Board of Supervisors - Regular Meeting

Wednesday, June 3, 2026

The Santa Cruz County Board of Supervisors met to discuss the sale of over 2,000 "Vattari lots" in Rio Rico, which have been a source of contention for years. The Board also recognized a retiring chief cartographer, student leaders, and a state champion athlete, and approved the county manager's contract renewal.

About this meeting

Government Body
Board of Supervisors
Meeting Type
Board Of Supervisors
Location
Santa Cruz County, AZ
Meeting Date
June 3, 2026

Transcript

250 sections

14:32 – 15:53Speaker 8

Before we start in about one minute, I just like to remind everyone to please turn off your phones or silence your phones. Um, that would be greatly appreciated. Thank you. I'd like to thank everyone for being here. The Santa Cruz County Board of Supervisors calls this meeting to order on June 3rd, 2026 at 930 a.m. in the Board of Supervisors meeting room 119 located at 2150 North Congress, Nogales, Arizona 85621. And Ms. Dahl, would you please lead us in the Pledge of Allegiance?

16:19Speaker 8

At this time, we'll move to item B, adoption of agenda. Mr. Manager?

16:23 – 16:49Speaker 18

Mr. Chair, there's two items that need to be corrected. Action item number one, there's a typo, De Anza Lane. There should be a T to say corte, so if we could add that T in there. Yes, sir. And then the other, remove jail district item number two. Thank you.

16:49 – 17:26Speaker 8

Thank you, sir with that being said I'd like to entertain a motion to accept the agenda as present with the with the Corrections as presented And allow chair to deviate where necessary Second it's been moved and seconded any further discussion Hearing none, all those in favor, please signify by saying aye. Aye. Opposed? Abstention? Motion carries unanimously. At this time, we'll move to item C, call to the public. And first, Susan Anderson on behalf of Dr. Bonnie Titre.

17:34 – 18:45Speaker 21

Good morning, supervisors, ladies and gentlemen. My name is Susan Anderson and I'm reading this letter on behalf of Dr. Bonnie Teatree, who has a previous engagement and is not available to attend this morning. This is in regards to the Vatari lots. Seven years ago, Dr. Teatree started trying to find information about these lots. She spoke to Jennifer St. John, Frank Dillon, and Liz Gutphor about purchasing two of these Vatari lots. She was told that she would have right of first refusal if they ever came up for sale. She also talked with Bruce Braca numerous times about the possibility of purchasing them and was told the same thing. Bruce Braca actually told her to go on the county website and put her name on the list to purchase them if they ever became available. Dr. Tea Tree has purchased several lots, and she's currently being held up by two Vatari lots. Her initial goal is to put this land in a trust as an animal conservatory for the wildlife. Dr. Tea Tree has two young people from this county already picked out to be the trustees of said conservatory. She's been working on this as her legacy. These lots were originally conservation easements, and Dr. Tea Tree agrees with the restrictions on them.

18:46 – 19:13Speaker 8

she requests that you reconsider the fact that the adjoining property owners do have the right of first refusal this will bring back some trust in this county with elected officials thank you on behalf of dr tea tree thank you susan susan phobia and just a reminder um everyone has three minutes during the call to the public and we ask that you start with your name and your address thank you

19:14 – 20:32Speaker 24

Thank you. Susan Fobian, 20 Kent Avenue, Rio Rico. I see that one of the action items has to do with the renewal or extension of a contract. I just kind of want to remind that I was told many, many months ago that in order for me to receive any more on my notice of claim than was initially offered that the insurance for the county would have to be billed. I have never been advised that it was billed, that the claim was denied, or that the claim was paid. So I think that when you're renewing, appointed positions are different than yours. You get elected. You know if people are approving your actions. But unless you hear from people about appointments, I don't know that you really know what they're doing. As far as my case, still open, still hopeful, still looking for justice. Proverbs 22, 22, don't rob the poor because you can or exploit the needy in court. For the Lord is their defender. He will ruin anyone who ruins them. Thank you.

20:34Speaker 8

Thank you, Ms. Foggy. Sheriff David Hathaway.

20:45 – 23:33Speaker 7

David Hathaway, 247 Avenida Palomas, Rio Rico. I'm not speaking in my official capacity here, so yeah, go ahead and start the clock. I might make more remarks during the department heads session, but I'm going to make this brief because I know we have a study session on the Vatare, or I don't know how to pronounce that name. that issue and all I really want to do is congratulate the board for getting to this point I have been trying to buy one of those lots for seven years first by trying as the first speaker Susan said by trying to pay the taxes to the treasurer if you pay the taxes for three years you can file to possess that property since those were all tax delinquent properties and now I've resorted for the past six years to sending an email once a year to the county attorney's office asking for the status of these lots because I have one next to my house and I want to buy it for a privacy buffer hopefully the deed restrictions can be removed on those lots but either way I would want to buy it for a privacy buffer like I said I'm going to keep my remarks short because I think during the study session probably the public's going to be allowed to to weigh in on that as well. And just, you know, we can get back to a situation where there's tax revenue coming into the county for these lots. I know it's over 2,000 lots and they can start being paid. I know there's hundreds of homeowners, maybe thousands of homeowners that are impacted by this. They have a, I don't know how to say it, lottery lot next to them and they would like to buy it for maybe only just a privacy buffer. So it's just been, I think, kind of low priority for the county. Other issues have come along, and this can maybe help us get out of some of the deficit by the previous treasurer of, you know, if these can become taxpaying properties again. The thing I worry about is being surprised just reading in the newspaper some day and finding out they were all liquidated and they were all sold, and I didn't have a chance at it. Like the first speaker said, Susan said, under the previous county manager, Jennifer St. John, She told me there would be right of first refusal if you were an adjacent property owner. But even if that's not the case, as long as it's a clear auction that's advertised and well known to the public. Last time I spoke on this issue when there was an executive session on these property, I recommended that the board of supervisors and the county manager manager be very open and communicate about the status of these properties because there's a lot of people like me that are afraid we're going to lose our chance to buy these properties as say a privacy buffer for our property because of just the lack of knowledge of what's going on on this issue. And I'll save the rest of my remarks for later. Thank you.

23:34Speaker 8

Thank you. Sure. Thank you. Anita Connor.

23:53 – 26:44Speaker 13

Good morning. My name is Anita Connor and I live at 409 Camino Canoa in Rio Rico. My husband and I relocated here after our retirement five years ago and we love living here. First, it is totally reasonable and understandable that the county would like to sell the Vattari lots to recoup some of their losses over many years and of course start collecting property taxes on those same lots. However, why were county residents only made aware of this study session from an amended agenda for this meeting that came out just two days ago? Furthermore, why was no information on the background of the Vatari lot situation and the details of the possible options of dealing with it not shared in advance with county residents so that we might be able to make more informed comments today? The Vatari problem has existed for many years already, and in a county which already has issues with trust and transparency from the county government, this seems like very poor planning. From an informal conversation with John Fanning in mid-May, my understanding is that the Vatari lots will be sold by auction, but decisions first need to be made about whether the existing restrictions on those lots will be maintained, lifted, or modified in some way. If the lots are sold without the current restriction on building homes, I deeply fear that developers could have a heyday, easily outbidding our own county residents who may want some of these lots, and quickly building more homes than our infrastructure and water supply can handle, and overshadowing the desire of many, if not most, residents to maintain Rio Rico's quiet rural character. I would be in favor of a plan that allowed a stepwise approach to the selling of the Vatari lots, with the first phase maintaining the current building restrictions. Presumably, these would then not be of interest to developers. It seems only fair to our existing county residents, some of whom have been waiting for years to be able to buy these lots. After a reasonable period of time, the situation could be reassessed to see if the restrictions might be lifted or modified for future lot sales. The sheer number of Vatari lots is so huge, over 2,000, that the resolution of this entire situation is one which will likely shape the future of Rio Rico on many levels for decades to come. My sincere request is that the Board of Supervisors and others involved in the decision making is to please, please share the potential options, plans, and the pros and cons of each with the residents of Santa Cruz County well in advance of future discussions and before any decisions are made. Thank you for allowing me to speak today.

26:44Speaker 6

Thank you, Anita.

26:45 – 27:03Speaker 8

Thank you. Anyone else, is there anybody else in the audience who would like to call to the public? Okay, seeing none, then we will move to item D, current events, and I will start to my left. Supervisor Maleta.

27:04 – 28:50Speaker 19

Good morning. I just have a few items to report first and foremost last week I attended the small counties meeting up in Phoenix Wednesday evening and then Thursday we have the board of the County Supervisors Board of Directors meeting where the key issue there was the discussion of the state budget. State budget has, in my opinion, gone the longest it's ever gone since I've been in tenure. And they're still in recess right now and aren't coming back until like middle of June, if I believe. So we're hoping that the budget is finally solidified. And with that said, also I attended some of the interviews that County Superintendent Maya Donnelly and Carrie Muñoz had with individuals applying for the SCC Leaders in Training program. amazing individuals just like the students that are here in front of us today. We are blessed with great students and those two interviews I witnessed were of two incredible Santa Cruz County students. And lastly, I want to wish my mother a happy belated 92nd birthday. She just turned 92, and we're just blessed to have her. Thank you.

28:51Speaker 8

Wonderful. Thank you, sir.

28:55 – 30:15Speaker 16

Good morning, American leaders. How are you? Good? Okay, so here are some of my updates. Over the past week, I had the opportunity to attend several graduating ceremonies across Santa Cruz County, including Rio Rico High School, Downtown Academy, and the Santa Cruz County Continuing Education Title II Class of 2026. No matter the school or the program, whether students are completing high school or continuing their education, the excitement, pride, and sense of accomplishments are the same for students, parents, and families. I want to extend my sincere congratulations to every student graduating from schools throughout Santa Cruz County. Also, we recently met with Arizona Commerce Authority's film and digital media program director, Matthew Earl Jones, and his team up in Phoenix. I'm encouraged by the progress being made as we work to attract the film industry to Arizona. I'm particularly focused on bringing new opportunities to Santa Cruz County and ways to collaborate with Sonora. I will pause here and let Shannon, she's going to provide an update on the meeting and everything during the department's updates. I also have the... Go ahead.

30:15Speaker 6

Go ahead. No, it's your floor.

