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I said good morning everyone. | 00:00:04 | |
OK, We're going to have a work session today. It's November 26th of 2024. It's 10:00 in the morning. And I've asked Eric Mariscal | 00:00:08 | |
if you'd leave us in the Pledge of Allegiance, please. | 00:00:13 | |
Pledge allegiance of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with | 00:00:20 | |
liberty and justice for all. Thank you. | 00:00:27 | |
Good to see everyone here this morning. | 00:00:38 | |
Be myself and Supervisor Humphrey this morning only, and so we'll proceed with the work session. | 00:00:42 | |
And we have 3 items. | 00:00:50 | |
Which probably will take hours. | 00:00:52 | |
The shorter the agenda, the longer the meeting. That's the rule. But anyway, Item 2A is information and discussion regarding | 00:00:56 | |
proposed changes in revisions to the Hewitt County ordinance #02-01, which is a right of way ordinance. Good morning, homeroom. | 00:01:05 | |
Um, glad to be here again for another work session, chairman and, and, and board members. And we are trying to take advantage of | 00:01:17 | |
the dialogue that happens at the work sessions. One of the things that I wanted to say is I was mentored once, 6060 font, 5 pages, | 00:01:24 | |
30 minutes. OK. And I'm going to try to live through most of those, but I've already failed the 1st 2:00. There's a 17 slides in | 00:01:31 | |
here. | 00:01:38 | |
Is the smallest 14 I think, but it's all important information I think. So we'd like to share it with you. And what we're trying | 00:01:46 | |
to do is gather the information so we can restart the revision of this right away ordinance. We actually hired someone to to | 00:01:53 | |
rewrite this ordinance back in 2022, didn't like the outcome of that write up. It was put on hold and it's been on hold and and | 00:02:00 | |
we're going to restart it again and we'll use some of that. | 00:02:06 | |
Revisions that were put in place. | 00:02:14 | |
But there's a number of permit scenarios that have come up since 2022 that we would like to see addressed in the right of way | 00:02:16 | |
ordinance. And so we're going to be sharing those things with you today, OK. And along the way, if you have any questions, don't | 00:02:22 | |
hesitate to stop me. There is some information later on that may be affected by the question, but will handle the questions as you | 00:02:28 | |
presented. OK. | 00:02:34 | |
And and I do have a team here. | 00:02:41 | |
The team is. | 00:02:44 | |
The public works team that worked on the right of way ordinance that you see Alex and you see Sam, our new surveyor and Scott, | 00:02:46 | |
John and Steve Williams are here today and they played a role and plus others have played a role in this, in this outline of what | 00:02:55 | |
we think the ordinance should have. So let's start with the ordinance revision, the next slide please. | 00:03:03 | |
Is is meant to expand the scope of the ordinance in order to include permitting requirements for covert driveways? | 00:03:12 | |
Right way tie insurance and to provide a process to follow in the right of way work being done without a permit when the right of | 00:03:19 | |
way work is being done without a permit we'd like to see a process for that permit violations also how to address permit | 00:03:27 | |
violations enrollment process and to rewrite for clarity the permit requirements for utilities to work on right of ways. The | 00:03:34 | |
original the ordinance that were that were revising was written in 2002 and its main focus was. | 00:03:41 | |
Utility work in right of ways OK it it didn't concern itself with. | 00:03:49 | |
Property owners doing Co works and driveway tailings and so we'd like to add that to the ordinance. | 00:03:54 | |
Let's see if I can remember how. | 00:04:08 | |
Workplace. So we have some definitions and we're going to use these definitions in our discussion today and potentially in the | 00:04:11 | |
ordinance itself. So the first one is a right of way. It is the full width of the tract of land dedicated for public | 00:04:17 | |
transportation that includes all components of the road, including the travel way, the shoulders, the ditches and the utility area | 00:04:24 | |
on the road. | 00:04:31 | |
Oftentimes on our roads and I'll, I'll probably repeat this later on. | 00:04:39 | |
You see water meters in a ditch because the road is too narrow. And so we're putting two things in the same place. And that's a | 00:04:43 | |
problem for everybody. It's a problem for us, it's a problem for the utilities, problem for maintenance. And we'd like to see we | 00:04:50 | |
can find a way to deal with that going forward. And it's in here in one of the slides. The other one is county right of ways. It's | 00:04:57 | |
simply refers to roads maintained by the county. And in the slide you see a number of different county right of ways. | 00:05:05 | |
Ways that we do anything with them from a permitting standpoint and we're going to address that in some of the slides here when we | 00:05:43 | |
use the word public right of way we and I'll probably use it and then what it means it's all public right of way whether they're | 00:05:50 | |
maintained or not OK and a public utility company as a public service corporation recognized by Arizona Corporation Commission via | 00:05:58 | |
certificate of conveyance and necessity and the and or a licensed by. | 00:06:05 | |
To provide telecom services. So when we think of a utility, we're gonna think of a utility in that way in this PowerPoint | 00:06:13 | |
presentation. And then right away encroachments, we're gonna talk about encroachments. And I just wanted to try to define it. | 00:06:20 | |
It's, it's something that impacts the ability to use the right of way as a 2 lane Rd. at the posted speed limit. And your input | 00:06:27 | |
now and along the way will help with with the rest of the presentation. | 00:06:34 | |
So far so good. | 00:06:43 | |
Humphrey Yeah, yeah. So it's a work session, so something anytime I I had some questions, but you said there would be slides on it | 00:06:45 | |
later. So I'm going to wait for the slides later. And I checked them and if I don't get my answers slides later, then I have | 00:06:51 | |
marked which ones I have questions on. Very good. | 00:06:56 | |
Mr. Chair, thank you. I have no questions either. So on the next slide it talks about. | 00:07:03 | |
Who needs a right away permit and when are they required? And the short answer is anyone working on a public right of way needs a | 00:07:11 | |
right of way permit. And so the list is public utility company property owners, commercial property owners and, and those are the | 00:07:18 | |
groups that we're going to be talking about in in the rest of the slides. | 00:07:24 | |
But anyone working on a right away needs a permit. | 00:07:32 | |
So I wanted to just share some things and I, I know that we deal with public utility company franchises separately. Clerk of the | 00:07:37 | |
Board handles those franchises and we recently approved two of them. But I just wanted to touch base because I think what's | 00:07:43 | |
included in that franchise agreement is very important. | 00:07:49 | |
And and certainly public works need to take advantage of what's in those franchise agreements. But the franchise agreement grants | 00:07:57 | |
a utility a license to use public right of ways. OK. And later on we're going to talk about what does that mean? Does that mean | 00:08:02 | |
county maintain roads? | 00:08:07 | |
Or all public right of ways for the purposes of this of this presentation, when we talk about an ability of a, a, a franchise | 00:08:13 | |
public utility company using the right of ways, we're going to, we're going to say it's all public right of ways, whether they're | 00:08:20 | |
maintained or not. And later on we'll seek legal counsel through the County Attorney and or consultants and we'll figure out if is | 00:08:27 | |
it really what is meant by a public right of way in the franchise agreement. | 00:08:35 | |
And in the in the state statutes or not, are we are we just limited to county maintained roads or can we require a right away | 00:08:43 | |
permit for franchises on all public roads? OK. And again in this presentation it assumes that it's all public right of ways, OK. | 00:08:53 | |
And those things can be easily changed. We just say, no, we want to go this way. We're going to go that way. I'm just, I'm just | 00:09:03 | |
when we think about what we're talking about here, it's all when we're going to require a right away permit from franchise public | 00:09:11 | |
utility companies on all public right aways. So we, we started the franchising back in 2016 and today we have. | 00:09:19 | |
27 plus franchise agreements water, electrical and sewer and the elements of a franchise if you were to read the franchise | 00:09:28 | |
agreements and you have. | 00:09:32 | |
It's a very powerful document. It talks about insurance and talks about indemnification. It is a 25 year agreement for a fee of | 00:09:37 | |
$350.00. It's non exclusive. It holds the county harmless for damages to the to the the public utility system as a result of | 00:09:44 | |
county maintenance or construction and the county may request for those lines to be relocated if they interfere with Rd. | 00:09:52 | |
maintenance. And so it's a well written document. | 00:09:59 | |
Very much and choice the state statute it it puts the burden entirely in the utility company for any expenses. | 00:10:07 | |
OK. | 00:10:14 | |
So Romero, if I could interrupt, you might be coming to this. So tell me you're coming, but. | 00:10:19 | |
What assurances do we have if a utility does something in one of the roads that we maintain and does not restore that roadway | 00:10:25 | |
appropriately? SO11 of the slides that's addressed that. And basically we can require them to do it. We can do it ourselves and, | 00:10:33 | |
and bring and bring those costs to them and we can cancel the franchise agreement, OK. | 00:10:42 | |
So public utility companies that did not have a franchise. So we have public. So what do we do with a public utility company that | 00:10:52 | |
comes to us and says I want to apply for a right away permit, I don't have a franchise. Do we tell them you can't, you can't do | 00:10:58 | |
your work. You have to wait till you get a franchise agreement, the franchise agreements. | 00:11:05 | |
Require board approval to just post the franchise and it's a three-week public notice and then a second board meeting to approve | 00:11:13 | |
the franchise. So if somebody doesn't have a franchise that comes to public work and we say you need a franchise. | 00:11:20 | |
Then they're probably 3-4 months wait for them. OK Or we could have something like a license that says, OK, we're going to have, | 00:11:27 | |
we're going to give you a one time license to do the work that you've described and it would have. | 00:11:33 | |
Almost identical requirements as a franchise agreement, but on top of that it would have in an assurance for the work to be | 00:11:41 | |
performed a bond. | 00:11:44 | |
For the work to be performed and we could give them a one time license at basically almost the same cost as a as a franchise | 00:11:48 | |
agreement and really encourage them to go get a franchise agreement. OK, they have to do satisfy all the requirements of a | 00:11:54 | |
franchise agreement. But we so in in writing this this ordinance we would like to we're going to be addressing that we're going to | 00:12:01 | |
pick one way or the other based based on input that we get today. | 00:12:08 | |
And again from the legal counsel input that we'll get after we finish writing the ordinance. | 00:12:16 | |
Wanted to show you a couple of pictures. The first one shows a water tank and a right away. And I'm not I'm not going to pick on | 00:12:23 | |
the water company. Is it? It is at a dead end. Is it at the dead end of this road? This road connect doesn't connect to anywhere | 00:12:30 | |
at the end. They may have been doing the turnarounds at that at that end of the right of way. But again, it's a it's a utility | 00:12:36 | |
that is in a right of way and maybe it's it's been there for a long time. | 00:12:43 | |
And maybe they did talk to the county about it. Maybe they didn't. | 00:12:50 | |
But it's an example of how utility, if we don't monitor their work, we'll put the utility in the most convenient place for them. | 00:12:54 | |
The other one that shows Tonto Basin County Maintain Rd. that's that's a, that's a road. It is maintained by the county. Somebody | 00:13:02 | |
does a trench and the trench was going to be left to be found out about it on a Friday. | 00:13:11 | |
We felt that that was a safety hazard. | 00:13:20 | |
We took our action to do some traffic control for it so that it could survive the weekend without somebody falling in the trench. | 00:13:24 | |
And then we work with with that person. We was a person, not a utility doing the work. And in this ordinance we would not allow a | 00:13:32 | |
person to do work, utility work. We would only allow utilities to do utility work, a person. | 00:13:40 | |
A property owner who do work in the right away just for their culverts and their driveway. Tie insurance. | 00:13:49 | |
But but utility work on a on a public right of way would only be allowed for public utility companies. | 00:13:56 | |
I have a question on something like that. No matter who's doing the work, could we put something in there that they have to notify | 00:14:07 | |
us if they are working on a weekend so we can be a little more observant of? Because nobody works on a weekend and a lot of these | 00:14:15 | |
things are done on weekend, so could they be asked to? | 00:14:23 | |
On the permit to. | 00:14:32 | |
Let us know if they're going to be working on weekends and what weekend exactly. If they, if they applied for a permit, we would | 00:14:34 | |
put the requirements of traffic control. You can't leave a trench uncovered overnight. These are typical requirements that we put | 00:14:40 | |
on a right of way permit. The problem here, they did not apply for a permit and so it was worked without a permit that was taking | 00:14:46 | |
place. Had it been permitted, we would have had a problem. First of all, we would have questioned why is the person doing the work | 00:14:51 | |
in a utility. | 00:14:57 | |
2nd, we wouldn't allow Friday afternoon work, late Friday afternoon work to happen without them having the provisions of steel | 00:15:05 | |
plates over the trench or having filled in yet. You're right. And so when work happens on a weekend, it it unpermitted, it is | 00:15:14 | |
problematic and we need to find a way to when we when, when we do find out that that happened, that it whoever's doing. | 00:15:24 | |
Work and it's in one of the slides pay double the fee, reimburse the county for any work we do, including going out there on a | 00:15:33 | |
weekend and and and monitoring the work when somebody calls in. But there there ought to be something that discourages people to | 00:15:39 | |
try to do right away work without a permit. Now utilities responsibilities wouldn't do that. OK, the gas company here wouldn't do | 00:15:45 | |
that. | 00:15:52 | |
That the larger electrical utility companies wouldn't do that and so so but but it does happen. | 00:15:59 | |
And it is a problem for us. | 00:16:04 | |
OK. So Honero, would this typically get blue staked to do this trench that you're showing? Would it typically be blue stick by a | 00:16:08 | |
utility? Yes, we put the burden of blue staking on the right away permit holder. So if this individual. | 00:16:17 | |
Had a call for a blue stake on this trench that he dug. Would we be notified of that, that it was permitted or not permitted, or | 00:16:28 | |
so he could call for a blue stake, get it and still dig? | 00:16:34 | |
No, we would not be notified that. | 00:16:41 | |
It was blue state and we don't believe that they blue state that area. | 00:16:45 | |
Well, that's pretty dangerous, but still I'm just so my my question was if it gets blue state, does it require a permit to do the | 00:16:49 | |
blue stake? No. | 00:16:54 | |
They wouldn't notify us and we don't believe that they called it in, OK. And that's two separate like departments, entities, | 00:17:00 | |
everything to where we don't communicate with the blue state people. | 00:17:06 | |
We can bring that up with them to see if they that they can notify us for for that and we'll take that as an action item. OK, | 00:17:13 | |
thanks. | 00:17:18 | |
OK. So the next slide is Allison Drive in Pine. This is a public right of way that's not maintained by the county. | 00:17:28 | |
County actually has a quick claim through this road. OK, so in in essence you could say the county owns the road, but the board | 00:17:39 | |
has never taken action to accept this this quick claim and accept this role and therefore we don't maintain. | 00:17:46 | |
OK, it's a 35 foot public right of way. And when you think of roads in Healer County, that's that's a pretty wide Rd. However, if | 00:17:54 | |
you look at it, there's about 15 feet between vehicles and, and the, and the other item that you look at here is one neighbor | 00:18:01 | |
parks and RV. And so now it's OK to park a car in a county right away, then another neighbor parks and RV and pretty soon this | 00:18:09 | |
public Rd. that we don't maintain, but it's still a public road and it can be enjoyed by the people. | 00:18:16 | |
That that that use it as a public Rd. has become a parking lot. And that's an issue that we see often and you begin to see in the | 00:18:24 | |
picture. It's not just vehicles, it's trailers and equipment and other things, OK. | 00:18:31 | |
So we're trying to address that in the ordinance. And then in the next slide you see a picture of South Park Road and meets Ranch. | 00:18:39 | |
And what you see is that the right of way actually extends full foot behind the fence. The fence encroaches on the right away by | 00:18:45 | |
about four sheep. | 00:18:52 | |
So when a utility company see that and they get a right away permit, they'll assume that the fence is the edge of the right away | 00:18:59 | |
and they'll put the beater on the roadside of the fence instead of on the other side where it could be long and pretty soon you | 00:19:04 | |
end up with a very narrow Rd. | 00:19:09 | |
And water meters are a big problem for Elia County, OK and and they often encroach on the travel way. And the other picture is a | 00:19:15 | |
picture of Navajo Dr. The company came to us to get a permit for a right of way. We gave them a right away permit thinking that | 00:19:23 | |
they were going to trench some some reasonable amount. This is a road that's a platted Rd. It is. | 00:19:31 | |
A public Rd. that has never been built out. It's what we call the paper Rd. | 00:19:40 | |
It exists on a plat. It was dedicated. In fact, this road in essence was accepted by the county on that plan. But we have never | 00:19:45 | |
maintained it. And it's not a maintained road. And they and they don't want it to be a maintained Rd. but they but because it is a | 00:19:51 | |
public Rd. we, the utility company came to us. We gave them right away and they took every tree out and created a drainage issue | 00:19:57 | |
for the people downstream. | 00:20:04 | |
And it's, it's again, it's us, our staff being. | 00:20:11 | |
Cognizant of the these these things can happen and taking the proper precautions in the engineering drawing and the other | 00:20:19 | |
information that's provided to us. But the utility company also should have known better. You don't tear down a 12 foot path or a | 00:20:24 | |
trench that only requires 2 feet. | 00:20:29 | |
Anyway, those are problems that we've encountered along the way. | 00:20:37 | |
So the next slide is about right away permit requirements for public utility companies on all public right of ways new | 00:20:41 | |
construction and I tried to highlight the slide with blue and maybe I missed a few, but we already require most of these things, | 00:20:48 | |
OK. The things that we don't require are shown in red. | 00:20:56 | |
A license if the board agrees that we can issue a license for a one time use of the right of way. | 00:21:05 | |
Where there is no franchise and also grading and drainage permit will be required for paper rolls. | 00:21:12 | |
And and and. | 00:21:18 | |
Normally when you think about work on a right of way, if if all you're doing is you're digging a trench and you're putting the | 00:21:21 | |
road surfers back to the same elevation with no changes to the road surface, it basically says why do you need upgrading and | 00:21:27 | |
drainage permit? You haven't changed drainage and we can accept that logic except on paper roads where a road doesn't exist and so | 00:21:33 | |
a grading and drainage should be required. | 00:21:39 | |
On all paper rows. | 00:21:46 | |
To avoid the issue of, but basically everything that you see on this slide other than what's in red is already required by the by | 00:21:48 | |
the current ordinance and by roadway design standards manual. | 00:21:54 | |
So that was utility companies doing new construction. The next slide is utility companies doing planned repairs and emergency | 00:22:02 | |
repairs and so. | 00:22:07 | |
The current ordinance doesn't really refer to plant repairs, OK, but instead it requires a permit for any work on the right of way | 00:22:15 | |
by a utility. So because it's it's written like that staff over the many years, and I'm not talking about our current staff, but | 00:22:23 | |
the staff over the many years has may or may not have required a right of way ordinance for plant repairs. | 00:22:31 | |
But we should require an ordinance for, for, for planned repairs because we want to know first of all, we want to make sure that | 00:22:39 | |
they have traffic control and we want to make sure that they have insurance because it's our, it's our, some of those are the, | 00:22:43 | |
some of these roads are ours. | 00:22:48 | |
And we bear that liability And so, and we want to make sure that they are not changing the alignment of the utility. And if they | 00:22:52 | |
are changing the alignment of the utility, then we go back to new construction, requiring them to do the, the things that are | 00:23:00 | |
required of new construction. So in a planned repair, we, we wouldn't need necessarily an engineering drawing a site plan would be | 00:23:07 | |
good enough. They're not changing anything. So we, we, a site plan would be sufficient for us. | 00:23:15 | |
Less work for the utility, but nonetheless we we think that we should require, it should be clear in the ordinance that we would | 00:23:23 | |
require a right of way permit for a utility company for plant repair and then emergency repairs so. | 00:23:29 | |
The existing ordinance does mention emergency repair and of course, if it's an emergency, they should do the work and they should | 00:23:38 | |
notify us in in here. I've added 24 hours. The ordinance was unclear as to when they give us a notification, but they should | 00:23:46 | |
notify us by phone or e-mail in 24 hours. Actually, I think the ordinance is in three days. OK, but because now that the e-mail | 00:23:53 | |
exists, that maybe didn't exist. It's the way that it's used today, in 2002. Today you can send us. | 00:24:00 | |
And often people pick it up on their phone and we know that there's an emergency repair taking place. And then three days after | 00:24:08 | |
the emergency takes place, they need to give us the paperwork to say why was this an emergency and what was performed, the site | 00:24:15 | |
plan and photos of that work. And of course, all of these Rd. repairs are not final until the county approves. OK. So those are | 00:24:22 | |
the things that would remain in our ordinance or be revised in the ordinance. | 00:24:29 | |
The next slide, this is all new and reason for the red bond at the top is because everything here is new. We've had policy perhaps | 00:24:37 | |
on how do we how we replace Culvers, but we but it's not found its way to any ordinance, OK. And the policy is unwritten, OK. So | 00:24:44 | |
over the years public works have done what what the public works director thinks he's right, OK. And and it's changed over time | 00:24:52 | |
and we want to make sure that this is in writing and that we have a way to answer questions about. | 00:24:59 | |
What does the county do with culverts? Now some counties do what's on this piece of paper, other counties do not do anything. The | 00:25:07 | |
culvert is at the cost at at the entire cost of that coverage on the property owner. OK. And so there's there's different ways of | 00:25:15 | |
doing this and it's board input will guide us as to which way we go. So the proposal is that. | 00:25:22 | |
That if somebody wants to install a new program. | 00:25:33 | |
And it's the owner that's that's making the request because if the county wants, if our, if our Rd. yards want to install a | 00:25:36 | |
