Following an executive session to discuss an agreement that would modify the agreements between the town of Snowflake and Copperstate Farms, LLC, and the town and Mountain Time Management at the Tuesday, Oct. 11, council meeting, Mayor Tom Poscharsky moved “that the city manager and town attorney be instructed to work out an amendment with Copperstate Farms, LLC and Mountain Time Management to modify Section 4B and Section 5 pursuant to amendment number one, removing the fee that is being challenged by the attorney general, or may be violating the statute and constitution of the state of Arizona.” The motion passed unanimously.
The mayor provided the following written statement explaining the council action:
“Last night the town council unanimously voted (7-0) to authorize the amendment of the two agreements to modify Section 4B and Section 5 to remove the fee provision that the Attorney General said ‘may’ be in violation of Arizona law in order to mitigate ongoing costs and bring the Attorney General’s action to closure.
“Under this new law the town would be fined by the Arizona Supreme Court $2,400,000 in state shared revenue if the court agreed with the Attorney General. The new law also requires a bond equal to half this amount in order to proceed with an action at the Supreme Court contesting his ‘may’ finding. If the Attorney General had found that we had violated the law, such consequences would be automatic. In effect it triggers an automatic death penalty for any county or municipality in Arizona regardless of the severity of the offense, all triggered by any Arizona House or Senate Member, with or without probable cause.
“Our accountants would have to issue an ‘ongoing concern’ qualified opinion, clouding our ability to survive as a municipal entity. Snowflake would be the Detroit of Arizona, all because we were trying to find more work opportunities and sources of revenue for the town.
“This action to end the ongoing controversy under the new law in no way indicates any agreement by the town with the finding of the AG as to a violation on the part of the town or any concurrence by the town or its various attorneys as to the constitutional validity of this new statute, the lack of wisdom by the legislative and executive branches in enacting it into law, as well as the over reaching by the AG beyond the allegations made by Mr. (Paul) Boyer under the new statute.
“The members of the Arizona Senate and House of Representatives that voted for this law should not be re-elected if they continue to support this new law. The Legislative Branch needs to repeal this law at the beginning of the next session.”
The law referred to by the mayor is Senate Bill 1487, now known as 41-194.01, which went into effect Aug. 6, and allows any member of the Arizona Legislature to request the Arizona Attorney General’s office investigate any ordinance, regulation, order or other official action adopted or taken by the governing body of any county, city or town that may have violated the law.
Boyer is a legislator from District 20, which covers parts of north Phoenix and Glendale. The request to Boyer came from Ken Kreiger, a Peoria chiropractor who was under disciplinary action in 2006 and surrendered his license. Kreiger said that he is concerned about the effect marijuana will have on the state.
Boyer filed four complaints to the Attorney General at Kreiger’s request. Three of those complaints were regarding violation of open meeting law and the attorney general found there was no basis for the complaint; however one complaint was regarding a special tax that “may” violate the law, which if the AG found Snowflake in violation would cause it to lose its shared revenue funds.
In order to prevent the loss of shared revenue the council voted unanimously to modify the agreement and remove the fee.
In other business, the town held the second reading and approved Ordinance No. 2016-04, Rezone of Residential 1 Acre property to Residential Transitional. The property is located at 63 W. Flake Ave., and is owned by Jace Baum.
