohave Valley, Arizona. 22. Acknowledge receipt of and refer to Public Works, for review and recommendation, a petition to have included in the County Tertiary Road Maintenance System, portions of Pescador Drive, beginning at Mountain View and ending at Aquarius, with a general course of East and West, located in Mohave Valley, Arizona. 23. Approve Real Estate Purchase Contract and Escrow Instructions between David D. Smith and Mohave County for the purchase of Lots 437, 404, and 444, Lake Mohave Ranchos, Unit 8, 1st Amended (Parcels 328-04-411, 328-04-383, and 328-04-416) for the purpose of acquiring necessary right-of-way for Pierce Ferry Road. 24. Sitting as the Board of Directors of Golden Valley Improvement District No. 1: Approve the Contract with EZ Construction Management Services, Ed Zurcher, President, for Forty-five ($45)/hr, with a Not to Exceed Thirty-five Thousand ($35,000), to provide Construction Inspection Services for the One Million Seven Hundred Thousand Dollar ($1,700,000) Golden Valley Construction Project Phase IV, to be performed by a Contractor not yet selected. 26. Approve and execute Change Order No. 1 (increase in contract amount of $19,250) to the Agreement for Construction Inspection Services for ELZ Enterprises, Inc., d.b.a. EZ Construction Management Services, relative to the I-40 Industrial Corridor Water system. 27. Approve and execute Change Order No. 9 (increase in contract amount of $57,300.72) to the Contract between Mohave County and the B. L. Weber Group, Inc., relative to the I-40 Industrial Corridor Water system. 28. Approve the Contract for Engineering Services between Mohave County and Mohave Engineering Associates, Inc., in the amount of $49,587. 30. Approval of the Community Nursing Services Contract No. 961124, (NICP) Amendment No. 2, with the Arizona Department of Health Services, in the amount of $40,400. The contract term is extended to June 30, 2002. 31. Approval of the Food Program Service Agreement between Mohave County Juvenile Detention Center and the Arizona Department of Education Child Nutrition Programs for FY 2001-2004. 32. Allow Mohave County Airport Authority, Inc., to use portions of Mohave Countys Seal on their seal. 33. Acknowledgement of properties donated to Mohave County Airport Authority, Inc., by Donald J. Laughlin. 35. Approve the extension of Bid 96-P-11 Library Collection Services to Unique Management Services, Inc., for an additional one (1) year period from June 3, 2001 through June 2, 2002. ITEM 11: Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to continue the item after Item 54, regarding authorizing the Evaluation Committee established for Design, Engineering and Construction of a New Sheriffs Office (and Morgue), RFP No. 01-P-02, to enter into negotiations with the Architectural Firm of Tate Snyder Kimsey, Las Vegas, Nevada, selected as the most qualified firm, and report back to the Board of Supervisors the negotiated fee and contract. ITEM 19: Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to continue the item regarding the approval of the Indigent Defense Conflicts Agreement(s) and authorize the Board Chairman to sign the Agreement(s), as requested by staff. No Board action was taken. ITEM 25: Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to continue the item regarding the approval of the Contract for professional services between Mohave County and the National Center for State Courts of Williamsburg, Virginia, to conduct a comprehensive study of justice court operations and specific superior court operational areas, to be funded through Fill the Gap funds, as requested by staff. No Board action was taken. ITEM 29: Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to continue the item regarding the adoption of BOS Resolution No. 2001-178 - Policy for appeal of licensing decisions made by the Mohave County Department of Health and Social Services concerning onsite wastewater disposal systems pursuant to Delegation Agreement No. 00-0025 with the Arizona Department of Environmental Quality, as requested by staff. No Board action was taken. ITEM 34: Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to continue the item regarding the Grant of Easement of a 16 foot strip of land, being a portion of Section 30 and 31, T21N, R21W, in Bullhead City, across properties owned by Mohave County and leased to Mohave County Airport Authority, Inc., as requested by staff. No Board action was taken. ITEM 36: Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to continue the item regarding the standardization of all fees, insurance requirements, and policies regarding Mohave County Parks, as requested by staff. No Board action was taken. ITEM 37: Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to continue the item regarding the Board of Supervisors appointments to the Indigent Criminal Defense Committee, as requested by staff. No Board action was taken. ITEM 38: Motion was made by Supervisor Sockwell, and seconded by Chairman Byers, to continue, until after the Department of Environmental Qualitys public hearing on May 27, 2001, Mohave Generating Stations request for a variance, as requested by Attorney Ekstrom. Supervisor Johnson advised that a stand needed to be made now, not after the hearing and, in his opinion, based upon available information, opacity would be a big