30:18 – 30:45Speaker 16

also had the privilege of meeting with students who participated in the interview process for the 2026 Santa Cruz County leaders in training program led by school superintendent Maya Donnelly this year applicants represent an outstanding group of young women and men from our community I want to wish them I want to wish the best of luck to everyone who applied for this program thank you sir

30:46 – 33:10Speaker 8

OK. I also had an opportunity. This is going to be a replay on what both of the other supervisors mentioned. The Rio Rico High School graduation was fantastic. I also was able to hold the District 3 Advisory Committee. That was in Sonoyta. That is made up of folks from throughout the entire District 3 territory. And I want to thank Amy Weistrack and the stakeout. We were able to have the meeting at the stakeout. Great grub. I'll always give a plug for the folks in this community doing good things. I also had an opportunity to listen to many of the interviews for the interns. and we had 70 students apply, over 70 I believe, and we can only keep 30. I'd like this program to grow, so we'll see what happens in the future, but I want to thank Maya Donnelly at the County School Superintendent's Office and Carrie Muñoz for running that program. It's great to see students like we have in front of us right now, students who are involved in their communities and doing good things. Let's see was that the Santa Cruz County continue education celebration and then just two days ago on Monday I was able to attend the double our ranch ribbon-cutting some great folks out there running the show and We had our CPBA workshop meeting yesterday and I've been remiss and not thanking supervisor muletta uh for his guidance when it comes to how to run a meeting and and what he's done for this community um so as i take over the uh the chairmanship of the board of supervisors um i just want to publicly thank you for your for your guidance and all that you do you're welcome and with that wonderful with that that concludes my uh current event manager mr manager mr chair members of the board i have nothing to report on this meeting thank you Thank you, sir. At this time, we'll move to item E, finance cash and investments. Ms. Maria, are you going to be presenting? Thank you.

33:13 – 34:08Speaker 1

Good morning, Mr. Chair, members of the board. For the cash and investment report, in the general fund, we have an overall balance of $26,657,353, with an invested amount of $16,870,057. In the road fund, we have an overall balance of $6,473,363 with an invested amount of $5,217,970. In the flood control district, we have an overall balance of $3,376,154 with an invested amount of $314,473. In the jail district, we have an overall balance of $9,193,082 with an invested amount of $4,482,032, for a total overall balance of $70,970,657, with a total invested amount of $29,044,976, and an estimated end-of-month balance of $13,041,003. Thank you, Madam. Thank you, Madam. Any questions? Supervisor? No, sir.

34:28 – 34:54Speaker 8

very good thank you let's move to department updates number two to a recognition of Hector Gutierrez chief cartographer in honor of his retirement and an appreciation of 30 years of dedicated service and this comes from the County Assessor if you'd like to come up and say a few words

35:05 – 36:00Speaker 17

Good morning. Pablo Ramos, Santa Cruz County Assessor. Today we have the privilege of recognizing and celebrating a remarkable milestone. It is my honor to present this plaque to Hector Gutierrez in appreciation for 30 years of dedicated service and commitment to Santa Cruz County Assessor's Office. Over the past three decades, Hector's has made a lasting impact through hard work, professionalism, and willingness to support colleagues and Santa Cruz County. His contributions have helped shape our team, have earned the respect and friendship of so many. As Hector begins his well-deserved retirement, we want to express our sincere gratitude for all he has given throughout the years. While we will certainly miss his presence, we are excited for the new adventures and opportunities that retirement will bring. Please join us in congratulating Hector on 30 years of service and wishing him happy, healthy and fulfilling retirement. Congratulations, Hector.

36:32Speaker 1

30 years man.

37:04 – 37:24Speaker 9

I'd like to thank everybody for their support and my continued growth here at Santa Cruz County, all the colleagues and friendships I've made over the 30 years. I've seen many people come and go, and it's my time to retire now. So good luck to everybody and always best wishes. Thank you so much for all of your hard work.

37:25Speaker 6

Hector. Hector. Hector. Hector.

37:29 – 38:54Speaker 19

Hector. I just personally want to say a few words. I've known Hector for quite a while. I had the privilege of having him as a student when I was at Nogales High School as a counselor and just to see our own Stick with our community for 30 years and be loyal. It means a lot. And not only that, Hector, anytime you went to see him about work or anything, he was always there to help you, there with a smile, just a genuine, good individual. Thank you. We have a plaque here that I don't know if it's been sitting here for a while or It's long overdue. And I'm glad you're here, Pablo. This is to Pablo Ramos, Chief Deputy Assessor. So it's been a couple years. In appreciation of your loyal, distinguished service to Santa Cruz County, August 6, 1990 to April 6, 2020. Thank you for your commitment and exemplary public service, which continues to leave a lasting impact. Thank you, Pablo.

39:01Speaker 8

A little bit overdue.

39:07 – 39:32Speaker 17

Thank you. That's the front of his finger.

39:48 – 41:10Speaker 8

Okay, at this time I'm going to deviate a bit, and before we go into any further department reports, we're gonna move to 3A, award recognition and accomplishments. A, recognition of Ms. Addison Hicks, 2026 girls track and field division three state champion in the 100 meter high hurdles and runner up in the 300 meter hurdles celebrating her outstanding athletic achievement and commitment to excellence so miss addy if you would come up and uh to the podium please and we have a couple things Good morning. Hello, Addie. We have a couple things for you here. We have a certificate as well as a little token of our appreciation for all that you do for our community. It says recognition of Addison Hicks, 2026 Girls Track and Field III state champion, 100-meter high hurdle champion, and 300-meter hurdles runner-up celebrating her outstanding athletic achievement and commitment to excellence presented with honor by the Santa Cruz County Board of Supervisors so congratulations again Addie thank you and the floor is yours

41:11 – 41:38Speaker 22

Thank you. I just want to give a big thanks to my parents. They've always supported me in everything that I do and pushed me to be the best person I can be. And my coaches and my teammates, they're with me every day, pushing me constantly, giving me such a good environment to grow. And then, of course, just being able to represent Rio Rico is such an honor. And being able to show up and represent the name is really something to take pride in. So I thank you guys.

41:39Speaker 8

We are definitely proud of you, and do you have any questions?

41:45Speaker 19

No, it's amazing. Thank you. 100-meter hurdles, that's a tough event. Yes, it is. So congratulations. Thank you. We're super proud of you.

41:56Speaker 19

Congratulations.

42:01Speaker 5

Hold on, hold on, hold on.

42:04 – 42:43Speaker 8

I've had the opportunity to see Addie as she's grown from sixth grade to where she's at right now, junior in high school, correct, moving into the senior spot? Yes. And as good of an athlete as she is, That's what kind of person she is as well. She's a great person and comes from a great – you talk about your foundation, your parents. I know you have an incredible foundation there. And then you add some top-notch coaching with that, and you come up with Addie Hicks being a state champion. So congratulations and keep up the great work in all that you do.

42:44Speaker 22

Thank you, Coach Fannie. Thank you.

43:18Speaker 6

Okay, let's go ahead and move to item 3b

43:37 – 43:55Speaker 8

recognition of emerging leaders of Santa Cruz County graduates for their achievement in completing the academic leadership and community project curriculum. Dr. Morales-Martinez, would you like to come up and say a few words about that before we recognize these incredible young folks here?

44:00 – 45:13Speaker 4

Thank you so much, supervisors. It's an amazing event for our emerging leaders that are here with a big smile right after two semesters of hard work. They started up in August and got a diploma from, a certificate from U of A in May. And it's been a long way for them to achieve this certificate. Between attending classes every month from 8 to 5 all day and doing that every month for 10 months, it's a milestone. and reading so many books, making so many presentations, and doing community work, field trips. Adding that to all you have to do from school, it's a great effort, and I'm so glad that the supervisors are recognizing you today. Thank you, supervisors, and thank you, emerging leaders.

45:14Speaker 8

Wonderful. Thank you so much. Supervisors, do you have any questions from Dr. Morales-Martinez?

45:20 – 45:40Speaker 16

Well, I just got to say that this is a great program. And one of the areas that I really liked is the emotional intelligence, right? Something so needed. And incorporating that into the program is just great. And I've seen students here around the county, excellent students, role models, leaders. So thanks for doing that.

45:40 – 46:06Speaker 4

Thank you, Supervisor. Yeah, they they have to read a whole book on emotional intelligence and make several presentations out of the book and doing presentations by themselves, individual, but also in teams. So they had to really learn to communicate with students that they didn't know at all. And they have to get together and work. And it was it was such a nice experience. Right guys.

46:11 – 47:23Speaker 19

It's just impressive how from one year to the other how well this program grew and the graduation was amazing. Just to see how these individuals all grew and really, really looked, not just looked like leaders, they're dressed professionally, they spoke incredibly well, their speeches were amazing. So we're super proud of you guys. And not only that, along with having to go 8 to 5 every Friday, and you grill them with leadership training, they also had to perform a project, put together a project, I believe. Yes. I believe Simon did a project with Santa Cruz County and we're getting ready to put up some bicycle signs and I commend you on your project. I know you wanted more but sometimes bureaucracy and red tape get involved. But congratulations to all. We're very proud of you.

47:26 – 48:18Speaker 8

I want to echo my fellow supervisors sentiment there's some great students here and this program I think is incredibly valuable for our students for our community so ditto on everything that my fellow supervisors said you guys are doing a great job keep up the great work and with that I'm gonna call the students up and if once I call you up if you just kind of meet over here, and then once we have all of the students, then we'll bring everyone up for a photo. And if I mispronounce your name, I apologize. You can go ahead and shout out and let me know exactly how to say it, and I will then attempt it again. So, with that, Silvana Romero. Ian Gomez Lopez. David Alejandro Zepeda Murrieta.

48:31 – 49:45Speaker 8

Maria Jose Sovignon. Anique Ruiz Rodriguez. Sophia Rivera. Alexis Simon. Sophia Buriel. Unless I think they're related. No, I know they are. Ines Buriel. Anshu Mekala. Nitya Mekala. Perla Siqueiros Aneth Carolina Parra Chavez Nogales Patterson

49:54Speaker 15

All right, if you'd like to come on up and we'll take a picture.

50:03Speaker 6

Come on up here.

50:34 – 50:55Speaker 8

Kind of make sure, come on over here. Like right here so that you're in between. And then those of you who are in the, that we're gonna need, make sure you're in the front. Come on up, come on up. Okay, squeeze in now and then turn sideways.

50:57Speaker 6

Okay, make sure you're right there in between. Come on over guys. Someone right here. Make sure they can see your face. Right here.

51:30Speaker 15

and you come up here in the back. Right here, here, and you're in the back right here. Come on over.

52:33Speaker 8

Once again, congratulations, and it's great to know that we have the youth that we have in our community, second to none.

52:40 – 52:55Speaker 16

And can I say something really quick? And also, like, this year we had Dr. Morales include some students from Mexico, which I'm looking forward to what he's going to do next year, what else he's going to come up with now.

52:55Speaker 6

Okay, you had the bar has been raised. Yes.

53:00 – 53:20Speaker 8

Wonderful. All right, we're going to move back to item E. Any other department reports who wish to come up? Come on up, Sheriff. Good morning, once again.