culvert for and it benefits the road, we we don't need the owners. | 00:25:42 | |
Permission, because the right of way is ours will notify the owner, but we can take that action by ourselves. OK, But now if | 00:25:50 | |
somebody is requesting a call and it's and it's a new, it's a new covert. | 00:25:56 | |
We would, we would allow. | 00:26:05 | |
Folks through places as many as 2 covers per parcel. | 00:26:07 | |
And they would buy the covert and we would we would install it. | 00:26:12 | |
If they want more than two culverts and they need an engineering plan to show us why they need more than two and and the plan | 00:26:17 | |
needs to show us that the coach is going to work efficiently and not cost a problem for us. The maximum size of the cover would be | 00:26:24 | |
18 inches and the minimum distance would be approximately 30 feet and the ordinance will probably make it 30 feet and that 30 feet | 00:26:32 | |
is driven from the roadway design standard manual that does tell us what the dimension between. | 00:26:39 | |
But it uses a you have to, you have to use math based on the size of the culvert you're measuring to the median of of the two | 00:26:48 | |
culvers and it and it ranges between something like 30 and 20 feet. So we would pick, we will pick a dimension that says the | 00:26:55 | |
maximum distance between. | 00:27:01 | |
I'm sorry, the minimum distance between the callers will be X today. We're thinking it's going to be 30 feet on that orbit, | 00:27:09 | |
allowing our staff to clean out those forwards when they need to. And that's, that's the whole driver for that minimum distance. | 00:27:16 | |
To replace an existing covert on the county right away. So somebody calls in and says I want you to replace this cover and that | 00:27:25 | |
culvert meets the county dimension of 18 inches. Then we would replace it at no cost. It's which is we would consider that part of | 00:27:31 | |
main the maintenance for that work. Ditches and culverts are an essential part of a road. OK. And water is like I mentioned | 00:27:38 | |
before, water is roads worse than I mean. So we want the water off the road it being carried away. | 00:27:45 | |
And so there's an existing culvert that that meets the 18 inch requirement. We would replace ourselves. And if it's not, if it's a | 00:27:52 | |
smaller culvert, then we would go back to the property owner, say you have to buy the culvert, we'll install it as if it were new, | 00:27:58 | |
OK. | 00:28:03 | |
If on other public roads. | 00:28:10 | |
That the county does not maintain the property owner would be responsible for all the work. They would not be. We would, they | 00:28:14 | |
might, they may apply for a right away permit, but they would, we would tell them that what they need is a greedy and Greenwich | 00:28:22 | |
permit to to, to do that work, assuring us that he's not causing harm to other folks downstream and or upstream. | 00:28:29 | |
With the installation of that so for non county maintained growth it's entirely in the owners expense and would require a grading | 00:28:38 | |
and drainage permit. | 00:28:42 | |
So the next slide is new residential driveway tie insurance and. | 00:28:51 | |
If this is not necessarily today addressed in the right of way ordinance, but it is addressed in the local design standards | 00:28:58 | |
manual, OK and the low wage design standard manual, it's a very technical manual that guides folks on what to do for new road | 00:29:04 | |
construction. | 00:29:11 | |
And it includes driveway targets. And so we would incorporate that into the right of way ordinance. A right away permit would be | 00:29:18 | |
required. We would make sure that they're complying with the standards manual. | 00:29:26 | |
All driveway costs are funded by the property owner. So they're putting in a driveway and part of that driveway is in our right of | 00:29:37 | |
way, but but it's their driveway and all cost belongs to that, to that property owner. And either the work, this is again | 00:29:43 | |
residential, either the work is performed by a registered insured contractor or the property owner provides proof of insurance. | 00:29:50 | |
Property owner wants to do it, show us proof of insurance because we're liable for that road, OK. | 00:29:57 | |
And by the way, I'm talking about county right aways in this first section, OK, in the bottom section, I'll be talking about | 00:30:05 | |
everything else. | 00:30:09 | |
For a road that we maintained, we would have these requirements. A site plan and traffic control would be required. It's it's our | 00:30:14 | |
Rd. We have liability for it. Grading and drainage permit may be required. We've seen evidence of or examples of where people put | 00:30:20 | |
in a covert or a driveway and it causes some problems upstream and we want to make sure that there are no drainage issues. It may | 00:30:27 | |
include a covert installation if it does. | 00:30:34 | |
As part of this residential driveway tie in, the county would install that that particular cover. | 00:30:41 | |
OK. So then if it's not a county right away, if it's not a road to be maintained and it's one of those public right of ways that | 00:30:48 | |
we do not maintain, it would require a breathing and drainage permit, OK. It wouldn't require a right away permit. It does not | 00:30:56 | |
require compliance. The way we're thinking is that this does not require compliance with roadway design standards manual. | 00:31:04 | |
You know, we could, we could pick the option and say why not? Why aren't we requiring that of this residential driveway? | 00:31:13 | |
And some counties do, Maricopa County, for instance, does. Most counties don't OK, if you're not, if, if we don't maintain that | 00:31:23 | |
road, we want to be as far away from any liability with that road as possible. However, there is there's two sides to that. One of | 00:31:29 | |
them is one of these days they may apply for that rule to be maintained by the county. And so if that's the case, why didn't we | 00:31:35 | |
require the things that we would normally require for our roads? | 00:31:41 | |
And based on board of supervisor input and our our legal team, the County Attorney and other consultant, we will we may change | 00:31:49 | |
that over time, but. | 00:31:56 | |
Today, the way this is written, we would just require grading a drainage permit and the grading and drainage permit would probably | 00:32:03 | |
require traffic control as part of that permitting process. All driveway driveway tie in costs are funded by the property owner of | 00:32:10 | |
course and including the design, material and installation. | 00:32:16 | |
Any questions? | 00:32:24 | |
I'm good, thank you. | 00:32:29 | |
Something just came to my mind on the road we were discussing at East Verde Estates, Kings King King Rd. Kings Rd. So it's very | 00:32:31 | |
problematic Rd. drainage issues, all of that. So if we were to the county were to take the attitude of OK well these are citizens | 00:32:40 | |
of the county that have trouble. This is a non maintained Rd. by the county. What can we do to help? | 00:32:49 | |
It would, would that be the attitude that we would have? You know, let me show you what we can do. | 00:32:59 | |
This is how we can accomplish a better end result. | 00:33:06 | |
Versus just coming to a black and white decision of we're not going to accept that road, we're not going to do this or that. Do we | 00:33:11 | |
have a means where we can assist? | 00:33:17 | |
There's 8 or 10 property owners there that are struggling with some real serious roadway problems. | 00:33:24 | |
That's a that's a complicated issue. We are planning a work session, hopefully end of January. | 00:33:34 | |
To talk about roads, abandoning roads, accepting roads I. | 00:33:42 | |
And today we have, because there have been some. | 00:33:47 | |
Folks interested in asking the county to maintain that role. We, we have developed a little, a little template that says here's | 00:33:54 | |
the things that you should be satisfying and here's how this role ranks against those items. There's two or three things that that | 00:34:01 | |
really in my mind stands out. One of them is the traffic count. | 00:34:08 | |
How does that road compare with all the other 750 miles of non maintained county roads? | 00:34:16 | |
And the other one is drainage. Drainage is a major issue and it's a forever issue, doesn't go away. It's not like where we can we | 00:34:23 | |
can add gravel to the road. Drainage waters got to go somewhere and you need to know where that water is going to go when we | 00:34:28 | |
accept the road. | 00:34:32 | |
And those two things always need to be at the top. I think of our minds as we move forward the, the, the January work session, | 00:34:38 | |
we'll start with, we've been receiving because you've heard this before, $9 million a year to maintain growth in 2007, something | 00:34:44 | |
like that. Forget that. And and that money has not increased over time and there's little expectation for us to expect that to | 00:34:50 | |
increase. And so if there is an upper limit to what we can maintain, then we we need to consider that in, in that formula of | 00:34:56 | |
making. | 00:35:02 | |
Official which votes to accept. Now, there may be roads that we shouldn't be maintaining and interesting, it's interesting that | 00:35:08 | |
the Forest Service has mentioned a couple of them to us and we're going to work with them and, and and with the board as to | 00:35:14 | |
whether or not we should continue to maintain those roads. But that's that's something that we should be looking at and that's all | 00:35:20 | |
part of a much longer discussion. | 00:35:26 | |
In a future work session to to talk about roads because I think we need to have that discussion again, that's been left very much | 00:35:33 | |
to our director of public works to make all those decisions and it changes with with with the director. | 00:35:40 | |
And we should have guidance on that, that we follow as we move forward. If the the only strict part about that is we can, we don't | 00:35:47 | |
maintain a road unless the board approves for us to maintain that road that that policy has always been followed. | 00:35:54 | |
I didn't answer your question, I don't think. But well, no, it's, it's not a very clear question. Obviously the So let's say | 00:36:01 | |
there's 8 owners on there. They all signed a petition. We want this fixed. And so as a particular owner, so let's say I own one | 00:36:08 | |
piece of that and say, well, I want to put some money toward this. It's a private kind of a private road. The county doesn't | 00:36:15 | |
accept it, but it's a paper road and so. | 00:36:21 | |
But no one else wants to put money toward it. So nothing ever happens. Nothing ever gets done because no one can all get together | 00:36:28 | |
at one time to do it so. | 00:36:33 | |
My concern from the position I have would be, well, how can we best serve the public in this way? And so that was my question. Is | 00:36:39 | |
there any means to help them facilitate a cooperation with each other to get that? That's a, that's a nasty Rd. I went up on it a | 00:36:47 | |
few days ago and it's bad and it's like a driveway. So King, Kings Rd. that's the name of the world, right? | 00:36:56 | |
We actually met with those folks. I think we met with them three times and one, one time with most of the folks that lived on the | 00:37:06 | |
road and the other times with just the individual person. | 00:37:10 | |
And, and we did coach him on what we expected for them to do with drainage, OK. And I was joined by, by by the road yard folks, by | 00:37:15 | |
the surveyors, by flood control in, in those visits. And we, we kind of have laid out for them what we think. | 00:37:25 | |
Should be done the ability of one owner to convince seven other people. That remains to be seen. I I'd be willing to host a | 00:37:35 | |
meeting with them with, with the group and, and try to guide the discussion a little bit. But it's, it's, it's a difficult thing. | 00:37:42 | |
They all need to agree and they all need to allow water to flow where it needs to flow. And, and sometimes we can't find that | 00:37:48 | |
ready solution. | 00:37:55 | |
Sometimes we can't fix that. | 00:38:03 | |
I've been to other places. I think it's Round Valley, where we have laid out what the requirements were to bring those roads in to | 00:38:05 | |
maintenance. Those are much different kind of roads in much better shape. They're actually maintained by the group right now. | 00:38:12 | |
And it has ample Eastman drainage. We we told them what we wanted for drainage and they're willing to do it. And they haven't come | 00:38:21 | |
back to the table because the whole community isn't in agreement to do that yet. Some people don't want the road to be maintained | 00:38:26 | |
by the county. | 00:38:31 | |
OK, and so they need to resolve that under all. | 00:38:38 | |
OK. Thank you. | 00:38:43 | |
Thank you. | 00:38:46 | |
Again, on this commercial property right away culverts that blue is meant to show things that we that are in the ordinance that we | 00:38:48 | |
can do today. And if you're a commercial property and you want a driveway, a culvert or a driveway tie in either or both on a | 00:38:56 | |
county right away on a road that we maintain, then you would need a right away permit. You'd have to comply with our manual. | 00:39:04 | |
You would need a grading. A grading and drainage permit may be required. | 00:39:14 | |
Work to be performed by a registered contractor and the corporate and driveway and the driveway tie in installation is funded by | 00:39:17 | |
that property owner. This is very much what we did with The Perrys, by the way, when The Perrys came to us and they said we want | 00:39:25 | |
this driveway, we asked them to do these things. We actually asked them to do a traffic study as well. | 00:39:32 | |
And they did that to show us that it was in the right place and would be a safe driveway. But so these would be. | 00:39:41 | |
In my mind they're already required. They should be the standard requirements for a commercial driveway tie in and a covert all | 00:39:51 | |
other right of ways that are not maintained by the county for commercial properties. It would revert back to a breathing and | 00:39:56 | |
drainage permit. Would not have to meet the manual. | 00:40:02 | |
And all costs are still with the property owners. | 00:40:10 | |
We're almost there. I think we're slide 15 out of 17. | 00:40:18 | |
And these last couple of slides are? | 00:40:23 | |
Are important. | 00:40:29 | |
So the current ordinance addresses breaches to a permit. The ordinance that we have today says if you got a permit, we can and you | 00:40:31 | |
don't comply, we can revoke that permit. | 00:40:37 | |
And if we revoke the permit and we have to do something on the road, we're going to bring those costs back to you. | 00:40:43 | |
You're gonna have to pay for reasonable cost for us to restore the road. | 00:40:49 | |
It does not address. | 00:40:55 | |
Working without a permit. It does not talk about working without a permit. | 00:40:58 | |
And it does not have a sense of urgency when dealing with a violation of a right of way permit. So the way I think of a right of | 00:41:04 | |
way permit, if, especially if it's one of our right of ways and we're liable for that road and somebody ***** a ditch right next | 00:41:10 | |
to the road. This is not like a complaint from somebody who says my neighbor hasn't cut his weeds. This is about that. At any | 00:41:17 | |
moment somebody can fall in that trench and the county gets through. | 00:41:23 | |
OK. And so that in my opinion there's there should be a sense of urgency about that. So what do we do? | 00:41:31 | |
Whether you get that, especially if you did that without a permit and we need to do something. So with that in mind. | 00:41:37 | |
There's two there's two things that can happen on a failure to obtain a right away permit. | 00:41:47 | |
The work is ongoing. You're doing the work just like we saw in that picture. We found out on a Friday that somebody's doing the | 00:41:55 | |
work. What do we do? Well, we use common sense. Steve Williams and I worked on that and Steve went out there and put some blinking | 00:42:00 | |
lights and. | 00:42:05 | |
And tape and other things. So just make sure that we at least offered the public some some notice that that trench was there OK. | 00:42:11 | |
And so in this particular case it we would issue a seasoned assist letter. The work is ongoing. We would issue a cease and desist | 00:42:20 | |
letter and we would require permit compliance in three days for them to come into the office and and and and and. | 00:42:28 | |
Comply with the permit that the right of way permit fee would double for for all requirements of of that right away permit. | 00:42:37 | |
If permit later on, if it's if work, whatever work has been done that we can't see, we would require pothole and we want to know | 00:42:45 | |
that it's something is very 3 foot deep and where it's located. OK, So potholing at the expense of the violator and road repairs | 00:42:53 | |
would have to be undertaken and they would not be completed or approved by the county. If it's a traffic hazard like that road | 00:43:00 | |
was, the county will take immediate, immediate action and charge back. There's no need. | 00:43:08 | |
About it, take immediate action, make the road safe and they're going to pay for it, for our time, for the traffic control | 00:43:15 | |
devices, whatever, whatever we use. If the permit compliance is not complete in three days, if they have not come in to do | 00:43:22 | |
something, then we'll take another look at the situation and take whatever necessary action we think is appropriate to make the | 00:43:28 | |
road safe for the long term. | 00:43:35 | |
Not just for the weekend. Then we would be looking at. We want to make this road safe for the long term. This person is not | 00:43:42 | |
responding. | 00:43:45 | |
And it's our, it's a public, it's a, it's a public road. And we want to make it safe. And we would charge them back for any work | 00:43:49 | |
that we do. | 00:43:53 | |
If the permit compliance is not obtained in seven days, then and it's a property owner, not a, not a utility, it's a property | 00:43:58 | |
owner. We would schedule a hearing with a hearing officer and we would give them five days notice and bring them in front of the | 00:44:05 | |
hearing officer, OK. If it's a utility company, we would schedule a board meeting to take action to terminate the franchise for | 00:44:13 | |
the license that may have been issued. And of course they would still be responsible for the cost that we incur. | 00:44:20 | |
For the restoration of the road. | 00:44:28 | |
We were filed with Superior Court to collect reimbursement for work performed by the county. And again we would be seeking County | 00:44:32 | |
Attorney, County Attorney does have an opinion on that and we need to blend that in with what we do. What do we do afterwards to | 00:44:39 | |
collect that money because the situation is different than we go cut somebody's weeds down. We put a lien on the property, but we | 00:44:46 | |
can't put a lien on a public right of way. It basically belongs to us. So we'd be putting a lien on ourselves. So if somebody. | 00:44:54 | |
In our public right of way, we need to figure out how do we go back and make sure that we get reimbursement because the lack of | 00:45:01 | |
getting reimbursement results in people working on right of ways on a weekend. | 00:45:06 | |
And we need to be meaningful in how we go about making sure that people know if they're going to violate the right of way | 00:45:14 | |
ordinance, they're they're surprised to pay. | 00:45:19 | |
And for the hearing officer, for the property owners, we would be changing right away ordinance to talk about the typical fee per | 00:45:26 | |
day and the typical fee per day that's used by the hearing officer is $700.00 a day. And I think you also find that in the state | 00:45:33 | |
statutes. So those are things that we were thinking about incorporating into the ordinance. | 00:45:41 | |
For failing to get a permit, OK. | 00:45:50 | |
Next slide is I wanted to talk a little bit about Rd. design. | 00:45:57 | |
So they have a mini Ave. meaningful discussion on on encroachments. We need to look at that that the Gila County Roadway Design | 00:46:01 | |
Standard manual does not have a design for a gravel Rd. | 00:46:07 | |
What you see here in the with the green font that is for a pav row and I went through that manual and I found the the road with | 00:46:15 | |
the least right of way with and it's a it's a low volume Rd. | 00:46:22 | |
That has traffic of 25 mph and the minimum right away width is 50 feet OK. | 00:46:31 | |
And what what I'm showing on this slide is a gravel Rd. that measures 40 foot wide. | 00:46:40 | |
And you see two vehicles, they're approximately sized in scale to this role the pickup trucks have nowadays. Some of them get | 00:46:46 | |
close to being 7 foot wide. So the ditch is 2 to one slope, 1 foot deep. It's a very shallow, small ditch. Basically there is an | 00:46:55 | |
area outside of the ditch for utilities placement. | 00:47:03 | |
And when you Add all these components up, it's 40 feet. There is no shoulder on this road, by the way. | 00:47:12 | |
It's just a travel way 11 feet normally there's some footage shoulder on most roles, so this would be a minimum #40 feet. If you | 00:47:19 | |
look at other counties like Navajo County or gravel, the smallest gravel right away with is 54 and 54 is pretty common. So it | 00:47:27 | |
allows for utilities to be placed outside of the ditch. Otherwise you're putting the water meter in the ditch if it's something | 00:47:34 | |
like 24 foot wide. So the next slide shows us a rope that's. | 00:47:41 | |
Would like and in this particular rule you can see that. | 00:47:49 | |
If you park, if you park just one vehicle, and if you even if you park it in the ditch, you're really obstructing flow. | 00:47:55 | |
Traffic flow for something as 24 foot wide and I just wanted to show that that visualization so that we can talk about obstruction | 00:48:03 | |
on public right of ways. | 00:48:10 | |
And the reason we want to talk about this is we do get numerous complaints about people parking on the roads. And what we do is we | 00:48:18 | |
struggle with that every time and try to each time we try to invent what do we do in this particular case? What have we done in | 00:48:25 | |
the past? And and we don't necessarily have a policy or a ordinance that directs us in what what we should be doing. And I am | 00:48:32 | |
looking for that prescriptive process because not having that is. | 00:48:40 | |
County attorney's time and we take up a lot of staff time to try to figure out what we do. And often times we end up doing, I'm | 00:48:48 | |
going to say nothing. We're not acting quick enough. And so I'm looking for how do we if we're going to say no and let's have the | 00:48:55 | |
no ready to go so that we can tell them no, we're not doing anything. And, and, and we didn't and we don't waste the energies and | 00:49:03 | |
the time. If the expectation is that we do something, then what is that something? OK. | 00:49:10 | |
And So what is that something is on this particular slide. If it's a county right away and the road belongs to the public and the | 00:49:18 | |
county maintains it and there's an obstruction, obstruction defined by meaning you can't travel on this hill something like the | 00:49:25 | |
gate or similar to a date and obstruction then we remove upon discovery other words, it's it's a road. We maintain the public | 00:49:33 | |
expect to travel on that road. You put something and you're not allowing traffic. | 00:49:40 | |
Through Rd. yard. Go remove that. | 00:49:48 | |
It should be that simple. OK, if it's an encroachment where you're impeding the flow of travel and you can't meet the speed and | 00:49:51 | |
you no longer can travel two way traffic at the allowable speed limit. Oftentimes when I think of that, I think of a minimum turns | 00:50:00 | |
of 20 feet. And by the way, this was brought up at one of your town hall meetings, Supervisor Christensen where the. | 00:50:08 | |
Fire departments get up and say we need 20 foot of width on a road to to to be able to respond. | 00:50:17 | |
So I'm using that as being a minimum clearance that's required. Anything less than that is an encroachment. OK, So we give them 15 | 00:50:23 | |
days. If it's an encroachment and it still allows traffic at least one way, 15 day notice is given to the property owner or, or or | 00:50:30 | |
is placed on the encroachment. If we don't know who the property owner is and it's a trailer without a license plate, we put it on | 00:50:38 | |
the trailer. OK. And this, by the way, follows the state statue. | 00:50:45 | |
In in the section on transportation that has to do with state highways, but also allows. | 00:50:53 | |
