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Board Members
Denny Barney, Chairman, District 1
Steve Chucri, Vice Chairman, District 2
Andrew Kunasek, District 3
Clint Hickman, District 4
Marie Lopez Rogers, District 5
County Manager
Tom Manos
"The mission of Maricopa County is to Clerk of the Board
Fran McCarroll
provide regional leadership and fiscally
responsible, necessary public services to Meeting Location
its residents so they can enjoy living in Supervisors' Auditorium
healthy and safe communities” 205 W. Jefferson
Phoenix, AZ 85003
FORMAL MEETING
MINUTES
BOARD OF SUPERVISORS
Maricopa County, Arizona
(and the Boards of Directors of the Flood Control District, Library District,
Stadium District, Improvement Districts Housing Authority of Maricopa County and/or Board of Deposit)
Wednesday, September 10, 2014
9:00 AM
Table of Contents
Board Page
Board of Supervisors 1
Improvement District No Meeting
Flood Control District 52
Library District 55
Stadium District No Meeting
Board of Deposit No Meeting
Formal Meeting Minutes
Wednesday, September 10, 2014
Page 2 of 54
1. INVOCATION - INVOCACIÓN
Dianne Post, Esq. offered the invocation.
2. PLEDGE OF ALLEGIANCE - JURO FIDELIDAD A LA BANDERA
Supervisor Marie Lopez Rogers 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
9:00 AM on Wednesday, September 10, 2014, in the Supervisors' Auditorium, 205 W. Jefferson,
Phoenix, AZ 85003, with the following members present: Denny Barney, Chairman, District 1; Steve
Chucri, Vice Chairman, District 2; Andrew Kunasek, District 3; Clint Hickman, District 4; Marie
Lopez Rogers, District 5. Also present: Fran McCarroll, Clerk of the Board; Maria Armstrong,
Minutes Coordinator; Tom Manos, 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, Public Information Officer for Maricopa County Animal Care and Control,
presented Sally, a Chihuahua/Dachshund mix. Sally is two or three months old. Sally
will be available for adoption for a fee of $85.00 today at 11:00 a.m. at the West Shelter
located at 2500 South 27th Avenue, Phoenix, AZ 85009.
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. LOT 64, PASQUALETTI MOUNTAIN RANCH PHASE 1 AMENDED
Case #: S2014014
P&Z Agenda Item: 1
Supervisor District: 4
Applicant/Owner: L & S Handyman Service LLC
Request: Resolution abandoning a vehicular non access easement (VNAE) within Lot 64 of
Pasqualetti Mountain Ranch Phase 1 Amended
Site Location: APN 502-62-065 (19719 W. Amelia Ave., Buckeye AZ 85396)
Site Size: Approx. 1.4 ac. (58,926 sq. ft.) (C-44-15-009-M-00)
Formal Meeting Minutes
Wednesday, September 10, 2014
Page 3 of 54
Motion to approve by Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
REGULAR AGENDA - AGENDA REGULAR
PZ-2. WCF AT&T X175 – PRINCE OF PEACE TOWER
Case #: Z2012054
P&Z Agenda Item: 2
Supervisor District: 4
Applicant/Owner: Coal Creek Consulting for Our Lady of Our Lourdes Roman Catholic
Church
Request: Zone Change from R1-6 RUPD SC and RU-43 to RU-43 SC, and a Special Use
Permit (SUP) for an 82’-10’’ (h) AT&T Wireless Communication Facility in the RU-43 SC
zoning district and in Wireless Communication Facility Use District 1
Site Location: 14818 W Deer Valley Rd., generally located on the NEC of 151st Ave. and
Deer Valley Rd.
Site Size: Approx. 632 sq.ft. (SUP) within an 11 acre (zone change) parcel
Commission Recommendation: The Commission voted 5-1 (Commissioner Muller opposed)
to recommend approval of Z2012054 subject to the following conditions ‘a’ – ‘n’:
a. Development of the site shall comply with the Site Plan “Prince of Peace Tower”,
consisting of five (5) full-size sheets, stamped received February 12, 2014, except as
modified by the following conditions.
b. Development of the site shall be in conformance with the Narrative Report entitled “AT&T
X175 – Prince of Peace”, consisting of four (4) pages, stamped received June 30, 2014,
except as modified by the following conditions.
c. The overall height of the new monopalm and all attachments shall be limited to 83’ (h).
All antennas shall be within the palm fronds to maintain stealth appearance.
d. All transformers, back-flow prevention devices, utility boxes and all other utility related
ground mounted equipment shall be painted to complement the development and shall be
screened with landscape material where possible.
e. The wireless communication tower stealthed as a monpalm shall be maintained to retain
the stealth properties intended by the design. Any damaged or missing fronds or branches
shall be replaced within 60 days of such damage occurring.
f. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance.
g. This Special Use Permit shall expire twenty five (25) years from the date of approval by
the Board of Supervisors or upon expiration of the lease to the applicant, or upon
termination of the use, whichever occurs first. All of the site improvements shall be removed
within 60 days of such termination or expiration.
h. Amendments to the site plan and narrative report shall be processed as a revised
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Wednesday, September 10, 2014
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application in accordance with Maricopa County Zoning Ordinance Article 304.9.
i. The following Drainage Review conditions shall apply:
1. Drainage review of planning and/or zoning cases is for conceptual design only and does
not represent final design approval nor shall it entitle applicants to future designs that are
not in conformance with section 1205 of the Maricopa County Zoning Ordinance and the
Maricopa County Drainage Policies and Standards.
2. All development and engineering design shall be in conformance with Section 1205 of
the Maricopa County Zoning Ordinance and current engineering policies, standards, and
best practices at the time of application for construction.
j. 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).
k. Non-compliance with the regulations administered by the Maricopa County
Environmental Services Department, Maricopa County Department of Transportation,
Drainage Review Division, Planning and Development Department, or the Flood Control
District of Maricopa County may be grounds for initiating a revocation of this Special Use
Permit as set forth in the Maricopa County Zoning Ordinance.
l. Development of the site shall be in conformance with all Federal and State requirements,
including but not limited to, Federal Communications Commission (FCC), Federal Aviation
Administration (FAA), National Environmental Policy Act (NEPA), and State Historical
Preservation Office (SHPO). The applicant shall be responsible for obtaining all necessary
approvals prior to construction, and shall be accountable to those agency requirements,
and penalties.
m. All necessary building permits must be obtained for proposed additions.
n. The granting of this change in use of the property has been at the request of the
applicant, with the consent of the landowner. The granting of this approval 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-44-15-010-M-00)
Darren Gerard, Deputy Director, Maricopa County Planning and Development
Department, reviewed the item and said there were four emails in opposition to the
overall rezoning of the site. He stated that staff noted this action is to make the parking
lot for the church the same zoning as the church. He noted there was a complaint about
the cell tower being an eyesore, and added that staff pointed out there is a palm tree
proximate to the proposed tower, although it is probably not 80 feet tall. He also stated
there were complaints about noise and health. He noted the applicant indicated there
will be a ventilation system for cooling which will be quieter than a traditional air
Formal Meeting Minutes
Wednesday, September 10, 2014
Page 5 of 54
conditioner. In addition, there is an eight foot wall proposed around the entire ground
equipment. He added that in regard to health concerns, the 1996 Telecommunications
Act prohibits the consideration of health concerns, as they are addressed by the Federal
Communications Commission (FCC). The Commission recommended approval by a
vote of five to one subject to conditions “a” through “n.”
Chairman Barney stated that there is a policy requiring beautification of the towers, and
asked the Planning and Development Department to review the policy because they
may find it would be less obtrusive to have a regular tower.
Deborah Stark, Director of Maricopa County Planning and Development Department,
stated that there is a text amendment working through the process regarding Wireless
Communication Facilities and she will review the policy.
