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259099 characters
Board Members
Clint Hickman, Chairman, District 4
Jack Sellers, Vice Chairman, District 1
Thomas Galvin, District 2
Bill Gates, District 3
Steve Gallardo, District 5
County Manager
Joy Rich
Clerk of the Board
Juanita Garza
Meeting Location
Supervisors' Auditorium
205 W. Jefferson
Phoenix, AZ 85003
"The mission of Maricopa County is to provide
regional leadership and fiscally responsible,
necessary public services to its residents so
they can enjoy living in healthy and safe
communities”
FORMAL MEETING
MINUTES
BOARD OF SUPERVISORS
Maricopa County, Arizona
(and the Boards of Directors of the Flood Control District, Library District,
Stadium District, Improvement Districts and/or Board of Deposit)
Table of Contents
Board
Page
Board of Supervisors
1
Improvement District
107
Flood Control District
108
Library District
111
Stadium District
No Meeting
Board of Deposit
No Meeting
Wednesday, January 25, 2023
9:30 AM
Formal Meeting Minutes
01/25/2023
Page 2 of 113
BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES
Chairman Hickman opened the meeting and asked the Clerk to call the roll.
1.
ROLL CALL - LISTA
The Board of Supervisors of Maricopa County, Phoenix, Arizona, convened in a Formal session
on Wednesday, January 25, 2023, in the Supervisors’ Auditorium, 205 W Jefferson, Phoenix, AZ
85003, with the following members present: Clint Hickman, Chairman, District 4; Jack Sellers,
Vice Chairman, District 1; Thomas Galvin, Supervisor, District 2; Bill Gates, Supervisor, District 3;
Steve Gallardo, Supervisor, District 5 (entered late). Also present: Juanita Garza, Clerk; Joy Rich,
County Manager; Andrea Cummings, Legal Counsel; Kelly Gardiner, Minutes Coordinator.
2.
INVOCATION - INVOCACIÓN
Chairman Hickman introduced his guest from District 4, Darren Gerard, Planning
Division Manager with Planning and Development. Mr. Gerard offered the invocation
3.
PLEDGE OF ALLEGIANCE - JURO FIDELIDAD A LA BANDERA
Mr. Gerard led the Pledge of Allegiance to the flag.
4.
PET SHOWCASE BY MARICOPA COUNTY ANIMAL CARE AND CONTROL -
PRESENTACIÓN DE ANIMALES DOMESTICOS POR EL DEPARTAMENTO DE
CONTROL Y CUIDADO DE ANIMALES
Kim Powell representing Animal Care and Control, introduced Tanya, a one-year-old,
42-pound dog. Ms. Powell said Tanya is good with other dogs, children and would make
a good family dog
Chairman Hickman asked the Clerk if there were any announcements or corrections to
the agenda. The Clerk said there was one announcement and one correction. Item 8,
Marco’s Auto Repair, has been taken off the Consent Agenda and moved to the
Regular Agenda. Regarding item 43, The Application for Brooksee Fireworks
Display, there is a time correction. The agenda reads “6:30 p.m.” The correct time
is 6:30 a.m.
~ Supervisor Gallardo entered the meeting ~
PLANNING AND ZONING HEARINGS - AUDIENCIAS DE PLANIFICACIÓN
Y DESARROLLO
***The Board of Supervisors will now consider matters related to Planning and Zoning.***
PLANNING AND ZONING CONSENT HEARINGS - AUDIENCIAS DE CONSIENTA
5.
GRANITE VISTA PHASE 2J REPLAT
Case #: S2022006
Supervisor District: 4
Applicant / Owner: Dan Recker/ Sunset-Tartesso, LLC
Formal Meeting Minutes
01/25/2023
Page 3 of 113
Request: Replat for 59 residential lots and 5 tracts in the R1-7 RUPD PAD zoning district
Site Location: Generally located ½ mile southeast of the southeast corner of Olive Ave. and
Citrus Rd. in the Glendale area
Recommendation: Approval
(C-44-23-178-X-00)
Chairman Hickman asked the Clerk if there were any registered speakers or comments
received for items 5-7. The Clerk said none were received.
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
6.
BROWN RV & BOAT STORAGE
Case #: Z2020049
Supervisor District: 1
Applicant / Owners: Jeff Welker, Welker Development Resources / D&S Real Estate
Management LLC
Request:
Special Use Permit (SUP) for RV & Boat Storage and carnival business
storage of semi-trucks and trailers in the Rural-43 zoning district
Site Location: Generally located ¼ mile northeast of the northeast corner of Arizona Ave.
and Appleby Rd. in the Chandler area
Commission Recommendation: On 12/8/22, the Commission voted 9-0, to recommend
approval of Z2020049 subject to conditions ‘a’ – ‘h’:
a. Development of the site shall be in substantial conformance with the Site Plan entitled
“D+S Real Estate Management Brown RV Storage”, consisting of 1 full-size sheet, dated
revised August 2, 2022, and stamped received October 5, 2022 except as modified by the
following conditions. Staff may determine slight refinements to remain in substantial
conformance with the approved site plan. Minor and major amendments to the site plan will
be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance.
b. Development of the site shall be in substantial conformance with the Narrative Report
entitled “Brown RV & Boat Storage”, consisting of 7 pages, dated revised September 23,
2022, and stamped received October 5, 2022, except as modified by the following conditions.
c. The following Planning Engineering conditions shall apply:
1. Engineering review of planning and/or zoning cases is for conceptual design only and
does not represent final design approval nor shall it entitle applicants to future designs that
are not in conformance with Section 1205 of the Maricopa County Zoning Ordinance and the
Maricopa County Drainage Policies and Standards.
2. All development and engineering design shall be in conformance with Section 1205 of the
Maricopa County Zoning Ordinance and current engineering policies, standards and best
practices at the time of application for construction.
Formal Meeting Minutes
01/25/2023
Page 4 of 113
3. At the time of application for building permit(s), detailed grading and drainage plans must
be provided.
4. The site is located in a Special Flood Hazard area AH. A floodplain use permit is required
and will be prepared by the Plans Examiner Engineer for the Building permit submittal.
5. The expansion portion of the site is in an AH floodplain. Compensatory volume is required
for all material (dirt, rock, pavement, etc.) or structures that are added to the site.
Compensatory volume can be created by removing dirt from the site in equivalent volume to
the material being added. Submit a Drainage Report that clearly describes how the
compensatory volume will be attained with the first building permit submittal.
6. All improvements outside of the property line will be removed from the railroad and/or
other properties as shown on the grading & drainage plan.
d. This special use permit is valid for a period of 10 Years and shall expire on January 25,
2033 or upon termination of the use for a period of 90 or more days, whichever occurs first.
All site improvements associated with the special use permit shall be removed within 90 days
of such expiration or termination of use.
e. A single double-faced lighted monument sign is allowed at a maximum height of 12’ as
identified on the site plan. The lighting shall conform with the Maricopa County Zoning
Ordinance Article 1401.3.3 General Sign Regulations – Sign Lighting. The sign shall not be
lit between 10:00 p.m. – 6:00 a.m.
f. Prior to issuance of a building permit, written confirmation will be required from the
emergency fire protection jurisdiction having authority that the facility has been designed in
accordance with their regulations and requirements, and that emergency fire protection
service will be provided to the facility. Prior to issuance of the certificate of occupancy, local
fire protection jurisdiction review and approval will be required.
g. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a
revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance.
h. The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to enjoy
uses in excess of those permitted by the zoning existing on the date of application, subject
to conditions. In the event of the failure to comply with any condition, and at the time of
expiration of the Special Use Permit, the property shall revert to the zoning that existed on
the date of application. It is, therefore, stipulated and agreed that either revocation due to
the failure to comply with any conditions, or the expiration of the Special Use Permit, does
not reduce any rights that existed on the date of application to use, divide, sell or possess
the property and that there would be no diminution in value of the property from the value it
held on the date of application due to such revocation or expiration of the Special Use Permit.
The Special Use Permit enhances the value of the property above its value as of the date
the Special Use Permit is granted and reverting to the prior zoning results in the same value
of the property as if the Special Use Permit had never been granted.
(C-44-23-170-X-00)
Motion to concur with Planning Commission recommendation for approval subject to
conditions ‘a’ through ‘h’ by Supervisor Jack Sellers, seconded by Supervisor Steve
Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Formal Meeting Minutes
01/25/2023
Page 5 of 113
7.
CALIBER FOUR POINTS
Case #: Z2022035
Supervisor District: 1
Applicant / Owners: Taylor Earl, Earl & Curley, P.C. / Elliot & 51st Street LLC/Uptown Square
LLC/Southpointe Holdco LLC
Request:
Zone Change with Overlay from C-2 to C-2 CUPD to allow for a new multi-
family residential development along with the adaptive reuse of an existing 6-story hotel into
multifamily dwellings
Site Location: Generally located at the SWC of Elliot Rd & Interstate-10 in the
Ahwatukee/Phoenix area
Commission Recommendation: On 12/8/22, the Commission voted 9-0, to recommend
approval of Z2022035 subject to conditions ‘a’ – ‘i’:
a. A Plan of Development is approved subject to site plan entitled “Conceptual Site Plan for
Caliber – Four Points“, consisting of 2 full-size sheets, dated January 2022, and stamped
received October 27, 2022, except as modified by the following conditions. The Plan of
Development may be amended administratively under separate application as long as the
amendment complies with the established CUPD development standards as approved by
the Board of Supervisors. Staff may determine slight refinements to remain in substantial
conformance with the approved site plan. Minor and major amendments to the site plan will
be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance.
b. Development of the site shall be in substantial conformance with the Narrative Report
entitled “Caliber – Four Points”, consisting of 16 pages, dated August 31, 2022, and stamped
received October 27, 2022, except as modified by the following conditions.
c. The following Planning Engineering conditions shall apply:
1. Engineering review of planning and/or zoning cases is for conceptual design only. All
development and engineering design shall be in conformance with Section 1205 of the
Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain
Regulations for Maricopa County; MCDOT Roadway Design Manual; and current
engineering policies, standards and best practices at the time of application for construction.
2. Based on the conceptual design nature of the information submitted, changes to the site
layout may be necessitated by the final engineering design of the site’s drainage
infrastructure.
3. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the
application for Building Permits.
4. At the time of the Building Permit, the applicant must demonstrate how off-site flows will
be conveyed along the east side of the site at the parking area north of the existing billboard.
Historic flows must be maintained.
5. 51st Street is within the jurisdiction of the City of Phoenix. The applicant will be responsible
for coordinating with the City to review any traffic impact, right-of-way dedication, permitting
or roadway improvement requirements.
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01/25/2023
Page 6 of 113
6. Given the site’s proximity to I-10, the applicant should inquire of any concerns with ADOT
via their red-letter process (email redletter@azcot.gov).
7. The subject site is located within the County’s Urbanized Area. A Storm Water Pollution
Prevention Permit (SWPPP) from the County will be required prior to issuance of any
construction permits. This does NOT preclude the requirement to obtain a Notice of Intent to
Discharge (NOID) from the State (ADEQ), as may be required.
PND Transportation Plan Review R/W Information:
51st Street (City of Phoenix Jurisdiction)
a. Current Classification: Per City of Phoenix
b. Future Classification: Per City of Phoenix
c. Existing R/W: 30 Feet
d. Ultimate R/W:
Per City of Phoenix
d. Prior to initial construction permit, the applicant shall provide the Maricopa County
Planning and Development Department with an executed pre-annexation service agreement
with the City of Phoenix that details either a timeline for annexation, or an agreement to
provide water and sewer service. In lieu of pre-annexation service agreement the developer
must provide a ‘will serve’ letter from the certificated water and sewer provider(s).
e. The following C-2 CUPD standards shall apply:
1. Maximum Height: 61’ existing hotel tower only
2. Minimum Side Yard: 0’ between Parcel 1 and Parcel 3
3. Minimum Rear Yard: 0’ between Parcel 1 and Parcel 3
4. Parking: 1.68 per dwelling unit; 20% reserved guest parking and 5% reserved ADA totaling
376 parking spaces.
5. A minimum 10-foot-wide landscape setback shall be provided along the south property
line.
6. A pedestrian access connection to nearest public sidewalk shall be provided along 51st
Street.
7. The sidewalk along 51st Street shall be shaded.
8. Bicycle parking for residents shall be provided, up to 20.
9. The landscape setbacks shall be planted at a minimum with 50 percent 2-inch caliper large
canopy shade trees and 50 percent 3-inch caliper large canopy shade trees, planted 20 feet
on center or equivalent groupings, with five 5-gallon shrubs per tree and appropriate ground
cover
f. Prior to issuance of the initial building permit, written confirmation will be required from the
emergency fire protection jurisdiction having authority that the facility has been designed in
accordance with their regulations and requirements, and that emergency fire protection
service will be provided to the facility. Prior to issuance of the certificate of occupancy, local
fire protection jurisdiction review and approval will be required.
g. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a
revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance.
h. The property owner/s and their successors waive claim for diminution in value if the County
takes action to rescind approval due to noncompliance with conditions.
i. The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to enjoy
uses in excess of those permitted by the zoning existing on the date of application, subject
to conditions. In the event of the failure to comply with any condition, the property shall revert
to the zoning that existed on the date of application. It is, therefore, stipulated and agreed
Formal Meeting Minutes
01/25/2023
Page 7 of 113
that either revocation due to the failure to comply with any conditions, does not reduce any
rights that existed on the date of application to use, divide, sell or possess the property and
that there would be no diminution in value of the property from the value it held on the date
of application due to such revocation of the Zone Change. The Zone Change enhances the
value of the property above its value as of the date the Zone Change is granted and reverting
to the prior zoning results in the same value of the property as if the Zone Change had never
been granted.
(C-44-23-177-X-00)
Motion to concur with Planning Commission recommendation for approval subject to
conditions ‘a’ through ‘i’ by Supervisor Jack Sellers, seconded by Supervisor Steve
Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
~ NOTE: Item 8 was moved from the Planning and Zoning Consent Agenda to the Planning
and Zoning Regular Agenda due to speaker participation and heard before item 23 ~
8.
MARCO’S AUTO REPAIR, LLC
Case #: Z2022086
Supervisor District: 5
Applicants & Owners: Marco and Danielle Malanche
Request: Special Use Permit (SUP) for an Interim Industrial Use (auto repair business) in
the Rural-43 zoning district
Site Location: Generally located 172’ southeast of the southeast corner of Lower Buckeye
Rd. & 166th Ave. in the Goodyear area
Commission Recommendation: On 12/8/22, the Commission voted 6-2, to recommend
approval of Z2022086 subject to conditions ‘a’ – ‘j’:
a. Development of the site shall comply with the Legal Description entitled “Legal
Description”, consisting of 2 pages, dated November 17, 2022, and stamped received
November 18, 2022, except as modified by the following conditions.
b. Development of the site shall be in substantial conformance with the Site Plan entitled,
“Site Plan” consisting of one full-size sheet dated November 22, 2022, and stamped received
November 22, 2022, except as modified by the following conditions. Staff may determine
slight refinements to remain in substantial conformance with the approved site plan. Minor
and major amendments to the site plan will be determined in accordance with Chapter 3 of
the Maricopa County Zoning Ordinance.
c. Development of the site shall be in substantial conformance with the Narrative Report
entitled, “Narrative Report”, consisting of four pages, dated November 8, 2022, and stamped
received November 8, 2022, except as modified by the following conditions.
d. The following Planning Engineering conditions shall apply:
1. Engineering review of planning and/or zoning cases is for conceptual design only. All
development and engineering design shall be in conformance with Section 1205 of the
Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain
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01/25/2023
Page 8 of 113
Regulations for Maricopa County; MCDOT Roadway Design Manual; and current
engineering policies, standards and best practices at the time of application for construction.
2. MCDOT is requiring the dedication of additional ROW so that there is a total of 55’ R/W
from the centerline to the property line. Dedication of the ROW must be completed within 6
month of BOS approval or prior to issuance of any building/construction permits, whichever
comes first. The ROW dedication takes time and approval from the Board of Supervisors.
The dedication is not required for approval of this Zoning case, but it is required before the
Building
permit
can
be
issued.
See
the
MCDOT
webpage
https://www.mcdot.maricopa.gov/744/Right-of-Way-Dedications for more information on the
dedication process. You may contact MCDOT Planning (MCDOTPlanning@maricopa.gov)
for more information.
3. Detailed Grading and Drainage (Infrastructure) Plans must be submitted with the
application for the Building Permits.
e. The following SUP standards shall apply:
1. Parking - 8 parking spaces including 2 required ADA spaces / Vehicles shall only be stored
within these dedicated spaces or within a fully enclosed space.
All other development standards per Rural 43 zoning shall apply
f. All outdoor lighting shall be shielded and directed downward and otherwise in accordance
with Section 1112 of the Maricopa County Zoning Ordinance.
g. The special use permit shall expire 6 years from the date of BOS approval or upon
termination of the use for a period of 90 or more days, whichever occurs first. All site
improvements associated with the special use permit shall be removed within 90 days of
such expiration or termination of use – unless otherwise permitted in the Rural-43 zoning
district.
h. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a
revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance.
i. The property owner/s and their successors waive claim for diminution in value if the County
takes action to rescind approval due to noncompliance with conditions.
j. The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to enjoy
uses in excess of those permitted by the zoning existing on the date of application, subject
to conditions. In the event of the failure to comply with any condition, and at the time of
expiration of the Special Use Permit, the property shall revert to the zoning that existed on
the date of application. It is, therefore, stipulated and agreed that either revocation due to
the failure to comply with any conditions, or the expiration of the Special Use Permit, does
not reduce any rights that existed on the date of application to use, divide, sell or possess
the property and that there would be no diminution in value of the property from the value it
held on the date of application due to such revocation or expiration of the Special Use Permit.
The Special Use Permit enhances the value of the property above its value as of the date
the Special Use Permit is granted and reverting to the prior zoning results in the same value
of the property as if the Special Use Permit had never been granted.
(C-44-23-176-X-00)
9.
SQF, LLC AZ02 WCF
Case #: Z2022129
Formal Meeting Minutes
01/25/2023
Page 9 of 113
Supervisor District: 4
Applicant / Owner: Michael Campbell, Campbell A&Z, LLC. / Agua Fria Union High School
District No 216
Request:
Special Use Permit (SUP) for 80’ WCF with 18’ diameter antenna array in
the R1-6 zoning district
Site Location: Generally located at the NWC of Bethany Home Rd. and Perryville Rd.
Commission Recommendation: On 12/8/22, the Commission voted 9-0, to recommend
approval of Z2022129 subject to conditions ‘a’ – ‘f’:
a. Development of the site shall be in substantial conformance with the site plan entitled “AZ
02 Cottonwood “, consisting of 8 full-size sheets, dated August 29, 2022, and stamped
received October 17, 2022, except as modified by the following conditions. Staff may
determine slight refinements to remain in substantial conformance with the approved site
plan. Minor and major amendments to the site plan will be determined in accordance with
Chapter 3 of the Maricopa County Zoning Ordinance.
b. Development of the site shall be in substantial conformance with the Narrative Report
entitled “Special Use Permit Narrative”, consisting of 7 pages, dated October 12, 2022, and
stamped received October 17, 2022, except as modified by the following conditions.
c. The maximum height of the Wireless Communication Facility shall be 80’.
d. The SUP establishes the following standards:
1. Ground equipment screening via 10’ high chain link fence covered in green mesh.
2. Maximum antenna array diameter of 18’.
e. The following Planning and Development Engineering stipulations shall apply:
1. Engineering review of planning and/or zoning cases is for conceptual design only. All
development and engineering design shall be in conformance with Section 1205 of the
Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain
Regulations for Maricopa County; MCDOT Roadway Design Manual; and current
engineering policies, standards and best practices at the time of application for construction.
2. Based on the conceptual design nature of the information submitted, changes to the site
layout may be necessitated by the final engineering design of the site’s drainage
infrastructure.
3. Detailed Site Infrastructure Plan must be submitted with the application for Building
Permits. If the existing retention basins will be disturbed, an Engineered Grading and
Drainage Plan will be required.
f. The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to enjoy
uses in excess of those permitted by the zoning existing on the date of application, subject
to conditions. In the event of the failure to comply with any condition, and at the time of
expiration of the Special Use Permit, the property shall revert to the zoning that existed on
the date of application. It is, therefore, stipulated and agreed that either revocation due to
Formal Meeting Minutes
01/25/2023
Page 10 of 113
the failure to comply with any conditions, or the expiration of the Special Use Permit, does
not reduce any rights that existed on the date of application to use, divide, sell or possess
the property and that there would be no diminution in value of the property from the value it
held on the date of application due to such revocation or expiration of the Special Use Permit.
The Special Use Permit enhances the value of the property above its value as of the date
the Special Use Permit is granted and reverting to the prior zoning results in the same value
of the property as if the Special Use Permit had never been granted.
(C-44-23-175-X-00)
Chairman Hickman asked the Clerk if there were any registered speakers or comments
received for items 9-15. The Clerk said a speaker slip was received from Jessica
Sarkissian, available to speak in favor on item 12 only if necessary.
Motion to concur with Planning Commission recommendation for approval subject to
conditions ‘a’ through ‘f’ by Supervisor Jack Sellers, seconded by Supervisor Thomas
Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
10.
LAKE PLEASANT STORAGE
Case #: Z2022133
Supervisor District: 4
Applicant / Owners: Richard Starr, Garrett Development Corporation / Branden Orr and
Savannah Orr
Request: Zone Change with Overlay from Rural-43 to C-2 CUPD
Site Location: Generally located 2,100’ north of the NEC of W. Pinnacle Peak Road & N.
Lake Pleasant Parkway in the Peoria area
Commission Recommendation: On 12/8/22, the Commission voted 9-0, to recommend
approval of Z2022133 subject to conditions ‘a’ – ‘j’:
a. A Plan of Development is approved subject to the Site Plan entitled “Lake Pleasant
Parkway Storage”, consisting of 1 full-size sheet, dated October 31, 2022, and stamped
received November 2, 2022, except as modified by the following conditions. The Plan of
Development may be amended administratively under a separate application as long as the
amendment complies with the established CUPD development standards as approved by
the Board of Supervisors. Staff may determine slight refinements to remain in substantial
conformance with the approved site plan. Minor and major amendments to the site plan will
be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance.
b. Development of the site shall be in substantial conformance with the Narrative Report
entitled “Lake Pleasant Parkway Storage”, consisting of 7 pages, dated October 2022, and
stamped received November 2, 2022, except as modified by the following conditions.
c. The following Planning Engineering conditions shall apply:
1. Patent easements must be abandoned prior to issuance of any building permits.
2. Lake Pleasant Parkway is within the jurisdiction of the City of Peoria. The applicant will be
responsible for coordinating with the City to review any traffic impact, right-of-way dedication,
permitting or roadway improvement requirements.
Formal Meeting Minutes
01/25/2023
Page 11 of 113
3. Mariposa Grande has not been accepted by the county; and therefore not maintained by
the County. This alignment is classified as “Other R/W”
4. Based on the TIS submitted to the County for review, County estimates that there will be
no significant traffic impacts on the County facilities surrounding the project Site. County has
no further comments.
5. Retention basin(s)\ Underground storage must drain within 36 hours.
6. Maintain a minimum 25 foot separation between septic facilities and the retention basins.
7. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the
application for Building Permits. All onsite flows must be routed to the underground retention
storage.
8. Offsite flows contributing to the 2-18” pipe culverts must be provided in the building permit.
9. The subject premises is located within the County’s Urbanized Area and will disturb more
than one (1) acre. A Storm Water Pollution Prevention Permit (SWPPP), issued by the
County (PND), will be required prior to issuance of any building permits required for site
development. See: https://www.maricopa.gov/DocumentCenter/View/6577
10. Engineering review of planning and/or zoning cases is for conceptual design only. All
development and engineering design shall be in conformance with Section 1205 of the
Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain
Regulations for Maricopa County; MCDOT Roadway Design Manual; and current
engineering policies, standards and best practices at the time of application for construction.
d. The following C-2 CUPD standards shall apply:
1. Buildings shall be limited to one story with a maximum height of 20’.
2. There shall be a minimum of 26 parking spaces provided.
3. There shall be a minimum of 1 loading space provided.
4. The use of the site shall be limited to indoor self-storage.
e. Signage along Lake Pleasant Parkway shall be limited to static elements. Digital signage
or message centers are prohibited.
f. To the extent practical, the building façade along Lake Pleasant Parkway shall be designed
in such a manner as to mimic the appearance of a professional office building, which is
compatible with the scale and character of the area. This may be achieved through façade
alteration, building fenestration, and the application of colors and materials.
g. Prior to issuance of a building permit, written confirmation will be required from the
emergency fire protection jurisdiction having authority that the facility has been designed in
accordance with their regulations and requirements, and that emergency fire protection
service will be provided to the facility. Prior to issuance of the certificate of occupancy, local
fire protection jurisdiction review and approval will be required.
h. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a
revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance.
Formal Meeting Minutes
01/25/2023
Page 12 of 113
i. The property owners and their successors waive claim for diminution in value if the County
takes action to rescind approval due to noncompliance with conditions.
j. The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to enjoy
uses in excess of those permitted by the zoning existing on the date of application, subject
to conditions. In the event of the failure to comply with any condition, the property shall revert
to the zoning that existed on the date of application. It is, therefore, stipulated and agreed
that revocation due to the failure to comply with any conditions does not reduce any rights
that existed on the date of application to use, divide, sell, or possess the property and that
there would be no diminution in value of the property from the value it held on the date of
application due to such revocation of the Zone Change. The Zone Change enhances the
value of the property above its value as of the date the Zone Change is granted and reverting
to the prior zoning results in the same value of the property as if the Zone Change had never
been granted.