The subdivisions of the state, like the county to utilize this, the encroachment would be removed and a person responsible. After | 00:50:58 | |
the 15 days, the enforcement would be removed and the person responsible for the enforcement would pay for that cost. | 00:51:04 | |
Now, if it's some equipment that doesn't, we can't identify the owner, we may be picking it up and never get paid for it. OK. But | 00:51:11 | |
if it's a, it's a licensed vehicle or a vehicle that, that's sitting there, we, we may or may not get paid for, but so we, we say, | 00:51:19 | |
well, are we worried about people paying for us eventually? Or are we worried about making this rope passable? And, and, and so we | 00:51:26 | |
need to, we need to answer that question as we move forward and we will file with Superior Court to collect. | 00:51:33 | |
And again, County Attorney would like for us to find a different way than to that to go through Superior Court. And I put that | 00:51:41 | |
down because it was in the state statue allowing subdivisions of the state to behave like this. But this is still subject to legal | 00:51:47 | |
review. And again, we're going to take the input from the board, finish writing that ordinance and and get it into the County | 00:51:53 | |
Attorney for their review. | 00:51:59 | |
So that's where county right of ways, other public roaches and obstruction or encroachment. | 00:52:06 | |
We can do the same thing that we have up here, or we can simply tell them, hey, that's an issue that you need to take up. | 00:52:12 | |
The property, whoever has that property, we don't maintain that role. | 00:52:18 | |
And again, we've used that in the past for the county. I think the sheriff may have used that. If it's not a county maintained Rd. | 00:52:23 | |
we can't do anything. | 00:52:27 | |
And, and if that's, and if that's our position, I would be, I'm OK with the positions that we take, but I just want them to be in | 00:52:33 | |
writing. And again, it's because I don't, I don't want to treat one person one way because I'm the director today, another | 00:52:39 | |
director comes in tomorrow. We treat another person differently. There should be guidance on what do we do for roads that are not | 00:52:44 | |
maintained by the county. | 00:52:49 | |
And somebody parks on it. So then the last item is I want to talk about no parking. | 00:52:55 | |
We could. The board could decide it's OK for us to include it in the ordinance or to have a separate resolution that says no | 00:53:05 | |
overnight parking on any public roads that have widths of 20 feet or less. | 00:53:10 | |
You park there, you're obstructing that first responder. | 00:53:16 | |
So park, park on your property, OK, That's an option. The other one is, and I'm referring to the road on on Pine that I showed you | 00:53:20 | |
the picture. I think it's Allison Rd. the community members and you saw the cars parked on both sides. It's 35 foot wide. It's a | 00:53:28 | |
public Rd. There's no reason why traffic should be obstructed. Community members may come to the board and request no parking on a | 00:53:35 | |
specific Rd. segment, OK. | 00:53:43 | |
And it would require a number of property owners to petition. The board could be something like 50% for property owners that are | 00:53:51 | |
abutting on the road. It would require a public meeting and a report from the county engineer. And then based on that, the board | 00:53:57 | |
could take action. Let's say we're going to post at no parking and a resolution that gives the sheriff the authority to haul those | 00:54:04 | |
vehicles away based on that designation. | 00:54:10 | |
And and those are some ideas that we think are worth for us to consider. | 00:54:18 | |
And that's it for my flight. I'm ready to get to have whatever discussion we need to have at this time. | 00:54:22 | |
OK. First of all, I would like to thank you very much and all the staff and departments that have put time and energy into your | 00:54:33 | |
presentation today because the amount of time and hours and and thought and communication. | 00:54:41 | |
Between the departments, from engineering to the road department, to all the people that work on this, you know, putting this | 00:54:49 | |
together to even bring to us, I appreciate the effort because we do have issues. And up until now, it's like everybody just shrugs | 00:54:57 | |
their shoulder, looks at engineering, shrugs your shoulder, looks at the road department, shrugs your shoulder, call the so say, | 00:55:04 | |
hey, is there anything we can do? And so, you know, putting time, energy and effort. | 00:55:12 | |
And to this, I think is it a can of worms? Yes, it is. But is it one that's never been looked at that you are taking bringing to | 00:55:19 | |
us with the opportunity to look at it? I appreciate it very much. | 00:55:26 | |
And so, you know, talking about code enforcement, I, I, I think that's great, you know, because we started it for, for blight and | 00:55:34 | |
I appreciate staff working very hard. You know, when I first came on board for blight, our hearing officer and our code | 00:55:41 | |
enforcement officer were both paid county employees. So if we put a penalty on somebody, we couldn't do anything about it. And so | 00:55:48 | |
then it, you know, then. | 00:55:55 | |
Planning and zoning is using it for, you know, health like raw sewage and building without a permit. And so it's great to see that | 00:56:03 | |
perhaps maybe you, the road department and these right aways and some things can also get some use out of the code enforcement and | 00:56:11 | |
the fact that we can write people citations and turn them over to a collection agency. | 00:56:20 | |
To, to be able to write some of these wrongs instead of just shrug your shoulders. Because if, if, if there's not any penalties | 00:56:29 | |
and I and, and I don't mean everybody needs to be penalized in the. | 00:56:34 | |
Different cases, but, but if you, if you tell somebody they got to move their car or else and there's nowhere else, then they're | 00:56:40 | |
going to park four more cars there and and give you the peace sign because there's nothing we can do so. | 00:56:47 | |
I think it's great that you're opening this and giving us the opportunity to move forward on a lot of these. And, and you know, | 00:56:56 | |
like you say, you put a lot of time, energy and effort and, and I'm behind you 100% and how you deal with it. Like no overnight | 00:57:02 | |
parking, okay. You know, I mean, that's, that could be something or just an hour, you know, on a 20 foot Rd. you can only park | 00:57:09 | |
there for six hours. | 00:57:15 | |
Because you know what if they work at night, so they park there. | 00:57:23 | |
All day they're still obstructing our emergency vehicles, but if they're there for a birthday party, you know, we're not | 00:57:27 | |
penalizing. They can, they can be there for six hours, so. | 00:57:32 | |
And and working on, you know, trying to work with some of these people on on so-called paper roads. | 00:57:38 | |
We've got a lot of issues with that because there was an ordinance in the beginning and like Quail Ridge in, in my area, we've got | 00:57:46 | |
a utility going up that so-called Rd. that's exposed because nothing, no maintenance is being done on that. | 00:57:54 | |
Because everybody owns a piece of the road and they're all fighting and it ends up in lawsuits. And, and I, I even quit wondering | 00:58:04 | |
what lawsuits going on now. I used to try to fix it. And it's like some of these lawsuits have got to get over with before we can | 00:58:10 | |
come to any agreement. And you know, the county had. | 00:58:16 | |
Worked with the utility company to work with them and they were going to furnish the material and we're going to do the labor to | 00:58:24 | |
kind of surface this and get some utilities covered. Well, you know, then with the people in lawsuits there, we, we never could | 00:58:31 | |
obtain all the easements, which is a, you know, a difficult deal. So on deals like that, if the property owners have a have agreed | 00:58:38 | |
at some point in time to have a road on their property. | 00:58:45 | |
Through legal is there any, is there any teeth in in that We could, you know, like a supervisor Christian has the issue where | 00:58:54 | |
we're not everybody could agree well if they agreed to have a road, is there not something legal that hey, you know, if if you own | 00:59:01 | |
half of that road, well then 10 feet of it you have already said it can be a road. So you can't just say no, I don't want anything | 00:59:08 | |
done there because you you know so as we look into this further, is there legally something. | 00:59:16 | |
That there's a road there and and somebody gave permission for easement for that road to be there. So is there some legal way that | 00:59:23 | |
we could make them liable for their original agreement to allow their neighbors to get to their property and now they're saying | 00:59:30 | |
no, but anyway. | 00:59:37 | |
I, I thank you very much. I, I agree with a lot of it. And like I said, I didn't disagree with any of it. And I appreciate you | 00:59:45 | |
looking at it and, and putting that time and energy and effort because you, you were the, you know, the departments that have put | 00:59:50 | |
time and energy in this. | 00:59:56 | |
Are the ones that deal with this every day on on where people are working and how they're working and not obtaining permits and | 01:00:02 | |
so. | 01:00:07 | |
I'm I'm very much in favor of expanding our code enforcement, even if we have to expand our expense of a second code enforcement | 01:00:13 | |
officer to handle some of the things that we need to deal with and heal account so. | 01:00:22 | |
Thank you very much. Thank you, Supervisor Christian, I think I'm finished. Thank you. | 01:00:33 | |
Romero, I'll extend my thanks to you as well and the staff involved with this. | 01:00:42 | |
What my impression is that there's just a few changes to the existing ordinance, and I would agree with all of the suggested | 01:00:49 | |
changes and additions. I do believe that we should have in place on your page #6 about those that do not have a franchise to give | 01:00:58 | |
them. It's kind of a one off thing. They need to do some digging. They need to put something in. | 01:01:07 | |
They don't need to wait four months to do that to get through process. | 01:01:17 | |
So I mean, if they're going to want to be there for years to come, then they need to have a franchise. But. | 01:01:23 | |
They just need to do one thing. It's OK. Umm. | 01:01:28 | |
My first impression on this photo you have of Ellison Drive and quite a number of the roads you're Speaking of do exist in the | 01:01:33 | |
Pine and Strawberry Control Rd. area. These are older communities developed back in the 50s or so, and there's been sort of this. | 01:01:44 | |
Understood, Norm that we're going to park here, we're going to store something here. We're going to and the photo you show here, | 01:01:57 | |
there's it's more than parking, it's storage. There's people putting their trailers there and if they're turning it into their | 01:02:02 | |
property. | 01:02:07 | |
So they're not going to be happy to be told to move that. However, it is a public safety concern. If a fire truck can't get down | 01:02:15 | |
that road or turn back around or do anything, it is not their property. | 01:02:22 | |
So we need to do and I realize this is a transition, but it's time I think for Healer County and these areas to. | 01:02:30 | |
To grow up, in a sense, we are maturing as a county and this is not 60 years ago when you could do just whatever you wanted and no | 01:02:42 | |
one really cared or noticed. Now we have much more congestion and public safety and easement and utilities. They need to be able | 01:02:51 | |
to move and get into these places. So I agree with the changes you're making. | 01:02:59 | |
I realize there's probably going to be a challenge to enforce. | 01:03:07 | |
However, we do need to have the. | 01:03:13 | |
We need to have it in place. We need to make these appropriate changes. I agree with that and I do thank you for that. | 01:03:16 | |
Thank you. | 01:03:23 | |
So is that the end of your presentation? | 01:03:25 | |
We're done. OK, thank you for your input. Any more comments on that one? | 01:03:29 | |
OK. All right. Thank you, Romero. And as time goes on, if you do have comments, make sure you. | 01:03:35 | |
Sure. OK. Thank you. All right, so we'll move on then to Item 2B. And this is information discussion regarding proposed changes to | 01:03:41 | |
the Healer County Minor Land Division ordinance. Good morning, Randy. Morning, supervisors. By the way, I have 5 flights, so I met | 01:03:49 | |
Homer's requirements. Clearly, you get the Gold Star. | 01:03:57 | |
So by the way, it's the same staff that they talked about Scott and Sam and and Alex and Homer and me and stuff and working on | 01:04:06 | |
this too. So I want to give staff some kudos too. | 01:04:13 | |
So the ordinance that we're talking about was adopted in 1989. It was last changed, had a minor change in 2006. | 01:04:21 | |
So there's a state statue that goes along with minor land divisions that is 11831. Minor land divisions are land that are split | 01:04:32 | |
into 5 parcels or fewer and are less than 10 acres. | 01:04:39 | |
We have a lot of people that split and then re split and then re split and then re split. | 01:04:49 | |
You're only allowed to do it 5 splits, then you sell it, and then if someone else splits it and there's enough land there, they | 01:04:56 | |
can do that. But you're not supposed to be doing that in any way to try to get around the subdivision requirements, which is over | 01:05:03 | |
5 lots. And again, we have nothing to do with that. That is all through the Department of Real Estate. | 01:05:11 | |
We have no control or no say over that, so I just wanted to bring that up. | 01:05:19 | |
We also, it says the state statute the county may not deny approval of any land division that meets the requirements of this | 01:05:25 | |
section. So this is not up to us to just say we don't like it, we can't do with it if they meet the requirements we are not | 01:05:30 | |
allowed to deny. | 01:05:36 | |
And those requirements are partial meets minimum aptical zoning requirements. Now the question is, does that apply to Young? And | 01:05:43 | |
Young would not be denied because they don't meet zoning ordinance because there are no zoning ordinances there. Well, there are | 01:05:51 | |
some, but overall Young does not have zoning. So this would not be denied for not meeting the zoning. | 01:05:59 | |
The applicants provide a preliminary title report or acceptable document that demonstrates legal access to parcels. | 01:06:09 | |
Appkin provides a statement from a licensed surveyor or engineer or other evidence acceptable to the county that each partial has | 01:06:18 | |
a physical access that is transversible by a 2 wheel drive passenger vehicle. If you will get into this a little bit, but | 01:06:24 | |
basically. | 01:06:31 | |
The Fiscal Asset access is statement on the survey that says you can get there by a car. | 01:06:38 | |
The legal, I mean, sorry, yeah, that's not legal address or access is we're wanting to make a change that it requires a 24 foot | 01:06:46 | |
Rd. and Homer just went through that and explained why we would want that. | 01:06:52 | |
The applicant reserves reserves the necessary and appropriate utility easements to serve each parcel created by a minor land | 01:07:01 | |
division. | 01:07:05 | |
It's an absolute acknowledges that it is unlawful to attempt to avoid the subdivision laws by acting in concert to divide parcels | 01:07:11 | |
of land into six or more parcels. | 01:07:16 | |
So currently we're doing most of the stuff, some of the stuff that's in our ordinance we have not enforced. We have a couple of | 01:07:26 | |
things we want to add to help enforce this as we move forward. | 01:07:33 | |
So a record of survey for a minor land division drawn by a lands surveyor, meaning all Arizona Boundary Service survey minimum | 01:07:40 | |
requirements and showing existing proposed boundaries access utility easements. What currently happens now is when a surveyor | 01:07:49 | |
draws up a minor land division, they submit that to Scott, Warren or Sam and they do the math and they make sure those lines. | 01:07:58 | |
Closed and meet the requirements. | 01:08:08 | |
Once Scott does that, he also looks over the overall form of it. He shifts it to me and I review and make sure it's cleaning, | 01:08:11 | |
zoning, We have access, we have all the stuff required. Nothing's too close to the property lines, nothing's going over the | 01:08:16 | |
property lines and so on. | 01:08:22 | |
Name and address is Vol Properties, our parties of interest to the Land Division. | 01:08:29 | |
Deception of access Our description of access to the parcel proposed to be divided and manner access is granted within the | 01:08:37 | |
statement from the register for Surveyor stating whether each parcel has fiscal address and that is transferable by A2 wheeled | 01:08:43 | |
vehicle. | 01:08:49 | |
Current zoning of the parcels and areas and dimension of all the parcels, that's what we're doing now. | 01:08:58 | |
Now the state statute addresses. | 01:09:05 | |
Some of the. | 01:09:11 | |
Lot line adjustments, but we don't in our ordinance. Our ordinance was dealing with minor land divisions and not lot line | 01:09:14 | |
adjustments. So we're going to add lot line adjustments in there because that's a pretty common thing that happens a lot here is | 01:09:22 | |
people and subtract and it usually takes two or more parcels to do a minor to do a lot line adjustment. | 01:09:29 | |
The same thing while I adjustment has to be drawn by a surveyor meeting all the Arizona boundary minimum standard and showing | 01:09:38 | |
existing imposed boundaries of the access as required name and address for both parties of interest to the lot line adjustment, | 01:09:45 | |
current zoning the parcels and areas of dimension for all parcels. | 01:09:52 | |
The next page which is our. | 01:10:02 | |
This kind of highlights everything. I will tell you that if you look at number two there, we wrote write existing improvement | 01:10:06 | |
structures. We currently have some of that in our ordinance, but it hasn't always been enforced. The one thing I want to make sure | 01:10:14 | |
we talk about is showing the setbacks if you look at the end of the second line there. | 01:10:22 | |
What happens is they'll show me a structure on the building, but won't tell me how far it is. | 01:10:30 | |
So for zoning, you have to have minimum step back if you ask 20 feet from the front and the rear and seven and seven from the side | 01:10:36 | |
or 7:00 and 9:00. So we're just getting to clarify that. | 01:10:42 | |
So there's no misunderstanding that also helps the people buying the property. | 01:10:49 | |
They know what they're getting into. If they see something that doesn't meet the zoning requirements, they can deal with that. | 01:10:55 | |
One of the things that third line there that we're wanting to start having the surveyors put on the survey is the FEMA flood | 01:11:04 | |
zones. | 01:11:09 | |
Um, as you know, that's a big target that's, that's changing and, and people are buying parcels and don't know that they're in the | 01:11:15 | |
flood. They don't even know how to look that they're in the flood. They don't know that they can go to FEMA and pull up their | 01:11:22 | |
parcel and or would turn a minor land division. They don't even have a partial number yet, so they can't see if it's going through | 01:11:30 | |
there. So as part of the process that we're wanting to make the changes to. | 01:11:37 | |
As we want to show FEMA on there, one of the things we've talked about are in staff has talked about it in the moving forward is | 01:11:44 | |
wanting to add the topos on to. | 01:11:53 | |
Minor land divisions and lot line adjustments, but state statue says we cannot require them to do a independent. | 01:12:02 | |
Study of that, but currently the county is looking at doing that across the county and when that comes into play, we want to come | 01:12:11 | |
back to you and, and we would provide that information to them to the surveyors, but they would put it on the minor land division. | 01:12:18 | |
And one of the reasons that we came up with is make sure they have a building envelope right? That they they bought this this | 01:12:24 | |
parcel and it may not have the proper. | 01:12:31 | |
Building envelope because it's in the flood. | 01:12:38 | |
Or that's on the slopes. You know, there's a lot of things that can come into play and we want to address that. | 01:12:41 | |
It there will be an added expense here, the surveyors, I'm I'm sure going to charge a little bit more to put this information on | 01:12:47 | |
there. But again, this is helping the person buying the parcel and it's helping the person selling it that they don't come into | 01:12:53 | |
liability either that hey, you sold the parcel. It doesn't even have a building envelope on there for a structure to go on. So | 01:12:59 | |
we're looking at that. | 01:13:05 | |
We have there's an acknowledgment, so if they don't meet these requirements that we've talked about, they can still record their | 01:13:16 | |
easement. They have put acknowledgement on there that this parcel will not get a building permit or youth permit and moving | 01:13:23 | |
forward until it comes into compliance. So we're not stopping them from recording it. We're not getting in their way that they | 01:13:31 | |
think sometimes, but they have to put that statement on there and then the recorders will. | 01:13:38 | |
And it'll be there. And that way anyone coming and purchasing that property will see that there's no building permits or use | 01:13:46 | |
permits that's going to be issued until they bring that into compliance and show all those requirements, those five requirements | 01:13:51 | |
that were on there to get approved. | 01:13:56 | |
If you'll notice up there on the upper right hand corner, I didn't mention the reason we have the lot LA highlighted in red is | 01:14:04 | |
because our current ordinance doesn't address this. We do it, we have been doing it, but we're adding that into the ordinance | 01:14:10 | |
here. So I just wanted to clarify that. | 01:14:16 | |
Lot line adjustments are approved once we end minor land divisions once we get all the information we need. Currently we have 30 | 01:14:25 | |
days I state statue and by our ordinance that from when the time the surveyors get it to us we have 30 days to. | 01:14:34 | |
View all that information and either send it back to them. Like if Scott saw that the math wasn't right, he would send it back to | 01:14:45 | |
the surveyors. They would address that, resubmit to us. | 01:14:51 | |
I then look at this, I said at the zoning and I will tell you we have even taken our staff once it comes to us and I approve it, | 01:14:58 | |
we've sent a notice to the surveyor, bring your Mylar in. I signed the Mylar staff even takes that back down to the recorder to | 01:15:07 | |
get recorded for the surveyors. So I mean we're, we're doing everything we can to help this process. | 01:15:15 | |
And as you know, especially Supervisor Humphrey. | 01:15:24 | |
Is is splitting daily? | 01:15:28 | |
And there have been complaints. | 01:15:33 | |
About some of that, again we have no say over that. That is Department of Realty. But the stuff that does come to us, we want to | 01:15:37 | |
make sure is is correct and as as as properly documented as possible. | 01:15:44 | |
One of the good things that we're doing is at the bottom there is you'll see recorder survey. So this is basically you own the | 01:15:53 | |
piece of property, you've had a piece of property and you just want to verify where your boundaries are. So you you paying, you | 01:16:00 | |
have a record survey done. Currently they submit that to Scott again, he does that math. Then it comes to me and I still look for | 01:16:06 | |
all the same stuff, but that's not a requirement. So we're taking that. | 01:16:13 | |
Record of survey by itself not a minor land and not a lot of line adjustment. Just a record survey. | 01:16:21 | |
Find the foundry that they don't have to go through us anymore. They can just take that down to a recorder and record it. | 01:16:26 | |
That way it just opens it up to them. They're not weighing in because I will tell you as it comes to me, I look for my, you know, | 01:16:34 | |
buildings and if I have a building going across a lot line record a survey. I'm not going to sign that. And in in words of the | 01:16:41 | |
county is saying I'm giving away someone else's property. So now I will agree that a record survey is just showing the boundaries. | 01:16:47 | |
The surveyors not doing anything special. It's just showing. | 01:16:54 | |
The boundaries for that parcel, but we still don't want to be signing it as the county approving that when it there may be some | 01:17:02 | |
