Supervisors pass resolution pertaining to assisted living facilities and guest houses

The new legislation requires that if counties have regulations that restrict the distance between assisted living homes, the county shall establish an administrative procedure in which a deviation from the separation requirement may be granted as a reasonable accommodation under the Fair Housing Act. As a result of this law, Planning and Development Services Staff recommended that the Navajo County Zoning Ordinance be updated to ensure compliance with this law.

“What we’ve recommended in order to bring compliance with that statute is that we add a section named ‘Reasonable Accommodations’ under our Group Homes for the Disabled, in which someone can supply a letter showing that they meet the intent,” explained Manager of Planning & Development Services Cody Cooper.

During the 2025 Arizona legislative session, House Bill 2928 was signed into law as well. This law has been passed regarding accessory dwelling units (ADUs) and requirements for counties regarding regulation of these dwellings. The new legislation requires the following: Counties shall adopt regulations that allow an ADU on any lot or parcel where single-family dwellings are allowed; at least one attached and one detached ADU as a permitted use on all parcels; and a minimum of one additional detached ADU as a permitted use on a lot or parcel that is one acre or more in size.

After the presentation, the board held a public hearing for the consideration and adoption of the resolution to update to Section 1916, assisted living home administrative procedures Sections 502, 602, 702, and 1917, guest houses/accessory dwelling units; and Article 23, definitions of the Navajo County Zoning Ordinance. There was no public comment and the resolution was approved by the board.

The board then entered into an executive session to receive legal advice from its attorney regarding the multi-state opioid litigation pending in federal court against multiple manufacturers, distributors and retailers of prescription opioid medications. Following the executive session, the board approved the Purdue/Sackler and G8 settlements, the Purdue Reorganization Plan and authorized counsel to execute the appropriate participation packages on behalf of Navajo County and to vote “yes” on the Purdue Bankruptcy Reorganization Plan.

The board also made a proclamation declaring Sept. 8 through 14 as National Patriotism week. During call to the public, Holbrook Elks Lodge No. 2450 Exalted Ruler Cindy Allen presented a certificate of honor for properly flying the flag of the United States of America to the board and thanked the board for making the proclamation.

Antelope Valley resident Nani Jacobson with the Civil Integrity Alliance also spoke during call to the public. “I am here with several residents to discuss the grievance sent to you by email and certified mail on July 22, of this year regarding the passage of Resolution 17-2025,” Jacobson stated, explaining that the resolution introduced large changes to the zoning ordinance, noting Article 12 especially. The resolution pertains to a comprehensive update to the Navajo County Zoning Ordinance, with Article 12 of the resolution focusing on renewable solar and wind energy. Jacobson stated she and the other residents who share her views have been unsupported and ignored in their requests for having items being added to meeting agendas as well as work sessions.

Evangeline Adkins, who lives in Snowflake and is also a member of the Civil Integrity Alliance, made similar statements about the grievance. Adkins stated there was inadequate public notice for the ordinance and stated the board adopted it July 24, of this year. It should be noted that there was no Board of Supervisors meeting on that date, but there was one on June 24, during which this item was discussed.

Lisa Vincenti of Heber and a member of alliance, addressed the board as well, pressing on the matter of no response to outreach made by alliance members. “Residents wanting public discussion have either been told its not time or met with silence.”

In The Tribune’s coverage of the board meeting June 24, Project Manager Cody Cooper stated that staff conducted outreach efforts through listening sessions, work sessions and online public comments, which influenced the updates made to the ordinance. Three listening sessions were held in Show Low, Heber and Joseph City, as well as three Board of Supervisor work sessions convening Nov. 12, 2024, Feb. 11, 2025, and May 13, 2025, according to county records. Three county residents spoke during the meeting where the resolution was approved, all of which were in favor of the changes being implemented, with none speaking against.

Vincenti ended her statements saying, “We respectfully request the Board of Supervisors pause implementation of the Navajo County Zoning Ordinance Article 12 until a major planned amendment can be properly conducted.”

Vincenti then read comments from fellow Heber resident and alliance member Robert Gorres, who could not be in attendance. His comments were regarding the grievance letter and its purpose. In his remarks, Gory questioned what he named as the three supervisors representing Native Americans asking, “Why is there no effort to have the windmills on reservation land? With a reported county income from existing windmills being 10% of the county’s hundreds-plus million-dollar budget, that wealth could be coming from your constituents by having windmills in your districts. Obviously, you have a good reason for not wanting them on your land… There needs to be respect for the land and for the animals on the land, the birds in the air and the people living on the land

Following these remarks, Chair Jason Whiting noted that during call to the public, board members may not respond to any comments but may respond to criticism. He encouraged those who spoke to speak with staff to gain a better understanding of what’s legally required of the county and was done to inform the public. “There were a number of accusations or complaints talking about notice of meetings and those types of things. I would encourage you to talk to staff to get a better understanding of what we are legally required to do, how we actually and so that you have an understanding of where you should be looking for that, to make sure you’re aware of it and when it happens,” he said, adding “Go and talk to staff about how we went above and beyond; where we gave all kinds of opportunity for people to come and gather and publicly speak, as well as for those that didn’t have an opportunity to be able to go to those, to share their voice and make sure that those were all considered as part of this process and how it took over a year to come to this place. Now you’re coming after the year of gathering that information and saying people weren’t heard.” He continued, saying, “You may not like that you missed the boat… but you may have missed the boat.” Whiting reiterated that they may have valid concerns but that the county went above and beyond to ensure that all voices were heard. He then thanked them for bringing their concerns to the board.