problem. He advised that in the Golden Shores/Topock area there were problems with the emissions from the plant, and he recommended that the Board make a stand against the opacity variance. Supervisor Sockwell read the following letter written to Mr. Close, Chairman, Nevada State Environmental Commission, from the Laughlin Chamber of Commerce: Dear Mr. Close: The Laughlin Chamber of Commerce supports the Mohave Generating Stations variance request to increase opacity and thereby supply emergency power to an estimated 200,000 homes. The Chamber believes that the additional capacity that can be made available from the generating station, when the west is experiencing shortages of electrical power, is important to meeting the public safety and welfare needs of the region. We request our position be included in any public comments considered by your agency. The Chamber of Commerce, a regional business association consisting of 400 members, remains sensitive to environmental issues and anxiety. Chamber officials must maintain equilibrium between those concerns with the very serious struggles to satisfy those concerns by one of our areas most community-minded and economically beneficial employers the Mohave Generating Station. Most pressing is our regions energy crisis and its harmful impact on our economy and safety. Obviously, our local township is just one of hundreds suddenly trying to balance the dire need for more energy with the call for conservation. Because we understand that the plant is operating within Environmental Protection Agency Standards and the variance will not create a health hazard, our community has a unique opportunity to be part of a solution albeit temporary. The Laughlin Chamber of Commerce has been kept well informed over the past three years regarding Mohave Generating Stations reported contribution to the haze at the Grand Canyon, its settlement of a law suit and subsequent agreement to install $350 million in scrubbers, and the recently halted sale of the plant to AES. We know from key staff members of the NDEP that the request to increase opacity, twice supported by located government agencies, and NDEP in the past year, will not pose a health threat to our visitors, residents, or air quality in general. We welcome you to our community to hold your June meeting and applaud you for allowing civic leaders in our area to participate as stakeholders in your decision-making. Please contact either of us at the Laughlin Chamber. Sincerely, Terry Ursini, President, and Jo Elle Hurns, Executive Director. The following roll call votes were recorded: Supervisor Sockwell Yes, Supervisor Johnson No, and Chairman Byers Yes. Motion carried by majority vote. ITEM 39: The meeting continued with the item regarding allowing the General Fund central services departments to charge for services they provide to departments, or programs funded by special revenue and/or fees for services, and as will be determined by the Annual Cost Allocation Plan prepared by the Finance Department, provide salary adjustments for general funded positions. Manager Walker delivered a presentation which indicated it was in the Countys best interest that no salary adjustments be granted. He stated that the end of the fiscal year figures show an ending fund balance of $189,440. He advised that figures for FY 2002 show that expenses exceed revenue by $686,813. Manager Walker stated that a preferred contingency fund balance would be 1.2 million dollars. He advised that by the end of 2002 the County would need to do one of two things: either reduce our budget by 1.9 million dollars, and/or increase our revenue by 1.9 million dollars. Manager Walker stated that with departmental requests for 2002 being 1.3 million dollars over budget, the County is looking at a 3.2 million deficit at the end of the next fiscal year. He stated that pay raises would have cost $335,000 this year, and $543,000 next year. Manager Walker advised that we need to take a long term approach in restoring fiscal integrity. In response to Chairman Byers, Manager Walker advised that no action needed to be taken regarding this item. ITEM 40: Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to continue the item regarding the status report on the Arizona Department of Environmental Quality Delegation Agreement Amendment. ITEM 41: Motion was made by Chairman Byers, seconded by Supervisor Johnson, and unanimously carried to continue the item regarding the recommendation from the Mohave County Public Land Use Committee in relation to the reassessment issues of National Monuments. ITEM 42: The meeting continued with the City of Needles Californias request to have Mohave County eliminate the $4.77 per ton surcharge, and $2.00 per ton wildcat dumping charge, currently levied against City solid waste received at the Mohave Valley Landfill. Director Skalicky recommended that the $4.77 surcharge be maintained, and the $2.00 surcharge for wildcat dumping be eliminated, retroactive to the first of the year. Motion was made by Supervisor Johnson, seconded by Supervisor Sockwell, and unanimously carried to approve the request as recommended by Director Skalicky. ITEM 43: Chairman Byers advised that he was requesting permission to write a letter on behalf of the County in reply to the Secretary of the Interiors request that the County