53:21 – 56:45Speaker 7

First, I'd like to start out with thanking everybody who attended our amazing law enforcement memorial ceremony, which was in the courtyard right here behind the building. All the elected officials, all the family members of law enforcement, all the agencies, spectacular performance by the honor guard, by the The member of the Rio Rico high school law enforcement unit that played taps Thank You supervisor Davis for reading the the proclamation passed by the Board of Supervisors It was an amazing event. I think In all humility, it's the it's the best one we've ever had our our speaker was a retired three-star general Jeffrey Buchanan who actually is one of our volunteer deputies that patrols this county for no pay and He went through our academy to be a volunteer deputy and an unbelievable person. He's still a young man when he retired. He was the head of all military ground forces in North America in the United States that have the function of keeping the United States safe under Northern Command. Amazing the caliber of individuals that we have for our volunteers. Thank you to Santa Cruz Training Programs for providing the snacks and the drinks. Anyway, such a great event. Now I'm going to say something that pertains to the jail district. I could say this under the jail district, but while I'm up here, I'll just go ahead and throw it out. If you look at Jail District Item 3, J3, Jail District Item 3, I just want to do a little explanation of this, talk a little bit about the bad and the good. The bad with the jail building is that it was built with over $40 million of bonds. that the idea, this was under a prior sheriff and a prior board, that this would become a moneymaker for the county. But it turned into a deficit, and the county has been contributing money out of the general fund in past years to pay the interest on those bonds and to pay the bonds. So that's the bad. Now talking about the good, in our recent budget meeting with the county manager, Jesus Valdez, Assistant County Manager Chris and Mauricio, They're very dedicated to being very diligent with county funds, as is the board, to not put additional burdens on the taxpayers. So we were all very austere in our projections and not increasing our line items that pertain to the sheriff's office. But another thing that we offered to do in the past are jail district funds. Have not been very healthy But we intended someday to start paying back to the general fund The money in past years that has been paid from the general general fund to keep the jail district afloat Which means paying those bonds that were issued? 2010 2011 2012 to finance that that new building like I said it never paid off as a money-making project the idea back then was that Prisoners would be brought in from other agencies. They would pay their daily rate to the jail, and it would wind up making money for the county. But it kind of went in the other direction. So just admitting the negative.

56:47 – 57:24Speaker 19

Can I add something to that? Because I was here when it all evolved and it started, and we did have to pay out of our coffers, and it was during really bad economic times. And just to see where we've evolved now, I want to commend you and your staff because it has become a good moneymaker now. And we appreciate all the hard work you all put in. You guys have done an excellent job, and we really appreciate it.

57:24 – 58:20Speaker 7

Thank you, and thank you for the kind words there. So during our study session, we know the county, because of some of the actions by the previous treasurer, has been kind of under the gun on some financial things. So we offered that we think the jail district fund is healthy enough now to start paying back the general fund for some of the contributions made by the general fund to keep the jail district afloat in prior years. So when you see I just figured while I'm up here doing a department update, I might as well hit the jail district issue. So when you get to that item on the agenda, I will have already covered it. So when you see the $457,793 transferred from the jail district fund to the general fund, that's the idea. To begin the process, we're healthy enough on the jail district fund to start paying back the general fund. So I think that's all I have. I may say more during the VATERE study session, but that's it.

58:20 – 58:44Speaker 19

Thank you. Thank you, sir. And Mr. Chairman, if I can add one more thing. Please. I agree with you, Sheriff, that memorial was, in my opinion as well, the best we've ever had. Your guest speaker, the general, was amazing. And the national anthem by that young man from Kootenai was amazing as well. Great job. Thank you.

58:46Speaker 8

Thank you. Any other department wish to present? Shannon.

58:57 – 59:25Speaker 23

Good morning, supervisors, staff, members of the community. I just wanted to give a quick update to Supervisor Davis and to the community. A few weeks ago, we had a big production in Tubac filming from Mexico. They're remaking, let me read my notes here. It's a remake of Hermanos Coraje. I hope I didn't butcher that.

59:25Speaker 19

I remember my mom watching that. It was in the 70s, I think.

59:31 – 1:01:17Speaker 23

So they're rebooting that with a younger cast, obviously, and they teamed up with a company in Tucson, Monsoon Production, and they filmed in Tubac, they filmed in Tucson, and they filmed in Sedona, but 80% of that was filmed in Tubac. and so the reason we became a film ready community is because just a couple of weeks that these guys were here they brought in more than half a million dollars to the community of tubac and that's in room sales and food they had to bring caters in and that's not what the actors the production team did after hours that was just for the production so we're really super happy about Being able to bring in films into Santa Cruz County. So on that note after that production supervisor Davis County manager Jesus Valdez and I went up to the Arizona Commerce Commerce Authority and we met with Matthew Earl Jones who is Interestingly enough and it was kind of starstruck. He's the brother of What's Dark Vader, the actor. Yeah, James Earl Jones, yeah. So that was kind of neat. But he leads, he's the director over film and media for Arizona. So we met with him to kind of brainstorm, like, what ideas, what can we do in Santa Cruz County to be more hospitable and bring more film into the county? Because when you bring more films into the county, it brings more revenue for the local businesses. So we had a good session, we came up with some ideas, so hopefully some more will come out a little bit later when we finalize some of the plans that we're making.

1:01:20Speaker 8

Thank you. Supervisors? Thank you, Shannon.

1:01:23 – 1:01:47Speaker 16

No, I just want to thank Shannon, because she has worked so much with this idea, with this project, like working on that music video, like organizing stuff, getting everything on the web page. So I mean, she's key here. And I just want to thank you for making this happen, you know? And it's looking good.

1:01:47Speaker 8

It's looking good.

1:01:48Speaker 23

Thank you. I don't want to be the key, but thank you.

1:01:50Speaker 8

One of the things that I'd like to suggest, and I don't know how doable it is. It wouldn't be a nectar.

1:01:58Speaker 23

You won the role.

1:02:02Speaker 8

I could probably play John Belushi.

1:02:05Speaker 6

That's about it.

1:02:06 – 1:02:31Speaker 8

No, I'll leave that to my brother. That was good. No, we have a theater, Oasis Theater. And I'm wondering when this is released, I don't know how financially it would work out. Perhaps they could have an opening here in Nogales. Just a thought. Okay. might like get the ball rolling for more opportunities. That's a good idea.

1:02:31Speaker 6

Yeah, really good idea. Every once in a while I have one.

1:02:36Speaker 8

Thank you, Shannon. Any other department? Come on up, sir.

1:02:45Speaker 19

Broken ribs and all.

1:02:46Speaker 8

Mr. Colin Bishop.

1:02:55 – 1:05:14Speaker 10

Good morning, Chairman Fanning, Supervisor Mullera, Supervisor Davis, county management, and members of the public. I'm not here to file a claim against the county manager for injuring me during a basketball game. It'll be another three weeks, and I'll be okay. Anyway, I want to step up here. We have so many of you wonderful young adults, and to the public, I want to invite you, if you have not had a chance to take part in the Comprehensive Plan meeting, we have a virtual meeting tonight. So if you ever said in your mind, It would be great if our town had this. I would love it if our county had that. Why don't we have better this in our community? Why don't we have more cool stuff to do? This is a chance of how we as a community come together and make that happen, and that's part of that comprehensive plan process. So, there is a virtual meeting tonight. If you don't want to attend the virtual meeting, what I would love, especially from every single one of you that is under the age of 25 here, under the age of 30, is we do have an online survey. It's a very simple online survey tool and it'll help us get direction of the kind of government policies that we can implement that will make the future that you all want. So this is where government is in action and you always wonder how do things happen? How do we make things happen? This is how we make things happen. um in the in the in some worlds you call that the sausage making it's where the sausage is made right you grind it all together so i would invite all of you if you have not filled out the survey at a minimum to please do that you will also see us at community events this summer we'll hopefully have tables and get the word out so i also would challenge each one of you i know you all have friends if you can get two or three or five of your friends to fill out the survey that would be even better so i'm so glad that you're all here today Go ahead.

1:05:14 – 1:05:32Speaker 8

Might I interject? Yes, please. I would like you to connect with Dr. Morales-Martinez, and he could be everything, the information that you need to get to these young folks here, he could be the funnel for that. So please make that connection after the meeting. Thank you. Sorry for the interruption.

1:05:32 – 1:06:25Speaker 10

No, no, thank you. The other thing I'd like to point out is tomorrow afternoon, and we have flyers in both English and Espanol is we have our first contractors forum and what that is is for the building contractors in Santa Cruz County we will come together have a dialogue have a discussion about you know what's working what's not working what can we improve how can we get better and then some of the key topics that that we're facing here in the county so I For anyone that is interested in that, I'd like to invite everyone that if you're involved in land development and building or even if you just have a general interest, that contractor's forum will be at 4 p.m. tomorrow up in room 202. And that's all I have. Thank you.

1:06:26Speaker 8

Thank you, sir. Supervisors?

1:06:28Speaker 6

Thank you, Colin.

1:06:29 – 1:06:41Speaker 8

Thank you, sir, for all you do. And young folks in here, please take advantage of that. Mr. Bishop, I do have a question. What's the average age of the folks who are on that committee at this point in time?

1:06:43 – 1:07:29Speaker 10

you talking about the technical advisory committees I don't know what the average age is so are so we have four technical advisory committees that will start meeting later in the summer we have essentially eight different topic areas and I could probably we have almost 70 volunteers for those committees and I know I could count on one hand the amount of people we have that are under the age of 40. So we do not have representation from younger generations in terms of those technical advisory committees. I would again invite you, if you do have time this summer and this fall and you wanna be part of this process, you can be part of the process. So please engage if you wanna be.

1:07:29Speaker 16

Colin, really quick, how long is the, The survey and when is the deadline?

1:07:34 – 1:08:54Speaker 10

The survey is three questions and you can write as much as you want. If you're late at night and sitting on your phone, you can write away. The survey will be open for a number of months and then we do anticipate also having other survey tools that will go out to the community as well. so one of the things we're trying to do in terms of planning is really get different avenues where we can collect collectively get kind of the pulse of the heartbeat of the community and what they really want and that will guide that policy and direction moving forward thank you so much and like i said students not only does emerging leaders look great on your resume but being part of this also looks great on your resume when it comes to scholarships Yeah, so if you go to the county website Santa Cruz County AZ gov In the departments, you'll see community development and then over on the left hand sidebar community development all the way at the bottom you'll see 2026 comprehensive plan and all the informations there including the survey links, but we can also get that in people's hands as well and

1:08:55 – 1:09:06Speaker 8

Wonderful. Thank you, and I look forward to you two making that connection. Thank you. Thank you. Mr. Paz, would you like to present? Please do.

