MOHAVE COUNTY BOARD OF SUPERVISORS MOHAVE COUNTY, KINGMAN, ARIZONA REGULAR MEETING JUNE 4, 2001 The Board of Supervisors of Mohave County met in Regular Session this 4th day of June, 2001, at 9:40 AM. In attendance were Pete Byers, Chairman; Tom Sockwell and Buster Johnson, Members; Ron Walker, Mohave County Manager; and Barbara Bracken, Clerk of the Board. The meeting was called to order by Chairman Byers, followed with the invocation given by Duey Buchanan of the Christian Science Society, and 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; Chris Ballard, Planning and Zoning Director; Deborah Herbert, Chief Civil Deputy County Attorney; Duc Ma, Financial Services Director; Mike Matthews, Information Technology Director; Paul Thomas, Limited Jurisdiction Court Administrator; Dave Chevalier, Chief Deputy Treasurer; Ron Nicholson, Chief Deputy Assessor; and Linda Semm, Human Resources Director. Motion was made by Supervisor Sockwell, seconded by Supervisor Johnson, and unanimously carried to call for an Executive Session to be held June 18, 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: Chairman Byers advised that he had attended an Arizona Department of Environmental Quality Nitrate Management Meeting. He advised that instead of the whole State, there are now nitrate management areas, and the problems are being worked out. ITEM 3: No County Manager report. ITEM 4: Motion was made by Supervisor Sockwell, seconded by Supervisor Johnson, and unanimously carried to approve the May 7, 2001, Board of Supervisors Meeting Minutes. Motion was made by Supervisor Johnson, seconded by Supervisor Sockwell, and unanimously carried to approve the Consent Agenda as follows minus Items 36 and 40: 5. Adoption of Board of Supervisors Resolution No. 2001-179 - Extension of Time of the assurance for the completion of improvements for Centennial Park, Unit I, Tract 3505, being a subdivision of a portion of the NE of Section 18, Township 41 North, Range 6 West, in the Arizona Strip Area (immediately south of the town of Colorado City, west of State Highway 389), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 6. Adoption of Board of Supervisors Resolution No. 2001-180 - Rezone of the S SE SE NE of Section 2, Township 39 North, Range 16 West, from R-E/10A (Residential-Recreation/Ten Acre Minimum Lot Size) zone to R-E/1A (Residential-Recreation/One Acre Minimum Lot Size) zone, in the Arizona Strip Area (south of Interstate 15 and east of Scenic Boulevard), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 7. Adoption of Board of Supervisors Resolution No. 2001-181 - Zoning Use Permit on the W NE of Section 34, in Township 40 North, Range 16 West, for a wireless communication facility with a 195-foot tower in an A-R (Agricultural-Residential) zone, in the Arizona Strip Area (south of County Highway 91, approximately 2 miles east of Nevada State Line), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 8. Adoption of Board of Supervisors Resolution No. 2001-182 - Extension of Time For a Zoning Use Permit on Lot 5, Block 6, Perry Acres, Tract 4007, in Section 13, Township 18 North, Range 22 West, for a 40-foot Recreational Vehicle as a secondary residence in an A-R (Agricultural-Residential) zone, in the South Mohave Valley Area (east of State Highway 95, between Jerome Avenue and Hulet Avenue), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 9. Adoption of Board of Supervisors Resolution No. 2001-190 - Rezone of the N of Lot 16, Mohave Mesa, Tract 1021, in Section 27, Township 19 North, Range 22 West, from C-2 (General Commercial) zone to C-2H (General Commercial Highway Frontage) zone, in the South Mohave Valley Area (west side of State Highway 95 between Torrance Road and Hammer Road), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 10. Adoption of Board of Supervisors Resolution No. 2001-191 - Rezone of Lot 68, Mohave Mesa, Tract 1021, in Section 27, Township 19 North, Range 22 West, from C-2 (General Commercial) zone to C-MO (Commercial-Manufacturing/Open Lot Storage) zone, in the South Mohave Valley Area (west of State Highway 95, between Corona Road and Gardena Road), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 11. Adoption of Board of Supervisors Resolution No. 2001-192 - Zoning Use Permit on Lot 4 and the S of Lot 3, Block A, Fort Mohave Mesa Ranchos, in Section 26, Township 19 North, Range 22 West, for a residence in a C-MO/3A (Commercial-Manufacturing/Open Lot Storage/Three Acre Minimum Lot Size) zone, in the South Mohave Valley Area (northeast corner of State Highway 95 and Wagon Wheel Lane), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 12. Adoption of Board of Supervisors Resolution No. 2001-193 - Extension of Time For a Zoning Use Permit on the southerly 348.48 feet of the easterly 125 feet of Parcel 267, parallel with and lying northerly of the northerly right-of-way line of State Highway 68, in Section 10, Township 21 North, Range 19 West, for a wireless communication facility with a 125-foot tower in an A-R/10A (Agricultural-Residential/Ten Acre Minimum Lot Size) zone, in the Golden Valley Area (north of State Highway 68, between Egar Road and Estrella Road), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 13. Adoption of Board of Supervisors Resolution No. 2001-195 - Rezone of Lot 1, Block A, Golden Sage Ranchos, Unit 54, excluding the US Highway 93 right-of-way, in Section 1, Township 21 North, Range 18 West, from A (General) zone to C-2H (General Commercial Highway Frontage) zone, in the Golden Valley Area (southwest corner of Agua Fria Drive and US Highway 93), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 