Chairman Barney commented that the initial policy implementation made sense;
however, with the emergence and proliferation of Wireless Communication Facilities
(WCF) for life safety and service demands, people are more tolerant and may prefer a
tower.
Motion to concur with recommendations of Planning Commission to approve subject to
conditions “a” through “n” by Supervisor Hickman, seconded by Supervisor Rogers.
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
PZ-3. WCF T-MOBILE PH10146C- FLAGPOLE NAZARENE
Case #: Z2011080
P&Z Agenda Item: 3
Supervisor District: 3
Applicant/Owner: Pinnacle Consulting Inc. for Carefree Church of the Nazarene
Request: Major Amendment to Special Use Permit (SUP) Z98-102v for replacement of
Wireless Communication Facility (WCF) – replace existing 71’ (h) flagpole with a new 80’
(h) flagpole. Located in the RU-43 zoning district and in Wireless Communication Facility
Use District 1
Site Location: Generally located on east side of 7th St. approx. ¼ mile north of Carefree
Hwy.
Site Size: Approx. 257 sq. ft. within a 4.6 acre parcel
Commission
Recommendation: The Commission voted 4-2 (Commissioner Muller & Commissioner
Johnson opposed) to recommend approval of Z2011080 subject to the following conditions
‘a’ – ‘n’:
a. Development of the site shall comply with the Site Plan “T-Mobile: Desert Hills Church”,
consisting of seven (7) full-size sheets, stamped received April 8, 2014, except as modified
by the following conditions. The applicant shall provide a revised Site Plan within 30 days
of BOS approval which removes all references to case Z2000115 and provides reference
to SUP case Z98-102v, shows the ultimate height of the proposed flagpole as 80’ (h),
changes the height of the CMU wall on the west side of the equipment compound from 5’
(h) to 10’ (h), and adds a 10’ (h) CMU wall on the east side of the equipment compound
where the existing 4’ (h) wrought iron fence exists.
Formal Meeting Minutes
Wednesday, September 10, 2014
Page 6 of 54
b. Development of the site shall be in conformance with the Narrative Report entitled
“Project Name: PH10146C”, consisting of five (5) pages, stamped received April 8, 2014,
except as modified by the following conditions. The applicant shall provide a revised
Narrative Report within 30 days of BOS approval which removes all references to case
Z2000115 and provides reference to SUP case Z98-102v, explains the ultimate height of
the proposed flagpole as 80’ (h), changes the height of the CMU wall on the west side of
the equipment compound from 5’ (h) to 10’ (h), and adds a 10’ (h) CMU wall on the east
side of the equipment compound where the existing 4’ (h) wrought iron fence exists.
c. The overall height of the new flagpole and all attachments shall be limited to 80’ (h).
d. All transformers, back-flow prevention devices, utility boxes and all other utility related
ground mounted equipment shall be painted to complement the development and shall be
screened with landscape material where possible.
e. The wireless communication tower stealthed as a flagpole shall be maintained to retain
the stealth properties intended by the design. Any damaged or missing fronds or branches
shall be replaced within 60 days of such damage occurring.
f. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance.
g. This Special Use Permit shall expire on April 7, 2024, or upon expiration of the lease to
the applicant, or upon termination of the use, whichever occurs first. All of the WCF site
improvements shall be removed within 60 days of such termination or expiration.
h. 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.
Modification(s) of the conditions of approval shall be considered a Major Amendment.
i. The following Planning Engineering conditions shall apply:
1. The subject project is within a Zone AE delineated 100 – year (one percent chance)
floodplain as part of the Desert Lake Wash. Prior to any development, a Floodplain Use
Permit must be procured.
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 section 1205 of the Maricopa County Zoning Ordinance and the
Maricopa County Drainage Policies and Standards.
3. All development and engineering design shall be in conformance with Section 1205 of
the Maricopa County Zoning Ordinance and current engineering policies, standards, and
best practices at the time of application for construction.
j. 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).
k. Non-compliance with the regulations administered by the Maricopa County
Environmental Services Department, Maricopa County Department of Transportation,
Drainage Review Division, Planning and Development Department, or the Flood Control
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Wednesday, September 10, 2014
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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.
l. Development of the site shall be in conformance with all Federal and State requirements,
including but not limited to, Federal Communications Commission (FCC), Federal Aviation
Administration (FAA), National Environmental Policy Act (NEPA), and State Historical
Preservation Office (SHPO). The applicant shall be responsible for obtaining all necessary
approvals prior to construction, and shall be accountable to those agency requirements,
and penalties.
m. All necessary building permits must be obtained for proposed changes.
n. The granting of this change in use of the property has been at the request of the
applicant, with the consent of the landowner. The granting of this approval 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-44-15-011-M-00)
Mr. Gerard provided background information and noted the additional height was
necessary for additional coverage. He added that the Commission recommended
approval by a vote of 4-2, subject to conditions “a” – “n.” He noted that he provided a
handout with revised language to correct a typo in condition “e.”
(New language to be added is underscored and deleted language is struck through)
e. The wireless communication tower stealthed as a flagpole shall be maintained to
retain the stealth properties intended by the design. Any damaged or missing fronds or
branches shall be replaced within 60 days of such damage occurring.
Supervisor Kunasek stated he would like to hear from the applicant regarding the need
to increase the height from 71 feet to 80 feet, and why they cannot accomplish their
needed coverage with the existing pole.
Lyndon Vidrine with Pinnacle Consulting, representing T-Mobile, stated that the need for
the relocation and increase in the size and height of the pole is to accommodate an
additional set of antennas on the pole, and to allow T-Mobile to increase the different
technologies that they are developing to better utilize the spectrums that they have
licensed from the FCC, and to deploy their LTE or their 4G technologies in that area to
better deliver high-speed wireless. He noted that there are three other carriers on that
site today that are also making improvements and enhancements, and with the current
design of the flagpole the ability to deploy additional antennas is limited.
Supervisor Kunasek asked if the diameter of the pole would change, and Mr. Vidrine
stated it would increase to a slightly larger diameter to accommodate a change of
antenna equipment, and would have a similar design as the current flagpole.
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Wednesday, September 10, 2014
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Chairman Barney asked what the diameter would be, and Mr. Vidrine responded that
the diameter will be 24 inches in order to allow them to improve the coverage and
capacity they have at the existing site today.
Supervisor Kunasek noted the importance of the appearance of the tower, and added
that the flagpole is larger than the bell tower next to it, which houses three or four cell
carriers.
Mr. Vidrine stated that the bell tower, which is south of this existing location, is a single
carrier Sprint site, and there is a Verizon and AT&T site on different locations within the
same parcel.
Supervisor Kunasek asked if the applicant could expand their coverage in the 71 foot
tower, and Mr. Vidrine stated that because of T-Mobile’s need to deploy additional
antennas at the same location and the existing design of the flagpole, they are trying to
stay consistent with their existing approvals. Mr. Vidrine noted that 80 feet is the
maximum height that is permissible.
Chairman Barney asked what the diameter is on the current flagpole. Mr. Vidrine stated
it is 12 to 18 inches in diameter, and there are additional lines that have to go into the
antennas or to accommodate the connections of the antennas to the ground equipment.
Ann Hutchinson and Paul H. McAllister, residents of New River, stated that they provide
communication analysis of planning and development issues for the New River/Desert
Hills Community Association (NR/DHCA), which has existed since 1985. The
Association has changed its name a few times as it has merged with other community
associations, but has had the same mission of preserving a rural lifestyle in the New
River/Desert Hills area.
