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Board Members
Clint Hickman, Chairman, District 4
Andrew Kunasek, Vice Chairman, District 3
Denny Barney, District 1
Steve Chucri, District 2
Steve Gallardo, District 5
County Manager
Joy Rich
"The mission of Maricopa County is to Clerk of the Board
provide regional leadership and fiscally Fran McCarroll
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 and/or Board of Deposit)
Table of Contents
Board Page
Board of Supervisors 1
Improvement District No Meeting
Flood Control District 49
Library District 51
Stadium District No Meeting
Board of Deposit No Meeting
Wednesday, August 17, 2016
9:30 AM
Formal Meeting Minutes
Wednesday, August 17, 2016
Page 2 of 50
1. INVOCATION - INVOCACIÓN
Councilman Jim Waring, City of Phoenix, offered the invocation.
2. PLEDGE OF ALLEGIANCE - JURO FIDELIDAD A LA BANDERA
Steve Goode, Director of Environmental Services, led the assemblage in 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 17, 2016, in the Supervisors' Auditorium, 205 W. Jefferson,
Phoenix, AZ 85003, with the following members present: Clint Hickman, Chairman, District 4;
Andrew Kunasek, Vice Chairman, District 3; Steve Chucri, District 2; Denny Barney, District 1;
Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of the Board; Lori Medaris,
Minutes Coordinator; Joy Rich, County Manager; and Michelle Wood, 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
Melissa Gable, Animal Care and Control (MCACC) presented Gidget, a three year old
mixed breed dog. The adoption fee for Gidget is $20 and adoption fees for all pets
through the end of August will be $20. Gidget is available for adoption at the West
Valley Shelter, 2500 S. 27th Ave., Phoenix, AZ 85009. For more information please
contact 602-506-7387 or visit www.pets.maricopa.gov.
NOTE: Agenda item #A-2 was taken out of order and heard prior to the following agenda
item #PZ-1.
A-2. COMPETITION IMPRACTICABLE CONTRACT WITH SOCIETY OF ST. VINCENT DE
PAUL
Approve a Competition Impracticable financial contract between the Society of St. Vincent
De Paul (SVDP), a non-profit community based organization, and Maricopa County
administered by its Human Services Department. The resulting contract is pursuant to a
Competition Impracticable submitted to the Maricopa County Office of Procurement
Services. The purpose of the Contract is to provide funds to SVDP to provide safe
overnight accommodations to homeless men and women and weather relief services at the
Human Services Campus.
The Contract term shall begin on September 1, 2016 and will expire on February 28, 2017.
The contract amount shall not exceed $95,000. Funding for this contract will be reimbursed
through the County General Fund. (C-22-17-017-3-00)
Bruce Liggett, Director of Human Services, provided background information that
included problems when the homeless shelter shut down and the homeless were moved
to other facilities. Since July 1, 2016, the County has been the only provider of funds to
support the facilities that have taken in homeless people. The Society of St. Vincent
Formal Meeting Minutes
Wednesday, August 17, 2016
Page 3 of 50
DePaul is now helping with providing overnight shelter at a greatly reduced cost that
allows the County to extend providing overnight shelter from September 1, 2016 through
February 28, 2017. An impact is being made by the funding group where the intake
numbers have been reduced from 448 to 340 with 500 placements being made. The
funding group will divide the cost for the homeless sleeping indoors. The funding group
is comprised of the Department of Economic Security, Department of Housing, United
Way and Maricopa County. This next step will continue to make a difference. Mr.
Liggett introduced representatives from the Society of St. Vincent DePaul, Steve
Zabilski, Executor Director, and Steve Atwood, Chief Operations Officer.
The Board expressed their appreciation to Bruce Liggett and the Society of St. Vincent
DePaul for the effort being made to provide shelter for the homeless.
Mr. Zabilski, Executive Director, Society of St. Vincent DePaul, commented on the
Homeless Campus and how it serves as a model across the country. St. Vincent
DePaul is honored to be partnered with the County on this endeavor.
Motion to approve by Supervisor Chucri, seconded by Supervisor Barney
Ayes: Hickman, Kunasek, Chucri, Barney, 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. RENO PROPERTY
Case #: CPA2014001
Supervisor District: 4
Owner: William Reno
Request: Comprehensive Plan Amendment (CPA) to the White Tank/Grand Avenue Area
Plan to change the land use designation from Open Space to Neighborhood Retail Center.
CPA case approval is by Resolution.
Site Location: Generally located approximately 300’ east of the southeast corner of
Harmony Ln. and 117th Ave. on the south side of Harmony Ln. in the Peoria area
Commission Recommendation: On 7/21/16, the Commission voted 6-0 to recommend
approval of CPA2014001 subject to conditions ‘a’ – ‘c’:
Provided the following conditions are met:
a. Development of the site shall be in conformance with the Narrative Report entitled
“Comprehensive Plan Amendment for Reno RV/Boat Storage” including the land use
exhibit (8 total pages) dated stamped received December 15, 2015, except as modified by
the following conditions.
b. The land use designation of Neighborhood Retail Center approved as part of
CPA2014001 shall be subject to the time limits set forth in the subsequent Special Use
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Wednesday, August 17, 2016
Page 4 of 50
Permit, and shall change to the previous Open Space land use designation upon Special
Use Permit expiration.
c. 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 owner to enjoy uses in excess of those permitted by the land use existing on the
date of application, subject to conditions. In the event of the failure to comply with any
condition of approval, the property shall change to the land use designation that existed on
the date of application. It is, therefore, stipulated and agreed that such change 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 change. (C-44-17-004-M-00)
Motion to concur with the recommendation of the Planning Commission by Supervisor
Barney, seconded by Supervisor Gallardo
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
PZ-2. RENO PROPERTY
Case #: Z2014003
Supervisor District: 4
Owner: William Reno
Request: Special Use Permit (SUP) for Trailer, RV and Boat Storage in the Rural-43
zoning district
Site Location: Generally located approximately 300’ east of the southeast corner of
Harmony Ln. and 117th Ave. on the south side of Harmony Ln. in the Peoria area
Commission Recommendation: On 7/21/16, the Commission voted 6-0 to recommend
approval of Z2014003 subject to conditions ‘a’ – ‘j’:
Provided the following conditions are met:
a. Development of the site shall comply with the Site Plan entitled “Reno RV/Boat Storage“,
consisting of 1 full-size sheets, dated August 10, 2015, and stamped received August 16,
2015 except as modified by the following conditions.
b. Development of the site shall be in conformance with the Narrative Report entitled “Reno
RV/Boat Storage”, consisting of 4 pages, dated July 29, 2015, and stamped received
August 16, 2015, except as modified by the following conditions.
c. The owner shall submit for building permits for all existing structures. The owner shall
receive final inspections on all existing structures from Planning and Development within 6
months from Board of Supervisors approval of Z2014003.
d. The 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.
e. This Special Use Permit shall expire 10 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
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Wednesday, August 17, 2016
Page 5 of 50
such termination or expiration.
f. The owner shall submit a written report outlining the status of the development at the end
of 5 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
eth approved conditions.
g. The following Maricopa County Department of Transportation (MCDOT) condition shall
apply:
1. The driveway shall be paved in County right-of-way.
h. The following Planning Engineering conditions shall apply:
1. Provide the required retention volume for the 100 year, 2 hour storm event for the entire
site. Provide documentation that the retention basin(s) will drain within 36 hours.
2. Use a weighted runoff coefficient based on Table 6.3 of the Maricopa County Drainage
Policies and Standards. Note that commercial use, a C coefficient of 0.95 is required.
Retention volume calculated based on pre-development versus post-development
conditions is not allowed.
3. Detailed Grading and Drainage Plans showing the new site improvements must be
submitted for acquisition of building permits.
i. 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.
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-44-17-005-M-00)
Motion to concur with the recommendation of the Planning Commission by Supervisor
Barney, seconded by Supervisor Gallardo
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
PZ-3. HAPPY VALLEY COMMERCE CENTER
Case #: Z2015089
Formal Meeting Minutes
Wednesday, August 17, 2016
Page 6 of 50
Supervisor District: 4
Applicant/Owner: Ed Reichenberg / 5802 & Acquisitions LLC and Scottsdale Investment
Management LLC
Request: Zone change from Rural-43 and R-4 RUPD to C-2
Site Location: Generally located approx. 700’ west from the southwest corner of Happy
Valley Rd. and Vistancia Blvd.
Commission Recommendation: On 7/21/16, the Commission voted 6-0 to recommend
approval of Z2015089 subject to conditions ‘a’ – ‘g’:
Provided the following conditions are met:
a. Development of the site shall be in conformance with the Narrative Report entitled
“Happy Valley Commerce Center”, consisting of 16 pages, dated revised April 11, 2016
and stamped received April 14, 2016 except as modified by the following conditions.
b. The property owner shall submit a ‘will serve’ letter from the Fire District of Sun City
West 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.
c. The following MCDOT comment shall apply:
1. A traffic impact study will be required with any Plan of Development application. Offsite
road improvement requirements along Happy Valley Road are pending the
results/recommendations of the traffic study.
d. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a
revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance.
e. 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.
f. The granting of this change in use of the property has been at the request of the
applicant, with the consent of the landowner. The granting of this approval allows the
property to enjoy uses in excess of those permitted by the zoning existing on the date of
application, subject to conditions. In the event of the failure to comply with any condition,
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.
g. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6,
and ARS § 11-814 for five (5) years for the initial phase and an additional five (5) years
for each subsequent phase, within which time the construction permit for each phase
must be obtained. The applicant shall submit a written report every five years from the
date of Board of Supervisors approval of Z2015089 which details the status of this
project, including progress on obtaining construction permits. The status report to be
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Wednesday, August 17, 2016
Page 7 of 50
administratively reviewed by Planning and Development with the ability to
administratively accept or to carry the status report to the Board of Supervisors (Board),
upon recommendation by the Planning and Zoning Commission (Commission) for
consideration of amendments or revocation of zoning for undeveloped parcels. Status
reports will be required until completion of the construction permits for each zoning parcel
(C-2). (C-44-17-006-M-00)
Motion to concur with the recommendation of the Planning Commission by Supervisor
Barney, seconded by Supervisor Gallardo
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
PZ-4. HIGH DESERT LATTICE TOWER
Case #: Z2016005
Supervisor District: 2
Applicant/Owner: DMM Management on behalf of High Desert Communications / Lewellen
Family Trust
Request: Special Use Permit (SUP) for a Wireless Communication Facility (WCF) - 120’ (h)
lattice tower in the IND-2 zoning district
Site Location: Generally located west of Loop 202 and ¼ mile north of Warner Road in
southeast Mesa.
Commission Recommendation: On 7/21/16, the Commission voted 6-0 to recommend
approval of Z2016005 subject to conditions ‘a’ – ‘i’:
Provided the following conditions are met:
a. Development of the site shall comply with the Zoning Exhibit entitled “HDC Tower”,
consisting of four (4) full-size sheets, stamped received June 10, 2016, 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 nine (9) pages, stamped received
July 11, 2016, 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. 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
amendment to the Special Use Permit.
e. This Special Use Permit shall expire 20 years from the date of approval by the Board of
Supervisors, inactivity of the use 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.
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.
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Wednesday, August 17, 2016
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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-44-17-007-M-00)
Motion to concur with the recommendation of the Planning Commission by Supervisor
Barney, seconded by Supervisor Gallardo
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
PZ-5. CROSSRIVER POINT
Case #: Z2016038
Supervisor District: 4
Applicant & Owner: Empire Residential Communities Fund II, LLC Communications
Request: Modification of Conditions to the R1-6 RUPD zoning district
Site Location: Generally located at the northwest corner of Williams Dr. and 120th Ln. in
the Peoria area
Commission Recommendation: On 7/21/16, the Commission voted 6-0 to recommend
approval of Z2016038 subject to conditions ‘a’ – ‘k’:
Provided the following conditions are met:
a. Development of the site shall comply with the Zoning Exhibit entitled “Crossriver Point
Preliminary Plat“, consisting of 2 full-size sheets, dated July 15, 2015 and stamped
received July 16, 2015 except as modified by the following conditions.
b. Development of the site shall be in conformance with the Narrative Report entitled
“Project Narrative Revised RUPD Crossriver Point”, consisting of 6 pages, dated June 6,
2016, and stamped received June 6, 2016 except as modified by the following conditions
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Wednesday, August 17, 2016
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c. The applicant/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.
d. All buildings are subject to noise attenuation as per ARS § 28-8482(B).
e. Noncompliance with any Maricopa County Regulation or condition of approval shall be
grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County
Zoning Ordinance. 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.
f. The granting of this change in use of the property has been at the request of the
applicant, with the consent of the landowner. The granting of this approval allows the
property owner 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, a hearing shall be scheduled with the Board of Supervisors for consideration to
revert 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.
g. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6,
and ARS § 11-814 for five (5) years for the initial phase and an additional five (5) years for
each subsequent phase, within which time the initial subdivision infrastructure permit or
construction permit for each phase must be approved. The applicant shall submit a written
report every five years from the date of Board of Supervisors approval of Z2015042 which
details the status of this project, including progress on obtaining subdivision infrastructure
and/or construction permits. The status report to be administratively reviewed by Planning
and Development with the ability to administratively accept or to carry the status report to
the Board of Supervisors (Board), upon recommendation by the Planning and Zoning
Commission (Commission) for consideration of amendments or revocation of zoning for
undeveloped parcels. Status reports will be required until completion of the initial
subdivision infrastructure and/or construction permits.
h. Based on the conceptual design nature of the information 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 drainage infrastructure.
i. Any application for site development must include a grading and drainage plan prepared
by a licensed civil engineer in accordance with Planning & Development Form 706
(Preliminary Plat Phase) & Forms 705 & 712B (Final Plat & Building Permit Phase).
j. Any application for development must demonstrate that historic drainage inflow and
outflow flows and characteristics will be maintained.
k. The following R1-6 RUPD standards shall apply:
1) Minimum Lot Width: 50’
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Wednesday, August 17, 2016
Page 10 of 50
2) Minimum Rear Yard: 15’
3) Maximum Lot Coverage: 60%
All other standards of the R1-6 zoning district shall apply. (C-44-17-008-M-00)
Motion to concur with the recommendation of the Planning Commission by Supervisor
Barney, seconded by Supervisor Gallardo
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
REGULAR AGENDA - AGENDA REGULAR
PZ-6. THUNDER RIDGE AIR PARK
Case #: Z2016008
Supervisor District: 4
Applicant/Owner: Beus Gilbert PLLC / Thunder Ridge Air Park HOA
Request: Major Amendment a Special Use Permit (SUP) for a private runway/airstrip in the
Rural-43 zoning district.