(C-44-23-174-X-00)
Motion to concur with Planning Commission recommendation for approval subject to
conditions ‘a’ through ‘j’ by Supervisor Jack Sellers, seconded by Supervisor Thomas
Galvin.
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
11.
LAKE PLEASANT STORAGE
Case #: Z2022134
Supervisor District: 4
Applicant / Owners: Richard Starr, Garrett Development Corporation / Branden Orr and
Savannah Orr
Request: Special Use Permit (SUP) for RV/Boat Parking
Site Location: Generally located 2,100’ north of the NEC of W. Pinnacle Peak Road & N.
Lake Pleasant Parkway in the Peoria area
Commission Recommendation: On 12/8/22, the Commission voted 9-0, to recommend
approval of Z2022134 subject to conditions ‘a’ – ‘f’:
a. Development of the site shall be in substantial conformance with the Site Plan entitled
“Lake Pleasant Parkway Storage”, consisting of 1 full-size sheet, dated October 31, 2022,
and stamped received November 2, 2022, except as modified by the following conditions.
Staff may determine slight refinements to remain in substantial conformance with the
approved site plan. Minor and major amendments to the site plan will be determined in
accordance with Chapter 3 of the Maricopa County Zoning Ordinance.
b. Development of the site shall be in substantial conformance with the Narrative Report
entitled “Lake Pleasant Parkway Storage”, consisting of 7 pages, dated October 2022, and
stamped received November 2, 2022, except as modified by the following conditions.
c. The following Planning Engineering conditions shall apply:
1. Patent easements must be abandoned prior to issuance of any building permits.
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2. Lake Pleasant Parkway is within the jurisdiction of the City of Peoria. The applicant will be
responsible for coordinating with the City to review any traffic impact, right-of-way dedication,
permitting or roadway improvement requirements.
3. Mariposa Grande has not been accepted by the county; and therefore not maintained by
the County. This alignment is classified as “Other R/W”
4. Based on the TIS submitted to the County for review, County estimates that there will be
no significant traffic impacts on the County facilities surrounding the project Site. County has
no further comments.
5. Retention basin(s)\ Underground storage must drain within 36 hours.
6. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the
application for Building Permits. All onsite flows must be routed to the underground retention
storage.
7. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the
application for Building Permits. All onsite flows must be routed to the underground retention
storage.
8. Offsite flows contributing to the 2-18” pipe culverts must be provided in the building permit.
9. The subject premises is located within the County’s Urbanized Area and will disturb more
than one (1) acre. A Storm Water Pollution Prevention Permit (SWPPP), issued by the
County (PND), will be required prior to issuance of any building permits required for site
development. See: https://www.maricopa.gov/DocumentCenter/View/6577
10. Engineering review of planning and/or zoning cases is for conceptual design only. All
development and engineering design shall be in conformance with Section 1205 of the
Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain
Regulations for Maricopa County; MCDOT Roadway Design Manual; and current
engineering policies, standards and best practices at the time of application for construction.
d. This Special Use Permit is valid for a period of 20 years and shall expire on January 25,
2043, or upon termination of the use for a period of 90 or more days, whichever occurs first.
All site improvements associated with the Special Use Permit shall be removed within 90
days of such expiration or termination of use.
e. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a
revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance.
f. The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to enjoy
uses in excess of those permitted by the zoning existing on the date of application, subject
to conditions. In the event of the failure to comply with any condition, or at the time of
expiration of the Special Use Permit, the property shall revert to the zoning that existed on
the date of application. It is, therefore, stipulated and agreed that either revocation due to
the failure to comply with any conditions, or the expiration of the Special Use Permit, does
not reduce any rights that existed on the date of application to use, divide, sell, or possess
the property and that there would be no diminution in value of the property from the value it
held on the date of application due to such revocation or expiration of the Special Use Permit.
The Special Use Permit enhances the value of the property above its value as of the date
the Special Use Permit is granted and reverting to the prior zoning results in the same value
of the property as if the Special Use Permit had never been granted.
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(C-44-23-173-X-00)
Motion to concur with Planning Commission recommendation for approval subject to
conditions ‘a’ through ‘f’ by Supervisor Jack Sellers, seconded by Supervisor Thomas
Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
12.
BUTTERFIELD STATION LANDFILL
Case #: Z2022169
Supervisor District: 5
Applicant / Owner: Jessica Sarkissian, Upfront Planning & Entitlements / Waste
Management of Arizona
Request: Modification of Condition to an approved Special Use Permit (Z2001127) in the
Rural-190 zoning district
Site Location: Generally located at the northwest corner of Butterfield Stage Rd. & 99th Ave
in the Goodyear area
Commission
Recommendation: On 1/12/23, the Commission voted 8-0, to recommend approval of
Z2022169 subject to conditions ‘a’ – ‘p’:
a. Development of the site shall be in substantial conformance with the site plan entitled
“2014 Plan of Development – Butterfield Station Facility – Mobile, Arizona” consisting of three
sheets prepared by Stantec, dated July 7, 2014, and stamped approved July 16, 2014,
except as modified by the following stipulations.
b. Development of the site shall be in substantial conformance with the narrative report
entitled " Special Use Permit Narrative for Stipulation Modification – Butterfield Station
Landfill" consisting of 5 pages prepared by Upfront Planning & Entitlements, dated revised
October 2022 and stamped received November 2, 2022, except as modified by the following
stipulations.
c. Unless condition ‘p’ below has been addressed, the Special Use Permit shall expire on
January 3, 2052. However, if condition ‘p’ has been fully addressed there shall be no
expiration date or validity period and the Special Use Permit shall expire only upon closure
of the landfill and completion of all monitoring requirements associated with the closure.
d. Major changes to this Special Use Permit with regard to use and intensity must be
processed as a revised application with approval by the Board of Supervisors upon
recommendation of the Commission. Minor changes to the Special Use Permit may be
administratively approved by the Planning and Development Department.
e. There shall be a one-foot non-vehicular access easement on the entire perimeter of the
buffer except at the entrance identified on the site plan referenced in stipulation ‘a’. However,
a Minor [administrative] Amendment will be allowed to approve secondary access onto
perimeter roadways at the discretion of the Department of Transportation.
f. The applicant shall remain in compliance with all rules and regulations of the Arizona
Department of Environmental Quality, and shall submit copies of all approved changes to
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the Arizona Department of Environmental Quality Solid Waste Facility Plan for Butterfield
Station (No. 07032700) to the Planning and Development Department.
g. All drinking water must meet the Safe Drinking Water Act Standards.
h. The applicant shall be in compliance with the executed agreement between Waste
Management of Arizona Inc., and Maricopa County, entered as of May 22, 2006 (No.
0718527). The agreement shall remain in place until expiration of the Special Use Permit to
hold the County harmless of any environmental damage occurrences caused by the operator
or operations at the landfill facility.
i. All heavy equipment used in the landfill operation shall be stored inside the bermed area.
j. The operator shall obtain either a post-closure bond or a letter of credit if a bond is not
available in accordance with State and/or federal requirements.
k. A security fence shall be place on the outside of the berm surrounding the entire site.
l. The maximum overall height of the landfill shall be 250’ above grade.
m. The maximum depth of the landfill shall be 80’ below grade.
n. The maximum finished, external slope of the landfill shall be 3:1. The Planning &
Development Department may, in review of the revegetation plan required under stipulation
‘o’, determine that less of a slope is required to support adequate revegetation efforts.
o. As each disposal cell is closed it shall be covered with hardscape or live landscaping such
as native desert grasses and wildflowers to the greatest extent possible, in an effort to
mitigate soil loss and dust due to water and air erosion and to mitigate the visual impact of
the facility’s mass and height. The site shall be in conformance with the revegetation plan
entitled “Butterfield Station Landfill Revegetation Plan” prepared by Logan Simpson Design
Inc. dated May 2003 and stamped approved September 9, 2003.
p. The applicant shall execute a revision to the agreement date December 14, 1994 between
Waste Management of Arizona Inc. and Maricopa County to financially mitigate impacts to
the local community of Mobile and the communities of Maricopa County based upon current
and proposed conditions of the property and current and proposed operations of the facility.
The agreement once executed shall remain in place until expiration of the Special Use
Permit. If the agreement has not been fully executed within 180 days of Board approval of
Z2022169, then Z2022169 shall be invalid and the Special Use Permit in existence before
Z2022169 shall remain in full force and effect.
(C-44-23-180-X-00)
Motion to concur with Planning Commission recommendation for approval subject to
conditions ‘a’ through ‘p’ by Supervisor Jack Sellers, seconded by Supervisor Thomas
Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
13.
CROWN CASTLE 806982 BUCKEYE
Case #: Z2022174
Supervisor District: 4
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Applicant / Owners: Michael Campbell, Campbell A&Z, LLC. / Union Pacific Railroad
Company
Request:
Special Use Permit – Modification of Condition – for a wireless
communication facility in the Rural-43 zoning district
Site Location: Generally located W. of the SWC Buckeye & Miller St. in the Buckeye area
Commission Recommendation: On 12/8/22, the Commission voted 9-0, to recommend
approval of Z2022174 subject to conditions ‘a’ – ‘o’:
a. Development and use of the site shall be in substantial conformance with the Zoning
Exhibit entitled “Buckeye 806972”, consisting of four (4) full-size sheets, stamped received
November 6, 2008, except as modified by the following stipulations.
b. Development and use of the site shall be in substantial conformance with the Narrative
Report entitled “Special Use Permit MODIFICATION OF CONDITION PROJECT
NARRATIVE”, consisting of Six (6) pages, dated October 17, 2022, except as modified by
the following stipulations.
c. The following Drainage Review conditions shall apply:
1. All development and engineering design shall be in conformance with the Drainage
Regulation and current engineering policies, standards and best practices at the time of
application for construction."
2. Drainage review of planning and/or zoning cases is for conceptual design only and does
not represent final design approval nor shall it entitle applicants to future designs that are not
in conformance with the Drainage Regulation and design policies and standards."
d. All transformers, back-flow prevention devices, utility boxes and all other utility related
ground mounted equipment shall be painted to complement the development.
e. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance.
f. Development and use of the site shall comply with requirements for fire protection
measures as deemed necessary by the applicable fire department. Prior to issuance of
zoning clearance or Final Plat approval, the applicant shall seek review and comment from
the applicable fire protection agency, and shall provide written confirmation that the site will
be developed in accordance with their requirements.
g. Prior to zoning clearance or Final Plat approval, developer(s) and/or builder(s) shall
establish emergency fire protection services, covering all real property contained within the
project area during course of construction and shall obtain a ‘will serve’ letter substantiating
coverage from the appropriate Fire Department servicing the site.
h. The applicant or his successor shall obtain approval of any development plans from the
Office of the Arizona State Fire Marshal prior to any construction.
i. The maximum height of the Wireless Communication Facility shall be limited to 290’ as
measured to the top of the whip antennas except as may be permitted as an Eligible Facilities
Request colocation per federal rule.
j. Development of the site shall be in conformance with all Federal and State requirements,
including but not limited to, Federal Communications Commission (FCC), Federal Aviation
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Administration (FAA), National Environmental Policy Act (NEPA), and State Historical
Preservation Office (SHPO). The applicant shall be responsible for obtaining all necessary
approvals prior to construction, and shall be accountable to those agency requirements, and
penalties.
k. A Minor Amendment shall be required to co-locate future carriers.
l. This Special Use Permit shall expire Twenty-Five (25) years from the date of approval by
the Board of Supervisors, or upon expiration of the lease to the applicant, or upon termination
of the use, whichever occurs first. All site improvements shall be removed within 60 days of
such termination or expiration.
l. Amendments to the site plan and narrative report shall be processed as a revised
application in accordance with Maricopa County Zoning Ordinance Article 304.9.
m. Noncompliance with the conditions of approval will be treated as a violation in accordance
with the Maricopa County Zoning Ordinance. Further, noncompliance of the conditions of
approval may be grounds for the Planning and Zoning Commission to take action in
accordance with Chapter 3 (Conditional Zoning).
n. Non-compliance with the regulations administered by the Maricopa County Environmental
Services Department, Maricopa County Department of Transportation, Drainage Review
Division, Planning and Development Department, or the Flood Control District of Maricopa
County may be grounds for initiating a revocation of this [Special Use Permit or Zone
Change] as set forth in the Maricopa County Zoning Ordinance.
o. The property owner/s and their successors waive claim for diminution in value if the County
takes action to rescind approval due to noncompliance with stipulations.
(C-44-23-172-X-00)
Motion to concur with Planning Commission recommendation for approval subject to
conditions ‘a’ through ‘o’ by Supervisor Jack Sellers, seconded by Supervisor Thomas
Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
14.
202 & COUNTRY CLUB/SR87 BILLBOARD
Case #: Z2022179
Supervisor District: 1
Applicant / Owner: Bill Lally, Tiffany & Bosco P.A. / PJT Enterprises LLC
Request: Special Use Permit (SUP) for digital billboard conversion & height increase
Site Location: Generally located approx. 470’ northeast from the intersection of N. Country
Club Rd. and State Route 87 in the north Mesa Area
Commission Recommendation: On 12/8/22, the Commission voted 9-0, to recommend
approval of Z2022179 subject to conditions ‘a’ – ‘g’:
a. Development of the site shall be in substantial conformance with the Site Plan entitled
“Billboard Site Plan“, consisting of 1 full-size sheet, dated November 2, 2022, except as
modified by the following conditions.
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b. Development of the site shall be in substantial conformance with the Narrative Report
entitled “202 & Country Club – Outfront Digital Billboard Conversion”, consisting of 11 pages,
dated November 7, 2022, except as modified by the following conditions.
c. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a
revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance.
d. Staff may determine slight refinements to remain in substantial conformance with the
approved site plan. Minor and major amendments to the site plan will be determined in
accordance with Chapter 3 of the Maricopa County Zoning Ordinance.
e. The following standard shall apply:
1. Min. distance from other billboards: 496’
2. Max billboard height: 70’
f. The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to enjoy
uses in excess of those permitted by the zoning existing on the date of application, subject
to conditions. In the event of the failure to comply with any condition, and at the time of
expiration of the Special Use Permit, the property shall revert to the zoning that existed on
the date of application. It is, therefore, stipulated and agreed that either revocation due to
the failure to comply with any conditions, or the expiration of the Special Use Permit, does
not reduce any rights that existed on the date of application to use, divide, sell or possess
the property and that there would be no diminution in value of the property from the value it
held on the date of application due to such revocation or expiration of the Special Use Permit.
The Special Use Permit enhances the value of the property above its value as of the date
the Special Use Permit is granted and reverting to the prior zoning results in the same value
of the property as if the Special Use Permit had never been granted.
g. The property owner/s and their successors waive claim for diminution in value if the County
takes action to rescind approval due to noncompliance with conditions.
(C-44-23-171-X-00)
Motion to concur with Planning Commission recommendation for approval subject to
conditions ‘a’ through ‘g’ by Supervisor Jack Sellers, seconded by Supervisor Thomas
Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
15.
BEERS PROPERTY VOLUNTARY REZONE CHCT
Case #: Z2022180
Supervisor District: 1
Owners: Gregory & Cynthia Beers
Request: Request for Commission initiation, and rezone from R-4 to Rural-43 RUPD
Site Location: APN 304-87-009A @ 17340 E Starflower Ct. - generally located at the NWC
of Starflower Ct. and 174th St. in the Chandler Heights area.
Commission Recommendation: On 12/8/22, the Commission voted 9-0, to recommend
approval of Z2022180 subject to conditions ‘a’ – ‘k’:
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a. Case Z2005006 shall rezone parcels from R1-35 and R-4 to Rural-43 RUPD as indicated
on the zoning exhibit entitled “Proposed Zoning Boundary Map (Project Name: Chandler
Heights RUPD, Case Number: Z2005006)” and dated (as of) April 24, 2006, except as
modified by the following stipulations.
b. Only parcels for which written property owner authorization has been received from the
property owner of record shall be considered to be rezoned from R1-35 and R-4 to Rural-43
RUPD as per case Z2005006.
c. In the event that property owners, within the perimeter boundary shown on the zoning
exhibit referenced in stipulation ‘a’ (Hunt Hwy. on the south; 172nd St., San Tan Blvd., and
Recker Rd. on the west, Riggs Rd. on the north, and Sossaman Rd. on the east) wish to
rezone their individual parcels from R1-35 and R-4 to Rural-43 RUPD with the same RUPD
standards to apply, the Commission shall initiate a rezone on their behalf.
d. Development and use within the Rural-43 RUPD zoning district shall comply with the site
plan and narrative report entitled “Site Plan (Project Name: Chandler Heights RUPD Case
#Z2005006)” consisting of 16 pages including exhibits and sections under different title
pages dated January 1, 2006, except that revised exhibits are dated (as of) April 24, 2006,
except as modified by the following stipulations.
e. The use regulations, height regulations, parking regulations and sign regulations of the
Rural-43 RUPD zoning district are the same as the Rural-43 zoning district.
f. The yard regulations of the Rural-43 RUPD zoning district are the same as the R-4 zoning
district.
g. The intensity of use regulations of the Rural-43 RUPD zoning district are the same as the
R1-35 zoning district except that:
1. The average lot area per dwelling unit shall be 43,560 sq. ft.
2. The minimum lot width shall be 120’.
h. Any parcel rezoned under case Z2005006 that is substandard or otherwise nonconforming
in regard to the Rural-43 RUPD zoning district must document Legal Non-Conforming (LNC)
status with the Planning & Development Department. It is the responsibility of the property
owner to document LNC status.
i. There shall be no relief granted to the development standards of the Rural-43 RUPD
development standards except with Variance approval by the Board of Adjustment.
j. Secondary dwelling units (guest homes, casitas, etc.) shall be allowed in the Rural-43
RUPD zoning district with demonstration of adequate liquid waste disposal at the discretion
of the Environmental Services Department
k. Any subdivision plat within the Rural-43 zoning district shall include the following RUPD
Chart:
1. Average lot area per dwelling unit: 43,560 sq. ft.
2. Min. Lot Area: 35,000 sq. ft.
3. Min. Lot Width: 120’
4. Max. Lot Coverage: 20%
5. Min. Distance Between Buildings: 15’
6. Min. Front Setback: 20’
7. Min. Rear Setback: 25’
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8. Min. Side Setback: 5’
9. Min. Street-Side Setback: 10’
10. Max. Building Height: 30’ (2 stories)
11. Off-Street Parking: 2 / d.u.
12. Signs: Same as Rural-43
13. Uses: Same as Rural-4
14. Accessory Dwelling Units: One (1) secondary dwelling unit allowed with MCESD
approval of liquid waste disposal system.
Staff Recommendation: Staff notes these conditions were carried forward verbatim from
Z2005006. All of the “opt in” rezones consistent with Z2005006 have simply been approved
subject to condition ‘a’. Staff would recommend for consistency that the Board motion for
approval of Z2022180 subject to condition ‘a’:
a. Subject to all conditions of case Z2005006, including the following Rural-43 RUPD
development standards:
1. Average lot area per dwelling unit: 43,560 sq. ft.
2. Minimum lot area: 35,000 sq. ft.
3. Minimum lot width: 120’
4. Maximum lot coverage: 20%
5. Minimum Distance between buildings: 15’
6. Minimum Front setback: 20’
7. Minimum Rear setback: 25
8. Minimum Side setback: 5’
9. Minimum Street-side setback: 10’
10. Maximum building height: 30’
11. Accessory Dwelling Units: One (1) secondary dwelling unit allowed with MCESD
approval of liquid waste disposal system.
(C-44-23-169-X-00)
Motion to concur with Planning Commission recommendation for approval subject to
conditions ‘a’ through ‘k’ by Supervisor Jack Sellers, seconded by Supervisor Thomas
Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
PLANNING AND ZONING REGULAR HEARINGS - AUDIENCIAS DE AGENDA REGULAR
16.
WALDEN RANCH (Cont. request to 2/8/23)
Case #: CPA2022001
Supervisor District: 4
Applicant / Owner: William Lally, Tiffany & Bosco PA / Cowley Management LLC and
Nadaburg Unified School District
Request:
Comprehensive Plan Amendment (CPA) to change the land use
designations found in the White Tank Grand Avenue Area Plan as amended by the Walden
Ranch DMP to Single-Family Transitional Lot (3-5 d.u./ac.) and Neighborhood Retail. CPA
approval is by Resolution.
Site Location: Generally located west of 211th Ave., south of the Lone Mountain Rd.
alignment, east of Crozier Rd. and north of the Peak View Rd. alignment
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Commission Recommendation: On 12/8/22, the Commission voted 7-0, to recommend
approval of CPA2022001 with decommission of the Walden Ranch Development Master
Plan.
Request for Continuance: On 1/9/23, the applicant requested a continuance of the cases to
the 2/8/23 hearing.
(C-44-23-168-X-00)
Chairman Hickman asked Tom Ellsworth, Director of Planning and Development, and
Darren Gerard, Planning Division Manager, to come forward. Chairman Hickman said
he understood that items 16 – 19 had a request by the applicant to continue these until
the February 8, 2023 meeting. He asked the Clerk if there were any speaker slips or
comments received for the items. The Clerk said there were two speaker slips received
in opposition from Lori Hendershot and Tracy Salgado, both were made aware the
items would be continued.
Motion to continue to the February 8, 2023 meeting by Supervisor Jack Sellers,
seconded by Supervisor Bill Gates
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
17.
WALDEN RANCH (Cont. request to 2/8/23)
Case #: Z2022040
Supervisor District: 4
Applicant / Owners: William Lally, Tiffany & Bosco PA / Cowley Management LLC and
Nadaburg Unified School District
Request: Zone Change from Rural-43 to R1-6 RUPD and C-1
Site Location: Generally located west of 211th Ave., south of the Lone Mountain Rd.
alignment, east of Crozier Rd. and north of the Peak View Rd. alignment
Commission Recommendation: On 12/8/22, the Commission voted 7-0, to recommend
approval of Z2022040 subject to conditions ‘a’ – ‘n’:
a. Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “Walden Ranch Zoning Exhibit“, consisting of 1 full-size sheet, dated September 26,
2022, and stamped received October 13, 2022 except as modified by the following
conditions. Staff may determine slight refinements to remain in substantial conformance with
the approved site plan. Minor and major amendments to the site plan will be determined in
accordance with Chapter 3 of the Maricopa County Zoning Ordinance. Within 30 days of
Board of Supervisors approval, the applicant shall submit a revised zoning exhibit to address
the modifications with the R1-6 RUPD zoning.
b. Development of the site shall be in substantial conformance with the Narrative Report
entitled “Walden Ranch Narrative for Zone Change”, consisting of 25 pages, dated October
10, 2022 and stamped received October 13, 2022, except as modified by the following
conditions. Within 30 days of Board of Supervisors approval, the applicant shall submit a
revised narrative report to address the modifications with the R1-6 RUPD zoning.
c. Prior to approval of the initial final plat or precise plan of development approval, the
applicant shall provide the Maricopa County Planning and Development Department with an
executed pre-annexation service agreement with the City of Surprise that identifies the detail
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for when the proposed project will be annexed and the provision of water and sewer service.
In lieu of pre-annexation service agreement, the developer must provide a ‘will serve’ letter
from the certificated water and sewer provider(s) in the event Walden Ranch remains in the
County for development.
d. The following Planning Engineering conditions shall apply:
1. Without the submittal of a precise plan of development, no development approval is
inferred by this review, including, but not limited to number of proposed buildings lots/units,
drainage design, access and roadway alignments. These items will be addressed as
development plans progress and are submitted to the County for further review and/or
entitlement.
2. This site contains Special Flood Hazard Area associated with multiple washes that
traverse the site. The site contains both regulated floodways and floodplains. Development
in the floodplain will require a floodplain use permit, which is issued concurrently with the
building permit(s). Development that would require re-delineation of the floodway/floodplain
is done through the FEMA CLOMR/LOMR process. That process is administered through
the Flood Control District.
3. A traffic impact study must be submitted with future entitlement (Preliminary Plat and Plan
of Development) applications.
4. Engineering review of re-zone cases is conceptual in nature. All development and
engineering design shall be in conformance with Section 1205 of the Maricopa County
Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa
County; MCDOT Roadway Design Manual; and current engineering policies, standards and
best practices at the time of application for construction.
e. All buildings shall be subject to noise attenuation requirements as per ARS § 28-8482(B)
and Maricopa County building codes.
f. The master developer shall notify future homeowners that they are located within the state-
defined “territory in the vicinity of a military airport” with the following language:
“You are buying a home or property in the ‘vicinity of a military airport’ as described by State
of Arizona statute ARS §28-8481. Your house should include sound attenuation measures
as directed by State law. You will be subject to direct over flights and noise by Luke Air Force
Base jet aircraft in the vicinity.
Luke Air Force Base executes over 200,000 flight operations per year, at an average of
approximately 170 overflights per day. Although Luke's primary flight paths are located within
20 miles from the base, jet noise will be apparent throughout the area as aircraft transient to
and from the Barry M. Goldwater Gunnery Range and other flight training areas.
Luke Air Force Base may launch and recover aircraft in either direction off its runways
oriented to the southwest and northeast. Noise will be more noticeable during overcast sky
conditions due to noise reflections off the clouds.
Luke Air Force Base's normal flying hours extend from 7:00 a.m. until approximately
midnight, Monday through Friday, but some limited flying will occur outside these hours and
during most weekends.”
Luke Air Force Base Auxiliary Field 1, located approximately 15 miles to the northwest of
Luke Air Force Base is a site of intense instrument procedure landing approaches, with
approximately 12,000 flight operations per year. Aircraft will descend down to 200 feet above
the ground over the Auxiliary Airfield and will create severe noise in that area.
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Such notification shall be recorded on all Final Plats, be permanently posted on not less than
a 3 foot by 5 foot sign in front of all home sales offices, be permanently posted on the front
door of all home sales offices on not less than an 8½ inch by 11 inch sign, and be included
in all covenants, conditions, and restrictions (CC&Rs) as well as the Public Report and
conveyance documents.