Ms. Hutchinson recognized and thanked the Planning and Development Department
and the Planning and Zoning Commission for addressing most of their concerns;
however, she stated there is still one concern that remained regarding the increased
height of the pole. She stated that it is not compatible with the intent of the 2020
Carefree Highway Scenic Corridor. She quoted from the 2020 Carefree Highway
Scenic Corridor document reading, “Scenic corridors help highlight unique aspects of an
area or region, and recognize that people live in or near these areas for their unique
qualities.” She added that raising the height of the pole nearly 10 feet more would lower
the scenic quality of Daisy Mountain, New River Mesa, Table Mesa, Pyramid Peak, and
the other surrounding mountains. She stated that one of the primary inputs in the
scenic corridor public meetings was the desire to have the height obstructers limited.
Ms. Hutchinson added that looks do matter, and referenced different agencies and
organizations that agree. She quoted Justice Stevens who stated in a 1984 case that
“the character of an environment affects the quality of life and the value of properties in
both residential and commercial areas.” She asked the Board Members to deny the
request, or at least advise the applicant not to increase the height of the poles.
Supervisor Kunasek asked Mr. Vidrine if it is possible for the applicant to keep the same
height and put the 24 inch pole there.
Mr. Vidrine stated that it is not just a number of lines that are there that are connecting
the ground equipment; it is also a matter of the antennas being able to handle the traffic
that is in that area. The height is needed because there are limitations on the number of
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Wednesday, September 10, 2014
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antennas they can stack inside, which will be stacked vertically and not horizontally like
the other carrier sites. He added that T-Mobile is trying to deploy additional
technologies in the area. He noted that as more households use wireless capabilities
for telecommunications and internet service, towers have to accommodate the
technology to meet these needs. He explained in this case increased height is needed
for the increased number of antennas needed.
Supervisor Kunasek asked who imposed that limit, and Mr. Vidrine stated that the limit
is based on the given design that was inherited based on the prior case heard for the
Special Use Permit granted previously.
Supervisor Kunasek stated that a lot of communities have gone to a DAS system, which
is more of a dispersed technology.
Discussion ensued on DAS technology and whether it could be used in this instance.
Supervisor Kunasek noted several different appropriate sites in the area where they can
place additional sites in order to keep the height of the tower low.
Further discussion took place concerning the possibility of other locations for higher
towers versus the church location.
Supervisor Kunasek noted that he had only heard concerns from the community and
had not heard from the applicant before today. He stated he was hesitant to go up 10
feet, because it is very high, and noted the facility has a number of carriers. He asked if
the church owns all the real estate.
Mr. Vidrine stated that the church is the underlying property owner for the entire parcel.
He noted that the number of national carriers has been reduced from eight, and he
cannot see an additional site being deployed at that location.
Supervisor Kunasek asked if the applicant could fit the antennas into the bell tower that
is there. Mr. Vidrine stated they could not because of the license spectrum that T-Mobile
currently has, and if they were to go into that bell tower T-Mobile would be at a lower
centerline than what the already have and what their Special Use Permit already
permits them. He said given their license spectrum they would not be able to cover the
area they cover today.
Supervisor Kunasek explained that he may not notice a difference between 71 and 80
feet; however, his concern was future requests for increases in height. Mr. Vidrine
responded that the maximum height in that zone is 80 feet.
Supervisor Kunasek asked Mr. Gerard if those height limitations were issued in the
Carefree Highway Scenic Corridor or if there is another area that limits height for this
area. Mr. Gerard advised that he believed Mr. Vidrine was speaking to a proposed text
amendment, which proposes an 80 foot height with certain setbacks; however, there is
the option for a Legislative Special Use Permit to come before the Board for increasing
the height.
Mr. Vidrine added that they would have to come back to the Board Members to further
increase the height, as well as the conditions of approval that limit the height.
Chairman Barney noted the need for the height is for the purpose of adding the
additional type of antennas. He asked Ms. Hutchinson if she would rather have a 71
foot high pole with a mounted antenna or an 80 foot, 24 inch diameter pole with an
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Wednesday, September 10, 2014
Page 10 of 54
internal antenna.
Ms. Hutchinson stated that they would rather have a shorter pole with attachments in
order to keep the height down.
Chairman Barney stated that the Board is working hard to stay within self-prescribed
constraints, and noted that they are discussing a 1999 SUP for a flagpole. He said
instead of trying to stay within the constraints of an old SUP maybe a shorter pole with a
trunk mounted array system would be a resolution to everyone’s concerns and asked
the applicant if this would be a possibility.
Mr. Vidrine stated he believed they could do that, and would need to check with his
colleagues.
Chairman Barney stated that it seems it would be more effective, because they would
not be trying to stay within those constraints.
Supervisor Kunasek stated that he would like more time before the Board considers
approving this item.
Chairman Barney noted that this request came forward in 2011 and was cancelled, so
he does not believe there is a great deal of urgency today otherwise the refile would
have happened sooner.
Supervisor Kunasek asked to continue this matter to September 24, 2014.
Supervisor Chucri asked if the applicant had spoken to the NR/DHCA representatives
that were present today, and Mr. Vidrine stated that he did not know and would need to
confer with his colleagues since he was just assigned to the application.
Supervisor Chucri noted that he saw Ms. Hutchinson and Mr. McAllister shaking their
head “no”. Mr. Vidrine stated he had not personally worked with them and is not sure if
someone from his office has worked with them yet.
Chairman Barney stated that he is not opposed to approving an 80 foot, 24 inch
diameter monolithic flagpole if that is what the people that live there want; however, they
may find a better solution during the two week continuation.
Motion to continue to September 24, 2014, by Supervisor Kunasek, seconded by
Supervisor Hickman.
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
Supervisor Chucri added that he would like the applicant to reach out to the New
River/Desert Hills Community Association representatives.
Chairman Barney stated he did not want the applicant to think the Board is not
prepared to approve their request, but the case speaks to a bigger question and would
be good to revisit.
PZ-4. RLC LABS COTTAGE INDUSTRY
Case #: Z2014028
P&Z Agenda Item: 4
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Supervisor District: 3
Applicant/Owner: Out of the Box Solutions for Ricky Lee & Judith Lynn Cox
Request: Special Use Permit (SUP) for a Cottage Industry (Pharmaceutical warehousing,
labeling and distribution), in the Rural-43 zoning district
Note: A unanimous vote of the BOS is required for SUP approval in order to waive
Cottage Industry standards. Site Location: West side of 44th St. south of Dynamite Blvd.,
in the north Phoenix area
Site Size: Approx. 2.216 ac. of a 4.52 ac. site
Commission recommendation: The Commission voted 6-0 to approve Z2014028 subject
to conditions ‘a’ – ‘s’:
a. Development of the site shall comply with the Site Plan] entitled “Special Use Permit for
Cottage Industry RLC Labs., Inc.“, consisting of 2 full-size sheets, dated June 20, 2014,
and stamped received June 27, 2014 except as modified by the following conditions.
Maximum building sq. ft. associated with this Cottage Industry and within the SUP area is
limited 12, 283 sq.ft.
b. Development of the site shall be in conformance with the Narrative Report entitled
“Proposed for Cottage Industry RLC Labs Inc.”, consisting of 17 pages, dated May 28,
2014, and stamped received July 3, 2014, except as modified by the following conditions.
c. All transformers, back-flow prevention devices, utility boxes and all other utility related
ground mounted equipment shall be painted to complement the development and shall be
screened with landscape material where possible. All HVAC units shall be ground-
mounted or screened with a continuous parapet for commercial projects.
d. Wastewater service is onsite septic system. Contact Maricopa County Environmental
Services Onsite Program (602-506-0372) to submit an application to re-permit the septic
system for change from residential commercial use. Evidence of compliance will be due at
time of 1 year status report.
e. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. No
additional freestanding lighting shall be installed within the SUP area.
f. Development of the site shall be in compliance with all applicable Maricopa County Air
Quality rules and regulations.
g. Prior to zoning clearance, the developer(s) and/or builder(s) shall establish emergency
fire protection services, covering all real property contained within the project area during
course of construction and shall obtain a ‘will serve’ letter substantiating coverage from
the appropriate Fire District, Department or Company servicing the site.
h. The following Drainage Review conditions shall apply:
1. At the time of the application for building permits, drain down calculations shall be
included to confirm the retention basins will drain within 36 hours. If drywells are used for
drain down of the subsurface retention system, drywells shall be a Maxwell-Plus type
drywell system.