14. Adoption of Board of Supervisors Resolution No. 2001-196 - Zoning Use Permit on the S SW of Parcel 107, as shown on Record of Survey Book 1, Page 47, in Section 14, Township 21 North, Range 18 West, for a secondary residence in an A-R/10A (Agricultural-Residential/Ten Acre Minimum Lot Size) zone, in the Golden Valley Area (south of State Highway 68, between Aztec Road and Bacobi Road), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 15. Adoption of Board of Supervisors Resolution No. 2001-197 - Rescission of BOS Resolution No. 91-130 which approved the Rezone of Lots 7 and 12, Block A, Golden Sage Ranchos, Unit 65, in Section 9, Township 21 North, Range 18 West, in the Golden Valley Area (north of State Highway 68, between Adobe Road and Verde Road), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 16. Adoption of Board of Supervisors Resolution No. 2001-198 - Rescission of BOS Resolution No. 97-37 which approved the Rezone of the southerly 326 feet of Lot 76, Sun West Acres, Tract 1027, in Section 29, Township 21 North, Range 18 West, in the Golden Valley Area (south of State Highway 68, between Colorado Road and Verde Road), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 17. Adoption of Board of Supervisors Resolution No. 2001-199 - Rescission of BOS Resolution No. 2000-271 which approved the Zoning Use Permit for Parcel 282, in the NW NE of Section 14, Township 21 North, Range 19 West, in the Golden Valley Area (south of State Highway 68, between Estrella Road and Laguna Road), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 18. Adoption of Board of Supervisors Resolution No. 2001-200 - Extension of Time For A Zoning Use Permit on Lot 9, Block 4, Walnut Creek Estates, Unit 2, Tract 3013, in Section 7, Township 20 North, Range 17 West, for a secondary residence in a R-O/A/1A (Single Family Residential/Homes Only/Limited Animal Privileges/One Acre Minimum Lot Size) zone, in the Mohave County General Area (northeast side of Kevin drive, northwest of Oatman Road), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 19. Reconsideration of BOS Resolution No. 2001-165, a Resolution setting forth a Zoning Use Permit on the SW of Lot 11, Pleasant Valley Acres, in Section 20, Township 25 North, Range 19 West, for an aboveground fuel storage tank in a C-2H/1A (General Commercial Highway Frontage/One Acre Minimum Lot Size) zone, in the Dolan Springs portion of the Mohave County General Area (northwest side of Pierce Ferry Road approximately 500 feet southwest of 5th Street), Mohave County, Arizona. 20. Adoption of Board of Supervisors Resolution No. 2001-202 - Rezone of the SE SE of Section 11, Township 20 North, Range 13 West, from A-R/36A (Agricultural-Residential/Thirty-six Acre Minimum Lot Size) zone to A-R/9A and A-R/14A (Agricultural-Residential/Nine Acre and Fourteen Acre Minimum Lot Size) zones, in the Mohave County General Area (east of Hackberry Road and south of Interstate 40), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 21. Adoption of Board of Supervisors Resolution No. 2001-203 - Rezone of the SW SW of Section 13, Township 20 North, Range 13 West, from A-R/36A (Agricultural-Residential/Thirty-six Acre Minimum Lot Size) zone to A-R/8A (Agricultural-Residential/Eight Acre Minimum Lot Size) zone, in the Mohave County General Area (east of Hackberry Road and south of Interstate 40), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 22. Adoption of Board of Supervisors Resolution No. 2001-204 - Rezone of Parcel 18, Hidden Meadows, Unit 1, as shown on Record of Survey Book 17, Page 47A, in Section 34, Township 24 North, Range 16 West, from A-R/36A (Agricultural-Residential/Thirty-six Acre Minimum Lot Size) zone to A-R/5A and A-R/15A (Agricultural-Residential/Five Acre and Fifteen Acre Minimum Lot Size) zones, in the Mohave County General Area (east of Avenida El Camino and south of Calle Glen), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 23. Adoption of Board of Supervisors Resolution No. 2001-205 - Rezone of the W NW of Section 25, Township 16 North, Range 16 West, from A-R/36A (Agricultural-Residential/Thirty-six Acre Minimum Lot Size) zone to A-R/18A (Agricultural-Residential/Eighteen Acre Minimum Lot Size) zone, in the Mohave County General Area (east of Alamo Road and south of Box Canyon Drive), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 24. Adoption of Board of Supervisors Resolution No. 2001-206 - Zoning Use Permit on Lot 1, Meadview Highlands, Tract 1195, in Section 1, Township 30 North, Range 17 West, for a secondary residence in a R-1/1A (Single Family Residential/One Acre Minimum Lot Size) zone, in the Meadview portion of the Mohave County General Area (east of Pierce Ferry Road and north of Meadview Boulevard on the southeast corner of Spencer Drive and Diamond Creek Drive), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 25. Adoption of Board of Supervisors Resolution No. 2001-208 - Name A Roadway in Stagecoach Trails, Unit 15, between Parcels 2130 and 2131, in Section 36, Township 15 North, Range 17 West, the proposed name being Iron Horse Road, in the Mohave County General Area (approximately ten (10) miles west of Alamo Road, south off Mesquite Drive), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 26. Adoption of Board of Supervisors Resolution No. 2001-209 - Name Six (6) Roadways in Yucca Vista, Unit 2, in Section 11, Township 16 North, Range 19 West, the proposed names being Tita Road, Diego Road, Lawton Road, Dorothy Road, Haven Drive, and Southview Drive, in the Mohave County General Area (approximately five (5) miles east of Highway 95 exit, south of Interstate 40 for approximately one mile), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 27. Adoption of Board of Supervisors Resolution No. 2001-211 - Rezone of Lot 2, Block HH, Lake Mohave Country Club Estates, Unit 3, Amended, in Section 31, Township 22 North, Range 16 West, from C-2/1A (General Commercial/One Acre Minimum Lot Size) zone to C-2H (General Commercial Highway Frontage) zone, in the Kingman Area (west side of North Bank Street, approximately 250 feet south of Sierra Vista Avenue), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. 