MOHAVE COUNTY BOARD OF SUPERVISORS MOHAVE COUNTY, KINGMAN, ARIZONA SPECIAL MEETING JUNE 18, 2001 The Board of Supervisors of Mohave County met in Special Session this 18th day of June, 2001, at 9:43 AM. The meeting was held at the Mohave County Library in Lake Havasu City, 1770 McCulloch Boulevard. 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 Pastor Craig Larson of Mt. Olive Lutheran 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; Deborah Herbert, Chief Civil Deputy County Attorney; Patty Mead, Health and Social Services Director; Dave Seward, Procurement Manager; and Ron Nicholson, Chief Deputy Assessor. Motion was made by Supervisor Sockwell, seconded by Supervisor Johnson, and unanimously carried to call for an Executive Session to be held July 9, 2001, at 9:00 AM for discussion and consultation with legal counsel in accordance with A.R.S. 38-431.03 (A) (3) & (4) to discuss items noticed on the agenda with an asterisk. ITEM 2: Supervisor Johnson stated that he had attended a Western Arizona Council of Government Meeting and he reviewed the increases in the various budgets. He stated that WACOG is requesting to hire a person to monitor all ADOT Meetings. Chairman Byers reported that he continues to attend meetings regarding the nitrate management problems, and progress is being made. ITEM 3: The following is a synopsis of Manager Walkers report regarding Management System Assessment. Mohave County is at a critical juncture, and the Board of Supervisors must make the decision to choose between a substantial reduction in our necessary and mandated services, or to initiate new taxes to raise revenue to cover current and project needs. Manager Walker stated that, as of June 13, 2001, he is on record that he believes immediate revenue enhancements are mandatory. The County must stabilize the financial condition NOW and move quickly toward long term fiscal integrity in the General fund. Without additional general fund revenues in FY 2001-02, the County faces severe negative impacts on critical operations and services to citizens, and County employees will be adversely affected. Manager Walker reiterated his recommendations with regard to the cent sales tax, increasing the property tax levy rate, and a Sheriffs override, as stated June 13, 2001. He also pleaded with the Board to not allow any political polarization surrounding the Long Range Facilities Master Plan to hold the General Fund Operating Budget hostage. The County must continue to serve the public while long range issues are arbitrated and resolved. Manager Walker continued by stating that changing the technical, cultural, and political management processes in an organization with the complexity of Mohave County is not a quick fix. The sooner the County starts with a clear plan and time schedule, the sooner the County can generate quality and performance improvements, and cost savings. Manager Walker stated that the County has the following critical management systems deficiencies: no formal statistically significant process to determine citizen needs; no identifiable agreed upon strategic planning process; no mandatory Internal Review Function, or a management Audit Function; no Results Oriented Management System, nor Performance Measurement Process to determine progress; no clearly defined Management System outside crisis management; due to the Arizona Open Meeting Law, Board members cannot individually communicate on critical business and strategic issues; employees depend upon the media to get news about significant events in County government; and no formal system to recognize employee exemplary performance. Manager Walkers recommendations: Mohave County requires a stronger strategic focus and a formal plan that drives results in critical areas; leadership must formally set vision, values, principles and strategic directions; leadership must create a citizen focus, with clear and visible values, high expectations to achieve Excellence in Government; and a strategic plan that drives annual business planning and budgeting. In conclusion, Manager Walker stated that the County needs to be strategically oriented and have a Strategic Plan with goals, objectives, and a time-line for accomplishment. The county needs an Internal Audit, and Management System Audit Function. The County needs to be Result Oriented and have Performance Measures to assess quality and quantity of results. In order to create the best managed County in Arizona, these issues need to be formally addressed by the Board of Supervisors, Elected Officials, Department Heads, their management teams and employees. ITEM 4: Motion was made by Supervisor Sockwell, seconded by Supervisor Johnson, and unanimously carried to approve the May 21, 2001, Board of Supervisors Meeting Minutes as most recently drafted. Chairman Byers read the Proclamation proclaiming Community Service Day July 1, 2001. Director Mead presented to Sue Taylor, on behalf of Public Health Nursing Division, of the Mohave County Department of Health & Social Services, an award that was presented to them from the Arizona Department of Health Services for their continued support of Maternal and Child Health Care services in Mohave County. The audience joined the Board in a round of applause. Motion was made by Supervisor Sockwell, seconded by Supervisor Johnson, and unanimously carried to approve the Consent Agenda as follows: 5. Approve a Permanent Extension of Premises Patio Permit for the Critters Waterhole & Diner, 16040 Pierce Ferry, Dolan Springs, Arizona. 