2. At the time of the application for building permits, structural calculations of the retention
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Wednesday, September 10, 2014
Page 12 of 54
basin wall shall be submitted for the acquisition of building permits.
3. All development and engineering design shall be in conformance with Section 1205 of
the Maricopa County Zoning Ordinance and current engineering policies, standards, and
best practices at the time of application for construction.
4. Drainage review of zoning cases is for conceptual design only and does not represent
final design approval nor shall it entitle applicants to future designs that are not in
conformance with section 1205 of the Maricopa County Zoning Ordinance and the
Maricopa County Drainage Policies and Standards.
5. Detailed Grading and Drainage Plans with a Drainage Report showing the new site
improvements must be submitted for the acquisition of building permits.
i. This Special Use Permit shall expire five (5) years from the date of approval by the
Board of Supervisors, or upon expiration of the lease to the applicant, or upon termination
of the use, whichever occurs first.
j. The applicant/owner shall submit a written report outlining the status of the development
at the end of one (1) year from the date of approval by the Board of Supervisors. The
status report shall be reviewed by staff to determine whether the Special Use Permit
remains in compliance with the approved stipulations.
k. The applicant shall obtain Building Permit(s) to retrofit the existing buildings associated
with the Special Use Permit, to meet current commercial building code requirements as
applicable and shall obtain a Certificate of Occupancy for the retrofitted building. Evidence
of compliance with this condition will be required at time of the status report.
l. The maximum number of employees in addition to residents of the household, shall be
limited to 10.
m. Hours of operation are limited to Monday through Friday, 8:00 a.m. to 5:00 p.m.
n. The maximum number of deliveries daily is limited to 2, not to exceed 10 per week.
o. 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.
p. 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).
q. Non-compliance with the regulations administered by the Maricopa County
Environmental Services Department, Maricopa County Department of Transportation,
Drainage Review Division, Planning and Development Department, or the Flood Control
District of Maricopa County may be grounds for initiating a revocation of this Special Use
Permit as set forth in the Maricopa County Zoning Ordinance.
r. 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 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
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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.
s. Business will only handle the products listed in the narrative. (C-44-15-012-M-00)
Mr. Gerard reviewed the item stating it is a Cottage Industry Special Use Permit for a
pharmaceutical warehousing, labeling and distribution facility. He advised that the
proposal as a cottage industry is subject to zoning ordinance section 1301.1.34. He
added that sub-items 1 through 16 must be met, and according to sub-section 15, any
deviations require the unanimous vote of the Board. He noted three deviations: 1) the
number of persons employed on site not living in the residence is limited to three and
the property owner would like to expand to ten; 2) the Cottage Industry may not exceed
the size of the dwelling, and the property owner would like to deviate from that standard;
and 3) off street parking must be provided but shall be limited to six, and the applicant
would like to provide ten off-street parking spaces for the additional propose staff. He
stated that the Planning and Zoning staff recommended approval unanimously 6-0,
subject to conditions ‘a’ through ‘s.’
Supervisor Kunasek noted that the applicant has been operating with the support of
surrounding neighbors, but asked for clarification on what is being repackaged.
Mr. Gerard noted that the applicant has all required state licensing and has coordinated
with the Sheriff’s Office, but would have to defer to the applicant for details on what they
do on site.
Mr. Jay Humphrey, owner of RLC Labs, stated his company repackages and distributes
to non-local customers. He added they do not solicit to locals, and United Postal
Service and Federal Express handle all deliveries and pick-ups.
Mr. Humphrey noted that when they first turned in the application the Sheriff’s Office
asked for more information, and after providing more information the Sheriff’s Office did
not have any concerns. He stated there are no dangerous drugs on the premises.
They are distributing a thyroid drug.
Chairman Barney asked if it was a prescription based medication, and Mr. Humphrey
responded that it was, but it is used only for thyroid. He noted that the thyroid
medication requires a prescription and there are several different versions of the drug,
including a version for animals and a version for humans.
Mr. Gerrard explained that Cottage Industry is a large, more intense home-based
business that can be based out of the home or out of the out-buildings on the property.
Chairman Barney stated that he is supportive of property rights and free enterprise, but
is concerned if the applicant would still be operating within the constraints of the
provision of the code. He noted that there were several individuals at the meeting who
came to speak and register their position.
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Chairman Barney went through the speaker forms on this item, registered the positions
(all in favor), and noted the residents who were present: Fredrick D. Merrill; Susan
Russell; Ann Smith; Roberto D. Sigmond representing Levi Schoefield; Richard Marone
representing Shannon Beethe and Mary Beethe.
Supervisor Kunasek noted that the applicant owns a five acre site that will get lost in the
area, and commented that he knows Ms. Susan Russell, and if she was opposed to this
request, she would have let him know.
Chairman Barney stated that it is helpful to the Board Members whenever people come
to the meeting in support.
Motion to concur with recommendations of Planning Commission to approve subject to
conditions “a” through “s” including waivers to Cottage Industry standards by
Supervisor Kunasek, seconded by Supervisor Chucri.
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
PZ-5. WHITE TANK FOOTHILLS
Case #: DMP2013004
P&Z Agenda Item: 5
Supervisor District: 4
Applicant/Owner Philip Miller Consultants, LLC for Citrus & Northern, LLC
Request: Major Amendment to the White Tank Foothills Development Master Plan (DMP)
Site Location: Generally located N. of Northern Ave., S. of Olive Ave., E. of Perryville Rd.
alignment, and W. of Citrus Rd.
Site Size: Approximately 640 acres
Commission Recommendation: The Commission voted 6-0 and recommended approval
subject to conditions ‘a’ – ‘w’ as listed below:
a. Development shall comply with the Development Master Plan document entitled, “White
Tank Foothills Phase 1: Parcels 1.1 & 1.4 Development Master Plan”, a bound document
consisting of 32 pages, dated revised May 14, 2014, and stamped received May 15, 2014,
including all exhibits, maps, and appendices, except as modified by the following
conditions.
b. Prior to approval of each applicable final plat of any subdivision within a phase
containing Olive Avenue, the Developer will be obligated to construct (or post the
necessary financial assurances) the ultimate half width roadway for the extent of Olive
Avenue, in that phase as depicted in the D.M.P. report.
c. Prior to approval of each applicable final plat of any subdivision within a phase
containing Citrus Road, the developer will be obligated to construct (or post the necessary
financial assurances) the ultimate half-width roadway for the extent of Citrus Road in that
phase, as depicted in the D.M.P. report.
d. Prior to approval of each applicable final plat of any subdivision within a phase
containing Perryville Road, the developer will be obligated to post a five (5) year
performance bond (in the amount of the total estimated construction costs) for a half width
roadway for the extent of Perryville Road in that phase, as depicted in the D.M.P report.