issues there. | 01:17:05 | |
Um. | 01:17:10 | |
The Scott would still do courtesy reviews if they wanted on the on the Roses or any of those things. Cut and Public Works has been | 01:17:15 | |
very gracious and doing courtesy reviews for them to see if they can. | 01:17:23 | |
Address any of the issues that someone might have missed. That also makes it better for the county. We get a better map or a | 01:17:33 | |
better survey in our system and it's it's pretty. | 01:17:39 | |
Good thing overall. So the surveyors get a second set of eyes on it and the county gets better surveys. | 01:17:49 | |
Next slide. | 01:17:57 | |
One of the things on the bottom there is because we don't currently have a fee for landline adjustments because it's not in our | 01:18:00 | |
our ordinance. We wanted to add that fee for the work that gets done, but none of the minor land divisions fees would be changing. | 01:18:06 | |
This would only be for the lot line. | 01:18:12 | |
And with that, I'm open for any questions. I went through that pretty quick, but I. | 01:18:19 | |
The ordinance is fairly old and we're just trying to update it just to hear to what the counties growing pains are that we have. | 01:18:26 | |
Thank you, Randy. Supervisor Humphrey. | 01:18:38 | |
Yeah, again, again, thank you, Randy, because. | 01:18:41 | |
You know, I've said the whole time, we're only as good as our ordinances. Some of our ordinances were written. | 01:18:46 | |
A long time ago and they just don't fit in the world we live in today. And as painstaking as it is to change ordinances, I | 01:18:51 | |
appreciate staff willing to work on changing ordinances so that everybody understands what we're doing and, and one department's | 01:18:59 | |
not questioning another or they get an answer from somebody which changes if they ask another department. So, so by having these | 01:19:06 | |
ordinances for everybody to read, I think it's a great thing. | 01:19:14 | |
Because with our state growing as it is, Hilah County is going to grow. And, and I think trying to get ahead of some of the curb | 01:19:22 | |
to help protect people from investors and from themselves and, and what they think they want to do with the property they just | 01:19:28 | |
bought, that the people they bought from knew they couldn't do anything and that's why they gave them a good deal on the property. | 01:19:34 | |
So. | 01:19:41 | |
Again, I I think all the staff very much for the I can attitude. | 01:19:48 | |
And, and let, and let's try to help instead of say, well, there's nothing we can do because we're just following our ordinances | 01:19:54 | |
even though we have old ones. And, and yeah, we are growing up north and now in Tano and, and I've, you know, hope sometime in the | 01:20:01 | |
future we can get some growth growing around here. So. | 01:20:07 | |
Just thank you for for again, time, energy and effort and trying to make our complaint list go down because our ordinances read | 01:20:15 | |
our ordinances and don't call us because somebody said something and somebody said something else. It's like, you know, and, and | 01:20:22 | |
having information on property surveys I think is important because there have been people that call me in and they didn't know | 01:20:29 | |
when they bought it so. | 01:20:35 | |
Darn the Realtors and darn the investors, but, but. | 01:20:43 | |
We're trying, we're trying to help. And I, I thank you very much. Thank you, thank you and thanks Randy for putting this together. | 01:20:47 | |
I don't disagree with any of the changes you make and really, and we do need to work on that. Help me to understand, obviously if | 01:20:56 | |
there's a minor land division, there must be something called a major land division. So why are we limited to five on a minor land | 01:21:04 | |
division, 10 acres or less, 5 parcels. Why can't we do 20? You are not limited. You can do 20. You just become a subdivision. | 01:21:13 | |
It just requires a different set of rules. | 01:21:23 | |
A different so these people that are. | 01:21:25 | |
Maybe their friends or whatever, but they're buying a property, they divide it and they sell it and then that person divides it. | 01:21:30 | |
They could forego all of that if they went to a subdivision dynamic. Is it more expensive to do that? There's more steps and then | 01:21:38 | |
you're going to have to deal with roads, utilities, you know, there's a lot of that would require water. | 01:21:47 | |
And you have to have the 100 year water supply for subdivisions. So there's a lot more to it to do subdivisions. But again, this | 01:21:56 | |
the state statue and it's very clear that you can't sell it to your buddy to try to get around the requirements of the | 01:22:05 | |
subdivision. But we have no authority in in doing that. And I, I. | 01:22:13 | |
At the direction of our County Attorney, I filed complaints. | 01:22:22 | |
When people come and say, hey, this is becoming a subdivision out here and I would agree with them, but again, I can only file the | 01:22:27 | |
same complaint as anyone else can. If anyone ever thinks there's a subdivision going in, they all can file the same paperwork that | 01:22:34 | |
I do that goes to department Realty and they may or may not investigate. I'm sure they're busy too, but. | 01:22:42 | |
It does not limit them, it just limits them for the minor land division. | 01:22:51 | |
Sure. And that's a suspicion that may occur that we're not going to chase that one down. But let's say you have then a major | 01:22:55 | |
section of land, I have 100 acres. Now what? What is the process there to divide that? So again, it depends on how you want to | 01:23:03 | |
divide it. You could divide it into 520 acre parcels and then sell your 20 acre parcels to whoever or go to the subdivision or | 01:23:10 | |
make a subdivision and put a couple 100 houses out there. OK, good. | 01:23:17 | |
Last thing, I do believe we need to be charging for any services that we provide. So to do the $200 lot line adjustment, I think | 01:23:25 | |
makes sense that we charge for that. Does it cost us more time and energy to do 2 parcels, 3 parcels, 4 parcels, 5 parcels? Is | 01:23:32 | |
there a difference there? There is difference because each one, each parcel has to verify that they have fiscal and legal access, | 01:23:39 | |
the zoning requirements. | 01:23:46 | |
That go along there. | 01:23:54 | |
Any of the utilities that come across there, you know when you have 5 parcels and you're putting them in, a lot of times you have | 01:23:56 | |
a well and then they want to run water line across all those. So then we have to go back and check easements and everything on | 01:24:02 | |
each parcel and have to record them individually. | 01:24:08 | |
So it does take more time when there are multiple um. | 01:24:16 | |
Parcels. | 01:24:20 | |
We've discussed in the past where. | 01:24:23 | |
You're concerned from time to time to make sure that we're charging enough. | 01:24:28 | |
So that we can operate the department without the. | 01:24:33 | |
Huge deficit. So I guess the reason I ask that is could we not just charge 650 for any land divisions period? | 01:24:37 | |
Whether it's 2345 discharge the same fee or would that be something we end up with? | 01:24:49 | |
Profiting or doing something? | 01:24:57 | |
Like that it's only $150.00 difference and to me it seems like if you're gonna divide your land, one fee would be enough. | 01:25:00 | |
That is that is certainly up and we can bring that back when we bring the ordinance back that we would look at that and we can | 01:25:09 | |
track the numbers down to make sure that we're not profiting office that we're just covering our cost. I mean, obviously that | 01:25:16 | |
would be easier for staff to and and even the land owners that they just, you know, write one check and be done with it and | 01:25:22 | |
they've done their. | 01:25:28 | |
Their things. So yes, I certainly can look at that. I, I don't have the actual numbers that I could tell you right now that | 01:25:35 | |
exactly what they are, but we could look at that. | 01:25:39 | |
The reason I ask is because you say we're not changing these fees and this is an ordinance that's aging. And as it's aging, then | 01:25:43 | |
that means we're getting more and more behind the number the the, the amount that we need to charge perhaps. And we're running | 01:25:50 | |
into that with the landfill, we're running into that with other departments and so. | 01:25:56 | |
Anyway, I think we have another participant just to chime in on your permit fees. Mr. Chair, Supervisor Humphrey, Randy, with your | 01:26:04 | |
permission, we will have a contract coming to the board next month for the company that will be analyzing all of our fees county | 01:26:11 | |
wide and coming back to you with recommendations about what those ought to be based on real costs and future cost expectations. | 01:26:18 | |
It's helpful to know that. Thank you so much, Baron. | 01:26:25 | |
OK. So I don't have any other questions. Any more comments on what we've done on this item? | 01:26:33 | |
OK. I, I don't have, I, I have one more question, Mr. Chair, if I may, and I don't want you to answer it, but it's a question that | 01:26:39 | |
I'm sure if we have people on on that, I'm going to get asked. Why does Young not have zoning requirements? I'm not going to ask | 01:26:46 | |
you to answer that today. Supervisor client is out, but I'm sure with us talking about growing and minor land divisions and things | 01:26:53 | |
of that nature. | 01:27:01 | |
That is the question that I'm going to be asked. | 01:27:08 | |
But I don't want you to answer it. Thank you. | 01:27:12 | |
Yeah, it's an interesting area of the county. | 01:27:18 | |
For sure. OK. Thank you, Andy. Thank you for that. | 01:27:22 | |
OK. Do we have enough time left Joseph for you today? | 01:27:26 | |
We don't want to be late for lunch. It's but. | 01:27:31 | |
Let's let's move on to Item 2C and that would be information discussion regarding the past, present and future of the Michelson | 01:27:35 | |
Building. Good morning, Joseph. | 01:27:39 | |
In the past month, we have strengthened the IGA with the City of Globe and other collaborating with other stakeholders. We would | 01:27:46 | |
have would like to regroup and outline a path forward to achieve this. We would like to take a look at the past, where we're at | 01:27:52 | |
and where we're moving forward. | 01:27:58 | |
I'll try and keep it as quick as I can. | 01:28:05 | |
Thank you. | 01:28:10 | |
That's when the heart of Globe, AZ, the Michaelson Building at 157 S Broad St. stands as a beacon of history and transformation. | 01:28:12 | |
Built in 1929 by the renowned James P Michaelson, who also designed the iconic Masonic Hall, the 7980 square foot building was | 01:28:19 | |
initially a grocery store. | 01:28:27 | |
With an open air market housed that housed Safeway over the years, it passed through multiple hands from George and Margaret Leach | 01:28:36 | |
in 1959. By 1991, Hill Accounting acquired the property for $150,000 and in 1994 it was transformed into Child Support and County | 01:28:43 | |
Attorney Investigators office, solidifying its role. | 01:28:51 | |
In serving the community. | 01:29:01 | |
Hill County's acquisition marked the beginning of a new chapter for the Michaelson Building. Its pivotal role in hosting critical | 01:29:04 | |
county services like child support and legal offices showcase the adaptability and value of the historic structure. However, in | 01:29:10 | |
2015, as departments moved to the Courthouse Guerrero Building, the Michelson Building stood vacant, awaiting its next opportunity | 01:29:16 | |
to serve the people of Globe and Hillock County. | 01:29:21 | |
The transformation of the Michelson Building is a true partnership between Healer County and the City of Globe, demonstrating the | 01:29:28 | |
power of collaboration to revitalize historic infrastructure. Hill Accounting, as the builders owner have invested over 300,000 in | 01:29:36 | |
renovation efforts to date, underscoring its commitment to preserving the future the structure and preparing its future use. | 01:29:43 | |
Simultaneously, the City of Globe has been instrumental in securing grants and driving the vision for the building future. | 01:29:50 | |
In 2018, City of Globes Linda Netto spearheaded the project, collaborating with Matt Glover of Co Host. | 01:29:58 | |
Whose urban renewal efforts in Mesa served as inspiration. This partnership sparked the idea of the transformation of the | 01:30:06 | |
Michelson building into a business incubator and shared workspace, setting the stage for an innovative and growth and globes | 01:30:12 | |
downtown. | 01:30:17 | |
Together, Hill County and City of Globe have successfully secured significant funding, including a $650,000 Build Back Better | 01:30:23 | |
Initiative grant, USDA Rural Economic Development Initiative. | 01:30:29 | |
Fund the support from Freeport, Macaron, Resolution Copper, as we have mentioned in the past have been great partners. These | 01:30:35 | |
combined efforts reflect a balance of collaboration, collaborative approach to revitalization, revitalizing the Michaelson | 01:30:42 | |
building for the benefit of the entire community. | 01:30:49 | |
The renovation of the Michaelson building is progressing steadily, first starting off with the roof replacement as you can see | 01:30:59 | |
here in the slides. | 01:31:03 | |
Early abatement efforts addressed significant hazards including the removal of lead based paint and asbestos, ensuring compliance | 01:31:12 | |
with contemporary safety standards. Looking ahead, the next phase will focus on mold abatement and the demolition of non essential | 01:31:18 | |
interior infrastructure. | 01:31:24 | |
Which will pave the way for the buildings transformation into a vibrant business incubator. | 01:31:32 | |
These projects are fully contracted and set to commence in December. And fishing. | 01:31:37 | |
In early February, marking a crucial step in the renovation timeline. With these efforts, alongside the 2023 roof replacement and | 01:31:43 | |
the ongoing structural upgrades, the Michelson building is on track to become a city functional and inspiring cornerstone of | 01:31:49 | |
Gloves downtown revitalization. | 01:31:54 | |
On the slide here, we cut through. | 01:32:09 | |
And outline some of the. | 01:32:14 | |
Critical infrastructure was supporting the. | 01:32:18 | |
The facility, most of the building or most of the buildings walls on the interior are non load bearing so that is a large portion | 01:32:21 | |
of what will be removed. | 01:32:25 | |
The transformation of the Max building is about more than bricks and mortar. It's a revitalization of gloves to start downtown, a | 01:32:35 | |
spark for economic development. | 01:32:39 | |
The path forward as we look into the future for the Michelson Building relies on a strong partnership between the City of Globe | 01:32:46 | |
and Hill County Facilities teams. Together, we are working to develop a clear and actionable plan for a design build project. | 01:32:53 | |
That will bring the shared vision for the historic structure to life. While the City of Globe will serve as the primary entity | 01:33:02 | |
responsible for funding and contracting the project, the Hill Accounting Facilities team will continue to play a critical role as | 01:33:07 | |
advisors and oversee the construction management process. | 01:33:12 | |
Our expertise will ensure that the project executed effectively, maintaining both the historic integrity of the building and the | 01:33:18 | |
functionality as a modern business hub. | 01:33:22 | |
With that, I'd be happy to take. | 01:33:29 | |
Any questions? Thank you, Joseph. Supervisor Humphrey. Yeah, I don't have many questions, Joseph, because I've asked them as we've | 01:33:32 | |
gone along with this building. It's something that and we had a presentation just here a while back with the with the investors in | 01:33:38 | |
the building and I appreciate. | 01:33:44 | |
All of the people that are willing and kind of revitalizing the the downtown area and, and not only that, it's great to have a | 01:33:52 | |
working relationship with the city of Globin and and Freeport to be able to all work together. | 01:33:59 | |
On a building that that we all can use or, or like you say for young entrepreneurs for helping them have office space and things | 01:34:06 | |
as they want to get started. So I, I, I, it, it. It's too bad that it got in the shape that it did. | 01:34:15 | |
Before we started. | 01:34:25 | |
Partnering up and getting it fixed, but it it, it will be a great project when we when we get it finished. And like I say, to help | 01:34:28 | |
build the relationships with with our other partners in it. | 01:34:35 | |
Sure. Thank you for your for your update today and some of the history I I didn't realize some of the history of it, although I | 01:34:41 | |
know I know about 5055 years of it. But thank you. | 01:34:48 | |
Thank you, supervisor. Thank you. Yeah. Thank you, Joseph, for you and everyone involved. So. | 01:34:56 | |
This is one of those things where you either fix it or tear it down. It's it's a building that's aging and justice needs a lot of | 01:35:05 | |
care. And so as we go through that care, I see here on one of your pagers a partnership that the city of Globe is contributing. | 01:35:14 | |
A lot 1.4. | 01:35:24 | |
And a half million, is that what I'm reading right there? And so will that be enough to complete the planned project with all of | 01:35:27 | |
the offices and bathrooms and everything that you have planned for it? With that, Sir, we're highly confident in that estimate. | 01:35:33 | |
With that being said, there's still a lot of work that needs to happen, such as the design. And when we go through that design, | 01:35:39 | |
we're really going to have a better understanding. | 01:35:45 | |
Of what that scope is, I see the concepts here you have a page on concepts. | 01:35:52 | |
And pretty extensive. Looks really good so. | 01:35:59 | |
I like the front. | 01:36:03 | |
Looks modern and vibrant. | 01:36:05 | |
I think it's a great thing that we're saving the building and I'm going to put it to good use so. | 01:36:09 | |
Yes, Sir. Thank you, Joseph. Thank you, Mr. Chair. One more whom is going to. | 01:36:14 | |
Do the design and what what I mean, what it I I can see kind of the breakdown design and so you said do the design on A1 picture. | 01:36:22 | |
It looks like it's already been pretty much done. Is that done just a hand drawing to kind of give. | 01:36:31 | |
Something of what it might be and and it's not any part of an actual design supervisor. Humphrey, that's a great question. Yes, on | 01:36:42 | |
your last point, it's just a concept to give inspiration of what it could look like. | 01:36:48 | |
OK. But but going forward with an engineering company, I would guess on who's going to do the design, this is kind of what you're | 01:36:55 | |
going to give them for what all the partners would like to see out of the building. I this is when we do give it to him, it'll be | 01:37:02 | |
just as a concept. | 01:37:08 | |
After we get input from stakeholders, that's what's really going to determine the layout and what it's going to look like. | 01:37:16 | |
OK. And when, when do you think the stakeholders are going to get together to kind of give engine engineering it it seems to me | 01:37:23 | |
working with engineers in the past, if you give them an open sheet, then gosh, she only knows what you're going to end up with, | 01:37:30 | |
you know, bronze statues in the middle of the hall or some darn thing. So anyway, I guess going forward when, when are the | 01:37:36 | |
stakeholders going to get together to kind of give some perimeters? | 01:37:42 | |
Of a of a design company. We'll be working with the team to look at establishing that, Sir. | 01:37:49 | |
OK. In the next six months, next year and a half, it'll it'll be in the next two to three months. It's good. Thank you. No | 01:37:57 | |
problem. | 01:38:02 | |
Great. Well, I don't know that I have any more questions on that. I'm glad we're proceeding with it. | 01:38:07 | |
So thanks for all your effort. Thank you very much. OK. | 01:38:14 | |
A little faster than I thought, which is great, so let's keep moving on. | 01:38:20 | |
Item 3 is a call to the public. Cassandra, do you have anybody that wants to say anything on the Internet there now? How many do | 01:38:26 | |
we have today? | 01:38:30 | |
Three, that's great. OK, Anyone here locally in Globe that wishes to address? | 01:38:35 | |
US call to the public no. And Tyler anyone in Payson? | 01:38:43 | |
OK, great. So let's move on to item number 4, which is our reports. | 01:38:51 | |
Manager men love. | 01:38:56 | |
This chairman, two things I'd like to bring up today. First of all, at a season of gratitude, long term trust, appreciation to | 01:39:00 | |
Healer County employee. We have many great employees that are committed to service, service to the public. I appreciate them. We | 01:39:08 | |
all appreciate them and the work that they do to hopefully bring things, make things better for the citizens of Healer County. | 01:39:16 | |
And what I acknowledge the Board of Supervisors and as a part of the budget. | 01:39:25 | |
Was included at 2% merit raise increase for departments and it'll be similar to what was done last year that departments will be | 01:39:29 | |
allowed a a lump sum 2% of their salaries budget to administer as they see fit intended as when there are some issues of | 01:39:38 | |
compression that we may be able to address some of those it may be for. | 01:39:46 | |
It typically would be tied to a merit increase so that. | 01:39:56 | |
Departments can based on personnel evaluations, employee evaluations that they can give raises to those that are a step ahead and | 01:39:59 | |
a step above others that they will have that flexibility at the department level. So thank you to the Board of supervised for | 01:40:07 | |
allowing that and and looking out for our employees that we can hopefully give a little bit more 2% in January, maybe the first | 01:40:14 | |
full paper in January and then the second paycheck employee second. | 01:40:22 | |
Check in January that those will take effect. | 01:40:29 | |
I wanted to acknowledge the Healer County Provisional Community College District. There's an article in the Arizona Silver Belt, | 01:40:35 | |
so I think I can go ahead and speak to that, that there's been significant. | 01:40:41 | |
Progress made in the Community College district. We're thankful for them because education is important to our youth that live | 01:40:49 | |
here in Gila County and this is a great opportunity that the IT is. The Accrediting Commission for Community and Junior Colleges | 01:40:57 | |
peer review team came to both campuses of the Community College district. | 01:41:05 | |
Payson and Globe and there is a report that will be due out in January. | 01:41:15 | |
That will determine give an assessment of where the college is at and it gave three options that. | 01:41:20 | |
I think there's a great hope that the college will continue to move forward and that there's great hope to heal a county that as | 01:41:30 | |
an educational entity for Utah County, that there's progress being made and that we're moving forward. So I express appreciation | 01:41:36 | |
to the board. | 01:41:43 | |
Of the Community College district and to all those that have worked so hard to. | 01:41:51 | |
Continue to work and see that there is an educational opportunity for kids and youth and adults that all participate in the | 01:41:56 | |
Community College history. Thank you, Mr. Chairman. Thank you, Supervisor Humphrey. | 01:42:02 | |
Umm, well, on that note, yeah, it's great to see them moving forward trying to reach out on their own. They went through an awful | 01:42:10 | |
lot of heat. But I'm glad to see that the heat in the kitchen is, is creating a, a, a brighter future for, for not only the | 01:42:17 | |
people, but our education curriculum that, that, that they will be able to work with. And so that's good. And, and other than | 01:42:25 | |
that, I have nothing other than I would like to wish everybody. | 01:42:32 | |
Happy Thanksgiving and to have a safe and happy holiday and then this is the time of year for me where life slows down a little | 01:42:40 | |
bit and and enjoy things in life and pick up the fight in January. But I wish everybody a safe, happy holiday. | 01:42:49 | |
Thank you. And you know, I'll add to that. Let's say thank, thank for everyone here, this meeting, a good meeting and we have two | 01:42:59 | |
more this year next week and I think the week two weeks after that or something the 3rd and the 17th if I remember right. And and | 01:43:06 | |
then we're done for the year. So happy Thanksgiving everyone and be safe and enjoy your Thanksgiving. And with that, I'll adjourn | 01:43:13 | |
the meeting. Thank you. | 01:43:20 |