The board received a presentation on the county’s 2025 CARE Committee Scholarship Program. The committee is a group of volunteer county employees and is funded by employees who donate a dollar or more a paycheck, which is used to support fellow county employees in need. The committee hosts a photo and essay contest yearly to provide scholarships for employee’s children pursuing higher education. This year’s winners are Lacy Gayle Deets, Ian Fish and Socorro N. Pacheco.

In other business, the board:

* Approved tax exemptions filed as a request for redemption of waiver.

* Approved contracts signed by County Manager Bryan Layton pursuant to Board of Supervisors Resolution: Contracts for Professional Services with indigent defense attorneys. The following professional service contracts for indigent defense services were signed by the County Manager: Adam Zickerman, felony; Sean Kautenburger, felony; Daniel B. Kaizer, felony; Lee Phillips, felony; Adam Zickerman, appeals; Jennifer Booth, appeals; Adam Zickerman, misdemeanor; Brett Rigg, misdemeanor; and Nick Patton, guardianship and conservatorship.

* Approved contracts signed by the county manager/assistant county manager for a contract amendment for administrative building public service counters limited architectural services with JWA, LLC. to renew an existing contract for another year with all other terms remaining the same.

* Approved the University of Arizona Appropriation of County Funds for FY 2025-26 for the Cooperative Extension Program in the amount of $23,000. This is a budgeted expense.

* Accepted the 2023 Help America Vote Act (HAVA) Election Security Grant awarded to Navajo County Elections office in the amount of $83,749 provided by the Secretary of State. The funds, based on voter registration in the county, will be placed in an interest-bearing account.

* Approved a resolution to cancel the Nov. 4, elections for water improvement districts for Pinedale, Porter Mountain and Sky-Hi Retreat, and appointing and/or deeming positions vacant. Douglas Davis and Paula Hensley were appointed to the Porter Mountain Domestic Water Improvement District, Bruce Sparrow and Sheryl Temple appointed to the Sky-HI Retreat Domestic Water Improvement District, and David Bollschweiler appointed to the Pinedale Domestic Water Improvement District along with the remaining two positions deemed vacant.

* Approved the appointment of Joan Audrey Harden and Debra Ann Coad as Democrat Precinct Committeemen for their respective precincts, valid through Oct. 1, 2026.

* Approved a contract amendment to extend the contract for Parcel Fabric GIS services by Bruce Harris and Associates, Inc. for one year. The contractor is in concurrence and will renew with no cost increase to the current contract.

* Approved a contract amendment to Wilson & Company professional services contract for the Joseph City Pedestrian Improvements Project to provide post-design services in support of the project during the construction phase.

* Approved a contract amendment for the Navajo County Code Enforcement Facility architectural and engineering services to extend the contract with JWA Architects, LLC. for one additional year.

* Approved a contract amendment to the HDR Engineering Task 3 Winslow Levee Survey extending the contract for three additional months to allow for the work to be completed. The contract sum is not modified.

* Approved FY 2025 Equitable Sharing Agreement and Certification annual report. The report reflects last fiscal year’s expenditures and revenues for Federal asset forfeiture funds received through the Department of Justice and the Department of the Treasury. Justice funds received resulted from joint investigations with the Drug Enforcement Agency, Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, US Postal Inspection, and Food and Drug Administration. Treasury funds resulted from joint investigations with U.S. Immigration & Customs enforcement, the Internal Revenue Service, Secret Service, and US Coast Guard and Customs. All funds are used for law enforcement operations and investigations, training, equipment, joint operations, awards and memorials, and drug awareness programs. The annual report serves as an audit of the expenditures made, assuring they are being spent per the Equitable Sharing Guidelines.

* Approved FY 2026 Office of the Attorney General Victims’ Rights Program Grant in the amount of $14,800 for the Navajo County Sheriff’s Office (NCSO). Funds will pay for approximately 28% of the VR Secretary’s salary and Employee Related Expenses.

* Approved of a policy manual update for the removal of Policy 2.13 – D (Schedule for Progression within Salary Range).

* Approved sympathy letter for the family of Trent Adams.

* Approved an Intergovernmental Agreement (IGA) between the NCSO and White Mountain Apache Police Department (WMAPD) for a cross-jurisdictional agreement. The agreement works to help WMAPD enforce the Tribe’s own laws within the boundaries of the Fort Apache Indian Reservation and engage in hot pursuit of state suspects across the reservation boundary lines, and for WMAPD to pursue suspects across the State boundary line and to assist NCSO officers in enforcing state law within the county, when appropriate.

* Approved an IGA between Navajo County and Teesto Chapter for assistance with routine maintenance of heavy equipment for $4,000.

* Approved Attachment G to the Navajo Nation IGA for assistance with gravel material for N8065 in the amount of $99,480. During inclement weather, the road becomes muddy and unpassable. The placement of eight miles of gravel will help in stabilizing the roadway surface. This route is primarily used by school buses, work commuters, first responders and residents. Labor and maintenance work will be performed by Navajo Department of Transportation. This is a budgeted expense.

Convening as the Navajo County Library District, the board:

* Approved a Memorandum of Understanding between the Navajo County Library District and Woodruff Community Library, for the purpose of contracting for services.

Convening as the Victory Heights Road Maintenance District, the board:

* Approved an amendment to the Victory Heights Road Maintenance District contract to extend it for one additional year with no price increase.

The following day, Aug. 27, the board held a special meeting where they approved the adoption of the Fiscal Year (FY) 2026 Tax Rates and Levies for the County Education District for Navajo County. The tax rates previously approved by the board contained an error. The County Education District tax rate and levy were based on the FY25 statutorily set rate and have been changed to the correct, FY26 rate.