6. Approve a Special Event Liquor License for the Kingman Elks Lodge #468, Hualapai Mountain Park, Rec. #1, Kingman, Arizona, for June 16, 2001. 7. Approve the appointment of the following Mohave County Republican Precinct Committeemen: Robert Lee Crabtree & Jeanette Lee Crabtree - Thunderbolt #63, Roseann L. Tusa London Bridge #35, Jack R. Adams Desert Hills, and Elizabeth H. Conner Babbitt Palo Verde #34. 8. Approve the appointment of Fred Acosta to the Mohave County Board of Adjustment, for Supervisorial District 3, for a four year term. 9. Approve three non general fund positions (nurse and two teachers) for the County School Superintendents Office, to be paid from special programs fund, in accordance with ARS 15-365. 10. Approve the 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. 11. Approve the Grant Agreement with the Arizona Department of Public Safety for the Victims of Crime Program, in the amount of $64,152. 12. Approve the Federal Grant Agreement with the Arizona Department of Public Safety for the Victim Assistance Program, in the amount of $81,879. 13. Authorize the payment of April, May and June invoices, billing statements, and claims for Superior Court mandated services of Juror Compensation, Legal Services, and Court Costs/Investigations in the amount of $22,324.52. 14. Approve the Grant Agreement and related budget of $30,800 with the State of Arizona, Attorney Generals Office for one Victims Rights Compliance Officer. 15. Acknowledge receipt of and refer to Public Works, for review and recommendation, a petition to have included in the County Tertiary Road Maintenance System, Mustang Lane and Spring Lane, beginning at Riverside Drive and ending at 1021 Spring Lane, with a general course of North and West, located in Havasu Crystal Beach. 16. Approve the employment of relative, Kenneth Pennington, in the Public Works Department, in accordance with Merit Rule 210B. 17. Sitting as the Board of Directors of the Mohave County Flood Control District: Adoption of Resolution No. 2001-02 Providing for the District to enter into an Intergovernmental Agreement with Colorado City, for the purposes of Flood Control improvements, in the amount of $14,890; and approve the Chairman and Clerk to sign the resolution, on behalf of the District. 18. Sitting as the Board of Directors of the Mohave County Flood Control District: Adoption of Resolution No. 2001-03 Providing for the District to enter into an Intergovernmental Agreement with the City of Kingman, for the purposes of Flood Control improvements, in the amount of $387,564; and approve the Chairman and Clerk to sign the resolution, on behalf of the District. 19. Sitting as the Board of Directors of the Mohave County Flood Control District: Adoption of Resolution No. 2001-04 Providing for the District to enter into an Intergovernmental Agreement with Bullhead City, for the purposes of Flood Control improvements, in the amount of $577,329; and approve the Chairman and Clerk to sign the resolution, on behalf of the District. 20. Sitting as the Board of Directors of the Mohave County Flood Control District: Adoption of Resolution No. 2001-05 Providing for the District to enter into an Intergovernmental Agreement with Lake Havasu City, for the purposes of Flood Control improvements, in the amount of $1,011,204; and approve the Chairman and Clerk to sign the resolution, on behalf of the District. 21. Set a Public Hearing for July 9, 2001, regarding a petition to establish Bull Mountain Road, beginning at Cactus Wren and ending at Sundown Avenue, with a general course and direction of North and South, as a County Highway, in the North Kingman area. 22. Adoption of BOS Resolution No. 2001-220 Declaring a wildland fire emergency effective June 18, 2001. 23. Adoption of BOS Resolution No. 2001-201 Rezone of a portion of the NW SW of Section 13, in Township 16 North, Range 20 West, from A-R/10A (Agricultural Residential/Ten Acre Minimum Lot Size) zone to C-2H (General Commercial Highway Frontage) zone, in the Mohave County General Area (east side of State Highway 95 approximately one-eighth (1/8) of a mile south of Interstate 40), Mohave County, Arizona. 24. Acceptance of a petition for an Abandonment of a portion of a 35-foot roadway, canal, ingress-egress and public utilities easement, running along the eastern side of Parcel 35-D, as shown on Record of Survey Book 17, Page 58, in Section 35, Township 25 North, Range 14 West, in the Mohave County General Area (east of Music Mountain Road and north of Drum Drive), Mohave County, Arizona, and refer to the Planning and Zoning Commission for a report. 25. Adoption of BOS Resolution No. 2001-219 Resolution to Release, Indemnify and Hold Harmless the Joint County Tobacco Revenue Use and Security Charitable Trust, its Trustees and Representative; and approve the related Agreement to Release, Indemnify and Hold Harmless. 26. Acceptance of Barbara Stouts resignation from the Planning and Zoning Commission as a representative for District 2, and appointment of Syd Ervin to complete Ms. Stouts term to March 26, 2002. 27. Authorize Dana Hlavac, Mohave County Public Defender, to enter into a funding agreement on behalf of Mohave County with the Arizona Supreme Court, Administrative Office of the Courts, pursuant to ARS 12-117. 