indicate their concerns on behalf of our constituents regarding the Monuments, i.e., Grand Canyon/Parashant in Mohave County, as established by then Secretary of the Interior Bruce Babbitt and President Bill Clinton. Chairman Byers advised that the letter would state that the County has 38 BLM permittees in the strip area, and that the people that live in the area have been requesting that the monument be scaled down from 1,052,000 acres. Motion was made by Supervisor Johnson, seconded by Supervisor Sockwell, and unanimously carried to grant Chairman Byers permission to write a letter on behalf of the County, as requested. ITEM 44: The meeting continued with the Board of Supervisors sitting as the Board of Directors of the Golden Valley Improvement District regarding Valley Pioneer Water Companys request to make an emergency water connection with the GVID water system. Supervisor Johnson advised that there is contention between the Golden Valley Improvement District and Valley Pioneer Water Company regarding past emergency hook-ups. He advised that Valley Pioneer has a greater user base than GVID and, in his opinion, Valley Pioneer has not kept up the infrastructure. Supervisor Johnson stated GVID residents pay taxes to have the system which allows them to sell water to Valley Pioneer, and he would like the Board to send a letter to GVID residents advising them of the sale of water to Valley Pioneer, and see if it would be feasible for Valley Pioneer to become members of Golden Valley Improvement District and pay the same kind of fees. He advised that if Valley Pioneer does not have the money to make improvements, then maybe it is time to combine the forces. In response to Chairman Byers, Director Skalicky advised that he concurred with Supervisor Johnson regarding some type of a combination, or an on-going, long-term sales agreement. He advised that GVID does have the capacity to pump the water and Valley Pioneer has the customer base, so basically it is a win-win situation. Robert Holsinger, Golden Valley resident and Valley Pioneer customer, advised that when the connection is made with GVID due to an emergency situation, Valley Pioneer is paying a higher rate, as GVIDs rate is about twice the rate. He advised that should GVID have a failure in their system, Valley Pioneer would supply water to them at the Valley Pioneer rate. Mr. Holsinger stated that he took exception to Supervisor Johnsons comment that Valley Pioneer Water Company is inefficient. He advised that Valley Pioneer asked the Arizona Corporation Commission for a 14% increase in the water rates, and they recently acquired a loan to put in a number five well. He stated that GVID has an excellent system that is overbuilt and has water available that they can sell, therefore, he does not see why there should be any objection to selling water to Valley Pioneer, and that should be pointed out if a letter is sent. In response to Supervisor Johnson, Mr. Holsinger advised that there was one well down. Supervisor Johnson advised that Valley Pioneer keeps adding people onto their system, which over works the wells, and they can not continue to rely on Golden Valley Improvement District. He stated that, in his opinion, the people of GVID should have a voice in this matter, as it is their tax dollar. Mr. Holsinger advised that Valley Pioneer has approximately 1,400 customers. He stated that in 1996 the Arizona Corporation Commission advised that Valley Pioneer had the capacity to supply 1,900 customers. Director Skalicky advised that the County did not have a formal agreement in place for an emergency connection, and questioned whether the Board would like to have one. In response to Director Skalicky, Chairman Byers stated that he did not want to see anyone do without water if there is water available, and something was needed for an emergency. Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried for staff to bring back a recommendation for an agreement, and that a letter be sent to members of the Golden Valley Improvement District to let them know exactly what is happening and get their input. ITEM 45: Motion was made by Supervisor Johnson, seconded by Supervisor Sockwell, and unanimously carried to reconsider the Original Liquor License application for Norma Reed, dba Sand Point Cafe, Highway 95, Cattail Cove Exit, Lake Havasu City, Arizona, Series 12, as DENIED by the Board on May 7, 2001. Leonard Moschcau, Lake Havasu City resident, stated that, in his opinion, the applicant, Norma Reed, was applying for this license to accommodate long time friends Dale and Linda Roberts, Dales Kitchen, as they were denied a license themselves. He advised that Ms. Reed had stated she purchased Dales Kitchen, however, it was still being operated by Dale Roberts, and is being advertised under the name of Dales Kitchen. In response to Supervisor Johnson, Mr. Moschcau stated that the Roberts and Ms. Reed had not contacted him prior to this meeting, as Supervisor Johnson had requested. Norma Anne Reed, applicant, apologized for missing the last meeting and thanked the Board for reconsidering her application. In response to Mr. Moschcaus inquiries, Ms. Reed advised that Linda (Roberts) is her best friend, she bought the business from the Roberts, they will be working for her, and she is leasing from Sand Point Marina