1:09:16 – 1:10:35Speaker 5

Good morning, Mr. Chair, supervisors, management, members of the public. I didn't have an update, but I just remembered we do. We are going live on our new treasure system in July. So I wanted to make a second announcement that we are accepting payments from taxpayers Cash check credit, however, they choose to do their methods in person over the phone or online. However. Any payments received between July 1st and July 19th will not reflect on the system due to the transition. So we have a blackout period from July 1st to July 19th. where we do not have access to any system, so nothing will be submitted. But if they truly feel the need to leave their payment at the treasurer's office, they can. It will be held until July 20th when we go live and we're able to process on the new treasurer's system. The second is our delinquency notices are going out in July. We have a target date of July 26th. So keep an eye out for those if you do not receive one again reminder. These are courtesy notices So if you don't receive anything in the mail, it could be that you don't owe any delinquent taxes But if you want to double check you can always call our office that we can confirm for you guys So I think that was it the only two updates I had any questions with the first concern.

1:10:35Speaker 8

Yes, sir. Well, we is that Able can we pass that information via miss Hall?

1:10:42 – 1:11:15Speaker 5

Yes, the community will actually be reaching out to her for a press release and we'll also put it on our website. It will be posted at the treasurer's office windows as well for those walking in right now that we can accept, but they will not be reflected on the system. So. What we're trying to avoid is people dropping off payments July 1st and calling July 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, all the way up until the 19th that we can enter it in the system. So we're letting you know now. You can still do it, but it will not reflect in the system until July 20th or after.

1:11:16Speaker 8

Wonderful. Thank you. Supervisors? I'm good.

1:11:20Speaker 8

Awesome. Thank you, sir. Any further department? Please.

1:11:31 – 1:12:37Speaker 3

good morning mr chairman members of the board and members of the of the community just wanted to provide an update on the finance department's uh budget process we of course held uh budget meetings with elected officials and department heads in april And we are, with our assistant finance director, we're working to make sure that we all have all our funds balanced. We have plenty of funds. There's certain requirements that the state imposes on us, and we have to go through what they call schedules. So there's schedules A through G, and we have to balance all those schedules. Now, we have to wait until we close the fiscal year, which is coming up at the end of this month. June 30th is our magical day. That's our day that we have to close all our funds. then we anticipate coming before you July 8th at a special meeting to provide you with a tentative budget at that time we just wanted to provide that update you have any questions thank you sir supervisors thank you thank you thank you sir any further department okay

1:12:38 – 1:12:59Speaker 8

With that, at this time, we'll move to item F. And I'd like to entertain a motion to recess regular session and move into flood control. So moved. Second. It's been moved and seconded. Any further discussion? Hearing none, all those in favor, please signify by saying aye. Aye. Opposed? Abstention? Motion carries unanimously.

1:13:00Speaker 6

Good morning.

1:13:01 – 1:13:35Speaker 26

Good morning, sir. Chairman Fanning, Supervisor Molera, Supervisor Davis, this is the flood report. covering the month of May. We did get some rain last month. Not a whole lot in the Nogales area, about eight hundredths of an inch. The average for the area is .27 inches, which is almost a third, and there were a couple of communities within the county that did receive that kind of rain, Patagonia, Sonoyta, and also over at Parker Canyon Lake.

1:13:37Speaker 8

Was that last weekend?

1:13:40Speaker 8

Green Valley got it.

1:13:41 – 1:13:56Speaker 26

Yes, they did. Yes, they did. There was a pretty good storm up that way. It was a pretty amazing storm that hit Senoita. It dumped a lot of rain in a short period of time, and fortunately, no flooding. Just didn't hit Elgin, though.

1:13:58 – 1:18:23Speaker 26

The county is still in a drought at this point. The western portion of the county is in a D1 moderate drought. The middle part is in an abnormally dry indication and also the eastern side is not currently in a short-term drought. So basically things have been pretty steady within the last couple of months. We've been getting enough rain to kind of keep us out of the more restrictive type drought conditions. moving on to some housekeeping the district received 170 a flood hazard information sheet flood report requests in May 151 were in unincorporated Santa Cruz County 19 in Nogales and there were none in Patagonia we also received a I think somebody owes us lunch unless it's one of the students the district did receive eight floodplain use permit requests six of them were in unincorporated Santa Cruz County two in Nogales we did not receive any site review applications and we did have one drainage complaint Moving on to projects Ephraim Canyon project item number six We do not have an update for that one Patagonia regional flood control project. We do have an update there the consultant has submitted a revised scope and fee document to the county for review and acceptance and It was accepted and a contract for the completion of Phase 2 is in the process for approval, which is good. Item 8, Potrero Creek letter of map revision. We do have an update there. The letter of map revision was issued January 6th and will become effective June 4th, which I think is tomorrow. So we'd be anticipating a letter of map revision to be in my inbox anytime soon. And so we'll have to take a look at that. And we'll update our floodplain maps to reflect that and also maybe give you some ideas of how many structures had been removed. next time Nogales downtown redevelopment floodplain feasibility we did receive the final deliverable yesterday I took a look at it so that has been completed basically what that does is look for alternatives for development with some of the buildings within the downtown area that have been affected by flooding Santa Cruz County flood plain ordinance review and strategy no update Katalampi Canyon Our consultant has finally has a final draft that will be submitted to for review this week. And so Katalampi Canyon we're looking at You know the flooding there and trying to come up with some design parameters for the future Flight control district review fee schedule no update Monte Carlo, which is a subdivision in the city of Nogales We do we did get our final not our final to deliver But we did get a report from our consultant CMG has completed the existing conditions analysis and has Given that to the county and we're looking at alternatives. So You know looking through That particular report it basically identified some areas Where we did have some break out of from some of the channels and within the subdivision We got a better idea of what those depths are how the flow has been routed and distributed and also what the velocities of flow are of those so we can understand what the erosion possibilities are in order to give design criteria for looking at alternatives to help with the flooding in that subdivision. So that one's going forward. So that's it for projects. Patagonia did not submit a report this time and neither did the City of Nicalis. So that's it for.

1:18:25Speaker 8

Thank you, sir. Supervisors?

1:18:28Speaker 16

Just thank you. When it comes to the Monte Carlo project, so now what would be the next step?

1:18:35 – 1:19:00Speaker 26

Well, next step is to identify areas where we might be able to contain some of the flood. So now that we have the design parameters, we can look at what those structures might be, whether they're berms, whether it's going to be some walls, those sort of things. So that would be the next step is to figure out where and what we would like to do to reduce some of the flooding in the area so we have the right criteria.

1:19:01 – 1:19:54Speaker 8

Thank you. I have nothing. Thank you, sir. Thank you for all you do. Okay, at this time, entertain a motion to exit. flood control, and reconvene into regular session. So moved. Second. Moved and seconded. Any further discussion? Hearing none, all those in favor, please signify by saying aye. Aye. Opposed? Abstention? Motion carries unanimously. We are now back in regular session, and we are moving to item G, information, number one, information and process regarding the sale and disposition of the real property commonly known as the Vittarri lots located in Rio Rico. And with that mr. May and then I know that you have a presentation Would you like to take questions from the audience? constituents during or after or

1:19:55Speaker 14

All right. And Mr. Chair, I have a slide at the end. Probably at the end we can take questions.

1:20:01 – 1:21:18Speaker 18

Sounds like a plan. Thank you, sir. Mr. Chair, before Mr. May starts, I just want to mention a few things. So the purpose of this study session is to discuss the Vattari lots that are currently owned by Santa Cruz County. The county goal is to explore options for returning these lots to private ownership so they could be back on the tax roll. Staff will provide background information the lots and explain the general reasons the county is considering an impossible sale of some or all of them we may want to keep some of them just because they're in flood control they have for flood control or for corridors for wildlife So, Mr. May, the county civil attorney has prepared a presentation to inform the board about possible legal issues or concerns that may need to be considered before moving forward with any sale. No final decision will be. Is being made at this time. The study session is intended only to give the board. opportunity to ask questions discussion discuss options understand the possible legal ramifications and provide direction to ourselves our staff based on the board's directions that will determine the next steps and whether to bring this item back for future consideration

1:21:19 – 1:21:50Speaker 8

Thank you. And with that, just to let folks know the reason we want this on, I want to hear what people had to say after Mr. May's presentation based on the law, you know, what people have to say. And then secondly, the goal here, and I think it's been, and some folks got up and mentioned it today, it's been seven years. I want to move forward exactly what you said with receiving some funds from taxes, which we don't currently do. So thank you with that.

1:21:50 – 1:25:30Speaker 14

Thank you, Mr. May. Thank you, Chairman Fanning and Mr. Valdez. And you covered a couple of things that I already was going to touch on briefly at the beginning here. But first, I'm Robert May with the Santa Cruz County Attorney's Office, at least for the next 10 to 15 minutes, and then we'll see what happens. Disclaimer this is the following content presentation is not intended to be nor should be considered as legal advice get your own attorney We represent the county and the board so we advise them I I i agree hearing certainly the call of the public there is some passion about this topic and i i sometimes wonder why they're propping up the attorney for this i'm sort of reminded whether it's relevant or not of shakespeare's henry vi when dick the butcher says first thing we do is let's kill all the attorneys That said, this is a topic that certainly instills some passion and it's understandable. All right, that's your classical high point from this point, it's downhill. All right, oops, is this gonna work? All right, next slide. There we go. Due diligence. It's very important that all those who are interested in buying the lots exercise due diligence. County will initially auction 100 lots. That is the starting point. The timeframe on that is yet to be determined. Ideally, within the next few months, more information will be coming. It is imperative that any and all bidders exercise due diligence to know the lot you will be bidding on inspect the land and area inspect and review the online information about the lot which may include a title search and search of recorder documents review review the information about the lots with any mortgage company title company lender if you intend to purchase with a loan okay And wait a second. Oh yeah, there we go. All lots will be published for auction. This is by statute. This is what the county has to do. At some point the issue will be before the board that they will take action on and they will have to vote and it will require at least two out of three to vote to sell any of the lots. Under ARS 11-251 subparagraph 9, each lot will have an assessed value. Starting bid will be 90% of the assessed value and look for notice of auction. Again, they'll be put up by auction. There is no right of first refusal. I know that's been tossed out there multiple times, but under the statute, it has to be by auction to the public. more detail will come but it will be similar to the tax lien sale uh option okay next slide please there'll be yes sir i'm sorry can we go back sure the right of no There is no right of refusal.

1:25:30Speaker 19

Yes, and that's by state statute, right? Correct. Okay. I just want to clarify that.