28. Approve Agreement for Indigent Defense Services (conflict cases) between Kenneth L. Sondgeroth, P.C., and Mohave County, and authorize the Board Chairman to sign the agreement. 29. Authorize Dana Hlavac, Mohave County Public Defender, to terminate Indigent Defense Contracts as appropriate and in accordance with termination provisions of such contracts and consistent with increased staffing levels and the long range strategic plan for Indigent Defense services in Mohave County. 30. Approve the Indigent Defense Appeals Agreement between Thomas A. Gorman and Mohave County, and authorize the Board Chairman to sign the agreement. 31. Approve the correction to the Immunization Services Special Terms and Conditions to the Immunization Services Contract #152044, approved by the Board May 7, 2001. 32. Approve an Intergovernmental Agreement with the Arizona Department of Health Services, Contract #152015, Amendment No. 1, HIV Prevention Services, from January 1, 2001, to December 31, 2003. The total annual award is $55,648.68, and there are no matching funds required. 33. Approve an Intergovernmental Agreement with the Arizona Department of Health Services and budget for Contract #261008, for Nutrition Services, from July 1, 2001, to June 30, 2002. The total annual award is $43,079, and there are no matching funds required. 34. Approve the Intergovernmental Agreement with the City of Bullhead City for Inmate Housing for FY 2001-02. 35. Approve the re-appointments and/or termination of appointments for Mohave County to the Mohave/LaPaz Local Workforce Investment Board. 36. Approve the award of Bid - IFB No. 01-B-09, in the amount of $2.78 per columnar inch, to The Standard of Kingman, Arizona, for the printing of Legal Advertisements/Publications for all Mohave County Departments commencing July 1, 2001, to June 30, 2002. 37. Approve to award the contract, as revised and clarified, to Dr. Donald H. Nelson, D.O., Kingman, Arizona, for Medical Examiner Services, effective July 1, 2001, which shall expire 60 days after the Sheriff facility and County Morgue are complete and ready for occupancy, or for two years, whichever comes first; and approve the personnel appointed by Dr. Nelson as required by the Terms and Conditions of RFP No. 01-P-04, and pursuant to ARS 11-594(B)(1). 38. Approve the award of Bid IFB No. 01-B-10, in the amount of $40,165.56, to include extended warranty and sales tax, to Ed Moses Dodge, Scottsdale, Arizona, for the furnishing of two Mini Vans for Mohave County Senior Programs. 39. Approve the contract extension of an Intergovernmental Agreement with Arizona Department of Health Services, Contract #853043, Tobacco Education Prevention Program, Financial Provisions Agreement for July 1, 2001, to December 30, 2001. The total award amount is $324,911, and there are no County matching funds required. ITEMS 4046: The meeting continued with the Board sitting as the Board of Directors of the Scenic Improvement District. Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to approve Items 40 through 46, with the motions as written by the County Attorneys Office, as follows: ITEM 40: 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 41: 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 42: 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 43: 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 44: 1) approval and adoption of Scenic Improvement District Resolution No. 2001-02 - 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 45: 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. ITEM 46: 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 47: Manager Seward advised the Board that the contract that was awarded to Gameover Productions for the video taping of Board meetings was effective from the date of award to June 30, 2001, with an option to renew the contract for an additional year. In response to Supervisor Byers, Earl Hamlyn, Gameover Productions, advised that the meetings are televised in Kingman and Bullhead City. He stated that Gameover contacted TV 45, Lake Havasu City, and TV 45 did not wish to televise the meetings at this time. In response to Supervisor Johnson, Mr. Hamlyn advised that he makes an extra tape and broadcasts on TV 77, Kingman. Supervisor Johnson stated that, in his opinion, making extra tapes should go through the County Attorneys Office, if the contract is renewed. The Board of Supervisors pays for the tapes for the Boards benefit, therefore the tape should come from a Board member, so the Board knows where the tapes are being shown. Mr. Hamlyn stated that the tapes provided to the Board are for documentation purposes only, and he absorbs the expense to make the tapes broadcast quality for televising. Supervisor Sockwell stated that due to past controversy regarding video taping of meetings, he would like to extend the contract. Motion was made by Supervisor Sockwell, and seconded by Chairman Byers, to extend the contract with Gameover Productions for an additional year for Video Taping Services of the Mohave County Board of Supervisors Meetings and Special Meetings. The following roll call votes were recorded: Supervisor Sockwell Yes, Supervisor Johnson No, and Chairman Byers Yes. Motion carried by majority vote. ITEM 48: Dana Hlavac, Public Defender, advised the Board that when he was hired the Public Defenders Office was in a