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County: Mohave
Printed In: Standard, The (Kingman)
Printed On: 2026/07/30

Public Notice:

MOHAVE COUNTY BOARD OF SUPERVISORS
MOHAVE COUNTY, KINGMAN, ARIZONA
REGULAR MEETING - JULY 7, 2026

The Board of Supervisors of Mohave County met in Regular Session this 7th day of July, 2003, at 9:35 A.M. In attendance were Tom Sockwell, Chairman; Pete Byers, Supervisor District 1; Buster D. Johnson, Supervisor District 3; Ron Walker, Mohave County Manager; William J. Ekstrom, Mohave County Attorney; and Barbara Bracken, Clerk of the Board.

The meeting was called to order, and the invocation given by Chairman Sockwell, followed by the Pledge of Allegiance.

The following Mohave County Elected Officials, and Department Heads addressed specific items as noted: Mike Hendrix, P.E., Public Works Director; Chris Ballard, Planning and Zoning Director; Deborah Herbert, Chief Civil Deputy County Attorney; John White, Civil Deputy County Attorney; and Morris Brite, Procurement Manager.

Motion was made by Supervisor Byers, seconded by Supervisor Johnson, and unanimously carried to call for an Executive Session to be held July 21, 2003, at 9:00 A.M., 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 advised that he attended the Arizona Corporation Commission Hearings.

Chairman Sockwell advised that there was a teleconference CRRSCO (Colorado River Regional Sewer Coalition) meeting, and the Lobbyist was hired for another year. He advised that the Lobbyist is doing an impressive job.

ITEM 3: No County Manager's Report.

ITEM 4: Motion was made by Supervisor Johnson, seconded by Supervisor Byers, and unanimously carried to approve the May 20, June 2, June 10, and June 16, 2003, Board of Supervisors Meeting Minutes as most recently drafted.

Motion was made by Supervisor Byers, seconded by Supervisor Johnson, and unanimously carried to approve the Consent Agenda minus Items 42 and 52, as follows:

5. Adoption of BOS Resolution No. 2003-215 - Extension Of Time For A Rezone for the north 294.63 feet of the east 659.46 feet of the SW1/4 SW1/4 of Section 34, in Township 41 North, Range 15 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 (north of Interstate 15, between the Virgin River and County Highway 91), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission.

6. Adoption of BOS Resolution No. 2003-219 - Rezone of the W1/2 SE1/4 SW1/4 NW1/4 of Section 13, Township 39 North, Range 16 West, from R-E/10A (Residential-Recreation/Ten Acre Minimum Lot Size) zone to A-R/1A (Agricultural-Residential/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 Mohave County Planning and Zoning Commission.

7. Adoption of BOS Resolution No. 2003-220 - Rezone of a portion of the NE1/4 NE1/4 of Section 20, lying southwesterly of Mohave County Highway 389, in Township 41 North, Range 6 West, from A-R (Agricultural-Residential) zone to C-2H (General Commercial Highway Frontage) zone, in the Arizona Strip Area (southwest corner of County Highway 389 and Cane Beds Road), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission.

8. Adoption of BOS Resolution No. 2003-221 - Zoning Use Permit on a portion of the NE1/4 NE1/4 of Section 20, lying southwesterly of Mohave County Highway 389, in Township 41 North, Range 6 West, for a Swap Meet in a C-2H (General Commercial Highway Frontage) zone, in the Arizona Strip Area (southwest corner of County Highway 389 and Cane Beds Road), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission.

9. Adoption of BOS Resolution No. 2003-222 - Rescission Of BOS Resolution Nos. 96-365, 97-377, and 2001-02 which approved the Rezone and the Extensions of Time for a Rezone of a portion of the NE1/4 SE1/4, the S1/2 NE1/4 and Government Lot 2, lying westerly of Mohave County Highway 91, in Section 5, Township 40 North, Range 15 West, in the Arizona Strip Area (west of County Highway 91 and north of Interstate 15), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission.

10. Adoption of BOS Resolution No. 2003-216 - Extension Of Time For A Rezone of the NW1/4 NW1/4 NW1/4 of Section 35, excluding the west 50 feet, the north 42 feet and the 40-foot by 30-foot triangle in the northwest corner, in Township 19 North, Range 22 West, from C-2/1A (General Commercial/One Acre Minimum Lot Size) zone to C-2H (General Commercial Highway Frontage) zone, in the South Mohave Valley Area (southeast corner of State Highway 95 and Joy Lane), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission.

11. Adoption of BOS Resolution No. 2003-224 - Abandonment of the easterly 5 feet of Calle Del Media, lying on the west side of Linda Vista, Tract 4178, from the southerly Right of Way line of Aztec Road to the northern boundary of the El Rodeo Channel, in the N1/2 NW1/4 SE1/4 of Section 23, Township 19 North, Range 22 West, in the South Mohave Valley Area (east of State Highway 95 and south of Aztec Road), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission.

12. Adoption of BOS Resolution No. 2003-225 - Rezone of Parcel 248-A, in Section 6, Township 21 North, Range 18 West, from A-R/4A (Agricultural-Residential/Four Acre Minimum Lot Size) zone to A-R (Agricultural-Residential/One Acre Minimum Lot Size) zone, in the Golden Valley Area (north of Highway 68 on the east side of Lochiel Road), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission.
13. Adoption of BOS Resolution No. 2003-226 - Rezone of Parcel 2B-4, in Section 28, Township 21 North, Range 19 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 Highway 68 and west of Egar Road), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission.

14. Adoption of BOS Resolution No. 2003-227 - Rezone of the westerly 241.95 feet of Parcel 266 lying northerly of the center line of Arizona State Highway 68, in a portion of the NE1/4 NE1/4 of Section 10, Township 21 North, Range 19 West, from A-R/10A (Agricultural-Residential/Ten Acre Minimum Lot Size) to A-R (Agricultural-Residential) and C-2H (General Commercial Highway Frontage) zones, in the Golden Valley Area (north of Arizona State Highway 68, between Egar Road and Estrella Road), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission.

15. Adoption of BOS Resolution No. 2003-229 - Zoning Use Permit on Parcel 9, Redwall Ranch Estates, in the NW1/4 SW1/4 of Section 24, in Township 21 North, Range 19 West, for an animal rescue and sanctuary in an A-R/36A (Agricultural-Residential/Thirty-six Acre Minimum Lot Size) zone, in the Golden Valley Area (south of State Highway 68, between Laguna Drive and Teddy Roosevelt Road), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission.

16. Adoption of BOS Resolution No. 2003-230 - Rezone of Parcel 22-A, Hidden Meadows, Unit 1, as shown on Parcel Plats Book 19, Page 24 and 24A, in Section 34, Township 24 North, Range 16 West, from A-R/16A (Agricultural-Residential/Sixteen Acre Minimum Lot Size) zone to A-R/5A (Agricultural-Residential/Five Acre Minimum Lot Size) zone, in the Mohave County General Area (east of Stockton Hill Road and north of Calle Lucero), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission.