For further information, please check the Luke Air Force Base website or contact the
Maricopa County Planning and Development Department.”
g. The R1-6 RUPD zoning strict shall have a maximum of 1,572 residential units. The
following R1-6 RUPD standards shall apply:
1. Minimum Front Yard Setback: 10’
2. Minimum Rear Yard Setback: 15’ and 3’ rear yard setback from alley to garage.
3. Minimum Lot Area: 3,500 sq. ft.
4. Minimum lot width: 35’
5. Minimum Average Lot Area Per Dwelling Unit: 8,000 sq. ft.
6. Maximum Lot Coverage: 60%
h. For each subdivision (preliminary plat & final plat) the developer shall provide a cumulative
total of single-family residential lots with the various minimum lot sizes percentages and each
unit shall meet the minimum average lot area per dwelling unit standard of 8,000 sq. ft. as
established with the R1-6 RUPD zoning.
i. The developers shall provide a cumulative total of open space with each preliminary and
final plat to determine compliance with the 100 acres of open space.
j. Until such time as the subject site is served by sewer, uses on the site shall only be those
acceptable to the Maricopa County Environmental Services Department (MCESD) that can
be accommodated by septic systems. A public water system and public sewer system shall
be required prior to establishment of any non-residential use that requires potable water.
k. Administrative approval of a Plan of Development (commercial zoning district) will be
required prior to approval and issuance of construction permits to develop and establish use
of the site. Prior to issuance of a building permit, written confirmation will be required from
the emergency fire protection jurisdiction having authority that the facility has been designed
in accordance with their regulations and requirements, and that emergency fire protection
service will be provided to the facility. Prior to issuance of the certificate of occupancy, local
fire protection jurisdiction review and approval will be required.
l. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a
revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance.
m. The property owner/s and their successors waive claim for diminution in value if the
County takes action to rescind approval due to noncompliance with conditions.
n. The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to enjoy
uses in excess of those permitted by the zoning existing on the date of application, subject
to conditions. In the event of the failure to comply with any condition, the property shall revert
to the zoning that existed on the date of application. It is, therefore, stipulated and agreed
that either revocation due to the failure to comply with any conditions, does not reduce any
rights that existed on the date of application to use, divide, sell or possess the property and
that there would be no diminution in value of the property from the value it held on the date
of application due to such revocation of the Zone Change. The Zone Change enhances the
value of the property above its value as of the date the Zone Change is granted and reverting
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to the prior zoning results in the same value of the property as if the Zone Change had never
been granted.
Request for Continuance: On 1/9/23, the applicant requested a continuance of the cases to
the 2/8/23 hearing.
(C-44-23-165-X-00)
Motion to continue to the February 8, 2023 meeting by Supervisor Jack Sellers,
seconded by Supervisor Bill Gates
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
18.
RANCHO MARIA (Cont. request to 2/8/23)
Case #: CPA2022002
Supervisor District: 4
Applicant/Owners: William Lally, Tiffany & Bosco PA / Cowley Management LLC
Request: Comprehensive Plan Amendment (CPA) to change the land use designations from
Small Lot Residential (2-5 d.u./ac.), Office, and Neighborhood Retail to Small Lot Residential
(2-5 d.u./ac.) and Neighborhood Retail. CPA approval is by Resolution.
Site Location: Generally located east of the 221st Ave. alignment, south of the Dove Valley
Rd. alignment, west of Crozier Rd. and north of the Lone Mountain Rd. alignment
Commission Recommendation: On 12/8/22, the Commission voted 7-0, to recommend
approval of CPA2022002.
Request for Continuance: On 1/9/23, the applicant requested a continuance of the cases to
the 2/8/23 hearing.
(C-44-23-167-X-00)
Motion to continue to the February 8, 2023 meeting by Supervisor Jack Sellers,
seconded by Supervisor Bill Gates
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
19.
RANCHO MARIA (Cont. request to 2/8/23)
Case #: Z2022041
Supervisor District: 4
Applicant / Owners: William Lally, Tiffany & Bosco PA / Cowley Management LLC
Request: Zone Change from Rural-43, R1-7 RUPD and C-2 to R1-6 RUPD and C-1
Site Location: Generally located east of the 221st Ave. alignment, south of the Dove Valley
Rd. alignment, west of Crozier Rd. and north of the Lone Mountain Rd. alignment
Commission Recommendation: On 12/8/22, the Commission voted 7-0, to recommend
approval of Z2022041 subject to conditions ‘a’ – ‘p’:
a. Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “Rancho Maria Zoning Exhibit”, consisting of 1 full-size sheet, dated September 14,
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2022, and stamped received October 13, 2022 except as modified by the following
conditions. Staff may determine slight refinements to remain in substantial conformance with
the approved site plan. Minor and major amendments to the site plan will be determined in
accordance with Chapter 3 of the Maricopa County Zoning Ordinance. Within 30 days of
Board of Supervisors approval, the applicant shall submit a revised zoning exhibit to address
the modifications with the R1-6 RUPD zoning.
b. Development of the site shall be in substantial conformance with the Narrative Report
entitled “Rancho Maria Narrative for Zone Change”, consisting of 26 pages, dated October
10, 2022 and stamped received October 13, 2022, except as modified by the following
conditions. Within 30 days of Board of Supervisors approval, the applicant shall submit a
revised narrative report to address the modifications with the R1-6 RUPD zoning.
c. Prior to approval of the initial final plat or precise plan of development approval, the
applicant shall provide the Maricopa County Planning and Development Department with an
executed pre-annexation service agreement with the City of Surprise that identifies the
details for all necessary services, and when the proposed project will be annexed. In lieu of
pre-annexation service agreement, the developer must provide a ‘will serve’ letter from the
certificated water and sewer provider(s) in the event Rancho Maria remains in the County
for development.
d. The following Maricopa County Environmental Services Department (MCESD) condition
shall apply:
1. Prior to the approval of the first Final Plat or the first Approval to Construct whichever
comes first), final detailed Water and Wastewater Master Plans (both onsite and offsite) must
be submitted to MCESD, under application and fee, for review and approval. No final plats
or Approvals to Construct will be issued prior to approval of these Final Master Plans.
e. The following Planning Engineering conditions shall apply:
1. Without the submittal of a precise plan of development, no development approval is
inferred by this review, including, but not limited to number of proposed buildings lots/units,
drainage design, access and roadway alignments. These items will be addressed as
development plans progress and are submitted to the County for further review and/or
entitlement.
2. This site contains Special Flood Hazard Area associated with multiple washes that
traverse the site. The site contains both regulated floodways and floodplains. Development
in the floodplain will require a floodplain use permit, which is issued concurrently with the
building permit(s). Development that would require re-delineation of the floodway/floodplain
is done through the FEMA CLOMR/LOMR process. That process is administered through
the Flood Control District.
3. A traffic impact study must be submitted with future entitlement (Preliminary Plat and Plan
of Development) applications.
4. Engineering review of re-zone cases is conceptual in nature. All development and
engineering design shall be in conformance with Section 1205 of the Maricopa County
Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa
County; MCDOT Roadway Design Manual; and current engineering policies, standards and
best practices at the time of application for construction.
f. All buildings shall be subject to noise attenuation requirements as per ARS § 28-8482(B)
and Maricopa County building codes.
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g. The master developer shall notify future homeowners that they are located within the state-
defined “territory in the vicinity of a military airport” with the following language:
“You are buying a home or property in the ‘vicinity of a military airport’ as described by State
of Arizona statute ARS §28-8481. Your house should include sound attenuation measures
as directed by State law. You will be subject to direct over flights and noise by Luke Air Force
Base jet aircraft in the vicinity.
Luke Air Force Base executes over 200,000 flight operations per year, at an average of
approximately 170 overflights per day. Although Luke's primary flight paths are located within
20 miles from the base, jet noise will be apparent throughout the area as aircraft transient to
and from the Barry M. Goldwater Gunnery Range and other flight training areas.
Luke Air Force Base may launch and recover aircraft in either direction off its runways
oriented to the southwest and northeast. Noise will be more noticeable during overcast sky
conditions due to noise reflections off the clouds.
Luke Air Force Base's normal flying hours extend from 7:00 a.m. until approximately
midnight, Monday through Friday, but some limited flying will occur outside these hours and
during most weekends.”
Luke Air Force Base Auxiliary Field 1, located approximately 15 miles to the northwest of
Luke Air Force Base is a site of intense instrument procedure landing approaches, with
approximately 12,000 flight operations per year. Aircraft will descend down to 200 feet above
the ground over the Auxiliary Airfield and will create severe noise in that area.
Such notification shall be recorded on all Final Plats, be permanently posted on not less than
a 3 foot by 5 foot sign in front of all home sales offices, be permanently posted on the front
door of all home sales offices on not less than an 8½ inch by 11 inch sign, and be included
in all covenants, conditions, and restrictions (CC&Rs) as well as the Public Report and
conveyance documents.
For further information, please check the Luke Air Force Base website or contact the
Maricopa County Planning and Development Department.”
h. The R1-6 RUPD zoning district as part of Z2022041 shall have a maximum of 383
residential units. The following R1-6 RUPD standards shall apply:
1. Minimum Front Yard Setback: 10’
2. Minimum Rear Yard Setback: 15’ and 3’ rear yard setback from alley to garage.
3. Minimum Lot Area: 3,500 sq. ft.
4. Minimum lot width: 35’
5. Minimum Average Lot Area Per Dwelling Unit: 8,000 sq. ft.
6. Maximum Lot Coverage: 60%
i. The Wickenburg Scenic Corridor Overlay Zoning District - Class 4 standards shall apply
for properties within 0’ to 300’ from the Wickenburg Highway right-of-way:
Maximum Building Height: 33’above grade
Non-residential Screening:
1. Outdoor storage of all items except display goods shall be located to the rear of the
principal building, and screened with a solid fence.
2. Loading areas shall be screened and located to the rear of structures;
3. All parking areas are to be screened from the Wickenburg highway;
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4. Natural drought tolerant landscaping shall be placed in front of any wall facing the
Wickenburg Highway
Signs: All new signs (as defined in the Zoning Ordinance for Maricopa County) shall conform
to the following regulations:
1. All signs shall be kept to a minimum size and height required for reasonable exposure of
said signs;
2. Advertising and direction signs will be encouraged to be placed along the
Wickenburg Highway on Arizona Department of Transportation Highway “logo” signs.
3. All signs shall not use more than three (3) different colors. One color must match the
principal building color;
4. All signs shall be made of, or appear to be made of, natural materials;
5. Off-site advertising signs shall be prohibited.
Architecture: All non-residential uses shall meet the following architectural standards:
1. A minimum of 80 percent of surface material, excluding doors and windows shall be made
to appear as if natural materials were used in construction. The use of reflective glass shall
be prohibited.
2. All accessory structures and improvements must be similar in style and appearance to the
architecture of the principle building.
Landscape Setback: All structures, parking areas, and other improvements, except
driveways and free-standing signs, shall be setback a minimum of twenty-five (25) feet from
the ultimate right-of-way line of the Wickenburg Highway (U.S. 60-89). For lots less than 250
feet in depth, the minimum setback shall be ten percent (10%) of lot depth except that the
minimum setback shall not be less than that required by the underlying zoning district.
Existing natural vegetation within the required landscape setback shall be preserved.
Additional natural desert vegetation shall be provided if there is insufficient existing
vegetation.
Noise Abatement: Residential uses adjacent to the Wickenburg Highway or the Santa Fe
Railroad shall include noise abatement improvements when warranted.
j. For each preliminary plat & final plat the developer shall provide a cumulative total of single-
family residential lots with the various minimum lot sizes and percentages of lot sizes within
each unit and shall meet the minimum average lot area per dwelling unit standard of 8,000
sq. ft. as established with the R1-6 RUPD zoning.
k. The developers shall provide a cumulative total of open space with each preliminary and
final plat to determine compliance with the 30.4 acres of open space.
l. Until such time as the subject site is served by sewer, uses on the site shall only be those
acceptable to the Maricopa County Environmental Services Department (MCESD) that can
be accommodated by septic systems. A public water system and public sewer system shall
be required prior to establishment of any non-residential use that requires potable water.
m. Administrative approval of a Plan of Development (commercial zoning district) will be
required prior to approval and issuance of construction permits to develop and establish use
of the site. Prior to issuance of a building permit, written confirmation will be required from
the emergency fire protection jurisdiction having authority that the facility has been designed
in accordance with their regulations and requirements, and that emergency fire protection
service will be provided to the facility. Prior to issuance of the certificate of occupancy, local
fire protection jurisdiction review and approval will be required.
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n. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a
revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance.
o. The property owner/s and their successors waive claim for diminution in value if the County
takes action to rescind approval due to noncompliance with conditions.
p. The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to enjoy
uses in excess of those permitted by the zoning existing on the date of application, subject
to conditions. In the event of the failure to comply with any condition, the property shall revert
to the zoning that existed on the date of application. It is, therefore, stipulated and agreed
that either revocation due to the failure to comply with any conditions, does not reduce any
rights that existed on the date of application to use, divide, sell or possess the property and
that there would be no diminution in value of the property from the value it held on the date
of application due to such revocation of the Zone Change. The Zone Change enhances the
value of the property above its value as of the date the Zone Change is granted and reverting
to the prior zoning results in the same value of the property as if the Zone Change had never
been granted.
Request for Continuance: On 1/9/23, the applicant requested a continuance of the cases to
the 2/8/23 hearing.
(C-44-23-166-X-00)
Motion to continue to the February 8, 2023 meeting by Supervisor Jack Sellers,
seconded by Supervisor Bill Gates
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
20.
THE VILLE – APARTMENT TOWNHOMES
Case #: Z2022068
Supervisor District: 4
Applicant & Owner: Ashley Marsh, Gammage & Burnham, P.L.C. / Gregory Living Trust
Request: Zone change with overlay from Rural-43 to R-4 RUPD for future multi-family
residential development
Site Location: Generally located ¼ mile east of the northeast corner of 75th Ave. and
Thunderbird Rd. in the Peoria area
Commission Recommendation: On 9/22/22, the Commission voted 7-1, to recommend
approval of Z2022068 subject to conditions ‘a’ – ‘g’:
a. Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “The Ville – Apartment Townhomes”, consisting of one full-size sheet, dated June
20, 2022, and stamped received June 22, 2022, except as modified by the following
conditions.
b. Development of the site shall be in substantial conformance with the Narrative Report
entitled “The Ville – Apartment Townhomes”, consisting of 14 pages, dated June 22, 2022,
and stamped received June 22, 2022, except as modified by the following conditions.
c. The following Planning Engineering conditions shall apply:
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1. APNs 200-68-020L, 200-68-020P and 200-68-020S are located within the jurisdiction of
the City of Peoria (strip annexed) who must approve any zone change proposal within their
confines.
2. Thunderbird Rd. and 73rd Ave. are within the jurisdiction of the City of Peoria. The
applicant is responsible for coordinating with the City to review any traffic impact, right-of-
way dedication, permitting or roadway improvement requirements.
3. Without the submittal of a Plan of Development, no development approval is inferred by
this review, including, but not limited to number of proposed building lots/units, drainage
design, access and roadway alignments. These items will be addressed as development
plans progress and are submitted to the County for further review and/or entitlement.
4. Engineering review of re-zone cases is conceptual in nature. All development and
engineering design shall be in conformance with Section 1205 of the Maricopa County
Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa
County; MCDOT Roadway Design Manual; and current engineering policies, standards, and
best practices at the time of application for construction.
d. The following R-4 RUPD development standards shall apply:
1. Maximum height of 30’ for structures.
2. Minimum 20’ perimeter setback from any zoning boundary or adjacent street, excluding
any refuse enclosure or parking spaces form a zoning boundary.
3. Minimum standard parking space widths of 9½’ and depths of 20’. However, parking
spaces may overhang two feet into a landscape strip or pedestrian walkway, but any parking
spaces that protrude over a pedestrian walkway shall maintain at least a four-foot-wide
clearance to allow for pedestrian access.
e. Prior to a precise plan of development or final plat approval, the applicant shall provide
the Maricopa County Planning and Development Department with an executed pre-
annexation service agreement with the City of Peoria that identifies the detail for when the
proposed project will be annexed and the provision of water and sewer service. In lieu of
pre-annexation service agreement the developer must provide a ‘will serve’ letter from the
certificated water and sewer provider.
f. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a
revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance.
g. The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to enjoy
uses in excess of those permitted by the zoning existing on the date of application, subject
to conditions. In the event of the failure to comply with any condition, the property shall revert
to the zoning that existed on the date of application. It is, therefore, stipulated and agreed
that either revocation due to the failure to comply with any conditions, does not reduce any
rights that existed on the date of application to use, divide, sell or possess the property and
that there would be no diminution in value of the property from the value it held on the date
of application due to such revocation of the Zone Change. The Zone Change enhances the
value of the property above its value as of the date the Zone Change is granted and reverting
to the prior zoning results in the same value of the property as if the Zone Change had never
been granted.
(C-44-23-098-X-00)
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Chairman Hickman noted the applicant requested item 20 be continued to the March 1,
2023 meeting. Chairman Hickman asked the Clerk if there were any registered speakers
or comments received for item 20. The Clerk said none were received.
Motion to continue to the March 1, 2023 meeting by Supervisor Jack Sellers, seconded
by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
21.
EAGLETAIL AIRSTRIP (Continued From 12/07/22)
Case #: Z2020011
Supervisor District: 5
Applicant / Owner: Gretchen House & Michael Tragarz, 99AZ Eagletail Runway Association
/ 99AZ Eagletail Runway Association
Request:
Modification of Condition for permanent extension of Special Use Permit
(SUP) Z 99-87 for a private airstrip/runway in the Rural-43 zoning district
Site Location: Generally located between Broadway Rd. and Southern Ave. approximately
¼ mile west of 539th Ave., in the Harquahala area
Commission Recommendation: On 10/22/20, the Commission voted 8-0 to recommend
approval of Z2020011 with waiver to the Runway Protection Zones and Obstacle Free Zones
per MCZO Art. 1111.3, subject to conditions ‘a’ – ‘j’:
a. Development shall comply with the site plan, entitled "Site Plan of Eagletail Airstrip,”,
consisting of 4 sheets, dated November 18, 1999 and stamped received February 24, 2020
except as modified by the following stipulations.
b. Development shall comply with the provisions in the narrative report entitled "Eagletail
Airstrip, Maricopa County, Arizona Special Use Permit Narrative Report", consisting of 8
pages, dated February 10, 2020 stamped received February 24, 2020 except as modified by
the following stipulations.
c. The applicant shall submit a written report outlining the status of the development at the
end of five years from the date of approval by the Board of Supervisors. The status report
shall be reviewed by staff to determine whether the special use is compatible with the
surrounding area.
d. This Special Use Permit shall be in perpetuity or shall expire upon termination of the use.
Any improvements associated exclusively with the SUP shall be removed within 180 days of
such expiration.
e. All outdoor lighting shall conform to Section 2318 of the Maricopa County Zoning
Ordinance.
f. Major changes to this Special Use Permit must be processed as a revised application with
approval by the Board of Supervisors upon recommendation of the Commission. The
Department of Planning and Development may administratively approve minor changes.
g. No person shall operate, maintain, use or allow the use of any area larger than 5,000
square feet for the parking, storage, servicing or dispatching of motor vehicles without first
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implementing reasonably available control measures to effectively prevent or minimize
fugitive dust.
h. After zoning approval, but prior to issuance of any building permits or the issuance of a
drainage clearance, the developer or his representatives must contact the Flood Control
Permitting Office.
i. Non-compliance with the regulations administered by the Maricopa County Environmental
Services Department, Maricopa County Department of Transportation or the Maricopa
County Flood Control District may be grounds for initiating a revocation of this Special Use
Permit as set forth in Section 2806 of the Zoning Ordinance.
j. The number of flights per month shall be unlimited.
(C-44-21-118-X-00)
Chairman Hickman asked the Clerk if there were any registered speakers or comments
received for item 21. The Clerk said there were speakers both in favor and in opposition.
Mr. Ellsworth reviewed the details of this item that focused on the permanent extension
of Special Use Permit (SUP) Z 99-87 and to exclude the expiration date of the SUP.
He referenced the Commission Recommendation as stated on the agenda item above.
Mr. Ellsworth noted there were currently no outstanding concerns from County
reviewing agencies.
~ Supervisor Gallardo left the dais briefly and then returned ~
Reese Anderson, attorney for the applicant, came forward representing 11 of the 13
property owners within the Eagletail private airstrip. He began by providing some
history on this case.
Mr. Anderson said at this point all the appropriate agencies have reviewed this case
and have ruled in favor of the applicant. What is at issue in this case is whether this is
appropriate land use.
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He pointed out that the Airstrip is about as far west as you can be inside of Maricopa
County.
The slide above showed the location and with each of the following slides, the photos
zoomed in closer to show more precisely where the Airstrip is located.
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Mr. Anderson reviewed the above slide and said this view of the Airstrip is how it has
been since 1994.
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The above slide gives some background, showing that they have been working on this
for a long time trying to resolve all of the issues.
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The above slide shows a copy of the 1994 plat of the Airstrip.
Mr. Anderson said one of the issues was whether this was a valid easement and a
judge ruled it was.
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The slide above is a historic photo showing the early days, and the progression of the
development of the Airstrip as shown in the following slides.
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Historic slides show progression of land development at 5-year intervals.
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Mr. Anderson said it seemed unusual that the opposition is coming from the inside
(neighbors) vs opposition coming from the outside. He reiterated that the issue is
whether this is appropriate land use.
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The above slide shows what the Airstrip has been used for historically.
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Mr. Anderson concluded by saying he wanted to provide some history of what has been
going on at this location for decades. He said there are a variety of subject matter
experts present to answer any questions that may come up.
Supervisor Gallardo said he would welcome speakers who had an alternate viewpoint.
Loraine Morey, Morey Law, PLC, representing the Spargo family who live at the Airstrip
and are in opposition. She rebutted some of what Mr. Anderson had previously stated.
She said her clients were opposed to this based on the safety protection zones that are
being waived in this case and added these zones encroach on their property. She
agreed the matter before the Board today had to do with the extension of the existing
SUP and related safety zones (optical free zones) and runway protections that were
adopted along the way and now will potentially be waived. The property owners said
they have interest in development in the area and are concerned about the increased
risk as an airstrip is established. She does not think the Board of Supervisors (BOS)
should approve and waive the safety zone. She stated the more development, the more
likely there will be an incident related to air traffic safety. Ms. Morey concluded by asking
the Board to please deny SUP as is or continue to review the issue.
Chairman Hickman asked the Clerk about the number of speaker slips. She stated
there were two registered to speak in favor, two to speak in favor only if necessary, and
two speaker slips in opposition.
Supervisor Gallardo restated that a lot of time has been dedicated to this item and the
continued delay. Mr. Anderson came forward to say a continuance would not change
the facts. He said it is important for the parties to come together on an agreement and
he has appreciated Ms. Morey’s recent involvement. He said he believed the property
owners can work together on the issues and not involve the Board in these matters.
Supervisor Gallardo said he would like to hear from the opposition first.
Chairman Hickman called on Ane Falc and she was not present.
Mr. Spargo, property owner, spoke in opposition and read from the Arizona Revised
Statute regulations. He asked how these regulations apply and if they are relevant in
this circumstance. If provisions (for unsafe land use) can be waived for private airstrip,
then who is liable.
Supervisor Gallardo said this case has been continued for two years to allow a dispute
between the property owners to be resolved in court and all appeals have been
exhausted.
Motion to concur with Planning Commission recommendation for approval subject to
conditions ‘a’ through ‘j’ by Supervisor Steve Gallardo, seconded by Supervisor Bill
Gates
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
~ Supervisor Galvin recused himself and left the dais ~
22.
COWBOY MOUNTED SHOOTING TRAINING WITH HALF LOADS
Case #: Z2022141
Supervisor District: 5
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Applicant & Owner: Carrie Hirshberg
Request: Special Use Permit for Mounted Cowboy Shooting in the Rural-43 zoning district
Site Location: Generally located approximately 636 ft. south of the SWC of Weldon Ave. &
359th Ave. in the Tonopah area.
Commission Recommendation: On 11/3/22, the Commission voted 8-0, to recommend
approval of Z2022141 subject to conditions ‘a’ – ‘g’:
a. Development of the site shall be in substantial conformance with the Site Plan entitled
“Horse Training Facility and Training for Cowboy Mounted Shooting Using Half Loads“,
consisting of 3 full-size sheets, stamped received September 26, except as modified by the
following conditions. Staff may determine slight refinements to remain in substantial
conformance with the approved site plan. Minor and major amendments to the site plan will
be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance.
b. Development of the site shall be in substantial conformance with the Narrative Report
entitled “Cowboy Mounted Shooting Training with Half Loads”, consisting of 5 pages,
stamped received September 26, 2022, except as modified by the following conditions.
c. This special use permit is valid for a period of 10 years and shall expire on December 7th,
2032, or upon termination of the use for a period of 90 or more days, whichever occurs first.
All site improvements associated with the special use permit shall be removed within 90 days
of such expiration or termination of use.
d. The following Arizona State Land Department condition shall apply:
1. No projectiles or casings associated with this SUP will be left upon the State Trust Land.
e. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a
revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance.
f. The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to enjoy
uses in excess of those permitted by the zoning existing on the date of application, subject
to conditions. In the event of the failure to comply with any condition, and at the time of
expiration of the Special Use Permit, the property shall revert to the zoning that existed on
the date of application. It is, therefore, stipulated and agreed that either revocation due to
the failure to comply with any conditions, or the expiration of the Special Use Permit, does
not reduce any rights that existed on the date of application to use, divide, sell or possess
the property and that there would be no diminution in value of the property from the value it
held on the date of application due to such revocation or expiration of the Special Use Permit.