Prior to expiration of the bond, Maricopa County will determine the necessity for the
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roadway and Developer’s share of the responsibility.
e. Prior to approval of each applicable final plat of any subdivision within a phase
containing Northern Avenue, the developer will be obligated to construct or post a five (5)
year performance bond (in the amount of the total estimated construction costs) for a half-
width roadway for the extent of Northern Avenue in that phase, as depicted in the D.M.P.
report. Prior to expiration of the bond, Maricopa County will determine the necessity for
the roadway and Developer’s share of the responsibility.
f. Prior to zoning clearance of each applicable final plat, a total half-width of 70-foot right-
of-way shall be dedicated for Olive Avenue.
g. Prior to zoning clearance of each applicable final plat, a total half-width of 65-foot right-
of-way shall be dedicated for Northern Avenue and Citrus Road.
h. Prior to zoning clearance of each applicable final plat, a total half-width 55-foot right-of-
way shall be dedicated for Perryville Road, and a 10-foot roadway and utility easement
shall be provided adjacent to the right-of-way.
i. The applicant shall provide offsite improvements and related right-of-way as
recommended in the approved White Tank Foothills Traffic Impact Study, including
signalization if necessary.
j. Bike lanes shall be required on all arterial and collector alignments as specified in the
Maricopa County Bicycle Transportation System Plan.
k. Access points and median openings on all arterial streets shall be consistent with the
approved White Tank Foothills Traffic Impact Study dated revised March 6, 2003.
l. Development phasing shall assure two access points are provided.
m. Not less than 15 acres shall be set aside and donated (upon demand) to the Dysart
Unified School District to accommodate the projected need for one school. Developer will
continue to make the school site available for 15 years after the Board of Supervisors
approval of the White Tank Foothills rezoning. In the event that the site donation is not
accepted and for development within the 15-year period, or in the event that the Dysart
Unified School District ever ceases to use the site, the developer may retain a right of
reversion so that the land will revert to the developer or the developer’s assignee.
n. A Master Drainage Report was submitted in conjunction with the approval of
DMP200002. Drainage requirements will comply with the standards set forth in this Master
Drainage Report prepared by Hunn & Associates.
o. The total number of dwelling units for the White Tank Foothills shall not exceed 1,381.
To help ensure compliance, the cumulative number of dwelling units completed to date, in
relation to the identified limit, shall be identified on all plats.
p. The developer shall be responsible for construction of all public and private on-site
roadways within the designated White Tank Foothills boundaries. Further, the
homeowners association shall be responsible for the maintenance and upkeep of all
private roads, public open spaces and facilities, washes, parks, roadway median
landscaping, landscaping within public right-of-way adjacent to all major and minor arterial
roadways, and of pedestrian, bicycle and equestrian pathways.
q. Any alteration of existing natural washes shall be done in compliance with the rules and
guidelines set forth by the United States Army Corps of Engineers.
r. Designs of the water distribution and sewer collection system (on-site) for each phase of
the White Tank Foothills project shall be approved by the Maricopa County Environmental
Services Department prior to Final Plat approval of each phase by the Board of
Supervisors.
s. The applicant shall provide a minimum of 97 acres of useable open space to include a 9
acre neighborhood park.
t. The following Maricopa County Environmental Services Department (MCESD) condition
shall apply:
1. Development and engineering design shall be in conformance with the Maricopa
County Stormwater Quality Management and Discharge Control Regulation.
u. The following Drainage Review conditions shall apply:
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1. Drainage review of planning and/or zoning cases is for conceptual design only and
does not represent final design approval nor shall it entitle applicants to future designs
that are not in conformance with Section 1205 of the Maricopa County Zoning Ordinance
and the Maricopa County Drainage Policies and Standards.
2. All development and engineering design shall be in conformance with Section 1205 of
the Maricopa County Zoning Ordinance and current engineering policies, standards and
best practices at the time of application for construction.
v. Major changes to this Development Master Plan (the land use plan and narrative report)
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 the Planning and Zoning Commission.
w. Non-compliance with the Development Master Plan (the land use plan and narrative
report) or the conditions of approval will be treated as a violation in accordance with the
provisions of the Maricopa County Development Master Plan Guidelines and the Maricopa
County Zoning Ordinance. (C-44-15-013-M-00)
Mr. Gerard provided background information for this item and noted that there is
opposition concerning the loss of commercial in the area. Staff noted there is a 25 acre
community commercial site across the street from what is being removed. The
Commission’s recommended approval subject to conditions “a” through “w.”
Mr. Gerard also reviewed the related item PZ-6, and noted the Commission
recommended approval subject to conditions “a” through “s.” He added that the
applicant asked for clarifying language on the first footnote of condition “d” so that it
reads, “any lot directly adjacent to the developed lots with a one story unit outside of
White Tank Foothills Parcel 1.1 and 1.4 will be limited to one story or 24 feet.” This
condition shall not apply if the lot is adjacent to a street separating the lot from the
existing one story home.” He noted that each item would require separate motions.
Ms. Jordan Rose of Rose Law Group, representing the applicant, Kelly Hall for Philip
Miller Consultants, LLC, thanked the Board and staff for working with them on this item.
She noted that they have reached out to the neighbors and provided this stipulation that
she believes is satisfactory to everyone they have talked to.
Chairman Barney stated that the Board Members had not received any registered
opposition prior to the case or today. He noted that the applicant and Commission have
worked hard to reach out, which has helped in the process.
Supervisor Rogers noted there is now a walking path to that development and the
business development. She added that she supports the project and would like to move
forward on the item.
Ms. Rose asked the Board Members to include the stipulations and language the
applicant agreed to in their motion.
Motion to concur with recommendations of Planning Commission to approve subject to
conditions “a” through “w” by Supervisor Hickman, seconded by Supervisor Kunasek.
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
PZ-6. WHITE TANK FOOTHILLS PARCEL 1.1 AND 1.4
Case #: Z2013078
P&Z Agenda Item: 6
Supervisor District: 4
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Applicant/Owner: Phillip Miller Consultants, LLC for Citrus & Northern LLC.
Request: Zone Change from C-2 and C-1 to R1-6 RUPD
Site Location: Parcel 1.1 located SWC Olive Ave. and Citrus Rd.; Parcel 1.4 located NWC
corner Seldon Ln. and Citrus Rd.
Site Size: Parcel 1.1 - 18.46 gross ac.; Parcel 1.4 - 6.93 gross ac.
Commission Recommendation: The Commission voted 6-0 to approve Z2013078 subject
to the conditions ‘a’ – ‘s’:
a. Development of the site shall comply with the preliminary plat entitled “White Tank
Foothills Parcel 1.1 & 1.4“, consisting of 3 full-size sheets, dated May 22, 2014, and
stamped received June 16, 2014, except as modified by the following conditions.
b. Development of the site shall be in conformance with the Narrative Report entitled
“White Tank Foothills Phase 1: Parcels 1.1 & 1.4, consisting of 25 pages, dated June 12,
2014, and stamped received June 16, 2014, except as modified by the following conditions.
c. Development of the site shall comply with the Landscape Plan entitled “White Tank
Foothills Parcels 1.1 & 1.4”, consisting of 3 full-size sheets, sealed May 28, 2014, and
stamped received June 16, 2014, except as modified by the following conditions. All trees
shall be double-staked when installed.
d. Zoning standards for R1-6 RUPD are approved as follows:
Maximum Height: 30’ *
Minimum Front Yard **: 10’ (18’ garage) ***
Minimum Side Yard: 5’
Minimum Street Side Yard: 5’ ****
Minimum Rear Yard: 20’
Lot Area: 5,500 sq. ft.
Minimum Lot Width: 50’
Average Lot Area per Dwelling Unit: 6,000 sq. ft.
Maximum Lot Coverage: 45%
Parking Spaces per Dwelling Unit: 2
* Any lot adjacent to developed lots (with a 1 story unit) outside of White Tank Foothills
Parcel 1.1 and 1.4 will be limited to 1 story or 24’.