Site Location: Generally located south of Joy Ranch Road on the 237th Avenue alignment
in the Morristown area.
Commission Recommendation: On 7/21/16, the Commission voted 6-0 to recommend
approval of Z2016008 subject to conditions ‘a’ – ‘q’:
Provided the following conditions are met:
a. Development of the site shall be in conformance with the Site Plan entitled “Thunder
Ridge Air Park Major SUP Amendment”, consisting of three (3) full-size sheets, dated
stamped received May 6, 2016 except as modified by the following conditions.
b. Development of the site shall be in conformance with the Narrative Report entitled
“Thunder Ridge Air Park Major Special Use Permit Amendment”, consisting of seventeen
(17) pages, dated stamped received June 15, 2016 except as modified by the following
conditions.
c. The Special Use Permit (SUP) may be removed by the Board of Supervisors (BOS)
upon termination of the runway use, or upon determination of noncompliance with the
conditions of SUP approval. If the BOS removes/rescinds/revokes the SUP, all
improvements related specifically to the runway SUP must be removed within 60 days of
such termination.
d. A status report shall be required every ten (10) years from the approval date and/or
proposal to expand the number of lots served by the runway or to modify flight patterns.
Luke Air Force Base and the Federal Aviation Administration must be notified of these
changes.
e. The Special Use Permit (SUP) shall be limited to the use of the owners and guests of
lots with direct frontage onto the east or west side of the 2,641 ft. runway/taxiway as
illustrated in condition ‘a’.
Formal Meeting Minutes
Wednesday, August 17, 2016
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f. The following Drainage Plan Review stipulations shall apply:
1. All development and engineering design shall be in conformance with the Drainage
Regulation and current engineering policies, standards and best practices at the time of
application for construction.
2. Drainage review of planning and/or zoning cases is for conceptual design only and does
not represent final design approval nor shall it entitle applicants to future designs that are
not in conformance with the Drainage Regulations and design policies and standards.
g. The following Maricopa County Department of Transportation (MCDOT) stipulation shall
apply:
1. Provide a total half-width of 40 feet R/W on Joy Ranch Rd.
2. Provide a total half-width of 65 feet R/W on 235th Ave.
h. Development of the site shall be in compliance with all applicable Maricopa County Air
Quality rules and regulations.
i. The following MCESD condition shall apply:
If, in the future, a review finds that the Thunder Ridge water system meets the criteria as a
Public Water System, it must come into compliance as a PWS within 1 year of notification.
j. Prior to any future development, a Floodplain Clearance will need to be obtained from the
Floodplain Management and Services Division of the Flood Control District as a part of the
building permit process.
k. Development and use of the site shall comply with requirements for fire protection
measures as deemed necessary by the Circle City Morristown Volunteer Fire Department.
Prior to issuance of zoning clearance, the applicant shall seek review and comment from
the applicable fire protection agency, and shall provide written confirmation that the site will
be developed in accordance with their requirements.
l. Prior to zoning clearance, developer(s) and/or builder(s) shall establish emergency fire
protection services, covering all real property contained within the project area during
course of construction and shall obtain a ‘will serve’ letter substantiating coverage from the
appropriate Fire Department servicing the site.
m. The applicant or his successor shall obtain approval of any development plans from the
Office of the Arizona State Fire Marshal prior to any construction.
n. 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.
o. 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).
p. Non-compliance with the regulations administered by the Maricopa County
Environmental Services Department, Maricopa County Department of Transportation,
Drainage Plan Review Division, Planning and Development Department, or the Flood
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Wednesday, August 17, 2016
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Control District of Maricopa County may be grounds for initiating a revocation of this
Special Use Permit as set forth in the Maricopa County Zoning Ordinance.
q. The granting of this change in use of the property has been at the request of the
applicant, with the consent of the landowners. The granting of this approval is temporary
and allows the property to enjoy uses in excess of those permitted by the zoning existing
on the date of application, subject to conditions and stipulations. In the event of the failure
to comply with any condition or stipulation, 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 stipulations, 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-44-17-009-M-00)
Darren Gerard, Deputy Director, Planning and Development, provided background on
the item and explained the request is three-fold. The first request is to remove the
expiration date of the Special Use Permit (SUP). The Commission recommended
removal of the expiration date and to require a status report every 10 years. The second
request is that the airstrip’s limitation to 14 lots be expanded to use lots adjacent to the
2,600 foot airstrip totaling approximately 18 lots. The third request concerns the runway
protection zone and the waiver of the 1,000 foot protection zone since this is not a
Federal Aviation Administration (FAA) airstrip.
Mr. Gerard and the applicant’s representative, Paul Gilbert, answered questions from
the Board concerning the SUP expiration and the waiver being brought forward. The
applicant stated the proximity of the Trilby Wash and the likelihood of any development
in the area to be non-existent is the basis for their request.
Sam Coppersmith made an argument that the staff report does not indicate they looked
into the FAA requirements and noted that the FAA does not care about local zoning. He
stated if the waiver is granted then property rights are going to be taken away. He noted
there is a notation on the site plan that directs what can happen on adjacent properties.
Mr. Coppersmith presented entitlements that could be affected and asked that a
stipulation be added that the applicant would repay the County for any costs that may
be incurred for development of his client’s property.
Discussion ensued about the safety of the plan. There was a question whether the
Board has the authority to grant this waiver. Bob Swan, Deputy County Attorney,
advised that the Board does have the right to grant this waiver.
Chairman Hickman read the names of the following people who are in favor of this
waiver but did not wish to speak:
Rita Wickstrom
Otto Bischoff
Tina Graham
Jimmy Graham
Cheryl Anderson
Payton Anderson
John E. Anderson
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Wednesday, August 17, 2016
Page 13 of 50
Tom Partin
Bertha Partin
Paul Gilbert addressed the comments from the opposition. He noted how remote the
area is and provided a brief history that stated there has been no change in Trilby Wash
since 1976. When the SUP was originally approved it was not necessary to have a
Runway Protection Zone or Obstacle Free Zone. The County changed the ordinance
after the runway was built and he stated it would be unjust and unfair if the runway was
not allowed to continue its use. There have never been complaints from any of the
residents since 1997. He explained there was an effort to buy the property to the south,
but the applicant faced several obstacles and was unable to do so. Mr. Gilbert stated
safety is promoted with approval of this waiver considering the alignment with the Trilby
Wash, flood zone restrictions preventing building in the area, and other concerns
presented by Mr. Coppersmith.
Discussion was held concerning the current use of the runway, safety measures, the
ordinance and other issues concerning the waiver.
Motion to concur with the recommendation of the Planning Commission for approval by
Supervisor Barney, seconded by Supervisor Gallardo
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
STATUTORY HEARINGS - AUDIENCIAS LEGALES
Clerk of the Board - Secretaria de la Junta
5. 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. PERSON AND LOCATION TRANSFER FOR CVS PHARMACY #3491
Pursuant to A.R.S. § 4-203, approve an application for a Person and Location
Transfer of a Series 09 Liquor License from Patrick Joseph Paul to Jason Barclay
Morris for CVS Pharmacy #3491 from 3655 West Anthem Way, Anthem, Arizona
85086 to 9546 East Riggs Road, Sun Lakes, Arizona 85248. (AZ 09070403)
(Supervisorial District 1) (C-06-17-002-L-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
b. PERSON AND LOCATION TRANSFER FOR WELCH'S GARAGE
Pursuant to A.R.S. § 4-203, approve an application for a Person and Location
Transfer of a Series 06 Liquor License from Randy D. Nations to James William
Boyd Jr. for Welch's Garage from 3636 North Scottsdale Road, Scottsdale Arizona
85251 to 21201 Northwest Grand Avenue, Wittmann, Arizona, 85361. (AZ
06070280) (Supervisorial District 4) (C-06-17-014-L-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
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c. SPECIAL EVENT LICENSE FOR KNIGHTS OF COLUMBUS #12144
Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application
filed by Michael Anthony Granke for Knights of Columbus #12144 at 9728
Palmeras, Sun City, Arizona 85373 to be held on Saturday, October 15, 2016 from
5:00 pm to 10:00 pm. (Supervisorial District 4) (C-06-17-023-L-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
d. SPECIAL EVENT LICENSE FOR ST. KATHERINE GREEK ORTHODOX
CHURCH
Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application
filed by Evangelia Archuleta for St. Katherine Greek Orthodox Church at 2716 North
Dobson Road, Chandler, Arizona 85224 to be held on the following dates:
(Supervisorial District 1) (C-06-17-048-L-00)
Friday, September 30, 2016 from 4:00 pm to 12:00 am
Saturday, October 1, 2016 from 10:00 am to 12:00 am
Sunday, October 2, 2016 from 10:00 am to 11:00 pm
Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
6. IMPACT STATEMENT HEARING FOR THE PROPOSED AVONDALE COUNTY ISLAND
FIRE DISTRICT
Pursuant to A.R.S. § 48-851(A), convene the scheduled public hearing for the proposed
Avondale County Island Fire District. The Board will hear those who appear for and/or
against the creation of the proposed county island fire district and shall determine whether
the creation of the county island fire district will promote the public’s health, comfort,
convenience, necessity or welfare.
If the Board determines that the public health, comfort, convenience, necessity or welfare
will be promoted, it shall approve the impact statement and authorize the persons
proposing the county island fire district to circulate petitions.
The boundaries of the proposed county island fire district will be those unincorporated
county areas within the City of Avondale's Municipal Planning Area (MPA) as set forth and
shown on the attached map. The county island fire district will include 877 unincorporated
parcels located within Avondale's MPA. (Supervisorial Districts 4 and 5) (C-06-17-035-M-
00)
Charles Crane, resident, stated he is in opposition because there is currently no access
to his property for fire trucks. He stated that in 43 years no one has ever been able to
get a fire truck or ambulance down the canal road and it would be unfair to tax his
property for fire protection when he could not receive fire protection.
Mike Ramirez, resident, did not wish to speak, but was in opposition to the effort.
Bruce Jenkins, resident, stated the closest fire station to his home is 2-3/4 miles to the
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Wednesday, August 17, 2016
Page 15 of 50
north. He said because of where his property is located the response time from
Avondale would be the same as Rural Metro. Mr. Jenkins noted there is no fire hydrant
near his house so a tanker truck would be needed if there was a fire. Avondale Fire
Department does not have a tanker truck. The difference in being taxed and a Rural
Metro subscription would not be worth the tax increase.
Robin Maddux, resident, explained that the tax increase is more than a Rural Metro
subscription and the residents in his area are retired and cannot afford the additional
tax.
Louis Michelina, resident, explained his opposition to the formation of the district. He
stated his subscription to Rural Metro Fire Service is $216 per year and if the district is
formed his taxes will be $798 for the same fire service to his property. He said residents
on fixed incomes can't afford paying taxes for a service they might not use.
Supervisor Barney clarified that the Board only has ministerial authority to approve the
submitted impact statement, and authorize the proponents to gather signatures on
petitions and have a conversation on the pros and cons of the formation with residents.
The action today is not to approve the district.
Karen Carter, resident, said she is happy with her current service and doesn't want
Avondale to move into her neighborhood. She stated she is against the formation.
Mark Shepherd, resident, provided his location and stated he gets no response for any
type of public safety. He is against the formation because he is on a fixed income and
cannot afford the increase in taxes, nor does he want anything to do with the City of
Avondale. He said he does not see how this action will be of any benefit to his property.
~ Supervisor Chucri left the meeting during Mr. Flynn’s comments ~
John Flynn, representing the formation board and the City of Avondale, stated that the
City of Avondale and Rural Metro began to look at fire service provided to county
islands in the Avondale Municipal Planning Area (MPA). He explained that there is not
enough business within the county islands to generate funding for Rural Metro to build
fire stations. Mr. Flynn explained that a county island fire district is a contract
mechanism. Unfortunately Rural Metro facilities are far removed from the county islands
and the formation of this type of fire district allows for a contract to be executed with the
City’s fire department to provide fire service to these county islands. Mr. Flynn explained
how the costs and taxes are determined and that Rural Metro is in agreement that the
formation of this county island fire district is the best resolution to provide fire services.
~ Supervisor Chucri returned to the meeting ~
Supervisor Gallardo commented that a conversation with the property owners should
have been held before this hearing. Mr. Flynn explained that mailers from the City of
Avondale were sent out several times; the County sent out mailers, and notices were
published in the newspaper. Supervisor Gallardo asked that in the future this type of
discussion happen before the hearing.