The Special Use Permit enhances the value of the property above its value as of the date
the Special Use Permit is granted and reverting to the prior zoning results in the same value
of the property as if the Special Use Permit had never been granted.
g. All existing structures erected without the benefit of a building permit shall be subject to a
building permit with a status of finalled within 6 months of approval of this SUP.
(C-44-23-150-X-00)
Mr. Ellsworth reviewed the item, Cowboy Mounted Shooting Training. This is a request
for a Special Use Permit (SUP) to allow the open-air recreation property to be used for
Cowboy Mounted Shooting training. He said there has been opposition from
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surrounding property owners citing noise and the disharmonious nature of the activity.
Mr. Ellsworth said there have been letters of support and opposition from neighbors.
Supervisor Gallardo stated he had driven out to the property to get a sense of the area
and said he would like to hear from the applicant.
Carrie Hirshberg, applicant, was present to speak and had a presentation. Ms.
Hirshberg talked about the location of the property being remote and equestrian friendly
which is why they purchased there - to be able to do their “equine activities” and
training. She said she was not present today to change the existing ordinance but to
adjust the training to have less noise impact on the neighbors. Ms. Hirshberg explained
this adjustment involved using half load blanks vs full load blanks.
What is Cowboy Mounting Shooting slide reviewed.
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Ms. Hirshberg explained the sport in more detail referring to the slide above.
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On the above slide, she distinguished between half-load and full-load blanks. She said
she was able to simulate the mounted shooting experience without the noise and be
neighbor-friendly too.
Ms. Hirshberg reviewed the slide above that outlined the services she offers. She said
horsemanship is a family/community sport and there are many levels of involvement
for the community including Mounted Shooting. She played a video of her riding in the
arena and talked about the timetable involved with riding the horse from start to finish.
Chairman Hickman asked about night use of the arena. Ms. Hirshberg said her
business is conducted during the daytime.
Supervisor Sellers asked if there was ever a chance of having live rounds in the
revolvers. She said there are no live rounds on her property.
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In reviewing the above slide, Ms. Hirshberg emphasized the location of her business
was selected because of the equestrian focus and remote nature of the property.
The map above shows the location of the property as well as the surrounding
properties.
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Ms. Hirshberg reviewed the slide on addressing opposition and said she has done
everything she can to mitigate complaints. She stated the neighbor who is in opposition
has not offered any feedback for resolution and has chosen not to speak with them.
Chairman Hickman asked the representative for the party in opposition to come
forward.
Peter Furlow, Rose Law Group, represents five households in opposition and 11
individuals whose business interests are being affected by this.
Mr. Furlow reviewed the above slide and said the applicant had already defined
Cowboy Mounted Shooting. He said the issue is that this is going on in the middle of a
residential neighborhood.
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Mr. Furlow said the above slide explains why this is currently allowable. His contention
is this is a business and not a “for fun” activity.
He stated that a reason to deny this SUP is because it is not harmonious to this
neighborhood. The nature of discharging a firearm is not harmonious.
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Mr. Furlow reviewed the information on the above slide and said this use of an SUP
has not been granted in the previous 10 years and he expressed concern of setting a
precedent.
Mr. Furlow reviewed the above slide, highlighting the bolded text to clarify what the
ordinance states.
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Mr. Furlow explained the proximity of the proposed location (yellow star) and the
properties that oppose this business (in red) with the year they bought the property in
black print.
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The above slide shows the proximity of Larkyn Memorial Arena, a similar type of
business, with the nearest neighbors being thousands of feet away.
The above slide is another example, the Ben Avery Shooting Facility.
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Mr. Furlow highlighted an excerpt from the Board of Supervisor’s Staff report.
The above slide shows another excerpt that demonstrates the disharmonious nature of
this business. The opposition focuses on the firearms and associated loud noises.
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Mr. Furlow talked about the comparisons of other activities and decibel levels,
emphasizing that the sound of gun fire is unexpected and can be upsetting. He said
there is no data available to report the actual decibel level of half-load discharges.
Mr. Furlow reiterated the Burden of Truth slide.
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He said in reviewing the above slide, the Staff report showed there have been mitigating
steps taken, however there is no solid evidence to substantiate that statement.
Mr. Furlow reviewed the above slide and added that this is a difficult subject to enforce
due to the proximity.
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Mr. Furlow reviewed the above slide and said it contradicts what has been previously
stated by the applicant.
Mr. Furlow reviewed the Summary slide above.
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Mr. Furlow discussed the proposed stipulations on the above slide and below slide.
With the presentations being complete, Supervisor Gallardo requested public comment
at this time.
Chairman Hickman asked the Clerk how many speaker slips there were. The Clerk said
there were two people who wished to speak in opposition and seven who wish to speak
in favor. Chairman Hickman asked the speakers to consolidate so there would be two
speakers in opposition and two in favor.
Michele Holley, resident, spoke in opposition and had a video she wanted to play that
would demonstrate how loud the shots were in her home. There was technical difficulty
in getting the video to play.
Jeff Friday, resident, spoke in opposition. He stated that shooting is prohibited in
residential neighborhoods and the applicant is asking for a variance so she can shoot
in her own backyard. Mr. Friday spoke about the effects on pets and family and does
not want shooting in this residential neighborhood.
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Michele Holley returned to the podium and expressed how upsetting the shooting
sounds are in her home. She said it is affecting her business and her grandchildren.
Ms. Holley said her grandchildren come to visit and spend time outdoors and they are
upset that they need to plug their ears.
Supervisor Gallardo asked about the nature of Ms. Holley’s business. She said she is
agricultural exempt and a breeder of miniature show horses with her business is right
next door.
The above slide had a video imbedded in it and a portion of it played with sounds of
shots being fired. Ms. Holley said the shots heard in the video were half loads and could
be heard inside her home.
Beverly Anderson, resident, spoke in favor and said she lives about a half block away.
She said her husband used to shoot using whole rounds and the entire neighborhood
was involved. Ms. Anderson said she is used to the sounds and the applicant needs to
just let the neighbors know when they will be training.
Ryan Clark, resident, said he is one of the close neighbors of the applicant and he is
concerned with neighbors who are opposed to this activity. Mr. Clark said this is a rural
community with barking dogs, target shooting, and hunting. He said the half load shots
sound like party poppers. Mr. Clark said he thought it would be helpful for the applicant
to advise neighbors when training would occur.
Supervisor Gallardo asked the applicant to come up.
Ms. Hirshberg came up and talked about the events that they host. She clarified that
the events are not held at their property since they are well attended and there would
not be adequate space. Ms. Hirshberg addressed the lack of data for decibel levels and
stated they have two decibel readers and those readers are not able to pick up the
sounds. She said there are no open violation cases on the property.
Supervisor Gallardo asked about stipulations related to the days and hours of
operation. Ms. Hirshberg said up to this point, she has abided by the local noise
ordinance. She said her business of training horses and training riders is very
structured and the request for half loads would help to round out her business.
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Supervisor Gallardo commented on the friendly nature of the community. This small-
scale training facility is a good fit for a SUP and he recommended that she continue to
work with neighbors.
Motion to concur with Planning Commission recommendation for approval subject to
conditions ‘a’ through ‘g’ adding condition ‘h’ “the discharge of firearms related to
Cowboy Mounted Shooting activities will be limited to daylight hours after 8:00 a.m.” by
Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Steve Gallardo
Recused: Thomas Galvin
~ Supervisor Galvin returned to the dais ~
~ NOTE: Item 8 was moved from the Planning and Zoning Consent Agenda to the Planning
and Zoning Regular Agenda due to speaker participation and heard the following item 22 ~
8.
MARCO’S AUTO REPAIR, LLC
Case #: Z2022086
Supervisor District: 5
Applicants & Owners: Marco and Danielle Malanche
Request: Special Use Permit (SUP) for an Interim Industrial Use (auto repair business) in
the Rural-43 zoning district
Site Location: Generally located 172’ southeast of the southeast corner of Lower Buckeye
Rd. & 166th Ave. in the Goodyear area
Commission Recommendation: On 12/8/22, the Commission voted 6-2, to recommend
approval of Z2022086 subject to conditions ‘a’ – ‘j’:
a. Development of the site shall comply with the Legal Description entitled “Legal
Description”, consisting of 2 pages, dated November 17, 2022, and stamped received
November 18, 2022, except as modified by the following conditions.
b. Development of the site shall be in substantial conformance with the Site Plan entitled,
“Site Plan” consisting of one full-size sheet dated November 22, 2022, and stamped received
November 22, 2022, except as modified by the following conditions. Staff may determine
slight refinements to remain in substantial conformance with the approved site plan. Minor
and major amendments to the site plan will be determined in accordance with Chapter 3 of
the Maricopa County Zoning Ordinance.
c. Development of the site shall be in substantial conformance with the Narrative Report
entitled, “Narrative Report”, consisting of four pages, dated November 8, 2022, and stamped
received November 8, 2022, except as modified by the following conditions.
d. The following Planning Engineering conditions shall apply:
1. Engineering review of planning and/or zoning cases is for conceptual design only. All
development and engineering design shall be in conformance with Section 1205 of the
Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain
Regulations for Maricopa County; MCDOT Roadway Design Manual; and current
engineering policies, standards and best practices at the time of application for construction.
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2. MCDOT is requiring the dedication of additional ROW so that there is a total of 55’ R/W
from the centerline to the property line. Dedication of the ROW must be completed within 6
month of BOS approval or prior to issuance of any building/construction permits, whichever
comes first. The ROW dedication takes time and approval from the Board of Supervisors.
The dedication is not required for approval of this Zoning case, but it is required before the
Building
permit
can
be
issued.
See
the
MCDOT
webpage
https://www.mcdot.maricopa.gov/744/Right-of-Way-Dedications for more information on the
dedication process. You may contact MCDOT Planning (MCDOTPlanning@maricopa.gov)
for more information.
3. Detailed Grading and Drainage (Infrastructure) Plans must be submitted with the
application for the Building Permits.
e. The following SUP standards shall apply:
1. Parking - 8 parking spaces including 2 required ADA spaces / Vehicles shall only be stored
within these dedicated spaces or within a fully enclosed space.
All other development standards per Rural 43 zoning shall apply
f. All outdoor lighting shall be shielded and directed downward and otherwise in accordance
with Section 1112 of the Maricopa County Zoning Ordinance.
g. The special use permit shall expire 6 years from the date of BOS approval or upon
termination of the use for a period of 90 or more days, whichever occurs first. All site
improvements associated with the special use permit shall be removed within 90 days of
such expiration or termination of use – unless otherwise permitted in the Rural-43 zoning
district.
h. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a
revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance.
i. The property owner/s and their successors waive claim for diminution in value if the County
takes action to rescind approval due to noncompliance with conditions.
j. The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to enjoy
uses in excess of those permitted by the zoning existing on the date of application, subject
to conditions. In the event of the failure to comply with any condition, and at the time of
expiration of the Special Use Permit, the property shall revert to the zoning that existed on
the date of application. It is, therefore, stipulated and agreed that either revocation due to
the failure to comply with any conditions, or the expiration of the Special Use Permit, does
not reduce any rights that existed on the date of application to use, divide, sell or possess
the property and that there would be no diminution in value of the property from the value it
held on the date of application due to such revocation or expiration of the Special Use Permit.
The Special Use Permit enhances the value of the property above its value as of the date
the Special Use Permit is granted and reverting to the prior zoning results in the same value
of the property as if the Special Use Permit had never been granted.
(C-44-23-176-X-00)
Chairman Hickman asked the Clerk if there were any registered speakers or comments
received for item 8. The Clerk said there was a speaker form received from the
applicants, Danielle and Marco Malanche and there were two speaker forms received
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in opposition from Guillermo Garza and Daisy Garza. Additionally, there were three who
registered their position in opposition: Manuel Rivas, Jesse Valles, Jose Vargas.
Chairman Hickman asked the applicant to come forward.
Danielle and Marco Malanche, owners of Marco’s Auto Repair, introduced themselves
and said they would be available to respond to opposition as needed.
The Clerk said Guillermo Garza was online to speak.
Mr. Garza said he is the neighbor who is directly affected by the Malanche’s business
over the course of many years. He said this business has invaded Mr. Garza’s privacy
because the many people who come to the business have a view of his home that has
many windows on the west side. Mr. Garza said he fears for his safety. He requested
that if the permit is granted that it be reviewed every two years by the County to ensure
the requirements are being met. He stated this is a residential area not a commercial
area.
Supervisor Gallardo asked Tom Ellsworth, Director of Planning and Development, to
give an overview of this item.
Mr. Ellsworth said this is a request for a Special Use Permit (SUP) to allow for an interim
industrial use permit on a two-acre site in the Goodyear area. He gave a few details of
the location and orientation of the property. He said the shop in question is behind a
primary residence that faces Buckeye Road. All the repairs are done within an enclosed
building. The person residing in the residential structure is a mother-in-law. He said if
they lived there, it would qualify as a home occupation business.
Motion to concur with Planning Commission recommendation for approval subject to
conditions ‘a’ through ‘j’ by Supervisor Steve Gallardo, seconded by Supervisor
Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
STATUTORY HEARINGS - AUDIENCIAS LEGALES
If you would like to send a comment or question regarding one of the statutory hearing items,
please send email to Agenda.Comments@maricopa.gov
Clerk of the Board Statutory Hearings - Audiencias Legales de la Secretaria de la Junta
23.
IMPACT STATEMENT HEARING FOR THE PROPOSED MEDLOCK PLACE
IRRIGATION WATER DELIVERY DISTRICT (continued from Sept. 14, 2022 and Nov.
2, 2022 meeting)
Pursuant to A.R.S. § 48-261 and § 48-263, convene the scheduled public hearing on the
impact statement for the proposed Medlock Place Irrigation Water Delivery District.
The Board of Supervisors will hear those who appear for and against the proposed district
and shall determine whether the creation of the district will promote public health, comfort,
convenience, necessity, or welfare.
If the Board determines that the public health, comfort, convenience, necessity, or welfare
will be promoted, it shall approve the district impact statement, a bond of $250, and authorize
the persons proposing the district to circulate petitions within the following proposed
boundaries of the district:
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All of THE PALMS, a Condominium of the Southeast Quarter of the Southwest Quarter, of
Section 17, Township 2 North, Range 3 East, of the Gila and Salt River Base and Meridian
according to the Record in the Office of the County Recorder of Maricopa County, Arizona,
Recorded in Docket 13852, Page 877, and re-recorded in Docket 14005, page 984;
TOGETHER WITH
The West 100 feet of the East 318 feet of Lot 1, Block 2, of EVANS ADDITION TO
ORANGEWOOD, a Subdivision of Section 17, Township 2 North, Range 3 East, of the Gila
and Salt River Base and Meridian according to the Plat of Record in the Office of the County
Recorder of Maricopa County, Arizona, Recorded in Book 2 of Maps, Page 56;
TOGETHER WITH
The North 162.5 feet of Lot 4, Block 2, of EVANS ADDITION TO ORANGEWOOD, a
Subdivision of Section 17, Township 2 North, Range 3 East, of the Gila and Salt River Base
and Meridian according to the Plat of Record in the Office of the County Recorder of
Maricopa County, Arizona, Recorded in Book 2 of Maps, Page 56;
TOGETHER WITH
The West 120 feet of the East half of the East half of Lot 20, Block 2, of EVANS ADDITION
TO ORANGEWOOD, a Subdivision of Section 17, Township 2 North, Range 3 East, of the
Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the
County Recorder of Maricopa County, Arizona, Recorded in Book 2 of Maps, Page 56;
TOGETHER WITH
Lots 1 through 47, of MEDLOCK PLACE AMENDED, a Subdivision of Section 17, Township
2 North, Range 3 East, of the Gila and Salt River Base and Meridian according to the Plat of
Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book
16 of Maps, Page 6;
TOGETHER WITH
Lots 48 through 57, Lots 62 through 63, Lot 65, and Lots 68 through 71, of SOUTH
MEDLOCK PLACE, a Subdivision of Section 17, Township 2 North, Range 3 East, of the
Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the
County Recorder of Maricopa County, Arizona, Recorded in Book 16 of Maps, Page 42;
TOGETHER WITH
Lots 1 through 6, and Lots 9 through 15, of ORANGEWOOD ESTATES, a Subdivision of
Section 17, Township 2 North, Range 3 East, of the Gila and Salt River Base and Meridian
according to the Plat of Record in the Office of the County Recorder of Maricopa County,
Arizona, Recorded in Book 19 of Maps, Page 47; Except the West 122 feet of said Lot 1,
and Except the West 61 feet of said Lot 2, and Except the West 130 feet of said Lot 6;
TOGETHER WITH
Lot 2, and Lots 4 through 8, of Block 1, Lots 1 through 8, of Block 2, and Lots 1, 2, 3, and
the East 18 feet of Lot 4, Lot 5, and Lot 7, of Block 3, of SOUTH ORANGEWOOD, a
Subdivision of Section 17, Township 2 North, Range 3 East, of the Gila and Salt River Base
and Meridian according to the Plat of Record in the Office of the County Recorder of
Maricopa County, Arizona, Recorded in Book 25 of Maps, Page 12; Except the North 19 feet
of the West 27 feet of said Lot 4 Block 1, and Except the North 19 feet of the East 46.5 feet
of said Lot 6 Block 1, and Except the East 46.5 feet of said Lot 5 Block 1;
TOGETHER WITH
Lots 1 through 30, of ALDRICH PLACE, a Subdivision of Section 17, Township 2 North,
Range 3 East, of the Gila and Salt River Base and Meridian according to the Plat of Record
in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 26 of
Maps, Page 9;
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TOGETHER WITH
All of 21 PASADENA, a Horizontal Property Regime of Section 17, Township 2 North, Range
3 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the
Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 281 of Maps,
Page 42. (Supervisorial District 3)
This item was continued from the Sept. 14, 2022 and November 2, 2022 meeting.
(C-06-23-097-X-00)
Chairman Hickman asked the Clerk if there were any registered speakers or comments
received for item 23. The Clerk said none were received.
Motion to approve by Supervisor Bill Gates, seconded by Supervisor Steve Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
24.
DEANNEXATION FROM CITY OF MESA ORDINANCE NO. 5741 TO MARICOPA
COUNTY
Pursuant to A.R.S. § 9-471.02 & A.R.S. § 9-471.03 convene the public hearing to determine
if the public interest is served by de-annexing road right-of-way from City of Mesa jurisdiction
to Maricopa County in accordance with City of Mesa Ordinance No. 5741, and the analysis
of the impact of the requested de-annexation.
Right-of-way location: Southeast corner Signal Butte RD and Mercury DR. Supervisory
District No. 2.
A portion of the northwest quarter of Section 24, Township 1 North, Range 7 East, of Gila
and Salt River Base and Meridian, Maricopa County, Arizona.
MCDOT Analysis: The existing roadway is owned/operated/maintained by MCDOT. The
southeast corner of Signal Butte Rd and Mercury Dr is currently in development as a
residential subdivision requiring roadway improvements. These improvements require the
deannexation of 15 feet along Signal Butte Rd to accommodate an arterial roadway and 25
feet along both Mercury Dr and Boston Street to accommodate local roadways. This
annexation will ensure the roadway is fully within unincorporated Maricopa County and
reduce conflict of liability. The roadway improvements are a necessary improvement to the
traveling public.
The Board action will result to add 0.0022 square miles to County ownership and enable the
County to assume responsibility for road maintenance.
Financial Status: Cost of the roadway(s) development falls to the developer with no initial
cost to Maricopa County. Cost of maintenance moving forward is typical of roadway
maintenance cost and will be the responsibility of Maricopa County. The cost of roadway
maintenance provides a benefit to the traveling public.
After reviewing the analysis and hearing those that may appear for or against the request, if
the Board determines that the public interest is served by this deannex/annexation action, a
vote of approval shall direct the following:
1. File an ordinance setting forth the legal description of the public right-of-way and declaring
the return of the right-of-way contingent on the fulfillment of the additional conditions of the
statute in the Office of the Clerk of the Board.
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2. Pursuant to ARS §9-471.03(F), set a public hearing for February 8, 2023, to de-annex
road subject right-of-way from City of Mesa jurisdiction to Maricopa County, in accordance
with Mesa Ordinance No. 5741, and the Ordinance approved by the Board of Supervisors
on this date.
3. Send notice of the date, time and place of the hearing on the requested action to each
owner of real property subject to taxation adjacent to the subject public right-of-way at least
twenty (20) days prior to the hearing.
Legal description of the roadway to be de-annexed, identified as Exhibit "A", is attached.
(C-06-23-431-X-01)
Chairman Hickman asked the Clerk if there were any registered speakers or comments
received for items 24 and 25. The Clerk said Blue Crowley would like to speak on these
items.
~ Supervisor Gates left the dais ~
Mr. Crowley said he was surprised that, approximately 12 years ago, the east valley
mayors did not maintain infrastructure in their plan. With this deannexation, the
County will now be responsible for the infrastructure. He said he would be in favor
of buses to be integrated into the plan.
~ Supervisor Gates returned to the dais ~
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
25.
DEANNEXATION FROM CITY OF MESA ORDINANCE NO. 5762 TO MARICOPA
COUNTY
Pursuant to A.R.S. § 9-471.02 and 9-471.03 convene the public hearing to determine if the
public interest is served by de-annexing road right-of-way from City of Mesa jurisdiction to
Maricopa County in accordance with City of Mesa Ordinance No. 5762, and the analysis of
the impact of the requested de-annexation.
Right-of-way location: From Sossaman and Warner intersection to 1471.47 feet north.
Supervisory District No. 2.
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 1 SOUTH,
RANGE 7 EAST OF THE GILA & SALT RIVER MERIDIAN, MARICOPA COUNTY,
ARIZONA.
MCDOT Analysis: The existing roadway is owned/operated/maintained by MCDOT. The
adjacent area is currently under development for industrial uses requiring roadway
improvements. These improvements require the deannexation of 32 feet along Sossaman
Road to accommodate an arterial roadway. This deannexation will ensure the roadway is
fully within unincorporated Maricopa County and reduce conflict of liability. The roadway
improvements are a necessary improvement to the traveling public.
Financial Status: Cost of the roadway(s) development falls to the developer with no initial
cost to Maricopa County. Cost of maintenance moving forward is typical of roadway
maintenance cost and will be the responsibility of Maricopa County. The cost of roadway
maintenance provides a benefit to the traveling public.
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The Board action will result to add 0.0019 square miles to County ownership and enable the
County to assume responsibility for road maintenance.
After reviewing the analysis and hearing those that may appear for or against the request, if
the Board determines that the public interest is served by this de-annex/annexation action,
a vote of approval shall direct the following:
1. File an ordinance setting forth the legal description of the public right-of-way and declaring
the return of the right-of-way contingent on the fulfillment of the additional conditions of the
statute in the Office of the Clerk of the Board.
2. Pursuant to ARS § 9-471.03, set a public hearing for Wednesday, March 1, 2023 to de-
annex road subject right-of-way from City of Mesa jurisdiction to Maricopa County in
accordance with City of Mesa Ordinance No. 5762, and the Ordinance approved by the
Board of Supervisors on this date.
3. Send notice of the date, time and place of the hearing on the requested action to each
owner of real property subject to taxation adjacent to the subject public right-of-way at least
twenty (20) days prior to the hearing.
(C-06-23-479-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Transportation Statutory Hearings - Audiencias Legales de Transportación
26.
PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0215
Convene a hearing for Road File No. PAB-0215 to consider the request to abandon a portion
of a Federal Patent Easement Number #1194926 lying in the Southwest quarter of Section
09 – T4N, R1E of the Gila and Salt River Meridian, Maricopa County, Arizona. Located in
the general vicinity of Mariposa Grande and 97th Avenue and known as Assessor Parcel
Number 201-16-016F. Notice conditions and the request for comment requirements have
been met.
Supervisory District No. 4
(C-64-23-149-X-01)
Chairman Hickman asked the Clerk if there were any registered speakers or comments
received for items 26 and 27. The Clerk said none were received.
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
27.
PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0214
Convene a hearing for Road File No. PAB-0214 to consider the request to abandon a portion
of a Federal Patent Easement Number #1198279 lying in the Northwest quarter of Section
7 – T4N, R1E, of the Gila and Salt River Meridian, Maricopa County, Arizona. Located in the
general vicinity of Hatfield Road and 114th Avenue and known as Assessor Parcel Number
201-22-028E. Notice conditions and the request for comment requirements have been met.
Supervisory District No. 4
(C-64-23-150-X-01)
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Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
COUNTY OFFICERS - OFICIALES DE CONDADO
Board of Supervisors - Junta de Supervisores
28.
RESIGNATION FROM AND APPOINTMENT TO THE MERIT SYSTEMS COMMISSION
Accept the resignation of Larry Pickard from the Merit Systems Commission, representing
Supervisorial District 4. The resignation is effective December 12, 2022.
Approve the appointment of Mike Branham to the Merit Systems Commission, representing
Supervisorial District 4, completing the term of resigning Commissioner Larry Pickard, term
effective as of Board approval through December 31, 2024
(C-06-23-425-X-00)
Motion to approve by Supervisor Bill Gates, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Chairman Hickman thanked Mr. Branham for his service as a Constable and for his
willingness to serve on the Merit Systems Commission.
29.
RESIGNATION FROM THE CITIZENS' AUDIT ADVISORY COMMITTEE
Accept the resignation of Barbara Coppage from the Citizens' Audit Advisory Committee,
representing Supervisorial District 3. The resignation is effective as of December 27, 2022.
(C-06-23-424-X-00)
Motion to approve by Supervisor Bill Gates, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
30.
REAPPOINTMENT TO THE TRAVEL REDUCTION PROGRAM REGIONAL TASK
FORCE
Approve the reappointment of Jerry Geering and Kim Passante to the Travel Reduction
Program Regional Task Force, representing Supervisorial District 4 and Supervisorial District
2 respectively. The terms of service will be effective February 1, 2023 through January 31,
2025.