** The minimum front setback (or front yard) line for all “irregular” or non- rectangular
shaped lots shall be established at the distance between the front property line and a line
parallel to the street chord at the point where said line achieves the minimum lot width but
in no case shall be less than the minimum prescribed front yard line for each zoning
district.
*** Front yard setback shall be 10’ livable area or to a garage with side entry.
**** The Street side setback of 5’ shall be adjacent to a 10’ street-side landscape tract
e. Variations to the development standards as indicated in the approved Unit Plan of
Development (UPD) table may be varied by the Board of Adjustment in accordance with
Article 303.2.2 of the Maricopa County Zoning Ordinance (MCZO).
f. The minimum open space for Parcel 1.1 shall be 3.41 ac. with an accessible 2.31 active
open space area to include a grass area, a turf badminton court, benches, ramada, and
bocce ball court.
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g. The minimum open space for Parcel 1.4 shall be 2.21 ac. with an accessible 1.95 ac.
open space to include a grass area, an outdoor fitness center, ramada, benches.
h. All transformers, back-flow prevention devices, utility boxes and all other utility related
ground mounted equipment shall be painted to complement the development and shall be
screened with landscape material where possible.
i. All interior streets within the proposed development are to be constructed to minimum
County standards.
j. Prior to issuance of any permits for development of the site, the applicant/property owner
shall obtain the necessary encroachment permits from the Maricopa County Department of
Transportation (MCDOT) for landscaping or other improvements in the right-of-way.
k. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance.
l. Development of the site shall be in compliance with all applicable Maricopa County Air
Quality rules and regulations.
m. Prior Final Plat approval, developer(s) and/or builder(s) shall establish emergency fire
protection services, covering all real property contained within the project area during
course of construction and shall obtain a ‘will serve’ letter substantiating coverage from the
appropriate Fire District, Department or Company servicing the site.
n. The following Drainage Review conditions shall apply:
1. Drainage review of planning and/or zoning cases is for conceptual design only and does
not represent final design approval nor shall it entitle applicants to future designs that are
not in conformance with section 1205 of the Maricopa County Zoning Ordinance and the
Maricopa County Drainage Policies and Standards.
2. Development and engineering design shall be in conformance with Section 1205 of the
Maricopa County Zoning Ordinance and current engineering policies, standards, and best
practices at the time of application for construction.
3. Based on the conceptual design nature of the preliminary plat plans submitted, changes
to the site layout and/or reduction in the number of building lots may be necessitated by the
final engineering design of the subdivision drainage infrastructure
o. All habitable buildings constructed within this subdivision shall be constructed to attain a
noise reduction level as per ARS § 28-8482(B).
p. Amendments to the site plan and narrative report shall be processed as a revised
application in accordance with Maricopa County Zoning Ordinance Article 304.9.
q. Noncompliance with the conditions of approval will be treated as a violation in
accordance with the Maricopa County Zoning Ordinance. Further, noncompliance of the
conditions of approval may be grounds for the Planning and Zoning Commission to take
action in accordance with Chapter 3 (Conditional Zoning).
r. Non-compliance with the regulations administered by the Maricopa County
Environmental Services Department, Maricopa County Department of Transportation,
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Drainage Review Division, Planning and Development Department, or the Flood Control
District of Maricopa County may be grounds for initiating a revocation of this Zone Change
as set forth in the Maricopa County Zoning Ordinance.
s. The property owner/s and their successors waive claim for diminution in value if the
County takes action to rescind approval due to noncompliance with conditions. (C-44-15-
014-M-00)
Chairman Barney asked Mr. Gerard to read the stipulations for PZ-6.
Mr. Gerard read the stipulations stating the applicant’s request to include clarifying
language for the first footnote of condition “d” to read, “any lot directly adjacent to the
developed lots with a one story unit outside of White Tank Foothills Parcel 1.1 and 1.4
will be limited to one story or 24 feet. This condition shall not apply if the lot is adjacent
to a street separating the lot from the existing one story home.”
Supervisor Kunasek asked the applicant to address the treatment of the streetscape
and what is going to be seen from people coming and going both north and south on
Citrus or east and west on Olive.
Ms. Rose stated the development standards will be compatible with what Pulte has
developed and under the same Covenants, Conditions, and Restrictions (CC&R).
Chairman Barney asked if the Homeowner’s Association (HOA) will be expanded to
include the new units. Ms. Rose stated that the Chairman was correct.
Motion to approve by Supervisor Hickman, seconded by Supervisor Chucri.
The Clerk announced that the motion needed to include the amended stipulations.
Motion amended to concur with recommendations of Planning Commission and Staff to
approve subject to conditions “a” through “s” with recommended amendment to “d” by
Supervisor Hickman, seconded by Supervisor Chucri.
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
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. 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-06-15-057-L-00):
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Friday, October 3, 2014 from 4:00 PM to 12:00 AM;
Saturday, October 4, 2014 from 10:00 AM to 12:00 AM
Sunday, October 5, 2014 from 10:00 AM to 11:00 PM
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
b. SPECIAL EVENT LICENSE FOR ST. STEVENS CATHOLIC CHURCH
Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application
filed by Fr. Eric Houseknecht for St. Stevens Catholic Church at 24827 South
Dobson Road, Sun Lakes, Arizona 85248 to be held on Friday, November 21,
2014 from 6:00 PM to 10:00 PM. (Supervisorial District 1) (C-06-15-058-L-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
c. SPECIAL EVENT LICENSE FOR ST. STEVENS CATHOLIC CHURCH
Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application
filed by Fr. Eric Houseknecht for St. Stevens Catholic Church at 24827 South
Dobson Road, Sun Lakes, Arizona 85248 to be held on Friday, October 10, 2014
from 5:00 PM to 9:00 PM. (Supervisorial District 1) (C-06-15-059-L-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
d. SPECIAL EVENT LICENSE FOR CROWN OF LIFE LUTHERAN CHURCH
Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application
filed by Richard J. Anderson for Crown of Life Lutheran Church at 19803 R.H.
Johnson Blvd., Sun City West, Arizona 85375 to be held on Friday, October 24,
2014 from 3:00 PM to 8:00 PM. (Supervisorial District 4) (C-06-15-060-L-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
e. SPECIAL EVENT LICENSE FOR KNIGHTS OF COLUMBUS COUNCIL #11809
Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application
filed by Ronald William Rinder for Knights of Columbus Council #11809 at 19002
North 128th Avenue, Sun City West, Arizona 85375 to be held on Saturday,
September 20, 2014 from 5:00 PM to 10:00 PM and Saturday, December 20, 2014
from 5:00 PM to 10:00 PM. (Supervisorial District 4) (C-06-15-061-L-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
f. SPECIAL EVENT LICENSE FOR SCW ZUMURGY CLUB
Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application
filed by Randall P Pace for SCW Zumurgy Club at 13800 Deer Valley Drive, Sun
City West, Arizona 85375 to be held on Saturday, October 18, 2014 from 5:00 PM
to 10:00 PM. (Supervisorial District 4) (C-06-15-071-L-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
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Wednesday, September 10, 2014
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AGENCY ITEMS AND STATUTORY MATTERS
ARTÍCULOS DE AGENCIA Y ASUNTOS REGLAMENTARIOS
COUNTY OFFICERS - OFICIALES DE CONDADO
Assessor - Asesor
6. ONE-TIME PAYMENT TO TYLER TECHNOLOGIES, INC.
Authorize a one-time payment of $134,400.00 to Tyler Technologies, Inc. for the rendering
of services under the Competitive Gap Analysis conducted as part of the Request for
Proposal (BS13129-RFP) process to select a vendor to buy, upgrade, install and maintain
the Assessor’s Office new Computer Aided Mass Appraisal (CAMA) system. Per the
solicitation, the unsuccessful vendor (Tyler Technologies) will be compensated for services
provided in the Competitive Gap. Two vendors were selected to participate in this phase of
the procurement process. The successful vendor will be compensated through the award
of a contract for the new software solution. The proposed contract will be brought to the
Board of Supervisors for consideration after the completion of the selection process. (C-12-
15-002-M-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
County Attorney - Procurador del Condado
7. OFFICIAL APPOINTMENTS AND OATHS OF OFFICE - COUNTY ATTORNEY
1. Pursuant to A.R.S. § 11-409, approve the official appointment of the following deputies
and assistants of the Maricopa County Attorney. Authorize the Clerk of the Board of
Supervisors to certify the Official Appointment and Oaths of Office in accordance with A. R.