17. Adoption of BOS Resolution No. 2003-217 - Extension Of Time For A Rezone of Lot 3, Block B, Lake Mohave Country Club Estates, Unit 3, Amended, in Section 31, Township 22 North, Range 16 West, from R-M/20M (Multiple-Residential/Twenty Thousand Square Foot Minimum Lot Size) zone to C-2 (General Commercial) zone, in the Kingman Area (east of Stockton Hill Road, between Northern Avenue and Gordon Drive), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission.

18. Adoption of BOS Resolution No. 2003-218 - Extension Of Time For A Rezone of Lots 13 and 14, Block Y, Lake Mohave Country Club Estates, Unit 3, Amended, in Section 31, Township 22 North, Range 16 West, from R-M/1A (Multiple-Residential/One Acre Minimum Lot Size) zone to C-2 (General Commercial) zone, in the Kingman Area (east of Stockton Hill Road, between Gordon Drive and Northern Avenue), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission.

19. Approve an Original Liquor License for Jeanne Kay Greenfield, dba, Jeanne Kay's, 16040 N. Pierce Ferry Road, Dolan Springs, Arizona, Series Beer and Wine Store.

20. Approve a Permanent Extension of Premises/Patio Permit for Judy's, 260 Main, Oatman, Arizona.

21. Approve a Special Event Liquor License for Mohave County Republican Central Committee, Unit 1, Hualapai Mountain Park, Kingman, Arizona, for August 24, 2003.

22. Approve to continue an existing lease (A-9249) for a period of 25 years with the Bureau of Land Management for the use of Dolan Springs Community Park.

23. Adopt BOS Resolution No. 2003-233 - Approve to set August 4, 2026 for a Board of Supervisors Hearing to consider a possible adjustment to the base water rate for the I-40 Industrial Corridor Water System located in Mohave County.

24. Acknowledge receipt and refer to Public Works, for review and recommendation, a Petition requesting Horse Mesa Road beginning at Shipp Drive and ending at Abrigo Drive, with a general course of North to South, be accepted into the Mohave County Road System for maintenance, located in the Golden Valley area.

25. Acknowledge receipt and refer to Public Works, for review and recommendation, a Petition requesting S. Bowie Road beginning at Shipp Drive and ending at Crystal Drive, with a general course of North to South, be accepted into the Mohave County Road System for maintenance, located in the Golden Valley area.

26. Sitting as the Board of Directors of the Golden Valley County Improvement District No. 1: Adopt GVID Resolution No. 2003-1 to correct an error on the assessment diagram for the waterline extensions Phase IV Water Improvement Project (Parcel 306-16-047C).

27. Acknowledge receipt and refer to the Transportation Commission, for review and recommendation, a Petition to establish Boriana Mine Road from Alamo Road to Ranch Pole #22369, as a County Highway, located in the Yucca area.

28. Acknowledge receipt of petition to establish Sterling Road from Nicholas Drive 9/10 of a mile East to Vanderslice as a County Highway for the purpose of conducting a test soil stabilization project due to heavy vehicle traffic, and 1) direct the County Engineer to file with the Board a report and map of the proposed highway; 2) set July 21, 2003, for a public hearing on the petition; and 3) give proper notice to the public of the hearing.

29. Approve the waivers for property tax exemptions for the 2003 tax year, according to ARS 42-11153B, as requested by Beverly Payne, Mohave County Assessor.

30. Approve the monthly report for Procurement Activity between $10,000 and $35,000.

31. Approve to award a Sole Source Procurement Contract to Empire Machinery, Mesa, Arizona, for Heavy Equipment Maintenance (parts and labor) for the Mohave County Public Works - Motor Pool Division.

32. Approve a multiple award for Bid No. 03-B-06 - Asphalt/Emulsions to: Chevron Products, Tucson, Arizona; Ergon Asphalt, Las Vegas, Nevada; and Koch Asphalt, Peoria, Arizona.

33. Approve the 2003/2004 Drug Control and System Improvement ACJC Grant No. PC-100-04, between the Arizona Criminal Justice Commission and Mohave County Attorney's Office, effective July 1, 2003, through June 30, 2004.

34. Approve the renewal of the contract with the State of Arizona Board of Equalization for Hearing Officer Services for the Mohave County Board of Equalization for an additional one year period (06-03-2026 through 06-03-2026).

35. Approve the "Assignment of Franchise" from Citizens Utilities Company to UniSource Energy Corporation, the franchise granted to it January 2, 1996, authorizing it to operate a water system franchise in particularly described areas in Mohave County.

36. Authorize payment of April, May and June 2003, invoices, billing statements, and claims for Superior Court mandated services of Juror Compensation, Legal Services, Mental Health Services, and Court Costs/Investigations, in the amount of $47,525.05.

37. Acceptance of Grant from Criminal Justice Enhancement Fund in the amount of $23,459 for overtime pay and equipment for the Mohave County Sheriff's Office.

38. Approve the request by: 1) the City of Lake Havasu City for the Mohave Elections Department to assist with the administration of the Havachoice Initiative for the September 9, 2026 special election; 2) the Chloride Domestic Water Improvement District for Mohave County Elections Department to assist with the administration of their governing board election for the September 9, 2026 all mail in ballot special election; and 3) the Mohave County Elections Department to change the location of six polling places throughout Mohave County.

39. Approve hiring Bruce Schneider as GIS Coordinator, at an annual salary of $50,500 which is between step 7 and 8 of his classification's range, effective July 14, 2003.

40. Approve the appointments of the following Democratic Precinct Committeemen: Joan Johns, Mountainview 51; Marcus Pete Hoover and John Gilbert, Hilltop 14, as requested by the County Chair of the Democrat Party.

41. Approve the appointments of the following Republican Precinct Committeemen: David R. Mizer, Smoketree 43; Dorothy E. Robinson, Oro Grande 54; Anne M. McNett, Thunderbolt 63; Sharon Poppen, Susan E. Donahue, Avalon 64; Lori Leann Spradlin and Kenneth Roberg, Daytona 67; Donald E. Garner and Elizabeth M. Garner, El Dorado 69; Claude J. Skinfill, Roadrunner 70; and Joyce L. Wilcox, Palo Verde, 34; as requested by the County Chair of Republican Party.

43. Sitting as the Board of Directors of the Mohave County Flood Control District: Approve Change Order No. 4 to the Contract for the Mohave Wash Channel, MCFD Project No. MC 02-8552A, Phase 1, authorizing an increase in the Contract Sum of $345,900 and increasing the Contract Time by 79 calendar days, which will authorize the Contractor to: 1) Construct the Devlin Wash Box Culvert Bridge project, located at Bank Street; 2) Remove unexpectedly encountered construction debris and trash from the fill disposal area ("Library Site"); and 3) Extend the Construction Time by 79 calendar days.