Motion to approve by Supervisor Gallardo, seconded by Supervisor Kunasek
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
7. IMPACT STATEMENT HEARING FOR THE PROPOSED POMELO PARK IRRIGATION
WATER DELIVERY DISTRICT
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Wednesday, August 17, 2016
Page 16 of 50
Pursuant to A.R.S. § 48-261 and § 48-263, convene the scheduled public hearing on the
impact statement for the proposed Pomelo Park Irrigation Water Delivery District.
The Board of Supervisors will hear those who appear for and against the proposed district
and shall determine whether the creation of the irrigation water delivery district will promote
public health, comfort, convenience, necessity, or welfare. If the Board determines that the
public health, comfort, convenience, necessity, or welfare will be promoted, it shall approve
the irrigation water delivery district impact statement, a bond of $250, and authorize the
persons proposing the irrigation water delivery district to circulate petitions.
The proposed irrigation water delivery district is the Pomelo Park and Pomelo Park Annex
combined subdivisions located in the City of Phoenix consisting of 63.92 acres and 191
lots. (Supervisorial District 3). (C-06-17-006-M-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
AGENCY ITEMS AND STATUTORY MATTERS
ARTÍCULOS DE AGENCIA Y ASUNTOS REGLAMENTARIOS
COUNTY OFFICERS - OFICIALES DE CONDADO
County Attorney - Procurador del Condado
8. SALARY ADJUSTMENT
Approve a retroactive salary adjustment for Maureen Feeney, Attorney, to increase her
base rate from $28.08 to $29.56 effective March 16, 2015. On March 16, 2015, Ms. Feeney
was eligible for an end of probation increase but due to an oversight, she was not given
this increase. (C-19-17-005-M-00)
Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
9. GRANT FUNDING AND BUDGET ADJUSTMENT FROM THE ARIZONA AUTO THEFT
AUTHORITY
Approve the acceptance of additional grant funds from Arizona Auto Theft Authority, in the
amount of $2,820 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. This grant
agreement commences retroactively on July 1, 2016 and will terminate on June 30, 2017.
Also approve the following budget adjustments:
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 $2,820.
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.
Formal Meeting Minutes
Wednesday, August 17, 2016
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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 of 15.2%
for FY17, the recoverable indirect cost of administering these additional grant funds is $0;
the non-recoverable indirect cost for the additional funds is $428.
(C-19-17-001-M-01)
Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
10. LEGISLATIVE APPROPRIATION FOR FELONY PRETRIAL INTERVENTION
PROGRAM
Approve the acceptance of the Senate Bill 1526, Section 144 felony pretrial intervention
program appropriation in the amount of $250,000. Funds shall be used for the
administration of a felony pretrial intervention program. The legislative appropriation of
$250,000 is one-time funding from the Health Services Lottery Monies Fund in FY2017 for
administration of a Felony Pretrial Intervention Program.
Also approve:
Increase the revenue and expenditure authority for the County Attorney (D190) County
Attorney Grants Fund (219) Non Recurring Non Project (1001) by an amount not to exceed
$250,000.
Grant revenues are not local revenues for the purpose of the constitutional expenditure
limitation, and therefore, expenditure of the funds is not prohibited by the budget law. The
approval of this action requested does not alter the budget constraining the expenditures of
local revenues duly adopted by the Board pursuant to A.R.S. §42-17105.
This appropriation 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 of 15.2% for FY17, the recoverable indirect cost of administering
these additional grant funds is $0; the non-recoverable indirect cost for the additional funds
is $38,000.
These monies are to be distributed to the Maricopa County Attorney’s Office by the
Administrative Office of the Courts. The Maricopa County Attorney’s Office currently
administers a program that allows individuals who are charged with Felonies to avoid
prosecution by successfully completing a treatment program tailored to their individual
needs. (C-19-17-006-M-00)
Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
Elections - Elecciones
11. BUDGET ADJUSTMENT FOR ELECTRONIC POLL BOOKS
In accordance with A.R.S. §42-17106(B), authorize the following transfer of expenditure
authority in the FY 2017 expenditure budget:
a) Decrease the expenditure authority for the Non Departmental (D470) General Fund
(100) Non Recurring Non Project (1001) in the line unreserved contingency (4711) budget
by $250,000;
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Wednesday, August 17, 2016
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b) Increase the expenditure authority in the Elections Department (D210) General Fund
(100) Primary General Election Cycle Spending (ELE1) budget by $250,000 for one-time
expenditures;
These actions will have a County-wide net impact of zero and they do not alter the budget
constraining expenditure of local revenues duly adopted by the Board pursuant to A.R.S.
§42-17105.
Approval of this action allows the Elections Department to purchase 100 additional tablet
devices and related peripherals under the existing requirements contract with Robis
Elections Inc. (Serial 13-29 RFP) and to implement the more user friendly and economical
electronic poll books at polling locations. (C-21-17-002-2-00)
Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
Sheriff - Alguacil
12. IGA WITH GILA COUNTY FOR DETENTION ACADEMY TRAINING
Approve an Intergovernmental Agreement between Gila County and Maricopa County
through the Sheriff's Office, in the not-to-exceed amount of $150 per participant. The
purpose of this IGA is to allow Gila County detention recruits to attend Sheriff’s Detention
Training Academies. This IGA is effective from June 1, 2016 until June 30, 2020. The
Sheriff's Office conducts several detention academies throughout the year. The cost is for
supplies. (C-50-16-117-3-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Barney
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
13. MOU WITH CITY OF EL MIRAGE FOR SHARING LAW ENFORCEMENT
INFORMATION
Approve a Memorandum of Understanding between the City of El Mirage on behalf of El
Mirage Police Department and Maricopa County through the Sheriff's Office, for the
purpose of enhancing the effectiveness of law enforcement to respond to criminal threats
by increasing information sharing related to crime and criminal activities among federal,
state, local and tribal law enforcement partners so that public safety is enhanced and the
Nation’s critical infrastructure in Arizona is protected. This Memorandum of Understanding
is non-financial and is effective from the day it is fully executed and will continue until either
agency provides sixty (60) days prior written notice with intent to terminate. (C-50-17-002-
3-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Barney
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
14. MOU WITH MARICOPA COUNTY ADULT PROBATION DEPARTMENT FOR SHARING
LAW ENFORCEMENT INFORMATION
Approve a Memorandum of Understanding between Maricopa County Adult Probation
Department and Maricopa County Sheriff's Office, for the purpose of enhancing the
effectiveness of law enforcement to respond to criminal threats by increasing information
sharing related to crime and criminal activities among federal, state, local and tribal law
enforcement partners so that public safety is enhanced and the Nation’s critical
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Wednesday, August 17, 2016
Page 19 of 50
infrastructure in Arizona is protected. This Memorandum of Understanding is non-financial
and is effective from the day it is fully executed and will continue until either agency
provides sixty (60) days prior written notice with intent to terminate. (C-50-17-003-3-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Barney
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
15. MOU WITH CITY OF AVONDALE FOR SHARING LAW ENFORCEMENT
INFORMATION
Approve a Memorandum of Understanding between the City of Avondale on behalf of
Avondale Police Department and Maricopa County through the Sheriff's Office, for the
purpose of enhancing the effectiveness of law enforcement to respond to criminal threats
by increasing information sharing related to crime and criminal activities among federal,
state, local and tribal law enforcement partners so that public safety is enhanced and the
Nation’s critical infrastructure in Arizona is protected. This Memorandum of Understanding
is non-financial and is effective from the day it is fully executed and will continue until either
agency provides sixty (60) days prior written notice with intent to terminate. (C-50-17-004-
3-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Barney
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
16. MOU WITH ARIZONA ATTORNEY GENERAL’S OFFICE FOR SHARING LAW
ENFORCEMENT INFORMATION
Approve a Memorandum of Understanding between Arizona Attorney General's Office on
behalf of the Criminal Division and Maricopa County through the Sheriff's Office, for the
purpose of enhancing the effectiveness of law enforcement to respond to criminal threats
by increasing information sharing related to crime and criminal activities among federal,
state, local and tribal law enforcement partners so that public safety is enhanced and the
Nation’s critical infrastructure in Arizona is protected. This Memorandum of Understanding
is non-financial and is effective from the day it is fully executed and will continue until either
agency provides sixty (60) days prior written notice with intent to terminate. (C-50-17-005-
3-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Barney
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
17. MOU WITH CITY OF BUCKEYE FOR SHARING LAW ENFORCEMENT INFORMATION
Approve a Memorandum of Understanding between City of Buckeye on behalf of Buckeye
Police Department and Maricopa County through the Sheriff's Office, for the purpose of
enhancing the effectiveness of law enforcement to respond to criminal threats by
increasing information sharing related to crime and criminal activities among federal, state,
local and tribal law enforcement partners so that public safety is enhanced and the Nation’s
critical infrastructure in Arizona is protected. This Memorandum of Understanding is non-
financial and is effective from the day it is fully executed and will continue until either
agency provides sixty (60) days prior written notice with intent to terminate. (C-50-17-006-
3-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Barney
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
18. DONATIONS TO SHERIFF'S OFFICE
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Wednesday, August 17, 2016
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Approve the acceptance of the following donations totaling $3,400 to the Maricopa County
Sheriff’s Office for MCSO Community Outreach Programs related to Domestic Violence: 1)
Tony's Cocktail Lounge - $1000, 2) Marino's - $300, 3) 5030 Lounge -$300, 4) The Other
Room - $300, 5) Dave's On Northern - $500, 6) Dave and Lori Delos - $1000.
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
expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105.
(C-50-17-009-D-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Barney
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
19. TRANSFER OF OWNERSHIP OF RETIRING K-9
Approve the transfer of ownership of retiring K-9 Fredy, #K105, to his handler Deputy
Anthony Williams SN #1901. Fredy is a seven year old Belgian Malinois/ Czech Shepherd
Mix. This canine has a history of heart worm disease and it has rendered him to become
exercise intolerant rendering him no longer useful as a working K-9 in the Sheriff’s Office.
(C-50-17-007-M-00)
THIS ITEM REQUIRES A UNANIMOUS VOTE OF THE BOARD.
Motion to approve by roll call vote by Supervisor Chucri, seconded by Supervisor
Barney
A roll call vote was taken with the following results:
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
Superintendent of Schools - Education Service Agency - Superintendente de Escuelas -
Agencia de Servicio de Educación
20. GRANT FUNDS FROM FREEPORT-MCMORAN FOUNDATION FOR MATH 20/20
Approve the acceptance of $388,530 in grant funds from the Freeport-McMoRan
Foundation. The two year grant period is from July 1, 2016 through June 30, 2018.
The department's indirect cost rate for FY 2017 is 9.6%. The recoverable indirect cost of
this grant is $28,780; the non-recoverable indirect cost is $5,756. Grant revenues are not
"local revenues" for the purpose of the constitutional expenditure limitation, and therefore
expenditure of the funds is not prohibited by the budget law. This budget request does not
alter the budget constraining the expenditure of local revenues duly adopted by the Board
pursuant to A.R.S. §42-17105. Authorize the Chairman of the Board of Supervisors, or
designee, to sign all documents related to this award. (C-37-17-001-G-00)
Motion to approve by Supervisor Kunasek, seconded by Supervisor Barney
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
JUDICIAL BRANCH - PODER JUDICIAL
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Wednesday, August 17, 2016
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Adult Probation - Libertad Condicional de Adultos
21. PERMANENT ADDITIONS TO THE FLEET AND EXEMPTION FROM MARKINGS AND
ISSUANCE OF NON-GOVERNMENTAL LICENSE PLATES
Approve a permanent addition to the fleet of three (3) vehicles. One (1) of these vehicles
will be purchased using operating funds that exist within Adult Probation’s General Fund
(Fund 100) at an estimated cost of $25,000. Two (2) of these vehicles will be purchased
using operating funds that exist within Adult Probation’s Detention Fund (Fund 255) at an
estimated cost of $50,000.
Also, approve an exemption from markings and issuance of non-governmental license
plates per A.R.S. §38-538.03 because these vehicles will be used to provide surveillance
and supervision of convicted felons residing in the community and the location and
apprehension of felony absconders. Markings are detrimental to the mission. These will be
take home vehicles because surveillance and apprehension are not regularly scheduled
assignments with set hours. The vehicle information, including make, model, year, color
and VIN number will be provided to the Clerk of the Board upon approval of this agenda
and purchase of the vehicles.
Direct the Office of Management and Budget to adjust the Vehicle Replacement Fund as
necessary in future years to accommodate these vehicles being added to the permanent
fleet.
FY2016-17 additional operating expenses for these vehicles are estimated to be
approximately $2,500 for the General Fund vehicles and $5,000 for the Detention Fund
vehicles. These costs will be absorbed in this department’s respective operating budgets.
Two (2) of these vehicles replace two (2) state vehicles that have past their useful life, have
not been replaced by the state, and were never part of the County’s vehicle fleet. One (1)
of these vehicles replaces a one-time fleet addition grant-funded vehicle #52914 that has
passed its useful life and the grant term expired with no replacement funding.
The annual savings from the state lease for the two (2) vehicles being replaced is
estimated at $2,310. These funds will be used to offset fuel and repair costs for the three
(3) new vehicles. (C-11-17-001-V-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
Superior Court - Tribunal Superior
22. APPOINT SUPERIOR COURT COMMISSIONER AS SUPERIOR COURT JUDGE PRO
TEMPORE
In accordance with Arizona Revised Statutes § 12-141, approve the appointment of Court
Commissioner David W. Garbarino as a Superior Court Judge Pro Tempore in accordance
with Arizona Revised Statutes § 12-141. The appointment will be for the period
commencing September 1, 2016 through June 30, 2017.
