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Board Members
Denny Barney, Chairman, District 1
Steve Chucri, Vice Chairman, District 2
Bill Gates, District 3
Clint Hickman, District 4
Steve Gallardo, District 5
County Manager
Joy Rich
"The mission of Maricopa County is to Clerk of the Board
Fran McCarroll
provide regional leadership and fiscally
responsible, necessary public services to Meeting Location
its residents so they can enjoy living in Supervisors' Auditorium
healthy and safe communities” 205 W. Jefferson
Phoenix, AZ 85003
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 Housing Authority of Maricopa County and/or Board of Deposit)
Table of Contents
Board Page
Board of Supervisors 2
Improvement District No Meeting
Flood Control District 63
Library District 65
Stadium District No Meeting
Board of Deposit No Meeting
Wednesday, August 23, 2017
9:30 AM
Formal Meeting Minutes
Wednesday, August 23, 2017
Page 2 of 64
Chairman Barney thanked the Sherriff’s Office and Protective Services for their service
for staying until 11:00 p.m. last night to assist with the Presidential visit in downtown
Phoenix.
1. INVOCATION - INVOCACIÓN
Eric Latto, representative of Honor Health, offered the Invocation.
2. PLEDGE OF ALLEGIANCE - JURO FIDELIDAD A LA BANDERA
Eric Latto, representative of Honor Health, led the Pledge of Allegiance to the Flag.
3. ROLL CALL - LISTA
The Board of Supervisors of Maricopa County, Phoenix, Arizona, convened in Formal
Session at 9:30 AM on Wednesday, August 23, 2017, in the Supervisors' Auditorium, 205
W. Jefferson, Phoenix, AZ 85003, with the following members present: Denny Barney,
Chairman, District 1; Steve Chucri, Vice Chairman, District 2; Bill Gates, District 3 (via
phone); Clint Hickman, District 4; Steve Gallardo, District 5. Also present: Fran McCarroll,
Clerk of the Board; Amy Goodloe, Minutes Coordinator; Joy Rich, County Manager; and
Andrea Cummings, Legal Counsel.
BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES
4. PET SHOWCASE BY MARICOPA COUNTY ANIMAL CARE AND CONTROL
PRESENTACIÓN DE ANIMALS DOMESTICOS POR EL DEPARTAMENTO DE
CONTROL Y CUIDADO DE ANIMALES
Jose Santiago of Maricopa County Animal Care and Control (MCACC), introduced
Monica and Ross who are brother and sister. The pair are three months old and are a
Yorkie mix. He noted the West Shelter had a free adoption event over the weekend
where over 317 animals were adopted. He stated the adoption fee for all animals except
puppies are $20.00 through the month of August.
5. APPOINTMENT OF A CONSTABLE FOR THE SOUTH MOUNTAIN JUSTICE
PRECINCT
Pursuant to ARS §11-251(16), consider a nomination for appointment of a Constable for
the South Mountain Justice Precinct to fill the vacancy created by the resignation of Jimmie
Munoz, the previous Constable. This appointment shall be for the remainder of the
unexpired term of the office. The recommended salary for the newly appointed Constable
is $48,294.00, consistent with A.R.S. §11-424.01(C)(5) and the Board of Supervisors’
action related to Constable salaries. (C-06-18-064-9-00)
Supervisor Gallardo stated all of the applications received and the process took a month
to review all of the applications.
Motion by Supervisor Gallardo to nominate Mahogany Cherry-Kennedy, seconded by
Supervisor Chucri
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
Ms. Cherry-Kennedy thanked the Board for the opportunity and stated she is ready to
get to work.
Formal Meeting Minutes
Wednesday, August 23, 2017
Page 3 of 64
Chairman Barney thanked Supervisor Gallardo for his work.
PLANNING AND DEVELOPMENT
6. MARBELLA RANCH DEVELOPMENT AGREEMENT
Approve a(n) Agreement between Marbella Ranch Limited Partnership and Maricopa
County through the Planning and Development Department, for the purpose of authorizing
execution of the Marbella Ranch Development Agreement between Marbella Ranch
Limited Partnership (Property Owner) and Maricopa County. This Development Agreement
encompasses all of the master-planned community known as Marbella Ranch located on
the west side of El Mirage Road, north of Glendale Avenue to the Northern Parkway
alignment, and on both sides of the Dysart Drain. This agreement defers requirement for
certain improvements to El Mirage Road from development of Parcel 1 until either the
earlier of earliest development of any portion of Parcel 4 or any portion north of Dysart
Drain, or any time after five years. This agreement must be authorized by Resolution of the
Board of Supervisors prior to approval of the final plat for Parcel 1. This agreement is to be
recorded as required pursuant to A.R.S. §11-1101. . This Agreement is non-financial and is
effective from August 23, 2017 until August 23, 2022. (C-44-18-001-3-00)
Supervisor Hickman thanked everyone for all the work that has gone into the Marbella
Ranch Development and noted it has been a fairly large project.
Motion to approve by Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
7. AGREEMENT FOR GUARANTY OF PERFORMANCE FOR MARBELLA RANCH,
PARCEL 1
Approve an Agreement between Marbella Ranch Limited Partnership and Maricopa County
through the Planning and Development Department, for the purpose of authorizing
execution of the Marbella Ranch Parcel 1 Guaranty of Performance Agreement among
Marbella Ranch Limited Partnership (Property Owner), builder/purchasers under contract
of Parcel 1 and Maricopa County. This Guaranty of Performance Agreement encompasses
all of the subdivision plat known as Marbella Ranch Parcel 1 located at the northeast
northwest corner of El Mirage Road and Glendale Avenue. This agreement ensures
completion of required infrastructure associated with the subdivision (other than those El
Mirage Road improvements deferred per the Marbella Ranch Parcel 1 and Parcel 4
Development Agreement). A financial assurance will be in place prior to plat recordation.
This agreement must be authorized by Resolution of the Board of Supervisors prior to
approval of the final plat for Parcel 1. This agreement is to be recorded as required
pursuant to A.R.S. §11-1101. (Supervisor District 4). This Agreement is non-financial and is
effective from August 23, 2017 until August 23, 2022. (C-44-18-002-3-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
Formal Meeting Minutes
Wednesday, August 23, 2017
Page 4 of 64
8. AGREEMENT FOR GUARANTY OF PERFORMANCE FOR MARBELLA RANCH,
PARCEL 2, PHASE 1
Approve a(n) Agreement between Marbella Ranch Limited Partnership and Maricopa
County through the Planning and Development Department, for the purpose of authorizing
execution of the Marbella Ranch Parcel 2 Phase 1 Guaranty of Performance Agreement
among Marbella Ranch Limited Partnership (Property Owner), builder/purchasers under
contract of Parcel 2, Phase 1 and Maricopa County. This Guaranty of Performance
Agreement encompasses all of the subdivision plat known as Marbella Ranch Parcel 2,
Phase 1 located at the northeast corner of 127th Avenue and Glendale Avenue. This
agreement ensures completion of required infrastructure associated with the subdivision. A
financial assurance will be in place prior to plat recordation. This agreement must be
authorized by Resolution of the Board of Supervisors prior to approval of the final plat for
Parcel 2, Phase 1. This agreement is to be recorded as required pursuant to A.R.S. §11-
1101. (Supervisor District 4). This Agreement is non-financial and is effective from August
23, 2017 until August 23, 2022. (C-44-18-003-3-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
9. MARBELLA RANCH INTERIM DRAINAGE AND PUBLIC ACCESS EASEMENTS AND
AGREEMENTS
Approve Marbella Ranch Interim Drainage and Access Easements and Agreements. The
developer has created two temporary easements for (1) rights of access and (2)
creation/maintenance of interim drainage facilities, to be used until such time as permanent
solutions are developed most likely with future development of adjacent subdivisions.
Maricopa County is a party to each of these easements, either as the grantee or in another
role. Each of the easements is designed to be temporary and to remain in place only for so
long as the development process warrants. At the end of that process each such easement
it will be extinguished once the Planning & Development Department has determined that
such action is warranted. (C-44-18-017-M-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
NOTE: Agenda item A-1 was taken out of order and heard with agenda items 6-9 before
item PZ-1
A-1. AMENDMENT TO INTERIM DRAINAGE AND CONSTRUCTION EASEMENT FOR
MARBELLA RANCH PARCEL 2
Approve the Amendment to a Drainage and Construction Easement for Marbella Ranch
Parcel 2. This easement is in regard to a third temporary drainage easement to be used
until such time as permanent solutions are developed most likely with future development
of an adjacent subdivision. It located on land owned by Luke Land, LLC. This document
amends the previously-recorded “Temporary Drainage and Construction Easement”
between Luke Land 58, LLC, MPC Luke, LLC, and Marbella Ranch Limited Partnership.
The easement document recoded in 2016 did not convey rights to the County. This
Amendment provides (1) the right for the county to enter and inspect the temporary basin,
and (2) a modification to the term of the easement to state that the easement will be
terminated when the county construction permits are finalized for all grading and drainage
improvements, including the Substitute Retention Facilities. The easement is designed to
be temporary and to remain in place only for so long as the development process warrants.
Formal Meeting Minutes
Wednesday, August 23, 2017
Page 5 of 64
At the end of that process the easement will be extinguished once the Planning &
Development Department has determined that such action is warranted. (C-44-18-018-M-
00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
PLANNING AND ZONING AGENDA
AGENDA DE PLANIFICACIÓN Y ZONIFICACIÓN
The Board of Supervisors will now consider matters related to Planning and Zoning
CONSENT AGENDA - AGENDA DE CONSIENTA
PZ-1. SILVER BIT RANCH
Case #: Z2012002
Supervisor District: 4
Applicant/Owner: SKG Enterprises, Inc. / Scott L Whitworth
Request: Special Use Permit (SUP) to allow for public ranch operations
Site Location: Generally located south of the U.S. 60 and west of 523rd Ave. off of an
access easement from William Rd. in the Aguila area
Commission Recommendation: On 7/20/17, the Commission voted 6-0 to recommend
approval of Z2012002 subject to conditions ‘a’ – ‘j’:
a. Development of the site shall comply with the Site Plan entitled “Silver Bit Ranch”
consisting of 1 full-size sheet, dated stamped received April 11, 2017 except as modified
by the following conditions. The applicant/owner shall provide a revised site plan within 30
days of approval by the Board of Supervisors removing the signage location and details.
b. Development of the site shall be in conformance with the Narrative Report entitled
“Silver Bit Ranch”, consisting of 7 pages, dated stamped received April 12, 2016 except as
modified by the following conditions. The applicant/owner shall provide a revised narrative
report within 30 days of approval by the Board of Supervisors removing the signage
location and details.
c. The applicant/property owner shall submit a ‘will serve’ letter for fire protection services
for the project site. A copy of the ‘will serve’ letter shall be required as part of the
construction permit submittal.
d. This Special Use Permit shall expire 30 years from the date of approval by the Board of
Supervisors for a period of 90 or more consecutive days, or upon termination of the use,
whichever occurs first. All of the site improvements shall be removed within 60 days of
such termination or expiration.
e. The applicant/owner shall submit a written report outlining the status of the development
at the end of 1 year from the date of approval by the Board of Supervisors. The status
report shall be reviewed by staff to determine whether the Special Use Permit remains in
compliance with the approved conditions.
Formal Meeting Minutes
Wednesday, August 23, 2017
Page 6 of 64
f. The following Environmental (MCESD) condition shall apply:
1. An operating permit for the RV and trailer coach park portion of the site needs to be
submitted and approved by MCESD.
g. The following Engineering conditions shall apply:
1. The Site Plan and the Grading & Drainage Plan shall be in agreement.
2. Required retention shall be provided with a minimum of one foot of freeboard in all
retention basins.
3. No livable structures shall be constructed onsite.
4. Construction permits shall be submitted, approved & issued, and finalized for all onsite
construction not completed in the December 2000 aerial photograph that matches the
improvements shown on the Z2012002 Special Use Permit Site and Grading & Drainage
Plans. All other improvements shall be removed or separately documented in the special
use permit and permitted and finalized through the construction permitting phase.
5. Sufficient protective structures and grading shall be employed in order to protect the
retention basins from damage during flooding events up to the 100-year peak runoff event.
All improvements shall not impede or divert stormwater from its historic paths or raise the
water surface elevations from the historic condition.
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-44-18-006-M-00)
Motion to concur with the Planning Commission recommendations for approval by
Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
PZ-2. EH KEM COTTON 303
Formal Meeting Minutes
Wednesday, August 23, 2017
Page 7 of 64
Case #: MCP2017001
Supervisor District: 4
Applicant/Owner: Withey Morris, PLC / EH KEMF Cotton 303, LLC
Request: Military Compatibility Permit (MCP) without a precise Plan of Development for
commercial and industrial uses in the Rural-43, 65 – 69 and 70 – 74 Ldn Noise Contours
for Luke Air Force Base (AFB), Military Airport and Ancillary Military Facility Overlay Zoning
District
Site Location: Generally located at the SWC of Loop 303 and Glendale Ave. in the
Glendale area
Commission Recommendation: On 7/20/17, the Commission voted 6-0 to recommend
approval of MCP2017001 subject to conditions ‘a’ – ‘j’:
a. Development of the site shall be in conformance with the Narrative Report entitled, “EH
KEMF Cotton 303, LLC”, consisting of 27 pages, dated revised May 8, 2017, and stamped
received May 8, 2017, except as modified by the following conditions.
b. The following industrial land uses shall be allowed within the 65 – 69 and 70 – 74 Ldn
pursuant to MCZO:
Transportation, communications and utilities
1. Motor vehicle parking
2. Communications facilities, including but not limited to communications towers
3. Utilities
Commercial/retail trade
1. Wholesale trade
2. Building materials – retail
3. General merchandise – retail
4. Food – retail
5. Liquor – retail
6. Automotive and marine
7. Gasoline service stations
8. Apparel and accessories – retail
9. Eating and drinking places
10. Furniture and home furnishings – retail
11. Landscape materials, equipment and supplies – retail
12. Construction equipment – sales, service and rental
13. Other retail trade
Personal & business services
1. Business services
2. Repair services
3. Contract construction services
4. Indoor recreation services
5. Self-storage facilities
6. Other services
Industrial/manufacturing
1. Food and kindred products
2. Textile mill products
Formal Meeting Minutes
Wednesday, August 23, 2017
Page 8 of 64
3. Apparel
4. Lumber and wood products
5. Landscape materials – wholesale
6. Furniture and fixtures
7. Paper and allied products
8. Printing and publishing
9. Chemicals and allied products
10. Rubber and miscellaneous plastic
11. Stone, clay and glass products
12. Primary metal industries
13. Fabricated metal products
14. Professional, scientific and controlling instruments
15. Truck terminals, including service and storage
16. Warehousing, storage and distribution facilities
17. Miscellaneous manufacturing
c. No use shall interfere with the flight operations at Luke Air Force Base.
d. The developer shall submit FAA Form 7460-1 to the FAA Regional Office to establish
allowable building/structure heights up to a maximum of 70’.
e. The following Planning Engineering conditions shall apply:
1. 65’ half-width ROW dedication along the W. Glendale Avenue site frontage of APN 501-
03-010D will be required.
2. Without the submittal of a precise plan of development, no development approval is
inferred by this review, including, but not limited to drainage design, access, roadway
alignments and other future required right-of-way dedications. These items will be
addressed as development plans progress and are submitted to the County for further
review and/or entitlement.
3. A Traffic Impact Study to address traffic impacts, additional right-of-way dedications and
roadway improvements required to support the proposed development must be submitted
with the Plan of Development application.
4. Detailed Grading and Drainage Plans showing the new site improvements must be
submitted for Plan of Development approval and acquisition of building permits.
f. The property owner shall submit a ‘will serve’ letter from Rural Metro Fire Department for
fire protection services for the project site. A copy of the ‘will serve’ letter shall be required
as part of the initial construction permit submittal.
g. All buildings subject to noise attenuation as per ARS § 28-8482(B).
h. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance.
i. 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 Military Compatibility Permit as set forth in the Maricopa
County Zoning Ordinance.
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,
Formal Meeting Minutes
Wednesday, August 23, 2017
Page 9 of 64
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 Military
Compatibility Permit. The Military Compatibility Permit enhances the value of the property
above its value as of the date the Military Compatibility Permit is granted and reverting to
the prior zoning results in the same value of the property as if the Military Compatibility
Permit had never been granted. (C-44-18-007-M-00)
Motion to concur with the Planning Commission recommendations for approval by
Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
PZ-3. EH KEM COTTON 303
Case #: Z2017009
Supervisor District: 4
Applicant/Owner: Withey Morris, PLC / EH KEMF Cotton 303, LLC
Request: Zone Change to IND-2 Industrial Unit Plan of Development (IUPD) without a
precise Plan of Development
Site Location: Generally located at the southwest corner of Loop 303 and Glendale Ave. in
the Glendale area
Commission Recommendation: On 7/20/17, the Commission voted 6-0 to recommend
approval of Z2017009 subject to conditions ‘a’ – ‘k’:
a. Development of the site shall be in conformance with the Narrative Report entitled, “EH
KEMF Cotton 303, LLC Zone Change IND-2/IUPD”, consisting of 8 pages, dated revised
June 6, 2017, and stamped received June 6, 2017, except as modified by the following
conditions.
b. The following IND-2 IUPD Standards shall apply:
1. Maximum Height: 70’ Developer shall submit FAA form 7460-1 to the FAA Regional
Office to establish allowable building/structure heights
2. Minimum Rear Yard: 0’
3. Minimum Side Yard: 0’
4. Screening:
a. Adjacent to rural or residential district automobile parking shall be screened from view by
view obscuring wall, fence or landscape but no screening required adjacent to APN 501-
03-010D.
b. No solid masonry wall required adjacent to a side or real property line abutting any rural
or residential zoning district.
c. View-obscuring wall or fence, six feet in height, on perimeter of site with outdoor
industrial use adjacent to any district but not including APN 501-03-010D.