S. § 38-231. (C-19-15-005-9-00)
June 9, 2014
Ruth Faulkner, Deputy County Attorney
Rebecca Hartrick, Deputy County Attorney
June 23, 2014
Dana Barney, Paralegal
Tova Berto, Paralegal
Samantha Day, Paralegal
Joshua Egan, Deputy County Attorney
Kristen Fetter, Deputy County Attorney
Nicole Hood, Paralegal
Elizabeth Lake, Deputy County Attorney
Jill Pope, Paralegal
July 7, 2014
Alexandra Castrellon, Legal Support Assistant
Tina Gomez, Legal Support Assistant
Graciela Greene, Detective
Nicholas Hartman, Deputy County Attorney
Cheryl Hornbaker, Legal Support Assistant
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Lynn Johnson, Legal Support Assistant
Jeff Kurpinsky, Detective
Denise Lian, Legal Support Assistant
David McConville, Paralegal
John Merrell, Detective
Janet Patton, Legal Support Assistant
AnnaRose Pouliot, Legal Support Assistant
Veronica Razo, Legal Support Assistant
Melissa Rivera, Legal Support Assistant
Rosalina Yem, Legal Support Assistant
July 21, 2014
Christina Alvarez, Legal Support Assistant
Juliana Angelina-Charron, Deputy County Attorney
Amanda Chavez, Legal Support Assistant
Michael Compian, Legal Support Assistant
Ambrosia Cox, Legal Support Assistant
Clare Cushing, Paralegal
Ashley Jones, Legal Support Assistant
Melinda Lopez, Legal Support Assistant
Lucila Nunez, Legal Support Assistant
Tara Prochko, Deputy County Attorney
Angela Reed, Legal Support Assistant
Christina Roberts, Fleet Fixed Asset Acct
Maria Washburn, Legal Support Assistant
Britni Brooks, Legal Support Assistant
2. Pursuant to A.R.S. § 11-409, approve the official appointment of the following law school
students as Deputy County Attorneys in accordance with Rule 38 (d) et al, of the Rules of
the Supreme Court of Arizona. These un-paid law school students, deemed by the County
Attorney to be qualified under the Arizona Supreme Court Rules, Rule 38(d)(5), will
conduct the prosecution of criminal cases as allowed by Rule 38(d)(3)(B). Authorize the
Clerk of the Board of Supervisors to certify the Official Appointment and Oaths of Office in
accordance with A. R. S. § 38-231. (C-19-15-005-9-00)
June 9, 2014
Isaiah Richie, Arizona State University
June 10, 2014
Kristina Keffeler, Arizona State University
June 12, 2014
Harold Smith, Arizona State University
June 17, 2014
Julia Steciuk, Albany Law School
Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
Sheriff - Alguacil
8. DONATION TO MASH UNIT
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Wednesday, September 10, 2014
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Approve acceptance of a cash donation of $250 from Sabrina Parsons to the Maricopa
County Sheriff's Office that is designated for Animal Safe Haven (MASH). The donation will
be used to help fund the care and treatment of animals that become part of the Sheriff's
custody resulting from criminal animal abuse situations. (C-50-15-012-M-00)
Blue Crowley, resident, noted he approved of this item. He stated this item is an
example of the County doing something positive for the animals. He said the Animal
Care and Control Durango Facility would be having a free rabies vaccination event. He
stated he would like the Board to expand these two programs. He suggested sending
the animals from Animal Care and Control to the MASH Unit and not to euthanize them.
He added he would like the County to expand their outreach to the feral cat community
and offer free spay and neutering services.
Supervisor Rogers asked if they knew how many animals were currently being
managed at the MASH Unit.
Scott Freeman, Sheriff’s Office, stated he did not know the exact number of animals and
would find out.
Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
9. SOLE SOURCE PROCUREMENT WITH BULL H.N.
Approve of a Sole Source procurement with BULL H.N. (14071-SS) to purchase licensing
fees, administrative services, and hardware for the Sheriff's Office Jail Management
System (JMS).
Approval of this item will allow MCSO to continue operating the Jail Information
Management System (JMS) using the current vendor. This procurement covers monthly
licensing fees, yearly disaster recovery fees, and replacement of hardware that is no longer
operative. The JMS application was written on a BULL operating system and no other
vendor carries the compatible hardware or may issue the licensing fees needed for the
program.
Funding for this procurement was planned and budgeted for FY 2015. (C-50-15-014-M-00)
Chairman Barney stated that there was a need for the Jail Management System and he
was grateful the item was moving forward.
Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
10. AMENDMENT TO THE SUBGRANTEE AGREEMENT FROM THE ARIZONA
DEPARTMENT OF HOMELAND SECURITY
Approve Amendment No. 3 to the Subgrantee Agreement from the Arizona Department of
Homeland Security, Project # 888206-01. This amendment extends retroactively the
expiration date of the Agreement from July 31, 2014 until August 31, 2014.
The extension request for this project was just recently approved by the Arizona
Department of Homeland Security.
This Amendment extends the amount of time available to the project which will enable the
Sheriff’s Office to connect the law enforcement agencies that have created CopLink
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Regional Nodes, creating AZLink as the regions are integrated. (C-50-12-032-G-03)
Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
11. AGREEMENT WITH THE DRUG ENFORCEMENT ADMINISTRATION FOR ORGANIZED
CRIME DRUG ENFORCEMENT TASK FORCES
Approve the Agreement and acceptance of up to $617,337.01 in continued funding from
the Drug Enforcement Administration, Organized Crime Drug Enforcement Task Force
(OCDETF) Investigative/Strategic Initiative # SWAZP0706. The term of this Agreement is
from October 1, 2014 through September 30, 2015.
The Sheriff’s Office indirect cost rate for FY2015 is 15.7%. Unrecoverable indirect costs
associated with this funding are estimated to be $41,205.81. There will be capital
purchases ($354,879.59) that are not included in the indirect cost calculation.
Approval of this Agreement will enable the Sheriff’s Office to purchase specialized
equipment for undercover investigations and reimbursement of operational costs incurred
by state and local enforcement of OCDETF Strike Force Investigation / Strategic Initiative.
This task force disrupts the illicit drug trafficking organizations in Maricopa County and the
State of Arizona by immobilizing targeted trafficking violators. (C-50-15-015-G-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
12. AGREEMENT WITH US DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT
ADMINISTRATION FOR THE DEA TASK FORCE FY2015 – 1 LAW ENFORCEMENT
OFFICER
Approve the Task Force Agreement and acceptance of up to $17,374.25 in continued
reimbursement funding from the US Department of Justice, Drug Enforcement
Administration. The term of this Agreement is September 30, 2014 through September 29,
2015.
The Sheriff’s Office FY15 indirect cost rate is 15.7%. The unrecoverable indirect costs are
estimated to be $2,727.76.