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Transcript | ||
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I said good morning everyone. | 00:00:04 | |
OK, We're going to have a work session today. It's November 26th of 2024. It's 10:00 in the morning. And I've asked Eric Mariscal | 00:00:08 | |
if you'd leave us in the Pledge of Allegiance, please. | 00:00:13 | |
Pledge allegiance of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with | 00:00:20 | |
liberty and justice for all. Thank you. | 00:00:27 | |
Good to see everyone here this morning. | 00:00:38 | |
Be myself and Supervisor Humphrey this morning only, and so we'll proceed with the work session. | 00:00:42 | |
And we have 3 items. | 00:00:50 | |
Which probably will take hours. | 00:00:52 | |
The shorter the agenda, the longer the meeting. That's the rule. But anyway, Item 2A is information and discussion regarding | 00:00:56 | |
proposed changes in revisions to the Hewitt County ordinance #02-01, which is a right of way ordinance. Good morning, homeroom. | 00:01:05 | |
Um, glad to be here again for another work session, chairman and, and, and board members. And we are trying to take advantage of | 00:01:17 | |
the dialogue that happens at the work sessions. One of the things that I wanted to say is I was mentored once, 6060 font, 5 pages, | 00:01:24 | |
30 minutes. OK. And I'm going to try to live through most of those, but I've already failed the 1st 2:00. There's a 17 slides in | 00:01:31 | |
here. | 00:01:38 | |
Is the smallest 14 I think, but it's all important information I think. So we'd like to share it with you. And what we're trying | 00:01:46 | |
to do is gather the information so we can restart the revision of this right away ordinance. We actually hired someone to to | 00:01:53 | |
rewrite this ordinance back in 2022, didn't like the outcome of that write up. It was put on hold and it's been on hold and and | 00:02:00 | |
we're going to restart it again and we'll use some of that. | 00:02:06 | |
Revisions that were put in place. | 00:02:14 | |
But there's a number of permit scenarios that have come up since 2022 that we would like to see addressed in the right of way | 00:02:16 | |
ordinance. And so we're going to be sharing those things with you today, OK. And along the way, if you have any questions, don't | 00:02:22 | |
hesitate to stop me. There is some information later on that may be affected by the question, but will handle the questions as you | 00:02:28 | |
presented. OK. | 00:02:34 | |
And and I do have a team here. | 00:02:41 | |
The team is. | 00:02:44 | |
The public works team that worked on the right of way ordinance that you see Alex and you see Sam, our new surveyor and Scott, | 00:02:46 | |
John and Steve Williams are here today and they played a role and plus others have played a role in this, in this outline of what | 00:02:55 | |
we think the ordinance should have. So let's start with the ordinance revision, the next slide please. | 00:03:03 | |
Is is meant to expand the scope of the ordinance in order to include permitting requirements for covert driveways? | 00:03:12 | |
Right way tie insurance and to provide a process to follow in the right of way work being done without a permit when the right of | 00:03:19 | |
way work is being done without a permit we'd like to see a process for that permit violations also how to address permit | 00:03:27 | |
violations enrollment process and to rewrite for clarity the permit requirements for utilities to work on right of ways. The | 00:03:34 | |
original the ordinance that were that were revising was written in 2002 and its main focus was. | 00:03:41 | |
Utility work in right of ways OK it it didn't concern itself with. | 00:03:49 | |
Property owners doing Co works and driveway tailings and so we'd like to add that to the ordinance. | 00:03:54 | |
Let's see if I can remember how. | 00:04:08 | |
Workplace. So we have some definitions and we're going to use these definitions in our discussion today and potentially in the | 00:04:11 | |
ordinance itself. So the first one is a right of way. It is the full width of the tract of land dedicated for public | 00:04:17 | |
transportation that includes all components of the road, including the travel way, the shoulders, the ditches and the utility area | 00:04:24 | |
on the road. | 00:04:31 | |
Oftentimes on our roads and I'll, I'll probably repeat this later on. | 00:04:39 | |
You see water meters in a ditch because the road is too narrow. And so we're putting two things in the same place. And that's a | 00:04:43 | |
problem for everybody. It's a problem for us, it's a problem for the utilities, problem for maintenance. And we'd like to see we | 00:04:50 | |
can find a way to deal with that going forward. And it's in here in one of the slides. The other one is county right of ways. It's | 00:04:57 | |
simply refers to roads maintained by the county. And in the slide you see a number of different county right of ways. | 00:05:05 | |
Ways that we do anything with them from a permitting standpoint and we're going to address that in some of the slides here when we | 00:05:43 | |
use the word public right of way we and I'll probably use it and then what it means it's all public right of way whether they're | 00:05:50 | |
maintained or not OK and a public utility company as a public service corporation recognized by Arizona Corporation Commission via | 00:05:58 | |
certificate of conveyance and necessity and the and or a licensed by. | 00:06:05 | |
To provide telecom services. So when we think of a utility, we're gonna think of a utility in that way in this PowerPoint | 00:06:13 | |
presentation. And then right away encroachments, we're gonna talk about encroachments. And I just wanted to try to define it. | 00:06:20 | |
It's, it's something that impacts the ability to use the right of way as a 2 lane Rd. at the posted speed limit. And your input | 00:06:27 | |
now and along the way will help with with the rest of the presentation. | 00:06:34 | |
So far so good. | 00:06:43 | |
Humphrey Yeah, yeah. So it's a work session, so something anytime I I had some questions, but you said there would be slides on it | 00:06:45 | |
later. So I'm going to wait for the slides later. And I checked them and if I don't get my answers slides later, then I have | 00:06:51 | |
marked which ones I have questions on. Very good. | 00:06:56 | |
Mr. Chair, thank you. I have no questions either. So on the next slide it talks about. | 00:07:03 | |
Who needs a right away permit and when are they required? And the short answer is anyone working on a public right of way needs a | 00:07:11 | |
right of way permit. And so the list is public utility company property owners, commercial property owners and, and those are the | 00:07:18 | |
groups that we're going to be talking about in in the rest of the slides. | 00:07:24 | |
But anyone working on a right away needs a permit. | 00:07:32 | |
So I wanted to just share some things and I, I know that we deal with public utility company franchises separately. Clerk of the | 00:07:37 | |
Board handles those franchises and we recently approved two of them. But I just wanted to touch base because I think what's | 00:07:43 | |
included in that franchise agreement is very important. | 00:07:49 | |
And and certainly public works need to take advantage of what's in those franchise agreements. But the franchise agreement grants | 00:07:57 | |
a utility a license to use public right of ways. OK. And later on we're going to talk about what does that mean? Does that mean | 00:08:02 | |
county maintain roads? | 00:08:07 | |
Or all public right of ways for the purposes of this of this presentation, when we talk about an ability of a, a, a franchise | 00:08:13 | |
public utility company using the right of ways, we're going to, we're going to say it's all public right of ways, whether they're | 00:08:20 | |
maintained or not. And later on we'll seek legal counsel through the County Attorney and or consultants and we'll figure out if is | 00:08:27 | |
it really what is meant by a public right of way in the franchise agreement. | 00:08:35 | |
And in the in the state statutes or not, are we are we just limited to county maintained roads or can we require a right away | 00:08:43 | |
permit for franchises on all public roads? OK. And again in this presentation it assumes that it's all public right of ways, OK. | 00:08:53 | |
And those things can be easily changed. We just say, no, we want to go this way. We're going to go that way. I'm just, I'm just | 00:09:03 | |
when we think about what we're talking about here, it's all when we're going to require a right away permit from franchise public | 00:09:11 | |
utility companies on all public right aways. So we, we started the franchising back in 2016 and today we have. | 00:09:19 | |
27 plus franchise agreements water, electrical and sewer and the elements of a franchise if you were to read the franchise | 00:09:28 | |
agreements and you have. | 00:09:32 | |
It's a very powerful document. It talks about insurance and talks about indemnification. It is a 25 year agreement for a fee of | 00:09:37 | |
$350.00. It's non exclusive. It holds the county harmless for damages to the to the the public utility system as a result of | 00:09:44 | |
county maintenance or construction and the county may request for those lines to be relocated if they interfere with Rd. | 00:09:52 | |
maintenance. And so it's a well written document. | 00:09:59 | |
Very much and choice the state statute it it puts the burden entirely in the utility company for any expenses. | 00:10:07 | |
OK. | 00:10:14 | |
So Romero, if I could interrupt, you might be coming to this. So tell me you're coming, but. | 00:10:19 | |
What assurances do we have if a utility does something in one of the roads that we maintain and does not restore that roadway | 00:10:25 | |
appropriately? SO11 of the slides that's addressed that. And basically we can require them to do it. We can do it ourselves and, | 00:10:33 | |
and bring and bring those costs to them and we can cancel the franchise agreement, OK. | 00:10:42 | |
So public utility companies that did not have a franchise. So we have public. So what do we do with a public utility company that | 00:10:52 | |
comes to us and says I want to apply for a right away permit, I don't have a franchise. Do we tell them you can't, you can't do | 00:10:58 | |
your work. You have to wait till you get a franchise agreement, the franchise agreements. | 00:11:05 | |
Require board approval to just post the franchise and it's a three-week public notice and then a second board meeting to approve | 00:11:13 | |
the franchise. So if somebody doesn't have a franchise that comes to public work and we say you need a franchise. | 00:11:20 | |
Then they're probably 3-4 months wait for them. OK Or we could have something like a license that says, OK, we're going to have, | 00:11:27 | |
we're going to give you a one time license to do the work that you've described and it would have. | 00:11:33 | |
Almost identical requirements as a franchise agreement, but on top of that it would have in an assurance for the work to be | 00:11:41 | |
performed a bond. | 00:11:44 | |
For the work to be performed and we could give them a one time license at basically almost the same cost as a as a franchise | 00:11:48 | |
agreement and really encourage them to go get a franchise agreement. OK, they have to do satisfy all the requirements of a | 00:11:54 | |
franchise agreement. But we so in in writing this this ordinance we would like to we're going to be addressing that we're going to | 00:12:01 | |
pick one way or the other based based on input that we get today. | 00:12:08 | |
And again from the legal counsel input that we'll get after we finish writing the ordinance. | 00:12:16 | |
Wanted to show you a couple of pictures. The first one shows a water tank and a right away. And I'm not I'm not going to pick on | 00:12:23 | |
the water company. Is it? It is at a dead end. Is it at the dead end of this road? This road connect doesn't connect to anywhere | 00:12:30 | |
at the end. They may have been doing the turnarounds at that at that end of the right of way. But again, it's a it's a utility | 00:12:36 | |
that is in a right of way and maybe it's it's been there for a long time. | 00:12:43 | |
And maybe they did talk to the county about it. Maybe they didn't. | 00:12:50 | |
But it's an example of how utility, if we don't monitor their work, we'll put the utility in the most convenient place for them. | 00:12:54 | |
The other one that shows Tonto Basin County Maintain Rd. that's that's a, that's a road. It is maintained by the county. Somebody | 00:13:02 | |
does a trench and the trench was going to be left to be found out about it on a Friday. | 00:13:11 | |
We felt that that was a safety hazard. | 00:13:20 | |
We took our action to do some traffic control for it so that it could survive the weekend without somebody falling in the trench. | 00:13:24 | |
And then we work with with that person. We was a person, not a utility doing the work. And in this ordinance we would not allow a | 00:13:32 | |
person to do work, utility work. We would only allow utilities to do utility work, a person. | 00:13:40 | |
A property owner who do work in the right away just for their culverts and their driveway. Tie insurance. | 00:13:49 | |
But but utility work on a on a public right of way would only be allowed for public utility companies. | 00:13:56 | |
I have a question on something like that. No matter who's doing the work, could we put something in there that they have to notify | 00:14:07 | |
us if they are working on a weekend so we can be a little more observant of? Because nobody works on a weekend and a lot of these | 00:14:15 | |
things are done on weekend, so could they be asked to? | 00:14:23 | |
On the permit to. | 00:14:32 | |
Let us know if they're going to be working on weekends and what weekend exactly. If they, if they applied for a permit, we would | 00:14:34 | |
put the requirements of traffic control. You can't leave a trench uncovered overnight. These are typical requirements that we put | 00:14:40 | |
on a right of way permit. The problem here, they did not apply for a permit and so it was worked without a permit that was taking | 00:14:46 | |
place. Had it been permitted, we would have had a problem. First of all, we would have questioned why is the person doing the work | 00:14:51 | |
in a utility. | 00:14:57 | |
2nd, we wouldn't allow Friday afternoon work, late Friday afternoon work to happen without them having the provisions of steel | 00:15:05 | |
plates over the trench or having filled in yet. You're right. And so when work happens on a weekend, it it unpermitted, it is | 00:15:14 | |
problematic and we need to find a way to when we when, when we do find out that that happened, that it whoever's doing. | 00:15:24 | |
Work and it's in one of the slides pay double the fee, reimburse the county for any work we do, including going out there on a | 00:15:33 | |
weekend and and and monitoring the work when somebody calls in. But there there ought to be something that discourages people to | 00:15:39 | |
try to do right away work without a permit. Now utilities responsibilities wouldn't do that. OK, the gas company here wouldn't do | 00:15:45 | |
that. | 00:15:52 | |
That the larger electrical utility companies wouldn't do that and so so but but it does happen. | 00:15:59 | |
And it is a problem for us. | 00:16:04 | |
OK. So Honero, would this typically get blue staked to do this trench that you're showing? Would it typically be blue stick by a | 00:16:08 | |
utility? Yes, we put the burden of blue staking on the right away permit holder. So if this individual. | 00:16:17 | |
Had a call for a blue stake on this trench that he dug. Would we be notified of that, that it was permitted or not permitted, or | 00:16:28 | |
so he could call for a blue stake, get it and still dig? | 00:16:34 | |
No, we would not be notified that. | 00:16:41 | |
It was blue state and we don't believe that they blue state that area. | 00:16:45 | |
Well, that's pretty dangerous, but still I'm just so my my question was if it gets blue state, does it require a permit to do the | 00:16:49 | |
blue stake? No. | 00:16:54 | |
They wouldn't notify us and we don't believe that they called it in, OK. And that's two separate like departments, entities, | 00:17:00 | |
everything to where we don't communicate with the blue state people. | 00:17:06 | |
We can bring that up with them to see if they that they can notify us for for that and we'll take that as an action item. OK, | 00:17:13 | |
thanks. | 00:17:18 | |
OK. So the next slide is Allison Drive in Pine. This is a public right of way that's not maintained by the county. | 00:17:28 | |
County actually has a quick claim through this road. OK, so in in essence you could say the county owns the road, but the board | 00:17:39 | |
has never taken action to accept this this quick claim and accept this role and therefore we don't maintain. | 00:17:46 | |
OK, it's a 35 foot public right of way. And when you think of roads in Healer County, that's that's a pretty wide Rd. However, if | 00:17:54 | |
you look at it, there's about 15 feet between vehicles and, and the, and the other item that you look at here is one neighbor | 00:18:01 | |
parks and RV. And so now it's OK to park a car in a county right away, then another neighbor parks and RV and pretty soon this | 00:18:09 | |
public Rd. that we don't maintain, but it's still a public road and it can be enjoyed by the people. | 00:18:16 | |
That that that use it as a public Rd. has become a parking lot. And that's an issue that we see often and you begin to see in the | 00:18:24 | |
picture. It's not just vehicles, it's trailers and equipment and other things, OK. | 00:18:31 | |
So we're trying to address that in the ordinance. And then in the next slide you see a picture of South Park Road and meets Ranch. | 00:18:39 | |
And what you see is that the right of way actually extends full foot behind the fence. The fence encroaches on the right away by | 00:18:45 | |
about four sheep. | 00:18:52 | |
So when a utility company see that and they get a right away permit, they'll assume that the fence is the edge of the right away | 00:18:59 | |
and they'll put the beater on the roadside of the fence instead of on the other side where it could be long and pretty soon you | 00:19:04 | |
end up with a very narrow Rd. | 00:19:09 | |
And water meters are a big problem for Elia County, OK and and they often encroach on the travel way. And the other picture is a | 00:19:15 | |
picture of Navajo Dr. The company came to us to get a permit for a right of way. We gave them a right away permit thinking that | 00:19:23 | |
they were going to trench some some reasonable amount. This is a road that's a platted Rd. It is. | 00:19:31 | |
A public Rd. that has never been built out. It's what we call the paper Rd. | 00:19:40 | |
It exists on a plat. It was dedicated. In fact, this road in essence was accepted by the county on that plan. But we have never | 00:19:45 | |
maintained it. And it's not a maintained road. And they and they don't want it to be a maintained Rd. but they but because it is a | 00:19:51 | |
public Rd. we, the utility company came to us. We gave them right away and they took every tree out and created a drainage issue | 00:19:57 | |
for the people downstream. | 00:20:04 | |
And it's, it's again, it's us, our staff being. | 00:20:11 | |
Cognizant of the these these things can happen and taking the proper precautions in the engineering drawing and the other | 00:20:19 | |
information that's provided to us. But the utility company also should have known better. You don't tear down a 12 foot path or a | 00:20:24 | |
trench that only requires 2 feet. | 00:20:29 | |
Anyway, those are problems that we've encountered along the way. | 00:20:37 | |
So the next slide is about right away permit requirements for public utility companies on all public right of ways new | 00:20:41 | |
construction and I tried to highlight the slide with blue and maybe I missed a few, but we already require most of these things, | 00:20:48 | |
OK. The things that we don't require are shown in red. | 00:20:56 | |
A license if the board agrees that we can issue a license for a one time use of the right of way. | 00:21:05 | |
Where there is no franchise and also grading and drainage permit will be required for paper rolls. | 00:21:12 | |
And and and. | 00:21:18 | |
Normally when you think about work on a right of way, if if all you're doing is you're digging a trench and you're putting the | 00:21:21 | |
road surfers back to the same elevation with no changes to the road surface, it basically says why do you need upgrading and | 00:21:27 | |
drainage permit? You haven't changed drainage and we can accept that logic except on paper roads where a road doesn't exist and so | 00:21:33 | |
a grading and drainage should be required. | 00:21:39 | |
On all paper rows. | 00:21:46 | |
To avoid the issue of, but basically everything that you see on this slide other than what's in red is already required by the by | 00:21:48 | |
the current ordinance and by roadway design standards manual. | 00:21:54 | |
So that was utility companies doing new construction. The next slide is utility companies doing planned repairs and emergency | 00:22:02 | |
repairs and so. | 00:22:07 | |
The current ordinance doesn't really refer to plant repairs, OK, but instead it requires a permit for any work on the right of way | 00:22:15 | |
by a utility. So because it's it's written like that staff over the many years, and I'm not talking about our current staff, but | 00:22:23 | |
the staff over the many years has may or may not have required a right of way ordinance for plant repairs. | 00:22:31 | |
But we should require an ordinance for, for, for planned repairs because we want to know first of all, we want to make sure that | 00:22:39 | |
they have traffic control and we want to make sure that they have insurance because it's our, it's our, some of those are the, | 00:22:43 | |
some of these roads are ours. | 00:22:48 | |
And we bear that liability And so, and we want to make sure that they are not changing the alignment of the utility. And if they | 00:22:52 | |
are changing the alignment of the utility, then we go back to new construction, requiring them to do the, the things that are | 00:23:00 | |
required of new construction. So in a planned repair, we, we wouldn't need necessarily an engineering drawing a site plan would be | 00:23:07 | |
good enough. They're not changing anything. So we, we, a site plan would be sufficient for us. | 00:23:15 | |
Less work for the utility, but nonetheless we we think that we should require, it should be clear in the ordinance that we would | 00:23:23 | |
require a right of way permit for a utility company for plant repair and then emergency repairs so. | 00:23:29 | |
The existing ordinance does mention emergency repair and of course, if it's an emergency, they should do the work and they should | 00:23:38 | |
notify us in in here. I've added 24 hours. The ordinance was unclear as to when they give us a notification, but they should | 00:23:46 | |
notify us by phone or e-mail in 24 hours. Actually, I think the ordinance is in three days. OK, but because now that the e-mail | 00:23:53 | |
exists, that maybe didn't exist. It's the way that it's used today, in 2002. Today you can send us. | 00:24:00 | |
And often people pick it up on their phone and we know that there's an emergency repair taking place. And then three days after | 00:24:08 | |
the emergency takes place, they need to give us the paperwork to say why was this an emergency and what was performed, the site | 00:24:15 | |
plan and photos of that work. And of course, all of these Rd. repairs are not final until the county approves. OK. So those are | 00:24:22 | |
the things that would remain in our ordinance or be revised in the ordinance. | 00:24:29 | |
The next slide, this is all new and reason for the red bond at the top is because everything here is new. We've had policy perhaps | 00:24:37 | |
on how do we how we replace Culvers, but we but it's not found its way to any ordinance, OK. And the policy is unwritten, OK. So | 00:24:44 | |
over the years public works have done what what the public works director thinks he's right, OK. And and it's changed over time | 00:24:52 | |
and we want to make sure that this is in writing and that we have a way to answer questions about. | 00:24:59 | |
What does the county do with culverts? Now some counties do what's on this piece of paper, other counties do not do anything. The | 00:25:07 | |
culvert is at the cost at at the entire cost of that coverage on the property owner. OK. And so there's there's different ways of | 00:25:15 | |
doing this and it's board input will guide us as to which way we go. So the proposal is that. | 00:25:22 | |
That if somebody wants to install a new program. | 00:25:33 | |
And it's the owner that's that's making the request because if the county wants, if our, if our Rd. yards want to install a | 00:25:36 | |