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 caseflow management. Court Commissioner David
W. Garbarino would serve as a Superior Court Judge Pro Tempore without any additional
compensation other than that to which he is entitled as a Court Commissioner. The
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Page 22 of 50
appointment will be for the period commencing September 1, 2016 through June 30, 2017.
(C-80-17-001-2-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
23. TRANSFER OF FUNDS FROM SUPERIOR COURT LAW LIBRARY FUND TO
SUPERIOR COURT BUILDING REPAIR FUND
Authorize a transfer from the Law Library Fund (261) to the Superior Court Building Repair
Fund (280) in the amount of $225,000. Per A.R.S. § 42-17106(B), approve the following
budget adjustments:
a) Approve an increase to the FY 2017 Superior Court (800) Law Library Fund (261) Non
Recurring Non Project (1001) expenditure appropriation of $225,000.
b) Approve an increase to the FY 2017 Superior Court (800) Building Repair Fund (280)
Non Recurring Non Project (1001) revenue appropriation of $225,000.
c) Approve offsetting revenue and expenditure adjustments in the Eliminations (980)
Eliminations Fund (900) Non Recurring Non Project (1001) budget of ($225,000).
d) Approve an increase to the FY 2017 Superior Court (800) Building Repair Fund (280)
Non Recurring Non Project (1001) expenditure appropriation of $380,938
e) Approve a decrease to the FY 2017 Non Departmental (470) Non Departmental Grants
Fund (249) Non Recurring Non Project (1001) Unassigned Contingency expenditure
appropriation of ($380,938).
These adjustments will fund additions, alterations and repairs to the various courthouse
buildings in Maricopa County as approved by the Presiding Judge of Superior Court. These
actions will have a County-wide net impact of zero and they do not alter the budget
constraining the expenditure of local revenue duly adopted by the Board pursuant to A.R.S.
§42-17105.
A.R.S. § 12-305(C) allows the use of the Law Library fund balance in excess of $3,000 to
be transferred to a building repair fund for additions, alternations and repairs to a
courthouse with the approval of the Board of Supervisors and the concurrence of the Judge
of the Superior Court. The $225,000 of funds transferred from the Law Library fund plus
$3,302 of fund balance in the Superior Court (800) Building Repair Fund (280) will be used
for the additional technology needed in the Law Library Resource Center presently under
construction. In addition, the FY 2017 appropriation is being adjusted for the carryforward
$152,636 which was unspent in FY 2016. (C-80-17-002-2-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
COUNTY OFFICES AND DEPARTMENTS
DEPARTAMENTOS Y OFICINAS DEL CONDADO
Air Quality - Calidad del Aire
24. WITHDRAWAL OF RULE 140 - EXCESS EMISSIONS FROM ARIZONA STATE
IMPLEMENTATION PLAN
Approve Maricopa County Air Quality Department (MCAQD) to withdraw Rule 140 (Excess
Emissions) of the Maricopa County Air Pollution Control Regulations from the (Arizona)
State Implementation Plan (SIP).
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Wednesday, August 17, 2016
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Maricopa County Air Pollution Control Regulation Rule 140 grants sources an affirmative
defense if there are emissions in excess of an applicable emissions limitation due to
malfunction, startup and shutdown. Rule 140 is currently in the (Arizona) SIP and is, both,
locally and federally enforceable. In May 2015, the U.S. Environmental Protection Agency
(EPA) determined that affirmative defenses should not be allowed in the SIP and set a
deadline of November 2016 for withdrawal of Rule 140 from the (Arizona) SIP. To comply
with the EPA’s deadline, MCAQD is requesting that the Board of Supervisors approve the
removal of Rule 140 from the (Arizona) SIP. Rule 140 will remain locally enforceable but
will no longer be federally enforceable. Permit fees are not changing due to this action. (C-
85-17-004-M-00)
Blue Crowley, resident, commented on the need for a better mass transit system. He
noted there had been air quality warnings for seven to ten days so far this summer. He
stated there are draconian measures on the horizon because of the lack of commitment
to better air quality by several entities.
Motion to approve by Supervisor Barney, seconded by Supervisor Chucri
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
Animal Care and Control Services - Servicios de Control y Cuidado de Animales
25. TERMINATION OF IGA WITH ARIZONA DEPARTMENT OF CORRECTIONS FOR
INMATE LABOR FORCE
Terminate the IGA with Arizona Department of Corrections for inmate labor force (C-79-16-
107-3-00) between Arizona Department of Corrections, and Maricopa County Animal Care
and Control. Authorize the Director of Animal Care and Control to execute termination to
Arizona Department of Corrections for any and all inmate labor within Animal Care and
Control located at 2630 W. Rio Salado Pkwy, Mesa, AZ 85201. The effective date of
termination is July 31, 2016.
The contract was entered into for one (1) year with the Arizona Department of Corrections
for an inmate labor force to support the internal housekeeping/janitorial landscaping, and
light maintenance services of the County animal shelter, located at 2630 W Rio Salado
Parkway, Mesa, AZ 85201. (C-79-16-107-3-01)
Motion to approve by Supervisor Barney, seconded by Supervisor Chucri
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
26. KENNEL PERMIT FOR FRIENDS FOR LIFE
Approve kennel permit #K17-000010 pursuant to A.R.S. §11-1009 for Friends for Life, 143
W. Vaughn Ave, Gilbert, AZ 85233, in District 2 for the term of June 8, 2016 through June
7, 2017. The cost of a kennel permit is $328. (C-79-16-025-L-01)
Motion to approve by Supervisor Barney, seconded by Supervisor Chucri
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
27. KENNEL PERMIT FOR EYE DOG FOUNDATION
Approve kennel permit #K17-000020 pursuant to A.R.S. §11-1009 for Sue Kunz, d.b.a. Eye
Dog Foundation Kennels, 8252 S. 15th Ave, Phoenix, AZ 85041, District 5 for the term of
July 1, 2016 through June 30, 2017. The cost of a kennel permit is $328. (C-79-16-009-L-
01)
Formal Meeting Minutes
Wednesday, August 17, 2016
Page 24 of 50
Motion to approve by Supervisor Barney, seconded by Supervisor Chucri
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
28. KENNEL PERMIT FOR BUCKEYE BULLDOGGES
Approve kennel permit #K17-000060 pursuant to A.R.S. §11-1009 for Donna Williams,
d.b.a. Buckeye Bulldogges, 13411 S. 208th Ave, Buckeye, AZ 85326, in District 5 for the
term of July 14, 2016 through July 13, 2017. The cost of a kennel permit is $328. (C-79-16-
013-L-01)
Motion to approve by Supervisor Barney, seconded by Supervisor Chucri
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
29. KENNEL PERMIT FOR USA PUREBRED LABS LLC
Approve kennel permit #K17-000055 pursuant to A.R.S. §11-1009 for Tracy Thomas,
d.b.a. USA Purebred Labs LLC Kennels, 27828 N 143rd St, Scottsdale, AZ 85262, in
District 2 for the term of August 1, 2016 to July 31, 2017. The cost of a kennel permit is
$328 (C-79-16-008-L-01)
Motion to approve by Supervisor Barney, seconded by Supervisor Chucri
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
30. NEW HOPE AGREEMENT WITH CHESAPEAKE BAY RETRIEVER RELIEF &
RESCUE
Approve an agreement between Chesapeake Bay Retriever Relief & Rescue, a 501(C) 3
corporation and Maricopa County to allow Chesapeake Bay Retriever Relief & Rescue
under the New Hope Program to rescue animals that have been deemed eligible for the
New Hope program. Maricopa County will provide a rabies vaccination, dog license tag
and new owner transfer fee within the first year of rescue for each dog three months of
age or older at no cost to the Contractor. The cost for these services is $41 for each
animal rescued. Animal Care and Control estimates 2 new hope rescues over the term of
the agreement, for a total of $82. The term of this Agreement is from July 1, 2016
through June 30, 2017. (C-79-17-006-3-00)
Motion to approve by Supervisor Barney, seconded by Supervisor Chucri
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
31. NEW HOPE AGREEMENT WITH MEDICAL ANIMALS IN NEED
Approve an agreement between Medical Animals In Need, a 501(C) 3 corporation and
Maricopa County to allow Medical Animals In Need under the New Hope Program to
rescue animals that have been deemed eligible for the New Hope program. Maricopa
County will provide a rabies vaccination, dog license tag and new owner transfer fee within
the first year of rescue for each dog three months of age or older at no cost to the
Contractor. The cost for these services is $41 for each animal rescued. Animal Care and
Control estimates 165 new hope rescues over the term of the agreement, for a total of
$6,765. The term of this Agreement is from July 1, 2016 through June 30, 2019. (C-79-17-
007-3-00)
Motion to approve by Supervisor Barney, seconded by Supervisor Chucri
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
32. NEW HOPE AGREEMENT WITH SAVING ORPHAN SOULS RESCUE
Formal Meeting Minutes
Wednesday, August 17, 2016
Page 25 of 50
Approve an agreement between Saving Orphan Souls Rescue, a 501(C) 3 corporation and
Maricopa County to allow Saving Orphan Souls Rescue under the New Hope Program to
rescue animals that have been deemed eligible for the New Hope program. Maricopa
County will provide a rabies vaccination, dog license tag and new owner transfer fee within
the first year of rescue for each dog three months of age or older at no cost to the
Contractor. The cost for these services is $41 for each animal rescued. Animal Care and
Control estimates 20 new hope rescues over the term of the agreement, for a total of $820.
The term of this Agreement is from July 1, 2016 through June 30, 2017. (C-79-17-008-3-
00)
Motion to approve by Supervisor Barney, seconded by Supervisor Chucri
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
33. DONATIONS FROM FRIENDS OF ANIMAL CARE & CONTROL TO FUND THE
MARICOPA COUNTY SNAP PROGRAM
Accept the restricted monetary donation from Friends of Animal Care & Control (FACC’s)
of Phoenix, AZ to fund the Maricopa County Spay/Neuter Voucher Program in the amount
of $26,250. 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 expenditures of local revenues duly adopted by the Board pursuant to
A.R.S. §42-17105. (C-79-17-009-D-00)
Blue Crowley, resident, stated Animal Care and Control should announce any events
that are happening at the beginning of the meeting under Pet Showcase.
Motion to approve by Supervisor Barney, seconded by Supervisor Chucri
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
Correctional Health - Salud Correccional
34. AGREEMENT WITH ARIZONA HEALTH-E CONNECTION FOR TREATMENT
PROGRAM
Approve an Agreement between the Arizona Health-e Connection (AzHeC) and Maricopa
County administered by its Correctional Health Services Department and approve receipt
of funds. The Correctional Health Services Department (CHS) as a local Opioid Treatment
Program partner agreed to participate with AzHeC in the Opioid Treatment Program
Service Continuity Project II and was awarded $40,000 in funds for its participation.
The Agreement is retroactive to May 1, 2016 and shall expire on September 17, 2016. All
funds collected under this agreement will be applied against the costs associated to the
operation of the CHS Opioid Treatment Program. There are no indirect costs collected on
this agreement. Any necessary adjustments to accommodate this item will be made
through a future reconciliation. This agreement does not contain any County General
funds.
The County through its Correction Health Services Department operates an Opioid
Treatment Program and makes opioid treatment services available to all patients when
ordered by a Correctional Health Services qualified health professional. (C-26-17-001-3-
00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek
Formal Meeting Minutes
Wednesday, August 17, 2016
Page 26 of 50
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
Finance - Finanzas
35. CAPITAL LEASE DOCUMENTS AND DECLARATION OF OFFICIAL INTENT FOR
FINANCING OF COUNTY DEPARTMENTAL VEHICLES
Authorize the Chairman to approve and execute all capital lease documents (to be
periodically submitted for Board signature by the Department of Finance), including the
“Declaration of Official Intent,” in an amount not to exceed $10,871,840 (principal), as
required for reimbursement of expenditures related to the acquisition of capital assets.
Authorize appropriate departmental representatives to co-sign lease documents pertaining
to their respective departments. All capital lease documents are subject to County Attorney
approval.
Equipment Services Department will be expending funds for General Fund, Detention
Fund, Transportation (HURF) Fund, Spur Cross Ranch Conservation Fund, Lake Pleasant
Recreation Services Fund, and Parks Enhancement Fund vehicles which will be
reimbursed from the proceeds of the capital lease.
The Department of Finance will periodically facilitate the reimbursement from capital leases
during fiscal year 2016-17. Expenditures associated with vehicle purchases will be
periodically bundled for capital lease financing. At which time the interest rate(s) will be bid
and repayment terms and amounts for principal and interest will be known. Capital lease(s)
maturity will be thirteen months. Capital lease financing will be facilitated by the County’s
master personal property lease contract as approved by the Board of Supervisors on
August 19, 2015 and January 13, 2016.
There is a need for the County to enter into capital leases for vehicle purchases. General
Fund, Detention Fund, Transportation (HURF) Fund, Spur Cross Ranch Conservation
Fund, Lake Pleasant Recreation Services Fund, and Parks Enhancement Fund will
purchase vehicles that will be periodically financed by the master personal property lease
contract for Equipment Services capital purchases.