5. Parking: Industrial, wholesale & manufacturing: 1/1,000 sq. ft.; Warehouse: 1/1,200 sq.
ft.
c. No use shall interfere with the flight operations at Luke Air Force Base.
d. The developer shall submit FAA form 7460-1 to the FAA Regional Office to establish
allowable building heights.
e. The following Planning Engineering conditions shall apply:
1. 65’ half-width ROW dedication along the W. Glendale Avenue site frontage of APN 501-
Formal Meeting Minutes
Wednesday, August 23, 2017
Page 10 of 64
03-010D will be required.
2. Without the submittal of a precise plan of development, no development approval is
inferred by this review, including, but not limited to drainage design, access, roadway
alignments and other future required right-of-way dedications. These items will be
addressed as development plans progress and are submitted to the County for further
review and/or entitlement.
3. A Traffic Impact Study to address traffic impacts, additional right-of-way dedications and
roadway improvements required to support the proposed development must be submitted
with the Plan of Development application.
4. Detailed Grading and Drainage Plans showing the new site improvements must be
submitted for POD approval and acquisition of building permits.
f. The property owner shall submit a ‘will serve’ letter from Rural Metro Fire Department for
fire protection services for the project site. A copy of the ‘will serve’ letter shall be required
as part of the initial construction permit submittal.
g. All buildings subject to noise attenuation as per ARS § 28-8482(B).
h. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance.
i. Noncompliance 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 Zone Change as set forth in the
Maricopa County Zoning Ordinance.
j. 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.
k. 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-44-18-008-M-00)
Motion to concur with the Planning Commission recommendations for approval by
Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
PZ-4. SOUTHWEST HEALING GARDENS
Case #: Z2017026
Supervisor District: 1
Applicant/Owner: Fred Abraham / Chris Huson
Request: Special Use Permit (SUP) for an assisted living Group Home within 1,320’ of
another Group Home in the R1-6 RUPD zoning district
Site Location: Generally located on Boston St., approx. 1,100’ west of Gilbert Rd. in the
Chandler area
Commission Recommendation: On 7/20/17, the Commission voted 6-0 to recommend
Formal Meeting Minutes
Wednesday, August 23, 2017
Page 11 of 64
approval of Z2017026 subject to conditions ‘a’ – ‘g’:
a. Development of the site shall comply with the Site Plan entitled “Southwest Healing
Gardens”, consisting of one 8” x 11” size sheet, stamped received March 28, 2017 except
as modified by the following conditions.
b. Development of the site shall be in conformance with the Narrative Report entitled
“Southwest Healing Gardens”, consisting of 1 page, stamped received March 28, 2017,
except as modified by the following conditions.
c. This Special Use Permit shall expire 15 years from the date of approval by the Board of
Supervisors for a period of 90 or more consecutive days, or upon termination of the use,
whichever occurs first. All of the site improvements shall be removed within 60 days of
such termination or expiration.
d. The applicant/owner shall submit a written report outlining the status of the development
at the end of 2 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 Permit remains in
compliance with the approved conditions.
e. Prior to occupying the existing residence or any portion thereof for any use associated
with the Special Use Permit, the applicant shall obtain a Building Permit to retrofit the
existing residence to meet current commercial building code requirements as applicable
and shall obtain a Certificate of Occupancy for the retrofitted building prior to occupancy.
f. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a
revocation of this [Special Use Permit or 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,
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-44-18-009-M-00)
Motion to concur with the Planning Commission recommendations for approval by
Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
PZ-5. FRESH TOUCH GARDENS
Case #: Z2017039
Formal Meeting Minutes
Wednesday, August 23, 2017
Page 12 of 64
Supervisor District: 4
Applicant/Owner: Rose Law Group, LLC / Connie Jo and Charles Humme
Request: Modification of Condition for a time extension of a Special Use Permit (SUP) for a
retail nursery, garden center, and outdoor farmer’s market in the Rural-43 zoning district
Site Location: Generally located on Pinnacle Peak Rd., approximately 640’ east of 87th
Ave. in the Peoria area
Commission Recommendation: On 7/20/17, the Commission voted 6-0 to recommend
approval of Z2017039 subject to conditions ‘a’ – ‘q’:
a. Development and use of the site shall comply with the site plan entitled “Special Use
Permit for Retail Plant Nursery, Landscaping, Wholesale Plant Nursery and Farmer’s
Market”, consisting of one full-size sheets, dated April 12, 2017, and stamped received
April 17, 2017, except as modified by the following conditions.
b. Development and use of the site shall comply with the narrative report entitled Fresh
Touch Gardens Inc. Special Use Permit Z2017039”, consisting of five (5) pages dated June
16, 2017, and stamped received June 16, 2017, except as modified by the following
conditions.
c. Signs must be located outside the ultimate right-of-way on Pinnacle Peak Road and the
required clear-sight distance triangles.
d. Parking lot lighting shall be limited to a height of 14’, and all outdoor lighting shall
conform to Section 2318 of the Maricopa County Zoning Ordinance.
e. All parking and outdoor storage shall be screened from view from Pinnacle Peak Road
and the surrounding residential properties.
f. Development of the site shall comply with all requirements of the applicable fire
protection agency. The applicant shall provide written evidence of such compliance prior to
zoning clearance.
g. Driveways within County rights-of-way shall be paved with asphalt.
h. Interior circulation and parking areas shall be dust-proofed with a surface of roadway
millings acceptable to the Department of Transportation and the Environmental Services
Department.
i. Building height shall be limited to two stories and 30’.
j. Septic systems must be protected from flood irrigation.
k. New water wells must be at least 50’ from any property line and a minimum of 100’ from
septic systems.
l. This Special Use Permit shall expire 30 years from the date of approval by the Board of
Supervisors (August 23, 2047). Any request to extend the Special Use Permit shall be
submitted prior to such expiration.
m. Major changes to this Special Use Permit shall be processed as a revised application in
the same manner as the original application, with final determination made by the Board of
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Wednesday, August 23, 2017
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Supervisors following recommendation by staff and the Planning and Zoning Commission.
Minor changes may be administratively approved by staff of the Planning and Development
Department.
n. 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 the Maricopa County Zoning Ordinance.
o. Non-compliance with the plan of development (the site plan and narrative report) or the
conditions of approval will be treated as a violation in accordance with provisions of the
Maricopa County Zoning Ordinance.
p. The greenhouses shall be finished in a neutral or muted color or clear appearance that is
conducive to plant growth within the greenhouses.
q. The access easement to the east will not be used by customers or delivery trucks
visiting the subject property. (C-44-18-010-M-00)
Motion to concur with the Planning Commission recommendations for approval by
Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
PZ-6. HDC LATTICE TOWER
Case #: Z2017047
Supervisor District: 2
Applicant/Owner: Taylor Candland / Lewellen Family Trust
Request: Modification of Condition for a Special Use Permit (SUP) for a Wireless
Communication Facility (WCF) – 120’ lattice tower in the IND-2 zoning district
Site Location: Generally located west of Loop 202 and ¼ mile north of Warner Rd. in the
southeast Mesa area
Commission Recommendation: On 7/20/17, the Commission voted 6-0 to recommend
approval of Z2017047 subject to conditions ‘a’ – ‘i’:
a. Development of the site shall comply with the Zoning Exhibit entitled “HDC Tower”,
consisting of Eleven (11) full-size sheets, stamped received May 5, 2017, except as
modified by the following conditions.
b. Development of the site shall be in conformance with the Narrative Report entitled “High
Desert Communications Lattice Tower”, consisting of seven (7) pages, stamped received
May 5, 2017, except as modified by the following conditions.
c. The maximum height of the Wireless Communication Facility shall be limited to 120’ (h)
including attachments.
d. All other applicable conditions of approval to Z2016005 shall remain intact.
e. Future carriers may co-locate on the Wireless Communication Facility if co-location does
not increase overall tower height. Any change to these elements will require an
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Wednesday, August 23, 2017
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amendment to the Special Use Permit.
f. Major changes to this Special Use Permit shall be processed as a revised application in
the same manner as the original application, with final determination made by the Board of
Supervisors following recommendation by staff and the Planning and Zoning Commission.
Minor changes may be administratively approved by staff of the Planning and Development
Department.
g. Non-compliance with the Special Use Permit (the site plan and narrative report) or the
conditions of approval will be treated as a violation in accordance with provisions of the
Maricopa County Zoning Ordinance.
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 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-44-18-011-M-00)
Motion to concur with the Planning Commission recommendations for approval by
Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
PZ-7. AZ01-062 BANJO PHO ATHLOS
Case #: Z2017052
Supervisor District: 1
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Wednesday, August 23, 2017
Page 15 of 64
Applicant/Owner: Michelle Lamoureux / Steven Pratt
Request: Special Use Permit (SUP) for a Wireless Communication Facility (WCF) – 70’ (h)
monopine in the Rural-43 zoning district
Site Location: Generally located approx. 200’ east of Gilbert Rd., 160’ north of Queen
Creek Rd. in the Chandler area
Commission Recommendation: On 7/20/17, the Commission voted 6-0 to recommend
approval of Z2017052 subject to conditions ‘a’ – ‘i’:
a. Development of the site shall comply with the Site Plan entitled “Verizon AZ01-062
Banjo/ PHO Athlos “, consisting of 6 full-size sheets, dated April 4, 2017, and stamped
received May 25, 2017, except as modified by the following conditions.
b. Development of the site shall be in conformance with the Narrative Report entitled “Sun
State Towers – AZ01-62 Meadow Wireless facility”, consisting of 2 pages, dated March 31,
2017, and stamped received May 25, 2017, except as modified by the following conditions.
c. The applicant/property owner shall submit a ‘will serve’ letter for fire protection services
for the project site. A copy of the ‘will serve’ letter shall be required as part of the initial
construction permit submittal.
d. The maximum overall height of the Wireless Communication Facility, tower and all
attachments, shall be limited to 70 - feet.
e. All future antennas, equipment and attachments shall maintain integrity of stealth design
of the monopine. The wireless communication tower shall retain the stealth properties as
originally designed. Any damaged or missing fronds or branches shall be replaced within
60 days of such damage occurring.
f. Any work in the Right of Way will require a permit from the City of Chandler.
g. This Special Use Permit shall expire August 23, 2047, or upon termination of the use for
a period of 90 days or longer, whichever occurs first. All of the site improvements shall be
removed within 60 days of such termination or expiration.
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 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-44-18-012-M-00)
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Wednesday, August 23, 2017
Page 16 of 64
Motion to concur with the Planning Commission recommendations for approval by
Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
PZ-8. GRANITE VISTA C7
Case #: Z2017056
Supervisor District: 4
Applicant/Owner: LVA Urban Design Studio / Sunset-Tartesso LLC
Request: Modification of Conditions to building setback requirements in the R1-6 RUPD
zoning district
Site Location: Southeast corner of Citrus Rd. and Olive Ave. in the Surprise area
Commission Recommendation: On 7/20/17, the Commission voted 6-0 to recommend
approval of Z2017056 subject to conditions ‘a’ – ‘p’:
a. Development of the site shall comply with the Zoning Exhibit entitled “Granite Vista“,
consisting of one (1) full-size sheet, dated June 15, 2017, and stamped received June 16,
2017, except as modified by the following conditions.
b. Development of the site shall be in conformance with the Narrative Report entitled
“Granite Vista Development Parcel C7”, consisting of 11 pages, dated June 15, 2017, and
stamped received June 16, 2017, except as modified by the following conditions.
c. This is a Protected Development Rights Plan pursuant to ARS §11-1201.
d. All interior streets within the proposed development are to be constructed to minimum
County standards.
e. Prior to issuance of any permits for development of the site, the applicant/property owner
shall obtain the necessary encroachment permits from the Maricopa County Department of
Transportation (MCDOT) for landscaping or other improvements in the right-of-way.
f. The following Planning Engineering conditions shall apply:
1. 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 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 polices, standards, and
best practices at the time of application for construction.
3. The applicant shall provide a total half-width of 65 feet for the Olive Avenue right-of-way.
All such dedications shall be in fee and free of all liens and encumbrances. Prior to
acceptance of such dedication, the applicant shall provide the County an owner’s title
insurance policy issued to the County, the MCDOT environmental checklist, and any and
all other requirements as set forth in the “MCDOT Right-of-Way Dedications Reference
Guide”. Until Maricopa County has accepted said dedication, all responsibilities, including
but not limited to maintenance and repair for the property to be dedicated shall be that of
the applicant. Right-of-Way dedication shall occur prior to zoning clearance.
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Wednesday, August 23, 2017
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4. Construct ultimate half-width improvements on adjacent perimeter roadways with
subdivision, unless approved otherwise by MCDOT. Roadways shall meet County
Standards in effect at time of permitting.
5. Roadways reviews of planning and/or zoning cases are 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 current County Design Standard.
g. Prior to any final plat approval, the applicant shall submit to the Maricopa County
Planning and Development a ‘will serve’ letter and approved Certificate of Convenience
and Necessity (CC&N) from EPCOR which demonstrates a willingness and capability to
serve the entire Granite Vista Development Master Plan.
h. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance.
i. Development of the site shall be in compliance with all applicable Maricopa County Air
Quality rules and regulations.
j. Prior to 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 District, Department or Company servicing the site.
k. All habitable buildings constructed within this subdivision shall be constructed to attain a
noise reduction level as per ARS § 28-8482(B).
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 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. Elliott Homes issued a letter dated June 18, 2014 due to extensive public participation
and input from neighborhood groups regarding agreed upon development standards for
Granite Vista. The language has been modified by staff. The applicant shall be required to
submit plans, exhibits and written documentation on the status and compliance with
established development standards as part of planning applications for zoning, preliminary
plats, final plats, and construction permits to determine appropriate stage for these items to
be completed. County staff will verify compliance and perform site inspections for
compliance.
172nd Drive Neighborhood – Development Parcels A1, B3 and C6
1. Developer shall install a 50’ minimum landscape buffer/storm water drainage corridor
along the west side of this neighborhood. On the east and west sides of this
buffer/drainage way, Developer shall plant 24” box trees 20’ on center.
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2. Developer shall install a CMU block wall on both Granite Vista’s north and east property
lines adjacent to the neighborhood that connects to and matches the height of the existing
neighborhood CMU wall. Along this perimeter wall (approximately aligned with end of
172nd Drive), Developer shall install a 4’ wide pedestrian gate and connect this pedestrian
access to the sidewalk on Vista Loop North. The pedestrian gate shall be capable of being
locked by the 172nd Drive Neighborhood and shall be constructed of wrought iron with
composite wooden slats.
3. Developer shall install a landscaped buffer on the south side of this neighborhood within
Granite Vista, with a total minimum width of 50’between the neighborhood’s south property
line and the closest homes in Granite Vista. Within these landscape buffers, Developer
shall install two rows of 24” box trees 20’ on center.
4. Developer shall extend a water line from Vista Loop North to the southern end of the
172nd Drive Neighborhood. At the end of this water line, Developer also agrees to install a
fire hydrant for the neighborhood.
5. Developer shall dedicate a Public Utility Easement (“PUE”) from Vista Loop North to the
neighborhood’s property line for the water line/fire hydrant and for potential future use by
communication utilities.
6. These perimeter walls, landscaping, water line/hydrant and PUE shall be installed in the
buffer zones with the adjacent phase of development. Water line and fire hydrant will be
installed at same time as wet utilities are installed in the adjacent phase of development.
The fence at the north side of the development adjacent to this neighborhood shall be
installed within 60 days of grading completion but no sooner than the completion of utility
installation, subject to force majeure events.
7. The first row of lots to the south and west of this neighborhood shall be a minimum of
10,000 square feet in size and only single level homes may be built on these lots. A
footnote to this effect shall be provided on the RUPD chart of subdivision plats.
Crystal Springs Neighborhood – Development Parcels C2 and C3
8. Developer shall install a perimeter CMU block wall 6’ in height above the current surface
elevation at the center line of Butler Avenue, which shall be constructed approximately 35’
north of the center line of Butler Avenue adjacent to the Crystal Springs Neighborhood. A
row of 24” box trees planted at 20’ intervals shall be installed on the south side of this
perimeter wall.
9. Developer shall also install a minimum landscape buffer of 50’ on the north side of the
perimeter wall north of Butler Avenue. Another row of 24” box trees at 20’ intervals shall be
planted in this buffer area north of the perimeter wall.