Approve the reappointment of Jerry Geering as the Chairman of the Travel Reduction
Program Regional Task Force, as nominated and elected by the Task Force on November
15, 2022. The term of service as Chairman will be February 1, 2023 through January 31,
2024
(C-06-23-426-X-00)
Motion to approve by Supervisor Bill Gates, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Formal Meeting Minutes
01/25/2023
Page 67 of 113
31.
REAPPOINTMENT TO THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY
Approve the reappointment of Supervisor Jack Sellers to the Regional Public Transportation
Authority, serving as the Board of Supervisors Representative. The term of service will be
effective as of Board approval through December 31, 2023
(C-06-23-475-X-00)
Blue Crowley spoke and thanked Supervisor Sellers for his contributions in the Regional
Public Transportation Authority. He stated his disappointment in the lack of busses and
bus structures in the County.
Motion to approve by Supervisor Bill Gates, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
32.
REAPPOINTMENT TO THE BOARD OF HEALTH
Approve the reappointment of Supervisor Bill Gates to the Board of Health, serving as the
Board of Supervisors Representative. The term of service will be effective as of Board
approval through December 31, 2023.
(C-06-23-476-X-00)
Motion to approve by Supervisor Bill Gates, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
33.
REAPPOINTMENT TO THE GREATER PHOENIX RYAN WHITE HIV SERVICES
PLANNING COUNCIL
Approve the reappointment of Supervisor Steve Gallardo to the Greater Phoenix Ryan White
HIV Services Planning Council, serving as the Board of Supervisors Representative. The
term of service will be effective March 1, 2023 through February 29, 2024.
(C-06-23-474-X-00)
Motion to approve by Supervisor Bill Gates, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
34.
REAPPOINTMENT TO THE HEAD START ZERO-FIVE POLICY COUNCIL
Approve the reappointment of Cristina Arzaga-Williams to the Head Start Zero-Five Policy
Council, as the Board of Supervisors Designee, Non-Voting Member. The term of service
will be effective as of Board approval through September 26, 2023
(C-06-23-477-X-00)
Motion to approve by Supervisor Bill Gates, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
35.
REAPPOINTMENT TO THE PARKS AND RECREATION ADVISORY COMMISSION
Approve the reappointment of Eric Mears to the Parks and Recreation Advisory Commission,
representing Supervisorial District 3. The term of service will be effective as of Board
approval through December 31, 2024.
(C-06-23-482-X-00)
Motion to approve by Supervisor Bill Gates, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Formal Meeting Minutes
01/25/2023
Page 68 of 113
36.
REAPPOINTMENT TO THE PARKS AND RECREATION ADVISORY COMMISSION
Approve the reappointment of Jack Stapley to the Parks and Recreation Advisory
Commission, representing Member At-Large, Chairman Appointment. The term of service
will be effective from Board approval through December 31, 2024
(C-06-23-485-X-00)
Motion to approve by Supervisor Bill Gates, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Clerk of the Board - Secretaria de la Junta
37.
SPECIAL EVENT LICENSE FOR SOUTHWEST WILDLIFE CONSERVATION CENTER
Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by
Robin Christine Wilson for Southwest Wildlife Conservation Center at White Tank Mountain
Reginal Park at 20304 West White Tank Mountain Road, Waddell, Arizona 85355 to be held
on Saturday, March 11, 2023 from 8:00 am to 12:00 am. (Supervisorial District 4)
(C-06-23-406-X-00)
Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Thomas
Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
38.
SPECIAL EVENT LICENSE FOR CENTRAL ARIZONA MOUNTAIN BIKE PATROL
ASSOCIATION
Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by
Daniel P. Ryan for Central Arizona Mountain Bike Patrol Association at McDowell Mountain
Regional Park at 16300 McDowell Mountain Drive, Fort McDowell, Arizona 85264 to be held
on the following dates:
Friday, March 10, 2023 from 3:00 pm to 8:00 pm
Saturday, March 11, 2023 from 10:00 am to 6:00 pm.
Sunday, March 12, 2023 from 10:00 am to 3:00 pm. (Supervisorial District 2)
(C-06-23-407-X-00)
Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Thomas
Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
39.
SPECIAL EVENT LICENSE FOR KNIGHTS OF COLUMBUS COUNCIL 12144
Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by
Frank James Macedon for Knights of Columbus Council 12144 at 9728 West Palmeras
Drive, Sun City, Arizona 85373 to be held on Saturday, April 15, 2023 from 5:00 pm to 11:00
pm. (Supervisorial District 4)
(C-06-23-410-X-00)
Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Thomas
Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Formal Meeting Minutes
01/25/2023
Page 69 of 113
40.
SPECIAL EVENT LICENSE FOR ST. KATHERINE GREEK ORTHODOX CHURCH
Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by
Glenn Richard Thorpe for St. Katherine Greek Orthodox Church at 2716 North Dobson Road,
Chandler, Arizona 85224 to be held on Saturday, February 11, 2023 from 11:00 am to 11:00
pm. (Supervisorial District 1)
(C-06-23-417-X-00)
Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Thomas
Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
41.
SPECIAL EVENT LICENSE FOR WISCONSIN CLUB OF SUN CITY
Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by
Daryl Bert Lund for Wisconsin Club of Sun City at Sun Bowl Sun City at 10220 North 107th
Avenue, Sun City, Arizona 85351 to be held on Thursday, March 9, 2023 from 10:00 am to
4:00 pm. (Supervisorial District 4)
(C-06-23-423-X-00)
Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Thomas
Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
42.
SPECIAL EVENT LICENSE FOR RISEN SAVIOR LUTHERAN CHURCH
Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by
Jill Lopez for Risen Savior Lutheran Church at 23620 South Alma School Road, Sun Lakes,
Arizona 85248 to be held on Saturday, March 4, 2023 from 4:00 pm to 10:00 pm.
(Supervisorial District 1)
(C-06-23-427-X-00)
Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Thomas
Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
43.
APPLICATION FOR BROOKSEE ORGANIZATION FIREWORK DISPLAY
Pursuant to A.R.S. § 36-1603, approve an application for a fireworks display filed by Ron
Fuchs of Fireworks Productions of Arizona. The event will be located at 3960 North Usery
Pass Road, Mesa, Arizona 85207 on February 4, 2023 at 6:30 PM. A.M. (Supervisorial
District 2)
(C-06-23-442-X-00)
The Clerk noted at the start of the meeting there was a correction on the time for item
43. The change is noted with a strike-out and new wording underlined.
Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Thomas
Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
County Attorney - Procurador del Condado
44.
OFFICIAL APPOINTMENTS AND OATHS OF OFFICE - COUNTY ATTORNEY
Formal Meeting Minutes
01/25/2023
Page 70 of 113
Pursuant to A.R.S.§11-409 and A.R.S.§11-403, approve the official appointment of the
following deputies, special deputies, and assistants of the Maricopa County Attorney.
November 14, 2022
Lori Brooks Legal Support Assistant
Stephanie Dow Legal Support Specialist
November 28, 2022
Lindsey Anderson Deputy County Attorney
Morgan Ewing Deputy County Attorney
Timothy Gallaspy Security Investigative Aide
Roger Geisler Detective
Shelley Johnston Legal Support Assistant
Janna Jehlen-Koch Deputy County Attorney
December 12, 2022
Kelly Light Legal Support Clerk
Avianna Martin Paralegal
William Surrell Accountant
Tammy To Security Investigative Aide
December 27, 2022
Savannah Banuelos Legal Support Specialist
Diana Orozco Legal Support Assistant
Carla Palacio Legal Support Clerk
Carla Gianne Rendon Legal Support Clerk
(C-19-23-069-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
School Superintendent - Superintendente de Escuelas
45.
FUNDING BUDGET ADJUSTMENT AND ACCEPT DONATION FROM TAIWAN
SEMICONDUCTOR MANUFACTURING COMPANY (TSMC) TO PURCHASE MICRO-
BIT KITS FOR MARICOPA K-12 CLASSROOMS
Approve funding from TSMC, Arizona to the Maricopa County School Superintendent’s
Office (MCSSO) to purchase Micro-Bit Classroom Kits for Maricopa K-12 schools. These
Micro-Bit Classroom Kits are aimed to provide access to and enhance student experiential
learning, technical skills and critical real-world learning significant to education development
and our future workforce in Maricopa County. Teachers in Maricopa County will check-out
the TSMC Classroom Kits to implement lessons with their classrooms.
The TSMC funding award is in the amount of $13,136.00 for 250 Micro-bit Kits. The Micro-
Bit Kits will be purchased in February 2023 with teachers to begin to check-out the Micro-Bit
Kits in March 2023.
This is new funding and is not expected to reoccur. The funding does not require an in-kind
match. This is not a mandated function but provides a resource benefit to both Maricopa
County teachers and students by removing teacher barriers to access classroom technology
and increase student experiential learning and technical skills for education and future
workforce development.
Formal Meeting Minutes
01/25/2023
Page 71 of 113
As a result of this funding and pursuant to A.R.S. §42-17106(B), approve an adjustment to
the FY 2023 County School Superintendent (D370) Schools Grants Fund (715) Operating
(OPER) revenues and expenditures budget in the amount of $13,136.00.
Donations are not local revenues for the purpose of the constitutional expenditure limitation,
and therefore expenditure of the revenues is not prohibited by the budget law. This budget
adjustment does not alter the budget constraining the expenditure of local revenues duly
adopted by the Board pursuant to A.R.S. §42-17105. Funding for this Agreement is provided
by TSMC and will not affect the County’s general fund.
(C-37-23-021-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
46.
COLLABORATION AGREEMENT WITH ARIZONA STATE UNIVERSITY AND BUDGET
ADJUSTMENT FOR THE CREATION OF 4 NANO-COURSES
Approve Collaboration Agreement (“Agreement”) between the Maricopa County School
Superintendent’s Office (MCSSO) and the Arizona Board of Regents for and on behalf of
Arizona State University (ASU) to collaborate on the design of 4 online nano-courses, which
will be delivered and hosted by ASU’s Mary Lou Fulton Teachers College (MLFTC) on its
Community Educators platform. These nano-courses will provide training to industry
professionals and community members registered in the MCSSO Educator Pro Connect
Platform and the MLFTC Community Educators project to enhance student real-world
learning and career awareness in Maricopa County K-12 schools. The Agreement to
develop the nano-courses shall become effective February 1st, 2023, with an estimated end
date of April 1st, 2023. Maricopa County is authorized to enter into this Agreement under
§11-952 for the purposes of exercising joint powers or contracting for services.
This is new funding and is not expected to reoccur. The funding does not require an in-kind
match. This is not a mandated function but provides a benefit of industry professionals and
community members in Maricopa County who will be trained to support and partner with
teachers for student project-based learning, increased authentic real-world content and
sharing of career awareness and pathways. The nano-courses expand the capacity of the
MCSSO Educator Pro Connect platform. Educator Pro Connect Platform (a 2022 Maricopa
NACo Awardee) matches industry professionals and community members with educators.
MCSSO in collaboration with ASU’s Mary Lou Fulton Teachers College will design four (4)
online nano-courses that will train industry professionals and community members who
register in the MCSSO Educator Pro Connect Platform and/or participate in the MLFTC
Community Educators project. ASU will pay MCSSO $1,300.00 for design of each nano-
course for a total of four (4) online courses, $5,200.00.
As a result of this Agreement and pursuant to A.R.S. §42-17106(B), approve the following
budget adjustments:
Increase the FY 2023 County School Superintendent (D370) School Communication Fund
(782) Operating (OPER) revenue and expenditure budgets in the amount of $5,200.
Decrease the FY 2023 Non Departmental (D470) Non Departmental Grants Fund (249)
Operating (OPER) contingency line (4711) revenue and expenditure budgets in the amount
of $5,200.
(C-37-23-020-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin
Formal Meeting Minutes
01/25/2023
Page 72 of 113
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Sheriff - Alguacil
47.
AGREEMENT WITH THE DRUG ENFORCEMENT ADMINISTRATION FOR ORGANIZED
CRIME DRUG ENFORCEMENT TASK FORCES (OCDETF) - FFY2023
Approve the Agreement and acceptance of grant funds to the Sheriff’s Office from the Drug
Enforcement Administration, Organized Crime Drug Enforcement Task Force (OCDETF)
Investigative/Strategic Initiative # MN-20-0001/SWAZ P0904 in the amount of $416,000 for
the award period beginning October 1, 2022 and terminating on September 30, 2023. This
Agreement may be terminated by any of the parties by written notice to the other parties ten
(10) business days prior to termination.
The funding award is recurring and has been awarded to the Sheriff’s Office the past eleven
(11) years. There is no match requirement. The Sheriff’s Office indirect cost rate for FY23 is
12.30%, applicable to the award amount of $416,000 less capital expenses of $162,830.96
for an indirect cost base of $253,169.04 and indirect costs of $31,139.79 which will be
absorbed by the General Fund. There are no future or ongoing contributions required after
the grant period ends; however, property (items) purchased with these funds must remain
available to the Strike Force/Strategic Initiative for the duration of its existence.
This is not a mandated function although it supports the MCSO public safety mandate and
provides a benefit to the citizens by disrupting the illicit drug trafficking organizations in
Maricopa County and the State of Arizona resulting in a more safe and secure community.
This is a non-competitive award. The Maricopa County Sheriff’s Office is one of several local
law enforcement agencies in the Phoenix metro area that participate in this effort. This is
reimbursement funding that will be used to purchase capital and non-capital equipment; to
lease and operate a vehicle; to secure subscription technical service; to pay monthly data
charges relating to several types of equipment; and to secure contracted analyst service.
These revenues are not local revenues for the purpose of the constitutional expenditure
limitation, and therefore, expenditures of these revenues are not prohibited by the budget
law.
(C-50-23-113-X-00)
Motion to approve by Supervisor Bill Gates, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
48.
AGREEMENT WITH D-BACKS FOR LAW ENFORCEMENT SERVICE AT CHASE FIELD
Approve an Agreement for Law Enforcement Service between Maricopa County on behalf
of the Sheriff’s Office and AZPB Limited Partnership, A Delaware limited partnership and
AZPB FM Limited Partnership, A Delaware limited partnership retroactive to December 16,
2022, with updated costs that are effective January 1, 2023. This agreement ends December
31, 2025, with one automatic renewal for a two-year period from January 1, 2026, through
December 31, 2027. This contract may be terminated for cause with resolution within 30
days, and either party may cancel with 30 days written notice to terminate without cause.
This Agreement reimburses the County for law enforcement service at events held at the
Major League Baseball stadium and related grounds in downtown Phoenix, known as Chase
Field. This is a labor-intensive agreement and costs are recovered at overtime rates and
benefits for time worked plus a communications charge and 3% administrative charge for
each event. Additional charges are applicable to resources such as canines, horses, and
Formal Meeting Minutes
01/25/2023
Page 73 of 113
specialized equipment when used. The Diamondbacks are billed monthly for services
incurred the previous month.
(C-50-23-123-X-00)
Motion to approve by Supervisor Bill Gates, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
49.
AMENDMENT TO THE SUBGRANTEE AGREEMENT FROM THE ARIZONA
DEPARTMENT OF HOMELAND SECURITY – PROJECT #200209-02
Approve Amendment No. 1 to the Subgrantee Agreement from the Arizona Department of
Homeland Security, Project #200209-02. This amendment extends the expiration date of the
Agreement from December 31, 2022, until March 31, 2023. All other terms and conditions
are the same.
This funding award is not recurring and there is no match requirement. It was competitively
bid. The purpose for which it is being used it is not a mandated function.
This Amendment extends the amount of time to purchase, receive and pay for new
Interoperable Special Event Radio Headsets by 3/31/23. The original award amount of
$10,000 was approved on June 22, 2022 (C-50-22-184-X-00).
(C-50-22-184-X-01)
Motion to approve by Supervisor Bill Gates, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
50.
DONATIONS TO THE SHERIFF'S OFFICE MASH
Accept the non-cash donation comprised of multiple items designated for use in the Sheriff's
MASH Unit with a total value of $5,823 from Living the Dream Rescue in Phoenix, Arizona.
Also accept individual cash donations designated for MASH as follows: $790 from Valley of
the Sun United Way, $300 from Crystal Inzunza, $350 from David Reinken, and $250 from
Carrie Ferguson.
These donations will be used in MASH, the Maricopa County Sheriff’s Animal Safe Haven,
where evidentiary animals seized in criminal animal abuse cases are housed and cared for.
(C-50-23-114-X-00)
Motion to approve by Supervisor Bill Gates, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
51.
MOU BETWEEN VALLEYWISE HEALTH AND ECD SYSTEMS, OET AND MCSO
Approve the MOU Between Valleywise Health, a Maricopa County Special Health Care
District (“Valleywise”) and ECD Systems (ECDsys), Office of Enterprise Technology (OET)
and Maricopa County Sheriff’s Office (MCSO).
This MOU establishes a cooperative agreement and understanding concerning two-way
radio system leverage that provides MCSO with the added benefit of increased signal
strength and coverage from the First Responder system.
This is a non-financial MOU and is effective as of the last signature date written on the MOU
with no expiration date and can be modified, amended, waived or terminated by either party
in writing with a 60-day notice.
Formal Meeting Minutes
01/25/2023
Page 74 of 113
(C-50-23-115-X-00)
Motion to approve by Supervisor Bill Gates, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
52.
ONE TIME ADDITION TO FLEET
Approve the one-time addition to fleet of red-lined vehicle #311409, a 2014 Ford Expedition,
VIN 1FMJU1G59EEF16539, with current mileage of 129,173. This vehicle will remain
assigned to MCSO Major Crimes Division for use as loaner vehicle for detectives when a
regularly assigned vehicle is down for repair or maintenance.
Annual operating expense for this vehicle is expected to be $5,000 to be absorbed by the
General Fund. This vehicle will be retired at the end of its useful life with no funding from the
general fund for replacement.
(C-50-23-116-X-00)
Motion to approve by Supervisor Bill Gates, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
53.
ONE TIME ADDITION TO FLEET
Approve the one-time addition to fleet of red-lined vehicle #311516, a 2015 Ford Expedition,
VIN 1FMJU1GT0FEF224381, that has just under 144,000 miles.
This vehicle will remain assigned to MCSO District 7 to be used for administrative purposes
and community functions such as call-outs, those involved in collateral duties such as Mobile
Field Force, Training, and CISM functions. This vehicle is currently unmarked and its new
use will not include public safety response. Minimal markings that include the Maricopa
County Seal and a G-Plate are recommended.
Annual operating expense for this vehicle is expected to be $5,000 to be absorbed by the
General Fund. This vehicle will be retired at the end of its useful life with no funding from the
general fund for replacement.
(C-50-23-117-X-00)
Motion to approve by Supervisor Bill Gates, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Treasurer - Tesorero
54.
MOU WITH PROPERTY INSIGHT
Approve the Memorandum of Understanding (MOU) between Maricopa County through the
Maricopa County Treasurer’s Office and Property Insight, a division of EC Purchasing.com,
Inc. The purpose of this MOU is to establish a data sharing plan where the Maricopa County
Treasurer’s Office, at no cost, will provide the tax extension master report to Property Insight.
In return, at no cost, Property Insight will provide designated Treasurer employees with
access to Title Point for research.
The effective date of this agreement is the date it is adopted by the parties and shall continue
until the last day of the eleventh calendar month following the month of the effective date,
unless terminated as otherwise provided in this MOU. This is a non-financial agreement.
Formal Meeting Minutes
01/25/2023
Page 75 of 113
(C-43-23-046-X-00)
Motion to approve by Supervisor Bill Gates, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
55.
OFFER ON TAX DEEDED LAND PARCEL 158-21-030H
Pursuant to A.R.S. § 42-18303(E), consider the cash offer of $300.00 from the City of
Phoenix on the following Tax Deeded Land parcel for which the following conditions apply:
The Board of Supervisors may accept an offer from, and sell real property held by this state
by tax deed to, the county or a city, town or special taxing district in the county for a public
purpose related to transportation or flood control. The Board of Supervisors shall convey
the deed and apportion the monies received in the transaction in the manner prescribed by
this section.
The following descriptions and considerations are presented to the Board of Supervisors, for
final approval for the sale of the parcel:
Parcel Number – 158-21-030H
Date Previously Offered at auction – March 2020
Purchaser / Name for the Deed – City of Phoenix, a municipal corporation of the State of
Arizona
Amount of Offer – $300.00
If the Board accepts the offer on the subject property, direct the Treasurer’s Office accept
payment and prepare the Quit Claim Deed to convey the property to winning bidder and
deliver to the Clerk of the Board for further processing. Pursuant to A.R.S. §42-18303(C),
the proceeds of the winning bids shall be paid to the county treasurer. After deducting and
distributing interest, penalties, fees and costs charged against the parcel, the treasurer shall
apportion the remainder according to ARS 42-18303(C).
The subject property lies within Supervisorial District 3. Crossroads are N. 19th Avenue. and
W. Dunlap Avenue.
(C-43-23-048-X-00)
Motion to approve the offer from the City of Phoenix by Supervisor Bill Gates, seconded
by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
JUDICIAL BRANCH - PODER JUDICIAL
Adult Probation - Libertad Condicional de Adultos
56.
ADULT PROBATION SUCCESS INCENTIVE FUNDING REPORT
Pursuant to ARS §12-270(L) receive the report regarding incentive payments accepted by
the Adult Probation Department. The statute requires that the Board of Supervisors account
for the incentive payments received, grants awarded and evaluate the effectiveness of the
program. An incentive payment was provided to the Adult Probation Grant from the AOC.
Report is on file in the Clerk of the Board’s Office and retained in accordance with Arizona
State Library Archives and Public Records (ASLAPR) approved retention schedule.
(C-11-23-002-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin
Formal Meeting Minutes
01/25/2023
Page 76 of 113
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Superior Court - Tribunal Superior
57.
FILL THE GAP ADMINISTRATIVE CORRECTION
Approve an administrative correction to replace the FY2022 application that was attached to
the agenda item approved by the Board on December 7, 2022, under agenda item C-80-23-
002-X-00 regarding Fill the Gap Plan, with the FY23 Application. The FY22 application was
inadvertently attached, instead of the FY23 Application. Approve the administrative
correction to replace FY2022 application with the FY2023 application.
(C-80-23-002-X-01)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
COUNTY MANAGEMENT - ADMINISTRADORES DEL CONDADO
Assistant County Manager - Sub Directora de Condado - Lee Ann Bohn
58.
AMERICAN RESCUE PLAN ACT (ARPA) EXPENDITURE APPROVAL AND BUDGET
ADJUSTMENTS
Approve the following uses of American Rescue Plan Act (ARPA) funding consistent with
the Board of Supervisors approved priorities.
Correctional Health
-PPE increase by $150,000 for a new estimated amount of $659,000
-COVID Response for Testing increase by $2,533,153 for a new estimated amount of
$30,085,564
Human Services
-Reduce Nonprofit Capacity Building & Technical Assistance by $2,500,000 for a new
estimated amount of $500,000
-Landlord Engagement increase by $2,500,000 for a new estimated amount of $7,500,000
Public Defense Services
-Reduce Criminal Case Staffing by $100,000 for a new estimated amount of $11,776,344
Public Advocate
-Behavioral Health evaluation and treatment pilot project increase by $100,000 for a new
estimated amount of $449,153
County Attorney
-Reduce Diversion Programming by $1,100,000 for a new estimated amount of $2,430,000
-Criminal Case Staffing increase by $1,100,000 for a new estimated amount of $3,403,753
In accordance with A.R.S. 42-17106(B), approve the following adjustments to revenue and
expenditure authority in FY 2023 for the Coronavirus Fiscal Recovery Fund (Fund 296) Non
Recurring Non Project (NRNP) in the following departments:
Correctional Health (D260): $2,683,153
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Public Defense Services (D560): ($100,000)
Public Advocate (D570): $100,000
Decrease the revenue and expenditure authority for Non Departmental (D470) Coronavirus
Fiscal Recovery Fund (Fund 296) Non Recurring Non Project (NRNP) by $2,683,153.
Grant revenues are not local revenues for the purpose of the constitutional expenditure
limitation, and therefore, expenditure of the funds is not prohibited by the Budget Law.
Approval of this action does not alter the budget constraining the expenditure of local
revenues duly adopted by the Board pursuant to A.R.S. §42-17105.
(C-95-23-038-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
COUNTY OFFICES AND DEPARTMENTS - DEPARTAMENTOS Y
OFICINAS DEL CONDADO
Animal Care and Control Services - Servicios de Control y Cuidado de Animales
59.
AMENDMENT TO IGA WITH CITY OF SCOTTSDALE FOR ANIMAL CONTROL
SERVICES
Approve and execute the first amendment to an IGA for Maricopa Animal Care and Control
and the City of Scottsdale.
The first amendment revises Revise Appendix B ("Services") of the original Agreement to
add the following term to read:
The County will provide an additional six (6) enforcement [to equal a total of six (6) annually]
patrols coordinated with the City for the Sonoran McDowell Preserve. The cost per patrol is
calculated at $800 per patrol day which includes hours spent within city limits to conduct the
service.
This Amendment shall be effective and retroactive to July 1, 2022 ("the Effective Date").
All terms and clauses of the original Agreement remain in effect.
(C-79-22-202-X-01)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Bill Gates
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Elections - Elecciones
60.
PRECINCT COMMITTEEMEN
Pursuant to A.R.S. §16-821(B), authorize the appointment or cancellation of appointment of
Precinct Committeemen. List is on file in the Clerk of the Board’s Office and retained in
accordance with Arizona State Library, Archives, and Public Records (ASLAPR) approved
retention schedule.
(C-21-23-016-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
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Supervisor Gallardo stated he would like to see the Precinct Committeemen
appointments return to a political party function, through state legislation, instead of
having it come before the Board of Supervisors.
Emergency Management - Administración de Emergencia
61.