for $400 per month. She advised that the Roberts salaries, as well as all her employees salaries, were private. Ms. Reed stated that she had filed an amendment with the Arizona Department of Liquor Licenses and Control for the name to be changed from The Caf at Sand Point Marina, Dales Kitchen, to Dales Kitchen at Sand Point Marina, as the name is established and draws business. She advised that she will be signing checks, she will be managing the money, and she will be reporting to Mr. Tucker, owner of Sand Point Marina. In response to Mr. Moschcau, Ms. Reed advised that she paid $1,000 for the business with an agreement, on a personal level, to help the Roberts pay their mortgage payment. In response to Supervisor Johnson, Ms. Reed stated that the legal difficulties between Mr. Moschcau and the Roberts had nothing to do with her, and the Roberts were now only involved in the business as employees. Robert Tucker, Vice President of Operations of Sand Point, Inc., owners of Sand Point Marina and RV Park, verified that Norma Reed has purchased the business from the Roberts, has signed a lease agreement through April 21, 2002, and does operate the business. In response to Chairman Byers, Ms. Reed advised that the issue surrounding this application involved a lawsuit with the previous owners and Mr. Moschcau regarding a building they had leased from him; although sympathetic to Mr. Moschcaus position, it was not, in her opinion, her responsibility to resolve those issues. Mr. Moschcau advised that he had a judgment against the Roberts for taking equipment out of his building, and because of this, their liquor application had been denied. In response to Chairman Byers, Attorney Ekstrom advised that the consideration for a liquor license goes to the applicant as to their character, criminal background, etc., and does not go beyond that when making a recommendation to the liquor board. Supervisor Johnson stated the reason he placed this on the agenda for reconsideration was because Mr. Tucker advised him that this was a totally different entity with no association with the previous owners. Supervisor Johnson advised that he had requested the Roberts to meet with Mr. Moschcau to alleviate his fears that this was being done to circumvent the system, and that was never done, therefore, in his opinion, nothing had changed. Motion was made by Supervisor Johnson to recommend denial of the application. Motion died for lack of a second. Motion was made by Chairman Byers, and seconded by Supervisor Sockwell, to approve an Original Liquor License application for Norma Reed, dba Sand Point Cafe, Highway 95, Cattail Cove Exit, Lake Havasu City, Arizona, Series 12. The following roll call votes were recorded: Supervisor Sockwell Yes, Supervisor Johnson No, and Chairman Byers Yes. Motion carried by a majority vote. ITEM 46: Discussion ensued regarding vending machines on County properties, possible RFPs and/or contracts. Supervisor Johnson advised that this item had been on a past agenda and nothing had been done and he felt there was an issue of proprieties, and the County needed to go out for RFPs. He stated that there were revenues being generated from the vending machines that should be controlled by the County, therefore, he requested that direction be given to Manager Walker to take the appropriate action. In response to Supervisor Sockwell, Manager Walker stated that, as far as he knew, each department that has vending machines in their area has been negotiating with the provider of those machines and some of the money goes into employee recreation funds, etc., and he knew of no management or control system that was in place. He advised that in the Federal sector vending money was set aside for the disabled and blind individuals. Chairman Byers advised that he did not see a lot of money being generated from vending machines, and the people using them were the ones benefiting. In response to Manager Walker, Attorney Ekstrom advised that since the money is not generated by any County activity, he did not think it would be characterized as County money. Attorney Ekstrom stated that, with regard to the federal Randolph-Sheppard act, the law requires that the County work with the DES in providing opportunities to disabled and blind individuals and in the past the County had tried to solicit vending machine participation and did not receive a response. Manager Walker advised that a letter had been received from the Vanishing Childrens Alliance requesting participation and, therefore, he felt this item should be continued to allow staff to take a look at the whole picture. Chairman Byers stated that not only did the employees not get a raise, but now the County wanted to take away their vending machines so they can not have a Christmas party. Supervisor Johnson stated that, in his opinion, there was a legal question here and he believed that people had been prosecuted before for thefts of monies. He advised that the vending machines were in County buildings, which County tax dollars pay for, the machines use electricity that County tax dollars pay for, and he believed that the money generated should be controlled by the County. Supervisor Johnson advised that when there is no control there is no idea how much money is going through, who collects the money, who sets up vending machine