28. Approval of an Extension of Premises Patio Permit for the Chloride Western Corner Caf and Saloon, Inc., 4902 Tennessee, Chloride, Arizona, for June 30, 2001. 29. Approval of an original liquor license and interim permit for Rosie Raduenz, dba, Lake Mohave Ranch Club, 16037 Pierce Ferry Road, Dolan Springs, Arizona, Beer & Wine Series. 30. Approval of an original liquor license and interim permit for Rosie Raduenz, dba, Lake Mohave Ranch Club, 16037 Pierce Ferry Road, Dolan Springs, Arizona, Restaurant Series. 31. Approval of a promotional increase from a deputy to sergeant (replacing a sergeant who retired on May 12, 2001), Range 41-08, retroactive to May 19, 2001, as requested by Sheriff Sheahan. 32. Approve the appointment of the following Mohave County Republican Precinct Committeemen: Kari Zwickey, John Sanders, Dwayne Devore Mesa Del Sur; Ethel M. Samples Riverview; Brian Keith Stevens Bluewater; David J. Borland, Jr., Brenda Borland, Sean J. Borland - Parkway. 33. Sitting as the Board of Directors of the Mohave County Library District: Approve the Letter of Agreement between the Library District and JABS Productions of Lake Havasu City for rental of property located at 1787 McCulloch Blvd., for the 2001 community haunted house project. 34. Approve the Family Counseling Program for FY 2001-02 and increase matching fund by $428, from $4,575 to $5,003, through the County budget process, as requested by Mohave County Probation. 35. Acknowledge and set for public hearing on June 18, 2001, discussion and possible action regarding evaluation of a request for approval of an amendment to Section 33, Sexually Oriented Businesses, of the Mohave County Zoning Ordinance to bring the section consistent with state statutes. 37. Approval of waivers of redemption for property tax exemptions for the 2001 tax year, according to ARS 42-1153B, as requested by Beverly Payne, Mohave County Assessor. 38. Adoption of BOS Resolution No. 2001-213 Authorizing the Arizona Counties Research Foundation to serve as the Federal Program (SOBRA) fiscal intermediary for July 1, 2001 through September 30, 2001. 39. Approve the County Managers Ordinance Report for the time period of May 1, 2001 through May 16, 2001. 41. Grant of Easement to Mohave Electric Cooperative Services at the Bullhead City Airport of a ten foot Mohave Electric Utility Easement located in a portion of the S1/2 of Section 32, T21N, R21W, G&SRM, City of Bullhead City. 42. Approve the Assignment, Assumption and Consent of an easement (referred to as the Riviera Airport Easement) between the Arizona Electric Power Cooperative and Southwest Transmission Cooperative . 43. Approval of the Mohave County Camp Stephens Use Agreement (Hualapai Mountain Park) between Mohave County and the Arizona Cactus-Pine Girl Scout Council, Inc. 44. Approve the Mohave County, Arizona, Self-Insured Trust Fund Claims Settlement Procedure, as approved by the Self-Insured Trust Fund Board of Trustees and dated May 15, 2001. 45. Set a Public Hearing for July 9, 2001, regarding the request that Sacramento and Twin Wash areas of Shipp Drive and Redwall Drive be included in the Road Maintenance System, in the Golden Valley area. 46. Set a Public Hearing for July 9, 2001, regarding a request to accept into the County Road System for Maintenance as paved roadways within Rancho Verde Estates Subdivision, Tract 3016C: Salt Road from Abrigo Drive to San Pedro Road, North Salt Place from Salt Road to its cul-de-sac terminus, South Salt Place from Salt Road to its cul-de-sac terminus. 47. Sitting as the Board of Directors of the Golden Valley County Improvement District No. 1: Adoption of GVID Resolution No. 2001-04 Approving the Assessment Diagrams for the Project known as Phase IV Water Line Project within the Golden Valley County Improvement District No. 1, of Mohave County, Arizona. 48. Approve the rescission of the original Contract Amendment #1 for Contract #E5701014 approved by the Board of Supervisors on April 16, 2001, and approve the revised Contract Amendment #1 for the same Contract increasing the total contract budget from $788,244 to $948,017. 49. Approval of the Intergovernmental Agreement between Arizona Department of Economic Security and Mohave County for the FY 2001-2002 Workforce Investment Act (WIA) Contract for the total contract funds of $739,243, on behalf of Mohave/LaPaz Local Workforce Investment Area. 50. Approval of the monthly report for Procurement Activity between $10,000 and $35,000. 51. Approval to extend Bid No. 98-B-09, Remanufactured Toner Cartridges, to extend the agreement with V & L Laser Recharge, LLC, Lake Havasu City, Arizona, for an additional one year period from July 1, 2001 through June 30, 2002. 52. Approval to extend RFP No. 98-P-07, Detention Meal Services, to extend the contract with Canteen Correctional Food Services for Detention Meal Services for the Mohave County Sheriffs Department and Juvenile Detention Department for July 1, 2001 through June 30, 2002. 53. Approval of the Sole Source Contract to Empire Machinery, Mesa, Arizona, for heavy equipment maintenance (parts and labor) for the Mohave County Public Works Motor Pool Division from July 1, 2001 through June 30, 2002. 