10. Pedestrian access through the perimeter wall shall be provided at the location
designated in Exhibit B for Crystal Springs Estates to access the sidewalk/trail system
within Granite Vista for access to the future school site. This access way shall remain
closed off with a wrought iron fence until the school is built.
11. The existing MWD irrigation supply ditch along Citrus shall be piped underground. The
existing private irrigation facilities along the north side of the Butler Avenue are to remain in
place.
12. The Citrus Road and Butler Avenue perimeter wall, landscaping, undergrounding of
MWD supply ditch and pedestrian access shall be installed in the buffer zones with the
adjacent phase of the Granite Vista development. The perimeter wall will be installed within
60 days of completion of grading, subject to force majeure events. The MWD supply ditch
installation will follow completion of utility installation. The pedestrian access and
landscape installation shall follow curb and pavement installation.
13. The first row of lots north of Butler Avenue in Granite Vista shall be a minimum 10,000
square feet in size and only single level homes may be built on these lots. A footnote to this
effect shall be provided on the RUPD chart of subdivision plats.
Northern-177 LLC’s Undeveloped Land – Development Parcels B4, B5, C3 and C4
14. The first two rows of lots east of Northern-177 LLC’s land shall be a minimum of 12,000
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square feet in size with a minimum width of 90 feet and only single level homes may be
built in these first two rows of lots. A footnote to this effect shall be provided on the RUPD
chart of subdivision plats.
15. The first row of lots north of the Northern-177th LLC property shall be a minimum
10,000 square feet with a minimum width of 83 feet and only single level homes may be
built on this first row of lots. A footnote to this effect shall be provided on the RUPD chart of
subdivision plats.
16. Developer shall install an 8’ perimeter CMU block wall along the west side of
Developer’s property adjacent to Northern-177 LLC’s land.
17. A perimeter CMU block wall 8’ in height shall also be installed along a line that forms
the north and east lot lines for the future northern most lot on the Northern-177th LLC
property and an open view fence shall be installed along the west side of this same lot to
connect to the perimeter wall on Butler Avenue. A row of 24” box trees planted at 20 foot
intervals shall be installed on the north and east sides of this wall at the same time.
18. The perimeter walls shall be installed in the buffer zones with the adjacent phase of
development within 60 days of completion of grading, subject to force majeure events.
19. There shall be a landscape buffer a minimum of 50’ between the north boundary of the
Northern-177 property and the nearest lot in the adjacent phase of development.
20. If agreeable to Northern-177 LLC’s developer, Elliott Homes will connect the out fall of
the existing channel along Northern Avenue at the east side of 177th Ave across the
frontage of the Northern-177 LLC’s property to the proposed channel on the Northern
Avenue frontage of Granite Vista. County approval for the alignment of the channel across
Northern-177 LLC’s property will be the responsibility of Northern-177 LLC.
175th Avenue Neighborhood – Development Parcels C-5 and C-6
21. Developer shall install a minimum 20’ wide landscaped buffer adjacent to the south
side of the 175th Avenue Neighborhood with 24” box trees planted 20’ on center within this
buffer.
22. This landscaped buffer shall be installed in the buffer zones with the adjacent phase of
development and prior to the County’s final inspection of the first home in that phase.
23. The minimum setback from the closest lots in Granite Vista to the 175th Avenue
Neighborhood shall be 50’. A footnote to this effect shall be provided on the RUPD chart of
subdivision plats.
Clearwater Farms Neighborhood – Development Parcels A4 and B5
24. There shall be no street/vehicular access from Granite Vista onto Northern Avenue.
25. The minimum depth of the open space buffer on the north side of Northern Avenue
within Granite Vista shall be 170’. Within this buffer area, Developer shall install a berm
and two rows of 24’ box trees planted 20’ on center or in equivalent groupings with Phase I
of the project.
26. The perimeter CMU block wall along the project’s Northern Avenue frontage shall be
installed at the minimum setback line of 170’ with the adjacent phase of development and
prior to the County’s final inspection of the first home in that phase.
27. For the first 125’ north of the open space buffer noted above, the minimum size of the
lots shall be 10,000 square feet and the homes on those lots shall be limited to single story.
A footnote to this effect shall be provided on the RUPD chart of subdivision plats.
28. A 6’ wide decomposed granite path shall be installed along the project’s Northern
Avenue frontage within the dedicated right-of-way with the first phase of development.
29. The drainage channel being constructed by Developer along the Northern Avenue
frontage of the project shall be constructed north of the aforementioned berm with the first
phase of development.
General
30. Notice shall be provided in the required Public Report given to all new home buyers by
home builders within Granite Vista as to of the existing use characteristics of the rural
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residential neighborhoods adjoining and/or in close proximity to the Granite Vista property.
Such rural use characteristics include crop cultivation and the raising of farm animals.
31. Notice shall also be provided in the required Public Report given to all new home
buyers by home builders within Granite Vista of the pre-existing use characteristics of Luke
Air Force Base, which is located approximately 2.4 miles southeast of the subject Property.
32. Architectural designs of homes in Granite Vista shall include 2-3 elevations per plan
and exteriors will be professionally colorized with varying themes. The same house plan
and elevation shall not be used next to or across the street from one another. There shall
be a mix of one and two story homes, except for lots in identified buffer zones that shall be
one story only. This condition shall be included in recorded CC&R’s and enforce by the
HOA.
33. A minimum landscape buffer of 25 feet shall be installed along the Project’s Olive
Avenue frontage with the adjacent phase of development. The project’s perimeter CMU
wall along Olive Avenue shall be a minimum of 6’.
34. A minimum landscape buffer of 25’ between back of curb to perimeter fence shall be
installed along the Citrus Road frontage. The project’s perimeter CMU wall along Citrus
Avenue shall be a minimum of 7’ in height.
35. A minimum landscaped setback of 20’ (with an overall average of 30’) shall be installed
along the Cotton Lane frontage of the Project.
36. The perimeter walls along Citrus, Olive, Cotton and Northern Avenues shall be installed
by Developer with the adjacent phase within 60 days of grading completion.
37. Street lights internal to Granite Vista will be installed only at T type street intersections.
38. Roof overhangs on the sides of all houses shall not exceed 1 foot from the exterior
walls of the house. This restriction shall not apply to the roof overhands on the front
elevation of the houses, including architectural façade elements that may extend onto a
portion of the side of the house for aesthetics. A footnote to this effect shall be provided on
the RUPD chart of subdivision plats.
39. A 6’ tall perimeter fence or theme wall shall be the minimum height within the Granite
Vista project unless they are located in a special buffer zone discussed above. (C-44-18-
013-M-00)
Motion to concur with the Planning Commission recommendations for approval by
Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
PZ-9. GRANITE VISTA
Case #: Z2017057
Supervisor District: 4
Applicant/Owner: LVA Urban Design Studio / Sunset-Tartesso LLC
Request: Modification of Conditions to building setback requirements in the R1-6 RUPD,
R1-7 RUPD, R1-8 RUPD, and R1-10 RUPD zoning districts – Granite Vista
Site Location: Generally located at the northwest corner of Cotton Lane and Northern
Avenue in the Surprise/Glendale area
Commission Recommendation: On 7/20/17, the Commission voted 6-0 to recommend
approval of Z2017057 subject to conditions ‘a’ – ‘t’:
a. Development of the site shall comply with the Zoning Exhibit entitled “Granite Vista“,
consisting of one (1) full-size sheet, dated June 15, 2017, and stamped received June 16,
2017, except as modified by the following conditions.
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b. Development of the site shall be in conformance with the Narrative Report entitled
“Granite Vista Master Planned Community, Zone Change, Planned Area Development and
Residential Unit Plan of Development & Plan of Development”, consisting of 24 pages,
dated June 15, 2017, and stamped received June 16, 2017, except as modified by the
following conditions.
c. This is a Protected Development Rights Plan pursuant to ARS §11-1201.
d. The following Maricopa County Department of Transportation (MCDOT) conditions shall
apply:
1. The applicant shall provide a total half-width of right-of-way for the following roadway:
Cotton Lane 65 feet
Northern Avenue 65 feet
Citrus Road 65 feet
Olive Avenue 65 feet
All such dedications shall be in fee and free of all liens and encumbrances. Prior to
acceptance of such dedication, the applicant shall provide the County an owner’s title
insurance policy issued to the County, the MCDOT environmental checklist and any and all
other requirements as set forth in the “MCDOT Right-of-Way Dedications Reference
Guide”. Until Maricopa County has accepted said dedication, all responsibilities, including
but not limited to maintenance and repair for the property to be dedicated shall be that of
the applicant.
Right-of-Way dedication shall occur prior to zoning clearance.
2. Construct ultimate half-width improvements on adjacent perimeter roadways with
subdivision, unless approved otherwise by MCDOT. Roadways shall meet County
Standards in effect at time of permitting.
3. Roadway reviews of planning and/or zoning cases are 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 current County Design Standard.
e. All interior streets within the proposed development are to be constructed to minimum
County standards.
f. Prior to issuance of any permits for development of the site, the applicant/property owner
shall obtain the necessary encroachment permits from the Maricopa County Department of
Transportation (MCDOT) for landscaping or other improvements in the right-of-way.
g. All transformers, back-flow prevention devices, utility boxes and all other utility related
ground mounted equipment shall be painted to complement the development and shall be
screened with landscape material where possible.
h. The following Drainage Review conditions shall apply:
1. 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 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.
3. Based on the conceptual design nature of the preliminary plat plans submitted, changes
to the site layout and/or a reduction in the number of building lots may be necessitated by
the final engineering design of the subdivision infrastructure.
i. The following Flood Control District conditions shall apply:
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Wednesday, August 23, 2017
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1. Prior to any development and approval of a building permit for any parcel located within
the floodplain, a Floodplain Use Permit must be obtained.
2. A Letter of Map Revision justifying the removal of the Cotton Lane Zone A floodplain has
been submitted to and approved by the Flood Control District (FCP2014024). We have the
following stipulations that until a Letter of Map Revision is approved by the Federal
Emergency Management Agency removing the existing floodplain from the site.
3. The effective floodplain boundary will need to be shown on the Preliminary and Final
Plats.
4. Any lots within the Special Flood Hazard Area will need to be listed on the Final Plat with
a note that until a Letter of Map Revision is approved by the Federal Emergency
Management Agency, flood insurance may be required to be purchased as part of any
federally backed loan.
5. All buildings within the Special Flood Hazard Area will be required to be built to the
Regulatory Flood Elevation.
j. Prior to any final plat approval, the applicant shall submit to the Maricopa County
Planning and Development a ‘will serve’ letter and approved Certificate of Convenience
and Necessity (CC&N) from EPCOR which demonstrates a willingness and capability to
serve the entire Granite Vista Development Master Plan.
k. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance.
l. Development of the site shall be in compliance with all applicable Maricopa County Air
Quality rules and regulations.
m. The following State Historic Preservation Office condition shall apply:
1. A survey was conducted in 2005 for the majority of the property with a finding of no
significant materials identified. An archeological survey shall be submitted to and approved
by the Arizona State Historic Preservation Office prior to issuance of a grading permit for
the remaining 25 acres at the northwestern region of the site which has not been surveyed.
The applicant must contact the State office prior to initiating disturbance of the site. The
applicant shall provide the Planning and Development Department with written proof of
compliance with this stipulation.
n. Prior to 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 District, Department or Company servicing the site.
o. All habitable buildings constructed within this subdivision shall be constructed to attain a
noise reduction level as per ARS § 28-8482(B).
p. 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.
q. 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).
r. 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 Zone Change
as set forth in the Maricopa County Zoning Ordinance.
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s. 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.
t. Elliott Homes issued a letter dated June 18, 2014 due to extensive public participation
and input from neighborhood groups regarding agreed upon development standards for
Granite Vista. The language has been modified by staff. The applicant shall be required to
submit plans, exhibits and written documentation on the status and compliance with
established development standards as part of planning applications for zoning, preliminary
plats, final plats, and construction permits to determine appropriate stage for these items to
be completed. County staff will verify compliance and perform site inspections for
compliance.
172nd Drive Neighborhood – Development Parcels A1, B3 and C6
1. Developer shall install a 50’ minimum landscape buffer/storm water drainage corridor
along the west side of this neighborhood. On the east and west sides of this
buffer/drainage way, Developer shall plant 24” box trees 20’ on center.
2. Developer shall install a CMU block wall on both Granite Vista’s north and east property
lines adjacent to the neighborhood that connects to and matches the height of the existing
neighborhood CMU wall. Along this perimeter wall (approximately aligned with end of
172nd Drive), Developer shall install a 4’ wide pedestrian gate and connect this pedestrian
access to the sidewalk on Vista Loop North. The pedestrian gate shall be capable of being
locked by the 172nd Drive Neighborhood and shall be constructed of wrought iron with
composite wooden slats.
3. Developer shall install a landscaped buffer on the south side of this neighborhood within
Granite Vista, with a total minimum width of 50’between the neighborhood’s south property
line and the closest homes in Granite Vista. Within these landscape buffers, Developer
shall install two rows of 24” box trees 20’ on center.
4. Developer shall extend a water line from Vista Loop North to the southern end of the
172nd Drive Neighborhood. At the end of this water line, Developer also agrees to install a
fire hydrant for the neighborhood.
5. Developer shall dedicate a Public Utility Easement (“PUE”) from Vista Loop North to the
neighborhood’s property line for the water line/fire hydrant and for potential future use by
communication utilities.
6. These perimeter walls, landscaping, water line/hydrant and PUE shall be installed in the
buffer zones with the adjacent phase of development. Water line and fire hydrant will be
installed at same time as wet utilities are installed in the adjacent phase of development.
The fence at the north side of the development adjacent to this neighborhood shall be
installed within 60 days of grading completion but no sooner than the completion of utility
installation, subject to force majeure events.
7. The first row of lots to the south and west of this neighborhood shall be a minimum of
10,000 square feet in size and only single level homes may be built on these lots. A
footnote to this effect shall be provided on the RUPD chart of subdivision plats.
Crystal Springs Neighborhood – Development Parcels C2 and C3
8. Developer shall install a perimeter CMU block wall 6’ in height above the current surface
elevation at the center line of Butler Avenue, which shall be constructed approximately 35’
north of the center line of Butler Avenue adjacent to the Crystal Springs Neighborhood. A
row of 24” box trees planted at 20’ intervals shall be installed on the south side of this
perimeter wall.
9. Developer shall also install a minimum landscape buffer of 50’ on the north side of the
perimeter wall north of Butler Avenue. Another row of 24” box trees at 20’ intervals shall be
planted in this buffer area north of the perimeter wall.
10. Pedestrian access through the perimeter wall shall be provided at the location
designated in Exhibit B for Crystal Springs Estates to access the sidewalk/trail system
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within Granite Vista for access to the future school site. This access way shall remain
closed off with a wrought iron fence until the school is built.
11. The existing MWD irrigation supply ditch along Citrus shall be piped underground. The
existing private irrigation facilities along the north side of the Butler Avenue are to remain in
place.
12. The Citrus Road and Butler Avenue perimeter wall, landscaping, undergrounding of
MWD supply ditch and pedestrian access shall be installed in the buffer zones with the
adjacent phase of the Granite Vista development. The perimeter wall will be installed within
60 days of completion of grading, subject to force majeure events. The MWD supply ditch
installation will follow completion of utility installation. The pedestrian access and
landscape installation shall follow curb and pavement installation.
13. The first row of lots north of Butler Avenue in Granite Vista shall be a minimum 10,000
square feet in size and only single level homes may be built on these lots. A footnote to this
effect shall be provided on the RUPD chart of subdivision plats.
Northern-177 LLC’s Undeveloped Land – Development Parcels B4, B5, C3 and C4
14. The first two rows of lots east of Northern-177 LLC’s land shall be a minimum of 12,000
square feet in size with a minimum width of 90 feet and only single level homes may be
built in these first two rows of lots. A footnote to this effect shall be provided on the RUPD
chart of subdivision plats.
15. The first row of lots north of the Northern-177th LLC property shall be a minimum
10,000 square feet with a minimum width of 83 feet and only single level homes may be
built on this first row of lots. A footnote to this effect shall be provided on the RUPD chart of
subdivision plats.
16. Developer shall install an 8’ perimeter CMU block wall along the west side of
Developer’s property adjacent to Northern-177 LLC’s land.
17. A perimeter CMU block wall 8’ in height shall also be installed along a line that forms
the north and east lot lines for the future northern most lot on the Northern-177th LLC
property and an open view fence shall be installed along the west side of this same lot to
connect to the perimeter wall on Butler Avenue. A row of 24” box trees planted at 20 foot
intervals shall be installed on the north and east sides of this wall at the same time.
18. The perimeter walls shall be installed in the buffer zones with the adjacent phase of
development within 60 days of completion of grading, subject to force majeure events.
19. There shall be a landscape buffer a minimum of 50’ between the north boundary of the
Northern-177 property and the nearest lot in the adjacent phase of development.
20. If agreeable to Northern-177 LLC’s developer, Elliott Homes will connect the out fall of
the existing channel along Northern Avenue at the east side of 177th Ave across the
frontage of the Northern-177 LLC’s property to the proposed channel on the Northern
Avenue frontage of Granite Vista. County approval for the alignment of the channel across
Northern-177 LLC’s property will be the responsibility of Northern-177 LLC.