crisis situation and could not handle the case load coming out of the courts so the County authorized numerous overflow contracts to private attorneys. Those contracts cost approximately $120,000 per month. He stated that he has reduced that amount each month, and the goal is to reduce and eliminate all overflow contracts down to $20,000 a month in required conflict contracts. Unfortunately the contract expenditures exceeded the budgeted amount, therefore, the Public Defenders Office will be over budget by $466,000. In response to Chairman Byers, Defender Hlavac stated that the Indigent Defense Committee will help significantly next year. Manager Walker stated that he would like to applaud the Countys new Public Defender as he has taken on this issue aggressively and proactively, and, in the long term, Defender Hlavac will be saving the County money. In response to Chairman Byers, Manager Walker stated there would be $184,000 carryover in the Contingency Fund. Motion was made by Chairman Byers, seconded by Supervisors Sockwell, and unanimously carried to transfer $466,000 from the Mohave County Contingency Fund to cover Public Defender over-expenditures related to contractual Indigent Defense Services for FY 00-01. ITEM 49: Supervisor Johnson stated that the right of way (driveway) at the back of the old library site belongs to someone else, and the property is going to be sold and the County will be losing several parking spaces. He stated that he has been approached by realtors to see if the County would be interested in using the front part the building, along with the old city hall, to give a right of way to drive through for additional parking. Supervisor Johnson advised that Public Works has looked at the property and recommends approval. He advised that it would help with the sale of the Countys building as it would give back parking spaces. Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to authorize the County Manager to negotiate an agreement with the selling realtor, or the owners of the old Lake Havasu City Office Building Site that is adjacent to the Old County Library Site, for an easement along the front of the properties for the purpose of ingress and egress. ITEM 50A: Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to reconsider the Board of Supervisors action at its June 4, 2001, meeting, regarding the approval of the Mohave County Camp Stephens Use Agreement. ITEM 50B: Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to approve the Mohave County Camp Stephens Use Agreement for a five year period; with the following additional requirements: 1) a list of all officers, 2) a current financial statement, 3) quarterly and yearly financial statements, 4) right to call for an audit at the Countys expense, 5) quarterly and yearly reports on the activities and the number of participants, 6) any buildings be reviewed and approved by Public Works, and 7) the liability limits be reviewed by the County Attorney. ITEM 51: Brian Tassinari, Mike Williams & Associates, outlined the 2001 legislative program and the fiscal impact on Mohave County for 2002 of approximately $446,429. He stated that the biggest threat to Mohave County next year would be the timeshare issue (legislation will return to preempt the Countys ability to determine how timeshare property is assessed), waste tire disposal program (which sunsets next year and in its current form is unfair to the County), indigent capital defense, improvement districts, manufactured housing, the Governors Vision 21 Transportation Task Force, and the Information Storage Bill. Manager Walker stated that Mr. Williams has expressed a cooperative attitude to absorb some of the Countys financial problems in the annual contract, and, in his opinion, investing in lobbyist services is an excellent investment for the Countys legislative agenda. In response to Supervisor Sockwell, Mr. Tassinari stated that they were working on finding a way to create larger improvement districts, within which communities of interest could decide and participate in fixing the sewer problems which is up and down the Colorado River. Eli Mariani, Lake Havasu City resident, addressed the Board regarding the sewer systems, and, in his opinion, it is very important to use Congressional representatives instead of lobbyists. Ron Nicholson, Chief Deputy Assessor, stated that he had the privilege of working with Williams & Associates, and he testified on their behalf as certain bills that benefited Mohave County would not have made it through the Legislature without their expertise. Deputy Nicholson stated that, in his opinion, Mohave County has made an impact, and this is the first time the County has initiated legislation, stopped legislation, and protected the Countys interest. Supervisor Johnson stated that the lobbyists, Mike Williams and Brian Tassinari (graduate of Lake Havasu High School), are doing a wonderful job. He advised that Mohave County has had a very good presence in the State Legislature, and has run more bills than any other County in the State, with the most success. Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to renew the contract with Mike Williams & Associates, for lobbyist services, waiving reimbursement fees, which is a ten per cent savings, along with an additional five per cent decrease for a two year contract. ITEM 52: Marie Meahl, Lake Havasu City resident, commended the Board for holding their meeting in Lake Havasu City. She stated that MCEDA impacted every small business owner in the entire County. MCEDA was instrumental in eliminating the payment of the demand meter on the power bill, averaging $2400 a year per small business. She stated that, in her opinion, the Board should continue funding MCEDA, and let them continue to do what they do best. Motion was made by Supervisor Johnson to approve the renewal of the Economic Development Agreement with Mohave County Economic Development Authority with the same budget cut as the County Departments. Motion died for a lack of a second Supervisor Sockwell read the following statement into the record: MCEDA signed a contract with Mohave County in August of 1997 to promote economic development county wide. During the past four years MCEDA has concentrated their efforts in what is known as the I-40 Corridor and have only two significant achievements to their credit. These achievements are Little Debbie and Griffith Energy. All other possibilities are in limbo. I cant hold anything against Griffith Energy for being good business people, but the County is stuck with what I consider to be a poorly negotiated contract that will yield no benefit to Mohave County, other than 25 jobs until the 5 million dollars, plus interest on the COPs that were used to construct the water system are paid off in 2015, with property taxes received from Griffith. In fact we may have to look to taxpayer dollars to cover shortfalls on some of these payments. There has been much concern from the public regarding the previous County management and Griffith utilizing HURF and FLOOD CONTROL funds to construct a private road into Griffith. This has been commonly referred to as Corporate Welfare. Under their contract Griffith Energy will pay their share of electric and maintenance costs to the water system but will not pay for water. This could amount to more than 2.5 million dollars per year. The benefit of Electrical Power to Mohave County was totally misrepresented, in fact, their power is being sold on the grid to the highest bidder. Remember, these are MCEDAs own words it isnt going to cost the taxpayers of Mohave County a cent. To further reduce the benefits to Mohave County, the County Leadership, at the time, plus MCEDA, through Griffith and County lobbyists, supported HB 2324, and the outcome of its passage resulted in a loss to Mohave County in excess of 20 million dollars in tax revenue over the life time of the plant. During the time I was campaigning for this position and after being elected, I have spoken with many people county wide and the opinion of most is that MCEDA caters to special interests. They are also opposed to putting tax payer dollars into a private organization which has little or no accountability. A good example of accountability is that, to date, I have no idea what sort of deal was made or offered by MCEDA to any pending companies. Based on what I have experienced so far, I see special interest being put before the public, the operation of the county, and the county employees. In fact I see special interest being the root cause of the financial deadlock we have today. Many times we have found MCEDA involved in the political arena, promoting their candidate, while being paid a salary with your tax dollars. Some time ago MCEDA promised that their meetings would be open to anyone who wished to attend but, in fact, I have not consistently been notified of meetings and am not aware of notification in the local newspapers. We in the last four years have spent $800,000 plus of Countys money on MCEDA, and this is what we have received. Motion was made by Supervisor Sockwell, and seconded by Chairman Byers, that the County discontinue funding MCEDA and make economic development an in-house County function. Supervisor Johnson stated that the action the Board is looking at today is very short sighted and, in his opinion, Supervisor Sockwells information is not complete. He stated that there have been quite a few businesses brought in by MCEDA in the last four years, i.e., assisted with Pilot Station, furniture manufacturing company, Harris Rebar, etc. He advised that the shortfall on taxes was statewide, and one reason the County can not attract businesses is that Mohave County has one of the highest tax rates on businesses in the United States. Supervisor Johnson continued by stating that the County and Griffith are partners in the water system, and Griffith has paid their share of everything. Griffith has put 48 million dollars worth of infrastructure. As far as the energy available to Mohave County, Griffith has offered Citizens Utilities, North Star Steel, and others, and to this date, no one has taken advantage. Supervisor Johnson stated that, in his opinion, doing economic development in-house would be total insanity. If the County is unhappy with the job MCEDA is doing, the County should replace them with a similar entity, but separate from the County. Supervisor Johnson stated that, in his opinion, the Board should not take action today, but should continue the item to another meeting to allow more input. Manager Walker stated that he was not defending MCEDA, but until such time that Mohave County has articulated the Countys economic development strategy for what the County wants, how the County wants it, he did not think the County