MOU WITH SECURING THE CITIES JURISDICTIONAL PARTNERS
Approve the Memorandum of Understanding (MOU) between Maricopa County through the
Department of Emergency Management and the partners participating in the Securing the
Cities program. The purpose of this MOU is to assist in the process of the Securing the Cities
Grant. Each MOU is effective until June 30, 2031.
Current MOU for approval is The City of Phoenix
(C-15-22-001-X-08)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Finance - Finanzas
62.
ANNUAL ADJUSTMENT TO INMATE BOOKING AND HOUSING FEES
Approve the annual adjustment to the inmate booking and housing fees charged to other
jurisdictions for the use of Maricopa County jails. The effective date of this adjustment will be
July 1, 2023. The inmate booking fee will increase from $548.45 to $608.12 per inmate
booked; the inmate housing fee will increase from $114.02 to $127.13 per day.
(C-18-23-061-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
63.
ACCEPT TRIBAL GAMING FUNDS FROM FORT MCDOWELL YAVAPAI NATION
Pursuant to A.R.S. §5-601.02, authorize Maricopa County to approve and sign the
intergovernmental agreement between Maricopa County and the Fort McDowell Yavapai
Nation. Allow the Office of Budget & Finance to accept and pass-through Tribal Gaming
Grant funds from the Fort McDowell Yavapai Nation for the programs listed below in the not-
to-exceed amount of $33,334.30 in FY 2023. These funds are for government services that
benefit the general public, including public safety, mitigation of the impacts of gaming, or
promotion of commerce and economic development.
Grant Applicant: American Indian Veteran Memorial Organization
Grant Program: American Indian Veteran Memorial
Amount Awarded: $6,354.28
Grant Applicant: Ryan House
Grant Program: Child Life Program
Amount Awarded: $12,208.60
Grant Applicant: Sounds of Autism
Grant Program: United Responder Community
Amount Awarded: $6,354.28
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Grant Applicant: Special Olympics Arizona, Inc.
Grant Program: Inclusive Sports Programming
Amount Awarded: $5,708.57
Grant Applicant: The Opportunity Tree
Grant Program: Youth Transition Program
Amount Awarded: $2,708.57
The grant award is one time and there is no cash or in-kind match requirement. Indirect costs
are not applicable to Tribal Gaming Grants. Future ongoing cash contributions are not
required after the grant period. The grant award is not a mandated function and the services
provided by this grant benefit the general public, including public safety, mitigation of the
impacts of gaming, or promotion of commerce and economic development. The grant award
is competitively bid and determined by the Fort McDowell Yavapai Nation. There are no costs
that will need to be absorbed by the department’s operating budget.
(C-18-23-063-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers
Supervisor Galvin thanked the Fort McDowell Yavapai Nation for all they are doing for
the community as evidence by this item.
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
64.
FUNDS TRANSFERS; WARRANTS - TRANSFERENCIAS DE FONDOS; WARRANTS
Approve regular and routine fund transfers, warrant reports 11/18/2022 through 01/05/2023,
from the operating funds to clearing funds including payroll, journal entries, allocations,
loans, and paid claims and authorize the issuance of the appropriate related warrants.
Pursuant to A.R.S. §11-217(D) and A.R.S. §11-623, said warrants and claims are on file in
the Clerk of the Board’s office and retained in accordance with LAPR approved retention
schedule.
(C-18-23-068-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Human Resources - Recursos Humanos
65.
MARKET RANGES
Pursuant to A.R.S §11-251 (38) and 251 (51), approve the addition, replacement, and/or
deletion of Market Ranges to the authorized comprehensive listing of employee
compensation Market Ranges previously approved by the Board of Supervisors and approve
the addition and/or replacement of bi-weekly stipends for management/professional
assignments (MPA) based upon the employee’s full-time equivalent (FTE) status.
New MRT:
Training Manager $36.10 $53.94 $75,088 $112,200
Update Ranges:
Director - Animal Care and Control $59.25 $90.18 $123,250 $187,578
Engineering Specialist $24.95 $37.35 $51,896 $77,688
Engineering Technician $19.75 $33.75 $41,080 $70,200
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Materials Testing Supervisor $28.20 $39.10 $58,660 $81,330
Materials Testing Technician $19.30 $28.85 $40,144 $60,008
Inactivate:
Head Start Area Supervisor $22.15 $27.15 $46,072 $56,472
(C-31-23-044-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
66.
LICENSED PROFESSIONAL LOAN REPAYMENT POLICY (HR2479) REVISION
Approve the revision to the Licensed Professional Loan Repayment Policy (HR2479)
effective 01/25/23. This revision increases the loan repayment amount for Veterinarians.
This Policy applies to all Maricopa County elected offices and appointed departments as well
as the Flood Control District of Maricopa County and the Maricopa County Library District
(Special Districts). The Board of Supervisors is authorized to jointly adopt policies applying
to the Special Districts under the Intergovernmental Agreement, C-06-18-393-6-00,
approved on April 11, 2018.
(C-31-19-040-6-02)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Human Services - Servicios Humanos
67.
SUBMIT APPLICATION FOR GRANT FUNDING TO ARIZONA LOTTERY FUNDS FOR
TRANSPORTATION SERVICES
Request approval to submit a grant application and receipt of Arizona Lottery Funds (ALF)
for FY2023 transportation services for individuals with Americans with Disabilities Act (ADA)
certifications. Transportation services shall be provided by Valley Metro and administered by
the Regional Public Transportation Authority (RPTA). Grant application requested amount is
$804,040. All funds shall be utilized for the provision of transportation services and do not
contain Administrative or Indirect funds.
Also request authorization for the Chairman to sign all documents related to the grant funding
and authorize the Chief Financial Officer to sign financial documents related to this grant.
The Human Services Department shall submit the grant application on behalf of the County.
If the grant application is approved and Maricopa County is awarded the ALF grant, funds
shall be held in trust and RPTA shall administer the grant funds on behalf of the County and
will oversee the delivery of transportation services provided by Valley Metro.
Valley Metro (VM) has traditionally provided supplemental funds from ADA Public
Transportation Funds (PTF) and Maricopa Association of Governments (MAG) 5310 funds.
Supervisory District: All
FY2023: $804,040 Revenue & Expenditures
(C-22-23-060-X-00)
Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Bill Gates
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Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
68.
AMENDMENT TO IGA WITH THE CITY OF SURPRISE FOR HOME INVESTMENT
PARTNERSHIPS PROGRAM ACTIVITIES
Approve Amendment No. 2 to the Intergovernmental Agreement (Agreement) between the
City of Surprise (City), and Maricopa County administered by its Human Services
Department. The purpose of the Agreement is for the City to provide Tenant Based Rental
Assistance (TBRA) to eligible individuals that reside in the City of Surprise. The Agreement
term is through September 30, 2025. The County and the City collectively are referred to as
the “Parties.”
The purpose of the Amendment No. 2 is to address the following:
A. Change Lead Agency Point of Contact.
B. Revise Section 3 (Work Statement) to address the following:
Add an additional 2022 Work Statement for the City to provide Tenant Based Rental
Assistance to residents within the City, as certified a “High” priority in the Consolidated Plan.
If the City has completed the required Environmental Review, expenditures may be
retroactive to July 1, 2022. The expenditure term for this Work Statement for all costs
incurred expenses shall be reimbursable through September 30, 2025. The County shall
provide the City with $200,703 for the Work Statement provided by PY22 HOME Investment
Partnership Program (HOME) through the U.S. Department of Housing and Urban
Development (HUD) funds, under ALN 14.239.
C. The Agreement funding amount shall be increased from $370,784 to $571,487 in HOME
funds.
The Agreement is amended to incorporate the changes contained in this Amendment No. 2.
All other terms and conditions of the Agreement shall remain the same and unchanged and
in full force and effect as executed by the Parties.
Amendment No. 2 shall be effective upon approval and signature by both Parties.
FY 2023: $200,703 Expenditures
Supervisor District: 4
(C-22-21-092-X-02)
Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Bill Gates
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
69.
AMENDMENT TO IGA WITH TEMPE ELEMENTARY SCHOOL DISTRICT NO. 3 AND
THE CITY OF TEMPE
Approve Amendment No. 1 to the Intergovernmental Agreement between Tempe
Elementary School District No. 3 (“District”), the City of Tempe (“City”) and Maricopa County
(“County”), administered by its Human Services Department Early Education Division. The
purpose of the Agreement is to establish a collaboration between the Parties that will address
expanding high-quality pre-school in the City of Tempe and the District’s boundaries.
The purpose of the Amendment No. 1 is to address the following:
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A. Revise Paragraph 15.0 (Safeguarding of Participant Information), to modify language to
change “County and City” to “Each Party.”
B. Revise Paragraph 17.0 (Non-Liability), to modify language to change “County or City” to
“Each Party.”
All other terms and conditions of the original Agreement remain the same and in full force
and effect as approved and amended.
The Amendment shall be effective upon approval and signature by all Parties.
This Amendment does not impact the County General funds.
Supervisor District: 1
(C-22-22-121-X-01)
Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Bill Gates
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
70.
AMENDMENT TO THE FY2019-20 ANNUAL ACTION PLAN FOR HUD FUNDED
PROGRAM ACTIVITIES
Approve the following actions:
1. Authorize the Maricopa County Human Services Department (MCHSD) to reallocate
Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116-136
Emergency Solutions Grant Program - funding (ESG-CV) from the U.S. Department of
Housing and Urban Development (HUD). Maricopa County received $905,900 in ESG-CV
funds on August 27, 2020, and $2,815,627 (ESG-CV2) on November 23, 2020. Total ESG
CV funds received is $3,721,527. The reallocation is:
a. Rapid Rehousing from $1,905,784 to $1,420,861
b. Temporary Shelter Assistance from $1,367,181 to $1,777,104
c. Homeless Management Information System (HMIS) from $100,000 to $175,000
d. MCHSD Administration $348,562 unchanged
2. Approve MCHSD to submit a revised 2019-2020 Annual Action Plan Amendment No. 5 to
HUD detailing the ESG-CV funding reallocation in Attachment A.
3. Also request authorization and approval for the Human Services Department Director to
sign any documents required by HUD for this funding reallocation.
Approval of the reallocation of funds does not impact the previously received ESG-CV
funding amount of $3,721,527. Approval of this item shall not impact the County General
Fund.
Supervisory District: All
(C-22-16-032-G-10)
Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Bill Gates
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
71.
AMENDMENT TO AGREEMENT WITH TRELLIS COMMUNITY DEVELOPMENT AND
CITY OF AVONDALE
Approve financial Amendment No. 2 to the Agreement between Maricopa County (“County”),
administered by its Human Services Department, Trellis Community Development, a
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Community Housing Development Organization (“CHDO”), and the City of Avondale (“City”).
The County, the CHDO, and the City collectively are referred to here as the “Parties.”
The Parties agree to enter into this Amendment No. 2 to amend the Agreement as follows:
A. Change Lead Agency Point of Contact.
B. The County shall provide an increase in HOME PY2019 funding under ALN 14.191, in the
amount of $150,000. The Agreement shall be increase from $445,000 to a not-to-exceed
amount of $595,000.
C. Revise Section 1 (General Provisions) to add the following paragraph:
54.0 UYGHUR FORCED LABOR PREVENTION ACT (UFLPA)
The foregoing paragraphs contain all the changes made by this Amendment No. 2. All other
terms and conditions of the Agreement shall remain the same and in full force and effect as
approved and amended.
This Amendment No. 2 shall be effective upon approval and signature by the Parties.
FY2023: $150,000 Expenditures
Supervisory District: 5
(C-22-20-055-3-02)
Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Bill Gates
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
72.
AMENDMENTS TO AGREEMENTS FOR STUDENT NURSE WORKFORCE PRACTICE
READINESS PROGRAM
Request approval of the following actions:
1. Request approval to amend Agreements with agencies engaged in the Maricopa County
Student Nurse Workforce Practice Readiness Program (Program). The Amendments will
extend the term of the Agreements, increases the number of student nurses enrolled in the
Program and will increase the funding amounts provided to each agency. The current
Agreement terms are through December 31, 2022. By approving amendments (or
substantially similar) to the Agreements, 1,800 student nurses will have the opportunity to
transition to the workplace more efficiently. The existing Agreements with the agencies will
be extended from December 31, 2022, through December 31, 2026.
2. Approve the funding expenditure amount of $2,910,300 for the extension term for the type
of activities listed below:
A. Affiliation Agreements with Nursing Education Programs for student capstone experience
oversight for student nurses that are within six weeks of graduation. The County shall provide
funding for reimbursement to School of Nursing for student capstone experience oversight
(BSN Faculty=$400 per student, ADN Faculty = $300 per student) and nursing student
stipend (towards nursing license and nursing boards @$250 per student). The total funding
for these contract activities shall not exceed $519,900, funding for these Agreements per
calendar year are anticipated to be:
• 2023 - $123,300
• 2024 - $246,600
• 2025 - $150,000
• 2026 - $0
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B. Work Experience Agreement with Healthcare employers to place senior nurses to
transition to the workplace. The County shall provide funding to the Employer for Preceptor
Support Nurses that work with New Graduate Nurses (NGNs): BSN: Pay $50/hour x 8 hours=
$400 (per shift) x 12 shifts (max) = $4,800 and ADN: Pay $50/hour x 8 hours= $400 (per
shift) x 6 shifts (max) = $2,400. Funding for these Agreements shall not exceed $2,390,400.
• 2023 - $398,400
• 2024 - $796,800
• 2025 - $1,195,200
• 2026 - $0
3. Authorize the Chairman to sign the contract extensions and funding amounts. The Human
Services Department will process the Agreements for full execution. The Human Services
Department will process all documents for legal review prior to processing for full execution.
Funding for these Agreements shall be provided by American Rescue Plan Act, Coronavirus
State and Local Fiscal Recovery Funds under ALN 21,027.
FY 2023: $521,700 Expenditures
FY 2024: $1,043,400 Expenditures
FY 2025: $1,345,200 Expenditures
FY 2026: $0
Supervisory District: All
(C-22-22-109-X-01)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
73.
AMENDMENT TO AGREEMENT WITH COMMUNITY BRIDGES, INC. FOR HOMELESS
NAVIGATION SERVICES
Approve financial Amendment No. 7 to the Agreement (Agreement) between Community
Bridges, Inc. (Subrecipient) and Maricopa County (County) administered by its Human
Services Department. The purpose of the Agreement is for the Subrecipient to provide
Navigation services for individuals experiencing homelessness in Maricopa County. The
Subrecipient and the County shall be referred to as the Parties.
The purpose of the Amendment No. 7 is to address the following:
A. Change Lead Agency Point of Contact.
B. Revise Section 1 (General Provisions) to add contract required language
C. Reduce Agreement funding by $98,655 CDBG-CV3, HUD funding provided in
Amendment No. 4.
D. Upon approval of this Amendment No. 7, the Agreement funding total amount is
$1,187,944.29 and shall consist of the following fund sources:
1. $553,000 – CDBG
2. $630,078.82 – General Funds
3. $4,865.47 – Non-Federal Grant Funds
E. Add a line-item change to the General Funds budget amount as reflected in the attached
budget. The line item changes do not impact the overall General Funds in this Agreement.
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The Agreement is amended to incorporate the changes contained in Amendment No. 7. All
other terms and conditions of the Agreement shall remain the same and unchanged and in
full force and effect as executed by the Parties.
This Amendment No. 7 shall be effective upon approval and signature by both Parties.
FY 2023 CDBG-CV3 Expenditures: -$98,655
Supervisory District: All
(C-22-19-039-3-07)
Blue Crowley, resident, acknowledged the efforts that the Board is making on the issue
of homelessness in the community.
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
74.
AMENDMENT TO LEASE AGREEMENT WITH VALOR ON EIGHT, LLC
Approve and execute the Amendment No. 2 to Lease Agreement (L7485) between Valor on
Eighth, LLC (Lessor) and Maricopa County (Lessee) for approximately 1,535 gross square
feet of leased Head Start office/class space and playground area located at 1001 E. 8th
Street, Tempe, Arizona. This amendment extends the term of the Lease from July 1, 2024,
through June 30, 2029, and Lessor authorizes Lessee to make alterations to the leased
space. Lessor authorizes the County to make TIs to the spaces utilized by the Head Start
program. TIs include the following:
1. Installation of an automatic water faucet and in-line water filter in the main childcare area
sink.
2. Modify the light over the sink in main area to convert to flush lighting (currently a pendant
style).
3. Install a decorative iron (or similar material) barrier around water valve boxes located on
the Playground Area.
The County shall utilize a County contractor under 190126 General Maintenance and Repair
Services Contract to complete the TIs. The anticipated expenditures for the TIs shall not
exceed twenty-nine thousand and 00/100 dollars ($29,000) which will be paid by the County.
The Head Start program utilizes the space at no costs to the County.
This Amendment does not impact General Funds.
Supervisorial District: 1
(C-22-19-029-1-02)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
75.
COLLABORATION AGREEMENT WITH THE ARIZONA BOARD OF REGENTS FOR
AND ON BEHALF OF ARIZONA STATE UNIVERSITY
Approve a non-financial Collaboration Agreement (Agreement) between the Arizona Board
of Regents for and on behalf of Arizona State University (“ASU”) and Maricopa County
administered by the Human Services Department (“Collaborator” or “Site”). The purpose of
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the Agreement is for the Site to host AmeriCorps member(s) through the ASU School of
Social Work Survivor Link AmeriCorps program (“Program”) to perform healthy relationships
education or/and domestic violence intervention in tandem with other services, according to
the needs of the Human Services Department (HSD).
AmeriCorps member(s) will provide training to HSD’s case managers to increase their
knowledge when working with individuals that require HSD services. HSD, in collaboration
with the AmeriCorps member(s) shall develop a work plan with each member to work staff
to educate them about issues of domestic violence, safety planning interventions with
domestic violence survivors, and/or general healthy relationship information at the host site.
AmeriCorps member(s) assigned to MCHSD must have a Level 1 Fingerprint Clearance
Card and be able to pass the background checks prior to being placed. HSD shall assist with
the recruitment of members and the promotion of the Program.
This Agreement shall be effective upon the signature of both parties and shall terminate on
August 31 2023, unless renewed by the mutual written agreement of the parties. No
amendment or modification to this Agreement shall take effect unless signed by authorized
representatives of each party. Either party may terminate this Agreement upon thirty (30)
days advance written notice to the other party.
This Agreement does not have a financial impact.
Supervisor District: All
(C-22-23-047-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
76.
IGA WITH THE TOWN OF GILA BEND FOR CDBG FUNDED ACTIVITIES
Approve a financial Intergovernmental Agreement (“Agreement”) between the Town of Gila
Bend (“Subrecipient”) and Maricopa County (“County”) administered by its Human Services
Department.
The purpose of the Agreement is for the Subrecipient to replace the Asbestos Cement
Waterline to improve the drinking water quality for the residents. The Town shall facilitate the
design, engineering, and the construction to replace 1,795 LF of Asbestos Cement Pipe with
C-900 PVC on Williams Street between Dodson Avenue and Harrington Avenue, and the
alley between Weidner Street and Johnny Street.
The County shall provide the Subrecipient with $427,000 Program Year 2022 U.S.
Department of Housing and Urban Development (HUD) Community Development Block
Grant (CDBG) funds under Assistance Listing Number (ALN) 14.218.
The County shall reimburse the Subrecipient on a net “0” payments standard.
Agreement term is January 25, 2023 through September 1, 2024.
FY 2023: $427,000 Expenditures
Supervisor District: 4
(C-22-23-057-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin
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Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
77.
IGA WITH MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT
Approve a financial Intergovernmental Agreement (“Agreement”) between Maricopa County
Community College District (“Subrecipient”) and Maricopa County (“County”) administered
by its Human Services Department.
The purpose of the Agreement is for the Subrecipient to provide Maricopa County residents
with opportunities to advance in their careers through workforce training programs while
providing wraparound support that address barriers to accessing and completing training
and employment programs. Top tier training, education, and workforce navigation services
will be provided to Maricopa County residents enrolled in approved programs at the Maricopa
Community Colleges. The County shall provide the Subrecipient with $6,468,438 for the
services to assist Maricopa County residents.
The Subrecipient shall enroll a minimum of 250 students in training in Maricopa County
ARPA approved programs. The term of Agreement shall begin on January 25, 2023, through
December 31, 2024. The funding for this Agreement is provided by the Coronavirus State
and Local Fiscal Recovery Funds under Assistance Listing Number (ALN) 21.027 allocated
to Maricopa County by the US Department of Treasury.
FY 2023: $6,468,438 Expenditures
Supervisory District: All
(C-22-23-041-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
78.
IGA WITH MESA UNIFIED SCHOOL DISTRICT 4
Approve a financial Intergovernmental Agreement (“Agreement”) between Mesa Unified
School District 4 (“Subrecipient”) and Maricopa County (“County”) administered by its Human
Services Department.
The purpose of the Agreement is for the Subrecipient to implement the Mesa Youth Creative
Agency (MYCA), a new model of providing Career and Technical Education to Mesa high
school students. Students will be provided with Career Exploration & Navigation information,
Community College & University Connections, and Trade/Technical School Connections to
help with making informed decisions about career opportunities. The MYCA will place an
emphasis on the in-demand industry sectors identified by the Workforce Development Board.
MYCA students will receive training opportunities to support local employers with their media
presence. Students enrolled in the MYCA will be enrolled as interns and will receive
paychecks.
The County shall provide the Subrecipient with $1,290,000 in Coronavirus State and Local
Fiscal Recovery Funds under Assistance Listing Number (ALN) 21.027 provided to the
County by the US Department of Treasury.
The term of Agreement shall begin on January 25, 2023, through December 31, 2024.
FY 2023: $1,290,000 Expenditures
Supervisory District: 2
(C-22-23-061-X-00)
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Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
79.
SUBMITTAL OF CHILD CARE PROVIDER APPLICATIONS TO ARIZONA
DEPARTMENT OF ECONOMIC SECURITY AND DELEGATION OF AUTHORITY
Request approval for the following action:
Authorize the Human Services Department Director or designee to submit Child Care
Provider applications to Department of Economic Security (DES) Division of Child Care to
become a registered DES Child Care Provider at 11 Head Start sites.
As a registered DES Child Care provider the Maricopa County Head Start Program will
receive reimbursement for providing extended day services to eligible DES children at its
certified birth to five locations. The Human Services Department (HSD) will implement a
layered funding model which will support the expansion of early care and education services
hours throughout the Head Start birth to age five sites.
HSD will submit one-time electronic applications, covering 11 Department of Health Services
Licensed Head Start Program sites. The Head Start Program will need to complete annual
training requirements as set forth by the agreement which have already been met through
the current Head Start training plan.
HSD intends to serve 96 DES Eligible children which is projected to generate $878,656. The
funds generated from the expansion of DES services will offset the cost of extended hours
and staff wages. The funds are a one-time award. There is no cash or in-kind match. Future
or ongoing contributions are not required at the end of the budget period.
The services provided under the DES Child Care Program are not a mandated function but
provides a benefit to the citizens by providing eligible children with high quality care and
education. Receipt of funds will not impact the County General fund.
The 11 Head Start sites are:
Bellview, 466 S. Belleview, Mesa, AZ 85204
First Presbyterian Church, 161 N Mesa Dr, Mesa, AZ 85201
First United Methodist Church of Mesa, 15 E 1st. Ave, Mesa, AZ 85210
Guadalupe Child Development Center, 9401 S. Avenida Del Yaqui, Guadalupe, AZ 85283
La Mesita, 2254 W Main St, Mesa, AZ 85201
N Tempe, 1555 N Bridalwreath St, Tempe, AZ 85281
Paiute, 6535 E Osborn Rd, Scottsdale, AZ 85251
SonRise, 800 W Galveston St, Chandler, AZ 85225
Westside Gen, 715 W 5th St, Tempe, AZ 85281
East Valley Institute of Technology, 1601 W Main Street, Mesa, AZ 85201
FY 2023 Revenue: $878,656
Supervisory District: 1, 2, and 5
(C-22-23-056-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
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80.
RECEIPT OF FUNDS FROM ARIZONA DEPARTMENT OF EDUCATION FOR THE
CHILD AND ADULT CARE FOOD PROGRAM
Approve the acceptance of funds from the Arizona Department of Education (ADE) Child
and Adult Care Food Program (CACFP). CACFP funds are provided to Maricopa County
and administered by the Human Services Department Early Education Division, Maricopa
County Head Start Program. The Head Start Program submitted a funding application to
ADE for $850,878 for the period of October 1, 2022 through September 30, 2023. ADE
provided electronic notification on December 9, 2022, that the Head Start application was
approved.
CACFP funds are reimbursement for meals that are provided to Head Start program
participants. The County contracts with Mesa Unified School District (C-22-23-021-X-00) and
Scottsdale Unified School District (C-22-23-020-X-00) to provide Food Catered Meals and
snacks that meet 1/3 to 2/3 of the daily nutritional needs of the program participants.
Also request authorization for the Human Services Department Director to sign all
documents related to acceptance of funds and any additional awards issued subsequently
up to the estimated funding amount, as noted in the Permanent Agreement with ADE fully
executed in October 26, 2013 (C-22-14-027-G-00) and amended on August 2, 2022 (C-22-
14-027-G-10). CACFP funds may be increased throughout the budget year as additional
funds are made available to cover unanticipated food costs. If the Head Start program is
notified of availability of additional funds, the Department will request formal approval for
acceptance of any increase in funds.
Supervisory District: All
FY 2023: $638,158 Revenue and Expenditure
FY 2024: $212,720 Revenue and Expenditure
(C-22-14-027-G-11)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Parks and Recreation - Parques y Recreación
81.