The Declaration of Official Intent will satisfy the 60-day reimbursement period for
reimbursement of original expenditures, as required by Treasury Regulation §1.150-2(d)(1)
(1993). Capital outlay expenditures from capital lease proceeds and the corresponding
debt service payments for principal and interest are not subject to the County Expenditure
Limitation Report (ELR). Capital leases will extend the debt service payments into the
subsequent fiscal year (FY 2017-18). The benefit to the County for entering into capital
leases is the debt payments are exempt from the ELR. (C-18-17-001-4-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
36. FILL THE GAP LEGISLATION
Certify by authority of A.R.S. § 41-2421("Fill the Gap" legislation) (1) that total revenues
received in Fiscal Year 2015-2016 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 2015-2016
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: (C-18-17-002-2-00)
21.61% to State Aid to County Attorney Fund $ 921,951.61;
20.53% to State Aid to Indigent Defense Fund $ 875,875.36;
Formal Meeting Minutes
Wednesday, August 17, 2016
Page 27 of 50
57.37% to Local Courts Assistance Fund $2,447,587.41;
0.49% to State Treasurer for Department of Law $20,904.96.
Fran McCarroll, Clerk of the Board, noted that changes had been made to the backup
materials for this item, but the changes did not affect the totals.
Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
37. FUNDS TRANSFERS; WARRANTS - TRANSFERENCIAS DE FONDOS; WARRANTS
Approve regular and routine fund transfers, warrant reports 07/06/2016 through
07/21/2016, 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-06-17-034-7-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
Human Resources - Recursos Humanos
38. 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-31-17-002-6-00)
Ranges:
Air Instrument Technician: $20.75-$32.50 ($43,160-$67,600)
Air Instrument Technician Senior: $24.50-$34.85 ($50,960-$72,488)
Air Instrument Technician Supervisor: $28.00-$39.25 ($58,240-$81,640)
Animal Care and Control Manager: $31.75-$50.00 ($66,040-$104,000)
Animal Control Officer: $14.97-$24.75 ($31,138-$51,480)
Animal Control Officer Lead: $17.50-$26.00 ($36,400-$54,080)
Animal Control Supervisor: $22.15-$30.90 ($46,072-$64,272)
Animal Health Supervisor: $19.00-$29.00 ($39,520-$60,320)
Animal Health Technician: $13.90-$23.00 ($28,912-$47,840)
Animal Health Technician Lead: $15.75-$24.15 ($32,760-$50,232)
Animal Shelter Supervisor: $19.00-$29.00 ($39,520-$60,320)
Animal Shelter Technician: $13.40-$19.50 ($27,872 -$40,560)
Animal Shelter Technician Lead: $15.00-$23.85 ($31,200-$49,608)
Counselor: $20.92-$33.75 ($43,514-$70,200)
Deputy Director - Finance: $43.54-$68.77 ($90,563-$143,042)
Director - Planning & Development: $50.80-$84.50 ($105,664-$175,760)
Dispatcher: $14.00-$21.65 ($29,120-$45,032)
Emergency Communication Manager: $35.15-$51.00 ($73,112-$106,080)
Emergency Dispatch Supervisor: $24.35-$37.00 ($50,648-$76,960)
Emergency Dispatcher: $19.33-$28.65 ($40,206-$59,592)
Emergency Operator: $17.74-$26.00 ($36,899-$54,080)
Engineer Senior: $34.65-$49.95 ($72,072-$103,896)
Investigations Supervisor (Defense): $27.45-$45.12 ($57,096-$93,850)
Investigator (Defense): $20.66-$37.50 ($42,973-$78,000)
Formal Meeting Minutes
Wednesday, August 17, 2016
Page 28 of 50
Investigator (MCAO): $26.55-$40.10 ($55,224-$83,408)
Investigator Chief (Defense): $36.30-$59.50 ($75,504-$123,760)
Sheriff's Deputy Chief of Administration: $43.62-$70.33 ($90,730-$146,286)
Water Instrument Technician: $20.75-$32.50 ($43,160-$67,600)
Water Instrument Technician Supervisor: $28.00-$39.25 ($58,240-$81,640)
Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
Human Services - Servicios Humanos
39. ADMINISTRATIVE CORRECTION TO THE SUPPORTING DOCUMENT ATTACHMENT
A FOR NOVEL AGENDA FOR THE FY15-16 ANNUAL ACTION PLAN
Approve an Administrative Correction to the supporting document Attachment A for Novel
Agenda for the FY15-16 Annual Action Plans. Attachment A illustrates projects and
activities to be carried out with funding from the U.S. Department of Housing and Urban
Development (HUD).
Attachment A incorrectly listed funding amount for the following activities as:
Maricopa County Housing Improvement Program (mcHIP): $133,011 and CDBG
Contingency: $210,000
Actual funding amounts for the activities are as listed in the Revised Attachment A Novel
Agenda:
Maricopa County Housing Improvement Program (mcHIP): $210,000 and CDBG
Contingency $133,011
Approval of the Administrative Correction will allow for recognition of the funding amounts
for the identified activities. The overall funding amounts from HUD remain unchanged for
the FY15-16. (C-22-15-056-3-02)
Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
Parks and Recreation - Parques y Recreación
40. NEW COMMERCIAL MANAGEMENT CONCESSIONS AGREEMENT WITH FAT BIKE,
LLC DBA SONORAN OUTDOOR ADVENTURES
Approve a new Commercial Management Concessions Agreement with Fat Bike, LLC dba
Sonoran Outdoor Adventures that will allow this Concessionaire to manage, operate and
maintain a commercial concession within the Maricopa County Regional Park System.
Sonoran Outdoor Adventures will provide and maintain guided events such as hiking tours,
mountain biking rentals and tours, and un-motorized watercraft rentals and tours as a
concession to the recreational public within the Maricopa County Regional Park System.
Concessionaire is responsible for all costs associated with the operation, safety,
maintenance, insurance, licensing and permits. The term of this Agreement is from the
Board of Supervisors’ approval through December 31, 2016, with ten (10) one (1) year
automatic renewals, unless either party gives prior notice of intent not to renew. The
Formal Meeting Minutes
Wednesday, August 17, 2016
Page 29 of 50
activities for this concession will be located in all Supervisory Districts. (C-30-17-005-M-00)
Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
41. AMENDMENT TO USE MANAGEMENT AGREEMENT WITH TRES RIOS GOLF, LLC
Approve Amendment Four to the Use Management Agreement (“Agreement”) between
Maricopa County and Tres Rios Golf, LLC, an Arizona Limited Liability Company (C-30-04-
027-1-01) as amended to effectuate administrative changes.
Amendment Four provides for administrative changes in the Agreement to allow Tres Rios
Golf, LLC (the Concessionaire) to make payment arrangements for outstanding audited
late fees, provides for other administrative corrections and also provides the County’s
Director of Parks or designee with the authority and responsibility for proper administration
of the Agreement.
An audit of the Concessionaire payments for years 2012-2013 and 2013-2014 determined
unpaid fees in excess of $14,000.00. A notice was sent and Park’s received a letter from
the Concessionaire requesting a waiver, reduction or payment arrangement for unpaid late
fee charges. The existing Agreement does not allow for any of the actions requested by the
Concessionaire.
Park’s presented the letter request from Tres Rios’ to the Parks and Recreation
Commission at its meeting on May 17, 2016. The Commission recommended payment
arrangements over no more than 12 months for the full amount due.
Parks and the Concessionaire are requesting approval for a payment plan consisting of
$12,571.01 to be payable in eleven (11) monthly increments of $1,047.58 each and one (1)
payment of $1,047.63, payable the 15th of each month. The first payment will be due the
first month after execution of this Amendment by the Board of Supervisors. All other
conditions of the Agreement remain unchanged. This item is located in Supervisory District
No. 4. (C-30-04-027-1-02)
Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
Planning and Development - Planificación y Desarrollo
42. INJUNCTION AGAINST PROPERTY OWNERS
Approve to authorize the County Attorney to investigate and, if investigation warrants, seek
an injunction against property owners of APN 501-47-015D; 8750 N. Dysart Road, El
Mirage, AZ 85335 (Tierrascabe Improvement, Ltd.), APN 501-47-016A, 13333 W. Olive
Avenue, El Mirage, AZ 85335 (International Trade Commodities). The purpose of the
action will be to obtain an Injunction to cease operations of the existing mulching and
firewood operations on the subject properties which constitute a public nuisance. This item
was heard at the August 1, 2016, Executive Session. (C-44-17-010-M-00)
Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
Public Health - Salud Pública
Formal Meeting Minutes
Wednesday, August 17, 2016
Page 30 of 50
43. AMENDMENT TO LEASE AGREEMENT WITH WARREN HALL FOR USE OF OFFICE
SPACE
Approve, and authorize the Chairman to execute Amendment No. 1 to Lease Agreement
(L-7421) between Warren Hall, Lessor and Maricopa County, Lessee, for approximately
4,936 square feet of office space at 430 N. Dobson Road, Mesa, AZ.
This amendment will extend the term of the lease 5 years to commence February 1, 2017
and expire January 31, 2022. The initial rate will increase 3% to $11.02 per square foot
with 3% annual escalations, plus rental tax. The County shall pay for all utilities and
janitorial services. The County may terminate the agreement at the end of a fiscal year for
non-appropriation of funds. (C-86-12-031-1-02)
Motion to approve by Supervisor Kunasek, seconded by Supervisor Gallardo
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
44. AMENDMENT TO CONTRACT WITH DISTRICT MEDICAL GROUP FOR THE
PURCHASE OF ANCILLARY MEDICAL SERVICES
Approve Amendment No. 5 to Request for Proposal (RFP) Contract (PH RFP 11-011)
between District Medical Group (DMG), an Arizona Corporation and Maricopa County
through its Department of Public Health (MCDPH) for the purchase of Ancillary Medical
Services. This Amendment extends the contract period for an additional year beginning
August 1, 2016 ending July 31, 2017. The original term is July 1, 2011, to July 31, 2012,
with the option to renew for 5 additional years. This will be the 5th year. All other terms and
conditions of the original Contract shall remain in full force and effect.
District Medical Group (DMG) was the successful respondent to a Request for Proposal
(PH RFP 11-011) issued by Maricopa County Department of Public Health (MCDPH)
procured under Section MC1-330 of the Maricopa County Procurement Code Competitive
Sealed Proposals. (C-86-12-005-3-05)
Motion to approve by Supervisor Kunasek, seconded by Supervisor Gallardo
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
45. AMENDMENT TO CONTRACT WITH DIGNITY HEALTH FOR COMMUNITY HEALTH
NEEDS ASSESSMENT
Approve an Amendment No. 2 to Contract for completion of a Community Health Needs
Assessment between Dignity Health and Maricopa County by and through its Department
of Public Health (MCDPH) to add 1 additional sites at $5,000 per site per year, in the
amount of $15,000, bringing the aggregate not-to-exceed total amount from $150,000 to
$165,000 with a three (3) year commitment beginning November 1, 2014 through October
31, 2017. This Contract may be extended for an additional three (3) years, not to exceed a
total of six (6) years.
In the past the Department of Public Health has provided such information to the health
clinics and hospitals at no cost. MCDPH has spent several thousands of dollars to produce
and prepare those reports. (C-86-15-049-3-02)
Motion to approve by Supervisor Kunasek, seconded by Supervisor Gallardo
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
46. PROVIDER AGREEMENT WITH SOUTHWEST CATHOLIC HEALTH NETWORK
CORPORATION DBA MERCY CARE PLAN AND MERCY CARE ADVANTAGE
Formal Meeting Minutes
Wednesday, August 17, 2016
Page 31 of 50
Approve a retroactive Provider Agreement between Southwest Catholic Health Network
Corporation dba as Mercy Care Plan and Mercy Care Advantage and Maricopa County
and Clinical Services. This Agreement shall be effective for an initial term of one year
beginning August 1, 2016 and thereafter shall automatically renew for additional terms of
one year each, unless and until terminated in accordance with Article 6.0.
This Agreement allows the Public Health Clinic to bill Mercy Care Advantage, an Arizona
health plan, for reimbursable client services provided at the Public Health Clinic. This
allows the Public Health Clinic to generate additional revenue for the program. The overall
fee fund budget will be adjusted as necessary to accommodate an increase in revenue
through a future reconciliation. (C-86-17-003-3-00)
Motion to approve by Supervisor Kunasek, seconded by Supervisor Gallardo
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
47. PURCHASE ORDERS TO IGA ARIZONA DEPARTMENT OF HEALTH SERVICES FOR
IMMUNIZATION SERVICES
Approve three (3) retroactive Purchase Orders (PO) No., (ADHS13-041805:15), (ADHS13-
041805-16) and (ADHS13-041805-18), to the Intergovernmental Agreement (IGA) Contract
No. (ADHS13-041805), Maricopa County – Immunization Services between Arizona
Department of Health Services (ADHS) and Maricopa County by and through its
Department of Public Health (MCDPH), Office of Community Wellness and Health
Promotion (OCWHP) to provide funding for the Immunization Program for the delivery of
immunization visit for children zero (0) to eighteen (18) years of age; perinatal hepatitis B
case management – Prenatal and Postnatal; School/children Immunization Date Report
(IDR) Management – preparation and submittal; immunization visit for adults nineteen (19)
years of age and older and immunization visit for flu vaccine, in children and adults. The
retroactive is due to the processing time of the fourth PO by ADHS.
Also, approve a retroactive Purchase Order (PO) No., (ADHS13-041805:17) to the
Intergovernmental Agreement (IGA) Contract No. (ADHS13-041805), Maricopa County –
Pan Flu Immunization Activities between Arizona Department of Health Services (ADHS)
and Maricopa County by and through its Department of Public Health (MCDPH), Office of
Community Wellness and Health Promotion (OCWHP) to provide funding for the
Immunization Program for the delivery of Seasonal Pan Flu immunization service.