could manage MCEDA, another company, nor an internal organization. Motion was made by Supervisor Sockwell, and seconded by Chairman Byers, to discontinue funding MCEDA until the County has an economic development strategy in place. In response to Supervisor Johnson, Bill Goodale, MCEDA Executive Director, advised that the County has been the leader in the State for rural areas in industrial growth for four/five years. Supervisor Johnson stated that 700 million dollars of industry has been brought in to Mohave County, with more to come, and MCEDA should get the lions share of credit. Mr. Goodale stated that MCEDA has a tremendous amount of prospects, several major projects that will yield a lot of benefit to Mohave County. He urged the Board to approve a one year extension as outlined in the contract, and allow MCEDA time to work with the Board of Supervisors and the County Manager, and if the County does not like the way MCEDA is doing business, then address those issues. He suggested that MCEDA and the County work together on a program that the County is comfortable with and supports. Mr. Goodale stated that creating a situation where MCEDA goes away for awhile, will drop the ball on many projects that people are relying on. He recited MCEDAs Mission Statement: Create and retain jobs and investment and expanded tax base within Mohave County in an environment in which individual residents and families can achieve a better standard of living while maintaining our high quality of life. Mr. Goodale stated that Mohave County needs an organization that works with the prospects, as they are complex, and need attention everyday. He stated MCEDA was the only organization working towards expanding Mohave Countys tax base. Chairman Byers stated that his decision was not a reflection on Bill Goodale. He stated that he had offered over time to reach a compromise, change the Board of Directors, and change their (MCEDA) way of doing business, and he continually met with resistance from some of the members of the Board. The following Roll Call votes were recorded: Supervisor Sockwell Yes, Supervisor Johnson No, and Chairman Byers Yes. Motion carried by majority vote. ITEM 53: Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to designate and appoint Deborah L. Herbert, Chief Civil Deputy County Attorney, as Risk Management Consultant/Risk Manager for the Mohave County Self-Insured Trust Fund, and to authorize her to proceed with obtaining the necessary license from the Arizona Department of Insurance. ITEM 54: Chairman Byers opened the Public Hearing regarding the Amendment to Section 33 of the Zoning Ordinance. There being no written or verbal input, Chairman Byers declared the Public Hearing closed. Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to adopt BOS Resolution No. 2001-212 - 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, as recommended by the Planning & Zoning Commission. ITEM 55: Attorney Ekstrom advised the Board that the encroachment agreement has been ready for approximately six months and awaiting approval from the Bureau of Land Management. He recommended that the Board approve the agreement and allow Mr. Bula to work with the BLM. Motion was made by Chairman Byers, and seconded by Supervisor Sockwell, to approve the settlement agreement regarding an encroachment in the Hualapai Mountains, subject to approval of the Bureau of Land Management within one year, and authorize the execution and acceptance of appropriate deeds, and other necessary documents. In response to Supervisor Johnson, Attorney Ekstrom advised that there would be no problem with the Countys lease with the BLM. Motion was unanimously carried. ITEM 56: Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to authorize the hiring of Dolores Milkie as a regular status Attorney III Civil Deputy County Attorney at Range 53, Step 10. ITEM 57: Motion was made by Chairman Byers, and seconded by Supervisor Sockwell, to approve the Contract for Professional Services for an Operational Review and Analysis of the Mohave County Justice and Superior Courts, between Mohave County and the National Center for State Courts of Williamsburg, Virginia. Supervisor Johnson stated that the contract states: the consultant shall work closely with the County and will provide all reports, proposals, including proposed recommendations to the designated representative of the Courts. In response to Supervisor Johnson, Chairman Byers guaranteed the Board would receive copies of the reports. In response to Supervisor Johnson, Attorney Herbert advised that Fill the Gap funds would be used to pay for the services. The following Roll Call votes were recorded: Supervisor Sockwell Yes, Supervisor Johnson No, and Chairman Byers Yes. Motion carried by majority vote. ITEM 58: Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to approve the Agreement for Indigent Defense Services (conflict cases) between Daniel B. Kaiser and Mohave County. ITEM 59: Motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to approve the Agreement for Indigent Defense Services (conflict cases) between Michael J. Hruby and Mohave County. There being no further business to come before the Board of Supervisors this 18th day of June, 2001, motion was made by Supervisor Johnson, seconded by Chairman Byers, and unanimously carried to adjourn at 10:45 AM. 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