culvert for and it benefits the road, we we don't need the owners. | 00:25:42 | |
Permission, because the right of way is ours will notify the owner, but we can take that action by ourselves. OK, But now if | 00:25:50 | |
somebody is requesting a call and it's and it's a new, it's a new covert. | 00:25:56 | |
We would, we would allow. | 00:26:05 | |
Folks through places as many as 2 covers per parcel. | 00:26:07 | |
And they would buy the covert and we would we would install it. | 00:26:12 | |
If they want more than two culverts and they need an engineering plan to show us why they need more than two and and the plan | 00:26:17 | |
needs to show us that the coach is going to work efficiently and not cost a problem for us. The maximum size of the cover would be | 00:26:24 | |
18 inches and the minimum distance would be approximately 30 feet and the ordinance will probably make it 30 feet and that 30 feet | 00:26:32 | |
is driven from the roadway design standard manual that does tell us what the dimension between. | 00:26:39 | |
But it uses a you have to, you have to use math based on the size of the culvert you're measuring to the median of of the two | 00:26:48 | |
culvers and it and it ranges between something like 30 and 20 feet. So we would pick, we will pick a dimension that says the | 00:26:55 | |
maximum distance between. | 00:27:01 | |
I'm sorry, the minimum distance between the callers will be X today. We're thinking it's going to be 30 feet on that orbit, | 00:27:09 | |
allowing our staff to clean out those forwards when they need to. And that's, that's the whole driver for that minimum distance. | 00:27:16 | |
To replace an existing covert on the county right away. So somebody calls in and says I want you to replace this cover and that | 00:27:25 | |
culvert meets the county dimension of 18 inches. Then we would replace it at no cost. It's which is we would consider that part of | 00:27:31 | |
main the maintenance for that work. Ditches and culverts are an essential part of a road. OK. And water is like I mentioned | 00:27:38 | |
before, water is roads worse than I mean. So we want the water off the road it being carried away. | 00:27:45 | |
And so there's an existing culvert that that meets the 18 inch requirement. We would replace ourselves. And if it's not, if it's a | 00:27:52 | |
smaller culvert, then we would go back to the property owner, say you have to buy the culvert, we'll install it as if it were new, | 00:27:58 | |
OK. | 00:28:03 | |
If on other public roads. | 00:28:10 | |
That the county does not maintain the property owner would be responsible for all the work. They would not be. We would, they | 00:28:14 | |
might, they may apply for a right away permit, but they would, we would tell them that what they need is a greedy and Greenwich | 00:28:22 | |
permit to to, to do that work, assuring us that he's not causing harm to other folks downstream and or upstream. | 00:28:29 | |
With the installation of that so for non county maintained growth it's entirely in the owners expense and would require a grading | 00:28:38 | |
and drainage permit. | 00:28:42 | |
So the next slide is new residential driveway tie insurance and. | 00:28:51 | |
If this is not necessarily today addressed in the right of way ordinance, but it is addressed in the local design standards | 00:28:58 | |
manual, OK and the low wage design standard manual, it's a very technical manual that guides folks on what to do for new road | 00:29:04 | |
construction. | 00:29:11 | |
And it includes driveway targets. And so we would incorporate that into the right of way ordinance. A right away permit would be | 00:29:18 | |
required. We would make sure that they're complying with the standards manual. | 00:29:26 | |
All driveway costs are funded by the property owner. So they're putting in a driveway and part of that driveway is in our right of | 00:29:37 | |
way, but but it's their driveway and all cost belongs to that, to that property owner. And either the work, this is again | 00:29:43 | |
residential, either the work is performed by a registered insured contractor or the property owner provides proof of insurance. | 00:29:50 | |
Property owner wants to do it, show us proof of insurance because we're liable for that road, OK. | 00:29:57 | |
And by the way, I'm talking about county right aways in this first section, OK, in the bottom section, I'll be talking about | 00:30:05 | |
everything else. | 00:30:09 | |
For a road that we maintained, we would have these requirements. A site plan and traffic control would be required. It's it's our | 00:30:14 | |
Rd. We have liability for it. Grading and drainage permit may be required. We've seen evidence of or examples of where people put | 00:30:20 | |
in a covert or a driveway and it causes some problems upstream and we want to make sure that there are no drainage issues. It may | 00:30:27 | |
include a covert installation if it does. | 00:30:34 | |
As part of this residential driveway tie in, the county would install that that particular cover. | 00:30:41 | |
OK. So then if it's not a county right away, if it's not a road to be maintained and it's one of those public right of ways that | 00:30:48 | |
we do not maintain, it would require a breathing and drainage permit, OK. It wouldn't require a right away permit. It does not | 00:30:56 | |
require compliance. The way we're thinking is that this does not require compliance with roadway design standards manual. | 00:31:04 | |
You know, we could, we could pick the option and say why not? Why aren't we requiring that of this residential driveway? | 00:31:13 | |
And some counties do, Maricopa County, for instance, does. Most counties don't OK, if you're not, if, if we don't maintain that | 00:31:23 | |
road, we want to be as far away from any liability with that road as possible. However, there is there's two sides to that. One of | 00:31:29 | |
them is one of these days they may apply for that rule to be maintained by the county. And so if that's the case, why didn't we | 00:31:35 | |
require the things that we would normally require for our roads? | 00:31:41 | |
And based on board of supervisor input and our our legal team, the County Attorney and other consultant, we will we may change | 00:31:49 | |
that over time, but. | 00:31:56 | |
Today, the way this is written, we would just require grading a drainage permit and the grading and drainage permit would probably | 00:32:03 | |
require traffic control as part of that permitting process. All driveway driveway tie in costs are funded by the property owner of | 00:32:10 | |
course and including the design, material and installation. | 00:32:16 | |
Any questions? | 00:32:24 | |
I'm good, thank you. | 00:32:29 | |
Something just came to my mind on the road we were discussing at East Verde Estates, Kings King King Rd. Kings Rd. So it's very | 00:32:31 | |
problematic Rd. drainage issues, all of that. So if we were to the county were to take the attitude of OK well these are citizens | 00:32:40 | |
of the county that have trouble. This is a non maintained Rd. by the county. What can we do to help? | 00:32:49 | |
It would, would that be the attitude that we would have? You know, let me show you what we can do. | 00:32:59 | |
This is how we can accomplish a better end result. | 00:33:06 | |
Versus just coming to a black and white decision of we're not going to accept that road, we're not going to do this or that. Do we | 00:33:11 | |
have a means where we can assist? | 00:33:17 | |
There's 8 or 10 property owners there that are struggling with some real serious roadway problems. | 00:33:24 | |
That's a that's a complicated issue. We are planning a work session, hopefully end of January. | 00:33:34 | |
To talk about roads, abandoning roads, accepting roads I. | 00:33:42 | |
And today we have, because there have been some. | 00:33:47 | |
Folks interested in asking the county to maintain that role. We, we have developed a little, a little template that says here's | 00:33:54 | |
the things that you should be satisfying and here's how this role ranks against those items. There's two or three things that that | 00:34:01 | |
really in my mind stands out. One of them is the traffic count. | 00:34:08 | |
How does that road compare with all the other 750 miles of non maintained county roads? | 00:34:16 | |
And the other one is drainage. Drainage is a major issue and it's a forever issue, doesn't go away. It's not like where we can we | 00:34:23 | |
can add gravel to the road. Drainage waters got to go somewhere and you need to know where that water is going to go when we | 00:34:28 | |
accept the road. | 00:34:32 | |
And those two things always need to be at the top. I think of our minds as we move forward the, the, the January work session, | 00:34:38 | |
we'll start with, we've been receiving because you've heard this before, $9 million a year to maintain growth in 2007, something | 00:34:44 | |
like that. Forget that. And and that money has not increased over time and there's little expectation for us to expect that to | 00:34:50 | |
increase. And so if there is an upper limit to what we can maintain, then we we need to consider that in, in that formula of | 00:34:56 | |
making. | 00:35:02 | |
Official which votes to accept. Now, there may be roads that we shouldn't be maintaining and interesting, it's interesting that | 00:35:08 | |
the Forest Service has mentioned a couple of them to us and we're going to work with them and, and and with the board as to | 00:35:14 | |
whether or not we should continue to maintain those roads. But that's that's something that we should be looking at and that's all | 00:35:20 | |
part of a much longer discussion. | 00:35:26 | |
In a future work session to to talk about roads because I think we need to have that discussion again, that's been left very much | 00:35:33 | |
to our director of public works to make all those decisions and it changes with with with the director. | 00:35:40 | |
And we should have guidance on that, that we follow as we move forward. If the the only strict part about that is we can, we don't | 00:35:47 | |
maintain a road unless the board approves for us to maintain that road that that policy has always been followed. | 00:35:54 | |
I didn't answer your question, I don't think. But well, no, it's, it's not a very clear question. Obviously the So let's say | 00:36:01 | |
there's 8 owners on there. They all signed a petition. We want this fixed. And so as a particular owner, so let's say I own one | 00:36:08 | |
piece of that and say, well, I want to put some money toward this. It's a private kind of a private road. The county doesn't | 00:36:15 | |
accept it, but it's a paper road and so. | 00:36:21 | |
But no one else wants to put money toward it. So nothing ever happens. Nothing ever gets done because no one can all get together | 00:36:28 | |
at one time to do it so. | 00:36:33 | |
My concern from the position I have would be, well, how can we best serve the public in this way? And so that was my question. Is | 00:36:39 | |
there any means to help them facilitate a cooperation with each other to get that? That's a, that's a nasty Rd. I went up on it a | 00:36:47 | |
few days ago and it's bad and it's like a driveway. So King, Kings Rd. that's the name of the world, right? | 00:36:56 | |
We actually met with those folks. I think we met with them three times and one, one time with most of the folks that lived on the | 00:37:06 | |
road and the other times with just the individual person. | 00:37:10 | |
And, and we did coach him on what we expected for them to do with drainage, OK. And I was joined by, by by the road yard folks, by | 00:37:15 | |
the surveyors, by flood control in, in those visits. And we, we kind of have laid out for them what we think. | 00:37:25 | |
Should be done the ability of one owner to convince seven other people. That remains to be seen. I I'd be willing to host a | 00:37:35 | |
meeting with them with, with the group and, and try to guide the discussion a little bit. But it's, it's, it's a difficult thing. | 00:37:42 | |
They all need to agree and they all need to allow water to flow where it needs to flow. And, and sometimes we can't find that | 00:37:48 | |
ready solution. | 00:37:55 | |
Sometimes we can't fix that. | 00:38:03 | |
I've been to other places. I think it's Round Valley, where we have laid out what the requirements were to bring those roads in to | 00:38:05 | |
maintenance. Those are much different kind of roads in much better shape. They're actually maintained by the group right now. | 00:38:12 | |
And it has ample Eastman drainage. We we told them what we wanted for drainage and they're willing to do it. And they haven't come | 00:38:21 | |
back to the table because the whole community isn't in agreement to do that yet. Some people don't want the road to be maintained | 00:38:26 | |
by the county. | 00:38:31 | |
OK, and so they need to resolve that under all. | 00:38:38 | |
OK. Thank you. | 00:38:43 | |
Thank you. | 00:38:46 | |
Again, on this commercial property right away culverts that blue is meant to show things that we that are in the ordinance that we | 00:38:48 | |
can do today. And if you're a commercial property and you want a driveway, a culvert or a driveway tie in either or both on a | 00:38:56 | |
county right away on a road that we maintain, then you would need a right away permit. You'd have to comply with our manual. | 00:39:04 | |
You would need a grading. A grading and drainage permit may be required. | 00:39:14 | |
Work to be performed by a registered contractor and the corporate and driveway and the driveway tie in installation is funded by | 00:39:17 | |
that property owner. This is very much what we did with The Perrys, by the way, when The Perrys came to us and they said we want | 00:39:25 | |
this driveway, we asked them to do these things. We actually asked them to do a traffic study as well. | 00:39:32 | |
And they did that to show us that it was in the right place and would be a safe driveway. But so these would be. | 00:39:41 | |
In my mind they're already required. They should be the standard requirements for a commercial driveway tie in and a covert all | 00:39:51 | |
other right of ways that are not maintained by the county for commercial properties. It would revert back to a breathing and | 00:39:56 | |
drainage permit. Would not have to meet the manual. | 00:40:02 | |
And all costs are still with the property owners. | 00:40:10 | |
We're almost there. I think we're slide 15 out of 17. | 00:40:18 | |
And these last couple of slides are? | 00:40:23 | |
Are important. | 00:40:29 | |
So the current ordinance addresses breaches to a permit. The ordinance that we have today says if you got a permit, we can and you | 00:40:31 | |
don't comply, we can revoke that permit. | 00:40:37 | |
And if we revoke the permit and we have to do something on the road, we're going to bring those costs back to you. | 00:40:43 | |
You're gonna have to pay for reasonable cost for us to restore the road. | 00:40:49 | |
It does not address. | 00:40:55 | |
Working without a permit. It does not talk about working without a permit. | 00:40:58 | |
And it does not have a sense of urgency when dealing with a violation of a right of way permit. So the way I think of a right of | 00:41:04 | |
way permit, if, especially if it's one of our right of ways and we're liable for that road and somebody ***** a ditch right next | 00:41:10 | |
to the road. This is not like a complaint from somebody who says my neighbor hasn't cut his weeds. This is about that. At any | 00:41:17 | |
moment somebody can fall in that trench and the county gets through. | 00:41:23 | |
OK. And so that in my opinion there's there should be a sense of urgency about that. So what do we do? | 00:41:31 | |
Whether you get that, especially if you did that without a permit and we need to do something. So with that in mind. | 00:41:37 | |
There's two there's two things that can happen on a failure to obtain a right away permit. | 00:41:47 | |
The work is ongoing. You're doing the work just like we saw in that picture. We found out on a Friday that somebody's doing the | 00:41:55 | |
work. What do we do? Well, we use common sense. Steve Williams and I worked on that and Steve went out there and put some blinking | 00:42:00 | |
lights and. | 00:42:05 | |
And tape and other things. So just make sure that we at least offered the public some some notice that that trench was there OK. | 00:42:11 | |
And so in this particular case it we would issue a seasoned assist letter. The work is ongoing. We would issue a cease and desist | 00:42:20 | |
letter and we would require permit compliance in three days for them to come into the office and and and and and. | 00:42:28 | |
Comply with the permit that the right of way permit fee would double for for all requirements of of that right away permit. | 00:42:37 | |
If permit later on, if it's if work, whatever work has been done that we can't see, we would require pothole and we want to know | 00:42:45 | |
that it's something is very 3 foot deep and where it's located. OK, So potholing at the expense of the violator and road repairs | 00:42:53 | |
would have to be undertaken and they would not be completed or approved by the county. If it's a traffic hazard like that road | 00:43:00 | |
was, the county will take immediate, immediate action and charge back. There's no need. | 00:43:08 | |
About it, take immediate action, make the road safe and they're going to pay for it, for our time, for the traffic control | 00:43:15 | |
devices, whatever, whatever we use. If the permit compliance is not complete in three days, if they have not come in to do | 00:43:22 | |
something, then we'll take another look at the situation and take whatever necessary action we think is appropriate to make the | 00:43:28 | |
road safe for the long term. | 00:43:35 | |
Not just for the weekend. Then we would be looking at. We want to make this road safe for the long term. This person is not | 00:43:42 | |
responding. | 00:43:45 | |
And it's our, it's a public, it's a, it's a public road. And we want to make it safe. And we would charge them back for any work | 00:43:49 | |
that we do. | 00:43:53 | |
If the permit compliance is not obtained in seven days, then and it's a property owner, not a, not a utility, it's a property | 00:43:58 | |
owner. We would schedule a hearing with a hearing officer and we would give them five days notice and bring them in front of the | 00:44:05 | |
hearing officer, OK. If it's a utility company, we would schedule a board meeting to take action to terminate the franchise for | 00:44:13 | |
the license that may have been issued. And of course they would still be responsible for the cost that we incur. | 00:44:20 | |
For the restoration of the road. | 00:44:28 | |
We were filed with Superior Court to collect reimbursement for work performed by the county. And again we would be seeking County | 00:44:32 | |
Attorney, County Attorney does have an opinion on that and we need to blend that in with what we do. What do we do afterwards to | 00:44:39 | |
collect that money because the situation is different than we go cut somebody's weeds down. We put a lien on the property, but we | 00:44:46 | |
can't put a lien on a public right of way. It basically belongs to us. So we'd be putting a lien on ourselves. So if somebody. | 00:44:54 | |
In our public right of way, we need to figure out how do we go back and make sure that we get reimbursement because the lack of | 00:45:01 | |
getting reimbursement results in people working on right of ways on a weekend. | 00:45:06 | |
And we need to be meaningful in how we go about making sure that people know if they're going to violate the right of way | 00:45:14 | |
ordinance, they're they're surprised to pay. | 00:45:19 | |
And for the hearing officer, for the property owners, we would be changing right away ordinance to talk about the typical fee per | 00:45:26 | |
day and the typical fee per day that's used by the hearing officer is $700.00 a day. And I think you also find that in the state | 00:45:33 | |
statutes. So those are things that we were thinking about incorporating into the ordinance. | 00:45:41 | |
For failing to get a permit, OK. | 00:45:50 | |
Next slide is I wanted to talk a little bit about Rd. design. | 00:45:57 | |
So they have a mini Ave. meaningful discussion on on encroachments. We need to look at that that the Gila County Roadway Design | 00:46:01 | |
Standard manual does not have a design for a gravel Rd. | 00:46:07 | |
What you see here in the with the green font that is for a pav row and I went through that manual and I found the the road with | 00:46:15 | |
the least right of way with and it's a it's a low volume Rd. | 00:46:22 | |
That has traffic of 25 mph and the minimum right away width is 50 feet OK. | 00:46:31 | |
And what what I'm showing on this slide is a gravel Rd. that measures 40 foot wide. | 00:46:40 | |
And you see two vehicles, they're approximately sized in scale to this role the pickup trucks have nowadays. Some of them get | 00:46:46 | |
close to being 7 foot wide. So the ditch is 2 to one slope, 1 foot deep. It's a very shallow, small ditch. Basically there is an | 00:46:55 | |
area outside of the ditch for utilities placement. | 00:47:03 | |
And when you Add all these components up, it's 40 feet. There is no shoulder on this road, by the way. | 00:47:12 | |
It's just a travel way 11 feet normally there's some footage shoulder on most roles, so this would be a minimum #40 feet. If you | 00:47:19 | |
look at other counties like Navajo County or gravel, the smallest gravel right away with is 54 and 54 is pretty common. So it | 00:47:27 | |
allows for utilities to be placed outside of the ditch. Otherwise you're putting the water meter in the ditch if it's something | 00:47:34 | |
like 24 foot wide. So the next slide shows us a rope that's. | 00:47:41 | |
Would like and in this particular rule you can see that. | 00:47:49 | |
If you park, if you park just one vehicle, and if you even if you park it in the ditch, you're really obstructing flow. | 00:47:55 | |
Traffic flow for something as 24 foot wide and I just wanted to show that that visualization so that we can talk about obstruction | 00:48:03 | |
on public right of ways. | 00:48:10 | |
And the reason we want to talk about this is we do get numerous complaints about people parking on the roads. And what we do is we | 00:48:18 | |
struggle with that every time and try to each time we try to invent what do we do in this particular case? What have we done in | 00:48:25 | |
the past? And and we don't necessarily have a policy or a ordinance that directs us in what what we should be doing. And I am | 00:48:32 | |
looking for that prescriptive process because not having that is. | 00:48:40 | |
County attorney's time and we take up a lot of staff time to try to figure out what we do. And often times we end up doing, I'm | 00:48:48 | |
going to say nothing. We're not acting quick enough. And so I'm looking for how do we if we're going to say no and let's have the | 00:48:55 | |
no ready to go so that we can tell them no, we're not doing anything. And, and, and we didn't and we don't waste the energies and | 00:49:03 | |
the time. If the expectation is that we do something, then what is that something? OK. | 00:49:10 | |
And So what is that something is on this particular slide. If it's a county right away and the road belongs to the public and the | 00:49:18 | |
county maintains it and there's an obstruction, obstruction defined by meaning you can't travel on this hill something like the | 00:49:25 | |
gate or similar to a date and obstruction then we remove upon discovery other words, it's it's a road. We maintain the public | 00:49:33 | |
expect to travel on that road. You put something and you're not allowing traffic. | 00:49:40 | |
Through Rd. yard. Go remove that. | 00:49:48 | |
It should be that simple. OK, if it's an encroachment where you're impeding the flow of travel and you can't meet the speed and | 00:49:51 | |
you no longer can travel two way traffic at the allowable speed limit. Oftentimes when I think of that, I think of a minimum turns | 00:50:00 | |
of 20 feet. And by the way, this was brought up at one of your town hall meetings, Supervisor Christensen where the. | 00:50:08 | |
Fire departments get up and say we need 20 foot of width on a road to to to be able to respond. | 00:50:17 | |
So I'm using that as being a minimum clearance that's required. Anything less than that is an encroachment. OK, So we give them 15 | 00:50:23 | |
days. If it's an encroachment and it still allows traffic at least one way, 15 day notice is given to the property owner or, or or | 00:50:30 | |
is placed on the encroachment. If we don't know who the property owner is and it's a trailer without a license plate, we put it on | 00:50:38 | |
the trailer. OK. And this, by the way, follows the state statue. | 00:50:45 | |
In in the section on transportation that has to do with state highways, but also allows. | 00:50:53 | |