54. Approval of RFP No. 01-P-01, Mohave/LaPaz - Local Workforce Investment Board Title 1 Youth Program, 1) the award of Title 1 Youth Programs to Havasu for Youth for year-round youth training and services in Lake Havasu City for $44,000 (July 1, 2001 through June 30, 2002); 2) the administration of Title 1 Youth Programs for the Year Round Youth Programs for the City of Kingman and Bullhead City to Mohave County One Stop Center; and 3) the administration of Title 1 youth Programs for the Year Round Youth Programs for LaPaz County to LaPaz Career Center. 55. Appointment of Bonnie Steele and Arthur R. Gode as alternate members to the Mohave County Extension Advisory Board, with no expiration date as they are alternates. 56. Approval of the revision to the Grant Funding Agreement and authorize Finance to create a Special Revenue Fund to deposit the grant disbursements, and approve the operating budget, for the grant, in the amount of $80,000 for FY 2000-2001. 57. Approval of Contract No. 76118, Amendment No. 5, Commodity Supplemental Food Program, with the Arizona Department of Health Services from January 1, 2001, to September 30, 2001, in the amount of $15,910. Item 36: Administrator Thomas advised the Board that Jonny Sutton and Michael Norman were two new appointments filling positions due to the resignations of Steven Sears and Thomas Thate as Justice of Peace Pro Tems. He advised that there would be no difference in the budget. Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to approve the appointments of Clyde Andress, Mark Baron, Laura Billings, Carroll Brown, Patrick K. Carlin, Michael Elder, Elwilda Lee, Nelson Meringola, Joseph Murillo, Julia R. Rutherford, Mary Stringer, and Ted Whitall as Justice of the Peace/Magistrate Pro Tempores for the Superior Court in Mohave County, minus the two new ones (Michael Norman and Jonny A. Sutton). ITEM 40: Chairman Byers stated that, in his opinion, the video taping of Board Meetings is informative and not a waste of money, and people have advised him of how much they like it. Motion was made by Chairman Byers, and seconded by Supervisor Sockwell (for discussion) to continue the Video Taping Services. Supervisor Sockwell advised that he received many complaints regarding the noise on the tapes. He stated that the pay schedule was based on five/six hours runtime, and now the meetings are taking one/two hours. Motion was made by Supervisor Sockwell to table the item regarding authorizing the Procurement Officer to issue a 30-day written notice for cancellation of the Video Taping Services for Mohave County Board of Supervisors Meetings and Special Meetings, and review the services. Chairman Byers withdrew his motion, seconded Supervisor Sockwells, and the motion was unanimously carried. ITEM 64: The meeting continued with the Board sitting as the Board of Directors of The Golden Valley County Improvement District No. 1: Chairman Byers opened and announced the following bids for the project known as Phase IV Water Line Project within the District: Tonto Supply Inc. $494,800 Earthworks Southwest LLC $433,420 Technology Construction $522,530 T & T Construction $494,460 Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to continue the item later in the meeting to allow staff time to review the bids and bring back a recommendation. ITEM 58: Motion was made by Supervisor Johnson, seconded by Supervisor Sockwell, and unanimously carried to approve, with changes as made by the County Attorney and with approval of the County Manager, the appointments of the Mohave County Indigent Defense Committee, as recommended by Dana Hlavac, Mohave County Public Defender. ITEM 59: Administrator Thomas advised that 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, has been reviewed by the County attorneys and is presently being reviewed by the National Centers attorneys. He advised that the Board could continue the item until the June 18, 2001, meeting, or approve it contingent upon the consultants agreement. Motion was made by Chairman Byers, and seconded by Supervisor Sockwell, to approve the contract, contingent upon the consultants agreement. In response to Supervisor Johnson, Administrator Thomas advised that Fill the Gap monies are governed by statute, so the use is limited and subject to approval by the Supreme Court. He stated that the Board had to certify the funds initially, and a grant application had to be submitted for use of the funds, which is reflected in the contract. He explained there were some areas where future Fill the Gap funds might be used, however, that would be in next years application. Supervisor Johnson stated that, in the past, the funds had been used for the Superior Court Clerk and security personnel. Administrator Thomas advised that, in his opinion, the funds can not be used for security, as it has to have a direct tie-in to reducing the felony case load, and since felony activity is somewhat limited in the justice courts, it is used for positions in the Clerks office. Chairman Byers advised that he was hoping the study would help with the decision of where the court in the Strip area should be located. The following roll call votes were recorded: Supervisor Sockwell Yes, Supervisor Johnson No, and Chairman Byers Yes. Motion carried by majority vote. ITEM 60: Motion was made by Supervisor Sockwell, seconded by Chairman Byers and unanimously carried to approve, subject to review and approval by the County Attorney, Public Works, and the County Manager, 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. ITEM 