175th Avenue Neighborhood – Development Parcels C-5 and C-6
21. Developer shall install a minimum 20’ wide landscaped buffer adjacent to the south
side of the 175th Avenue Neighborhood with 24” box trees planted 20’ on center within this
buffer.
22. This landscaped buffer shall be installed in the buffer zones with the adjacent phase of
development and prior to the County’s final inspection of the first home in that phase.
23. The minimum setback from the closest lots in Granite Vista to the 175th Avenue
Neighborhood shall be 50’. A footnote to this effect shall be provided on the RUPD chart of
subdivision plats.
Clearwater Farms Neighborhood – Development Parcels A4 and B5
24. There shall be no street/vehicular access from Granite Vista onto Northern Avenue.
25. The minimum depth of the open space buffer on the north side of Northern Avenue
within Granite Vista shall be 170’. Within this buffer area, Developer shall install a berm
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and two rows of 24’ box trees planted 20’ on center or in equivalent groupings with Phase I
of the project.
26. The perimeter CMU block wall along the project’s Northern Avenue frontage shall be
installed at the minimum setback line of 170’ with the adjacent phase of development and
prior to the County’s final inspection of the first home in that phase.
27. For the first 125’ north of the open space buffer noted above, the minimum size of the
lots shall be 10,000 square feet and the homes on those lots shall be limited to single story.
A footnote to this effect shall be provided on the RUPD chart of subdivision plats.
28. A 6’ wide decomposed granite path shall be installed along the project’s Northern
Avenue frontage within the dedicated right-of-way with the first phase of development.
29. The drainage channel being constructed by Developer along the Northern Avenue
frontage of the project shall be constructed north of the aforementioned berm with the first
phase of development.
General
30. Notice shall be provided in the required Public Report given to all new home buyers by
home builders within Granite Vista as to of the existing use characteristics of the rural
residential neighborhoods adjoining and/or in close proximity to the Granite Vista property.
Such rural use characteristics include crop cultivation and the raising of farm animals.
31. Notice shall also be provided in the required Public Report given to all new home
buyers by home builders within Granite Vista of the pre-existing use characteristics of Luke
Air Force Base, which is located approximately 2.4 miles southeast of the subject Property.
32. Architectural designs of homes in Granite Vista shall include 2-3 elevations per plan
and exteriors will be professionally colorized with varying themes. The same house plan
and elevation shall not be used next to or across the street from one another. There shall
be a mix of one and two story homes, except for lots in identified buffer zones that shall be
one story only. This condition shall be included in recorded CC&R’s and enforce by the
HOA.
33. A minimum landscape buffer of 25 feet shall be installed along the Project’s Olive
Avenue frontage with the adjacent phase of development. The project’s perimeter CMU
wall along Olive Avenue shall be a minimum of 6’.
34. A minimum landscape buffer of 25’ between back of curb to perimeter fence shall be
installed along the Citrus Road frontage. The project’s perimeter CMU wall along Citrus
Avenue shall be a minimum of 7’ in height.
35. A minimum landscaped setback of 20’ (with an overall average of 30’) shall be installed
along the Cotton Lane frontage of the Project.
36. The perimeter walls along Citrus, Olive, Cotton and Northern Avenues shall be installed
by Developer with the adjacent phase within 60 days of grading completion.
37. Street lights internal to Granite Vista will be installed only at T type street intersections.
38. Roof overhangs on the sides of all houses shall not exceed 1 foot from the exterior
walls of the house. This restriction shall not apply to the roof overhands on the front
elevation of the houses, including architectural façade elements that may extend onto a
portion of the side of the house for aesthetics. A footnote to this effect shall be provided on
the RUPD chart of subdivision plats.
39. A 6’ tall perimeter fence or theme wall shall be the minimum height within the Granite
Vista project unless they are located in a special buffer zone discussed above. (C-44-18-
014-M-00)
Motion to concur with the Planning Commission recommendations for approval by
Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
PZ-10. TRILOGY AT VERDE RIVER UNIT 8A
Case #: S2016020
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Supervisor District: 2
Applicant/Owner: HilgartWilson, LLC / Tegavah Construction, LP
Request: Final Plat for Trilogy at Vista Verde Unit 8A consisting of 89 lots and 7 tracts in
the R1-6 Residential Unit Plan of Development (RUPD) Planned Area of Development
(PAD) Zoning District.
Site Location: Generally located approximately 950’ northwest of the northwest corner of
Verde River Way East and Rio Verde Drive.
Staff Recommendation: Approval (C-44-18-015-M-00)
Motion to concur with Planning Staff recommendations for approval by Supervisor
Chucri, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
PZ-11. VISTA VERDE RIVER UNIT 1 NEIGHBORHOODS 2 AND 3
Case #: S2017020
Supervisor District: 2
Applicant/Owner: HilgartWilson, LLC / Vista Verde 2013, LLC
Request: Replat for Vista Verde River Unit 1 Neighborhoods 2 and 3 drainage easements
over lots 1, 14, 33, 35-37, 96, 99, 100, 102, 126, 143, 145, 146, and 148 in the R1-10
single-family residential zoning district.
Site Location: Generally located approximately 2,900’ northeast of the northeast corner of
172nd Street and Rio Verde Drive.
Staff Recommendation: Approval (C-44-18-016-M-00)
Motion to concur with Planning Staff recommendations for approval by Supervisor
Chucri, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
PZ-12. MARBELLA RANCH PARCEL 1
Case #: S2017008
Supervisor District: 4
Applicant/Owner: EPS Group Inc./ Marbella Ranch, LP
Request: Final Plat containing 170 residential lots and 11 tracts in the R-5 RUPD zoning
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district
Site Location: Northwest corner of Glendale Avenue and El Mirage Road in the Glendale
area
Staff Recommendation: Approval (C-44-18-004-M-00)
Motion to concur with Planning Staff recommendations for approval by Supervisor
Chucri, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
PZ-13. MARBELLA RANCH PARCEL 2 – PHASE 1
Case #: S2017004
Supervisor District: 4
Applicant/Owner: EPS Group Inc./ Marbella Ranch, LP
Request: Final Plat containing 180 residential lots and 12 tracts in the R-5 RUPD zoning
district
Site Location: Northeast corner of Glendale Avenue and 127th Avenue alignment in the
Glendale area
Staff Recommendation: Approval (C-44-18-005-M-00)
Chairman Barney thanked Darren Gerard and his staff for all their hard work.
Motion to concur with Planning Staff recommendations for approval by Supervisor
Chucri, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
STATUTORY HEARINGS - AUDIENCIAS LEGALES
Clerk of the Board - Secretaria de la Junta
10. LIQUOR LICENSE APPLICATIONS - APLICACIONES DE LICENCIA DE LICOR
This is the time scheduled for a public hearing on the applications for liquor licenses. At
this hearing, the Board of Supervisors will determine the recommendation to the State
Liquor Board as to whether the State Liquor Board should grant or deny the license.
a. SPECIAL EVENT LICENSE FOR ADELANTE FOUNDATION
Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application
filed by Nadine Mathis Basha for Adelante Foundation at 22402 South Basha
Road, Chandler, Arizona 85248 to be held on Sunday, October 22, 2017 from
12:00 pm to 3:00 pm. (Supervisorial District 1) (C-06-18-052-L-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
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b. SPECIAL EVENT LICENSE FOR EAST VALLEY COMPOSITE MOUNTAIN BIKE
TEAM
Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application
filed by Trevor George Turcott for East Valley Composite Mountain Bike Team at
Usery Mountain Regional Park at 3939 North Usery Pass Road, Mesa, Arizona
85207 to be held on Saturday, November 4, 2017 from 10:00 am to 10:00 pm.
(Supervisorial District 2) (C-06-18-053-L-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
11. PETITIONS HEARING FOR THE FORMATION OF THE PROPOSED HOFFMANTOWN I
& II IRRIGATION WATER DELIVERY DISTRICT
Pursuant to A.R.S. § 48-3423 and § 48-3424, convene the scheduled public hearing
regarding the petitions filed for the formation of the proposed Hoffmantown I & II Irrigation
Water Delivery District as they have been determined to be signed by a majority of the
owners of the acreage within the proposed district.
Pursuant to A.R.S. § 48-3424, any land owner within the boundaries of the proposed
district may appear and object to the organization thereof, or to the inclusion of the land
owners' property therein. The Board will hear and consider all comments in favor or against
the organization of the district and decide whether to approve or reject the organization of
the district within the boundaries proposed in the petition or with modified boundaries.
If the Board decides to proceed with the organization of the district, the Clerk is directed to
publish a notice and post copies of the notice describing the boundaries of the proposed
district and fix a date of September 12, 2017, in which written protest against the
organization may be filed by owners of a majority of the acreage within the district. If no
protest is filed or if one is filed and found to be insufficient, an order establishing the district
shall be entered and will include the appointment of the following three trustees of the
district as set forth in the petition:
Joe Caslake
Debi Huss
Susan Grace
Hoffmantown a Subdivision of the Southeast Quarter of the Southwest Quarter of Section
7, 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 49 of Maps, Page 22.
TOGETHER WITH
Hoffmantown Two a Subdivision of the Southwest Quarter of the Southwest Quarter of
Section 7, 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 49 of Maps, Page 47, Except Tract ‘A’ thereof. The district
consists of 52.240 acres located in Supervisorial District 3. (C-06-18-030-M-00)
The Clerk announced that Susan Grace and Joe Caslake were present in favor of the
item and indicated they would speak if there were questions.
Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo
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Ayes: Barney, Chucri, Gates, Hickman, Gallardo
Transportation – Transportación
12. ROAD FILE DECLARATIONS - DECLARACIONES DE CARRETERA
Approve, by resolution, petitions to open and declare the following roads into the county
highway system. This action will serve as notice of the Board of Supervisors’ acceptance
of all U.S. Patent easements, reservations, rights-of-way or properties along the
alignments into the Maricopa County highway system and will also authorize the
maintenance and acquisition of the necessary rights-of-way through donation, purchase, or
condemnation.
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
a. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0049
Convene a hearing for Road File No. PAB-0049 to consider the request to abandon
a portion of a Federal Patent Easement Number PAB-0049 lying in the Southwest
quarter of Section 9 – T4N, R1E of the Gila and Salt River Meridian, Maricopa
County, Arizona General vicinity of North 99th Avenue and West Pinnacle Peak
Road, and known as Assessor Parcel 201-16-017D. Notice conditions and the
request for comment requirements have been met.
Therefore, pursuant to provisions in A.R.S. §11-251.16, Maricopa County
Ordinance No. P-34 and Maricopa County Department of Transportation Procedure
# P5203, it is recommended by the Department of Transportation Director, that the
Board of Supervisors resolves to abandon a portion of a Federal Patent Easement,
Road File No. PAB-0049. Legal description of the easement to be abandoned is
identified as Exhibit "A.” In addition, direct the Clerk of the Board to record the
Board of Supervisors resolution with the County Recorder. Supervisory District No.
4 (C-64-17-134-M-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
b. PATENT EASEMENT ABANDONENT: ROAD FILE NO. PAB-0052
Convene a hearing for Road File No. PAB-0052 to consider the request to
abandon a portion of a Federal Patent Easement Number PAB-0052 lying in the
Northwest, quarter of Section 29 – T6N, R3E of the Gila and Salt River Meridian,
Maricopa County, Arizona General vicinity of North 7th Avenue and West Tanya
Road, and known as Assessor Parcel 211-23-015. Notice conditions and the
request for comment requirements have been met.
Therefore, pursuant to provisions in A.R.S. §11-251.16, Maricopa County
Ordinance No. P-34 and Maricopa County Department of Transportation
Procedure # P5203, it is recommended by the Department of Transportation
Director, that the Board of Supervisors resolves to abandon a portion of a Federal
Patent Easement, Road File No. PAB-0052. Legal description of the easement to
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be abandoned is identified as Exhibit "A.” In addition, direct the Clerk of the Board
to record the Board of Supervisors resolution with the County Recorder.
Supervisory District No. 3 (C-64-17-133-M-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
c. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0056
Convene a hearing for Road File No. PAB-0056 to consider the request to
abandon a portion of a Federal Patent Easement Number PAB-0056 lying in the
Southwest quarter of Section 15 – T5, R4E of the Gila and Salt River Meridian,
Maricopa County, Arizona General vicinity of North 65th Street and East Calle De
Las Estrellas, Assessor Parcel 216-50-016B. Notice conditions and the request for
comment requirements have been met.
Therefore, pursuant to provisions in A.R.S. §11-251.16, Maricopa County
Ordinance No. P-34 and Maricopa County Department of Transportation
Procedure # P5203, it is recommended by the Department of Transportation
Director, that the Board of Supervisors resolves to abandon a portion of a Federal
Patent Easement, Road File No. PAB-0056. Legal description of the easement to
be abandoned is identified as Exhibit "A.” In addition, direct the Clerk of the Board
to record the Board of Supervisors resolution with the County Recorder.
Supervisory District No. 2 (C-64-17-132-M-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
AGENCY ITEMS AND STATUTORY MATTERS
ARTÍCULOS DE AGENCIA Y ASUNTOS REGLAMENTARIOS
COUNTY OFFICERS - OFICIALES DE CONDADO
County Attorney - Procurador del Condado
13. ADDITIONAL GRANT FUNDING FROM THE ARIZONA AUTO THEFT AUTHORITY AND
BUDGET ADJUSTMENT
Approve the acceptance of additional grant funds from Arizona Auto Theft Authority, in the
amount of $864.88 in state grant funds. Funds are to support the partial cost of travel and
training for two employees to attend training related to the funded grant project.
Also approve the following budget adjustments:
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a) Increase the revenue and expenditure authority for the County Attorney (D190) County
Attorney Grants Fund (219) Operating (1000) by an amount not to exceed $865.00.
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. The
approval of this action does not alter the budget constraining the expenditures of local
revenues duly adopted by the Board pursuant to A.R.S. §42-17105.
In accordance with paragraph 1, page 2, of the agreement, the grant allows a 0% rate for
indirect costs or $0 that may be incurred by the County Attorney's Office for the
administration of this grant. The County Attorney's Office has an indirect cost rate of16.8%
for FY18, the recoverable indirect cost of administering these additional grant funds is $0;
the non-recoverable indirect cost for the additional funds is $145.30. (C-19-17-054-G-01)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
14. AGREEMENT WITH US DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT
ADMINISTRATION FOR THE DEA TASK FORCE
Approve the State and Local HIDTA Task Force Agreement between the Drug
Enforcement Administration and Maricopa County Attorney’s Office. The term of this
agreement is October 1, 2017 through September 30, 2018. Authorize the Chairman of the
Board of Supervisors, or designee, to sign all documents related to this agreement. (C-19-
18-008-M-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
15. OFFICIAL APPOINTMENTS AND OATHS OF OFFICE - COUNTY ATTORNEY
Pursuant to A.R.S. § 11-409, approve the official appointment of the following deputies and
assistants of the Maricopa County Attorney. Authorize the Clerk of the Board of
Supervisors to certify the Official Appointment and Oaths of Office in accordance with A. R.
S. § 38-231.
May 22, 2017
Adam Burriel – Investigative Aide
Daniel Peckham – Detective
June 5, 2017
Lourdes Delatorre – Legal Support Clerk
Theresa Henry Sainz – Office Assistant Specialized
June 19, 2017
Sara Brotherston - Paralegal
Valeria Diaz - Legal Support Clerk
Sarah Heckathorne – Attorney
Tricia Palacios - Legal Support Clerk
Morgan Taylor – Paralegal
Seth Turken – Attorney
July 3, 2017
Ryan Bowman - Advocate
Maribel Cordova - HRIS Associate
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Christina Laing – Legal Support Clerk
Siriruk Yeager – Accounting Specialist
July 17, 2017
Lauren Steel Blumenfeld – Victim Advocate
Sheila Jeppesen - Legal Support Assistant
Karyn Manning – Advocate
Debra Weirman – Advocate
Joanna Zigler – Advocate
July 31, 2017
Luis Figueroa - Technology Support Analyst
Barbara Naya-Scarletto – Business Systems Analyst
The County Attorney is an Officer of the County, as enumerated in A.R.S. § 11-401, and
pursuant to A.R.S. § 11-409, such an enumerated County Officer may appoint deputies
and assistants with the consent of the Board of Supervisors. (C-19-18-006-M-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
16. FEDERAL EQUITABLE SHARING AGREEMENT
Approve the FY 2017-18 Federal Equitable Sharing Agreement and FY 2017 Annual
Certification Report between the Maricopa County Attorney's Office (agency) and the U. S.
Department of the Treasury and the U. S. Department of Justice. This report accounts for
federal equitable sharing funds received from the U. S. Department of the Treasury or the
U. S. Department of Justice. The term of this agreement commences October 1, 2017 and
expires September 30, 2018. Authorize the Chairman of the Board of Supervisors to sign
all documents related to this certification report and agreement.