1:25:37 – 1:29:25Speaker 14

Yes, sir. Mr. Miller, by the statute, it has to be an auction to the public. And so everyone has a right to bid on that, and then the successful bidder is the one who bids the most. Perfect. Thank you, sir. Next slide, there we go. Conveyance, all conveyances will be by, conveyed by the, to the highest bidder by quick claim deed. Quick claim deed is a very simple deed that only provides an as is. There are no warranties, guarantees, or promises. as to the lot. The winning bidder will take the lot as is and only with what rights, title, and interest the county has at the time of conveyance. Similarly, a county makes no representations that any lot conveyed by quick claim is encumbered, restricted, or otherwise burdened. Now, this is a loaded sentence in its own right. Encumbered is there's legal descriptions. with regards to What is actually encumbered? restrictions etc the county at this point really Doesn't take into much or doesn't have much of a position as far as any kind of restrictions, etc But we're going to touch on that a minute. So with that the quick claim deed is the way it will be conveyed, and any of the lot purchasers, the bidders, will take that lot as is. All right, so next slide. What about those restrictions? Many have heard about the declarations of easements, covenants, conditions, and restrictions, the DECCNR, that allegedly, well, actually, there's a record of it being filed with a recorder in 1999. These are particular restrictions, or at least alleged restrictions pursuant to the document. Next slide, please. The question may be whether they are as real as Bigfoot. The problem with these are numerous. Whether the actual DECCNR was filed correctly, whether it has any kind of standing is certainly a question in its own right at this point. Next slide. If you are not going to do anything with a lot, You really don't have to do anything about that. If you're thinking about building, improve the lot in any way, add to the lot, you may want to seek legal counsel. You may want to talk to a title company, and you may want to consider a quiet title action. Doesn't mean you have to, but it is something that if you want to put yourself at ease, those are options that you may want to consider, and again, seek legal counsel with regards to that. All right. Next slide, please. Proceed with caution. When reviewing the DECCNR and the law, there are questions including, are they valid? Are they enforceable? Are they believable? As important, issuance of any permit is not a defense to any valid and enforceable restriction, covenant, et cetera. At this point, we take no position one way or the other whether these DECC&Rs or restrictions are valid or enforceable. There's a lot of particular problems with them at this point. One second. Okay. I want to make sure I get to this.

1:29:31 – 1:31:59Speaker 14

Next slide please. That said, It, whether they're enforceable, it may take court action. The DECCNRs are private agreements, or a normal CCNR is a private agreement between the landowner and other landowners. In this case, they have a lot of questions about them. They, in many respects, have a cloud over a cloud. The history of the 1999 DECCNR certainly has its clouds. The original declarant was Rio Rico Properties, which certainly has its own interesting history. Was the original basis valid? or an evasion of the developer's legal duty. If you read the ECCNR, it certainly has some interesting declarations as to why it was actually filed, which included avoiding providing certain services to some of the lots. So was it a valid CCNR? Was there a valid common scheme? Does it exist today? 25 years of this being on record and yet there's been no enforcement of the DECCNR and certainly there have been some deviations from the original plan so did they and certainly then did they survive when the county took the the various 2,800 lots. So there are certainly a lot of questions and a cloud over this and if somebody really wants to press the issue, it's probably going to require some form of legal action. Next slide please. Ultimately, do your due diligence on this because if you are concerned about any kind of restrictions, you really should have this evaluated by a real estate attorney who is experienced in the area. All right. And one more slide. There we go. Questions?

1:32:05Speaker 14

Sometimes you don't get the answer that you're looking for, but there you go.

1:32:09 – 1:33:18Speaker 8

Okay. With that, prior to asking if any of the audience would like to comment, students, thank you so much for being here. Dr. Morales-Martinez, you don't have to stay here. You're welcome to stay here, but I know that students that it's summertime and you may have things to do. So I wanted to give this opportunity to the students. Those of you who would like to depart, you may do so. Or like I said, you can sit and watch the rest of the meeting. So before that, and then go ahead, sir. What's that? OK. Thank you so much, students. Keep up the great work. And as they're departing, what I'd like to do prior to the supervisors asking any questions is see if there's any questions from the audience or any comments or concerns. Thank you, parents, also. We forgot to say thank you to the parents. Yes, please.

1:33:22 – 1:34:46Speaker 19

Mr. Chair. I just want to thank staff and Bob for bringing this item. I think it's really important that we share this information with the public. And it's been a long road. I know Mary's sitting back there, and she had a lot to do with this. She knows the history of this, and she's been involved with this, and I thank you, Mary. It's been a real long process. I think if we walk before we run, which is what we're doing, I think, and get information out to the public, it's critical. And I thank you. I thank you for bringing this to the public and to us to make the decision down the road. I know today we're not making a decision. but down the road we will in due time. And I think it is Part of being transparent is what we're doing, getting information out. And thank you. With that said, that's all I have for now, Mr. Chair.

1:34:46 – 1:35:01Speaker 8

Thank you. So if we'd like to have, are there any questions or concerns or comments from the audience? If you'd like to, Mr. May, would you like to, so that you have access to the mic, maybe come here and then we'll let our audience members from the podium.

1:35:04Speaker 8

And as you come up, please let us know your name and your address. Thank you, sir.

1:35:12 – 1:35:23Speaker 18

Yes, sir. Just a sec. Can you ask Mary if she could join us here in the table, just in case there's a... Ms. Dahl, you have quite a bit of background knowledge.

1:35:23Speaker 8

She's willing. The institution. Some of the questions you may be able to have the best answer. Thank you, ma'am. Go ahead, sir.

1:35:34Speaker 12

Thank you. Dan Dellen, just.

1:35:37 – 1:35:49Speaker 8

I apologize for time's sake. We'll hopefully keep it to three minutes or less for each person, kind of like call to the public during this comment section. With that said, sorry. All right.

1:35:50 – 1:36:28Speaker 12

Yeah, it won't take me long. Dan Dellen, just two back. Thank you for letting me speak. Laws are often passed. Legislation can change those laws. I know that we're guided by these laws right now with this issue. I've never heard anybody recommend going to the legislatures and simply asking for relief or passing legislation to perhaps make it more workable. That's just my observation is change the law or ask for an exception. And that would solve a lot of the issues here, especially with the first refusal right. Just ask to change the law.

1:36:30Speaker 8

Thank you, sir.

1:36:32Speaker 8

Any other comments or concerns from constituents? Yes, ma'am.

1:36:40 – 1:37:37Speaker 2

I need a shorter podium. Teresa Strine with Stuart Title in Rio Rico, soon to have a second location in Nogales. I've been with Stuart Title for 23 years, and I've seen you guys basically inherited it a little nightmare. You know, it's not your fault. It's something you inherited it. But I'd like to see if before you, you know, I'm all for it. I'm all for getting these lots out there because it's going to bring more work to me. And there's a lot of good lots. A lot of them are great lots. But I'd like to see a change happen first because you know that insanity is doing the same thing over and over with no result, right? With the same result. So we don't want to make this another insanity, you know, going from one company to another and now to the county. So one thing, I don't know if you guys investigated, if you guys got a waiver on public reports. We did. Okay.

1:37:38Speaker 14

And Theresa, maybe we talk about that briefly.

1:37:41Speaker 8

Please, please explain.

1:37:43 – 1:38:03Speaker 14

The director is very clear that the county is a county, is a government, and so it's not a developer. So the intention of the act that you had raised before does not apply to the county. So the county is exempt for lack of a better term.

1:38:04Speaker 2

You actually got something from them because I got an email from them that the county was not exempt.

1:38:08Speaker 14

County is a government and not a developer and not intended to be a developer under the statute.

1:38:15 – 1:39:35Speaker 2

And then as far as the quiet title, quiet title will not take care of these CCNRs. It only takes care of clouds in the title. It only takes care of like undisputed liens and stuff like that. But to tell the public to go quiet title, that won't help these restrictions at all. um and then in the you know as part of the docket docket um 817 page 893 of the restrictions the one that concerns me is number three where it says that there will be no water provided to the law and i'm sure that's going to have to be everybody's due diligence because the water company does not have to provide water to the lot and As of now, the water company's been very difficult with a lot of builders trying to provide water or gouging them in the fees to put water, and so that's a big concern that there may not, you know, unless these get changed, and that's another thing. Number seven on that same paper says that the declarant and the 50% owner, which you guys are 50% owner or more, the county is, could change these restrictions. So my recommendation would be to change these restrictions before you ever auction so that people don't have to deal with these restrictions. Because you as a county own more than 50%, you could do that.

1:39:36 – 1:40:45Speaker 14

All right. And the DCCNR, as I mentioned before, is a private agreement. It does not affect the water company. The water company is not a party to any of a private restriction. So they're not bound one way or the other. The issue would be is whether anybody is going to enforce the restriction that already owns a lot and then a purchaser of that lot. They would be the only potential parties that could enforce between themselves. So any water company, if they want to provide water and they've been asked to do so, they could do that. And they can't be, there's no bar to it or restraining order or anything like that. the again the only restriction can be enforced between the part the persons who own lots that are within this whether these restrictions are still in effect is certainly a big question a quiet title action may actually be able to help but there would have to be uh again there's a couple of ways of doing it one is just

1:40:46 – 1:41:14Speaker 2

do nothing and go about doing what you want to do which is what some people have already done nobody stopped them yeah and they're not going to do anything with it but i'm sure there's a lot of builders that will want to build so they just need to do their due diligence like you said correct so that brings my next question if somebody really wants that lot next to them because to protect their house um and the bid is going high enough to where they can't afford it are you guys going to allow them to get a loan or does it have to be cash

1:41:14 – 1:41:31Speaker 14

Whether they get a loan, and that's again why I was referencing they need to do their due diligence and they need to ask a mortgage company or whoever, are you willing to provide me with a loan to go beyond a certain level or certain range? That's not something the county will get in the middle of.

1:41:31Speaker 2

So you would allow them to go through a title company to make the transaction to be able to pay?

1:41:35 – 1:42:01Speaker 14

Yeah, and yes, talk with title companies, talk with a mortgage company, a lender. whatever that person wants to do if they want to be prepared to bid higher than what they think they might normally be able to afford okay and my only other concern would be the property values as you know this is we get people coming here all the time and they say the reason they're coming here is because

1:42:02 – 1:42:22Speaker 2

This is where you can still buy lots cheap, but it really shouldn't. I mean, every Safford, Yuma, everywhere else, lots, you know, and this is just going to keep us from raising our prices. It's going to hurt the values of the properties, too, unless we start at a minimum, you know, a certain... I'm worried about the value of the properties going forward.

1:42:23 – 1:42:36Speaker 14

An interesting argument and thought on that, Teresa. The bottom line is the higher the property value, the more the property tax. So that's a benefit to the county and arguably to the taxpayers.

1:42:36Speaker 2

Okay, thank you.