The total not-to-exceed amount for the four Purchase Orders is $1,493,025.00, for the PO
periods through December 31, 2016. The term of this IGA is January 1, 2014 through
December 31, 2017. The PO amounts are as follows:
1. ADHS13-041805:15 = $182.030.00
2. ADHS13-041805:16 = $86,386.00
3. ADHS13-041805:17 = $141,544.00
4. AHDS13-041805:18 = $1,083,065.00
The Department of Public Health’s indirect rate for FY2016-17 is 15.1%. Full indirect costs
are estimated at $195,870.00 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. All other terms and conditions remain in full force and
effect.
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.
Formal Meeting Minutes
Wednesday, August 17, 2016
Page 32 of 50
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-86-13-074-3-08)
Motion to approve by Supervisor Kunasek, seconded by Supervisor Gallardo
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
48. PURCHASE ORDER TO IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES
FOR PROP 201 – 2017 SMOKE FREE - MARICOPA COUNTY
Approve retroactive Purchase Order (PO) No. (ADHS12-022013:5) to the Fixed Price
Intergovernmental Agreement (IGA) Contract ADHS12-022013, Prop 201 – 2017 Smoke
Free – Maricopa County, between Arizona Department of Health Services (ADHS) and
Maricopa County through its Department of Public Health (MCDPH), Office of Worksite
Health Innovation to provide funding for PROP 201 Education and Compliance Activities
Program. The Program will provide an education component and respond to written, on-
line, and telephone complaints or other means of communication directly received from the
public as provided in the County delegation authority. The PO amount is not-to-exceed
$904,613 for the budget period through June 30, 2017. The IGA term is from July 1, 2012
through June 30, 2017. The retroactive is due to the processing time of the PO by ADHS.
The Department of Public Health’s indirect rate for FY2016-17 is 15.1%. Grant indirect
costs are fully recoverable in the amount of $118,676.00. 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-86-12-
086-3-04)
Motion to approve by Supervisor Kunasek, seconded by Supervisor Gallardo
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
49. PURCHASE ORDER TO IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES
FOR HIV PREVENTION SERVICES
Approve retroactive Purchase Order (ADHS13-034910:5) to Intergovernmental Agreement
(IGA) Contract No. (ADHS13-034910) BTCD Maricopa HIV Prevention Program between
Arizona Department of Health Services (ADHS) and Maricopa County by and through its
Department of Public Health (MCDPH) to provide grant funding for the HIV Prevention
Services. Please approve the approved Contract total of $798,299 (see Item 1) for the
budget period of July 1, 2016 through June 30, 2017. The term is July 1, 2012 through
June 30, 2017. The retroactive is due to the processing time at ADHS.
This grant deviates from County Policy A2505 and does not allow for full indirect cost
reimbursement, but a maximum of 15% salaries and employee related expenses indirect
cost reimbursement. Salaries and employee related expenses are estimated to be
$677,930. The Department of Public Health’s indirect rate for FY2016-2017 is 15.1%. Total
indirect expenses based on full award are estimated to be $104,729 of which $101,690 is
recoverable and $3,039 is not recoverable.
Formal Meeting Minutes
Wednesday, August 17, 2016
Page 33 of 50
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-86-13-
050-3-06)
Motion to approve by Supervisor Kunasek, seconded by Supervisor Gallardo
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
Real Estate - Bienes Raíces
50. AMENDMENT TO CONTRACT WITH UNITED STATES DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION FOR COMMUNICATION SHARING
AGREEMENT
Approve, and authorize the Chairman to execute, Amendment No. 3 to a contract between
the Department of Energy, Western Area Power Administration and Maricopa County. The
purpose of this amendment is to extend the termination date of this contract to September
30, 2020. This amendment is non-financial and effective form September 30, 2016 until
September 30, 2020. All other terms and conditions of the contract remain in full force and
effect. (C-76-04-007-2-03)
Motion to approve by Supervisor Barney, seconded by Supervisor Chucri
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
51. APPLICATION TO ARIZONA STATE LAND DEPARTMENT FOR WIRELESS
COMMUNICATION FACILITY CONSTRUCTION STAGING AREA
Approve application submittal to the Arizona State Land Department (ASLD), for obtaining
authorization to establish a construction / helicopter staging area for the planned Maricopa
County wireless communication facilities at Table Mesa (southeast of Table Mesa Road
and Interstate 17). Authorize the Chairman to execute the Application. Also, in the event
that additional documentation is required by ASLD, authorize the Chief Real Estate Officer
to execute and process the subject application documents on behalf of Maricopa County.
As part of the County’s Radio System Upgrade Project, the subject applications with the
ASLD is the first step in establishing the County’s right to develop a construction /
helicopter staging area for the planned Maricopa County wireless communication facilities
at Table Mesa (southeast of Table Mesa Road and Interstate 17). As part of the ASLD
application process, the County may also be required to pay for an appraisal,
archeological, study, and associated cost. A subsequent Board of Supervisors agenda
items will be submitted to obtain Board authorization if the subject lease application
processing costs are greater than $5,000. (C-70-17-003-3-00)
Motion to approve by Supervisor Barney, seconded by Supervisor Chucri
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
Formal Meeting Minutes
Wednesday, August 17, 2016
Page 34 of 50
Transportation - Transportación
52. ANNEXATION (RIGHT-OF-WAY) BY THE CITY OF BUCKEYE
Pursuant to A.R.S. §9-471(N), approve the annexation by the City of Buckeye of County
right-of-way within: Lower Buckeye Road from Watson Road to 1085’ west of Rainbow
Road, in accordance with Ordinance No. 09-16. (C-64-17-009-M-00)
(General Vicinity: Lower Buckeye Road and Rainbow Road. Supervisory District No. 4)
Motion to approve by Supervisor Barney, seconded by Supervisor Chucri
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
53. CONSULTANT SERVICES CONTRACT WITH TRISTAR ENGINEERING AND
MANAGEMENT, INC. FOR CONSTRUCTION ADMINISTRATION SERVICES
Approve the Consultant Services Contract No. 2016-011 with Tristar Engineering and
Management, Inc. in the amount not-to-exceed $1,568,243.22 for Construction
Administration Services for MCDOT MAG ALCP (ALCP), El Mirage Road: Northern
Avenue to Peoria Avenue Project TT0367.
The construction work on this project consists of roadway improvements for widening of El
Mirage Road to three (3) travel lanes in each direction with raised medians extending from
Northern Avenue to Peoria Avenue. The proposed roadway improvements include, but not
limited to, asphalt/concrete paving, curb & gutter, sidewalk, driveway connections, raised
landscaped medians, stormwater management facilities, private irrigation channels, utility
relocations, traffic signals and signing & striping. The schedule includes 15-months of
Construction, 6-months of Landscape Establishment with 4-months of Pre and Post-
Construction activities.
Construction of this project will be procured in accordance with the mandate set forth in the
Maricopa County Procurement Code, Article 5, and Section 504. Supervisory District No. 4.
(C-64-17-008-5-00)
Motion to approve by Supervisor Barney, seconded by Supervisor Chucri
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
54. CHANGE ORDER TO CONTRACT WITH KIMLEY-HORN & ASSOCIATES, INC. FOR
ADDITIONAL DESIGN SERVICES FOR MC 85
Approve Change Order No. 4 for $328,264 with Kimley-Horn and Associates, Inc., Contract
2013-043 for additional design services for MC 85, 107th Ave to 75th Ave. Additional
design services and extended design period are required due to design changes resulting
from utility coordination and developer coordination.
This project will widen MC 85 between 107th Ave and 75th Ave from two lanes in each
direction to two lanes in each direction and a median lane, and full build out of the
intersections at 107th Ave, 99th Ave, 91st Ave, and 83rd Ave. The project will also improve
striping, signage, signals and drainage. Supervisory District No. 5 (C-64-17-010-5-00)
Motion to approve by Supervisor Barney, seconded by Supervisor Chucri
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
55. IGA WITH ANTHEM COMMUNITY COUNCIL, INC. FOR MAINTENANCE
RESPONSIBILITIES WITHIN MARICOPA COUNTY RIGHT-OF-WAY
Formal Meeting Minutes
Wednesday, August 17, 2016
Page 35 of 50
Approve the Intergovernmental Agreement between Maricopa County and the Anthem
Community Council, Inc., identifying the maintenance responsibilities within Maricopa
County right of way. The term of the Agreement will not exceed five (5) years unless
extended by appropriate actions by the County and the City. Either party may terminate
this Agreement at any time prior to the expiration date of this Agreement by furnishing
the other party with a sixty (60) day written notice.
The purpose of this Intergovernmental Agreement is to identify and define both Parties’
respective roles in the execution of the responsibilities of specific maintenance tasks in
areas within the County right of way in the unincorporated area of Anthem. Supervisory
District No. 3 (C-64-17-013-M-00)
Supervisor Kunasek questioned the validity of identifying this agreement as an
intergovernmental agreement (IGA) because the Anthem Community Council was not a
government entity. He agrees with this concept but does not agree it should be
considered an IGA.
Michelle Wood, legal counsel, stated she would check on this concern and bring the
item back to the Board as an administrative correction if needed.
Motion to approve by Supervisor Kunasek, seconded by Supervisor Chucri
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
56. 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-06-17-068-7-00)
A. D23240 Project #: TT406 – Riggs Road (Power Road to Hawes Road) –
(RS) Warranty Deed – Assessor’s Parcel #: 304-90-982 – Chandler
Unified School District #80 – for the sum of $1.00.
B. D23247 Project #: TT406 – Riggs Road (Power Road to Hawes Road) –
(RS) Warranty Deed – Assessor’s Parcel #: 304-89-066X – Tony &
Fawn Williams – for the sum of $76,786.00.
C. D23247 Project #: TT406 – Riggs Road (Power Road to Hawes Road) –
(RS) Purchase Agreement and Escrow Instructions – Assessor’s
Parcel #: 304-89-066X – Tony & Fawn Williams.
D. D23260 Project #: TT406 – Riggs Road (Power Road to Hawes Road) –
(RS) Warranty Deed – Assessor’s Parcel #: 304-90-021D – Beverly
Birch – for the sum of $12,251.00.
E. D23260 Project #: TT406 – Riggs Road (Power Road to Hawes Road) –
(RS) Purchase Agreement and Escrow Instructions – Assessor’s
Parcel #: 304-89-021D – Beverly Birch.
F. D23266 Project #: TT406 – Riggs Road (Power Road to Hawes Road) –
(RS) Warranty Deed – Assessor’s Parcel #: 304-90-034A – Edgar &
Blanca Ruiz – for the sum of $21,756.00.
G. D23266 Project #: TT406 – Riggs Road (Power Road to Hawes Road) –
Formal Meeting Minutes
Wednesday, August 17, 2016
Page 36 of 50
(RS) Purchase Agreement and Escrow Instructions – Assessor’s
Parcel #: 304-90-034A – Edgar & Blanca Ruiz.
Motion to approve by Supervisor Kunasek, seconded by Supervisor Chucri
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
Waste Resources and Recycling Management
Administración de Recursos y Reciclaje de Residues
57. CONSENT ORDER WITH ARIZONA DEPARTMENT OF ENVIRONMENT QUALITY FOR
CAVE CREEK LANDFILL
Approve Amendment #1 to the Consent Order between the Maricopa County Waste
Resources and Recycling Department and the Arizona Department of Environment Quality
(ADEQ) (Azurite Place ID 1169) for the Cave Creek Landfill, located at 3955 East Carefree
Highway, Phoenix, Maricopa County, Arizona. The effective date of this Amendment to the
Consent Order shall be the date that this Amendment is signed by the ADEQ. Further,
delegate authority to the Chairman to sign subsequent Administrative Amendments as
recommended by the Department Director. (C-91-10-067-M-01)
Motion to approve by Supervisor Kunasek, seconded by Supervisor Chucri
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES
Board of Supervisors - Junta de Supervisores
~ Supervisor Barney left the meeting ~
58. ADMINISTRATIVE CORRECTION REGARDING THE REPPOINTMENT TO THE BOARD
OF HEALTH
Approve the administrative correction to the action taken by the Board of January 21, 2015,
C-06-15-262-7-00 that approved the reappointment of Supervisor Andrew Kunasek to the
Board of Health as the Board of Supervisors' representative with a term date effective as of
the date of Board approval through December 31, 2015. The purpose of this administrative
correction is to correct the term expiration date to reflect December 31, 2016. (C-06-15-
262-7-01)
Supervisor Gallardo expressed his thanks to everyone who is serving and specifically
noted the appointments of Joseph Losada and John Gomez representing District 5.
Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri
Ayes: Hickman, Kunasek, Chucri, Gallardo
Absent: Barney
59. ADMINISTRATIVE CORRECTION REGARDING THE APPOINTMENT TO THE
REGIONAL PUBLIC TRANSPORTATION AUTHORITY
Approve the administrative correction to the action taken by the Board on January 21,
2015, C-06-15-265-7-00 that approved the appointment of Supervisor Steve Gallardo to
the Regional Public Transportation Authority (RPTA), Board of Directors with a term date
effective as of the date of Board approval through December 31, 2015. The purpose of this
Formal Meeting Minutes
Wednesday, August 17, 2016
Page 37 of 50
administrative correction is to correct the term expiration date to reflect December 31,
2016. (C-06-15-265-7-01)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri
Ayes: Hickman, Kunasek, Chucri, Gallardo
Absent: Barney
60. ADMINISTRATIVE CORRECTION REGARDING THE APPOINTMENT TO THE RYAN
WHITE PLANNING COUNCIL
Approve the administrative correction to the action taken by the Board on January 21,
2015, C-06-15-263-7-00 that approved the appointment of Supervisor Steve Gallardo to
the Ryan White Planning Council as the Board of Supervisors' representative with a term
date effective March 1, 2015 through February 28, 2016. The purpose of this administrative
correction is to correct the term expiration date to reflect February 28, 2017. (C-06-15-263-
7-01)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri
Ayes: Hickman, Kunasek, Chucri, Gallardo
Absent: Barney
61. APPOINTMENT TO THE CITIZENS' AUDIT ADVISORY COMMITTEE
Approve the official appointment of Joseph Losada, representing District 5, to the Citizens'
Audit Advisory Committee. The term of the appointment will be from date of Board
approval through January 17, 2018. (C-06-17-066-7-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri
Ayes: Hickman, Kunasek, Chucri, Gallardo
Absent: Barney
62. APPOINTMENT TO THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
Approve the official appointment of John Gomez, representing District 5, to the Community
Development Advisory Committee. The term of the appointment will be from the date of
Board approval through June 30, 2017. (C-06-17-058-7-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri
Ayes: Hickman, Kunasek, Chucri, Gallardo
Absent: Barney
63. APPOINTMENT TO THE TRAVEL REDUCTION REGIONAL TASK FORCE
Approve the appointment of Annie Foster to the Travel Reduction Program Regional Task
Force, representing District 2. The term of appointment will be from the date of Board
approval through January 31, 2018. (C-85-17-005-M-00)
Dianne Barker, resident, expressed her hope that Ms. Foster will participate in travel
reduction and observe “Voluntary Don’t Drive Day” as it is the patriotic thing to do under
Title 49.
Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri
Formal Meeting Minutes
Wednesday, August 17, 2016
Page 38 of 50
Supervisor Chucri noted that Annie Foster, representing District 2 is an avid user of
mass transit.
Ayes: Hickman, Kunasek, Chucri, Gallardo
Absent: Barney
SETTING OF HEARINGS - CONFIGURACIÓN DE AUDIENCIAS
~All hearings will be held at 9:30 am, 205 W. Jefferson, Phoenix, unless otherwise noted~
~Todas las audiciones será tenidas a las 9:30 de la Mañana, 205 W. Jefferson, Phoenix,
amenos que de otromodo notado~
Planning and Development - Planificación y Desarrollo
64. PLANNING AND ZONING SETTING OF HEARINGS
Schedule the following items for public hearing at the September 7, 2016 Board Meeting:
(C-44-17-001-M-00)
MCP2016001 – White Tank Cooling – Military Compatibility Permit – Dist. 4
MCP2016003 – Arizona Auto Shippers – Military Compatibility Permit – Dist. 4
Z2016026 – Toy Barn on Lone Mountain Rd. – Zone Change – Dist. 3
CPA2016002 – Mesquite Solar North – Comprehensive Plan Amendment – Dist. 4
Z2016017 – Mesquite Solar North – Zone Change – Dist. 4
Z2015099 – Kinderland – Zone Change - Dist. 5
Z2016025 – Marbella Homes – Section 6 Assemblage – Zone Change – Dist. 4
Motion to approve by Supervisor Kunasek, seconded by Supervisor Gallardo
Ayes: Hickman, Kunasek, Chucri, Gallardo
Absent: Barney
Transportation – Transportación
65. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0020
Set a hearing for October 19, 2016 for Road File No. PAB-0020 to Abandon the North 28’
of the South 40’ and the West 28’ of the East 40’ of Federal Patent Easement Number
1222570. In addition, direct MCDOT and the Clerk of the Board to fulfill all notice
requirements as outlined in Ordinance P-34, Patent Easement Ordinance.
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. 5 (C-64-17-011-M-00)
Motion to approve by Supervisor Kunasek, seconded by Supervisor Gallardo
Ayes: Hickman, Kunasek, Chucri, Gallardo
Absent: Barney
CONSENT AGENDA - AGENDA DE CONSIENTA
Formal Meeting Minutes
Wednesday, August 17, 2016
Page 39 of 50
Clerk of the Board - Secretaria de la Junta
66. 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-06-17-036-7-00)
Name Warrant No Amount
Deborah Moore 360029030 764.50
Evalia Bugarin 170001301 727.83
Alicia Whitmore 160094450 1,116.03
Hosanna Judith Hernandez 160023039 317.95
Hosanna Judith Hernandez 160026292 393.13
Hosanna Judith Hernandez 160020058 393.13
Hosanna Judith Hernandez 160014107 86.11
Oluyemisi Agbebi 170001127 370.23
Arizona Public Service 460105254 3,656.23
Kelley Berglund 160093153 659.46
Ana Henderson 160012187 119.35
Ellen Marie O'Loughlin 170002011 837.10
Alexis A. Hernandez 45217294 407.86
Rama Balaji 22402420 4,285.68
Motion to approve by Supervisor Gallardo, seconded by Supervisor Kunasek
Ayes: Hickman, Kunasek, Chucri, Gallardo
Absent: Barney
67. MINUTES
Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Board of
Supervisors meetings held June 6, 2016; June 27, 2016; and June 30, 2016. (C-06-17-042-
7-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Kunasek
Ayes: Hickman, Kunasek, Chucri, Gallardo
Absent: Barney
68. REDEMPTION OF WAIVERS FOR INDIVIDUALS AND ORGANIZATIONAL
EXEMPTIONS
Pursuant to A.R.S. §42-11153B, approve the redemption of waivers for individuals and
organizations requesting exemptions for the 2016 tax year during the period of March 1,
2016 through July 15, 2016. Report is on file in the Clerk of the Board’s Office. (C-06-17-
046-7-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Kunasek
Ayes: Hickman, Kunasek, Chucri, Gallardo
Formal Meeting Minutes
Wednesday, August 17, 2016
Page 40 of 50
Absent: Barney
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-06-17-043-7-00)
City of Paradise Valley Police
City of Chandler Police
Arizona Department of Transportation
City of Mesa Police
City of El Mirage Police
City of Tempe Police
Town of Gilbert Police
City of Surprise Police
City of Goodyear Police
City of Goodyear Police
City of Scottsdale Police
Maricopa County Attorney's Office
Maricopa County Sheriff's Office
Motion to approve by Supervisor Gallardo, seconded by Supervisor Kunasek
Ayes: Hickman, Kunasek, Chucri, Gallardo
Absent: Barney
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. 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-06-17-045-7-00)
Phase
Tax Year Tax Difference
Number
2013 0252 -1,617.76
2014 0171 -2,797.48
2015 0093 -1,966.64
2013 0251 -11,887.32
2014 0170 -52,533.10
2015 0094 159,988.46
Motion to approve by Supervisor Gallardo, seconded by Supervisor Kunasek
Ayes: Hickman, Kunasek, Chucri, Gallardo
Absent: Barney
Formal Meeting Minutes
Wednesday, August 17, 2016
Page 41 of 50
71. SETTLEMENT/RESOLUTION OF PROPERTY TAX CASES AND CLAIMS
Pursuant to A.R.S. §§42-16201 through 16258, approve the settlement/resolution of tax
cases and claims as listed: (C-06-17-050-7-00)
2014: TX2013-000196;
2015: TX2014-000148 (Partial Settlement 2 of 14 parcels); TX2014-000156; TX2014-
000174; TX2015-000506; TX2015-000447;
2016: TX2015-000113; TX2015-000114; TX2015-000217 (Partial Settlement 2 of 14
parcels); TX2015-000228; TX2015-000818; TX2015-000852; TX2015-000958;
2017: ST2016-000274; ST2016-000481.
Motion to approve by Supervisor Gallardo, seconded by Supervisor Kunasek
Ayes: Hickman, Kunasek, Chucri, Gallardo
Absent: Barney
72. STALE DATED WARRANTS
Pursuant to A.R.S. §11-644 the Board of Supervisors finds that claims presented, are
legitimate and that claimants have demonstrated good and sufficient reason for failure to
present the original check or warrant within the allotted time. Accordingly, the claims are
allowed. (C-06-17-037-7-00)
Name Warrant No Amount
Samuel Ortiz-Labra 350021302 26.02
Motion to approve by Supervisor Gallardo, seconded by Supervisor Kunasek
Ayes: Hickman, Kunasek, Chucri, Gallardo
Absent: Barney
73. TAX ABATEMENTS
Approve and sign requests for tax abatements from the Treasurer’s Office pursuant to
A.R.S. §42-18353 for the parcel numbers, tax years and amounts as listed below: (C-43-
17-003-M-00)
964-00-251 2012 $55.76
964-67-822 2004-2012 $516.23
966-48-677 1983 $52.09
973-62-164 2012 $31.97
981-34-172 2004-2012 $2,335.12
Motion to approve by Supervisor Gallardo, seconded by Supervisor Kunasek
Ayes: Hickman, Kunasek, Chucri, Gallardo
Absent: Barney
~ Supervisor Barney returned to the meeting ~
BOARD OF SUPERVISORS ADDENDUM
ADÉNDUM DE LA JUNTA DE SUPERVISORES
Formal Meeting Minutes
Wednesday, August 17, 2016
Page 42 of 50
Human Services
A-1. AMENDMENT TO SOLE SOURCE CONTRACT WITH LODESTAR DAY RESOURCE
CENTER
Approve Amendment No. 5 to the Sole Source Contract with Lodestar Day Resource
Center (LDRC), a non-profit community based organization. The purpose of the
Amendment is to address the following items:
I. Incorporate the funding sources by Catalog of Federal Domestic Assistance (CFDA) into
the Agreement by reference:
a. As provided by U.S. Department of Housing and Urban Development (HUD):
i. 14.218, Community Development Block Grant $85,000 Program Year 2015
ii. 14.218, Community Development Block Grant $76,475 Program Year 2016
b. 93-569 Community Services Block Grant (CSBG) $150,588;
II. Incorporate by reference Attachment C – Program Requirements into the Agreement as
required for receipt of federal funds;
III. Parties agree that the statutory language of A.R.S. §38-511 are applicable to this
Amendment and incorporate the same by reference;
IV. The foregoing paragraphs contain all the changes to the Agreement. All other terms of
the original Agreement and Amendments not amended hereby, remain in full force and
effect as approved and amended.
LDRC provides services to homeless individuals in the Human Services Campus located at
1125 W. Jackson Street, Phoenix, AZ 85007. (C-22-15-063-3-05)
Motion to approve by Supervisor Barney, seconded by Supervisor Chucri
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
NOTE: Agenda item #A-2 was taken out of order and heard prior to agenda item #PZ-1.
A-2. COMPETITION IMPRACTICABLE CONTRACT WITH SOCIETY OF ST. VINCENT DE
PAUL
Approve a Competition Impracticable financial contract between the Society of St. Vincent
De Paul (SVDP), a non-profit community based organization, and Maricopa County
administered by its Human Services Department. The resulting contract is pursuant to a
Competition Impracticable submitted to the Maricopa County Office of Procurement
Services. The purpose of the Contract is to provide funds to SVDP to provide safe
overnight accommodations to homeless men and women and weather relief services at the
Human Services Campus.
The Contract term shall begin on September 1, 2016 and will expire on February 28, 2017.
The contract amount shall not exceed $95,000. Funding for this contract will be reimbursed
through the County General Fund. (C-22-17-017-3-00)
A-3. MEMORANDUM OF AGREEMENT BETWEEN MARICOPA COUNTY, ARIZONA
DEPARTMENT OF HOUSING, THE ARIZONA STATE HISTORIC PRESERVATION
OFFICER, THE ARIZONA STATE MUSEUM, THE CITY OF TEMPE, THE SALT RIVER
PIMA-MARICOPA INDIAN COMMUNITY, AND VALOR ON EIGHTH, LLC
Approve a non-financial Memorandum of Agreement (MOA) between Maricopa County,
Arizona Department of Housing, the Arizona State Historic Preservation Officer, the
Arizona State Museum, the City of Tempe, the Salt River Pima-Maricopa Indian
Community, and Valor on Eighth, LLC. The MOA is required to meet the federal
Formal Meeting Minutes
Wednesday, August 17, 2016
Page 43 of 50
requirements of HOME Investment Partnerships Program funding received by U.S.
Department of Housing and Urban Development (HUD).
The County, as the Responsible Entity (RE) for the Maricopa HOME Consortium, is
required to comply with HUD Environmental Review Regulations at 24 CFR § 58 [see 24
CFR § 58.5(a) and 24 CFR §58.1(b)(4)], and Section 106 of the National Historic
Preservation Act (NHPA), as amended, 54 U.S.C. § 306108, and its implementing
regulations, 36 CFR § 800 [see 36 CFR § 800.2(c)(2)]. As part of the required compliance
with the above regulations, the County is entering into this MOA, which includes a Historic
Properties Treatment Plan (HPTP). The HPTP will be implemented in order to avoid,
minimize, and/or mitigate adverse effects on historic properties within the APE. The County
will work with all parties to the MOA to ensure compliance with both the MOA and the
HPTP.
On or about June 24, 2015, Maricopa County, through its Human Services Department,
entered into an Intergovernmental Agreement (IGA) with the City of Tempe (C-22-15-074-
3-00) to provide $1,169,999.11 in HOME Investment Partnerships Program funds, of which
$318,772 is allocated to the Valor project.
Valor on Eighth, LLC (Valor) has proposed a project for the construction of a five-story, 50-
unit rental community with affordable and market rate units located at 1001 East 8th Street,
Tempe, AZ.
The County has defined the property and parcels (132-73-012, 132-73-013, 132-73-014,
and an area approximately 70‘ by 75’ at the SE corner of parcel 132-73-536) as an area of
potential effect (APE). The City of Tempe is the current owner of the property and parcels.
The property and parcels are present within an archaeological site known as “La Plaza”.