AMENDMENT TO USE MANAGEMENT AGREEMENT WITH PHOENIX KART RACING
ASSOCIATION, INC
Approve and execute the Amendment One (“Amendment One”) to the Use Management
Agreement (“Agreement”) between Maricopa County and Phoenix Kart Racing Association,
Inc. (“Concessionaire”) (C-30-21-021-X-00). The purpose of Amendment One is to revise the
design and construction of the complex amenities in accordance with the phasing schedule
in Section 4F, Exhibit 1, and Exhibit 2 of the Agreement. Term of the Agreement will expire
December 9, 2040, with three options to renew for five (5) years each.
Supervisory District: 3
(C-30-21-12-X-01)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
82.
APPROVE AND ACCEPT THE RECEIPT OF GRANT FUNDS FROM ARIZONA
DEPARTMENT OF FORESTRY AND FIRE MANAGEMENT AND BUDGET
ADJUSTMENT
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Approve and accept the receipt of grant funds from Arizona Department of Forestry and Fire
Management (DFFM), for hazardous vegetation mitigation within Cave Creek Regional Park,
in the amount not-to-exceed $120,000 (“Grant”), approve as an appropriation adjustment
increasing the FY23 Maricopa County Parks and Recreation Department (“Department”)
revenue and expenditure budgets and delegate the authority to the Director of the Maricopa
County Parks and Recreation Department to execute all documents related to these grant
funds. This funding opportunity was awarded competitively.
The grant is one-time for a period through December 31, 2024. The Department will provide
$39,616 in volunteer, staff and/or cash match for the project. These costs will be absorbed
by the Departments existing operating funds. The department’s indirect cost rate for FY23
is 33.76%. Indirect costs are not recoverable and calculated to be $40,512 over the grant
period. These costs will be absorbed by the Parks and Recreation Department
Enhancement Fund.
Upon receipt of funds and pursuant to A.R.S. §42-17106(B), approve the appropriation
adjustment increasing the FY23 Parks and Recreation Department (D300) Parks and
Recreation Grant Fund (230) Non-Recurring Non-Project (NRNP) revenue and expenditure
by $120,000. Grant revenues are not local revenues for the purpose of the constitutional
expenditure limitation, and therefore, expenditure of the funds is not prohibited by the budget
law. This budget adjustment does not alter the budget constraining the expenditures of local
revenues duly adopted by the Board of Supervisors pursuant to A.R.S. §42-17105.
(C-30-23-021-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Planning and Development - Planificación y Desarrollo
83.
AMENDED AND RESTATED AGREEMENT WITH WASTE MANAGEMENT OF
ARIZONA, INC.
AMENDED AND RESTATED Agreement between Waste Management of Arizona, Inc. and
County of Maricopa, Arizona Concerning Operation of Sanitary Landfill.
WHEREAS, the County and WMA entered into “An Agreement between Waste Management
of Arizona, Inc. and County of Maricopa, Arizona Concerning Operation of a Sanitary Landfill”
dated December 14, 1994 (the “Original Agreement”); and
WHEREAS, the County desires that the operation of a sanitary landfill to provide solid waste
disposal services for the citizens of Maricopa County, Arizona, as well as to accept solid
waste regardless of place of origin, continues; and
WHEREAS, WMA wishes to continue operating a sanitary landfill facility known as the
Butterfield Station and Recycling Center (“Butterfield”) to accept solid waste regardless of
place of origin; and
WHEREAS, WMA desires to contribute to the economic and social well-being of the
community of Mobile and other communities in Maricopa County; and
WHEREAS, Butterfield operates under its original approval by the County pursuant to
Special Use Permit Z88-16, as amended by Special Use Permit Z2001127 and subsequent
reviews and modifications to that approval in 2003, 2008, 2013, 2014 and 2023 (the “SUP”);
and
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WHEREAS, the County has authority under ARS § 11-1101, et seq. to enter into
Development Agreements with property owners and desires to use this mechanism to
confirm in written agreement certain provisions relative to the operation of Butterfield; and
WHEREAS, the County and WMA desire to amend and restate the Original Agreement.
(C-44-23-181-X-00)
Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers
Supervisor Gallardo thanked Waste Management for working with Maricopa County on
this agreement.
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Procurement Services - Servicios de Adquisiciones
84.
230041-DBB, DURANGO JAIL DEMOLITION
Approve and Award a Design Bid-Build contract between Maricopa County and Breinholt
Contracting Co., Inc. in a not-to-exceed amount of $1,145,000.00 with an estimated
completion date of: 10/25/23. The purpose of the contract is for the demolition of the Durango
Jail facility.
(C-73-23-055-X-00)
Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
85.
230009-S, FOGGING SERVICES
Approve the contract between Maricopa County and Clarke Environmental Mosquito
Management for award at an estimate of $1,000,000.00 over one year until February 29,
2024 with four one-year renewal options. The effective date of the contract will be February
1, 2023. The purpose of the contract is to provide to Maricopa County ground-based, wide-
area larvicide and adulticide services for mosquito species of public health significance.
(C-73-23-056-X-00)
Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Public Health - Salud Pública
86.
AMENDMENT TO AGREEMENT FOR DATA SHARING WITH ARIZONA DEPARTMENT
OF ECONOMIC SECURITY OFFICE OF AGING AND ADULT SERVICES-REFUGEE
RESETTLEMENT PROGRAM (RRP)
Approve an Amendment to the ‘Data Sharing Agreement’ between the Arizona Department
of Economic Security, Office of Aging and Adult Services-Refugee Resettlement Program
(RRP) and Maricopa County by and through its Department of Public Health (MCDPH). This
is a non-financial Data Sharing Agreement between the parties. Data transferred under this
agreement may only be used for the purposes of enrolling clients into services and mandated
federal reporting.
This Amendment extend the Term of this Agreement from October 1, 2022, through
September 30, 2023.
(C-86-20-020-3-01)
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Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Bill Gates
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
87.
AMENDMENT TO MOU WITH HAPPY KIDS PEDIATRICS FOR FIRST TEETH FIRST
ORAL HEALTH PROGRAM
Approve Amendment 1, an extension of a non-financial Memorandum of Understanding
(MOU) between Happy Kids Pediatrics and Maricopa County by and through its Department
of Public Health, Office of Oral Health, First Teeth First program (MCDPH-OOH) to provide
dental screenings and fluoride varnish applications. The extension of the MOU will help
prevent tooth decay and improve access to dental care for children 0-5 years and for
expectant mothers in Maricopa County. This partnership will bring the First Teeth First
Program to Happy Kids Pediatrics at 1345 E. Main St., Ste. #201 Mesa, AZ 85203 as well
as its various locations.
Amendment 1 for the one-year extension of the MOU will begin March 1, 2023 and end on
February 29, 2024. Any of the parties, in writing, may terminate the MOU in whole, or in
part, at any time before the date of expiration.
(C-86-22-116-X-01)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Bill Gates
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
88.
AMENDMENT TO SUBCONTRACTOR USE AGREEMENT WITH AZCEND
Approve and execute the First Amendment to Subcontractor Use Agreement between
AZCEND (Contractor) and Maricopa County (User) for User to sublicense from Contractor
property owned by the Town of Gilbert located at 132 W. Bruce Ave. (also known as 120 N.
Oak St.), Gilbert, AZ. This amendment extends the term of the Use Agreement from April 1,
2023 through September 30, 2027. The Assistant County Manager for Maricopa County
and/or the Real Estate Director for Maricopa County may administer this Agreement. There
is no cost to the County.
This Subcontractor Use Agreement property is in Supervisorial District 2
(C-86-18-074-L-01)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Bill Gates
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
89.
RESCIND APPROVAL OF THE IGA WITH ARIZONA DEPARTMENT OF HEALTH
SERVICES FOR TRAVELER’S HEALTH
Rescind approval of the Traveler's Health Intergovernmental Agreement (IGA), CTR060547,
between Arizona Department of Health Services (ADHS) and Maricopa County by and
through its Department of Public Health (MCDPH) to provide funding for closely monitoring
the spread of COVID-19.
Traveler’s Health IGA was approved on December 7, 2022 (C-86-23-075-X-00) by the Board
of Supervisors.
(C-86-23-075-X-01)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Bill Gates
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
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90.
PURCHASE ORDER FOR THE IGA WITH ARIZONA DEPARTMENT OF HEALTH
SERVICES FOR THE BUILDING RESILIENCE AGAINST CLIMATE EFFECTS (BRACE)
Approve a Purchase Order (PO490072) for a fixed-price Intergovernmental Agreement (IGA)
Contract No. CTR057839, year two (2), between Arizona Department of Health Services
(ADHS) and Maricopa County by and through its Department of Public Health (MCDPH),
Office of Epidemiology to provide funding for BRACE, a pilot project aimed at delivering
public health strategies to the most vulnerable populations as a response to climate-sensitive
hazards within the local jurisdiction. The funding for the budget period of September 1, 2022,
through August 31, 2023, in the not-to-exceed amount of $40,000.
This is a five (5) year term and the period of performance is September 1, 2022 through
August 31, 2026.
The MCDPH indirect rate for FY23 is 17.24%. The indirect costs are estimated at $5,881.95
and is fully recoverable. Departmental indirect rates are reestablished at the beginning of
each fiscal year and the future indirect rates will be collected at the corresponding rates.
(C-86-22-251-X-01)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Bill Gates
Blue Crowley, resident, appreciated this agreement because it helps to protect the
homeless and elderly population from the extreme weather.
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
91.
OPIOID SETTLEMENT FUND EXPENDITURE APPROVAL
Approve the use of $2 Million of Opioid Settlement Funds for the purpose of enhancing
substance use abatement initiatives in Maricopa County. Funds will be prioritized for services
related to youth prevention and treatment, increasing warm-hand-off programs and recovery
services, and expanding harm reduction programs.
To maximize the benefits of national opioid settlement dollars and reduce duplication of work
addressed through other substance use prevention and response funding streams, Public
Health has hired a contractor to conduct a comprehensive substance use needs assessment
during the first quarter of 2023. This assessment will inform the development of a dynamic,
countywide substance use prevention and response plan and will help identify short-and
long-term investments needed to reach desired outcomes. While this critical data is being
collected, there is urgent need now to maintain and expand substance use intervention
initiatives in Maricopa County, especially among populations disproportionately affected by
opioid overdose and other harms caused by substance use.
The Initial priorities of the initiative will focus on youth prevention and treatment, increasing
warm-hand-off programs and recovery services, and expanding harm reduction programs.
These areas of focus are derived from core abatement strategies outlined in the national
opioid
settlement
agreements
and
are
supported
by
the
https://opioidprinciples.jhsph.edu/implementation-tools/. Initiatives that are trauma-informed,
culturally sensitive, equitable in approach and target populations in communities who are
most affected by overdose risk and other harms caused by substance use in Maricopa
County will be strongly encouraged for funding consideration.
(C-86-23-089-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Bill Gates
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
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92.
REQUEST TO INCREASE THE MAXIMUM THRESHOLD FOR TESTING AND
TRAINING SERVICES RELATED TO COVID
Authorize an increase of $10,000,000.00 to Maricopa County’s master agreement (MA) #
200232, Testing and Training Services Related to COVID, to allow for continued COVID
testing services to be used through the current contract expiration date of 6/30/23. This will
bring the total not to exceed amount to $46,252,411.00. This increase in funds will allow the
services of the contractors to continue to be used by Public Health and Correctional Health
for COVID testing. Funding shall come from each departments' own funding source and
each department shall be responsible for obtaining any required approvals for their intended
funding source.
(C-86-20-059-3-02)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Bill Gates
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
93.
REQUEST TO INCREASE THE MAXIMUM THRESHOLD ON MASTER AGREEMENT
#210111
Authorize an increase of $6,000,000 to Maricopa County’s master agreement (MA) #210111
for Community Testing Services for COVID-19, bringing the total not to exceed amount to
$20,000,000. This master agreement currently has ten (10) Contractors that are providing
services at the request of the Department of Public Health and this increase is expected to
last through the expiration date of the contract which is 09/30/2023.
Funding will come from the COVID-19 ELC Disease Mitigation and Community Outreach
Grant. (C-86-23-034-X-00)
(C-86-23-034-X-01)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Bill Gates
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
94.
IGA WITH THE ARIZONA BOARD OF REGENTS FOR AND ON BEHALF OF THE
ARIZONA STATE UNIVERSITY FOR A TELEHEALTH PILOT PROGRAM
Approve an intergovernmental Agreement between Maricopa County By and through its
Department of Public Health and the Arizona Board of Regents for and on behalf of the
Arizona State University and Maricopa County.
MCDPH aim to address health disparities that were either created or worsened by the
COVID-19 pandemic. The purpose of this agreement is to provide funding to Arizona State
University (ASU), Digital Equity Institute, to lead a Telehealth Pilot Program to better
understand community opportunities for increasing access to telehealth services thorough
digital literacy.
The agreement has a not to exceed amount of $1,000,000 for the budget period of this IGA.
This agreement will begin on January 1, 2023, through May 31, 2024. This Agreement may
be extended and the cost may be subject to renegotiation. The indirect cost reimbursement
will be maximum of 10% for this IGA.
Funding for this IGA is provided Centers of Disease Control (CDC) Health Disparities Grant.
(C-86-23-088-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Bill Gates
Supervisor Gates commented on the telehealth agreement that has utilized technology
to assist with positive health outcomes in our communities.
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Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Real Estate - Bienes Raíces
95.
DECLARE REAL PROPERTY LAND AND IMPROVEMENTS EXCESS
Declare Assessor’s Parcel Number 138-61-092 and associated improvements, located in
Mesa at 245 N. Centennial Way, as excess to the County’s needs and approve the Maricopa
County Real Estate Department to offer the parcel for sale “as-is”: (i) via public auction; or
(ii) to a duly constituted governmental entity, solely charitable, social or benevolent non-profit
organization incorporated or operating in this state without public auction. The market value
of the property will be determined by an appraiser licensed in the State of Arizona. A
purchase agreement and conveyance documents for the direct sale or auction of the property
will be presented at a future Board of Supervisors meeting.
The property is in Supervisor District 2
(C-78-23-041-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
96.
DECLARE REAL PROPERTY LAND AND IMPROVEMENTS ADVANTAGEOUS TO
SELL
Declare Assessor’s Parcel Number 112-21-072C and associated improvements, located in
Phoenix at 222 and 234 North Central Avenue, as advantageous for the County to sell and
approve the Maricopa County Real Estate Department to offer the parcel for sale “as-is”: (i)
via public auction; or (ii) to a duly constituted governmental entity, solely charitable, social or
benevolent non-profit organization incorporated or operating in this state without public
auction. The market value of the property will be determined by an appraiser licensed or
certified in the State of Arizona. A purchase agreement and conveyance documents for the
direct sale or auction of the property will be presented at a future Board of Supervisors
meeting.
The property is in Supervisor District 5
(C-78-23-042-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Risk Management - Gestión de Riesgos
97.
POLICY REVISION TO A2231 HAZARD COMMUNICATION PROGRAM
Approve the revision to the Maricopa County Employee Hazard Communication Program
(A2231) effective 1/25/2023. This revision has minor changes to content. An application
section was added; the Authority section was removed; and the format and terminology were
updated for clarity. This Policy applies to all Maricopa County appointed departments, the
Flood Control District of Maricopa County, the Maricopa County Library District and the
Maricopa County Stadium District (Special Districts). The Board of Supervisors is authorized
to jointly adopt policies applying to the Special Districts under the Intergovernmental
Agreement, C-06-18-393-6-00, approved on April 11, 2018. (C-31-17-039-6-07)
(C-75-23-011-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers
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Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Transportation - Transportación
Chairman Hickman acknowledged Jennifer Toth who recently accepted a position with
Arizona Department of Transportation. He thanked her for her leadership as Director of
Transportation. The sentiment was echoed by the other Board members.
98.
COMPETITION IMPRACTICABLE AND CHANGE ORDER NO. 7 WITH AZTEC
ENGINEERING FOR ON CALL PROFESSIONAL ENGINEERING & DESIGN SERVICES:
DEER VALLEY ROAD
Request approval of the attached single source Competition Impracticable and the
associated contract modification with Aztec Engineering for $31,939 and extending the term
of the contract to 11/30/2024 for completion of the Letter of Map Revision (LOMR) for the
Maricopa County Department of Transportation TT0248 Deer Valley Road project.
Supervisory District No. 4
(C-64-23-194-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
99.
TRANSFER OF COUNTY RIGHT-OF-WAY TO THE CITY OF BUCKEYE: RESOLUTION
NO. 130-22
Pursuant to ARS §9-471(O), approve the transfer of County right-of-way to the City of
Buckeye, Arizona. The County right-of-way is situated along Jackrabbit Trail from Van Buren
Street to North of Indian School. In accordance with Buckeye Resolution No. 130-22 the
transferred right-of-way will be treated as newly annexed territory.
Supervisory District No. 4
(C-64-23-195-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
100.
TRANSFER OF COUNTY RIGHT-OF-WAY TO THE CITY OF AVONDALE: ORDINANCE
NO. 2068-1222
Pursuant to ARS §9-471(O), approve the transfer of County right-of-way to the City of
Avondale, Arizona. The County right-of-way is situated along Lower Buckeye Road from
Litchfield Road to 4th Street. In accordance with Avondale Ordinance No. 2068-1222 the
transferred right-of-way will be treated as newly annexed territory.
Supervisory District No. 5
(C-64-23-196-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
101.
ROAD ABANDONMENT: ROAD FILE NO. AB-338
Pursuant to A.R.S. §28-6701(B)(C), 7205 and 7215(B), adopt Resolution AB-338 to abandon
a portion of Hermosa Vista Drive in the vicinity of Hawes Road and Terrell Street by
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abandoning a portion of the right of way which was conveyed to Maricopa County by
Warranty Deed on 12/14/1998 and recorded in the office of the Maricopa County Recorder
in Instrument No, 1998-1128414.
(General Vicinity: Hermosa Vista Drive and Hawes Road at 8621 E Mallory St and known as
Assessor parcel 219-31-011Y. Supervisory District No. 2)
(C-64-23-203-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
102.
ROAD ABANDONMENT: ROAD FILE NO. AB-345
Pursuant to A.R.S. §28-6701(B)(C), 7205 and 7215(B), adopt Resolution AB-345 to abandon
a portion of Hermosa Vista Drive in the vicinity of Hawes Road and Terrell Street by
abandoning a portion of the right of way which was conveyed to Maricopa County by
Warranty Deed on 12/14/1998 and recorded in the office of the Maricopa County Recorder
in Instrument No, 1998-1128414.
(General Vicinity: Hermosa Vista Drive and Hawes Road at 8639 E Mallory St and known as
Assessor parcel 219-31-011P. Supervisory District No. 2)
(C-64-23-204-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
103.
INCREASE TO THE MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
FLEET
Approve an exception to the vehicle replacement policy by allowing an increase to the
Maricopa County Department of Transportation (MCDOT) fleet by 32 items. This includes
vehicles, trailers, and equipment necessary to perform maintenance work, respond to
resident requests, and provide safe, operational roadways for the traveling public of
Maricopa County.
Supervisory District No. 1, 2, 3, 4 & 5
(C-64-23-205-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
104.
EASEMENT, RIGHT-OF-WAY, AND RELOCATION ASSISTANCE DOCUMENTS
Approve easements, right-of-way documents, and relocation assistance for highway and
public purposes as authorized by road file resolutions or previous Board of Supervisors’
action.
A. Akron St - SO
Project #: TT0011 – APN: North of 141-61-221 – City of Mesa
A1. Quit Claim Deed – for the amount of $10.00
B. Rockall Power, LLC - KLS
Item #: DD10911 – Project #: TT0008 – APN: 304-17-008W – Rockall Power, LLC
B1. Dedication Purchase Agreement and Escrow Instructions
B2.
Warranty Deed
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C. Southern Ave – 51st Ave to 37th Ln - JR
Item #: D23970 – Project #: TT0633 – APN: 104-76-012A – Southern Acres, LLC
C1. Purchase Agreement and Escrow Instructions
C2. Warranty Deed – for the amount of $1,946.00
C3. Slope Easement
D. NE Corner of Happy Valley Rd and El Mirage Rd - ABH
Item #: DD10904 – Project #: TT0008 – APN: 503-53-001B – PGWS Happy Valley 1 LP
D1. Dedication Purchase Agreement and Escrow Instructions
D2. Warranty Deed
E. Ocotillo Rd - WJ
Item #: D24606 – Project #:TR221 – APN: 304-71-100L – Skylar and Joanna Stewart
E1. Quit Claim Deed – for the amount of $10.00
F. Southern Ave – 51st Ave to 37th Ln - JR
Item #: D24158 – Project #: TT0633 – APN: 104-76-012G – Rodney Neil Bertram
F1. Purchase Agreement and Escrow Instructions
F2. Warranty Deed – for the amount of $1,281.00
F3. Slope Easement
G. White Tanks 03 - MDH
FCD Parcel #: WT3-03 – FCD Permit #: 2021P153 – APN: 502-22-006 ptn. – Flood Control
District of Maricopa County
G1. Non-Exclusive Roadway Easement
H. 155th Ave and Jomax Rd - PM
Item #: DD10909 – Project #: TT0008 – APN: 503-52-024R – Chad W. Hardy
H1.
Warranty Deed
I. 155th Ave, north of Jomax Rd - PM
Project #: TT0011 – APN: 503-52-589L, 589G, 424 and 029X – John Padelford
I1. Assignment and Assumption of Easement
(C-78-23-044-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
INDUSTRIAL DEVELOPMENT AUTHORITY - AUTORIDAD PARA EL
DESARROLLO INDUSTRIAL
105.
ADOPT A RESOLUTION APPROVING THE ISSUANCE OF BONDS FOR THE BENEFIT
OF VALLEY CHRISTIAN SCHOOLS
Adopt a resolution to approve the proceedings of The Industrial Development Authority of
the County of Maricopa for the issuance of its Educational Facilities Revenue Bonds (Valley
Christian Schools Project), Series 2023, in an aggregate amount not to exceed $45,000,000
(C-18-23-064-X-00)
Motion to approve by Supervisor Bill Gates, seconded by Supervisor Thomas Galvin
Formal Meeting Minutes
01/25/2023
Page 99 of 113
Supervisor Gallardo said he had some concerns about the Industrial Development
Authority and actions that are taken without briefing the Board. He said he would like to
know more about the items if there is a requirement for Board approval.
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin
Nays: Steve Gallardo
SETTING OF HEARINGS - CONFIGURACIÓN DE AUDIENCIAS
~All hearings will be held at 9:30 am, 205 W. Jefferson, Phoenix, unless otherwise noted~
~Todas las audiciones será tenidas a las 9:30 de la Mañana, 205 W. Jefferson, Phoenix,
amenos que de otromodo notado~
Planning and Development Setting of Hearings - Configuración De Audiencias de
Planificación y Desarrollo
106.
PLANNING & ZONING SETTING OF HEARINGS
Schedule the following items for public hearing at the February 8, 2023 Board Hearing:
Z2022079 – Arizona RV Specialists LLC – ZC with Overlay – Dist. 2
Z2022126 – All Trucks Auto Parts – ZC with Overlay – Dist. 5
Z2022151 – SWC 115th & Happy Valley Commercial – ZC with Overlay – Dist. 4
Z2022188 – Villages at Pleasant River – Mod. of Condition – Dist. 4
MCP2022007 – Luke Field – MCP with POD – Dist. 4
(C-44-23-179-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Transportation Setting of Hearings - Configuración De Audiencias de Transportación
107.
PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0211
Set a hearing for March 29, 2023 for Road File No. PAB-0211 to consider the request to
abandon a portion of the Federal Patent Easement Numbers 1200891, 1200892, 1205945,
1205946, 1201753, and 1201754 lying in the Southwest quarter of Section 06 – T4N, R1E
of the Gila and Salt River Meridian, Maricopa County, Arizona. Located in the general vicinity
of Happy Valley Parkway and 115th Avenue and known as Assessor Parcel Number 201-
21-049C.
Supervisory District No. 4
(C-64-23-198-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
108.
PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0166
Set a hearing for March 29, 2023 for Road File No. PAB-0166 to consider the request to
abandon a portion of a Federal Patent Easement Number #1194005 lying in the Southeast
quarter of Section 21 – T5N, R4E of the Gila and Salt River Meridian, Maricopa County,
Arizona. Located in the general vicinity of Barwick Drive and 61st Street and known as
Assessor Parcel Number 211-45-143B.
Formal Meeting Minutes
01/25/2023
Page 100 of 113
Supervisory District No. 2
(C-64-23-199-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
109.
PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0207
Set a hearing for March 29, 2023 for Road File No. PAB-0207 to consider the request to
abandon a portion of a Federal Patent Easement Number #1215568 lying in the Southwest
quarter of Section 21 – T1S, R2W of the Gila and Salt River Meridian, Maricopa County,
Arizona. Located in the general vicinity of Ray Road and 193rd Avenue and known as
Assessor Parcel Number 400-53-060P.
Supervisory District No. 5
(C-64-23-200-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
110.
PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0203
Set a hearing for March 29, 2023 for Road File No. PAB-0203 to consider the request to
abandon a portion of a Federal Patent Easement Number #1204488 lying in the Southeast
quarter of Section 21 – T5N, R4E of the Gila and Salt River Meridian, Maricopa County,
Arizona. Located in the general vicinity of Milton Drive and 62nd Street and known as
Assessor Parcel Number 211-45-188A.
Supervisory District No. 2
(C-64-23-201-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
111.
ROAD ABANDONMENT: ROAD FILE NO. AB-349
Set a hearing for March 1st, 2023 to adopt Resolution AB-349. Pursuant to A.R.S. §28-
7214, adopt Resolution AB-349 to abandon a portion of Rancho Del Oro Dr. between 63rd
St. and 64th St. and a portion of 64th St between Wildcat Dr. and Rancho Del Oro Dr. by
extinguishing the easement which was conveyed to Maricopa County by an easement for
highway purposes on August 17, 1967 and recorded by the Maricopa County Recorder in
Instrument No. Docket 6704 Page 633.