61: Jack Ehrhardt, Kingman resident, advised that he was one of seven people involved in a suit to bring the Edison Plant under compliance. He stated that the particulates emitted from the plant are unhealthy for the citizens, especially the children. Supervisor Johnson stated that there was a timeline to have scrubbers, etc., put into place, and while they were not stepping up the timeline, they were requesting to increase opacity, which would enable them to make more money, without benefit to the community. Motion was made by Supervisor Johnson, and seconded by Supervisor Sockwell (for discussion), that the Board of Supervisors oppose Mohave Generating Stations request for an opacity variance. Supervisor Sockwell stated that he was glad this issue had been delayed, in order to give people the opportunity to voice their opinion, and a lot of people had come to him in protest of this variance. Motion carried unanimously. ITEM 62: Item was pulled, as requested by staff, and no Board action was taken regarding setting a date for public hearing to allow the Assessors Office to charge fees for services for working splits/combines, subdivisions, condominiums, and abandonments. ITEM 63: Dave Chevalier, Chief Deputy Treasurer, advised the Board that the 1999 taxes for Parcel Number 214-09-089 should be abated, as the property was exempt, and he did not know how it got on the tax roll. Motion was made by Supervisor Johnson, seconded by Supervisor Sockwell, and unanimously carried to approve the abatement of the 1999 taxes for Parcel Number 214-09-089. ITEMS 65-71: Chairman Byers advised that staff requested the following items be continued to the June 18, 2001, Board of Supervisors Meeting, and no Board action was necessary. Director Skalicky advised that the plans and specifications were not ready at this time, and the Attorneys have not reviewed all the documents related to the Scenic Improvement District Veryl Frehner, petitioner for the Scenic Improvement District, stated that he appreciated the Boards help and hoped that the issues could be resolved at the next meeting. ITEM 65: Sitting as the Board of Directors of the Scenic Improvement District: 1) approval and agreement to the terms of the Guarantee Documents including an Assurance Agreement for Guarantee to be effective April 13, 2001, and an April 13, 2001, One Million Dollar Letter of Credit provided by Mesquite State Bank, an Irrevocable Letter of Instructions to the Superintendent of Streets effective April 13, 2001, and a related Irrevocable Powers of Attorney; 2) authorizing the Chairman and Clerk to sign and process the foregoing document; and 3) authorizing the District, through its Superintendent of Street or his designee, to process and implement the terms, conditions, and requirements of the documents. Item continued to June 18, 2001. ITEM 66: Sitting as the Board of Directors of the Scenic Improvement District: 1) approval and agreement to the Addendum to the Engineers Contract with Bulloch Brothers, Inc., of Mesquite, Nevada; 2) authorizing the Chairman and Clerk to sign and process the foregoing document; and 3) authorizing the District, through its Superintendent of Street or his designee, to process and implement the terms, conditions, and requirements of the documents. Item continued to June 18, 2001. ITEM 67: Sitting as the Board of Directors of the Scenic Improvement District: Approval for accepting Plans and Specifications for Road and Bridge Improvements without waiver of the Engineers responsibility for the structural, functional, and aesthetic integrity of the Project Plans and Specifications. Item continued to June 18, 2001. ITEM 68: Sitting as the Board of Directors of the Scenic Improvement District: 1) approval and adoption of Scenic Improvement District Resolution No. 2001-01 Intention and Notice of Proposed Improvements; 2) authorizing the Chairman and Clerk to sign and process the foregoing document; and 3) authorizing the District, through its Superintendent of Street or his designee, to process and implement the terms, conditions, and requirements of the documents. Item continued to June 18, 2001. ITEM 69: Sitting as the Board of Directors of the Scenic Improvement District: 1) approve and agree to the Intergovernmental Agreement regarding Rights of Way and related matters, including authorizing the County Attorney to proceed with eminent domain proceedings, with such IGA to be effective this date; 2) authorizing the Chairman and Clerk to sign and process the foregoing document; and 3) authorizing the District, through its Superintendent of Street or his designee, to process and implement the terms, conditions, and requirements of the documents. Item continued to June 18, 2001. ITEM 70: 1) Adoption of BOS Resolution No. 2001-43 approving and agreeing to an Intergovernmental Agreement with Scenic Improvement District regarding Rights of Way and related matters, including authorizing the County Attorney to proceed with eminent domain proceedings, to be effective this date; 2) authorize the Chairman and Clerk, as indicated, to sign and process the foregoing documents; and 3) authorize the County, through its County Manager or his designee, to process and implement the terms, conditions, and requirements of the documents, as requested by Richard A. Skalicky, P.E., Public Works Director. Item continued to June 18, 2001. ITEM 71: Sitting as the Board of Directors of the Scenic Improvement District: 1) approve and agree to and ratify the engagement of the law firm of Squire Sanders & Dempsey, LLP, of Phoenix, Arizona, and its attorneys, as Bond Counsel and legal advisors for the