(C-22-17-018-3-00)
Motion to approve by Supervisor Barney, seconded by Supervisor Chucri
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
Sheriff
A-4. AMENDMENT TO LICENSE AGREEMENT TO RECOGNIZE SUCCESSOR IN
INTEREST
Approve Amendment No. 2 to License Agreement No. P-50109 to recognize Scorpion Bay
Holdings, LLC as successor in interest (Licensor) with regards to the License Agreement
for Use of Real Property at Scorpion Bay Marina, Lake Pleasant, AZ with all rights and
responsibilities under the License Agreement. All terms of the Agreement not amended
hereby remain in full force and effect as amended and approved.
The County originally entered into a Use Management Agreement with Lake Pleasant
Marina Partners, LLC, (Licensor) (C-30-06-012-1-00) on December 7, 2005. Under this
Agreement the Licensor permits the Sheriff’s Office to operate a floating boat garage for
public safety purposes under License Agreement P-50109, approved on May 26, 2010 (C-
50-10-109-M-00) and amended September 9, 2015, (C-50-10-109-M-01).
The County approved assignment of the Management Agreement to Scorpion Bay
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Wednesday, August 17, 2016
Page 44 of 50
Holdings on September 23, 2015 (C-30-06-012-1-02). This item changes the Sheriff's
License Agreement to correspond with the name change associated with the assignment.
This is an administrative change only. The terms and conditions of the subject License
Agreement and Amendment 1 remain unchanged. (C-50-10-109-M-02)
Motion to approve by Supervisor Barney, seconded by Supervisor Chucri
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
A-5. FEDERAL EQUITABLE SHARING AGREEMENT AND ANNUAL CERTIFICATION
REPORT
Approve the FY2016-2017 Federal Equitable Sharing Agreement and Annual Certification
Report between the Maricopa County Sheriff’s Office and the U.S. Department of Treasury
and the U.S. Department of Justice. The Certification Report accounts for the equitable
sharing funds received from each of these Federal agencies. The term of this agreement is
October 1, 2016 through September 30, 2017.
Federal Sharing Agreements are entered into between the Federal Government, the
Maricopa County Sheriff’s Office and the Maricopa County Board of Supervisors.
Agreements set 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 the expenditures through June 30, 2016. Treasury funds are tracked separately from
Justice Funds. (C-50-17-008-3-00)
Motion to approve by Supervisor Barney, seconded by Supervisor Chucri
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
CALL TO THE PUBLIC AND SUMMARY OF CURRENT EVENTS
LLAMADO AL PUBLICO Y EL RESUMEN DE TEMAS DE ACTUALIDAD
74. 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.)
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.)
Formal Meeting Minutes
Wednesday, August 17, 2016
Page 45 of 50
Fran McCarroll, Clerk of the Board read the guidelines for public comments.
Supervisor Barney offered his commendation to Valerie Beckett for the handouts that
were provided in the foyer that reports MCACC statistics and outreach efforts.
Adrienne Ayala, resident, stated that Supervisor Gallardo asked her to send him policy
and procedures for MCACC. She informed the Board she was unable to find the policies
and procedures. She requested the Board email her with instructions on how to be
placed on the agenda to address issues at MCACC that will promote consistency within
the department.
John Rusinek, resident, read and commented on air emission control definitions. He
also stated that designated parking must be dust-proofed per a brochure from the
Neighborhood Services Department with the City of Phoenix.
Dianne Barker, resident, commented on expected performance in the military and stated
this is what is expected from the Board. She requested that materials she has supplied
be given to Reid Spaulding. Ms. Barker read A.R.S. 49-506 addressing voluntary no-
drive days and encouraged drivers not to drive on these days and the County should
encourage residents and employees not to drive.
Lisa Maturo, resident, stated she is a long time dog rescuer. She said that the issues
that are continually reported are symptoms of a greater problem in MCACC. She noted
that on the MCACC website it states MCACC does not receive funds from the County
General Fund. She noted life-saving programs that are needed and should be funded by
the General Fund. MCACC is unable to implement changes recommended by the task
force because there is no funding. She asked that funding be more in line with the
Humane Society of the United States standard.
Eloise Prevost, resident, commented on a wonderful volunteer named Jordan Batter,
who volunteered at the West Shelter. Ms. Prevost noted Ms. Batter’s accomplishments
as a volunteer. Allegedly when Ms. Batter took her concerns to management, staff gave
her problems and eventually told her she could no longer work as a volunteer. The
County should be using this volunteer in a positive manner and not giving her problems.
Diane Habener, resident, spoke for John Braden, a New Hope partner with MCACC and
the efforts he made with a dog and his success in finding someone to adopt the dog.
Unfortunately, despite Mr. Braden’s efforts the dog was killed. Ms. Habener spoke to
MCACC management concerning this issue and she will email the Board with
documents to support her statements.
Laurie Flambouras, resident, is an animal advocate and a volunteer with MCACC at the
East Shelter. She commented on the value of pets to pet owners. She encouraged the
Board to provide proper funding for the shelters. She encouraged promoting the need
for volunteers and suggested the Members become volunteers themselves.
Deb Gain-Braley, resident, informed the Board how she liked the Snapshot report that
showed positive improvement at MCACC. She asked the Board if more time could be
given between the time the e-list (euthanasia list) is prepared and the animals are
euthanized. Ms. Gain-Braley informed the Board she has ideas on how to free up
kennels.
Jaime Medina, resident, expressed her opinion that fearful animals are placed on the
Formal Meeting Minutes
Wednesday, August 17, 2016
Page 46 of 50
euthanasia list in error. Not all fearful animals are dangerous to the public and she
stated she has ideas to offer to avoid this action from occurring.
Ed Bufford, resident, thanked Valerie Beckett for the Snapshot report. He commented
on the task force and their recommendations and the budgets needed to fund the
recommended changes. He provided statistics to support using marketing tools for
licensing that would increase the revenue from this source.
Blue Crowley, resident, commented on the Regional Public Transportation Authority
(RPTA) and the difficulties faced when trying to attend meetings. He shared his
experience of trying to utilize the express bus service from Surprise and his
disappointment with this service.
Amber Murray, resident, stated she has been an animal advocate for 10 years. She said
the issue will not go away anytime soon and citizens are realizing it is not left only to the
government to change the problems. She asked that special interest groups making
statements on social media need to be looked at closely.
75. SUPERVISORS'/COUNTY MANAGER'S SUMMARY OF CURRENT EVENTS
Resumen de temas de actualidad de los Supervisores/Administrador del Condado
Joy Rich, informed the Board that a new director for MCACC has been employed. Her
name is Mary Martin and Ms. Rich provided Ms. Martin’s history and her experience that
included her success in lowering shelter kill rates.
Supervisor Barney announced there is a new professional soccer team in Maricopa
County and he was able to attend the kickoff. He noted the new Beus Center for Law
and Society in downtown Phoenix. He commented on his visit to the MCACC East
Shelter and stated the Board recognizes there is work to do in MCACC.
Supervisor Gallardo commented on agenda item #18 that addressed donations made to
the Maricopa County Sheriff’s Office (MCSO). He noted there are great businesses
making donations designated to the Community Outreach Programs related to domestic
violence and he thanked them for their donations.
Chairman Hickman commented on the suggestion that the Supervisors take an
unscheduled tour of the animal shelters as a resident without a guided tour. He noted
the time needed to search for and employ a great director for MCACC.
MEETING ADJOURNED
There being no further business to come before the Board, the meeting was adjourned.
________________________________
Clint Hickman, Chairman of the Board
ATTEST:
__________________________________
Fran McCarroll, Clerk of the Board
Formal Meeting Minutes
Wednesday, August 17, 2016
Page 47 of 50
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 17, 2016, in the Supervisors'
Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Clint
Hickman, Chairman, District 4; Andrew Kunasek, Vice Chairman, District 3; Steve Chucri, District
2; Denny Barney, District 1; Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of the
Board; Lori Medaris, Minutes Coordinator; Joy Rich, County Manager; and Michelle Wood, Legal
Counsel.
F-1. CONTRACT WITH OLSSON ASSOCIATES FOR ON-CALL ENGINEERING SERVICES –
DESIGN CONCEPT REPORT FOR THE EL RIO BUCKEYE LEVEES
Approve Contract FCD 2016C012 with Olsson Associates for On-Call Engineering Services
for the Design Concept Report for the El Rio Buckeye Levees (Project #126). The total
contract cost is $650,000. Costs will be shared 50%/50% by the Flood Control District
(District) and the City of Buckeye (City) in accordance with the project IGA FCD2016A013.
The District completed the El Rio Watercourse Master Plan in 2006, which identified flooding
hazards along the Gila River between the SR85 Bridge and the confluence with the Agua
Fria River, and recommended solutions, including the Project, to mitigate those hazards.
Conceptual plans for the Project include levee segments and vegetation management,
subject to revision during the engineering process. This Agenda Item impacts Supervisor
Districts 4 and 5. (C-69-17-003-5-00)
Motion to approve by Director Barney, seconded by Director Kunasek
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
F-2. AMENDMENT TO IGA WITH CITY OF PHOENIX FOR THE PURCHASE, INSTALLATION
& MAINTENANCE OF AN ADDITIONAL AUTOMATED FLOOD WARNING STATION
Approve Intergovernmental Agreement Amendment (IGA) FCD 2014A017A to purchase,
install and maintain one (1) additional automated flood warning station for joint use between
the Flood Control District of Maricopa County (District) and City of Phoenix (City). The IGA is
funded by the District through secondary property tax monies and by the City through its
General Fund monies. The District’s contribution to this program is the design, installation
and perpetual maintenance of the flood warning station and associated electronics. The
purchase price of the equipment, estimated to be $7,500.00, will be reimbursed by the City.
Installation of flood warning assemblies at additional locations in the future would require
budgeting of additional funds toward the IGA by the City.
The District and several cities (Scottsdale, Fountain Hills, and Phoenix) have in the past
shared in the funding of flood warning stations considered outside our backbone system
using similar IGAs. As in this proposed IGA, each City paid for the initial equipment, with the
District providing installation, long-term maintenance and data access. This Agenda Item
impacts Supervisorial District 5. (C-69-15-055-3-01)
Blue Crowley, resident, commented on flooding at 24th Street and Thomas and the need
Formal Meeting Minutes
Wednesday, August 17, 2016
Page 48 of 50
to recognize the Hohokam Canal as a historical site.
Motion to approve by Director Barney, seconded by Director Kunasek
Ayes: Hickman, Kunasek, Chucri, Barney, 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 the filing of a Counterclaim in CV2016-010095 to seek an injunction, pursuant to
A.R.S. §48-3615.01(J) to close operations by ABC Sand & Rock Co., Inc. until the operation
in the Agua Fria River obtains all necessary permits.
This item was discussed in executive session on August 15, 2016. (C-69-17-005-M-00)
Motion to approve by Director Barney, seconded by Director Kunasek
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
MEETING ADJOURNED
There being no further business to come before the Board, the meeting was adjourned.
________________________________
Clint Hickman, Chairman of the Board
ATTEST:
__________________________________
Fran McCarroll, Clerk of the Board
Formal Meeting Minutes
Wednesday, August 17, 2016
Page 49 of 50
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 17, 2016, in the Supervisors' Auditorium, 205
W. Jefferson, Phoenix, AZ 85003, with the following members present: Clint Hickman, Chairman,
District 4; Andrew Kunasek, Vice Chairman, District 3; Steve Chucri, District 2; Denny Barney,
District 1; Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of the Board; Lori
Medaris, Minutes Coordinator; Joy Rich, County Manager; and Michelle Wood, Legal Counsel.
L-1. BEQUEST FROM THE ISABEL DUNCAN TRUST
Approve and accept a bequest to the Library District from the Isabel Duncan Trust in the
amount of $274,285.44 for the Sun City Library. Also, approve a revenue and expenditure
appropriation adjustment to the Library District (D650) Library District Grants (242) non-
recurring non-project (1001) budget in the amount of $274,285 for FY 2016-2017. (C-65-17-
002-M-00)
Motion to approve by Director Chucri, seconded by Director Barney
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
L-2. 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 $1,922.80 for the Sun City Branch Library.
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
expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105.
(C-65-17-003-D-00)
Motion to approve by Director Chucri, seconded by Director Barney
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
L-3. DONATION FROM THE FOUNTAIN HILLS FRIENDS OF THE LIBRARY, INC.
Approve and accept a check in the amount of $1,389.56 from the Fountain Hills Friends of
the Library, Inc. for annual subscriptions to The New York Times and The Wall Street
Journal for the Fountain Hills Branch Library. 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 expenditures of local revenues duly adopted by the
Board pursuant to A.R.S. §42-17105. (C-65-17-004-D-00)
Motion to approve by Director Chucri, seconded by Director Barney
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
L-4. DONATION FROM THE YONCO SURVIVORS IRREV MAIN TRUST
Approve and accept a cash donation from the Yonco Survivors Irrev Main Trust in the
amount of $1,000.00. This donation is for the benefit of the Sun City Branch Library.
Donation revenues are not local revenues for the purpose of the constitutional expenditure
limitation, and therefore, expenditure of those funds is not prohibited by the budget law. The
approval of this action requested does not alter the budget constraining the expenditures of
Formal Meeting Minutes
Wednesday, August 17, 2016
Page 50 of 50
local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-65-17-001-D-
00)
Motion to approve by Director Chucri, seconded by Director Barney
Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo
MEETING ADJOURNED
There being no further business to come before the Board, the meeting was adjourned.
________________________________
Clint Hickman, Chairman of the Board
ATTEST:
__________________________________
Fran McCarroll, Clerk of the Board