The subdivisions of the state, like the county to utilize this, the encroachment would be removed and a person responsible. After | 00:50:58 | |
the 15 days, the enforcement would be removed and the person responsible for the enforcement would pay for that cost. | 00:51:04 | |
Now, if it's some equipment that doesn't, we can't identify the owner, we may be picking it up and never get paid for it. OK. But | 00:51:11 | |
if it's a, it's a licensed vehicle or a vehicle that, that's sitting there, we, we may or may not get paid for, but so we, we say, | 00:51:19 | |
well, are we worried about people paying for us eventually? Or are we worried about making this rope passable? And, and, and so we | 00:51:26 | |
need to, we need to answer that question as we move forward and we will file with Superior Court to collect. | 00:51:33 | |
And again, County Attorney would like for us to find a different way than to that to go through Superior Court. And I put that | 00:51:41 | |
down because it was in the state statue allowing subdivisions of the state to behave like this. But this is still subject to legal | 00:51:47 | |
review. And again, we're going to take the input from the board, finish writing that ordinance and and get it into the County | 00:51:53 | |
Attorney for their review. | 00:51:59 | |
So that's where county right of ways, other public roaches and obstruction or encroachment. | 00:52:06 | |
We can do the same thing that we have up here, or we can simply tell them, hey, that's an issue that you need to take up. | 00:52:12 | |
The property, whoever has that property, we don't maintain that role. | 00:52:18 | |
And again, we've used that in the past for the county. I think the sheriff may have used that. If it's not a county maintained Rd. | 00:52:23 | |
we can't do anything. | 00:52:27 | |
And, and if that's, and if that's our position, I would be, I'm OK with the positions that we take, but I just want them to be in | 00:52:33 | |
writing. And again, it's because I don't, I don't want to treat one person one way because I'm the director today, another | 00:52:39 | |
director comes in tomorrow. We treat another person differently. There should be guidance on what do we do for roads that are not | 00:52:44 | |
maintained by the county. | 00:52:49 | |
And somebody parks on it. So then the last item is I want to talk about no parking. | 00:52:55 | |
We could. The board could decide it's OK for us to include it in the ordinance or to have a separate resolution that says no | 00:53:05 | |
overnight parking on any public roads that have widths of 20 feet or less. | 00:53:10 | |
You park there, you're obstructing that first responder. | 00:53:16 | |
So park, park on your property, OK, That's an option. The other one is, and I'm referring to the road on on Pine that I showed you | 00:53:20 | |
the picture. I think it's Allison Rd. the community members and you saw the cars parked on both sides. It's 35 foot wide. It's a | 00:53:28 | |
public Rd. There's no reason why traffic should be obstructed. Community members may come to the board and request no parking on a | 00:53:35 | |
specific Rd. segment, OK. | 00:53:43 | |
And it would require a number of property owners to petition. The board could be something like 50% for property owners that are | 00:53:51 | |
abutting on the road. It would require a public meeting and a report from the county engineer. And then based on that, the board | 00:53:57 | |
could take action. Let's say we're going to post at no parking and a resolution that gives the sheriff the authority to haul those | 00:54:04 | |
vehicles away based on that designation. | 00:54:10 | |
And and those are some ideas that we think are worth for us to consider. | 00:54:18 | |
And that's it for my flight. I'm ready to get to have whatever discussion we need to have at this time. | 00:54:22 | |
OK. First of all, I would like to thank you very much and all the staff and departments that have put time and energy into your | 00:54:33 | |
presentation today because the amount of time and hours and and thought and communication. | 00:54:41 | |
Between the departments, from engineering to the road department, to all the people that work on this, you know, putting this | 00:54:49 | |
together to even bring to us, I appreciate the effort because we do have issues. And up until now, it's like everybody just shrugs | 00:54:57 | |
their shoulder, looks at engineering, shrugs your shoulder, looks at the road department, shrugs your shoulder, call the so say, | 00:55:04 | |
hey, is there anything we can do? And so, you know, putting time, energy and effort. | 00:55:12 | |
And to this, I think is it a can of worms? Yes, it is. But is it one that's never been looked at that you are taking bringing to | 00:55:19 | |
us with the opportunity to look at it? I appreciate it very much. | 00:55:26 | |
And so, you know, talking about code enforcement, I, I, I think that's great, you know, because we started it for, for blight and | 00:55:34 | |
I appreciate staff working very hard. You know, when I first came on board for blight, our hearing officer and our code | 00:55:41 | |
enforcement officer were both paid county employees. So if we put a penalty on somebody, we couldn't do anything about it. And so | 00:55:48 | |
then it, you know, then. | 00:55:55 | |
Planning and zoning is using it for, you know, health like raw sewage and building without a permit. And so it's great to see that | 00:56:03 | |
perhaps maybe you, the road department and these right aways and some things can also get some use out of the code enforcement and | 00:56:11 | |
the fact that we can write people citations and turn them over to a collection agency. | 00:56:20 | |
To, to be able to write some of these wrongs instead of just shrug your shoulders. Because if, if, if there's not any penalties | 00:56:29 | |
and I and, and I don't mean everybody needs to be penalized in the. | 00:56:34 | |
Different cases, but, but if you, if you tell somebody they got to move their car or else and there's nowhere else, then they're | 00:56:40 | |
going to park four more cars there and and give you the peace sign because there's nothing we can do so. | 00:56:47 | |
I think it's great that you're opening this and giving us the opportunity to move forward on a lot of these. And, and you know, | 00:56:56 | |
like you say, you put a lot of time, energy and effort and, and I'm behind you 100% and how you deal with it. Like no overnight | 00:57:02 | |
parking, okay. You know, I mean, that's, that could be something or just an hour, you know, on a 20 foot Rd. you can only park | 00:57:09 | |
there for six hours. | 00:57:15 | |
Because you know what if they work at night, so they park there. | 00:57:23 | |
All day they're still obstructing our emergency vehicles, but if they're there for a birthday party, you know, we're not | 00:57:27 | |
penalizing. They can, they can be there for six hours, so. | 00:57:32 | |
And and working on, you know, trying to work with some of these people on on so-called paper roads. | 00:57:38 | |
We've got a lot of issues with that because there was an ordinance in the beginning and like Quail Ridge in, in my area, we've got | 00:57:46 | |
a utility going up that so-called Rd. that's exposed because nothing, no maintenance is being done on that. | 00:57:54 | |
Because everybody owns a piece of the road and they're all fighting and it ends up in lawsuits. And, and I, I even quit wondering | 00:58:04 | |
what lawsuits going on now. I used to try to fix it. And it's like some of these lawsuits have got to get over with before we can | 00:58:10 | |
come to any agreement. And you know, the county had. | 00:58:16 | |
Worked with the utility company to work with them and they were going to furnish the material and we're going to do the labor to | 00:58:24 | |
kind of surface this and get some utilities covered. Well, you know, then with the people in lawsuits there, we, we never could | 00:58:31 | |
obtain all the easements, which is a, you know, a difficult deal. So on deals like that, if the property owners have a have agreed | 00:58:38 | |
at some point in time to have a road on their property. | 00:58:45 | |
Through legal is there any, is there any teeth in in that We could, you know, like a supervisor Christian has the issue where | 00:58:54 | |
we're not everybody could agree well if they agreed to have a road, is there not something legal that hey, you know, if if you own | 00:59:01 | |
half of that road, well then 10 feet of it you have already said it can be a road. So you can't just say no, I don't want anything | 00:59:08 | |
done there because you you know so as we look into this further, is there legally something. | 00:59:16 | |
That there's a road there and and somebody gave permission for easement for that road to be there. So is there some legal way that | 00:59:23 | |
we could make them liable for their original agreement to allow their neighbors to get to their property and now they're saying | 00:59:30 | |
no, but anyway. | 00:59:37 | |
I, I thank you very much. I, I agree with a lot of it. And like I said, I didn't disagree with any of it. And I appreciate you | 00:59:45 | |
looking at it and, and putting that time and energy and effort because you, you were the, you know, the departments that have put | 00:59:50 | |
time and energy in this. | 00:59:56 | |
Are the ones that deal with this every day on on where people are working and how they're working and not obtaining permits and | 01:00:02 | |
so. | 01:00:07 | |
I'm I'm very much in favor of expanding our code enforcement, even if we have to expand our expense of a second code enforcement | 01:00:13 | |
officer to handle some of the things that we need to deal with and heal account so. | 01:00:22 | |
Thank you very much. Thank you, Supervisor Christian, I think I'm finished. Thank you. | 01:00:33 | |
Romero, I'll extend my thanks to you as well and the staff involved with this. | 01:00:42 | |
What my impression is that there's just a few changes to the existing ordinance, and I would agree with all of the suggested | 01:00:49 | |
changes and additions. I do believe that we should have in place on your page #6 about those that do not have a franchise to give | 01:00:58 | |
them. It's kind of a one off thing. They need to do some digging. They need to put something in. | 01:01:07 | |
They don't need to wait four months to do that to get through process. | 01:01:17 | |
So I mean, if they're going to want to be there for years to come, then they need to have a franchise. But. | 01:01:23 | |
They just need to do one thing. It's OK. Umm. | 01:01:28 | |
My first impression on this photo you have of Ellison Drive and quite a number of the roads you're Speaking of do exist in the | 01:01:33 | |
Pine and Strawberry Control Rd. area. These are older communities developed back in the 50s or so, and there's been sort of this. | 01:01:44 | |
Understood, Norm that we're going to park here, we're going to store something here. We're going to and the photo you show here, | 01:01:57 | |
there's it's more than parking, it's storage. There's people putting their trailers there and if they're turning it into their | 01:02:02 | |
property. | 01:02:07 | |
So they're not going to be happy to be told to move that. However, it is a public safety concern. If a fire truck can't get down | 01:02:15 | |
that road or turn back around or do anything, it is not their property. | 01:02:22 | |
So we need to do and I realize this is a transition, but it's time I think for Healer County and these areas to. | 01:02:30 | |
To grow up, in a sense, we are maturing as a county and this is not 60 years ago when you could do just whatever you wanted and no | 01:02:42 | |
one really cared or noticed. Now we have much more congestion and public safety and easement and utilities. They need to be able | 01:02:51 | |
to move and get into these places. So I agree with the changes you're making. | 01:02:59 | |
I realize there's probably going to be a challenge to enforce. | 01:03:07 | |
However, we do need to have the. | 01:03:13 | |
We need to have it in place. We need to make these appropriate changes. I agree with that and I do thank you for that. | 01:03:16 | |
Thank you. | 01:03:23 | |
So is that the end of your presentation? | 01:03:25 | |
We're done. OK, thank you for your input. Any more comments on that one? | 01:03:29 | |
OK. All right. Thank you, Romero. And as time goes on, if you do have comments, make sure you. | 01:03:35 | |
Sure. OK. Thank you. All right, so we'll move on then to Item 2B. And this is information discussion regarding proposed changes to | 01:03:41 | |
the Healer County Minor Land Division ordinance. Good morning, Randy. Morning, supervisors. By the way, I have 5 flights, so I met | 01:03:49 | |
Homer's requirements. Clearly, you get the Gold Star. | 01:03:57 | |
So by the way, it's the same staff that they talked about Scott and Sam and and Alex and Homer and me and stuff and working on | 01:04:06 | |
this too. So I want to give staff some kudos too. | 01:04:13 | |
So the ordinance that we're talking about was adopted in 1989. It was last changed, had a minor change in 2006. | 01:04:21 | |
So there's a state statue that goes along with minor land divisions that is 11831. Minor land divisions are land that are split | 01:04:32 | |
into 5 parcels or fewer and are less than 10 acres. | 01:04:39 | |
We have a lot of people that split and then re split and then re split and then re split. | 01:04:49 | |
You're only allowed to do it 5 splits, then you sell it, and then if someone else splits it and there's enough land there, they | 01:04:56 | |
can do that. But you're not supposed to be doing that in any way to try to get around the subdivision requirements, which is over | 01:05:03 | |
5 lots. And again, we have nothing to do with that. That is all through the Department of Real Estate. | 01:05:11 | |
We have no control or no say over that, so I just wanted to bring that up. | 01:05:19 | |
We also, it says the state statute the county may not deny approval of any land division that meets the requirements of this | 01:05:25 | |
section. So this is not up to us to just say we don't like it, we can't do with it if they meet the requirements we are not | 01:05:30 | |
allowed to deny. | 01:05:36 | |
And those requirements are partial meets minimum aptical zoning requirements. Now the question is, does that apply to Young? And | 01:05:43 | |
Young would not be denied because they don't meet zoning ordinance because there are no zoning ordinances there. Well, there are | 01:05:51 | |
some, but overall Young does not have zoning. So this would not be denied for not meeting the zoning. | 01:05:59 | |
The applicants provide a preliminary title report or acceptable document that demonstrates legal access to parcels. | 01:06:09 | |
Appkin provides a statement from a licensed surveyor or engineer or other evidence acceptable to the county that each partial has | 01:06:18 | |
a physical access that is transversible by a 2 wheel drive passenger vehicle. If you will get into this a little bit, but | 01:06:24 | |
basically. | 01:06:31 | |
The Fiscal Asset access is statement on the survey that says you can get there by a car. | 01:06:38 | |
The legal, I mean, sorry, yeah, that's not legal address or access is we're wanting to make a change that it requires a 24 foot | 01:06:46 | |
Rd. and Homer just went through that and explained why we would want that. | 01:06:52 | |
The applicant reserves reserves the necessary and appropriate utility easements to serve each parcel created by a minor land | 01:07:01 | |
division. | 01:07:05 | |
It's an absolute acknowledges that it is unlawful to attempt to avoid the subdivision laws by acting in concert to divide parcels | 01:07:11 | |
of land into six or more parcels. | 01:07:16 | |
So currently we're doing most of the stuff, some of the stuff that's in our ordinance we have not enforced. We have a couple of | 01:07:26 | |
things we want to add to help enforce this as we move forward. | 01:07:33 | |
So a record of survey for a minor land division drawn by a lands surveyor, meaning all Arizona Boundary Service survey minimum | 01:07:40 | |
requirements and showing existing proposed boundaries access utility easements. What currently happens now is when a surveyor | 01:07:49 | |
draws up a minor land division, they submit that to Scott, Warren or Sam and they do the math and they make sure those lines. | 01:07:58 | |
Closed and meet the requirements. | 01:08:08 | |
Once Scott does that, he also looks over the overall form of it. He shifts it to me and I review and make sure it's cleaning, | 01:08:11 | |
zoning, We have access, we have all the stuff required. Nothing's too close to the property lines, nothing's going over the | 01:08:16 | |
property lines and so on. | 01:08:22 | |
Name and address is Vol Properties, our parties of interest to the Land Division. | 01:08:29 | |
Deception of access Our description of access to the parcel proposed to be divided and manner access is granted within the | 01:08:37 | |
statement from the register for Surveyor stating whether each parcel has fiscal address and that is transferable by A2 wheeled | 01:08:43 | |
vehicle. | 01:08:49 | |
Current zoning of the parcels and areas and dimension of all the parcels, that's what we're doing now. | 01:08:58 | |
Now the state statute addresses. | 01:09:05 | |
Some of the. | 01:09:11 | |
Lot line adjustments, but we don't in our ordinance. Our ordinance was dealing with minor land divisions and not lot line | 01:09:14 | |
adjustments. So we're going to add lot line adjustments in there because that's a pretty common thing that happens a lot here is | 01:09:22 | |
people and subtract and it usually takes two or more parcels to do a minor to do a lot line adjustment. | 01:09:29 | |
The same thing while I adjustment has to be drawn by a surveyor meeting all the Arizona boundary minimum standard and showing | 01:09:38 | |
existing imposed boundaries of the access as required name and address for both parties of interest to the lot line adjustment, | 01:09:45 | |
current zoning the parcels and areas of dimension for all parcels. | 01:09:52 | |
The next page which is our. | 01:10:02 | |
This kind of highlights everything. I will tell you that if you look at number two there, we wrote write existing improvement | 01:10:06 | |
structures. We currently have some of that in our ordinance, but it hasn't always been enforced. The one thing I want to make sure | 01:10:14 | |
we talk about is showing the setbacks if you look at the end of the second line there. | 01:10:22 | |
What happens is they'll show me a structure on the building, but won't tell me how far it is. | 01:10:30 | |
So for zoning, you have to have minimum step back if you ask 20 feet from the front and the rear and seven and seven from the side | 01:10:36 | |
or 7:00 and 9:00. So we're just getting to clarify that. | 01:10:42 | |
So there's no misunderstanding that also helps the people buying the property. | 01:10:49 | |
They know what they're getting into. If they see something that doesn't meet the zoning requirements, they can deal with that. | 01:10:55 | |
One of the things that third line there that we're wanting to start having the surveyors put on the survey is the FEMA flood | 01:11:04 | |
zones. | 01:11:09 | |
Um, as you know, that's a big target that's, that's changing and, and people are buying parcels and don't know that they're in the | 01:11:15 | |
flood. They don't even know how to look that they're in the flood. They don't know that they can go to FEMA and pull up their | 01:11:22 | |
parcel and or would turn a minor land division. They don't even have a partial number yet, so they can't see if it's going through | 01:11:30 | |
there. So as part of the process that we're wanting to make the changes to. | 01:11:37 | |
As we want to show FEMA on there, one of the things we've talked about are in staff has talked about it in the moving forward is | 01:11:44 | |
wanting to add the topos on to. | 01:11:53 | |
Minor land divisions and lot line adjustments, but state statue says we cannot require them to do a independent. | 01:12:02 | |
Study of that, but currently the county is looking at doing that across the county and when that comes into play, we want to come | 01:12:11 | |
back to you and, and we would provide that information to them to the surveyors, but they would put it on the minor land division. | 01:12:18 | |
And one of the reasons that we came up with is make sure they have a building envelope right? That they they bought this this | 01:12:24 | |
parcel and it may not have the proper. | 01:12:31 | |
Building envelope because it's in the flood. | 01:12:38 | |
Or that's on the slopes. You know, there's a lot of things that can come into play and we want to address that. | 01:12:41 | |
It there will be an added expense here, the surveyors, I'm I'm sure going to charge a little bit more to put this information on | 01:12:47 | |
there. But again, this is helping the person buying the parcel and it's helping the person selling it that they don't come into | 01:12:53 | |
liability either that hey, you sold the parcel. It doesn't even have a building envelope on there for a structure to go on. So | 01:12:59 | |
we're looking at that. | 01:13:05 | |
We have there's an acknowledgment, so if they don't meet these requirements that we've talked about, they can still record their | 01:13:16 | |
easement. They have put acknowledgement on there that this parcel will not get a building permit or youth permit and moving | 01:13:23 | |
forward until it comes into compliance. So we're not stopping them from recording it. We're not getting in their way that they | 01:13:31 | |
think sometimes, but they have to put that statement on there and then the recorders will. | 01:13:38 | |
And it'll be there. And that way anyone coming and purchasing that property will see that there's no building permits or use | 01:13:46 | |
permits that's going to be issued until they bring that into compliance and show all those requirements, those five requirements | 01:13:51 | |
that were on there to get approved. | 01:13:56 | |
If you'll notice up there on the upper right hand corner, I didn't mention the reason we have the lot LA highlighted in red is | 01:14:04 | |
because our current ordinance doesn't address this. We do it, we have been doing it, but we're adding that into the ordinance | 01:14:10 | |
here. So I just wanted to clarify that. | 01:14:16 | |
Lot line adjustments are approved once we end minor land divisions once we get all the information we need. Currently we have 30 | 01:14:25 | |
days I state statue and by our ordinance that from when the time the surveyors get it to us we have 30 days to. | 01:14:34 | |
View all that information and either send it back to them. Like if Scott saw that the math wasn't right, he would send it back to | 01:14:45 | |
the surveyors. They would address that, resubmit to us. | 01:14:51 | |
I then look at this, I said at the zoning and I will tell you we have even taken our staff once it comes to us and I approve it, | 01:14:58 | |
we've sent a notice to the surveyor, bring your Mylar in. I signed the Mylar staff even takes that back down to the recorder to | 01:15:07 | |
get recorded for the surveyors. So I mean we're, we're doing everything we can to help this process. | 01:15:15 | |
And as you know, especially Supervisor Humphrey. | 01:15:24 | |
Is is splitting daily? | 01:15:28 | |
And there have been complaints. | 01:15:33 | |
About some of that, again we have no say over that. That is Department of Realty. But the stuff that does come to us, we want to | 01:15:37 | |
make sure is is correct and as as as properly documented as possible. | 01:15:44 | |
One of the good things that we're doing is at the bottom there is you'll see recorder survey. So this is basically you own the | 01:15:53 | |
piece of property, you've had a piece of property and you just want to verify where your boundaries are. So you you paying, you | 01:16:00 | |
have a record survey done. Currently they submit that to Scott again, he does that math. Then it comes to me and I still look for | 01:16:06 | |
all the same stuff, but that's not a requirement. So we're taking that. | 01:16:13 | |
Record of survey by itself not a minor land and not a lot of line adjustment. Just a record survey. | 01:16:21 | |
Find the foundry that they don't have to go through us anymore. They can just take that down to a recorder and record it. | 01:16:26 | |
That way it just opens it up to them. They're not weighing in because I will tell you as it comes to me, I look for my, you know, | 01:16:34 | |
buildings and if I have a building going across a lot line record a survey. I'm not going to sign that. And in in words of the | 01:16:41 | |
county is saying I'm giving away someone else's property. So now I will agree that a record survey is just showing the boundaries. | 01:16:47 | |
The surveyors not doing anything special. It's just showing. | 01:16:54 | |
The boundaries for that parcel, but we still don't want to be signing it as the county approving that when it there may be some | 01:17:02 | |