Federal Sharing Agreements are entered into between the Federal Government, the
Maricopa County Attorney’s Office and the Maricopa County Board of Supervisors. It sets
forth the requirements for participation in the federal equitable sharing program and the
restrictions upon the use of federally forfeited cash, property, proceeds and any interest
earned thereon, which are equitably shared with participating agencies. (More commonly
known as RICO funds). The Federal Annual Certification reports revenue and expenditures
through June 30, 2017. (C-19-18-007-M-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
Sheriff - Alguacil
17. IGA WITH CITY OF AVONDALE FOR DETENTION ACADEMY TRAINING
Approve an Intergovernmental Agreement between the City of Avondale and Maricopa
County through the Sheriff's Office, in the not-to-exceed amount of $150 per participant.
The purpose of this Intergovernmental Agreement is to allow City of Avondale detention
recruits to attend Sheriff’s Detention Training Academies. This Intergovernmental
Agreement is effective from August 1, 2017 until June 30, 2020.
The Sheriff's Office conducts several detention academies throughout the year. The cost is
for supplies. (C-50-18-010-3-00)
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Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
JUDICIAL BRANCH - PODER JUDICIAL
Superior Court - Tribunal Superior
18. APPOINT SUPERIOR COURT COMMISSIONER AS SUPERIOR COURT JUDGE PRO
TEMPORE
Approve the appointment of Court Commissioner Melissa M. Zabor as a Superior Court
Judge Pro Tempore in accordance with Arizona Revised Statutes § 12-141. The
appointment will be for the period commencing October 2, 2017 through June 30, 2018.
In order to obtain greater flexibility in the use of Court Commissioners, the Superior Court
customarily has all Court Commissioners appointed as Superior Court Judges Pro
Tempore so they may, on occasion, hear contested matters. This serves the interest of
judicial economy and promotes sound case flow management. Court Commissioner
Melissa M. Zabor would serve as a Superior Court Judge Pro Tempore without any
additional compensation other than that to which she is entitled as a Court Commissioner.
(C-80-18-001-2-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
COUNTY MANAGEMENT - ADMINISTRADORES DEL CONDADO
Assistant County Manager - Sub Directora de Condado - MaryEllen Sheppard
19. AMENDMENT TO IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR
HIV CARE SERVICES
Approve Amendment No. 1 to an Intergovernmental Agreement between Arizona
Department of Health Services (Solar amendment 2) and Maricopa County through the
Assistant County Manager – MaryEllen Sheppard. The purpose of this amendment is to
modify the contract number from ADHS17-155496 to ADHS18-172583 due to a vendor
profile change (includes change of address and method of payment from check to
electronic transfer) and attest to the Provision 20 to Section 1.3 related to not boycotting
Israel, per State of Arizona’s Intergovernmental Agreement updated standard language.
This amendment is non-financial and is effective from January 1, 2017 until December 31,
2021. All other terms and conditions of the Intergovernmental Agreement remain in full
force and effect.
This Arizona Department of Health Services Amendment does not alter the previously
approved not-to-exceed amount of $3,000,000 per year from January 1, 2017 through
December 31, 2021.
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Grant revenues are not local revenues for the purpose of constitutional expenditure
limitation, and therefore, expenditure of the funds in not prohibited by the budget laws. 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. (C-39-17-006-3-02)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
COUNTY OFFICES AND DEPARTMENTS
DEPARTAMENTOS Y OFICINAS DEL CONDADO
Air Quality - Calidad del Aire
20. AMENDMENT TO LICENSE AGREEMENT WITH THE CITY OF CHANDLER FOR USE
OF REAL PROPERTY
Approve and authorize the Chairman to execute Amendment No. 1 to License Agreement
P-50168 for Use of Real Property at 1913 N. Alma School Road in Chandler, with the City
of Chandler.
The amendment, if approved, will allow the Air Quality Department to continue and
maintain operation of air quality monitoring equipment at the City site for a 5 year term. The
County will pay $600 annually for the non-exclusive use of the site and incur electrical
utility cost for the site operation. The Agreement will commence retroactively August 9,
2017 and expire August July 31, 2022. Either Party may terminate the Agreement without
cause by giving the other a 90 day written notice of intent to terminate. The amendment will
amend Section 13 of the Agreement to include additional notice(s) be sent to Chandler City
Attorney at P.O. Box 4008, MS 602, Chandler, AZ 85244. (C-85-12-019-3-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
Animal Care and Control Services - Servicios de Control y Cuidado de Animales
21. DONATION FROM ANNE DUDDY
Accept the restricted monetary donation of $400 from Anne Duddy to fund the purchase of
a grooming table to be utilized by MCACC staff and volunteers to care for animals in need
of grooming.
Donation revenue funds are deposited into Fund 572 as they are received. Donation funds
are not local revenues for the purpose of the constitutional expenditure limitations and
therefore expenditures of these revenues are not prohibited by the budget law. The
approval of this action requested does not alter the budget constraining the expenditure of
local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-79-18-004-D-
00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
22. KENNEL PERMIT (MULTIPLE DOG LICENSE) FOR JUDY HAMEL DBA FOREVER
FAITHFUL
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Approve kennel permit K18-000059 pursuant to A.R.S. §11-1009 for Judy Hamel DBA
Forever Faithful, PO Box 7753, Goodyear, AZ 85338 in District 5 for the term of August 1,
2017 through July 31, 2018. The cost of a kennel permit is $328. Penalties of $150 were
assessed. The total amount received for this permit application is $478. (C-79-18-005-L-
00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
Correctional Health - Salud Correccional
23. COMPETITION IMPRACTICABLE CONTRACT WITH SOUTHWEST BEHAVIORAL &
HEALTH SERVICES
Approve the Competition Impracticable Agreement with Southwest Behavioral & Health
Services for complementary behavioral health services at Maricopa County's 4th Avenue
Jail. These support services are aligned with Smart Justice and Stepping Up initiative
goals. They will help Correctional Health Services streamline the intake process, maximize
opportunities to divert low risk individuals designated as Serious Mentally Ill (SMI), and
reduce jail costs.
The Agreement will begin on August 23, 2017 and shall remain in effect until August 31,
2018. The Agreement shall become effective upon approval and signature by both parties.
The Agreement may be renewed for three (3) additional one (1) years terms, through a
written amendment, provided however, that Contractor is in full compliance with all terms
and conditions of this Agreement.
Yearly funding amount for the Agreement is $109,129. (C-26-18-002-3-00)
Chairman Barney noted his gratitude for Dr. Naugle’s work in continuing the transition of
individuals into the community.
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
Environmental Services - Servicios Ambientales
24. BOARD OF HEALTH FEE WAIVER REIMBURSEMENT
Approve a fund transfer of $41,740 from the General Fund (100) to the Environmental
Services Environmental Health Fund (506). The purpose of the transfer is to reimburse
Environmental Services for Fee Waivers approved by the Board of Health pursuant to C-
88-12-010-7-00. Pursuant to A.R.S. §42-17106B, authorize the transfer of FY2018
expenditure authority in the amount of $41,740 from Non Departmental (D470) General
Fund (100) Non Recurring Non Project (NRNP) Contingency (4711) to Non Departmental
(D470) General Fund (100) Non Recurring Non Project (NRNP) Other Programs (4712) to
the line item titled “Board of Health Fee Waiver Fund Transfer” for the reimbursement of
the Environmental Services fee waivers approved by the Board of Health. Also authorize
an increase in revenue authority in the amount of $41,740 in Environmental Services
(D880) Environmental Services Environmental Health Fund (506) Non Recurring Non
Project (NRNP) and increase expenditure authority in the amount of $41,740 in Non
Departmental (D470) Grants Fund (249) Non Recurring Non Project (NRNP) with offsetting
revenue and expenditure adjustments in Eliminations (D980) Eliminations Fund (900) Non
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Recurring Non Project (NRNP). This action will have a net zero impact on the overall
County budget.
Board of Supervisors item C-88-12-010-7-00, approved on June 20, 2012, authorized
reimbursement to the Environmental Services Fee Fund for fees waived by the Board of
Health for its work on behalf of the Board of Supervisors.
At the Board of Health meeting on Monday, July 24, 2017, the Board of Health approved
fee waivers totaling $41,740. Environmental Services requests reimbursement pursuant to
C-88-12-010-7-00. (C-88-18-003-2-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
25. GRANT FUNDS FROM THE FOOD AND DRUG ADMINISTRATION FOR FSPCA
PREVENTIVE CONTROLS FOR HUMAN FOOD TRAINING
Approve and accept a preventative control grant from the Association of Food and Drug
Officials (AFDO), to attend a training course in the amount of $3786. The grant is funded
by AFDO (award number G-T-1703-00369). The purpose of this grant is to receive training
on Good Manufacturing Practices, necessary for the Environmental Services Chain Food,
Institutional Care, and Food Production program. This program has two new supervisors
who oversee inspections conducted at Food Production plants, Bottled Water plants, Ice
Manufacturing plants, Microbreweries and Distilleries. Maricopa County Environmental
Services plans to send the 2 supervisors to the 2017 Current Good Manufacturing Practice,
Hazard Analysis, and Risk-Based Preventative Control for Human Food training at the
Illinois Institute of Technology to obtain necessary job training for their program. The
supervisors will then provide in-house training to their 9 field inspectors who are/will be
conducting inspections in this program. The training objective is to gain necessary job skills
for conducting inspections at processing plants and to share this knowledge with others.
The grant is effective from November 7, 2017 until November 10, 2017. Maricopa County
Department of Environmental Services’ indirect rate for FY 2017-18 is 33.1%. The grant
does not allow for indirect costs, therefore indirect expense estimated at $1,253.16 is
unrecoverable.
Upon receipt of funds and pursuant to A.R.S 42-17106(B), approve an increase in revenue
and expenditure authority in the Environmental Services Department (D880) Environmental
Services Grants Fund (505) Operating (OPER) in an amount not to exceed $3,786 for FY
2018. Grant revenues are not local revenues for the purpose of the constitutional
expenditure limitation, and therefore expenditure of the funds are not prohibited by the
budget law. (C-88-18-002-G-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
26. GRANT FUNDS FROM THE FOOD AND DRUG ADMINISTRATION FOR FDA PACIFIC
REGION RETAIL FOOD TRAINING
Approve and accept a preventative control grant from the Association of Food and Drug
Officials (AFDO), to attend a training course in the amount of $3,000. The grant is funded
by AFDO (award number G-T-1611-04420). The purpose of this grant is to receive training
on any changes in the FDA Model Food Code (which Maricopa County has adopted). If
there are any changes to the standardization field guide, that is also included in the
training. The training reviews opportunities for jurisdictions that are enrolled in the FDA
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Wednesday, August 23, 2017
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program standards (of which Maricopa County is enrolled). It provides information on
funding sources to help jurisdictions that are enrolled in the program standards. The
training also provides information on the newest science available, which is necessary for
our training program. Information from industry on food safety measures taken are also
discussed. This conference provides the opportunity for valuable networking for our
employees to meet with other state, local, and federal partners. This has allowed us in the
past to hear new ideas, discuss new ideas, and exchange information that helps improve
our programs. Meeting with industry is also vital in our role as regulators and educators. It
is helpful for both sides to hear from one another and to discuss food safety.
This grant is effective from January 12, 2017 until December 29, 2017. Maricopa County
Department of Environmental Services’ indirect rate for FY 2017-18 is 33.1%. The grant
does not allow for indirect costs, therefore indirect expense estimated at $993 is
unrecoverable.
Upon receipt of funds and pursuant to A.R.S 42-17106(B), approve an increase in revenue
and expenditure authority in the Environmental Services Department (D880) Environmental
Services Grants Fund (505) Operating (OPER) in an amount not to exceed $3,000 for FY
2018. Grant revenues are not local revenues for the purpose of the constitutional
expenditure limitation, and therefore expenditure of the funds are not prohibited by the
budget law. (C-88-18-004-G-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
Finance - Finanzas
27. FILL THE GAP
Certify by authority of A.R.S. § 41-2421("Fill the Gap" legislation) (1) that total revenues
received in Fiscal Year 2016-2017 by the Justice Courts and the Superior Court including
the Clerk of Superior Court are greater than court revenues received in Fiscal Year 1997-
98; and, (2) authorize the County Treasurer to immediately distribute the 2016-2017
revenue deposited with the Maricopa County Treasurer pursuant to A.R.S. § 41-2421
(amounting to five percent of total court revenues from fees) as follows: 21.61% to State
Aid to County Attorney Fund $925,129.95; 20.53% to State Aid to Indigent Defense Fund
$878,894.86; 57.37% to Local Courts Assistance Fund $2,456,025.24; 0.49% to State
Treasurer for Department of Law $20,977.03. (C-18-18-001-2-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
28. FUNDS TRANSFERS; WARRANTS - TRANSFERENCIAS DE FONDOS; WARRANTS
Approve regular and routine fund transfers, warrant reports 07/21/2017 through
08/03/2017, 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-06-18-046-7-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
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Wednesday, August 23, 2017
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Human Resources - Recursos Humanos
29. 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 stipends for management/professional
assignments (MPA). (C-31-18-003-6-00)
Ranges:
Background Investigator: $18.00-$25.80 ($37,440-$53,664)
Human Resources Group Manager: $35.29-$53.33 ($73,403-$110,926)
Mental Health Director (Assistant): $43.95-$64.15 ($91,416-$133,432)
Psychologist Senior: $42.35-$56.85 ($88,088-$118,248)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
30. 2018-19 WELLNESS INCENTIVES
Approve the Wellness Incentive Plan for 2018-19 as described in the attached Exhibit A.
The Wellness Incentive Program will give employees the opportunity to choose from a
variety of activities (including financial wellness options) that will help them “know their
numbers” and maintain or improve their health and well-being.
Under the proposed plan, eligible employees will earn wellness incentives for 2018-19 by
completing requirements during 2017-18. The list of activities for which points may be
earned has been expanded to include “financial wellness” and completion of health
coaching on chronic disease management provided by Cigna and United Healthcare
through the County’s medical benefit plans.
Approval of this agenda item will also allow employees who did not, or were not able to,
earn 2017-18 wellness incentives by June 30, 2017 to earn them from July 1, 2017 by
meeting criteria for 2018-19 incentives. (C-31-18-002-M-00)
Chairman Barney noted his gratitude for County Manager, Joy Rich’s, effort and
leadership in moving forward with improving the Wellness Incentive Plan.
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
Human Services - Servicios Humanos
31. ADMINISTRATIVE CORRECTION TO GRANT FUNDS FROM ARIZONA DEPARTMENT
OF EDUCATION, EARLY CHILDHOOD EDUCATION UNIT FOR ARIZONA’S
PRESCHOOL DEVELOPMENT GRANT
Approve an administrative correction to the grant funds received from Arizona Department
of Education, Early Childhood Education Unit for their Preschool Development Grant
(PDG).
Notification was received stating an error in the calculation in the funding amount. The
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original notification stated a grant amount of $139,400, the correct amount is $139,585 a
difference of $185.
Request approval to increase the grant fund amount to $139,585. Also request to
substitute the letter received from Arizona Department of Education, Early Childhood
Education Unit which highlights required conference attendance and funding amount.
The Indirect cost rate does not change as the $185 will be utilized for program supplies.
Grant revenues 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 grant does not alter the budget constraining expenditures of local revenues duly
adopted by the Board pursuant to A.R.S. 42-17105. The overall grant budget will be
adjusted as necessary to accommodate this grant through a future reconciliation.
Acceptance of the Grant funds will not impact the County General Fund. Supervisory
District: 2 (C-22-17-059-G-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
32. AMENDMENT TO COMPETITION IMPRACTICABLE CONTRACT WITH BRIGHT
FUTURE STARS
Approve financial Amendment No. 2 to the Competition Impracticable Contract
“Agreement” between Bright Future Stars, LLC., an Arizona corporation and Maricopa
County, administered by its Human Services Department.
The purpose of the Amendment is to address the following:
A. Extend the contract termination date from August 31, 2017 to September 30, 2017.
B. Funding for Fiscal Year 2018, extension period July 1, 2017 to September 30, 2017
shall increase from $58,238 to $79,839.
C. Replace Attachment B Program Calendar
This agreement is subject to A.R.S. §38-511. All other terms and conditions of the original
Agreement and Amendments remain the same and in full force and effect as approved and
amended.
Funding for this contract will be provided by grant funds from the U.S. Department of
Health and Human Services (DHHS)/Administration for Children and Families (ACF), Office
of Head Start (OHS), Grant No. 09CH010385 (C-22-16-011-G) Supervisor District: 2 (C-22-
17-038-3-02)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
33. AMENDMENT TO THE CONTRACT WITH COMMUNITY BRIDGES, INC.
Approve non-financial Amendment No. 1 to the Contract between Community Bridges, Inc.
(CBI) and Maricopa County administered by its Human Services Department.
The purpose of Amendment No. 1 is to extend the term of the Contract from June 30, 2017
to June 30, 2018. The Amendment is retroactive to July 1, 2017 and is a no cost extension.
The Amendment shall become effective upon approval and signature by both Parties.
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All other terms and conditions of the original agreement remain in effect. The Agreement
does not impact the County General Fund. The Agreement is subject to A.R.S. §38-511.
The purpose of the Agreement is for CBI to provided Rapid Rehousing services to
homeless men and women. The Agreement is funded by a grant from the U. S.
