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Consent Agenda Item 3. G.

Regular BOS Meeting

Meeting Date:	10/30/2018
Submitted For:	Scott Buzan	Submitted By:	Marian Sheppard, Clerk of the Board
Department:	Community Development

Information

Request/Subject

Gila County Board of Adjustment Reappointments.

Background Information

Bill Marshall and Mickie Nye serve on the Gila County Board of Adjustment. Their terms of office expire on December 31, 2018. Through the end of their current terms of office, Mr. Marshall will have served 1 year and 7 months on this governing board, and Mr. Nye will have served 4 years. Mr. Marshall represents Supervisor Humphrey's district and Mr. Nye represents Supervisor Cline's district. Supervisors Humphrey and Cline would like to reappoint Mr. Marshall and Mr. Nye, respectively, to the Board of Adjustment for another term of office. Mr. Marshall and Mr. Nye have indicated their willingness to continue serving on this board.

Evaluation

It was recently discovered that in accordance with Arizona Revised Statute § 11-816, the Board of Adjustment should only have 3 members instead of 5 five members because the Board of Supervisors has chosen to have one Board of Adjustment that serves the entire County and only one member may represent a particular Supervisorial District. At the request of Supervisor Martin and Supervisor Humphrey, respectively, Don Ascoli and Terry Otts have been notified that their appointments to the Board of Adjustment will be rescinded by the Board of Supervisors in order to meet the statutory requirement.

Supervisor Humphrey has asked Mr. Marshall to continue serving on the Board of Adjustment to represent his district. Supervisor Cline has asked Mr. Nye to continue serving on the Board of Adjustment to represent his district. Mr. Marshall and Mr. Nye have indicated their willingness to be reappointed by the Board of Supervisors to serve on the Board of Adjustment for another term of office. Per Arizona Revised Statute § 11-816, the term of office for this board is 4 years and the terms must be staggered. To assure there are staggered terms for the 3 remaining members, a one-time adjustment is being made to Mr. Marshall's term so both his and Mr. Nye's terms don't end on December 31, 2022. Mr. Marshall's term will be for 3 years and Mr. Nye's term will be for 4 years.

Conclusion

The Board of Supervisors needs to rescind the appointments of Don Ascoli and Terry Otts on the Gila County Board of Adjustment so that there are only 3 members versus 5 as required by A.R.S. § 11-816; and consider Supervisor Humphrey's recommendation to reappoint Bill Marshall for the term beginning January 1, 2019 through December 31, 2021 (a one-time adjustment), and Supervisor Cline's recommendation to reappoint Mickie Nye for the term beginning January 1, 2019, through December 31, 2022.

Recommendation

Scott Buzan, Community Development Division Director, is requesting that the Board of Supervisors rescind the appointments of Don Ascoli and Terry Otts on the Gila County Board of Adjustment; and consider reappointing Bill Marshall and Mickie Nye for another term of office.

Suggested Motion

Approval to rescind the appointments of Don Ascoli and Terry Otts from the Gila County Board of Adjustment for the purpose of reducing the size of the Board from 5 members to 3 members to be in compliance with A.R.S. § 11-816; and reappoint Bill Marshall for the term beginning January 1, 2019, through December 31, 2021, and Mickie Nye for the term beginning January 1, 2019, to December 31, 2022.

Attachments
Board of Adjustment-Updated List