1:42:38Speaker 8

Thank you so much.

1:42:39Speaker 2

And, you know, I'm here for support any way I can.

1:42:43Speaker 6

Thank you so much. Thank you. Thank you for your questions.

1:42:47Speaker 8

Thank you, yes. Any further questions or comments? We'll go here, and then we'll go Sheriff. So Mr. Paz, and then Sheriff Hathaway. Thank you.

1:42:59 – 1:43:54Speaker 5

I just wanted to add some clarity so that there's no... Misunderstandings out there, so when they participated in auction is it will be similar to the auction that we do. Um, no, they cannot use financing to make the purchase. It needs to be paid cash and it needs to be paid that same day, or within 24 hours, or it goes to the next bit. So there's not that flexibility. And also, again, it's important to reiterate that if they are interested in these, particularly for building on it, is that they talk to a lender first and make sure that they will be released the funds before they are able before they even start construction. because that is on them and they don't want to have a lot with a house that they think them can't finance. So again, it's critical. The biggest thing here is for everybody to do their due diligence as they are purchasing the lots for themselves and not in the interest of the county. So make sure you do your due diligence.

1:43:56Speaker 8

Thank you, sir. Sheriff.

1:44:05 – 1:45:55Speaker 7

Good morning again. I think I addressed most of my things before and Bob's presentation answered a lot of it. Just to address a little bit the issue of the people talking about the preserving the nature, natural aspects of the lot. Just a little history most of these Lots almost all of them were considered waste Lots and they could not pass a percolation test in order to build a resonance You have to show that the land can percolate a lot of them are hilltop Lots steep drop-off Lots almost all of them That's why they went into the status. They couldn't sell because they couldn't pass the percolation test For a septic system, which is required by the county I along those lines I just have a question this would be maybe something more that Mary could answer just from her historical knowledge but the the people who deal with development building permits planning and zoning in the county when they look at one of these lots lots and they see an application for anything for construction or something Does anyone know if they are going to look at the Vatare lots any different than a regular lot? Are they going to have instructions to treat these, like Bob says, these questionable pre-existing covenants, deed restrictions, as something that prevents them from approving construction? So I think Bob gave good explanation about kind of all the vagaries out there. But will the people in the county that approve building construction, things like that, you know, paving a driveway, are they going to have any special instructions on these lots? Oh, that's a Atari lot. We can't proceed on that. Or are they just going to treat it like any other lot?

1:46:01 – 1:47:13Speaker 14

Mary's actually brought this to me before the county is not cannot really Refuse to issue a permit if it meets all the other requirements the fact that there whether there is a private restriction or covenant or CCNR is not a reason for the county to deny a permit. So permits have been granted for other Vatari lots. Now, as I noted in the presentation, Sheriff Hathaway, is that a permit itself is not a defense to any kind of restriction. So if somebody gets a permit and then another neighbor who owns a Bataar a lot under the DC DCCNR wants to try to enforce that Having a permit would not be a defense now might be it could be evidence of a defense, but it would not be a defense in itself and Then they both will probably have to go to court To and see if this is a valid restriction or not.

1:47:14 – 1:51:39Speaker 7

Okay. And just having some experience on, there's a question about water and electric being installed to these lots. Having some experience on that, a lot of times the electric company and the water company will not put up a meter or an installation unless there is an approved building permit. So it may be, they look at that so people aren't just running additional meters to different parts of their property. But that's kind of dealing with a, quasi private Entity and that I think my only other thing is That this be really really well publicized I may be even the county pays for a website to put out information on this because once again back to the fear I said on the initial call of the public it said there were to be initial tranche of a hundred Lots that would come up for sale, but there's thousands of these Lots and people may be afraid that they're gonna miss their window that they're not going to notice it if they're not continually reading legal notices and lot descriptions with a fine tooth comb that it may just they're on vacation and it just goes by the wayside that piece of property next to your land comes up for auction and you didn't notice it. And when I, I think about a year ago, there was an executive session with the board on the same issue. And the only advice, I did call to the public then, my only advice was, look, whatever you conclude, make sure you communicate it either through the board or through Shannon or the county management. communicate communicate even if it's not good news you know if the property is coming up in tranches of a hundred at a time those of us in this meeting we heard that and we're now aware of that but I think if there was some information portal some way other than hey I know somebody in the county attorney's office that I can call because this is such a huge issue it's not just the issue of the people in this room there's a bunch of people that aren't here least hundreds maybe thousands of property owners in this county that own land adjacent to some of these lots so that would be my main thing is just that we communicate this stuff and also may have a hard time getting buyers if people just think they're buying a tax obligation. We talked a little bit about one of the other people on call to the public of keeping the natural aspects of the land. Well, you know, if the person is only buying a tax obligation but they can't do anything, they can't, it's a nature preserve, can't go out there, park a car, walk on it, do anything, people are going to be disincentivized to bid on these things. If if they can't use them if they're only buying a tax obligation then in their minds They may think just leave it the way it is and I've seen a lot of these lots Where in years past before the county sees them? People would pay the taxes on them that the taxes that were in arrears for three years and then file to get the lot and they still have the deed restrictions or maybe they're not like Bob said maybe they're not valid and And they have a hard time unloading them I see these lots these Atari lots all the time on Craigslist Facebook marketplace and different Realtors people trying to sell them with the perception that the deed restrictions are in place and they just They can't move them and then the next person gets it and they think well, I can't build anything on it I know some people like that that that got them before the county sees them because they paid the owing taxes on them. So that's just a little comment that I don't think it's a bad thing that people have the perception that they can use the lot. Most of them wouldn't pass a percolation test anyway, so you're not going to be able to put a house on it, but somebody might put a place for storage or a garage or just the privacy buffer, which would be like my interest. Not to take too much of your time, that's just kind of my parting thought, is publicize this real well. Come up with a way where people can read about it regularly, just late at night, like, hey, I wonder if my lot's coming up for auction, where they can pull up a website or something like that. occasionally have an article in the Nogales International and that's the only way people are getting news about this process they may miss that or they may not subscribe to the Nogales International so if there's a way that the public can intermittently check in and check the status of that lot they're interested in and I think that's it thank you thank you sir mr. chair maybe just to answer some of the sheriff's question I think we could put a map

1:51:41 – 1:52:24Speaker 18

online and put a schedule on what's coming up next it won't be perfect but at least it'll give people the idea a good idea of when their lot's coming up the reason we're trying to do a hundred lots at a time we just don't know what to expect we don't know we don't know if we're going to overwhelm the recorder's office the assessor or the treasurer those are those are three offices that will be highly impacted And then we still need internally somebody's going to handle that. So at this point, we're going to go slowly, make sure that we don't make a lot more mistakes that could be done if we unload them all at once. So I hear what you're saying. I think we could do something creative to inform the public.

1:52:25 – 1:52:49Speaker 19

MR. Mr. Chair, I agree with Sheriff Hathaway. maybe having a couple public meetings before we do make the decision. That way, and I like your idea of putting the map up there. Getting as much information out to the public would be ideal. Yeah, thank you.

1:52:50Speaker 8

Thank you, sir. Thank you. Any further comments or concerns?

1:53:00Speaker 2

In case people ask, how are you going to determine the first 100 lots? Like how are so many by area or how are you going to determine those?

1:53:15 – 1:53:55Speaker 18

We still may change our mind, but we have done an analysis based on slope. We also have a list of people who have expressed interest in buying these lots. don't I think we're just gonna choose them randomly it's not gonna be just you know one in one area I think we're just we're gonna look at the map and see how we're just randomly gonna select at this point that's the thought process thank you good question I have a question similar to that but I'll hold off yes sir I think I've spoken to Azusa or about it I think we should go like do it by subdivision

1:53:56 – 1:54:09Speaker 17

That way you could do like states 8 or states 13 or states 11. Whatever lots are within that subdivision, you can just pinpoint in that subdivision and make that sell that way. It would be a lot easier.

1:54:10Speaker 19

That's a good point.

1:54:12 – 1:54:29Speaker 8

And to that point, I think you mentioned that the assessor, the recorder, and the treasurer are going to be highly impacted, I think, maybe during the public meeting or during that discussion process that we take what they have to say into consideration.

1:54:29 – 1:55:02Speaker 17

Because that way, I mean, if you go by the cell division, you know all the lots that are material lots within that cell division. That's simpler. Also, for the assessed value part, If we're going to decide if we're going to go with the market value that we have in definite subdivision, we have the values already. So that's the value that we're going to use as a starting point of that 90% of the assessed value. That's what we're going to have to find out, too, because if we do it by subdivision, we're ready to put a value on it because we have the values by subdivision and market area.

1:55:03Speaker 18

So, Mr. Chair, not to put you on the spot, so you're thinking that before we auction them that you assess them based on the comparables?

1:55:11Speaker 19

Yes. That's a good point.

1:55:15Speaker 1

Thank you, sir.

1:55:37 – 1:55:58Speaker 14

I'll have to look at it again sheriff Hathaway, but I believe it can't be sold at that point You can't go lower than the 90% under the statute Any further comments or Yeah, if you'd like to come up to the the podium, please Have at it

1:56:09 – 1:56:28Speaker 8

That was the question that I had based on that. So do we have an answer for that? The question was we're going to do 100 at a time. What is that schedule going to be? Is it going to be a month and then next month we do another 100 next month? I think that was your question, sir. Thank you.

1:56:30 – 1:56:46Speaker 18

The thought process right now is, you know, do 100 initially. have an understanding of what it takes, and then if all goes well, hopefully doing consecutive weeks. The quicker we could do it, the better. We don't want to sit on them.

1:56:48 – 1:57:50Speaker 8

Agreed. And my philosophy in this situation is let's take the first couple rounds, if you will, and and see um at what pace they sell and at what pace we can keep up with and then kind of formulate at that point once we've done it for two three months what have you is then come up with a plan of action that we'll do it every month from here on out type of a thing but i think we're going to have to get some baseline data prior to that just to see how everything goes when we're dealing in my opinion when we're dealing with the assessor the record of the treasurer and other other departments within the county it may take a little bit more time than what you or myself would like just my personal thought any further comments from the community okay we're gonna go ahead and move to the to the board at this time supervisor muletta Supervisor Davis first. Either way.

1:57:51Speaker 8

Go ahead, sir.

1:57:53 – 1:58:04Speaker 16

Mr. May, do we know of other counties that had been through something similar than this situation they were going through?