44. Acknowledge and refer to the Transportation Commission, for review and recommendation, a petition to establish McConnico Road from Oatman Road to Apache Road as a County Highway, located in the Kingman area.

45. Acknowledge receipt and refer to Public Works a petition requesting Blake Ranch Road from Blake R.V. Park to Stephen Road be accepted into the Mohave County Road System for Maintenance, located in the Kingman area.

46. Approve the Cooperative Purchasing Agreement between Mohave County and Lake Havasu City.

47. Approve to award (Request for Proposal No. 03-P-01) an annual contract to Canteen of Phoenix, Arizona, Detention Food Services for Inmates/Juveniles from JULY 7, 2026 through June 30, 2004.

48. Approve the assignment of the Fort Mojave portion of the Cable System Franchise from Americable International Inc., to NPG Cable, Inc., f/k/a NPG Cable of Arizona.

49. Sitting as the Board of Directors of the Mohave County Library District: Approve Mohave County Library District Reference Services Policy, as recommended by the Citizens Library Advisory Committee.

50. Sitting as the Board of Directors of the Mohave County Library District: Approve requested change in hours of operation for the Mohave County Library in Kingman, as recommended by the Citizens Library Advisory Committee.

51. Approve the extension of the County Attorney's appointment of Geraldine Miller as a part time Special Deputy County Attorney, which appointment shall be at no charge to Mohave County, and to approve the Special Deputy Appointment Letter, dated June 25, 2003.

53. Accept the $32,383.43 initial distribution and any additional supplemental distribution from the Estate of Marie C. Hinds, and agree to comply with the restriction that the funds are to be used for improvements/capital expenditures at the Mohave Valley Animal Control Facility.

54. Adopt BOS Resolution No. 2003-235 - Family Counseling Grant for FY 2003-2004 with the Arizona Supreme Court, Administrative Office of the Court, Juvenile Justice Services Division. The County match is 25% of $20,148 = $5,037.

55. Approve the County Manager's Ordinance Report for the time period of April 30, 2026 through June 20, 2003.

56. Acknowledge receipt and refer to the Planning and Zoning Commission for a report on a petition for evaluation of a request for an Abandonment of a portion of Christianson Avenue, running along the south side of Block 13, Lot 13, and along the north side of Block 12, Lot 1, College Heights, Unit 1, Tract 1105, in Section 25, Township 22 North, Range 17 West, in the North Kingman area, (east of Stockton Hill Road and north of Jagerson Avenue) Mohave County, Arizona.

57. Acknowledge receipt and refer to the Planning and Zoning Commission for a report on a petition for evaluation of a request for an Abandonment of a portion of Guthrie Road, running along the west side of Parcels 14 and 15, Golden Valley Ranchos, Unit 12, in Section 33, Township 21 North, Range 19 West, in the Golden Valley area, (north of Shinarump Drive along Guthrie Road) Mohave County, Arizona.

58. Accept the comments and support the recommendation of the Public Land Use Committee to support their recommendation for management on the Arizona Strip Alternative Plans, to be forwarded to the Arizona Strip Planning Effort, and authorize the Board Chairman to sign comment letter to Bureau of Land Management.

ITEM 42: Supervisor Johnson stated that the County had the property appraised, put it up for public auction, and the buyer has "begged" for an extension of the escrow, and now it is found that part of the land that was sold, should not have been sold, and questioned how this happened.

Director Hendrix stated that the land actually being occupied by the County was identified on the ALTA survey, and that information was given to the Title Company. He stated that when the Title Company defined the property some issues fell through the cracks, which we are now trying to clean up.

Manager Walker advised that Wal-Mart has deposited their non-refundable earnest money.

In response to Supervisor Johnson, Director Hendrix stated that he cannot blame the Title Company; it was just an issue that fell through the cracks. He advised that the Attorney's Office reviewed the trade, felt it was equitable, fair, and legal, and the County should move forward with it.

Attorney White advised that busted boundaries sometimes happen in the sale of property that is not identified as accurately as it might be, as happened in this case. He advised that it was cross boundaries, and they should have been side by side; therefore, Wal-Mart proposed exchanging a piece they did not want for a piece that they had bought. He advised that ARS 11-251, _40, authorizes the County, for public purposes, to exchange property on 30 days notice. He stated that the ALTA survey did not pick this up, and when the surveyors went out and staked the property, they found that the boundaries crossed, and this will clear that up.

In response to Supervisor Johnson, Attorney White stated that to ensure this doesn't happen again, boundary descriptions need to be looked at, and that is not something his office does.

Motion was made by Supervisor Byers, seconded by Supervisor Johnson, and unanimously carried to adopt BOS Resolution No. 2003-234 - Authorizing the exchange of 2,330 sq. ft., more or less, of County property for 994 sq. ft., more or less, of the property sold to Wal-Mart at the Public Auction held May 5, 2003.

ITEM 52: Supervisor Johnson stated that the County has had problems with the Medical Examiner Services contract for the past six years, and questioned whether the issue of this being "more or less" a part time position has been rectified. He stated that it is his understanding that the County law enforcement agencies and the morticians have to transport bodies, and the coroner does the investigations and autopsies in the evenings, which puts extra burden on all of our agencies.

Attorney Herbert stated that there is nothing specifically built into the contract that requires the Medical Examiner to perform services at a specific time. She stated that the RFP (Request for Proposal) is set up to have the County continue to handle the transportation. She stated that only one person submitted a proposal, which is the one that is being recommended for approval. She stated that the RFP is for a two year contract, with a set rate, and three one-year options to renew thereafter, upon agreement of the parties.

In response to Supervisor Johnson, Manager Brite stated that it was a two year contract.

In response to Supervisor Johnson, Attorney Herbert stated that quarterly reports are required. She stated that Dr. Nelson has gotten behind on submission of his reports in the past; however, they are now current.

In response to Manager Walker, Supervisor Johnson stated that the question was whether a quality review was being done, as well as quarterly reports. He questioned if the County is verifying what the facility looks like, how it is kept up, where records are kept, etc.

In response to Supervisor Johnson, Attorney Herbert stated that she did not have knowledge of any type of audit such as that being conducted. She advised that such an audit can be conducted if it is the desire of the Board.

Manager Walker advised that the County does not have the capability to do a quality check on forensic medicine; therefore, it would have to be contracted out.

Supervisor Byers questioned if so many people have so much heartburn over this, where are they? He stated that he has not had a single call in his three years. He stated that it was looked into, and it would cost the County three times as much to perform this service.

Motion was made by Supervisor Byers, and seconded by Chairman Sockwell to approve to award (Request for Proposal No. 03-P-03) a Contract in the amount of $17,200 per month for a period of twelve months submitted by Northwest Arizona Pathology Associates, P.C., Kingman, Arizona, for Medical Examiner Services effective July 1, 2003.