Scenic Improvement District, and the terms and conditions of the written Agreement; and 2) approve the Chairman and Clerk to sign and process said Agreement. Item continued to June 18, 2001. ITEM 72: Motion was made by Supervisor Johnson, seconded by Supervisors Sockwell and unanimously carried to authorize payment of April and May invoices, billing statements, and claims for Superior Court mandated services of Juror Compensation, Legal Services, and Court Costs/Investigations in the amount of $29,182.53. ITEM 73: Motion was made by Supervisor Sockwell, seconded by Supervisor Johnson, and unanimously carried to approve the adoption of BOS Resolution No. 2001-183 - Amendment To The Mohave County General Plan to Parcel 4, as shown on Parcel Plats Book 16, Page 21, in Section 23, Township 18 North, Range 22 West, to change the land use designation from GC (General Commercial) to LR (Low Density Residential), and amending Exhibit VI.18 of the General Plan to match, in the South Mohave Valley Area (east of Hwy 95, adjoining Cimarron Boulevard), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. ITEM 74: Motion was made by Supervisor Sockwell, seconded by Chairman Byers, and unanimously carried to adopt BOS Resolution No. 2001-184 - Amendment To The South Mohave Valley Area Plan to Parcel 4, as shown on Parcel Plats Book 16, Page 21, in Section 23, Township 18 North, Range 22 West, to change the land use designation from C (Commercial) to SFR (Single-Family Residential) in the South Mohave Valley Area (east of Hwy 95, adjoining Cimarron Boulevard), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. ITEM 75: Motion was made by Supervisor Sockwell, seconded by Chairman Byers, and unanimously carried to adopt BOS Resolution No. 2001-185 - Rezone of Parcel 4, as shown on Parcel Plats Book 16, Page 21, in Section 23, to be subdivided and known as The Trails, Tract 4175, in Township 18 North, Range 22 West, from A-R (Agricultural-Residential) zone to R-O (Single Family Residential/ Mobile Homes Prohibited) zone, in the South Mohave Valley Area (north side of Cimarron Boulevard, approximately 700 feet east of State Highway 95), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. ITEM 76: Motion was made by Supervisor Sockwell, seconded by Chairman Byers, and unanimously carried to adopt BOS Resolution No. 2001-186 - Preliminary Subdivision Plan And Petition Of Exception for The Trails, Tract 4175, being a proposed subdivision of Parcel 4, as shown on Book 16, Page 21 of Parcel Plats, in the NW of Section 23, Township 18 North, Range 22 West, in the South Mohave Valley Area (east of State Highway 95, north of Cimarron Boulevard), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. ITEMS 77, 78 & 79: Greg Boyd, applicant, addressed the Board, in favor of the following items: ITEM 77: Evaluation of a request for the approval of an Amendment To The Mohave County General Plan to Parcel 7A-4, as shown on Parcel Plats Book 15, Page 31, a portion of Parcel 7A, in Section 7, Township 18 North, Range 20 West, allowing RI (Rural Industrial) in an RDA (Rural Development Area), in the South Mohave Valley Area (south of Boundary Cone Road, approximately five miles southwest of Oatman), Mohave County, Arizona. (Commission Approved By A 4-1 Vote Resolution No. 2001-187) ITEM 78: Evaluation of a request for a Rezone of Parcel 7A-4, as shown on Parcel Plats Book 15, Page 31, a portion of Parcel 7A, in Section 7, Township 18 North, Range 20 West, from A-R/9A (Agricultural-Residential/Nine Acre Minimum Lot Size) zone to M-X (Heavy Manufacturing) zone, in the South Mohave Valley Area (west of Oatman Road [Old US Highway 66] and southwest of Boundary Cone), Mohave County, Arizona. (Commission Approved By A 4-1 Vote Resolution No. 2001-188) ITEM 79: Evaluation of a request for a Zoning Use Permit on Parcel 7A-4, as shown on Parcel Plats Book 15, Page 31, a portion of Parcel 7A, in Section 7, Township 18 North, Range 20 West, for a fireworks testing and storage facility in a M-X (Heavy Manufacturing) zone, in the South Mohave Valley Area (west of Oatman Road [Old US Highway 66] and southwest of Boundary Cone), Mohave County, Arizona. (Commission Approved By Unanimous Vote Resolution No. 2001-189) Mr. Boyd stated that there are four individuals that have been in the pyrotechnic field for many years and are looking for a safe, out of the way place to store fireworks that are used for the Winter Blast, in Lake Havasu City, and events that are held at the Avi Resort & Casino. He advised that the area has very little scrub brush, and is far enough away from houses to keep the noise level down. In response to Supervisor Johnson, Mr. Boyd advised that there would be very little fireworks testing, probably once a month, and that it was not a commercial venture, as the product is not for sale. In response to Supervisor Sockwell, Mr. Boyd stated that it would be their standard to shut down access to the road, and to make sure nobody was in the area, during the testing of the fireworks. Mel Sorenson, Mohave Valley Fire Department, addressed the Board with concerns regarding the proposed installation. He stated that he represents Mohave Valley, Oatman, Golden Shores, and Fort Mohave Mesa Fire Departments. He stated they realize the parcel is not in any fire jurisdiction, but it sits in the middle of all four fire districts. Mr. Sorenson advised that in the past ten years, in the State of Arizona, there have been only three similar type operations allowed, and all are no longer in operation. He stated the fire districts had concerns with regard to the possibility of starting wildland fires. He recommended