issues there. | 01:17:05 | |
Um. | 01:17:10 | |
The Scott would still do courtesy reviews if they wanted on the on the Roses or any of those things. Cut and Public Works has been | 01:17:15 | |
very gracious and doing courtesy reviews for them to see if they can. | 01:17:23 | |
Address any of the issues that someone might have missed. That also makes it better for the county. We get a better map or a | 01:17:33 | |
better survey in our system and it's it's pretty. | 01:17:39 | |
Good thing overall. So the surveyors get a second set of eyes on it and the county gets better surveys. | 01:17:49 | |
Next slide. | 01:17:57 | |
One of the things on the bottom there is because we don't currently have a fee for landline adjustments because it's not in our | 01:18:00 | |
our ordinance. We wanted to add that fee for the work that gets done, but none of the minor land divisions fees would be changing. | 01:18:06 | |
This would only be for the lot line. | 01:18:12 | |
And with that, I'm open for any questions. I went through that pretty quick, but I. | 01:18:19 | |
The ordinance is fairly old and we're just trying to update it just to hear to what the counties growing pains are that we have. | 01:18:26 | |
Thank you, Randy. Supervisor Humphrey. | 01:18:38 | |
Yeah, again, again, thank you, Randy, because. | 01:18:41 | |
You know, I've said the whole time, we're only as good as our ordinances. Some of our ordinances were written. | 01:18:46 | |
A long time ago and they just don't fit in the world we live in today. And as painstaking as it is to change ordinances, I | 01:18:51 | |
appreciate staff willing to work on changing ordinances so that everybody understands what we're doing and, and one department's | 01:18:59 | |
not questioning another or they get an answer from somebody which changes if they ask another department. So, so by having these | 01:19:06 | |
ordinances for everybody to read, I think it's a great thing. | 01:19:14 | |
Because with our state growing as it is, Hilah County is going to grow. And, and I think trying to get ahead of some of the curb | 01:19:22 | |
to help protect people from investors and from themselves and, and what they think they want to do with the property they just | 01:19:28 | |
bought, that the people they bought from knew they couldn't do anything and that's why they gave them a good deal on the property. | 01:19:34 | |
So. | 01:19:41 | |
Again, I I think all the staff very much for the I can attitude. | 01:19:48 | |
And, and let, and let's try to help instead of say, well, there's nothing we can do because we're just following our ordinances | 01:19:54 | |
even though we have old ones. And, and yeah, we are growing up north and now in Tano and, and I've, you know, hope sometime in the | 01:20:01 | |
future we can get some growth growing around here. So. | 01:20:07 | |
Just thank you for for again, time, energy and effort and trying to make our complaint list go down because our ordinances read | 01:20:15 | |
our ordinances and don't call us because somebody said something and somebody said something else. It's like, you know, and, and | 01:20:22 | |
having information on property surveys I think is important because there have been people that call me in and they didn't know | 01:20:29 | |
when they bought it so. | 01:20:35 | |
Darn the Realtors and darn the investors, but, but. | 01:20:43 | |
We're trying, we're trying to help. And I, I thank you very much. Thank you, thank you and thanks Randy for putting this together. | 01:20:47 | |
I don't disagree with any of the changes you make and really, and we do need to work on that. Help me to understand, obviously if | 01:20:56 | |
there's a minor land division, there must be something called a major land division. So why are we limited to five on a minor land | 01:21:04 | |
division, 10 acres or less, 5 parcels. Why can't we do 20? You are not limited. You can do 20. You just become a subdivision. | 01:21:13 | |
It just requires a different set of rules. | 01:21:23 | |
A different so these people that are. | 01:21:25 | |
Maybe their friends or whatever, but they're buying a property, they divide it and they sell it and then that person divides it. | 01:21:30 | |
They could forego all of that if they went to a subdivision dynamic. Is it more expensive to do that? There's more steps and then | 01:21:38 | |
you're going to have to deal with roads, utilities, you know, there's a lot of that would require water. | 01:21:47 | |
And you have to have the 100 year water supply for subdivisions. So there's a lot more to it to do subdivisions. But again, this | 01:21:56 | |
the state statue and it's very clear that you can't sell it to your buddy to try to get around the requirements of the | 01:22:05 | |
subdivision. But we have no authority in in doing that. And I, I. | 01:22:13 | |
At the direction of our County Attorney, I filed complaints. | 01:22:22 | |
When people come and say, hey, this is becoming a subdivision out here and I would agree with them, but again, I can only file the | 01:22:27 | |
same complaint as anyone else can. If anyone ever thinks there's a subdivision going in, they all can file the same paperwork that | 01:22:34 | |
I do that goes to department Realty and they may or may not investigate. I'm sure they're busy too, but. | 01:22:42 | |
It does not limit them, it just limits them for the minor land division. | 01:22:51 | |
Sure. And that's a suspicion that may occur that we're not going to chase that one down. But let's say you have then a major | 01:22:55 | |
section of land, I have 100 acres. Now what? What is the process there to divide that? So again, it depends on how you want to | 01:23:03 | |
divide it. You could divide it into 520 acre parcels and then sell your 20 acre parcels to whoever or go to the subdivision or | 01:23:10 | |
make a subdivision and put a couple 100 houses out there. OK, good. | 01:23:17 | |
Last thing, I do believe we need to be charging for any services that we provide. So to do the $200 lot line adjustment, I think | 01:23:25 | |
makes sense that we charge for that. Does it cost us more time and energy to do 2 parcels, 3 parcels, 4 parcels, 5 parcels? Is | 01:23:32 | |
there a difference there? There is difference because each one, each parcel has to verify that they have fiscal and legal access, | 01:23:39 | |
the zoning requirements. | 01:23:46 | |
That go along there. | 01:23:54 | |
Any of the utilities that come across there, you know when you have 5 parcels and you're putting them in, a lot of times you have | 01:23:56 | |
a well and then they want to run water line across all those. So then we have to go back and check easements and everything on | 01:24:02 | |
each parcel and have to record them individually. | 01:24:08 | |
So it does take more time when there are multiple um. | 01:24:16 | |
Parcels. | 01:24:20 | |
We've discussed in the past where. | 01:24:23 | |
You're concerned from time to time to make sure that we're charging enough. | 01:24:28 | |
So that we can operate the department without the. | 01:24:33 | |
Huge deficit. So I guess the reason I ask that is could we not just charge 650 for any land divisions period? | 01:24:37 | |
Whether it's 2345 discharge the same fee or would that be something we end up with? | 01:24:49 | |
Profiting or doing something? | 01:24:57 | |
Like that it's only $150.00 difference and to me it seems like if you're gonna divide your land, one fee would be enough. | 01:25:00 | |
That is that is certainly up and we can bring that back when we bring the ordinance back that we would look at that and we can | 01:25:09 | |
track the numbers down to make sure that we're not profiting office that we're just covering our cost. I mean, obviously that | 01:25:16 | |
would be easier for staff to and and even the land owners that they just, you know, write one check and be done with it and | 01:25:22 | |
they've done their. | 01:25:28 | |
Their things. So yes, I certainly can look at that. I, I don't have the actual numbers that I could tell you right now that | 01:25:35 | |
exactly what they are, but we could look at that. | 01:25:39 | |
The reason I ask is because you say we're not changing these fees and this is an ordinance that's aging. And as it's aging, then | 01:25:43 | |
that means we're getting more and more behind the number the the, the amount that we need to charge perhaps. And we're running | 01:25:50 | |
into that with the landfill, we're running into that with other departments and so. | 01:25:56 | |
Anyway, I think we have another participant just to chime in on your permit fees. Mr. Chair, Supervisor Humphrey, Randy, with your | 01:26:04 | |
permission, we will have a contract coming to the board next month for the company that will be analyzing all of our fees county | 01:26:11 | |
wide and coming back to you with recommendations about what those ought to be based on real costs and future cost expectations. | 01:26:18 | |
It's helpful to know that. Thank you so much, Baron. | 01:26:25 | |
OK. So I don't have any other questions. Any more comments on what we've done on this item? | 01:26:33 | |
OK. I, I don't have, I, I have one more question, Mr. Chair, if I may, and I don't want you to answer it, but it's a question that | 01:26:39 | |
I'm sure if we have people on on that, I'm going to get asked. Why does Young not have zoning requirements? I'm not going to ask | 01:26:46 | |
you to answer that today. Supervisor client is out, but I'm sure with us talking about growing and minor land divisions and things | 01:26:53 | |
of that nature. | 01:27:01 | |
That is the question that I'm going to be asked. | 01:27:08 | |
But I don't want you to answer it. Thank you. | 01:27:12 | |
Yeah, it's an interesting area of the county. | 01:27:18 | |
For sure. OK. Thank you, Andy. Thank you for that. | 01:27:22 | |
OK. Do we have enough time left Joseph for you today? | 01:27:26 | |
We don't want to be late for lunch. It's but. | 01:27:31 | |
Let's let's move on to Item 2C and that would be information discussion regarding the past, present and future of the Michelson | 01:27:35 | |
Building. Good morning, Joseph. | 01:27:39 | |
In the past month, we have strengthened the IGA with the City of Globe and other collaborating with other stakeholders. We would | 01:27:46 | |
have would like to regroup and outline a path forward to achieve this. We would like to take a look at the past, where we're at | 01:27:52 | |
and where we're moving forward. | 01:27:58 | |
I'll try and keep it as quick as I can. | 01:28:05 | |
Thank you. | 01:28:10 | |
That's when the heart of Globe, AZ, the Michaelson Building at 157 S Broad St. stands as a beacon of history and transformation. | 01:28:12 | |
Built in 1929 by the renowned James P Michaelson, who also designed the iconic Masonic Hall, the 7980 square foot building was | 01:28:19 | |
initially a grocery store. | 01:28:27 | |
With an open air market housed that housed Safeway over the years, it passed through multiple hands from George and Margaret Leach | 01:28:36 | |
in 1959. By 1991, Hill Accounting acquired the property for $150,000 and in 1994 it was transformed into Child Support and County | 01:28:43 | |
Attorney Investigators office, solidifying its role. | 01:28:51 | |
In serving the community. | 01:29:01 | |
Hill County's acquisition marked the beginning of a new chapter for the Michaelson Building. Its pivotal role in hosting critical | 01:29:04 | |
county services like child support and legal offices showcase the adaptability and value of the historic structure. However, in | 01:29:10 | |
2015, as departments moved to the Courthouse Guerrero Building, the Michelson Building stood vacant, awaiting its next opportunity | 01:29:16 | |
to serve the people of Globe and Hillock County. | 01:29:21 | |
The transformation of the Michelson Building is a true partnership between Healer County and the City of Globe, demonstrating the | 01:29:28 | |
power of collaboration to revitalize historic infrastructure. Hill Accounting, as the builders owner have invested over 300,000 in | 01:29:36 | |
renovation efforts to date, underscoring its commitment to preserving the future the structure and preparing its future use. | 01:29:43 | |
Simultaneously, the City of Globe has been instrumental in securing grants and driving the vision for the building future. | 01:29:50 | |
In 2018, City of Globes Linda Netto spearheaded the project, collaborating with Matt Glover of Co Host. | 01:29:58 | |
Whose urban renewal efforts in Mesa served as inspiration. This partnership sparked the idea of the transformation of the | 01:30:06 | |
Michelson building into a business incubator and shared workspace, setting the stage for an innovative and growth and globes | 01:30:12 | |
downtown. | 01:30:17 | |
Together, Hill County and City of Globe have successfully secured significant funding, including a $650,000 Build Back Better | 01:30:23 | |
Initiative grant, USDA Rural Economic Development Initiative. | 01:30:29 | |
Fund the support from Freeport, Macaron, Resolution Copper, as we have mentioned in the past have been great partners. These | 01:30:35 | |
combined efforts reflect a balance of collaboration, collaborative approach to revitalization, revitalizing the Michaelson | 01:30:42 | |
building for the benefit of the entire community. | 01:30:49 | |
The renovation of the Michaelson building is progressing steadily, first starting off with the roof replacement as you can see | 01:30:59 | |
here in the slides. | 01:31:03 | |
Early abatement efforts addressed significant hazards including the removal of lead based paint and asbestos, ensuring compliance | 01:31:12 | |
with contemporary safety standards. Looking ahead, the next phase will focus on mold abatement and the demolition of non essential | 01:31:18 | |
interior infrastructure. | 01:31:24 | |
Which will pave the way for the buildings transformation into a vibrant business incubator. | 01:31:32 | |
These projects are fully contracted and set to commence in December. And fishing. | 01:31:37 | |
In early February, marking a crucial step in the renovation timeline. With these efforts, alongside the 2023 roof replacement and | 01:31:43 | |
the ongoing structural upgrades, the Michelson building is on track to become a city functional and inspiring cornerstone of | 01:31:49 | |
Gloves downtown revitalization. | 01:31:54 | |
On the slide here, we cut through. | 01:32:09 | |
And outline some of the. | 01:32:14 | |
Critical infrastructure was supporting the. | 01:32:18 | |
The facility, most of the building or most of the buildings walls on the interior are non load bearing so that is a large portion | 01:32:21 | |
of what will be removed. | 01:32:25 | |
The transformation of the Max building is about more than bricks and mortar. It's a revitalization of gloves to start downtown, a | 01:32:35 | |
spark for economic development. | 01:32:39 | |
The path forward as we look into the future for the Michelson Building relies on a strong partnership between the City of Globe | 01:32:46 | |
and Hill County Facilities teams. Together, we are working to develop a clear and actionable plan for a design build project. | 01:32:53 | |
That will bring the shared vision for the historic structure to life. While the City of Globe will serve as the primary entity | 01:33:02 | |
responsible for funding and contracting the project, the Hill Accounting Facilities team will continue to play a critical role as | 01:33:07 | |
advisors and oversee the construction management process. | 01:33:12 | |
Our expertise will ensure that the project executed effectively, maintaining both the historic integrity of the building and the | 01:33:18 | |
functionality as a modern business hub. | 01:33:22 | |
With that, I'd be happy to take. | 01:33:29 | |
Any questions? Thank you, Joseph. Supervisor Humphrey. Yeah, I don't have many questions, Joseph, because I've asked them as we've | 01:33:32 | |
gone along with this building. It's something that and we had a presentation just here a while back with the with the investors in | 01:33:38 | |
the building and I appreciate. | 01:33:44 | |
All of the people that are willing and kind of revitalizing the the downtown area and, and not only that, it's great to have a | 01:33:52 | |
working relationship with the city of Globin and and Freeport to be able to all work together. | 01:33:59 | |
On a building that that we all can use or, or like you say for young entrepreneurs for helping them have office space and things | 01:34:06 | |
as they want to get started. So I, I, I, it, it. It's too bad that it got in the shape that it did. | 01:34:15 | |
Before we started. | 01:34:25 | |
Partnering up and getting it fixed, but it it, it will be a great project when we when we get it finished. And like I say, to help | 01:34:28 | |
build the relationships with with our other partners in it. | 01:34:35 | |
Sure. Thank you for your for your update today and some of the history I I didn't realize some of the history of it, although I | 01:34:41 | |
know I know about 5055 years of it. But thank you. | 01:34:48 | |
Thank you, supervisor. Thank you. Yeah. Thank you, Joseph, for you and everyone involved. So. | 01:34:56 | |
This is one of those things where you either fix it or tear it down. It's it's a building that's aging and justice needs a lot of | 01:35:05 | |
care. And so as we go through that care, I see here on one of your pagers a partnership that the city of Globe is contributing. | 01:35:14 | |
A lot 1.4. | 01:35:24 | |
And a half million, is that what I'm reading right there? And so will that be enough to complete the planned project with all of | 01:35:27 | |
the offices and bathrooms and everything that you have planned for it? With that, Sir, we're highly confident in that estimate. | 01:35:33 | |
With that being said, there's still a lot of work that needs to happen, such as the design. And when we go through that design, | 01:35:39 | |
we're really going to have a better understanding. | 01:35:45 | |
Of what that scope is, I see the concepts here you have a page on concepts. | 01:35:52 | |
And pretty extensive. Looks really good so. | 01:35:59 | |
I like the front. | 01:36:03 | |
Looks modern and vibrant. | 01:36:05 | |
I think it's a great thing that we're saving the building and I'm going to put it to good use so. | 01:36:09 | |
Yes, Sir. Thank you, Joseph. Thank you, Mr. Chair. One more whom is going to. | 01:36:14 | |
Do the design and what what I mean, what it I I can see kind of the breakdown design and so you said do the design on A1 picture. | 01:36:22 | |
It looks like it's already been pretty much done. Is that done just a hand drawing to kind of give. | 01:36:31 | |
Something of what it might be and and it's not any part of an actual design supervisor. Humphrey, that's a great question. Yes, on | 01:36:42 | |
your last point, it's just a concept to give inspiration of what it could look like. | 01:36:48 | |
OK. But but going forward with an engineering company, I would guess on who's going to do the design, this is kind of what you're | 01:36:55 | |
going to give them for what all the partners would like to see out of the building. I this is when we do give it to him, it'll be | 01:37:02 | |
just as a concept. | 01:37:08 | |
After we get input from stakeholders, that's what's really going to determine the layout and what it's going to look like. | 01:37:16 | |
OK. And when, when do you think the stakeholders are going to get together to kind of give engine engineering it it seems to me | 01:37:23 | |
working with engineers in the past, if you give them an open sheet, then gosh, she only knows what you're going to end up with, | 01:37:30 | |
you know, bronze statues in the middle of the hall or some darn thing. So anyway, I guess going forward when, when are the | 01:37:36 | |
stakeholders going to get together to kind of give some perimeters? | 01:37:42 | |
Of a of a design company. We'll be working with the team to look at establishing that, Sir. | 01:37:49 | |
OK. In the next six months, next year and a half, it'll it'll be in the next two to three months. It's good. Thank you. No | 01:37:57 | |
problem. | 01:38:02 | |
Great. Well, I don't know that I have any more questions on that. I'm glad we're proceeding with it. | 01:38:07 | |
So thanks for all your effort. Thank you very much. OK. | 01:38:14 | |
A little faster than I thought, which is great, so let's keep moving on. | 01:38:20 | |
Item 3 is a call to the public. Cassandra, do you have anybody that wants to say anything on the Internet there now? How many do | 01:38:26 | |
we have today? | 01:38:30 | |
Three, that's great. OK, Anyone here locally in Globe that wishes to address? | 01:38:35 | |
US call to the public no. And Tyler anyone in Payson? | 01:38:43 | |
OK, great. So let's move on to item number 4, which is our reports. | 01:38:51 | |
Manager men love. | 01:38:56 | |
This chairman, two things I'd like to bring up today. First of all, at a season of gratitude, long term trust, appreciation to | 01:39:00 | |
Healer County employee. We have many great employees that are committed to service, service to the public. I appreciate them. We | 01:39:08 | |
all appreciate them and the work that they do to hopefully bring things, make things better for the citizens of Healer County. | 01:39:16 | |
And what I acknowledge the Board of Supervisors and as a part of the budget. | 01:39:25 | |
Was included at 2% merit raise increase for departments and it'll be similar to what was done last year that departments will be | 01:39:29 | |
allowed a a lump sum 2% of their salaries budget to administer as they see fit intended as when there are some issues of | 01:39:38 | |
compression that we may be able to address some of those it may be for. | 01:39:46 | |
It typically would be tied to a merit increase so that. | 01:39:56 | |
Departments can based on personnel evaluations, employee evaluations that they can give raises to those that are a step ahead and | 01:39:59 | |
a step above others that they will have that flexibility at the department level. So thank you to the Board of supervised for | 01:40:07 | |
allowing that and and looking out for our employees that we can hopefully give a little bit more 2% in January, maybe the first | 01:40:14 | |
full paper in January and then the second paycheck employee second. | 01:40:22 | |
Check in January that those will take effect. | 01:40:29 | |
I wanted to acknowledge the Healer County Provisional Community College District. There's an article in the Arizona Silver Belt, | 01:40:35 | |
so I think I can go ahead and speak to that, that there's been significant. | 01:40:41 | |
Progress made in the Community College district. We're thankful for them because education is important to our youth that live | 01:40:49 | |
here in Gila County and this is a great opportunity that the IT is. The Accrediting Commission for Community and Junior Colleges | 01:40:57 | |
peer review team came to both campuses of the Community College district. | 01:41:05 | |
Payson and Globe and there is a report that will be due out in January. | 01:41:15 | |
That will determine give an assessment of where the college is at and it gave three options that. | 01:41:20 | |
I think there's a great hope that the college will continue to move forward and that there's great hope to heal a county that as | 01:41:30 | |
an educational entity for Utah County, that there's progress being made and that we're moving forward. So I express appreciation | 01:41:36 | |
to the board. | 01:41:43 | |
Of the Community College district and to all those that have worked so hard to. | 01:41:51 | |
Continue to work and see that there is an educational opportunity for kids and youth and adults that all participate in the | 01:41:56 | |
Community College history. Thank you, Mr. Chairman. Thank you, Supervisor Humphrey. | 01:42:02 | |
Umm, well, on that note, yeah, it's great to see them moving forward trying to reach out on their own. They went through an awful | 01:42:10 | |
lot of heat. But I'm glad to see that the heat in the kitchen is, is creating a, a, a brighter future for, for not only the | 01:42:17 | |
people, but our education curriculum that, that, that they will be able to work with. And so that's good. And, and other than | 01:42:25 | |
that, I have nothing other than I would like to wish everybody. | 01:42:32 | |
Happy Thanksgiving and to have a safe and happy holiday and then this is the time of year for me where life slows down a little | 01:42:40 | |
bit and and enjoy things in life and pick up the fight in January. But I wish everybody a safe, happy holiday. | 01:42:49 | |
Thank you. And you know, I'll add to that. Let's say thank, thank for everyone here, this meeting, a good meeting and we have two | 01:42:59 | |
more this year next week and I think the week two weeks after that or something the 3rd and the 17th if I remember right. And and | 01:43:06 | |
then we're done for the year. So happy Thanksgiving everyone and be safe and enjoy your Thanksgiving. And with that, I'll adjourn | 01:43:13 | |
the meeting. Thank you. | 01:43:20 |