In response to Supervisor Byers, Supervisor Johnson stated that if reports are not received in a timely manner, it is a problem.

Manager Walker stated that the reports are current.
In response to Supervisor Byers, Supervisor Johnson stated that he did not think it was micro-managing when you have the liability issues that the County has regarding deceased people in the County. He stated that the County is responsible for taking care of people's loved ones, who are deceased, and he wants to make sure the County is doing their part in making sure the contracts are fulfilled.

In response to Chairman Sockwell, Attorney Herbert concurred that the vital statistics go to the State.

Motion carried unanimously.

ITEM 59: Motion was made by Supervisor Byers, and seconded by Supervisor Johnson to open for discussion the item regarding adoption of BOS Resolution No. 2003-223 - Zoning Use Permit on Lot 6, Block 4, Tierra Plaza Revised, Tract 4009-A, in Section 14, Township 19 North, Range 22 West, for a pet cemetery and crematorium in a C-2 (General Commercial) zone, in the South Mohave Valley Area (eastside of State Highway 95, between Sterling Road and Valencia Road), Mohave County, Arizona. (Commission approved by unanimous vote)

John McCormick, Bullhead City resident, stated that he objected to the Zoning Use Permit for an animal cemetery and crematorium. He stated that he is the managing partner for Hampton Development, which is a partnership that helped develop this tract, which is primarily a commercial development, with some multiple family lots. He stated that this lot is in the middle of the commercial lots. He stated that the Planning and Zoning Commission approved the Zoning Use Permit, but it is his understanding that four letter of objections were not entered into the record at the meeting. He stated that, in his opinion, there are more appropriate locations for this, such as Desert Lawn, which has provisions for an animal cemetery. He stated that he has concerns that some work has already been done, prior to the approval, and, although he cannot confirm it, he believes that there have already been some internments on the property. Mr. McCormick addressed other concerns he had with the issuance of a Zoning Use Permit.

Chairman Sockwell advised that he visited the site, and he agrees that it is not an appropriate site for a cemetery.

In response to Supervisor Byers, Director Ballard advised that four letters were entered into the record at the Planning and Zoning Commission Meeting; and an additional letter came through after the meeting, which discussed the same points as the other four letters. She advised that the letter had been forwarded to the Supervisors.

Supervisor Byers withdrew his motion.

Motion was made by Chairman Sockwell, seconded by Supervisor Byers, and unanimously carried to refer this item back to Planning and Zoning for review, and bring back to the Board.

ITEM 60: Chairman Sockwell opened the Public Hearing regarding the adoption of BOS Resolution No. 2003-228 - Zoning Use Permit on Parcel 92-H, as shown on Parcel Plats Book 5, Page 16, in the E1/2 SW1/4 SE1/4 NE1/4 of Section 15, Township 21 North, Range 18 West, for a secondary residence in an A-R (Agricultural-Residential) zone, in the Golden Valley Area (south of State Highway 68, between Adobe Road and Aztec Road), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission.

There being no public input, Chairman Sockwell closed the Public Hearing.

Motion was made by Supervisor Byers, seconded by Supervisor Johnson, and unanimously carried to adopt BOS Resolution No. 2003-228, as stated.

ITEM 61: Chairman Sockwell opened the Public Hearing regarding the adoption of BOS Resolution No. 2003-231 - Rezone of Parcel 759, Stagecoach Trails At Santa Fe Ranch, Unit 8, in Section 27, Township 16 North, Range 17 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 Yucca Portion of the Mohave County General Area (west of Alamo Road between Box Canyon Drive and Red Cloud Drive), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission.

There being no public input, Chairman Sockwell closed the Public Hearing.

Motion was made by Supervisor Johnson, seconded by Supervisor Byers, and unanimously carried to adopt BOS Resolution No. 2003-231, as stated.

ITEM 62: Chairman Sockwell opened the Public Hearing regarding the adoption of BOS Resolution No. 2003-232 - Zoning Use Permit on Lot 127, Gateway Acres, Tract 9, in Section 17, Township 25 North, Range 19 West, for a church in an A (General) zone, in the Dolan Springs portion of the Mohave County General Area (south of Pierce Ferry Road between Cattle Drive and Cedar Road), Mohave County, Arizona, as recommended by the Mohave County Planning and Zoning Commission.

There being no public input, Chairman Sockwell closed the Public Hearing.

Motion was made by Supervisor Byers, seconded by Supervisor Johnson, and unanimously carried to adopt BOS Resolution No. 2003-232, as stated.

ITEM 63: Motion was made by Chairman Sockwell, and seconded by Supervisor Byers to open for discussion the item regarding adoption of BOS Resolution No. 2003-212 as a Mohave County Ordinance prohibiting the application of sewage sludge on all land under the authority of the Mohave County Board of Supervisors.

In response to Emma Jean Watson, Ft. Mojave resident, Chairman Sockwell explained that regulation is another option that is going to be looked at. He stated that, it is his belief, if the Board chooses to enact a regulation, they will leave the interim ban in place, to allow time for publication and to look at the regulation, because of the complexities involved.

In response to Ms. Watson, Attorney White advised that the County cannot prohibit something that has already been permitted, in order to protect due process rights.
In response to Ms. Watson, Attorney White advised that he did not believe the State permits were good forever. He stated that they are not really permits, but State authorization allowing the application. He stated that she would have to talk to the State to find out how long the authorization is good for.

Ms. Watson questioned how the other 19 counties were able to ban A and B biosolids.

Attorney White advised that he could not answer that question; he could only speak to the ordinance before the Board.

In response to Ms. Watson, Chairman Sockwell advised that the Board will be banning any further farms from using biosolids. He stated that that is why the Board is looking at licensing, so it can be regulated. He stated that the Board admits, up front, that a ban will not stop application of biosolids on previously authorized farms.

Ms. Watson stated that there are three elected officials, elected to protect the health of their constituents. She stated that there are approximately 50 families that have been found to be ill. She stated that something is wrong somewhere. She stated that other counties have been able to ban biosolids, and Mohave County should also be able to.

Chairman Sockwell advised that even if Mohave County adopts a control ordinance, they cannot stop the use of biosolids on the Reservation.

Ms. Watson stated that we need to start somewhere. She stated it is a good "cop out" to say we can't do anything about the Reservation, so let's do nothing to protect the people at all.