contracts, etc., and the County needed to protect itself. Manager Walker advised that he had more questions than answers, and no one was proposing that there be no machines in the area, but only that the legal ramifications be checked out. No action was taken on this item. ITEM 47: The meeting continued with the Board sitting as the Board of Directors of the Mohave County Library District. In response to Supervisor Johnson, Attorney Ekstrom stated that he opined verbally at the last meeting, and provided a written opinion regarding the legality to hold a Pet Food for Fines Campaign. In response to Supervisor Johnson, Attorney Ekstrom advised that the Pet Food for Fines was merely a program to accomplish a certain goal and not viewed as giving away County property. He advised that the Board does have some discretion in deciding policy matters. Motion was made by Supervisor Sockwell, and seconded by Chairman Byers, to approve Food for Fines whether it be human or pet food. The following roll call votes were recorded: Supervisor Sockwell Yes, Supervisor Johnson No, and Chairman Byers Yes. Motion carried by a majority vote. ITEM 48: Motion was made by Chairman Byers, seconded by Supervisor Sockwell, and unanimously carried to authorize the payment of April invoices, billing statements, and claims for Superior Court mandated services of Juror Compensation, Legal Services, and Court Costs/Investigations, in the amount of $28,908.01. ITEM 49: Chairman Byers opened the Public Hearing regarding the adoption of Resolution No. 2001-171- adopting Ordinance 2001-03 An ordinance amending Section 25, Setbacks And Area Requirements, and Section 27.F General Provisions, Yard Projections of the Mohave County Zoning Ordinance regarding residential setback and yard projections. Director Ballard advised the Board that the Zoning Ordinance was originally adopted in 1965 and has been amended over and over, therefore, is a housekeeping measure, and she, staff, and the Planning & Zoning Commission recommended approval. There being no written or verbal input, Chairman Byers declared the Public Hearing closed. Motion was made by Chairman Byers, seconded by Supervisor Sockwell, and unanimously carried to adopt BOS Resolution No. 2001-171 adopting Ordinance 2001-03, as stated. ITEM 50: Chairman Byers opened the Public Hearing regarding a Letter of Petition to accept certain access and interior streets within GreenWood Village subdivision into the Mohave County Road System for maintenance as unpaved streets to the degree of improvement at which they are accepted. There being no written, or verbal input, Chairman Byers declared the Public Hearing closed. Motion was made by Chairman Byers, seconded by Supervisor Sockwell, and unanimously carried to take no action on this item, as recommended by Staff. ITEM 51: Chairman Byers opened the Public Hearing regarding the establishment of the Legend Trails Improvement District of Mohave County, Arizona. Director Skalicky advised that he had received a letter from Michael Sawhill of Legend Land, LLC, in favor of forming the district. There being no other written, or verbal input, Chairman Byers declared the Public Hearing closed. Motion was made by Supervisor Sockwell, seconded by Chairman Byers, and unanimously carried to adopt BOS Resolution No. 2001-216 - Establishment of the Legend Trails Improvement District of Mohave County, Arizona. ITEM 52: Chairman Byers opened the Public Hearing regarding the establishment of the Arvada Ranch Improvement District of Mohave County, Arizona. Director Skalicky advised that he had received a letter from Alan A. Green, Arvada Ranch Properties, LLC, requesting that this item be continued and no action be taken on this petition until rescheduling occurs. There being no other written or verbal input, Chairman Byers declared the Public Hearing closed. Motion was made by Chairman Byers, seconded by Supervisor Sockwell, and unanimously carried to continue the item regarding the adoption of BOS Resolution No. 2001-217 - Establishment of the Arvada Ranch Improvement District of Mohave County, Arizona, as requested. ITEM 53: The meeting continued with the Board sitting as the Board of Directors of the Mohave County Flood Control District: Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to 1) Approve and agree to the Agreement for a Release, Defense, Indemnification and Hold Harmless Related to a Variance; 2) Approve and Adopt Flood Control Resolution No. 2001-01 - Granting a variance, from Mohave County Flood Control Ordinance-2000, to allow a commercial buildings (International Wholesale Supply, Inc.) finish floor elevation below the regulatory flood elevation at the structure located in T14N, R20W, Section 21, SW , at 3006 London Bridge Road, just north of the Lake Havasu City limits; Parcel 120-050-055; 3) Authorize the Chairman and Clerk, as indicated, to sign, process and record the Agreement and Resolution; and 4) Authorize the District, through its Manager or Administrator, or their designees, to process and administer the terms of the Agreement and Variance, with direction to the County Attorney to make the necessary corrections to the contract. ITEM 54: Sheriff Sheahan requested that the Board remove the building of the morgue from the Request for Proposals, and move forward with the building of the Sheriffs