that a stipulation be placed on the permit that, for as long as this operation is in place, the parcel can not be split or reduced in size. Syd Ervin, property owner, advised that Mr. Boyd and his partners would like to purchase part of his land for their use, and if they close the deal, he would still own property on both sides. He stated that the nearest residence is in Oatman, which is seven miles away. He concluded by stating that, if he thought it would endanger his family or property in any way, he would not sell the land. In response to Supervisor Sockwell, Director Ballard stated that she did not think the request complies with all state regulations, however, she would like to defer to the attorney. Attorney Herbert concurred with Director Ballard. She stated that the State Fire Marshals Office would be involved since the parcel does not fall within a fire district, and they would require a use plan, an area plan, a physical inspection, and a review of the operators to ascertain if they are certified by the State of Arizona as qualified pyrotechnics. She advised that the Board would issue a permit for each fireworks display with insurance requirements. She advised that if the Board were to approve, they should require the applicant meet all legal requirements and regulations of the State Fire Marshal in terms of permitting for fireworks. Motion was made by Supervisor Sockwell, seconded by Chairman Byers, and unanimously carried to continue Items 77, 78, & 79 for thirty days, for further information from legal staff. Attorney Herbert suggested that the Board continue the items to the first meeting in July. Motion was made by Supervisor Sockwell, seconded by Chairman Byers, and unanimously carried to continue Items 77, 78, & 79 to the July 9, 2001, Board of Supervisors Meeting. ITEM 80: Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to adopt BOS Resolution No. 2001-194 - Rezone of the E W W of Parcel 90, Sun West Acres, Tract 1027, in Section 29, Township 21 North, Range 18 West, from A-R/2A (Agricultural-Residential/Two Acre Minimum Lot Size) zone to A-R (Agricultural-Residential/One-Acre Minimum Lot Size) zone, in the Golden Valley Area (south of Bolsa Drive between San Pedro Road and Verde Road), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. ITEM 81: The meeting continued with discussion regarding the request for a Zoning Use Permit on the N SW SW NE of Section 9, in Township 16 North, Range 20 West, for a pet cemetery in an A-R (Agricultural-Residential) zone, in the Mohave County General Area (north of the BNSF railroad, west of the Lake Havasu Interchange on Interstate 40), Mohave County, Arizona. Charles Deshazer, Topock resident, expressed his concerns regarding the pet cemetery, i.e., traffic, vandalism, contamination effect on the water table, and questioned whether this was commercial or agricultural property. In response to Mr. Deshazer, Supervisor Johnson advised, according to the permit, the animals would be encased. Lisa Cook, applicant, advised that materials being used for encasement were non-biodegradable to protect the water table. She stated that, in her opinion, there would not be a lot of people visiting the site. Ms. Cook advised that there are approximately 20,000 animals licensed in the County, and she was just trying to provide a service to the community by providing humane burial for animals. In response to Supervisor Sockwell, Ms. Cook advised that she did not know the depth of the water table. Mr. Deshazer stated that he was still wondering about the zoning requirements and advised that, as far as he knew, the water table was about 200 to 250 feet. Supervisor Johnson advised that the County did have the option to add the condition that this come back for review, as it is a Zoning Use Permit. Director Ballard advised that, at this point in time, there were no requirements in the conditions for the animals to be vaulted, so perhaps that issue should be addressed. In response to Director Ballard, Supervisor Johnson advised that the County deposits animal remains in the landfill. Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to adopt BOS Resolution No. 2001-207, approving the zoning use permit, as stated, and as recommended by the Planning & Zoning Commission, with the condition that it come back in one year to see if the neighbors have any problems with the cemetery. ITEM 82: Motion was made by Chairman Byers, seconded by Supervisor Johnson, and unanimously carried to adopt BOS Resolution No. 2001-210 - Rezone of Lots 13 and 14, Block 206, New Kingman Addition, Unit 11, Tract 1104, in Section 30, Township 22 North, Range 16 West, from C-2 (General Commercial) zone to C-M (Commercial-Manufacturing) zone, in the Kingman Area (south side of Butler Avenue, approximately 200 feet east of North Glen Road), Mohave County, Arizona, as recommended by the Planning and Zoning Commission. ITEM 83: Chairman Byers opened the Public Hearing regarding establishing North Roosevelt Street as a County Highway. Director Skalicky recommended denial as requested by the Mohave County Transportation Commission. Motion was made by Chairman Byers, seconded by Supervisor Sockwell, and unanimously carried to adopt BOS Resolution No. 2001-215 Denying establishing North Roosevelt Street, beginning at Jagerson Avenue and ending at 2489 Jagerson (approximately) with a general course and direction of North of Jagerson, as a County Highway, in the Butler area of Kingman. ITEM 64: The meeting continued with the Board sitting as the Board of Directors of The Golden Valley County Improvement District No. 1: Director Skalicky advised the Board that