1:58:04 – 1:59:42Speaker 14

MR. Mr. Davis, the short answer is no. This is pretty unique. And unique not so much that counties have not auctioned off properties. That's done by, I think, even the state treasurer in various counties. So auctioning off properties is not a new thing. What creates the maybe uniqueness of this is that certainly there is this particular question of whether there's any kind of restrictions or not. And I think probably to explain my Bigfoot thing is there are people who are passionate about Bigfoot and people who totally don't believe that Bigfoot exists. The same thing exists with these restrictions. There is a lot of question about them. So they will be out there and that will be a question. I think the suggestions of a more robust website and information is a great idea. That is what should happen and there should be probably a plan it sounds like there is a plan developing for starting with the hundred lots and then doing more of that as a test run or two or three and then once it looks like it's going to work with whatever auctioning system is there then you could probably increase the frequency something else and I'm sure you've thought of this but

1:59:44 – 2:00:16Speaker 16

If we move forward and people buy, like, a piece of property, I think from a legal stand, we should make sure that, I don't know, maybe people sign a release or something because maybe, like, I don't know, 20 years from now, 50 years from now, the supervisors, people would come back and say something, you know, like, I bought this, like, piece of land and stuff. So make sure that everything, like, I don't know how we're going to move forward, but it's clear you know that. So we don't pass that to future supervisors, you know?

2:00:16 – 2:01:12Speaker 14

Well, it always will be the risk because we live in a litigious society and the whole concept of a quit claim deed is you take it as is and you really have no recourse with very, very rare exceptions. And for the most part, these lots will be auctioned off as is. The bidder will know that, and the quick claim deed itself will be very clear that there's no guarantees on this, beyond the general concept and the legal concept that a quick claim deed is you take it as is, and you get no guarantees with this. So if somebody wants to, you know, have a buyer's remorse five years down the road, nothing's going to stop them from trying to litigate it. But the bottom line is it's probably going to get kicked out and dismissed.

2:01:12Speaker 8

I think that's why it's so important that we have that robust information system.

2:01:18 – 2:01:44Speaker 16

And last question. Do we know, like, for example, if these people decide to buy these properties and stuff, they're gonna be like some maybe have you thought about the possible roads and obligations that that the county that that would lead for the county like in services roads oh you know if they start developing you know like

2:01:46Speaker 14

All properties should have some access to a road. That's pretty much required.

2:01:51Speaker 16

So maybe obligation for the county will also increase due to that, right?

2:01:55 – 2:02:12Speaker 14

There will be some need for, yeah, it will be case by case. I don't know whether all the lots don't have access to a road, but there's got to be an egress, a way to get in and out. Thank you.

2:02:18 – 2:04:37Speaker 19

Thank you for bringing this critical issue up, first of all. I think it's been a long wait, right, Mary? And we can finally see a conclusion to this issue that we've had for a long time. I want to thank the community because all your questions were really good. These are really good questions. Buyer beware. We're selling it as is. Right now, we're already really battling with Liberty Water. We get calls all the time. because people that have a true lot with no issues on it are getting charged just ridiculous amount of money to get water service already. My recommendation is if I have a lot right next to my house and I'm really interested in purchasing it, I'm going to do my due diligence. I'm going to go talk to Liberty Waters. I'm going to talk to the electric company and make sure those services are going to be provided. If I'm just buying a lot to buy a lot to provide a buffer for my house, that's perfectly fine. But I think it's going to be a long process. But I think if we take it slowly and do 100 and see how our recorders, like our chairman said, and our assessors operate, and once we establish a baseline, just run with it, we'll be good with it. And I think having one or two more public comment possibilities would be great, would be ideal. And that's all I have, Mr. Chair.

2:04:38 – 2:05:47Speaker 8

Thank you, sir. I have a couple statements and a couple questions. First of all, for those folks who were told in the past, and I'm not pointing fingers, but that the folks adjacent to their property would have first right of refusal, apologize for that misinformation I know that many people I think the word passion has been used quite a bit this morning regarding this situation and I understand why so for that I apologize second I may be a little bit confused on this Bob that when you talked about community development and permitting I I think I heard you say and forgive me for my ignorance if I didn't get it right that we would not be able to withhold a permit based on that so my question with that is whose job is it to enforce that restriction if there's a current restriction on it if it's not ours

2:05:48 – 2:06:51Speaker 14

Assuming there's a private restriction like a CC&R. Correct. The only parties that have standing to enforce that are the lot owners. That would be any... anyone within that de and ccnr that's it's intended to include that does not include the government it's not a government restriction it is a private restriction it's a private contract that's between the owner of a lot uh at issue sir a purchaser and then any other person at least someone who owns a batari lot I can't remember specifically if it goes beyond that to anybody who owns a Rio Rico lot. It would only, but at least those who already own the tari lots as well as the purchaser of the, the battery lot. Those are the only parties that can enforce that restriction. The government does not enforce them and has no standing to do so.

2:06:52 – 2:07:08Speaker 8

So in actuality, like I said, I'm digging because I know other people will ask this question. So in other words, if I purchase a lot, I'm the purchaser, I'm the owner of that property, then I am the one who decides whether I can build on that property or not. Am I hearing that correctly?

2:07:09 – 2:07:45Speaker 14

For the most part, yes. And then if somebody, your neighbor, who owns a Vitari lot, at least, Says oh you can't do that because we have a private agreement and they would be have to be the one to File something or to take action It has nothing to do with the permit The permitting has to follow its own particular requirements and a permit is granted by the government in the county in this case if it meets the requirements already established for granting a permit and

2:07:48Speaker 6

Go ahead, supervisor.

2:07:49 – 2:08:00Speaker 19

If I may, and the other one could be the Vitare board, but they no longer exist, right? I'm not even sure what that, what was the Vitare board? Wasn't there like a,

2:08:04 – 2:08:25Speaker 20

Yeah, I don't know what, VITARI was a corporation, and I don't know that it's still in good standing. And we could look that up very, very easily. But I kind of don't think that VITARI exists as a corporation any longer. But anybody who wants to look it up can correct me.

2:08:26 – 2:10:49Speaker 8

There was a yes Mary reminded me there was of Atari LLC, but they probably are defunct And that question kind of raises this point in in it was up on the screen there people have to do their due diligence and I and I think If they need to speak with folks like mrs. Thrine I So I think it's important that they do so. Two other things. I think it's incredibly, incredibly important. You heard it from Sheriff Hathaway. You heard it up here. We have to do an incredible job of notifying the public. I don't know what that looks like just yet. I have my ideas. But I think it's very important that the public is notified um i i know there was some type of in fact someone showed it to me today this morning before the meeting there was um folks who went and i think dr titre was was one of those folks that years ago when they were asked you know do you want to purchase this land they said yes i i just want to make sure that if we have that data that those people i know they're they're not first right refusal i understand that but i think somehow I don't know maybe you reach out to them since they did their due diligence early on and saying that they were interested somehow find a way to allow that to make sure they're aware of the situation and what's happening I don't know if we can do that or not go ahead sir all right and chairman fanning I guess are you talking about the conservation or no no I'm talking about I think there were some years ago I don't know if it was three five seven years ago that that people who are interested in the Batari lot there was some type of survey that went out if I'm not mistaken and they mentioned that they would be interested in purchasing that land that Batari lot in the future if it became available and Yes, I just I'm hoping that we can find a way to reach out to those folks because I would assume That at least 50% of those folks are maybe still interested in doing so I think Shannon was aware of those and has that list Yes, people had registered there was

2:10:51Speaker 8

I think that was close. There's a list.

2:10:53 – 2:11:06Speaker 14

There's a list of 500. And certainly those people will be informed. And again, the robust website will probably be beneficial as well.

2:11:06 – 2:12:06Speaker 8

Along with maybe a public meetings and so forth like supervisor Melitta mentioned lastly I'd like to I'd like to propose that that We have this on the agenda every other month if that is acceptable. I don't I Don't want this to go. I don't want this to take another seven years I want this my honestly my goal and I know one of the first things I learned was that government is is not fast making decisions there's a lot of red tape but my goal is that we have some type of decision and we're starting with the with the monthly 100 if that's the direction we go prior to the beginning of next year I don't know if that's doable but that's my goal mr. chair yes sir to two comments that I have so one of the things that you heard today is that if these lots are sold it

2:12:07 – 2:13:40Speaker 18

Are they going to flood the market, right? Is it going to now give an advantage to a developer? We'll try to answer that question when we come back to you with what the strategy is. Second thing is people, you know, the law is pretty clear on the, you have to get rid of these, excess land by auction we'll investigate if there's any wiggle room and you know we'll take another look to see if if if it's a public good type of situation but you know we'll make sure and give you an answer and we'll take another look at it on the county's part what we're going to do if if that's the direction you want us to go We have maps of wildlife crossings, corridors, drainage that makes a lot of sense for the county to retain those parcels. We're going to overlay the information that we have on our parcel data, and then we're going to make that public and let everybody know these are the ones that will not be part of the auction. there will also be some questions but you know if we retain them there will be no development in there just to let you know so it has to you know I know that Chris and Colin and Ernest have been working on that for a while so we'll make that public

2:13:43 – 2:14:01Speaker 19

I have one item can we look into the possibility of financing I know Mr. Paz mentioned that it's a flat no but I'm pretty sure there's people out there that would like to see the possibility of financing if it's there

2:14:02 – 2:14:15Speaker 14

And Mr. Muller, I guess we can talk, but it's a question of whether the county wants to get into that. I know Mr. Paz had indicated it's a cash on demand type of thing.

2:14:15Speaker 19

I'm already getting looks from Mr. Paz.

2:14:18 – 2:15:47Speaker 14

I'm sure, and this is why I'm not turning around and looking. If it followed exactly the way that a tax lien foreclosure bidding goes, then Mr. Pazza would be absolutely correct. It just is required that it's an auction. Whether a different system or different parameters are established within that auction system then it may not necessarily require the cash within X number of days. But that is something to be looked at and evaluated, and there might be some variations on that. Now one other thing the developers buying loads of Vatari lots and I know Teresa brought up a very good point the developers if they bought several lots they would still be held to the statutes and they will have many requirements and they would not have necessarily the waiver that a government has so Whether developer wants to step into this one I don't know because they're going to have a lot of things that they're going to have to do Thank you, sir With that if there are no other comments or or concerns, then we will yes, sir If you could come up to the to the mic, please and state your name and your address, please.

2:15:47Speaker 8

Thank you, sir

2:15:52 – 2:16:11Speaker 11

My name is Steve Kerr, and I go by the name of Dusty. I have 16 lots altogether, some of them the Voltaire, some I bought on taxes, other ones I contacted the owners that never even saw these lots. It's a wildlife preserve that I have right now. My address, 1002 Calle Tamaulipas.

2:16:11Speaker 7

Thank you, sir.

2:16:12 – 2:16:27Speaker 11

My question is, when lots are combined, do the restrictions go away? When you have a voluntary lot and a regular legal lot and now it becomes another lot because it's been combined, do the restrictions stay or do they go?