Office, due to the Countys present financial condition, and the cost of the proposed morgue. In response to Supervisor Sockwell, Sheriff Sheahan advised that the County has a facility that is maintained and paid for by Dr. Nelson, the present contracted Medical Examiner. In response to Supervisor Sockwell, Sheriff Sheahan advised that the morgue was not going to be replaced by a pistol range as rumored and, in fact, the pistol range was part of the proposal that was given to the bidders. Walter Lietz, Lake Havasu City funeral director, representing other funeral directors within Mohave County explained that a standing committee has been working on facilitating a new morgue facility. He stated that in the past the funeral directors have provided their facilities to Mohave County, but under OSHA rules and federal and state regulations, they can no longer provide the necessary services because of health hazards. Mr. Lietz stated that, in his opinion, without a proper facility, the County cannot obtain a forensic medical examiner, therefore, the funeral directors encourage the Board to proceed with this desperately needed facility. Manager Walker advised that an RFP was going to be requested and questioned whether the RFP could be done with the morgue facility, whether it was built or not. He stated that a well thought out course of action was necessary to best serve and best suit our long term needs. Motion was made by Supervisor Sockwell, and seconded by Supervisor Johnson (for discussion) to continue this item. In response to Chairman Byers, Manager Seward advised he needed the Boards direction on how to proceed, i.e., whether it is just a Sheriffs Office with a morgue, or without a morgue. Chairman Byers advised that, after sitting in on the architect presentations, the problem he foresees is that the Sheriffs Office has to be designed around the morgue, not the morgue around the Sheriffs Office, due to smells, ventilation, etc., therefore, in his opinion, it is a very big decision to postpone the morgue project. Manager Seward advised that the Board also needed to consider Item 11. He advised that representatives of Tate Snyder Kimsey Architects were present, if the Board had any questions. Sheriff Sheahan advised that he did not have a problem with the morgue being built, he just wondered if, before spending a million dollars, it would be best to hire a Medical Examiner to be involved in the building. Randy Spitzmesser, Project Architect and Mark Sticha, Project Manager for Tate Snyder Kimsey Architects, introduced themselves to the Board. Mr. Sticha advised that there were several different ways the morgue could be looked at: could be master planned, could look at shelling for it, or it could become an alternate in a bid package, depending on finances, etc. Mr. Spitzmesser advised that there is a benefit to having a Medical Examiner in place in order to facilitate decisions regarding the services they would provide. He stated that in their proposal they could break down a separate cost for designing a morgue, however, the actual cost of construction would need to be researched with the County in order to assess the needs. Motion carried by a majority vote. ITEM 11: Motion was made by Chairman Byers, and seconded by Supervisor Sockwell, to authorize the Evaluation Committee established for Design, Engineering and Construction of a New Sheriffs Office (and Morgue), RFP No. 01-P-02, to enter into negotiations with the Architectural Firm of Tate Snyder Kimsey, Las Vegas, Nevada, selected as the most qualified firm, and report back to the Board of Supervisors the negotiated fee and contract, with and without a morgue. In response to Supervisor Johnson and Manager Seward, Chairman Byers advised that the County would be negotiating and receiving two quotes from the architect, one with and without a morgue. Manager Walker advised that a decision was still needed regarding long term strategy regarding the morgue, medical examiners, etc. Supervisor Johnson stated that this is merely negotiations and will be brought back to the Board for a decision. Motion carried unanimously. ITEM 55: Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to appointment of Carl Flusche to the Planning & Zoning Commission for Supervisorial District 3. The term will be from 05-21-2001 to 05-21-2005. ITEM 56: In response to Supervisor Johnson, Manager Seward and Director Ma advised that the money for the lease/purchase of the mail inserting system was coming out of the Communication Departments budget, special revenue outside of the general fund. Motion was made by Chairman Byers, seconded by Supervisor Johnson, and unanimously carried to approve the award of a lease/purchase for Bid No. 01-B-08 Mail Inserting System to Pitney Bowes, Albuquerque, New Mexico, for a term of 60 months, at $1,619 per month, with an acquisition amount of $10,500 due and payable at lease expiration. ITEM 57: Motion was made by Supervisor Johnson, seconded by Supervisor Sockwell, and unanimously carried to approve the monthly report for Procurement Activity between $10,000 and $35,000. There being no further business to come before the Board of Supervisors this 21st day of May, 2001, motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to adjourn at 11:10 AM. 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