Attorney White stated that he understands Ms. Watson's concern; but this particular ban ordinance can only take facts as they exist at the time for a total ban. He stated that the licensing ordinance that the Board is looking at is what will actually take care of the public health and safety concerns that Ms. Watson is talking about. He stated the licensing ordinance requires the initial application fee of $25,000 per application site. He stated that the $25,000 would be used to obtain testing facilities to test each and every site, to make sure the biosolids are laid down appropriately, and do not constitute a public health hazard. He stated that part of the problem this Board and the Legal Department have is that biosolids are authorized by the Federal Government, the Environmental Protection Agency, and is even held out as being beneficial to the land. He stated that these are Federal laws, they are not laws that the County can change. He advised that the law does not authorize the County to go forward and adopt an ordinance that is against Federal or State law. He stated that the County is authorized to adopt ordinances that are more stringent than State rules and regulations, to the extent the County can demonstrate "peculiar conditions." He stated that "peculiar conditions" are not defined in the law, and heaven only knows if a court will know what they are. He stated the Constitution of this State prohibits the County from enacting ex post facto laws, which are laws that reach backward in time and criminalize activities that were not criminal before the enactment of the law. He stated that the other aspect is due process protected property interests, which is the right to use your land in a way that you were using it prior to the enactment of an ordinance. He stated the Board of Supervisors has a lot more statutory authority than is embodied in the two ordinances; however, it has to be remembered that the County is developing these ordinances as they go along. He stated that nobody in this County has experience with how to deal with this issue, so they are learning as they go. He stated that they are attempting to draft ordinances to present to the Board, so the Board can obtain public input and comment, in order to determine what level of ordinance they need to adopt. He stated that the Board has directed Planning and Zoning staff to enact a broader based Planning and Zoning land application ordinance. He stated that specific authority under zoning law allows licensing and regulation of sewage sludge. He stated that this takes a long time to put into place, as it has its own due process requirements.

Ms. Watson stated that there must be some way, if it is affecting the public health, to protect the constituents. She stated that ADEQ and EPA say it is up to the County.

In response to Ms. Watson, Supervisor Byers stated that Attorney White did not say nothing can be done, he said that the County would try to enact an ordinance to regulate biosolids, but it takes time to enact this regulation. He stated that the ban that has been put into place does not stop anybody who is previously authorized to use biosolids. He stated that the regulation will change the way biosolids are applied.

Attorney White stated that when this becomes a Planning and Zoning ordinance, application will be prohibited in floodplains, or anyplace it can get to a water table or navigable waters. He stated that the licensing ordinance will touch upon this, but a full blown Planning and Zoning Ordinance will actually prohibit it. He stated that the County can, in a sense, regulate it by ensuring that it can only be placed where it cannot harm people.

Manager Walker stated that the majority of the Board has been on record as being against the application of sewage sludge in Mohave County, and, in his opinion, that has been made pretty clear. He stated that what we have now are the technical aspects of how we prevent this, without having to go to court and have everything the County wants to do overruled, where we have no control whatsoever.

Ms. Watson stated that what everyone is hoping for is that something will happen to help the people living in Mohave Valley. She stated that there has to be some way to stop it.

Chairman Sockwell stated that is what Attorney White has spent untold hours of research trying to do.

Ms. Watson stated that it would help if the people in Mohave Valley were aware of what is going on. She stated that nobody has sat down and talked to them, and let them know what the County is trying to do.

In response to Ms. Watson, Chairman Sockwell stated that a simple telephone call to him would eliminate that problem.

Ms. Watson advised that she had called his office twice.

Chairman Sockwell stated that the Board called a meeting in Mohave Valley for the public, and it turned into an absolute fiasco. He stated that what happened that night was atrocious.

Ms. Watson stated that the people were upset because the Board was telling them "this is fine for you," when they were sick, "this is what we're going to do." She stated that, in her opinion, it could have been a lot worse than it was.

In response to Supervisor Johnson, Manager Walker advised that he did not have a formal report from the Health Department. He stated that it cannot be said, without any doubt, that sewage sludge is the cause of the illnesses. He stated that the illnesses could be caused by a number of things, and the Federal Government has no data; therefore, we are in a lurch at being able to assign a specific cause.

Supervisor Johnson stated that if the County saw the 56 people that have been affected and came to a determination as to the cause, in his opinion, the County would have the authority to ban use of all biosolids, in the interest of public health and safety.

Attorney White stated that this would probably be an accurate summary. He advised that Title 36-601 allows the Public Health Department to stop people who are creating health menaces. He stated that, in order to determine if something is a health menace, a lot of testing and research need to be done, to ensure that the people who are sick are, in fact, sick from sewage sludge. He stated that he does not have a formal report, but he does have the same anecdotal information as the County Manager, and, so far, the illnesses cannot be attributed to sludge; therefore, Title 36-601 authority cannot be used.

In response to Supervisor Johnson, Attorney White stated that it is his understanding that the County is conducting a continuing, on-going investigation, trying to find out what is causing the illnesses.

Manager Walker stated that the Health Department is trying to contact all the people who contacted them. He stated that other things that cannot be ruled out, particularly in children, are food borne allergies, or other allergies; therefore, in order to do a proper study, significant evidence would be needed to rule out the other issues. He advised that it would be a very time-consuming, technical, and difficult project.

Judy Perle Wilcosky, Mohave Valley resident, stated that she was one of the first people to contact the Health Department about her son and her family situation, and nobody has interviewed her or made any attempt to re-contact her. She stated that she was asked a series of questions, and that was all that was done. She stated that the proposed ordinance states that there is substantial evidence linking illness and health risks to the spraying of biosolid waste. She questioned why the Board is proposing an ordinance to continue the spreading of Grade B material, and why it is lessening the distance of spreading near residential areas from 500 feet to 300 feet. She suggested imposing an ordinance prohibiting the spreading of all Grade A and B biosolid waste, issuing permits to all farmers and/or spreaders for EQ Grade only, and increasing the current distance of spreading near any residential area. She questioned why the Board is proposing the issuance of new permits for a fee of $25,000, with exemption for the current spreaders, if it is clear that great harm is being done to the lives of the citizens of the community. She questioned how the County can justify lining its pockets with permit money at the expense of the health and welfare of the residents.

Ms. Wilcosky stated that this proposed ordinance does nothing for her family, especially her child who has suffered greatly. She stated that, in her opinion, the Board has placed the residents in eminent danger, and continues to do so. She questioned who the Board and/or Staff met with to compile the data for writing the proposed ordinance; and why the Board would not ask for the forming of a committee of the general public for input. She stated that there has been no public announcement requesting citizen input or the forming of a committee, and, in fact, the general public has only been allotted a two to three minute timeframe today to express their concerns.

Ms. Wilcosky asked how many acres are currently spreading biosolid waste; which farmers are spreading, by name, zone and/or area; how many more acres will be allowed to spread with permits if the proposed ordinance is passed; is the information public record, and, if so, how can it be obtained by the public; and if it's not of public record, why isn't it. She stated that she would like to express her dissatisfaction with the Boards' proposed ordinance.