(General Vicinity: Rancho Del Oro Dr. and 64th St. and known as Assessor parcel 211-45-
013A. Supervisory District No. 2)
(C-64-23-206-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
112.
ROAD FILE NO. A724
Formal Meeting Minutes
01/25/2023
Page 101 of 113
Set a hearing for March 1, 2023 to adopt Road File No. A724 to Open and Declare the
following described alignment(s) into the County Transportation System.
In accordance with A.R.S. Titles 28-6701, 6702 and 6703, it is recommended by the
Department of Transportation Director, that the Board of Supervisors Open and Declare the
following described alignment(s) into the County Transportation System, Road File No.
A724.
Legal description and map or plat identified as Exhibits "A” and “B” are attached.
(General Vicinity: Olive Avenue and 175th Avenue Intersection. Supervisor District No. 4)
(C-64-23-197-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
113.
ROAD FILE NO. 6000
Set a hearing for March 1, 2023 for Road File No. 6000 to Open and Declare the following
described alignments into the County Transportation System.
Legal description and map or plat identified as Exhibits "A” & “B” are attached.
(General Vicinity: Northern Ave and Citrus Rd. Supervisor District No. 4)
(C-64-23-202-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
114.
ROAD FILE NO. 6001
Set a hearing for March 1, 2023 for Road File No. 6001 to Open and Declare the following
streets into the County Transportation System.
Legal description and map or plat identified as Exhibits "A” & “B” are attached.
(General Vicinity: University Dr. and Recker Rd. Supervisor District No. 2)
(C-64-23-207-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
CONSENT AGENDA - AGENDA DE CONSIENTA
Clerk of the Board Consent Agenda - Secretaria de la Junta Agenda de Consienta
115.
ABSTRACT OF THE ROLL CONTAINING THE VALUATIONS BY TAXING
JURISDICTIONS OF ALL PROPERTY IN THE COUNTY
Pursuant to A.R.S. §42-15155, receive the filing by the Clerk of the Board of the abstract of
the roll containing the valuations by taxing jurisdictions of all property in the County including
the total personal property tax roll as provided by A.R.S. §42-17053.
Formal Meeting Minutes
01/25/2023
Page 102 of 113
The abstract was prepared by the Assessor's Office and transmitted to the Clerk of the
Board. The complete assessment of all parcels of real estate in Maricopa County was
compiled by the Assessor's Office. Notification of the completed roll including all detailed
information was received in the Clerk of the Board's Office on December 20, 2022. The
complete roll for tax year 2023 is available on the Assessor's secured database, and on
microfiche, and is available upon request.
Abstract is on file in the Clerk of the Board's Office and retained in accordance with Arizona
State Library Archives and Public Records (LAPR) approved retention schedule.
(C-06-23-481-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Steve
Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
116. DUPLICATE WARRANTS
Pursuant to A.R.S § 11-632, approve and ratify the issuance of duplicate warrants to replace
county warrants and school warrants which were either lost or stolen. Necessary affidavits have
been filed with the Board. (C-06-23-422-X-00)
Name
Warrant No
Amount
Dept/School
MSR West
3700588107
460.00
Arlington Elementary Dist. #47
CPR Solutions
3700564614
390.50
Litchfield Elementary Dist. #79
Michael Piersee
3010128542
132.86
Finance
Christopher L. Pearson
3010127833
145.28
Finance
Ediberto V. Lara
3010127994
144.86
Finance
Rochelle Perry
52485643
396.50
Elections
Alan Asher
23153913
446.00
Elections
Christopher T. Foster
3010127840
139.67
Finance
Thomas Lynnwyckoff Snith
3010128890
131.67
Finance
Timothy P. Becker
3010128903
133.41
Finance
Michael Holman
3010128528
184.24
Finance
William J. Bruening
3010128963
130.96
Finance
Shorall McGoldrick PC
30140131173
1,175.00
Risk Management
Blas Gabriel Jr.
30110127742
144.56
Finance
Dennis Gracia Sr.
3010127946
171.54
Finance
Banner Alzheimer's Foundation
3010134282
75,000.00
Public Health
Idemia Identity & Security USA
3700576516
2,321.00
Roosevelt Elementary #66
Zdancewicz Law Firm
3700564171
526.17
Sentinel Elementary #71
Pamela Buitimea
52487233
341.50
Elections
Donna Rice
52485011
323.50
Elections
Veronique McClelland
52486633
65.00
Elections
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Steve
Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Formal Meeting Minutes
01/25/2023
Page 103 of 113
117.
DONATIONS FOR PARKS
In accordance with County Policy A2508, accept the monthly donation report received from
Parks and Recreation for December 2022, for a Case Value of $1,153.70.
(C-06-23-428-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Steve
Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
118.
DONATIONS
In accordance with County Policy A2508, accept the donation report received from
Environmental Services for the months of December 2022 and January 2023 for a cash
value of $360.
(C-88-23-008-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Steve
Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
119.
MINUTES
Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Board of
Supervisors meeting held on June 22, 2022; June 29, 2022; June 30, 2022; August 17, 2022;
September 14, 2022; September 28, 2022; October 19, 2022; November 14, 2022;
December 14, 2022.
(C-06-23-435-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Steve
Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
120.
TREASURER'S COLLECTIONS AND DISBURSEMENT SUMMARY FOR DECEMBER
2022
Pursuant to A.R.S. § 11-501, accept the Treasurer's Collections and Disbursement Summary
for December 2022, as on file in clerk of the board's office and retained in accordance with
Arizona State Library Archives and Public Records (ASLAPR) approved retention schedule.
(C-43-23-049-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Steve
Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
121.
SECURED/UNSERCURED TAX ROLL CORRECTIONS
SECURED/UNSECURED TAX ROLL CORRECTIONS
Pursuant to A.R.S. §§42-15155, 16002, 16215, 16258, and 19118, approve requests from
the Assessor for corrections of the Secured Tax Rolls Resolutions, as attached and on file
in the Clerk of the Board's office in accordance with LAPR retention guidelines. This reflects
actual tax dollar corrections to the County tax rolls due to administrative corrections of the
Assessor and as a result of property tax appeals.
(C-06-23-472-X-00)
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01/25/2023
Page 104 of 113
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Steve
Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
122.
SETTLEMENT/RESOLUTION OF PROPERTY TAX CASES AND CLAIMS
Pursuant to A.R.S. §§42-16201 through 16258, approve the settlement/resolution of tax
cases and claims as listed.
2021: TX2020-001143 (PR 101 Logistics Park Building 1)
(C-19-23-070-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Steve
Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
BOARD OF SUPERVISORS ADDENDUM - ADÉNDUM DE LA JUNTA DE
SUPERVISORES
County Attorney
123.
LIBERTY ENTERTAINMENT GROUP V. PENZONE, MARICOPA COUNTY, CV2022-
004522
Authorize the Chairman to sign the Settlement Agreement in the case Liberty Entertainment
Group v. Penzone, Maricopa County, CV2022-004522. As discussed in Executive session
on January 23, 2023.
(C-19-23-075-X-00)
Motion to approve by Supervisor Bill Gates, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
124.
CONFLICT WAIVER REQUEST FROM JONES, SKELTON AND HOCHULI IN THE
MATTER WARREN V. PENZONE, ET AL, 2:22-CV-02200-DWL
Approve a conflict waiver request from Jones, Skelton and Hochuli in the matter Warren v.
Penzone. As discussed in Executive session on January 23, 2023.
(C-19-23-074-X-00)
Motion to approve by Supervisor Bill Gates, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
~ Supervisor Gates recused himself from item 125 and left the dais ~
125.
AUTHORIZE THE COUNTY ATTORNEY TO ENGAGE THE ATTORNEY GENERAL’S
OFFICE TO REPRESENT THE COUNTY IN TAX CASES
Authorize the County Attorney to engage the Attorney General's Office to represent the
County in tax cases: DESERT SKY, L.L.C. V. ARIZ. DEP’T OF REVENUE, MARICOPA
CNTY, TX2022-000433; SUN STREAMS 2 LLC. V. ARIZ. DEP’T OF REVENUE,
MARICOPA CNTY., TX2023-000002; S. CAL. EDISON CO. V. ARIZ. DEP’T OF REVENUE,
MARICOPA CNTY., TX2022-000425; MESQUITE POWER LLC V. ARIZ. DEP’T OF
REVENUE, MARICOPA CNTY., TX2022-000426; SAN DIEGO GAS & ELECTRIC CO. V.
ARIZ. DEP’T OF RREVENUE, MARICOPA CNTY., AND YUMA CNTY., NO. TX2022-
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Page 105 of 113
000429; AND SIETE SOLAR, LLC V. ARIZ. DEP’T OF REVENUE, MARICOPA CNTY.,
TX2022-000430. As discussed in Executive session on January 23, 2023.
(C-19-23-073-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Steve
Gallardo
Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Recused: Bill Gates
~ Supervisor Gates returned to the dais ~
Human Services
126.
TRANSFER AND CONSOLIDATION OF HUMAN SERVICES DEPARTMENT FUNDS
Request approval to transfer and consolidate all Human Services Department funds under
Fund 222. The Human Services Department currently utilizes 2 fund numbers: Fund 217 for
2022 U.S. Department of Housing and Urban Development (HUD) and Fund 222 for the
balance of the Department’s funds.
Fund 217 major program funds are: Community Development Block Grant (CDBG), HOME
Investment Partnerships Program (HOME), Emergency Solutions Grants (ESG) and Lead
Hazard Control and Healthy Homes.
Approve the following fund transfer in FY 2023:
1. $1,084,971 from the CDBG Housing Trust Fund (217) to the Human Services Grant Fund
(222)
In accordance with A.R.S. 42-17106(B), approve the following FY 2023 budget adjustments.
1. Increase the expenditure authority in the CDBG Housing Trust Fund (217) Non Recurring
(NRNP) budget by $1,084,971 for the transfer.
2. Increase the revenue authority in the Human Services Grant Fund (222) Non Recurring
(NRNP) budget by $1,084,971 for the transfer.
3. Decrease the revenue and expenditure authority in the CDBG Housing Trust Fund (217)
Operating (OPER) budget by $6,301,843.
4. Increase the revenue and expenditure authority in the Human Services Grant Fund (222)
Operating (OPER) budget by $6,301,843.
5. Offsetting revenue and expenditure adjustments for the fund transfer in the Eliminations
(D980) Eliminations Fund (900) Non Recurring (NRNP) in the amount of $1,084,971.
By approving the consolidation of 217 funds to 222 funds will allow for improved financial
reporting for the Human Services Department.
SUPERVISORY DISTRICT: All
(C-22-23-059-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Risk Management
127.
SEBASTIAN ALONSO ET AL. V. MARICOPA COUNTY ET AL., CV2022-052095
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01/25/2023
Page 106 of 113
Authorize acceptance of the Tender of Defense from the City of Phoenix in Sebastian Alonso
et al. v. Maricopa County et al., as discussed in Executive session on January 23, 2023.
(C-75-23-012-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
MEETING RECESSED
Chairman Hickman recessed the Board of Supervisors to convene as the Board of Directors of
various special districts.
MEETING RECONVENED
Chairman Hickman reconvened the Board of Supervisors.
CALL TO THE PUBLIC - LLAMADO AL PUBLICO
138.
Public comment on matters pertaining to Maricopa County government. Please limit
comments to two minutes. Note that pursuant to Arizona Open Meeting Law, Board
members may not discuss matters raised under this public comment portion of the
meeting; however, an individual Board member may respond to criticism made by
those who have addressed the Board, ask staff to review an issue raised or may ask
that the matter be placed on a future agenda. (Public comment is at the discretion of
the Chairman.) If you would like to send a written comment, please send email to
agenda.comments@maricopa.gov . Written comments will be summarized at the
meeting noting the topic or topics. All written comments will be forwarded to each
Board Office for their review.
Comentarios del público sobre las materias relacionadas con el gobierno del
Condado de Maricopa. Por favor limite sus comentarios a dos minutos. Tenga en
cuenta que de conformidad con el Derecho de Reunión Abierta de Arizona, miembros
de la Junta no podrán abordar las cuestiones planteadas en esta parte de comentario
público de la reunión, sin embargo, un miembro de la Junta individuo puede
responder a las críticas de quienes se han ocupado de la Junta, pida al personal para
examinar una cuestión planteada o puede pedir que la cuestión se incluya en una
agenda de futuro. (Comentario público es a discreción del Presidente.) Si le gustaría
mandar sus comentarios por escrito favor de enviarlos por correo electrónico a
agenda.comments@maricopa.gov. Comentarios escritos se resumirán en la reunión
tomando nota del tema o temas. Todos los comentarios escritos se remitirán a cada
Oficina de la Junta para su revisión.
Chairman Hickman asked the Clerk if there was anything to report regarding Public
Comment email responses. The Clerk said there were seven emails regarding Animal
Care and Control, one regarding elections, and one regarding Rio Verde water. She
added there was a speaker form received from Blue Crowley.
Blue Crowley, resident, talked about public input at the Regional Public Transportation
Authority and light rail meetings. He said they ask for input, and he was frustrated that
Formal Meeting Minutes
01/25/2023
Page 107 of 113
he is not heard. He stated there is so much to comment on he did not know how to
reach all departments.
SUMMARY OF CURRENT EVENTS - EL RESUMEN DE TEMAS DE
ACTUALIDAD
139.
Supervisors'/County Manager's summary of current events - Resumen de temas de
actualidad de los Supervisores/Administrador del Condado
Joy Rich, County Manager, spoke in appreciation of Jennifer Toth who would be leaving
Maricopa County. Ms. Rich said there were many accomplishments during her tenure
at Maricopa County
Supervisor Sellers said he attended the County Supervisors Association (CSA)
Legislative session. He appreciated the meeting because it gave attendees an
opportunity to participate at a nonpartisan level. He said the following day was the CSA
regular meeting and Governor Hobbs was present for questions. He also attended a
Chandler Chamber “Meet the Elected Officials” event. Supervisor Sellers said Sheriff
Penzone spoke and delivered a very moving speech. He said he and Supervisor Gates
attended a round table discussion including the Greater Phoenix Economic Council with
Senator Sinema, who also supports the need for infrastructure. Supervisor Sellers said
he is very appreciative to have Jennifer Toth moving to a state level to continue her
work involving transportation.
Supervisor Gallardo expressed his thanks to Jennifer Toth. He commented on the
changing weather and the outdoor activities that are coming up.
Supervisor Galvin congratulated Jennifer Toth and wished her the best. He said he
attended an event at Heidi’s Village, hosted by the Arizona Partnership for People and
Pets. He said the human to pet connection was emphasized in creating healthy
communities.
Chairman Hickman said a budget presentation was coming up at 1:00 p.m. and it would
give the Board an idea of which way the County is going in the coming year. He
mentioned that Governor Hobbs came to the County Supervisors Association meeting,
and she stayed to ask questions. He said he recently had an opportunity to meet with
her and talk in more detail about some of his chairman goals for the coming year.
MEETING ADJOURNED
There being no further business to come before the Board, the meeting was adjourned.
______________________________
Clint Hickman, Chairman of the Board
ATTEST:
____________________________
Juanita Garza, Clerk of the Board
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01/25/2023
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IMPROVEMENT DISTRICT AGENDA - AGENDA DE DISTRITO DE
MEJORAMIENTO
The Board of Directors for the Improvement District convened in Formal session on Wednesday,
January 25, 2023, in the Supervisors’ Auditorium, 205 W Jefferson, Phoenix, AZ 85003, with the
following members present: Clint Hickman, Chairman, District 4; Jack Sellers, Vice Chairman,
District 1; Thomas Galvin, Director, District 2; Bill Gates, Director, District 3; Steve Gallardo,
Director, District 5. Also present: Juanita Garza, Clerk; Joy Rich, County Manager; Andrea
Cummings, Legal Counsel; Kelly Gardiner, Minutes Coordinator.
128.
MINUTES
Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Granite Vista Phase
1D Street Light Improvement District meeting held on June 22, 2022; October 19, 2022.
(C-06-23-438-X-00)
Motion to approve by Director Thomas Galvin, seconded by Director Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
129.
STREET LIGHTING IMPROVEMENT DISTRICT AGREEMENT BETWEEN ARIZONA
PUBLIC SERVICE COMPANY AND GRANITE VISTA WEST STREET LIGHTING
IMPROVEMENT DISTRICT
Approve Street Lighting Improvement District Agreement between Arizona Public Service
Company and Granite Vista West Street Lighting Improvement District.
Supervisory District No. 4
(C-64-23-193-X-00)
Motion to approve by Director Thomas Galvin, seconded by Director Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
MEETING ADJOURNED
There being no further business to come before the Board, the meeting was adjourned.
______________________________
Clint Hickman, Chairman of the Board
ATTEST:
Formal Meeting Minutes
01/25/2023
Page 109 of 113
____________________________
Juanita Garza, Clerk of the Board
FLOOD CONTROL DISTRICT AGENDA - AGENDA DE DISTRITO DE
CONTROL DE INUNDACIONES
The Board of Directors for the Flood Control District convened in Formal session on Wednesday,
January 25, 2023, in the Supervisors’ Auditorium, 205 W Jefferson, Phoenix, AZ 85003, with the
following members present: Clint Hickman, Chairman, District 4; Jack Sellers, Vice Chairman,
District 1; Thomas Galvin, Director, District 2; Bill Gates, Director, District 3; Steve Gallardo,
Director, District 5. Also present: Juanita Garza, Clerk; Joy Rich, County Manager; Andrea
Cummings, Legal Counsel; Kelly Gardiner, Minutes Coordinator.
130.
AMENDMENT TO IGA WITH THE CITY OF PHOENIX FOR 27TH AVE AND OLNEY
Approve Amendment No.3 Intergovernmental Agreement (IGA) FCD 2018A011C to IGA
2018A011 (C-69-19-003-3-00) for the 27th Avenue and Olney Avenue Drainage
Improvements Project (PROJECT) between the City of Phoenix (CITY) and the Flood Control
District of Maricopa County (DISTRICT). This Amendment No.3 shall become effective when
executed by all parties.
Due to the urgency of implementing the basin construction portion of this PROJECT before
the start of the 2019 monsoon season, the original IGA was amended (Amendment 1) so the
CITY can undertake the construction of the three drainage basins on 23rd Avenue ahead of
the proposed 72-inch storm drain construction.
The original IGA was amended (Amendment 2) to restore the original rights-of-way
acquisition responsibilities between the CITY and the DISTRICT that were set out in IGA
2018A011 to the CITY and include the final Durango Regional Conveyance Channel project
credit of $2,559,207.32.
Amendment 3: Due to the uncertainty of the market and materials shortage/inflation, the low
bidder amount was 28.89% higher than the engineer’s estimate. This significant cost
increase has strained the CITY’s budget for this project. The PROJECT PARTNERS have
agreed to modify the project cost share for the difference between the low bidder amount
and the engineer’s estimate by applying the current cost share standard of 65% District/35%
City to that difference. The originally agreed to 50/50 cost-share will still apply for project
costs up to the value of the engineer’s estimate at the time of bid opening.
The expenditure increase is included in the FY23 budget, and this action will have a net zero
impact on the overall District budget.
This agenda item impacts Supervisorial District 5.
(C-69-19-003-3-03)
Motion to approve by Director Jack Sellers, seconded by Director Bill Gates
Formal Meeting Minutes
01/25/2023
Page 110 of 113
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
131.
RESOLUTION FOR THE PECOS ROAD DRAINAGE IMPROVEMENTS PROJECT
Adopt Resolution FCD 2022R002 for the Pecos Road Drainage Improvements Project
(Project), authorizing the Director of the Flood Control District of Maricopa County (District)
to include funds for Project implementation in the District’s current and future Five-Year
Capital Improvement Program; to negotiate and prepare Intergovernmental Agreements for
cost sharing, rights-of-way acquisition, design, construction, construction management and
future operation and maintenance of the Project; to advertise, select, negotiate, and award
contracts for Project engineering and construction services as appropriate.
The Project area is located within the City of Mesa (City) and Pinal County generally along
Pecos Road from Ellsworth Road to Meridian Road and south along Meridian Road to
approximately ½-mile south of Germann Road. The proposed improvements were identified
in the East Mesa Area Drainage Master Study/ Plan Update as being necessary to control
flooding in the area. Once implemented, this Project will reduce the flood hazard by
constructing a series of channels, storm drains, basins and associated drainage
improvements. It is anticipated that the estimated cost for this Project is $30,000,000 which
will be shared between the District and the City.
This Agenda Item impacts Supervisorial District 2.
(C-69-23-030-X-00)
Motion to approve by Director Jack Sellers, seconded by Director Bill Gates
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
132.
EASEMENT, RIGHT-OF-WAY, AND RELOCATION ASSISTANCE DOCUMENTS
Approve easements and right-of-way acquisition documents, appraisal and relocation
assistance services contracts under $5,000 per Resolution FCD 87-12; Escrow Instructions
per Resolution FCD 87-13; Payment of Tax Notices per Resolution FCD 97-07; License
Procedures and Fee Schedules per Resolution FCD2002R002; and disposal of easements,
excess real property and fixtures under $250,000 documents per FCD 1999R016 for Flood
Control purposes.
A. White Tanks 03 - MDH
FCD Parcel #: WT3-03 – FCD Permit #: 2021P153 – APN: 502-22-006 ptn. – Flood Control
District of Maricopa County
A1.
Non-Exclusive Roadway Easement
B. Saddleback FRS - MDH
FCD Parcel #: T-1181C – FCD Permit #: 2021P162 – Adjacent to APN: 506-31-007F – Flood
Control District of Maricopa County
B1.
Non-Exclusive Utility Easement
C. Sunset FRS - KS
FCD PCN #: 340.01.80 – FCD Item #: F00445 – APN: 505-33-010 – J. Jesus Limon, Hector
A. Limon-Briones, and Jose De Jesus Limon-Briones
C1.
Purchase Agreement and Escrow Instructions
C2. Non-Exclusive Ingress and Egress Easement
D. 10th Street Drain and Basins - DB
FCD PCN #: 580.01.80 – FCD Parcel #: TB1-01, TB1-02, TB1-03 – FCD Permit #: 2021P266
APN: 159-28-003N, 003L, 003R – Flood Control District of Maricopa County
Formal Meeting Minutes
01/25/2023
Page 111 of 113
D1.
Land Use License
E. 10th Street Drain and Basins - DB
FCD Parcel #: TB1-03 – FCD Permit #: 2021P266 – APN: 159-28-003R ptn. – Flood Control
District of Maricopa County
E1. Non-Exclusive Easement
(C-78-23-043-X-00)
Motion to approve by Director Jack Sellers, seconded by Director Bill Gates
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
133.
MINUTES
Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Flood Control
District meeting held on June 22, 2022; August 17, 2022; September 14, 2022; September
28, 2022; October 19, 2022.
(C-06-23-436-X-00)
Motion to approve by Director Jack Sellers, seconded by Director Bill Gates
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
MEETING ADJOURNED
There being no further business to come before the Board, the meeting was adjourned.
______________________________
Clint Hickman, Chairman of the Board
ATTEST:
____________________________
Juanita Garza, Clerk of the Board
Formal Meeting Minutes
01/25/2023
Page 112 of 113
LIBRARY DISTRICT AGENDA - AGENDA DEL DISTRITO DE BIBLIOTECA
The Board of Directors for the Library District convened in Formal session on Wednesday,
January 25, 2023, in the Supervisors’ Auditorium, 205 W Jefferson, Phoenix, AZ 85003, with the
following members present: Clint Hickman, Chairman, District 4; Jack Sellers, Vice Chairman,
District 1; Thomas Galvin, Director, District 2; Bill Gates, Director, District 3; Steve Gallardo,
Director, District 5. Also present: Juanita Garza, Clerk; Joy Rich, County Manager; Andrea
Cummings, Legal Counsel; Kelly Gardiner, Minutes Coordinator.
134.
DONATIONS TO MARICOPA COUNTY LIBRARY DISTRICT
In accordance with County Policy A2508 accept the monthly donation report received from
Library District (MCLD) for November 2022 in the amount of $3,224.79 ($100.00 Cash Value
and $3,124.79 Non- Cash Value).
(C-65-23-012-X-00)
Motion to approve by Director Jack Sellers, seconded by Director Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
135.
DONATION FROM FRIENDS OF THE QUEEN CREEK LIBRARY
Approve and accept a donation from Friends of the Queen Creek Library in the form of 3
Cricut Maker cutting machines and bundled accessories/supplies, with a non-cash value of
$1,029.36 per confirmation # 86456519. This donation is for use in programming preparation
and making programming materials and library display components.
(C-65-23-013-X-00)
Motion to approve by Director Jack Sellers, seconded by Director Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
136.
DONATION FROM ARIZONA STATE UNIVERSITY/SCISTARTER
Approve and accept a donation from Arizona State University and SciStarter in the form of
18 Citizen Science Kits with a non-cash value $5,328.00; kits are to be distributed district
wide, one to each library.
The kits include:
• Aranet4 CO2 monitor
• Protective travel case
• Data Field Book – Record your data to share with the research team and other kit users.
• Take Action sheet – A list of things you can do to improve your indoor air.
• Book - How to Grow Fresh Air: 50 Houseplants That Purify Your Home or Office
• Book - The Field Guide to Citizen Science
Formal Meeting Minutes
01/25/2023
Page 113 of 113
(C-65-23-014-X-00)
Motion to approve by Director Jack Sellers, seconded by Director Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
137.
MINUTES
Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Library District
meeting held on June 22, 2022; October 19, 2022.
(C-06-23-437-X-00)
Motion to approve by Director Jack Sellers, seconded by Director Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
MEETING ADJOURNED
There being no further business to come before the Board, the meeting was adjourned.
______________________________
Clint Hickman, Chairman of the Board
ATTEST:
____________________________
Juanita Garza, Clerk of the Board