Department of Housing and Urban Development (HUD) (C-22-16-032-G-00). Supervisor
District: All (C-22-17-036-3-01)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
34. AMENDMENT TO LEASE AGREEMENT WITH COMMUNITY ASSET AND RESOURCE
ENTERPRISE PARTNERSHIP
Approve, and authorize the Chairman to execute Amendment No. 5 to Lease Agreement L-
7410 with Community Asset Resource Enterprise (CARE) Partnership to exercise the
fourth of four options to extend the term of the lease for 1,890 square feet of Head Start
classroom space located at 466 South Bellview Street, Mesa, AZ, and authorize Real
Estate Staff to give Notice of County intent to exercise the renewal option.
This amendment is the fourth of four options to extend the term two years. The new lease
term, if approved, will be for 24 months commencing October 1, 2017 through September
30, 2019. There are no remaining options to renew the term. The rental fee is $2,000.00
plus tax per month or a base amount of $24,000.00 per year. The Amendment is funded
through Early Head Start FY2018 grant provided by U.S. Department of Health and Human
Services Head Start program (09CH010385/C-22-16-011-G). This agreement does not
impact the County General Funds. Supervisor District: 2 (C-22-10-044-1-05)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
35. CONTRACT WITH BANNER HEALTH DBA BANNER HOME CARE
Approve a financial contract between Banner Health, an Arizona non-profit, community
based organization d/b/a Banner Home Care and Maricopa County, administered by its
Human Services Department, in the not-to-exceed amount of $10,000. The purpose of the
contract is to provide funds for the provision of support services provided at the Olive
Branch Senior Center elderly residents in the Sun City community. The term of the
Contract is retroactive to July 1, 2017 through June 30, 2018.
This agreement is subject to and incorporates by reference the statutory language of
A.R.S. § 38-511.
Funding for this Contract is from the Human Services Department’s appropriated General
Funds. Supervisor District: 4 (C-22-18-014-3-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
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36. RESCIND AND SUBSTITUTE AMENDMENT TO THE CONTRACT WITH CITY OF
SCOTTSDALE FOR COMPUTER LAB
Rescind the action taken by the Board of Supervisors on July 26, 2017, to approve
Amendment No. 1 to a non-financial Contract (Agreement) between City of Scottsdale
(“City”) and Maricopa County (“County”) administered by its Human Services Department.
Request approval and substitute the revised Amendment No. 1
The Amendment addressed the following:
• Extend the Agreement term retroactive to July 1, 2017 through June 30, 2019. Upon
approval of this Amendment, one (2) year term will remain.
• Remove reference to Maricopa Workforce Connections and replace with Arizona@Work
Maricopa County.
• All other terms and conditions of the original Contract as amended remain the same and
are in full force and effect as approved and amended.
• This Contract is subject to and incorporates by reference the statutory language of A.R.S.
§38-511.
The previously approved Amendment No. 1 did not specify that the Amendment was retro-
active to July 1, 2017.
The County and City have had a partnership agreement since 2008 where Maricopa
County residents who are unable to travel to the MWC One Stop Career Centers, will have
the opportunity to access employment related services through the computer lab that is
located in the City’s Vista del Camino Center located at 7700 E. Roosevelt Street,
Scottsdale, Arizona 85257.
The City will continue to provide space where County owned computers, printers and
copiers are located. The County’s Arizona@Work Maricopa County staff will be available to
train the City’s staff on Workforce Development services and labor market online systems
to assist job-seekers with job searches. Supervisor District: 2 (C-22-16-003-3-02)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
Parks and Recreation - Parques y Recreación
37. AMENDMENT TO PHOENIX KART RACING ASSOCIATION’S SPECIAL USE
AGREEMENT
Approve Amendment Three the Special Use Agreement between Maricopa County and
Phoenix Kart Racing Association (C-30-98-017-B-03) extending the term date from March
4, 2018 to March 3, 2019 which also results in an amendment to the Concessionaire’s
Published Fee Schedule.
Both Arizona Karting Association, a dirt-track go-kart racing facility and the Phoenix Kart
Racing Association, an asphalt go-kart racing facility terms expire March 3, 2019 with no
renewal options. These two facilities are located next to each other at Adobe Dam
Regional Park. It is expected that when the agreements terminate it will be in the County’s
best interest to advertise a combination of both facilities into one Invitation to Negotiate
(ITN). An extension to the term is necessary to allow enough time to issue the ITN. The
ITN may provide options for one concessionaire to manage both tracks or for one
concessionaire to provide a different recreational use for both facilities that fits into the
Adobe Dam Regional Park Master Plan and meets the Parks mission and vision. This item
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is located in Supervisory District #3. (C-30-98-017-B-03)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
38. AMENDMENT TO ARIZONA KART ASSOCIATION’S SPECIAL USE AGREEMENT
Approve Amendment Five to the Special Use Agreement between Maricopa County and
Arizona Karting Association (C-30-02-047-B) extending the term date from March 4, 2018
to March 3, 2019 which also results in an amendment to the Concessionaire’s
Administrative Fee Schedule.
Both Arizona Karting Association, a dirt-track go-kart racing facility and the Phoenix Kart
Racing Association, an asphalt go-kart racing facility terms expire March 3, 2019 with no
renewal options. These two facilities are located next to each other at Adobe Dam
Regional Park. It is expected that when the agreements terminate it will be in the County’s
best interest to advertise a combination of both facilities into one Invitation to Negotiate
(ITN). An extension to the term is necessary to allow enough time to issue the ITN. The
ITN may provide options for one concessionaire to manage both tracks or for one
concessionaire to provide a different recreational use for both facilities that fits into the
Adobe Dam Regional Park Master Plan and meets the Parks mission and vision. This item
is located in Supervisory District #3. (C-30-02-047-B-05)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
39. AMENDMENT TO AGREEMENT WITH ARIZONA OUTDOOR SPECIALIST, INC., DBA
ARIZONA OUTBACK ADVENTURES
Approve Amendment Three to the Commercial Management Concessions Agreement
(CMCA) entered into between Maricopa County and Arizona Outdoor Specialist, Inc., dba
Arizona Outback Adventures, on May 11, 2011.
Amendment Three will add scope for providing guided hiking outdoor education tours for
both the Hassayampa River Preserve and Spur Cross Ranch Conservation Area. Outdoor
education will consist of environmental education, such as wildlife, botany and biodiversity
of a conservation area. The activities for this concession will be located in all Supervisory
Districts. (C-30-11-041-3-03)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
40. TERMINATION OF USE MANAGEMENT AGREEMENT WITH ESTRELLA YOUTH
SPORTS
Approve the termination (Termination) of the Use Management Agreement (UMA) entered
into between Maricopa County and Estrella Youth Sports, for the Development, Operation,
Maintenance, Management and Improvements the Estrella Sports Complex located at
Estrella Mountain Regional Park (C-30-16-007-M-00) dated December 14, 2015. Upon
mutual consideration, the parties agree that due to Concessionaire’s lack of funding, it is in
each party’s, and the parties’ collectively, best interest to terminate the UMA. The effective
date of the Termination of the UMA shall be the date of the last signature to this
Termination. This item is located in Supervisory District No. 5. (C-30-16-007-M-01)
Supervisor Gallardo and Supervisor Hickman noted their enthusiasm for youth sports
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Wednesday, August 23, 2017
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programs and requested to speak with RJ Cardin, Director of Parks and Recreation,
regarding the item.
Chairman Barney stated the program was terminated due to a shortfall in funding.
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
Procurement Services - Servicios de Adquisiciones
41. CAPITAL PROJECTS FURNITURE (180102-IGA)
Approve a Contract with Goodmans Interior Structures, in an amount not to exceed
$17,500,000.00. The term of this contract is three (3) years and ten (10) months, plus
renewals, with an effective date of August 23rd, 2017 until June 30th, 2021. The purpose of
the Contract is to provide new furniture, design, procurement, installation services and any
other related services for various Capital Projects for the Facilities Management
Department on behalf of Maricopa County.
Goodmans Interior Structures (C-73-18-002-3-00)
Chairman Barney thanked Reid Spaulding, Deputy County Manager, for his work and
ability to cut costs on several large construction projects.
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
42. CONTRACT INDIGENT REPRESENTATION (PROBATE) ATTORNEY SERVICES - OCC
(171119-ROQ )
Approve and authorize the award of contracts to the individuals/firms listed below for
purpose of providing indigent representation attorney services for the Office of Contract
Counsel and indigent representation specialty services for Probate Attorney Services. The
effective date of the contract will be August 23, 2017.
It is requested by the OFFICE OF PUBLIC DEFENSE SERVICES that the Board of
Supervisors approve the subject award based on a review of qualifications by the
evaluation committee & a consensus determination of acceptability. (C-73-18-003-3-00)
Curley & Allison LLP
Chris L. Anderson PC
Yvette Banker
Joseph M. Boyle
Wood Smith Henning Berman
Jared R. Causey
Joseph F. Causey Attorney
Rex Decker
Gary T. Doyle
Michael J. Doyle
Marsha Goodman Attorney PLLC
Hillary P. Gagnon
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Wednesday, August 23, 2017
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Arnold N. Hirsch
Rick Kilfoy
Tracey Leonard
Daniel Joseph Mazza
Kelly J. McDonald
Michael D. Strauber Attorney
Scaringelli Law Firm PC
Paul J. Theut PC
Mark Theut PC
Christopher P. Theut PC
Brian J. Theut PC
Peter M. Williams
Jeannette Woods
Katie Warner
John R. Worth
Meyrose Blackford PLC
Robert B. Blecher
Lon S. Taubman
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
Public Health - Salud Pública
43. AMENDMENT TO CONTRACT WITH TOUCHSTONE HEALTH SERVICES
Approve an Amendment No. 3 to Contract between Touchstone Health Services (THS)
(formerly Touchstone Behavioral Health Partnership) and Maricopa County by and through
its Department of Public Health (MCDPH), Office of Health Promotions, to provide a Teen
Pregnancy Prevention program. This program will impact the teen birth rate by building the
capacity of established youth-serving organizations to provide quality, evidence-based teen
pregnancy prevention programming. The amendment includes the following changes:
A. Coversheet, 3. Contract Amount is increased by $205,000 for the period July 1, 2017
through June 30, 2018, for an aggregate total not-to-exceed amount of $526,401.
B. Section III, Work Statement, 1. Background is replaced with an updated Addendum A,
Section III, Work Statement, 1. Background;
C. Section III, Work Statement, 3. Responsibilities of the Contractor, is replaced with an
updated Addendum B, Section III, Work Statement, 3. Responsibilities of the Contractor;
D. Attachment A, Budget, is replaced with, Addendum C, Budget (effective July 1, 2017
through June 30, 2018).
All other terms and conditions of the original contract and its amendments shall remain in
full force and effect.
THS was a successful respondent to a Public Health Notice of Intent issued by MCDPH
(PH NOI 15-O11), pursuant to MC1-328. Also, this Contract with TBHP is funded through a
grant from Department of Health and Human Services, Public Health Services, Office of
Grants Management, Office of Adolescent Health (TP1AH000129-01-00). (C-86-16-008-3-
04)
Formal Meeting Minutes
Wednesday, August 23, 2017
Page 45 of 64
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
44. AMENDMENT TO IGA WITH ARIZONA BOARD OF REGENTS FOR AND ON BEHALF
OF ARIZONA STATE UNIVERSITY
Approve an Amendment No. 3 to Intergovernmental Agreement (IGA) between the Arizona
Board of Regents, a body corporate (ABOR) for and behalf of Arizona State University
(ASU) and Maricopa County by and through its Department of Public Health (MCDPH),
Office of Community Empowerment, to provide funding for a Teen Pregnancy Prevention
program. This program will impact the teen birth rate by building the capacity of established
youth-serving organizations to provide quality, evidence-based teen pregnancy prevention
programming. This amendment includes the following modifications:
A. Coversheet 3. Agreement amount is increased by $75,000.00 for an aggregate total not-
to exceed amount of $195,000.00, for the budget period July 1, 2017 through June 30,
2018.
B. Section II, Special Provisions, 4. AUDIT REQUIREMENT, replace with Section II:
Special Provisions:
4. UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Agreement the Contractor agrees to comply with all applicable
provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS contained in Title 2 C.F.R. § 200 et seq.
C. Section II, Special Previsions, add the following paragraph:
13. ISRAEL BOYCOTT
By submitting this Agreement the Contractor certifies that they are in compliance with
Article 9, A.R.S. Section 35-393 et seq.
D. Section III, Work Statement, 1. BACKGROUND, replace with attached updated
Addendum A., Section III, Work Statement, 1. BACKGROUND.
E. Section III, Work Statement, 3. RESPONSIBILITIES OF THE CONTRACTOR, is
updated with attached Addendum B, C. Section III, Work Statement, 3.
RESPONSIBILITIES OF THE CONTRACTOR.
F. Attachment A, Budget, has been replaced with Addendum C Attachment A -Budget
Amendment Deliverables and Payment Schedule (July 1, 2017 through June 30, 2018).
All other terms and conditions of the original contract and its amendments shall remain in
full force and effect.
Formal Meeting Minutes
Wednesday, August 23, 2017
Page 46 of 64
ASU was a successful respondent to a Public Health Notice of Intent issued by MCDPH
(PH NOI 15-O11), pursuant to MC1-330. This IGA and its Amendments are funded through
a grant from the Department of Health and Human Services, Public Health Services, Office
of Grants Management, Office of Adolescent Health (5 TP1AH000129-03-00). (C-86-16-
013-3-05)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
45. NOTICE OF AWARD WITH DEPARTMENT OF HEALTH AND HUMAN SERVICES,
PUBLIC HEALTH SERVICES, OFFICE OF GRANTS MANAGEMENT FOR
ADOLESCENT HEALTH SERVICES CAPACITY BUILDING TIER 1A PROGRAM
Approve a Notice of Award for a non-competing continuation to Cooperative Agreement
(CA) (TP1AH000129-03-00), Maricopa County Program Capacity Building – Tier 1A,
between the Department of Health and Human Services (DHHS), Public Health Services
(PHS), Office of Grants Management (OGM), Office of Adolescent Health (OAH) and
Maricopa County through its Department of Public Health (MCDPH). This program hopes
to impact the teen birth rate by building the capacity of established youth-serving
organizations to provide quality, evidence-based teen pregnancy prevention programming.
The funding amount is not-to-exceed $749,999, for the budget period July 1, 2017 through
June 30, 2018. Also, this award shortens the project period from June 30, 2020 to June 30,
2018.
MCDPH’s indirect rate for FY 2017-18 is 16.6%. The full indirect costs are estimated at
$66,912 of which 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. $280,000 is pass-thru and not subject to indirect cost.
Departmental indirect rates are reestablished at the beginning of each fiscal year and the
future indirect rates will be collected at the corresponding rates.
Grant revenues 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 Amendment does not alter the budget constraining expenditures of local revenues
duly adopted by the Board pursuant to A.R.S. 42-17105. The overall grant budget will be
adjusted as necessary to accommodate this grant through a future reconciliation. (C-86-16-
006-3-05)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
46. AMENDMENT TO IGA WITH ARIZONA BOARD OF REGENTS FOR ARIZONA STATE
UNIVERSITY FOR TOBACCO USE PREVENTION AND EDUCATION – IGNITE
PROGRAM
Approve an Amendment 1 to the fee-for-service Intergovernmental Agreement (IGA)
between Arizona Board of Regents for and on behalf of Arizona State University (ASU),
and Maricopa County by and through its Department of Public Health (MCDPH) to provide
funding for a college-based tobacco use prevention and education IGNITE (Influence,
Guide and Network for Intercollegiate Tobacco Education) program. The agreement
amount is not-to-exceed $8,000.00 for the 1 year budget period July 1, 2017 through June
Formal Meeting Minutes
Wednesday, August 23, 2017
Page 47 of 64
30, 2018. (C-86-17-042-3-01)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
47. AMENDMENT TO IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR
EMERGENCY PREPAREDNESS PROGRAM
Approve a retro-active Cost Reimbursement, Amendment No. 3 to Intergovernmental
Agreement (IGA) Agreement No. (ADHS17-133194), Emergency Preparedness Program
between Arizona Department of Health Services (ADHS) and Maricopa County by and
through its Department of Public Health (MCDPH), Office of Preparedness and Response
(OPR) to provide funding as detailed below. Pursuant to Terms and Conditions, Provision
6. Contract Changes, Section 6.1 Amendments, Purchase Orders and Changes Orders, 1.)
The Scope of Work is revised to add the Scope of Work of this Amendment Three (3); 2.)
The Contract Price Sheet is revised to include the Price sheet of this Amendment Three
(3); and 3.) Attachment A is added to the Scope of Work of this Amendment Three (3). The
cumulative budget amount is $2,724,311.50. The price sheet budget period One (1) is from
July 1, 2017 through June 30, 2018. The IGA term begins July 1, 2016 and terminates
June 30, 2021. The retro-active is due to recent issuance of this amendment by ADHS.
The price sheet budget lines are the following:
• Public Health Emergency Preparedness (PHEP), $1,721,122.00
•Cities Readiness Initiative (CRI), $1,003,189.50
Maricopa County Department of Public Health’s Indirect Rate for FY2017-18 is 16.6%. The
indirect costs are estimated at $387,852, which 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.