Ms. Wilcosky stated that her family moved from an agricultural area in Texas two years ago, and her son was never sick. She stated that if the spreading of biosolid waste in Mohave Valley had been made public from the beginning, she would not have moved here, subjecting her son to the harm that has been caused him. She stated that the members of the Board have the ability to do the right thing and protect its citizens from further harm, and, in her opinion, the only way to do this is to impose an ordinance permitting the spreading of EQ Grade biosolids only, and increase the current distance within which the spreading is done. She stated that she is in favor of banning, and opposed to the issuance of permits allowing continued spreading of Grades A and/or B.

Ms. Wilcosky reviewed her son's medical problems since moving to Mohave County, and stated that he is on a better path at this point, but now has a life-time illness.

Jack Christy, Mohave Valley resident, stated that he reviewed the draft resolution, and, in his opinion, some things should be added. He stated that there is no County monitoring set up, there is no warning on the signs in the area, and there is no fencing.

In response to Mr. Christy, Attorney White advised that the County cannot enact a law that prohibits something that was legal when it was done. He stated that currently Synagro is regulated by the State.

Mr. Christy stated that in the draft resolution it states it is a matter of local government choice whether the biosolids are land applied.

Attorney White stated that the State legislature has taken that authority away with ARS 49-112, which he does not wish to elaborate on, as the County has been promised lawsuits regarding this.

In response to Mr. Christy, Chairman Sockwell stated that the County has been in contact with the Federal Government, and he has talked personally with Congressman Trent Franks regarding this issue. He advised that when the biosolids meeting was held in Mohave Valley there was a representative from Senator McCain's office present.

In response to Mr. Christy, Chairman Sockwell advised that, at the meeting in Mohave Valley, it was requested that anyone having any kind of illness they felt was related to sewage sludge, contact the Health Department.

Mr. Christy advised that a lot of people, including him, have trouble getting through to the Health Department. He advised that there is only one person able to take the reports, and it is hard to contact her; therefore, maybe a task force needs to be set up so there are more people available to take reports. He stated that everyone is saying there is no proof that these illnesses are being caused by biosolids, yet nobody at the governmental agency level is expending any effort to prove this one way or the other.

In response to Mr. Christy, Supervisor Byers stated that he was in possession of a letter from Synagro's attorney stating "we believe that the Board lacks the authority to adopt the proposed permanent ban on biosolids;" therefore, he does not think Synagro is "dancing around in the streets" with the County's proposal.

Eleanor Koppel, Bullhead City resident, stated that she has been following the sludge issue for quite a number of years in Los Angeles County. She reviewed Kern County's process when writing their ordinance. She stated that in Mohave County we are talking about people whose health is affected, and this is a very important issue. She stated that the resolution before the Board is the first step in a ladder, a ladder that will take a very long time to climb. She stated that the citizens of Mohave County need to know what is proposed, and what is going on. She advised that the counties in California were challenged in court, and all their ordinances have been upheld. She advised that in Kern County the farmers were allowed to phase out the land application of sludge in a three year period, and this should be Mohave County's ultimate goal.

Martin Koppel, Bullhead City resident, thanked the Board for their efforts and patience. He stated that, in his opinion, the Board is going in the right direction, and he encourages them to keep going in that direction. He stated that he has gone through this process three times, and the difference in Mohave County is the amount of children's health being adversely affected. He requested the Board to unanimously adopt BOS Resolution No. 2003-212. He suggested that the Board look into what other counties have done to reach a final ban.

Joseph Allred, representing the town of Colorado City, questioned whether this resolution included areas within incorporated cities.

Attorney White stated that it does not include areas within incorporated cities, as the County has no jurisdiction within incorporated cities or Indian land.

Brent McManigal, representing Synagro West, Inc., stated that the Board received a letter from Synagro's legal counsel, outlining their position very strongly. He stated that they do not support the ordinances, and they are disappointed that the County has taken such a negative action on biosolids, given that there is overwhelming scientific evidence and studies that show that biosolids are safe. He stated that they are disappointed that the County has been unwilling to work with them, to allow them to operate under the management plan that they volunteered. He stated that they are disappointed that they must continue to move in a direction that points them towards litigation, and that is not a direction that they would like to move. He stated that the County is denying the farmers a safe, effective fertilizer, that's scientifically proven to conserve water, grow healthier crops, and reduce the reliance on chemical fertilizers and pesticides.

Manager Walker requested Attorney White read the Synagro letter into the record.

Attorney White stated that the letter was from Salmon, Lewis & Weldon, a law firm in Phoenix, representing Synagro. He advised that the letter was faxed to the County at 9:10 A.M. this morning, and was addressed to him, at the County Attorney's Office. He read the following letter into the record: "Dear. Mr. White: This firm represents Synagro West, Inc., a leading supplier of biosolids and biosolids products for agricultural, landscaping, and other uses. We are submitting these comments to inform the County of our position on Resolution No. 2003-212 and the proposed biosolids licensing ordinance that the Mohave County Board of Supervisors is considering. We believe that the Board lacks authority to adopt the proposed permanent ban on biosolids and the proposed licensing requirements for existing uses. Furthermore, adoption of these ordinances would violate State law and the substantive and procedural rights and interests of Synagro and the farmers in Mohave County who use Synagro's products.

For nearly two years Synagro has been supplying biosolids to farmers in Mohave County for use as a fertilizer and soil amendment. This product, supplied to farmers in your county free of charge, provides numerous benefits that increase crop yields at greatly reduced operating costs. Synagro's products, which are applied and used throughout the Nation under standards and practices that exceed all current legal requirements, have been proven a safe and beneficial agricultural product whose use is advocated by federal and state agencies.

The Board of Supervisors recently passed an interim ordinance banning the land application of Class A and Class B biosolids in those portions of Mohave County under the Board's jurisdiction. It is our position that the Board's interim resolution is invalid because: (1) the Board lacks authority to regulate biosolids in Arizona; (2) the ordinance is preempted by existing State law; and (3) the ordinance is in direct conflict with numerous State statutes; and (4) the Board violated Arizona's open-meeting laws and other statutory mandates in adopting the ordinance. There also were other procedural and substantive problems with the Board's action.

Despite these issues, Synagro has attempted to work with County officials to address their concerns within the constraints of the County's limited authority in this area. In addition to our discussions with your office, Synagro has spoken on numerous occasions with County health and planning officials in an attempt to achieve a workable solution to this situation. Unfortunately, Synagro's attempts to work with the County have been largely rebuffed by the Board and County Attorney's office. Synagro has avoided injury from the interim ordinance only by shifting its operations to other locations on a temporary basis.

The County has now posted notice that the Board will consider adoption of Resolution No. 2003-212 at its JULY 7, 2026 regular session. This resolution makes permanent the prohibition on the land application of biosolids contained in the earlier interim ordinance. Although it is our understanding that this permanent ban will not affect those farms where biosolids are currently used, the Board is also considering an ordinance which would impose licensing requirements on existing users of biosolids in Mohave County. These licensing requirements are so burdensome and extreme that compliance will be virtually impossible, rendering even existing biosolids use in the County illegal. Together, these two ordinances would inflict serious injury upon Synagro's business interests, disrupt existing agreements and business plans, and damage Mohave County's own agricultural community.