staff had reviewed the bids for the project know as Phase IV Water Line Project within the District, and the low bidder was Earthwork Southwest LLC, in the amount of $433,420, and they met all requirements, and are under the Engineers Construction Estimate of $489,040. Motion was made by Supervisor Sockwell, seconded by Supervisor Johnson, and unanimously carried to award the bid to Earthwork Southwest LLC, in the amount of $433,420, subject to verification of the Bid Bond, as recommended by Director Skalicky. ITEM 84: Discussion ensued regarding the waiving of back taxes for years 1976 through 1999 on three parcels of land (319-18-353, 319-18-354 and 319-18-366) donated to the Dolan Springs Chamber of Commerce, for a total of $4,129.74. Supervisor Sockwell advised that the Dolan Springs Chamber does have the funds to meet the year to year taxes on these properties, but does not have the funds to pay the back taxes. In response to Supervisor Johnson, John Ford, President of the Chamber of Commerce, advised that the land was donated approximately two years ago, however, no search was conducted to see what taxes were owed on the property. He advised that the land value at this time is very little, and if they did not get this relief, they would have to turn the property over to the County for taxes owed. Deputy Treasurer Chevalier advised that there were four parcels involved, not three. He advised that parcels 319-18-366 and 319-18-367 have individual liens on them, and the total amount outstanding as of the end of May is $5,641.13. Deputy Treasurer Chevalier stated that he did not believe the Board could usurp the right of individual lien holders. Deputy Assessor Nicholson advised that sales in the area vary, and he was comfortable with the $909 currently assessed, however, if it were sold at a tax lien sale, in his opinion, it would sell for substantially less. He advised that although the County would be free and clear on the two parcels with state liens, the County would be remitting a portion of the tax, plus 12% interest on the two parcels with individual tax liens. In response to Supervisor Johnson, Deputy Treasurer Chevalier advised that there is very little interest in the properties in the subject area. He stated that they have turned a number of these properties over to past County Managers requesting that they provide information to the Treasurers Office so they could file for a Treasurers Deed on a state lien, which then turns the property over to the Board, however, the cost is approximately $150 to $200 per parcel, and monies have never been appropriated for this. Attorney Ekstrom advised that taxes could not be waived entirely, they could only be lowered to the market value of the property. Mr. Ford advised that if there was some compromise they would be more than willing to work with the County. Supervisor Sockwell suggested that Mr. Ford work with the Assessors Office and the Treasurers Office to see if they can come up with a solution and bring it back to the Board in two months. No action was taken on this item. ITEM 85: Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to approve the Indigent Defense Appeals Agreement between Gail Gianasi Natale and Mohave County, subject to approval by the County Attorney, with corrections to the County Manager. ITEM 86: Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to approve the Agreement for Indigent Defense Services between Kenneth L. Sondgeroth, P.C., and Mohave County, to handle Bullhead City Justice Court Cases, subject to approval by the County Attorney, with corrections to the County Manager. ITEM 87: The meeting continued with the item regarding approval and adoption of BOS Resolution No. 2001-218 Mohave County to proceed with action for acquiring right of way for a prior approved County Highway, upon the Developer (Caithness Big Sandy LLC) paying for all acquisition costs and providing and paying for all construction of roadway and drainage improvements as described. Robert Holsinger, Golden Valley resident, stated that, in his opinion, Caithness was supposed to be paying for development and paving of this road and the County should not expend any money, staff time, etc., to obtain this right-of-way. Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to adopt BOS Resolution No. 2001-218, as stated, with the addition that it include all costs, including engineering and construction, to be paid by Caithness. ITEM 88: Manager Walker advised the Board that according to ARS 11-419, Section C, the Board must approve the School Superintendents Chief Deputys salary. He stated that there would be no change in the budget, and he recommended approval. Motion was made by Chairman Byers, and seconded by Supervisor Sockwell, to approve the Chief Deputys salary, as requested by Mike File, Mohave County School Superintendent. In response to Supervisor Johnson, Manager Walker advised that the job description for the Chief Deputy was not the same as Senior Accountant. In response to Supervisor Johnson, Director Semm advised that the salary was the same as the previous Chief Deputy, and the same currently being paid to the individual by the Finance Department. Motion carried unanimously. Chairman Byers announced that the Mohave County Board of Supervisors Meeting scheduled June 18, 2001, will be held at the Mohave County Library in Lake Havasu City, 1770 McCulloch Boulevard, Lake Havasu City, Arizona, at 9:30 A.M. Motion was made by Supervisor Johnson, seconded by Supervisor Sockwell, and unanimously carried to adjourn at 10:55 AM this 4th day of June 2001. 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