Grant revenues 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 Amendment does not alter the budget constraining expenditures of local revenues
duly adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be
adjusted as necessary to accommodate this grant through a future reconciliation. Funding
for this Agreement is provided by a Grant from ADHS and will not affect the County’s
general fund. (C-86-16-112-3-03)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
48. AMENDMENT TO RFP CONTRACT WITH UNIVERSITY PHYSICIANS, INC D/B/A
UNIVERSITY OF COLORADO SCHOOL OF MEDICINE FOR JUSTICE-INVOLVED
TOBACCO CESSATION PROJECT
Approve an Amendment to Request for Proposal (RFP) Contract (PH RFP 171182)
between University Physicians d/b/a University of Colorado School of Medicine (CU
Medicine), Justice-Involved Tobacco Cessation Project and Maricopa County by and
through its Department of Public Health (MCDPH), for the purchase of tobacco cessation
services for the justice-involved population in Maricopa County. The amendments are as
Formal Meeting Minutes
Wednesday, August 23, 2017
Page 48 of 64
follows:
A. 6.36 INCORPORATION OF DOCUMENTS, 6.36.1 Exhibit A, Pricing, add Attachment A,
an updated 6.36.1, Exhibit A. Pricing Sheet;
B. 6.36 INCORPORATION OF DOCUMENTS, add Attachment B, 6.36.4 Exhibit D, Budget
Compensation and Budget Justification.
All other terms and conditions of the original contract and its amendments shall remain in
full force and effect.
This Contractor is a successful respondent to a Request for Proposal PH RFP 171182
issued by MCDPH. (C-86-17-069-3-01)
Chairman Barney stated the item is a pilot project and part of smart justice effort to
reduce recidivism and addictive behaviors. He thanked Max Porter, Public Health
Administrative Department Director and Dr. Robert England, Executive Director of
Public Health for their work on the item.
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
49. PURCHASE ORDER FOR IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES
FOR DENTAL SEALANT PROGRAM
Approve modified Purchase Order (PO) ADHS13-037845:7 for Intergovernmental
Agreement (IGA) No. ADHS13-037845, Dental Sealant Services, between Arizona
Department of Health Services (ADHS), and Maricopa County through its Department of
Public Health (MCDPH), Office of Oral Health, to provide additional funding for the Dental
Sealant Program. Additional funding is in the amount of $184,380.00, bringing the total
budget amount from $327,104 to $511,484, for PO effective period January 1, 2017
through December 31, 2017. The contract term is effective January 1, 2013 through
December 31, 2017. Terms and conditions set forth in the bid, quotation, or purchase order
are incorporated herein by reference and become a part of this order.
MCDPH’s Indirect Rate for FY 2017-18 is 16.6%. The increased indirect costs are
estimated at $26,250, all of which 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 rate.
Grant revenues 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 IGA does not alter the budget constraining expenditures of local revenues duly
adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be
adjusted as necessary to accommodate this grant through a future reconciliation. Funds for
this grant are provided by ADHS and do not increase the County’s general fund. (C-86-13-
064-3-14)
Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
50. PURCHASE ORDER TO IGA FOR TUBERCULOSIS CONTROL PROGRAM FROM
ARIZONA DEPARTMENT OF HEALTH SERVICES
Formal Meeting Minutes
Wednesday, August 23, 2017
Page 49 of 64
Approve a retro-active Purchase Order (PO) (ADHS13-049253) for Intergovernmental
Agreement (IGA) Contract No. (ADHS13-049253) Tuberculosis Control, between Arizona
Department of Health Services (ADHS) and Maricopa County by and through its
Department of Public Health (MCDPH) to provide funds for the Tuberculosis Control
Program. The funds supplement MCDPH activities to prevent and control Tuberculosis
(TB) in Maricopa County. The budget amount is for total not-to-exceed amount of
$281,650, for the budget period from July 1, 2017 through June 30, 2018. The contract
term is from July 1, 2013 through June 30, 2018. Terms and conditions set forth in the bid,
quotation, or purchase order are incorporated herein by reference and become a part of
this order. The retro-active is due to the late issuance of the document by ADHS.
The Department of Public Health’s indirect rate for FY2018 is 16.6%. Indirect costs are
estimated at $40,098 and are fully recoverable.
Grant revenues 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 Agreement does not alter the budget constraining expenditures of local revenues duly
adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be
adjusted as necessary to accommodate this grant through a future reconciliation. Funds for
this Agreement are provided by ADHS and do not affect the County’s general fund. (C-86-
14-002-3-04)
Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
Real Estate - Bienes Raíces
51. AMENDMENT TO LICENSE AGREEMENT FOR USE OF REAL PROPERTY WITH
TOWN OF QUEEN CREEK
Approve and authorize the Chairman to execute Amendment No. 5 to License Agreement
P-50188 with the Town of Queen Creek (Licensor) for non-exclusive use of two (2) parking
spaces on Town property at 22358 South Ellsworth Road, Queen Creek, AZ, for the
purpose of parking County owned vehicles overnight and County employee personal
vehicles during work hours.
Amendment No. 5 will extend the term of the agreement approximately two (2) years, to
commence September 15, 2017 and expire September 30, 2019. The Amendment also
updates Licensee notice address and provides a method to move the vehicle(s) for
property maintenance and/or construction activity. There is no cost to the County for the
use. Either Party may terminate the agreement upon 30 days’ notice to the other. (C-18-12-
008-3-08)
Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
Transportation - Transportación
52. AGREEMENT WITH SUN CITY PRIDES, INC.
Approve payment to Sun City PRIDES, Inc. for costs incurred for one member to become a
Certified Applicator for weed spraying. Based on the Agreement between Maricopa County
and Sun City PRIDES (C-64-17-118-M-00) approved by the Board of Supervisors May 10,
2017 and recorded with the Maricopa County Recorder May 19, 2017 under Recorder
Number 2017-0362624, Maricopa County will incur all costs associated with up to two
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Wednesday, August 23, 2017
Page 50 of 64
members of the PRIDES becoming Certified Applicators.
One PRIDES member volunteered and attended the appropriate training class. This will
allow Maricopa County, acting through the Department of Transportation, to reimburse Sun
City PRIDES for the costs incurred for the training class. Funds are budgeted in FY2017-
2018 Transportation Department (D640) Transportation Operation Fund (232). Supervisory
District No. 4 (C-64-17-118-M-01)
Supervisor Hickman thanked Scott Isham, District 4 Chief of Staff and MCDOT staff for
their work on the item. The project is important to the Sun City Prides, who have
tremendous volunteers keeping the area clean and are currently working with The
Department of Agriculture to bring more items in-house. Supervisor Hickman stated a
volunteer will attend a full day of training to become a Certified Applicator.
Chairman Barney stated this is a great example of community engagement and the
County is reimbursing the cost for the training.
Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
53. IGA WITH CITY OF EL MIRAGE FOR IMPROVEMENTS TO NORTHERN PARKWAY
FOR DYSART ROAD TO 111TH AVENUE
Approve the Intergovernmental Agreement (Agreement) between Maricopa County
(County) and the City of El Mirage (City) for Northern Parkway from Dysart Road to 111th
Avenue (Project).
On December 26, 2008, the Maricopa County Board of Supervisors approved an
intergovernmental agreement (C-91-09-081-M-00) between the County and the Cities of El
Mirage, Glendale, and Peoria for improvements to Northern Parkway from State Route 303
to U.S. 60. That intergovernmental agreement classified the responsibilities of the parties
to that agreement for cost sharing, design, construction, construction management, rights-
of-way acquisition, utility relocation, and maintenance of the overall Northern Parkway
Program.
This Agreement identifies and defines the specific responsibilities of the County and City
for the operation and maintenance of Northern Parkway between Dysart Road to 111th
Avenue. The County is the lead agency for all aspects of the Project, and, under this
Agreement, will operate and maintain Northern Parkway from Dysart Road to 115th
Avenue. Supervisory District No. 4 (C-64-18-017-M-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
54. IGA WITH CITY OF GLENDALE FOR IMPROVEMENTS TO NORTHERN PARKWAY
FROM DYSART ROAD TO 111TH AVENUE
Approve the Intergovernmental Agreement (Agreement) between Maricopa County
(County) and the City of Glendale (City) for Northern Parkway from Dysart Road to 111th
Avenue (Project).
On December 26, 2008, the Maricopa County Board of Supervisors approved an
intergovernmental agreement (C-91-09-081-M-00) between the County and the Cities of El
Mirage, Glendale, and Peoria for improvements to Northern Parkway from State Route 303
Formal Meeting Minutes
Wednesday, August 23, 2017
Page 51 of 64
to U.S. 60. That intergovernmental agreement classified the responsibilities of the parties
to that agreement for cost sharing, design, construction, construction management, rights-
of-way acquisition, utility relocation, and maintenance of the overall Northern Parkway
Program.
This Agreement identifies and defines the specific responsibilities of the County and City
for the operation and maintenance of Northern Parkway between Dysart Road to 111th
Avenue. The County is the lead agency for all aspects of the Project, and, under this
Agreement, will operate and maintain Northern Parkway from Dysart Road to 115th
Avenue until the roadway is annexed by the City. The Agreement does not specify a date
for annexation. Supervisory District No. 4 (C-64-18-019-M-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
55. IGA WITH CITY OF PEORIA FOR IMPROVEMENTS TO NORTHERN PARKWAY FROM
DYSART ROAD TO 111TH AVENUE
Approve the Intergovernmental Agreement (Agreement) between Maricopa County
(County) and the City of Peoria (City) for Northern Parkway from Dysart Road to 111th
Avenue (Project).
On December 26, 2008, the Maricopa County Board of Supervisors approved an
intergovernmental agreement (C-91-09-081-M-00) between the County and the Cities of El
Mirage, Glendale, and Peoria for improvements to Northern Parkway from State Route 303
to U.S. 60. That intergovernmental agreement classified the responsibilities of the parties
to that agreement for cost sharing, design, construction, construction management, rights-
of-way acquisition, utility relocation, and maintenance of the overall Northern Parkway
Program.
This Agreement identifies and defines the specific responsibilities of the County and City
for the operation and maintenance of Northern Parkway between Dysart Road to 111th
Avenue. The County is the lead agency for all aspects of the Project. Under this
Agreement, the County will operate and maintain the Intelligent Transportation Systems
system and equipment from 115th Avenue and 111th Avenue. The City will own, operate,
and maintain all other Project improvements from 115th Avenue to 111th Avenue.
Supervisory District No. 4 (C-64-18-018-M-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
56. FEDERAL CONSULTANT SERVICES CONTRACT WITH STANLEY CONSULTANTS,
INC. FOR FINAL DESIGN SERVICES
Approve Federal Consultant Services Contract No. 2017-020, with Stanley Consultants,
Inc., to perform final design services for Maricopa County Department of Transportation,
Project Number TT0427 Northern Parkway Dysart Overpass, for a sum not-to-exceed
$818,531. The contract completion date shall be 400 days after the Notice to Proceed has
been issued. Funds are budgeted in Transportation Improvement Program MAG ALCP
Projects, Sub-Project TT0427.
The project will provide an overpass for new mainline lanes of Northern Parkway to cross
over Dysart Road, resulting in a continuous traffic flow provided on Northern Parkway to
just west of El Mirage Road. The project includes PCCP pavement, bridges, drainage
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Page 52 of 64
items, lighting, signing, and pavement marking. Supervisory District No. 4 (C-64-18-020-5-
00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
57. RIGHT OF WAY ACQUISITION AGREEMENT
Approve and execute Right of Way Acquisition Agreement that identifies the roles and
responsibilities between Maricopa County and Happy Valley & 115th Self Storage Partners
regarding the application to amend an existing Arizona State Land right of way held by
Maricopa County.
Happy Valley & 115th Self Storage Partners is in the process of developing a self-storage
facility located south of Happy Valley Road along the east side of 115th Avenue in
unincorporated Maricopa County. As part of their plan approval, the Maricopa County
Planning and Development Department has required a 500’ clear line of sight along 117th
Avenue south of the proposed facility. In order to facilitate the 500’ clear sight requirement
the Developer will need to obtain a sight visibility easement. The Developer has requested
to use land managed by the Arizona State Land Department (ASLD) for the State Trust.
The proposed ASLD land is adjacent to an existing MCDOT held ASLD right of way (#16-
107964). This agreement allows Maricopa County to apply to amend the existing ASLD
right of way to include area needed for the Sight Visibility Easement.
The Sight Visibility Easement requirement is needed in order to provide a clear line of sight
along 115th avenue, south of Happy Valley Road where 115th Avenue curves west then
south to the 117th Avenue alignment. Reducing the height of the shoulder slope and
removal of existing vegetation as needed will assist in establishing a clear line of sight
along this meandering alignment. The Developer is responsible for all of the costs and
obligations imposed by the Arizona State Land Department upon the County for the Right
of Way.
This action will contribute to a safe driving environment and although the Developer will
construct and assume maintenance of the area encumbered by the Sight Visibility
Easement, Maricopa County being the grantee of the right of way will have jurisdictional
authority over the new right of way giving the ability to enforce the line of sight requirement.
Supervisory District No. 4 (C-64-18-022-M-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
58. 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. (C-06-18-069-7-00)
A. (SS) Project #: TT0540 – Power Road at Olney Avenue – Easement and
Agreement for Highway Purposes – Roosevelt Water Conservation
District.
B. D23396-A Project #: TT0490 – 107th Ave/Lower Buckeye Rd – Warranty Deed
(SW) – Assessor’s Parcel #: 101-22-236/237 – Virginio Fimbres – for the
sum of $6,350.00.
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Wednesday, August 23, 2017
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C. D23396-B Project #: TT0490 – 107th Ave/Lower Buckeye Rd – Warranty Deed
– Assessor’s Parcel #: 101-22-236/237 – Virginio Fimbres – for the
(SW) sum of $23,550.00.
D. D23396 Project #: TT0490 – 107th Ave/Lower Buckeye Rd – Purchase
(SW) Agreement and Escrow Instructions – Assessor’s Parcel #: 101-22-
236/237 – Virginio Fimbres.
E. D23396 Project #: TT0490 – 107th Ave/Lower Buckeye Rd – Agreement for
(SW) Cost-To-Cure – Assessor’s Parcel #: 101-22-236/237 (portion of) –
Virginio Fimbres – for the sum of $22,681.19.
F. D23396 Project #: TT0490 – 107th Ave/Lower Buckeye Rd – Easement In
(SW) Gross Agreement – Assessor’s Parcel #: 101-22-236/237 (portion
of) – Virginio Fimbres.
G. D23396-1 Project #: TT0490 – 107th Ave/Lower Buckeye Rd – Temporary
(SW) Construction Easement and Agreement for Highway Purposes –
Assessor’s Parcel #: 101-22-236/237 – Virginio Fimbres – for the
sum of $427.00.
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES
Board of Supervisors - Junta de Supervisores
59. APPOINTMENT TO THE PLANNING AND ZONING COMMISSION
Approve the appointment of Jimmy Lindblom, representing Supervisorial District 1, to The
Planning and Zoning Commission. The term of appointment will be effective from date of
Board approval to December 31, 2020. (C-06-18-055-7-00)
Chairman Barney thanked Jimmy Lindblom for his presence and willingness to serve.
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
60. REAPPOINTMENT TO THE CITIZENS' AUDIT ADVISORY COMMITTEE
Approve the reappointment of Ryan Wimmer, representing District 1, to the Citizens' Audit
Advisory Committee. The term will be from September 11, 2017 to September 10, 2019.
(C-06-18-058-7-00)
Chairman Barney thanked Ryan Wimmer for his willingness to serve and noted his
gratitude to Michael Deutsch for serving in the capacity and representing the County
well.
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
Industrial Development Authority - Autoridad para el Desarrollo Industrial
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Wednesday, August 23, 2017
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61. RESOLUTION APPROVING A LEASE OF EQUIPMENT FOR THE BENEFIT OF
SCOTTSDALE HEALTHCARE HOSPITALS AND SCOTTSDALE HEALTHCARE CORP
(EACH D/B/A HONORHEALTH)
Adopt a resolution approving the proceedings of The Industrial Development Authority of
the County of Maricopa, as Lessee, for a financing in an aggregate principal amount not to
exceed $95,000,000 relating to a Master Lease and Sublease Agreement with Equipment
Schedules and related documents including an Escrow Agreement and Tax Certificate,
wherein Banc of America Public Capital Corp is the Lessor, Scottsdale Healthcare
Hospitals and Scottsdale Healthcare Corp. (each d/b/a HonorHealth) are the Sub-Lessees
(C-94-18-001-1-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, 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~
Transportation – Transportación
62. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0058
Set a hearing for October 25, 2017 for Road File No. PAB-0058 to consider the request to
abandon a portion of Federal Patent Easement Number 11211754 lying in the Northeast
quarter of Section 8 - TN, R1E of the Gila and Salt River Meridian, Maricopa County,
Arizona. General vicinity of Avenida del Sol and Lake Pleasant Parkway, and known as
Assessor Parcel 201-08-062A. Notice conditions and the request for comment
requirements have been met.