2:16:27 – 2:17:17Speaker 14

Thank you, sir. I'm going to... I would suggest Dusty talk with an attorney on that one. I know what the general answer may be. But it gets into whether, it really gets into, and this is where the alleged restrictions, whether they're even valid or not. So you start, it just, It's an unusual well, it's not so it's the kind of question that he's dusty raises a very good question and I would Recommend that he just talked with a real estate attorney on that one. It may be a non-issue It may be something that just is out there and indefinitely Mr.

2:17:17 – 2:18:03Speaker 18

Chair, I seen a situation here locally where lots were combined. It was a Vatari lot that was combined. I believe it was a swimming pool or a patio. I don't remember the particular. When they tried to refinance, that's my understanding, in the title search or something like that occurred, that restriction came up. and stopped? I don't remember what the result was, but I don't think the loan went through. It's a mess. Yeah, it's basically a mess. So I agree with Bob. We don't have that answer, but at least the example I gave you, it got messy.

2:18:06 – 2:18:38Speaker 14

And I would and I don't I'll have to look again I don't Teresa brought up an interesting question whether a quiet title action itself. I think it does but There's also other forms of declaratory judgment that if this becomes an issue for a landowner in merging They could seek court order that says it doesn't affect anymore or that it was not a valid restriction or whatever.

2:18:40Speaker 8

Okay. Go ahead, Mrs. Thrine, and then we'll try to end with this comment here, and then we'll go from there.

2:18:46 – 2:19:05Speaker 2

Well, I can chime in on that because we've had it happen. So when they combine lots, say a lot ends in 007 and it's not a VATARI, and then the lot they're combining is 006 or whatever they're combining, if that parcel turns into 007 as they combine, then there is no restriction on that anymore.

2:19:06Speaker 8

But if it's 006...

2:19:08 – 2:19:43Speaker 2

But yeah, then it would. You just have to see how it's going to end up. But my other, I had somebody text me that's watching live asking, because part of due diligence when somebody's going to build is doing a percolation test. But nobody can just go start doing percolation tests on these lots that are going to come out for auction. So they're asking if once they do their due diligence except for that test, and they buy the lot and it doesn't perk, would the county be willing to swipe it for a different lot? Because that's going to be an issue. You don't want people going digging holes all over the place as their due diligence.

2:19:43Speaker 6

I think the assumption is all of these cannot pass the perk test. No, they can. That's why they are waste lots that were...

2:19:50 – 2:20:05Speaker 2

They can. There's been houses built on some of them before. They can. The reason why they put all these off in the beginning was to conserve water. And that's why that restriction is about no water is in there. But there's a lot of very good lots that can be built on.

2:20:05Speaker 8

And I think this lends the credibility buyer beware type of a thing.

2:20:11Speaker 2

But are you going to allow people to go dig a hole and do a PERC test as their due diligence?

2:20:15 – 2:20:39Speaker 8

I think that... That will probably take some more conversation offline. Yes, sir. I'm sorry, can you come up to the, I think that's important that people hear that. Thank you.

2:20:45 – 2:20:56Speaker 16

Good morning. I just don't want to speak on behalf of the Health Department, but there is an alternative system to which lots use when they do not percolate. So that's something they might want to talk to the Health Department about.

2:20:56 – 2:49:30Speaker 8

Thank you. Good information. Okay, with that, if there are no further comments or concerns, then we will conclude the study session. Thank you for those folks, whether it was called to the public, whether it was during this study session, thank you for your input as we move forward. At this time, I'd like to entertain a motion to recess regular session and move into executive session. second it's been moved in second and any further discussion hearing none all those in favor please signify by saying aye aye opposed abstention motion carries unanimously at this time we're in exact OK. At this time, entertain a motion to exit executive session and reconvene into regular session.

2:49:31 – 2:50:01Speaker 8

It's been moved and seconded. Any further discussion? Hearing none, all those in favor, please signify by saying aye. Aye. Motion carries unanimously. We'll move to item I, action items. Number one, discussion possible action to approve renaming De Anza Lane to Corte De Anza West, a private road in Tubac, and with the distinction that there should be a T in between the R and E in Corte.

2:50:02Speaker 19

Move to approve.

2:50:05 – 2:50:25Speaker 8

There's been a motion and a second. Any further discussion? Hearing none, all those in favor, please signify by saying aye. Aye. Motion carries unanimously. Number two, discussion possible action to approve employment contract with Jesus Valdez to renew and extend his appointment as county manager for an additional three years. Next up.

2:50:26Speaker 19

Mr. Chair, I move to approve.

2:50:31Speaker 6

Thank you. Second.

2:50:33 – 2:51:12Speaker 19

Under discussion, I just want to mention that over the last couple years, I've seen this team really improve. And Mr. Valdez has put together a great team. He's got great vision. His engineering skills have been a great asset to our organization. And it just... I am super happy to be a part of this team, including you two all. And those are my words, sir.

2:51:13Speaker 8

Thank you. It's been moved and seconded. Discussion, sir.

2:51:17 – 2:51:34Speaker 16

No, it's just that besides being the county manager, Mr. Valdez is still going to serve as the county engineer, correct? So he's going to be doing those duties. Continue to, right? Yeah, continue to be the county engineer, which I think is great.

2:51:36 – 2:52:26Speaker 8

Thank you, sir. My comments are that coming in, and I already thanked you for your guidance, especially with running meetings, but I think also many people in this county organization have helped my learning curve become less steep, and you are one of the major factors that have helped eliminated many sleepless nights at times. And, and I thank you for your for your guidance and your everything that you do for this community. I think your heart's here. So I appreciate you. With that, we'll go to a vote. All those in favor, please signify by saying aye. Aye. Motion carries unanimously. Congratulations.

2:52:26Speaker 19

Congratulations.

2:52:28 – 2:52:46Speaker 8

Number three, discussion possible action to approve settlement with USAA in case number S1200-CV2026-00654. Entertain a motion to approve.

2:52:47 – 2:53:25Speaker 8

Second. It's been moved and seconded. Any further discussion? Hearing none, we'll move to vote. All those in favor, please signify by saying aye. Aye. Motion carries unanimously. Number four, discussion possible action to approve master recruiting services agreement with full circle placement to recruit and fill a vacant deputy county attorney position responsible for managing special victims cases in the estimated amount of $25,000. Entertain a motion. from move second it's been moved in second any discussion Please, Mr. May.

2:53:25 – 2:54:38Speaker 14

Thank you, Chairman Fanning. This is a late entry. The county attorney's office has had quite the frustration. And with the leaving departure back in March of deputy county attorney, then there were arrangements made but they were rather pricey and I know the chief deputy had worked diligently to put the job out there and thought that there was one to two potential people that were going to accept the offers and then at the very very last minute in fact I believe Friday then reneged And so it's been creating a clear problem. So these this is a headhunter kind of organization and Want to give them a try there's no Financial obligation unless they actually find somebody so they have the incentive and that's crucial that's I I can live with that Is this a budgeted item

2:54:40Speaker 8

Which is not a budgeted item.

2:54:43Speaker 3

Mr. Chairman, members of the board, this is not a budgeted item.

2:54:46 – 2:54:57Speaker 8

OK. In the future, I'd just like a little bit more discussion. I mean, prior to this and maybe during the budget talks. So with that.

2:54:58Speaker 6

OK. Any further discussion?

2:55:02 – 2:56:32Speaker 8

Hearing none, all those in favor, please signify by saying aye. Aye. Opposed? Motion carries unanimously. At this time, I accept a motion to recess regular session and move to the jail district. So moved. second it's been moved in second and any further discussion hearing not all those in favor please signify by saying aye aye opposed abstention motion carries unanimously we are now in jail district number one and this is omitting number two as it was discussed at the beginning of this meeting so we're going to be voting on number one and number three discussion possible action for authorization to fill vacant detention officer position um do i have a motion to move second it's been moved and seconded any further discussion is this a budgeted item mr chairman members of the board this is a budgeted position thank you sir any further discussion Hearing none, all those in favor, please signify by saying aye. Aye. Motion carries unanimously. We're moving to number three, discussion possible action for authorization to reimburse the general fund for actual indirect costs by the jail district pursuant to ARS 48-4024 in the amount of $457,793. Do I have a motion to accept? Move to approve. It's been moved and seconded any further discussion under discussion.

2:56:32 – 2:56:46Speaker 19

I just want to thank the Sheriff's Department for starting to pay back the funds we use out of the general fund to assist the jail fund during those bad years

2:56:48Speaker 8

I concur. Sir, anything? No, I agree.

2:56:53 – 2:59:33Speaker 3

This is a step in the right direction. Mr. Chairman, members of the board, if I may, I just want to go over the details of that statute. It's actually two items that that statute One is the maintenance of effort, okay? So the maintenance of effort, once a jail district is established, it requires the county's general fund to assist, pay basically a certain amount of funds into the jail district on an annual basis. And it's based on a formula that has to be calculated on current assessed values and the inflation rate. So it's a formula that changes every year. That's one piece. The second piece out of that statute is the indirect cost. Two completely different items. The indirect cost, those are the items that are, for example, that we fulfill as an organization to the jail district. We provide any way from finance services, legal services, HR services, IT services. So the county conducts what's called a cost allocation plan every year to determine those costs. And it's based on square footage and it's based on FTEs, full-time employees. So they come up with these amounts. And those are the amounts that the jail district was given for this particular year, this 457,793. This is the action that we're requesting the board to consider to pay back for the indirect cost. This is not for the means of effort. The means of effort is separate. two meetings before this last month, the board approved that we hire bond counsel to review that request of the repayment back. Because that involves the investors, that involves a lot of different areas that we're working with that bond counsel to identify when we can start that repayment of that additional money that county's general fund paid to the jail district throughout all those years just want to make it clear this is a separate thing this is the indirect cost that we're asking for and in the means of effort once we conclude with the discussion with bond counsel and of course our legal department reviews and management will come to the board at that time for that particular situation to pay back that means of effort thank you for that information

2:59:35 – 3:00:39Speaker 8

Any further discussion? Hearing none, we'll move forward with the vote. All those in favor, please signify by saying aye. Aye. Motion carries unanimously. At this time, entertain a motion to exit jail district and reconvene into regular session. So moved. Second. Moved and seconded. Any further discussion? Hearing none, all those in favor, please signify by saying aye. Aye. Motion carries unanimously. And we're going to move to item K, consent agenda. Do I have a motion to approve consent agenda number one through number 15? Move to approve Chicken it's been moved in second in any further discussion Hearing none all those in favor. Please signify by saying aye aye opposed Motion carries unanimously and with that we only have L do I have a motion to adjourn? move second it's been moved and seconded any further discussion hearing none it's unanimous we are adjourned congratulations sir

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.