As with the interim ordinance, it is our position that the Board lacks authority to adopt Resolution No. 2003-212 and the licensing ordinance. Even if the Board possessed statutory authority to adopt these ordinances, they would directly conflict with numerous State statutes regarding biosolids, agricultural products and practices, and environmental protection, rendering them invalid and unenforceable. Furthermore, a comprehensive program of State regulation already governs every aspect of biosolids use and application, preempting further regulation by the County. In addition, the actions that the Board proposes to take would violate Synagro's procedural and substantive rights.

We urge you and the Board to reconsider adoption of the proposed ordinances. Current Federal and State law, in conjunction with Synagro's own best management practices, provides more than adequate protection of the public's health and welfare. Synagro is willing to continue to work with the County and its residents to address local concerns within the context of existing laws and regulations. But if the Board proceeds with its plans to adopt these ordinances, Synagro will have no choice but to defend its interests through any legal means available.

We hope we can work with you to resolve this issue in a reasonable and amicable fashion. Sincerely."

Attorney White explained that this letter is telling the Board that if they adopt either one of the ordinances, the ban ordinance, or a licensing ordinance, they will sue the County. He advised the Board that they have more than adequate legal authority to adopt the licensing ordinance, and it will affect existing uses. He advised that a farmer that is currently applying biosolids will have to apply for a license to continue to apply it, and that is how you prohibit on-going applications. He advised that Synagro is fairly accurate in their statements as to the contents of the County's ordinances; however, he disagrees with them, legally, on how far they think they can go.

Mr. Koppell stated that Synagro's letter states that they apply all over the country, and actually, they don't. He advised that they have been banned in many of the counties where they have tried to apply biosolids.

Motion was made by Chairman Sockwell to adopt BOS Resolution No. 2003-212 as a Mohave County Ordinance prohibiting the application of sewage sludge on all land under the authority of the Mohave County Board of Supervisors, and request the Clerk of the Board to place the License Requirements Ordinance for Public Hearing at the August 4, 2003, BOS Meeting.

Supervisor Byers stated that he would second the motion if Chairman Sockwell would amend the motion to leave the current ban in place, and direct the Health Department to report to the Board at the August 4, 2003, BOS Meeting, the progress of contacting and documenting the problems of the 59 people.

Motion was amended by Chairman Sockwell, and seconded by Supervisor Byers to adopt BOS Resolution No. 2003-212 as a Mohave County Ordinance prohibiting the application of sewage sludge on all land under the authority of the Mohave County Board of Supervisors; request the Clerk of the Board to place the License Requirements Ordinance for Public Hearing at the August 4, 2003, BOS Meeting; leave the current ban in place; and direct the Health Department to report to the Board at the July 21, 2003, BOS Meeting, the progress of contacting and documenting the problems of the 59 people.

In response to Supervisor Johnson, Chairman Sockwell advised that the $25,000 fee will be part of the licensing ordinance, if adopted, and it is only being set for public hearing at this time.

Attorney White advised that this ordinance will also have to be published under the fee statute, so the fee can be included in both ordinances, or it can be adopted separately.

Supervisor Johnson stated that he would like to make sure the fee covers Mohave County's cost for testing.

Attorney White stated that the cost is presently an estimate only, based on inspection of these farms three or four times during an application, and will be looked into further; however, it will most likely go up, depending on reports needed. He stated that, in reference to Ms. Wilcosky's statement, the distances quoted in the ordinance are simply in there because the ordinance presented at this time is a model from another county, so these distances can be changed.

In response to Supervisor Byers, Attorney White advised that the Board can make changes to the ordinance.

In response to Supervisor Johnson, Attorney White stated that, under Arizona law, the County has no right to regulate agricultural land for agricultural purposes if it is five contiguous commercial acres or more. He stated that that is the statute that leads to Planning and Zoning for a land use ordinance, which provides for more regulatory breadth and scope for licensing and regulations. He stated that the licensing ordinance that the Board has before them falls under a Statute that's uniquely a Board of Supervisors Statute, to use with their public health and safety authority.

In response to Supervisor Johnson, Attorney White stated that it does not matter if the biosolids are applied on one acre or ten acres; it is the actual test, itself, that costs the money.

Supervisor Johnson questioned if more testing would have to be done on a five acre area, than a 100 acre area.

Attorney White stated that the test cost can be based on "per application," as each load comes in, as each load is different, and may come from different areas. He advised that a lot of suggestions will need to be looked at for this particular ordinance.

In response to Attorney White, the Board agreed that the motion is to leave the interim ban in place; place the licensing ordinance and permanent ordinance on the August 4, 2026 BOS Meeting agenda; publish the licensing ordinance; and continue the 2003-212 ordinance for public hearing on August 4, 2003, so they can be looked at side by side, and the Board can receive more public input. Supervisor Johnson stated that the motion also included a report from the Health Department.

Supervisor Byers advised that he did not want to adopt BOS Resolution No. 2003-212 today, he wanted to keep the interim ban in place.

Clerk Bracken clarified that Chairman Sockwell motioned to adopt BOS Resolution 2003-212; instruct the Clerk to publish for Public Hearing on the license; and have the Health Department report back to the Board on August 4, 2003.

Supervisor Sockwell advised that the Health Department report was to be on July 21, 2003.

Supervisor Johnson stated that it was his understanding that Supervisor Byers changed the original motion to hold over the enactment of the emergency ordinance that is in place now, and re-address BOS Resolution No. 2003-212 at the August 4, 2003, BOS meeting.

Chairman Sockwell explained that an emergency ordinance has already been adopted that is basically the same as what BOS Resolution 2003-212 would be; therefore, the ban can be carried on with the emergency ordinance.

Chairman Sockwell stated that, for people who say they cannot get in touch with him, he is in the office, his assistant is in the office, he has voice mail when they are gone, he has email, and he has a fax; therefore, there is no reason for anyone to tell him that they cannot get hold of him. He stated that if someone wants to have a meeting with him, it is very easy to call and say they would like to meet with him, and he is there.

Clerk Bracken read the amended motion as follows: "Motion was amended by Chairman Sockwell to hold over the ordinance that is in place; continue BOS Resolution 2003-212 to the August 4, 2003, BOS meeting; set for Public Hearing the license requirement for the August 4, 2003, BOS meeting, and for the Public Health Department to report to the Board at the July 21, 2003, BOS meeting."

Motion carried unanimously.

ITEM 64: Supervisor Byers introduced Mr. Druian and Ms. McGehee to the Board, and stated that if there were any questions, they would be happy to answer them.