Pursuant to provisions in A.R.S. §11-251.16, Maricopa County Ordinance No. P-34 and
Maricopa County Department of Transportation Procedure # P5203, a NOTICE of the
hearing by certified mail shall be sent to the applicant and all abutting property owners no
less than 60 days prior to the hearing date. Therefore the date set for the hearing shall be
the first board meeting no less than 60 days from the date the Board sets the hearing. In
addition, a notice shall be posted in the area of the proposed abandonment no less than 60
days prior to the hearing date. Supervisory District No. 4 (C-64-18-016-M-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
CONSENT AGENDA - AGENDA DE CONSIENTA
Clerk of the Board - Secretaria de la Junta
Formal Meeting Minutes
Wednesday, August 23, 2017
Page 55 of 64
63. DONATIONS
In accordance with County Policy A2805, accept the annual reports received from Parks
and Recreation for FY 2016-2017. (C-06-18-040-7-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
64. DONATIONS
In accordance with County Policy A2508, accept the monthly donation report received from
Environmental Services for August 2017, for a Cash Value of $60. (C-06-18-049-7-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
65. 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-06-18-029-7-00)
Name Warrant No Amount
Jessica Hanson 22487856 478.31
Strategic Valuation Group PLC 380000572 61,405.07
Laura Cristina Sandoval 45227924 283.50
Alana Charnofsky 60516625 1,119.02
Alana Charnofsky 60517487 1,118.94
Glenn K Naeole 60520425 79.25
Glenn K Naeole 60520037 107.47
Lighting Unlimited 480006116 300,993.81
Desal Investigations LLC 370025465 1,275.00
James D. Gillespie 80000045 2,032.38
Ignacio Ibarra Mata 370014290 135.70
Ignacio Ibarra Mata 370021400 152.66
Ignacio Ibarra Mata 370016392 33.93
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
66. MAIL BALLOT ELECTION FOR WESTERN MEADOWS IRRIGATION DISTRICT
Approve a mail ballot election for Western Meadows Irrigation District to be conducted in
compliance with Section 558, et seq. of Title 16 of the Arizona Revised Statutes.
(Supervisorial District 3) (C-06-18-054-M-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
Formal Meeting Minutes
Wednesday, August 23, 2017
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67. MINUTES
Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Board of
Supervisors meeting held July 26, 2017. (C-06-18-050-7-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
68. PRECINCT COMMITTEEMEN
Pursuant to A.R.S. §16-821, authorize the appointment and cancellation of appointment of
Precinct Committeemen. List is on file in the Clerk of the Board’s Office and retained in
accordance with ASLAPR approved retention schedule. (C-06-18-065-7-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
69. RICO FUNDS QUARTERLY REPORT
Pursuant to A.R.S. § 13-2314.01(F) and 13-2314.03(G), receive the RICO Funds Quarterly
Reports regarding asset forfeiture funds for the anti-racketeering revolving funds, from the
following entities: (C-06-18-032-7-00)
City of Chandler Police Department
City of El Mirage Police Department
City of Goodyear Police Department
City of Mesa Police Department
City of Glendale Police Department
City of Scottsdale Police Department
Maricopa County Attorney's Office
Maricopa County Sheriff's Office
Town of Gilbert Police Department (two quarters filed)
Town of Gilbert Prosecutor's Office (two quarters filed)
City of Tempe Police Department
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
70. 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-06-18-034-7-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
71. TAX ABATEMENTS
Formal Meeting Minutes
Wednesday, August 23, 2017
Page 57 of 64
Approve and sign requests for tax abatements from the Treasurer’s Office pursuant to ARS
42-18353 for the parcel numbers, tax years and amounts as listed below: (C-43-18-005-M-
00)
965-21-490 2003-2012 $2,210.06
965-21-490 2013 $168.47
966-45-405 2013-2016 $629.16
969-65-610 2015-2016 $240.52
973-96-761 2012-2013 $196.14
984-01-301 2013 $50.03
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
BOARD OF SUPERVISORS ADDENDUM
ADÉNDUM DE LA JUNTA DE SUPERVISORES
Planning and Development
NOTE: Agenda item #A-1 was taken out of order and heard with agenda items 6-9
before item PZ-1
A-1. AMENDMENT TO INTERIM DRAINAGE AND CONSTRUCTION EASEMENT FOR
MARBELLA RANCH PARCEL 2
Approve the Amendment to a Drainage and Construction Easement for Marbella Ranch
Parcel 2. This easement is in regard to a third temporary drainage easement to be used
until such time as permanent solutions are developed most likely with future development
of an adjacent subdivision. It located on land owned by Luke Land, LLC. This document
amends the previously-recorded “Temporary Drainage and Construction Easement”
between Luke Land 58, LLC, MPC Luke, LLC, and Marbella Ranch Limited Partnership.
The easement document recoded in 2016 did not convey rights to the County. This
Amendment provides (1) the right for the county to enter and inspect the temporary basin,
and (2) a modification to the term of the easement to state that the easement will be
terminated when the county construction permits are finalized for all grading and drainage
improvements, including the Substitute Retention Facilities. The easement is designed to
be temporary and to remain in place only for so long as the development process warrants.
At the end of that process the easement will be extinguished once the Planning &
Development Department has determined that such action is warranted. (C-44-18-018-M-00)
Human Services Department
A-2. RESCIND AND SUBSTITUTE THREE-YEAR COOPERATIVE AGREEMENT WITH THE
TOWN OF FOUNTAIN HILLS
Rescind the action taken by the Board of Supervisors on June 21, 2017 that approved a
Three Year Cooperative Agreement between the Town of Fountain Hills and Maricopa
County administered by its Human Services Department, Housing and Community
Development Division. This agreement is for the purpose of participating in the U. S.
Department of Housing and Urban Development’s (HUD) Community Development Block
Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions
Grant (ESG) and other HUD related programs for the period from July 1, 2018 through
June 30, 2021 (Federal Fiscal Years 2018, 2019, and 2020).
Formal Meeting Minutes
Wednesday, August 23, 2017
Page 58 of 64
Approve the substitution of a revised Three Year Cooperative Agreement with the Town of
Fountain Hills. HUD has requested changes that clarify the period of performance,
automatic renewal terms, and the County’s responsibilities in selecting HUD funded
activities. By approving the substituted agreement, HUD requirements will be met.
HUD requires cooperation agreements with identified local governments that wish to
participate in the Maricopa Urban County program, for purposes of receiving CDBG,
HOME, and related grants. The cooperation agreements are used by HUD determine the
geographic boundaries of the Urban County for purposes of developing funding formulas
that will be used to allocate Federal Fiscal Year 2018, 2019, and 2020 funding. Supervisory
District: 2. (C-22-17-065-3-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
Sheriff
A-3. ONE TIME ADDITIONS TO RICO FLEET
Approve two one-time additions to the Sheriff's Rico fleet as follows:
(1) 2008 Toyota FJ and (1) 2011 Chevrolet Silverado.
Each vehicle was seized during an MCSO investigation and has been ordered by the Court
for forfeiture. The estimated value of the 2008 Toyota FJ is $14,000 and the 2011
Chevrolet Silverado is $20,060.
These vehicles will be used by MCSO for special investigative purposes. Also approve per
A.R.S. §38-538.03 exemptions from markings and undercover Arizona registrations and
license plates for each vehicle.
The annual operating costs are anticipated to be $5,000 for each vehicle and will be funded
by RICO. These vehicles will be retired at the end of their useful lives with no funding from
the General Fund for replacement. (C-50-18-011-V-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
Assistant County Manager - Mary Ellen Sheppard
A-4. GRANT FUNDS FOR 2017 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE
GRANT
Approve the application for grant funding from the U.S. Department of Justice, Office of
Justice Programs, Bureau of Justice Assistance, for the Edward Byrne Memorial Justice
Assistance Grant (JAG) Program FY2017 Local Solicitation (2017-H2175-AZ-DJ) in the
total amount of $1,001,144. (C-95-18-001-G-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
Board of Supervisors
Formal Meeting Minutes
Wednesday, August 23, 2017
Page 59 of 64
A-5. APPOINTMENT/REAPPOINTMENTS TO GREATER PHOENIX ECONOMIC COUNCIL
Approve the following appointment and reappointments to the Greater Phoenix Economic
Council (GPEC) Board of Directors for a term of one year effective September 22, 2017
through September 21, 2018. Four of these appointees will be selected to serve on the
Executive Committee at the GPEC annual meeting. (C-06-18-066-7-00)
Supervisor Denny Barney (Reappointment)
Supervisor Steve Chucri (Reappointment)
Jim Swanson (Reappointment)
Bradley Wright (Reappointment)
Brian Mueller (Reappointment)
Chris Zaharis (Reappointment)
Pam Higdon (New Appointment)
Matt McGuire (Reappointment)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
Risk Management
A-6. BRANDON VS MARICOPA COUNTY, ET. AL
Approve settlement of Brandon v. Maricopa County (consolidated cases) as set forth in the
settlement whereby Maricopa County will waive costs of approximately $17,116.82,
incurred during case litigation in return for the stipulations set forth in the agreement
including that plaintiff will foregoing any further appeal of this case. This matter was heard
in executive session on August 21, 2017. (C-75-18-001-S-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
MEETING RECESSED
Chairman Barney recessed the Board of Supervisors to convene as the Board of Directors of
various special districts.
MEETING RECONVENED
Chairman Barney reconvened the Board of Supervisors.
CALL TO THE PUBLIC AND SUMMARY OF CURRENT EVENTS
LLAMADO AL PUBLICO Y EL RESUMEN DE TEMAS DE ACTUALIDAD
72. 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.
Formal Meeting Minutes
Wednesday, August 23, 2017
Page 60 of 64
Comentarios del público sobre las materias relacionadas con el gobierno del Condado de
Maricopa. Por favor límite 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.)
Fran McCarroll, Clerk of the Board, stated there were no speakers.
73. SUPERVISORS’/COUNTY MANAGER’S SUMMARY OF CURRENT EVENTS
Resumen de temas de actualidad de los Supervisores/Administrador del Condado
Supervisor Gates stated during the summer he took a break from coffee chats, but they
will resume on September 7, 2017 at Deer Valley Airport. He stated Royce Flora,
County Treasurer, will be speaking about the work of the Treasurer’s Office. Jim Walter
with the Faith Community will be addressing homelessness issues in the Sunnyslope
community. He wished everyone a Happy Labor Day.
Supervisor Gallardo stated how grateful is for the Sherriff’s office, Maricopa County
Security team, and Phoenix PD for their services and keeping the recent downtown
event peaceful.
Supervisor Hickman thanked Scott Isham, Bill Gates, and all of the staff for joining him
at a State Land Department meeting. He thanked Director, Lisa Atkins for arranging the
meeting and he looks forward to continue to work with the State Land Department.
Chairman Barney stated there was a large turnout of people downtown but the event
had limited incidents with only 3 or 4 arrest. The police and Sherriff’s office were ready
and kept things under control. Chairman Barney stated that it’s always good to have the
President of the United States visit.
Supervisor Gallardo responded to Chairman Barney’s comments by stating it was
democracy in action.
Chairman Barney also noted that at 10:23, on Monday, the Board had the opportunity to
see the Solar Eclipse.
MEETING ADJOURNED
There being no further business to come before the Board, the meeting was adjourned.
_______________________________
Denny Barney, Chairman of the Board
ATTEST:
___________________________
Formal Meeting Minutes
Wednesday, August 23, 2017
Page 61 of 64
Fran McCaroll, Clerk of the Board
FLOOD CONTROL DISTRICT AGENDA
AGENDA DE DISTRITO DE CONTROL DE INUNDACIONES
The Board of Directors of the Flood Control District of Maricopa County, Phoenix, Arizona,
convened in Formal Session at 9:30 AM on Wednesday, August 23, 2017, in the Supervisors'
Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Denny
Barney, Chairman, District 1; Steve Chucri, Vice Chairman, District 2; Bill Gates, District 3 (via
phone); Clint Hickman, District 4; Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of
the Board; Amy Goodloe, Minutes Coordinator; Joy Rich, County Manager; and Andrea Cummings,
Legal Counsel.
F-1. LEASE WITH VERIZON WIRELESS LLC, FOR USE OF DISTRICT PROPERTY AT
EAST MARICOPA FLOODWAY AND RIGGS ROAD
Approve, and authorize the Chairman to execute Lease and Memorandum of Lease
between Flood Control District of Maricopa County (the “District”) and Verizon Wireless
LLC, Town of Gilbert Administrative Use Permit Application, and Town of Gilbert
Agreement to Waive Claims for Diminution in Value, for use of 1,955 square feet of District
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Wednesday, August 23, 2017
Page 62 of 64
property within County Assessor Parcel Numbers 304-80-009E and 304-80-009F
respectively, (the “Premises”).
The Lease will allow Verizon Wireless LLC to use a portion of District property for wireless
communication, with ground equipment to be installed on District property and an antenna
on Salt River Project (“SRP”) pole located on District property. The lease will commence
upon equipment installation. The initial lease term is five (5) years and will automatically
renew for four (4) additional five (5) year terms at a rate of $16,602.00 per year with a 1.5%
increase in rent annually. This Agenda Impacts Supervisorial District 1 (C-69-18-006-8-00)
Motion to approve by Director Hickman, seconded by Director Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
F-2. IGA WITH THE U.S. ARMY CORPS OF ENGINEERS, LOS ANGELES DISTRICT
EXPEDITED SECTION 408 PERMIT EVALUATION-RELATED SERVICES
Approve Intergovernmental Agreement (IGA) FCD 2018A001 for expedited Section 408
Permit Evaluation-Related Services (Projects [#203, 350, 360 & 370]) between the Los
Angeles District of the U.S. Army Corps of Engineers (USACE) and the Flood Control
District of Maricopa County (District). This IGA establishes an agreement by which the
District can provide funds to the USACE for expedited Section 408 Permit Evaluations
when the USACE has indicated it is unable to do so without additional resources. The
estimated total Project cost is $600,000. Under this agreement, the USACE will receive
funds from the District annually on an as-needed basis to support Section 408 Permit
requests made by the District. This Agreement shall become effective as of the date it has
been executed by all PROJECT PARTNERS and shall remain in force until December 31,
2025 or the IGA is terminated pursuant to Article X.B., whichever occurs first.
The District operates and maintains four dams which were constructed with the USACE as
the federal sponsor: Adobe Dam, Cave Buttes Dam, Dreamy Draw Dam, and New River
Dam. Modifications to these projects require Section 408 Permits be issued by the USACE.
This agreement provides a means by which to expedite the USACE’s Section 408 Permit
evaluation process.
This IGA will reduce USACE Section 408 Permit evaluation times, allowing the District to
minimize project schedule impacts associated with USACE reviews. This Agenda Item
impacts Supervisorial Districts 3 and 4. (C-69-18-008-3-00)
Motion to approve by Director Hickman, seconded by Director Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
FLOOD CONTROL DISTRICT ADDENDUM
ADÉNDUM DE DISTRITO DE CONTROL DE INUNDACIONES
FA-1. FLOOD CONTROL DISTRICT OF MARICOPA COUNTY VS. ABC SAND & ROCK CO.,
INC.
Authorize counsel to dismiss the injunction lawsuit (Case No. CV2016-014788) for the
reason that the Flood Control District has now issued ABC Sand and Rock Company, Inc.
a Floodplain Use Permit. This Agenda Item impacts all Supervisorial Districts. (C-69-18-
010-S-00)
Motion to approve by Director Hickman, seconded by Director Gallardo
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
Formal Meeting Minutes
Wednesday, August 23, 2017
Page 63 of 64
MEETING ADJOURNED
There being no further business to come before the Board, the meeting was adjourned.
_______________________________
Denny Barney, Chairman of the Board
ATTEST:
____________________________
Fran McCarroll, Clerk of the Board
LIBRARY DISTRICT AGENDA
AGENDA DEL DISTRITO DE BIBLIOTECA
The Board of Directors of the Library District of Maricopa County, Phoenix, Arizona, convened in
Formal Session at 9:30 AM on Wednesday, August 23, 2017, in the Supervisors' Auditorium, 205
W. Jefferson, Phoenix, AZ 85003, with the following members present: Denny Barney, Chairman,
District 1; Steve Chucri, Vice Chairman, District 2; Bill Gates District 3 (via phone), Clint Hickman,
District 4; Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of the Board; Amy
Goodloe, Minutes Coordinator; Joy Rich, County Manager; and Andrea Cummings, Legal Counsel.
L-1. DONATION FROM THE ANDREW L. AND AGNES L. HOPPER CHARITABLE FUND
Approve and accept a donation to the Library District from the Andrew L. and Agnes L.
Hopper Charitable Fund in the amount of $1,672.00 for the Sun City Library. (C-65-18-006-
D-00)
Chairman Barney thanked everyone for their contributions that continue to support the
Library.
Motion to approve by Director Chucri, seconded by Director Hickman
Ayes: Barney, Chucri, Gates, Hickman, Gallardo
Formal Meeting Minutes
Wednesday, August 23, 2017
Page 64 of 64
MEETING ADJOURNED
There being no further business to come before the Board, the meeting was adjourned.
_______________________________
Denny Barney, Chairman of the Board
ATTEST:
____________________________
Fran McCarroll, Clerk of the Board