Motion was made by Supervisor Byers, seconded by Supervisor Johnson, and unanimously carried to approve the reappointments of Leonard Druian and Kathleen McGehee to the Citizens Library Advisory Committee, for Supervisorial District 1, with Mr. Druian's term expiring on 12-31-2004, and Ms. McGehee's term expiring 01-19-2005.

Supervisor Byers thanked the appointees for coming to the meeting.

ITEM 65: Chairman Sockwell advised that he would like to pull the item regarding requesting staff to investigate creating free trade zones within Mohave County, as the people who wanted to speak on this item were not able to make it to this meeting. He requested that this item be placed on the July 21, 2003, BOS agenda.

ITEM 66: Supervisor Johnson advised that he had two vacancies on the Mohave County Board of Health. He advised that Ms. Nyberg will be replacing Anne Knight. He stated that Ms. Nyberg is present at today's meeting, and the Board has had a chance to review all of her information.

Motion was made by Supervisor Byers, and seconded by Supervisor Johnson to approve the appointment of Margaret Nyberg to the Mohave County Board of Health to replace Anne Knight.

Frederick Williams, Golden Valley resident, asked Supervisor Johnson if Ms. Nyberg was a close personal friend, and if there was a possibility of marriage in the future, as, in his opinion, it would then be nepotism.

Supervisor Johnson questioned what it was, exactly, Mr. Williams was asking, and questioned what kind of documentation he had to make such an accusation.

Mr. Williams stated that as a citizen he can ask any question he wants.

Supervisor Johnson stated that he has to ask a question that is relevant to the appointment.

Mr. Williams stated that he did not want to see Mohave County placed in an embarrassing situation, such as it was with Supervisor Johnson's previous relationship with someone on his staff.

Supervisor Johnson questioned Mr. Williams if this was a staff appointment being looked at today, or a board or commission appointment. He questioned if Mr. Williams asked if there was any kind of relationship regarding the previous appointments that were made (Item 64).

In response to Supervisor Johnson, Mr. Williams advised that he wasn't in attendance before.

Supervisor Johnson stated that the appointments were done approximately five seconds ago.

Mr. Williams advised that what the other appointees do is their business, but this is his business.

Supervisor Johnson stated that he makes his appointments based upon qualifications. He stated that if Mr. Williams has documentation showing there is any impropriety between him and any person he appoints to a position, then he should bring it forward.

In response to Supervisor Johnson, Mr. Williams stated that he did not have the faintest idea why he would think Supervisor Johnson would marry this lady next week; it was just something he was throwing out to be questioned. He stated he did not want to humiliate Supervisor Johnson personally, he is just putting this out to the Board. He advised that Ms. Nyberg may be fully qualified, but if she is Supervisor Johnson's girlfriend, is the County going to run into what happened between him and a previous girlfriend.

In response to Mr. Williams, Supervisor Johnson advised him that he was not embarrassing him. He stated that small-minded people come up and bring up things they have no documentation to prove.

In response to Supervisor Johnson, Mr. Williams advised that there was no accusation made, and, in his opinion, he asked a fair and above-board question.

Supervisor Johnson stated that, in his opinion, Mr. Williams was "completely full of it," and he would not answer his question, no matter what he asked.

Chairman Sockwell requested a ruling from Attorney White.

Attorney White advised that Mr. Williams question has nothing to do with the item.

Motion carried unanimously.

ITEM 67: Supervisor Johnson advised that he would like to place the item regarding the request for an updated report regarding lobbyist activities for Mohave County from Williams & Associates, on the July 21, 2003, BOS agenda.

ITEM 68: Discussion and possible action RE: Updated report regarding Mohave County Department of Public Health's participation in the carbon monoxide monitoring in the Bridgewater Channel in Lake Havasu City. Item pulled, as requested by Supervisor Johnson.

Motion was made by Supervisor Johnson, seconded by Supervisor Byers, and unanimously carried to approve the following appointments:

ITEM 69: Reappointment of Barbara Onken to the Mohave County Merit Commission Board from 07-01-03 to 06-30-07.

ITEM 70: Appointment of Steven Seney to the Mohave County Merit Commission Board from 07-01-03 to 06-30-07.

ITEM 71: Appointment of Sandra Millar to the Mohave County Merit Commission Board from 07-01-03 to 06-30-07.

ITEM 72: The meeting continued with the item regarding accepting the Planning and Zoning Department's recommendation to appeal the decision of the District II Board of Adjustments of an appeal from Mr. Deiter Busch regarding the placement of a pre-HUD mobile home, and authorize the County Attorney's Office to pursue an appeal through the Superior Court

Motion was made by Supervisor Byers, and seconded by Supervisor Johnson to authorize the County Attorney's Office to pursue an appeal through the Superior Court, have a rehearing by the Board of Adjustments, and bring the item back to the Board.

In response to Supervisor Johnson, Director Ballard stated that there is a 15 day notice requirement, and then another five days are needed for deadlines.
Attorney White advised that a letter was just received from the State which needs to be copied to the Board of Adjustments and Mr. Busch. He stated that a motion needs to be made for the Board of Adjustments to rehear the appeal to consider the letter, so the County can submit the letter to the Superior Court Judge.

Motion was amended by Supervisor Johnson, and seconded by Chairman Sockwell to include that the item be brought back to the Board within 60 days.

Mr. Dieter Busch, applicant, stated that he was granted the variance to remove an existing travel trailer, and install a pre-HUD mobile home on a piece of property in Mohave Valley. He stated that he has not heard from Planning and Zoning, and only found out about the item being on the agenda today by accident. He stated that, as far as he knows, he has a valid variance.

Chairman Sockwell advised that Mr. Busch was given a variance by the Board of Adjustments; however, Planning and Zoning disagrees, and they are challenging it.

In response to Mr. Busch, Director Ballard advised that new information has been received from the State of Arizona; therefore, the Board of Adjustments is being asked to re-hear the new information. She stated that if the Board of Adjustments' decision stands, it will then be up to the Board of Supervisors to determine which direction to take.

Mel Sorenson, Chair of the Board of Adjustments for District 2, stated that the Board of Supervisors needs to take a look at the ordinance for rewording. He stated that the problem is the ordinance leads people to believe that they have the ability to get a HUD sticker, which, in fact, is not going to happen.

Motion carried unanimously.

ITEM 73: Motion was made by Supervisor Johnson, seconded by Chairman Sockwell, and unanimously carried to reject all bids for RFP 03-P-02 - Detention Medical Services for Inmates/Juveniles, and re-solicit with appropriate changes.

There being no further business to come before the Board of Supervisors this 7th day of July, 2003, motion was made by Chairman Sockwell, seconded by Supervisor Johnson, and unanimously carried to adjourn at 11:15 A.M..

MOHAVE COUNTY BOARD OF SUPERVISORS

________________________________
Tom Sockwell, Chairman

ATTEST:

_______________________________
Barbara Bracken, Clerk of the Board

Public Notice ID: 1998307.HTM