Approval of this agreement allows for reimbursement of overtime paid to the one deputy
assigned to the DEA Task Force. The purpose of the agreement is to enhance disruption
of the illicit drug traffic in Maricopa County and the State of Arizona by immobilizing
targeted trafficking violators and organizations. The Sheriff’s Office has cooperated with
the DEA since 1998. (C-50-15-016-G-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
13. AGREEMENT WITH US DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT
ADMINISTRATION FOR THE DEA TASK FORCE FY2015 – 2 LAW ENFORCEMENT
OFFICERS
Approve the Task Force Agreement and acceptance of up to $34,748.50 in continued
reimbursement funding from the US Department of Justice, Drug Enforcement
Administration. The term of this Agreement is September 30, 2014 through September 29,
2015.
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The Sheriff’s Office FY15 indirect cost rate is 15.7%. The unrecoverable indirect costs are
estimated to be $5,455.51.
Approval of this agreement allows for reimbursement of overtime paid to the two deputies
assigned to the DEA Task Force. The purpose of the agreement is to enhance disruption of
the illicit drug traffic in Maricopa County and the State of Arizona by immobilizing targeted
trafficking violators and organizations. The Sheriff’s Office has cooperated with the DEA
since 1998. (C-50-15-017-G-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
14. AMENDMENT TO LEASE AGREEMENT WITH ARENA PROPERTIES, LLC
Approve and execute Amendment No. 4 to Lease No. L-7226 with Arena Properties, LLC.
The purpose of this amendment is to provide for construction and payment of certain
tenant improvements. This amendment is effective from September 1, 2014. The lease
expires June 30, 2015.
This location houses the Sheriff's Office Jail Intelligence and Security Unit which is
relocating from Headquarters back to this facility. Modifications to the site are necessary to
accommodate this unit's work. The estimated cost for improvements is $37,500. (C-50-00-
041-4-05)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
15. SOLE SOURCE PROCUREMENT OF BELL HELICOPTER 14070-SS
Approve a Sole Source Procurement Contract (14070-SS) for $3,400,108 to purchase a
new 2014 Bell 407GX Helicopter from Bell Helicopter, a Textron Company.
The helicopter has a seven-person capacity with lift capabilities of up to 5,250 lbs. This
aircraft's basic components are consistent with the current Sheriff's Office aircraft and
Sheriff's pilots and mechanics are trained on this type of aircraft, which would result in
minimal re-training.
This manufacturer's product best meets requirements of the Maricopa County's Search and
Rescue demands. It has the power, strength, and maneuverability required to safely
negotiate Maricopa County's desert mountains, tight canyons, and arroyos in the face of
strong monsoonal winds, temperature extremes, and other weather conditions unique to
this area. (C-50-15-013-M-00)
Clerk’s note: The Clerk of the Board noted the following amendments:
On the first page, line 1: change reference to eighth on line one of the Contract to the
tenth of September; Paragraph 5.10: change reference of the District to the County;
Reformatting of paragraph 5.20
Motion to approve as amended by Supervisor Chucri, seconded by Supervisor
Hickman
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Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
Superintendent of Schools - Education Service Agency - Superintendente de Escuelas -
Agencia de Servicio de Educación
16. SCHOOL DISTRICT GOVERNING BOARD ELECTIONS CANCELLATIONS
Pursuant to A.R.S. § 15-424(D), cancel the attached list of governing board positions in
which only one person filed a nomination petition or a nomination paper as a write-in. Also,
declare vacant the governing board positions listed on the attachment for which no person
filed nominating petitions or a nomination paper as a write-in and allow the Maricopa
County Superintendent of Schools to appoint in accordance with A.R.S. § 15-302(A).
A.R.S. § 15-424(D) - If only one person files or no person files a nominating petition or
nomination paper for a write-in candidate for an election to fill a district office, the board of
supervisors no earlier than seventy-five days before the election may cancel the election
for the position and appoint the person who filed the nominating petition to fill the position.
If no person files a nominating petition for an election to fill a district office, the board of
supervisors no earlier than seventy-five days before the election may cancel the election
for that office and that office is deemed vacant and shall be filled as provided in § 15-302.
Several school district elections in Maricopa County qualified for this action, as reflected on
the Recommended Governing Board Election Cancellations, which is on file with the Clerk
of the Board of Supervisors and included in the board materials. A person who is appointed
pursuant to this subsection is fully vested with the powers and duties of the office as if
elected to that office. In November 2014, the Board of Supervisors will appoint those
candidates who filed nomination petitions or write in nomination papers on or before
August 20, 2014, to serve the specified terms as school district governing board members
in these districts, terms to begin January 1, 2015. Seats for which no person filed
nominating petitions or a nomination paper as a write-in and declared vacant shall be filled
by appointment by the Maricopa County Superintendent of Schools. (C-37-15-002-6-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Rogers
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
JUDICIAL BRANCH - PODER JUDICIAL
Superior Court - Tribunal Superior
17. ONE TIME "NOT TO EXCEED" CONTINGENCY FOR JUVENILE KITCHEN
EQUIPMENT
In accordance with A.R.S. § 42-17106(B), authorize the following amendment to the FY
2015 budget:
a) Decrease the Non Departmental (470) Detention Fund (255) Non Recurring Non Project
(0001) Contingency (4711) "Unreserved Contingency" expenditure appropriation by an
amount not-to-exceed $602,046;
b) Increase the Juvenile Probation (270) Detention Fund (255) Juvenile Kitchen Equipment
(JUV1) expenditure appropriation by an amount not-to-exceed $602,046 from $1,225,942
to not more than $1,827,988.
Any savings associated with Detention Fund (255) operations within the Judicial Branch
and Facilities Management Major Maintenance will be used to reduce the requested
transfer.
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These actions will have a County-wide net impact of zero and they do not alter the budget
constraining the expenditure of local revenues duly adopted by the Board pursuant to
A.R.S. § 42-17105.
Approval of this action will provide the two secure Juvenile Detention Center facilities,
operated by the Juvenile Probation Department, the additional funding necessary to fund
the design and upgrades of the existing kitchen facilities at both facilities. (C-27-15-003-2-
00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Rogers
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
18. REMOVE AND DISPOSE OF SURPLUS ITEMS
Authorize the Juvenile Probation Department (JPD) to sell surplus radio frequency
identification equipment (RFID) to Codex Corporation (Codex), in the amount of $21,150.
The Juvenile Probation Department purchased RFID equipment to upgrade the monitoring
of minors housed in the two juvenile detention facilities. The surplus RFID equipment was
developed and dedicated specifically for JPD detention operations and can only be
modified by Codex. Therefore it only has value to Codex. The JPD no longer has any
current or foreseeable use of the equipment. Allowing Codex to purchase the equipment
relieves JPD of any unknown disposal costs. Codex has agreed to purchase the surplus
items in the amount of $21,150.
THIS ITEM REQUIRES UNANIMOUS CONSENT OF THE BOARD. (C-27-15-002-2-00)
Motion to approve by roll call vote by Supervisor Chucri, seconded by Supervisor
Kunasek.
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
COUNTY OFFICES AND DEPARTMENTS
DEPARTAMENTOS Y OFICINAS DEL CONDADO
Employee Benefits and Health - Beneficios a los Empleados y la Salud
19. REAPPOINTMENT AND RESIGNATIONS TO THE RYAN WHITE PLANNING COUNCIL
Approve the following reappointment of Cynthia Trottier – General Public Representative,
to the Ryan White Planning Council for a three year term, effective September 1, 2014
through August 31, 2017.
Accept the resignations of the following individuals from the Ryan White Part A Planning
Council:
Len Stewart as a service provider, effective February 28, 2014
Kimberly Yellow Robe as an Institutional member, effective March 31, 2014
Norman Wagner as a General Public Representative, effective March 31, 2014.
Consistent with Article III of the Bylaws of the Phoenix EMA Ryan White Planning Council
and after satisfactory completion of the pre-screening processes approved by the Maricopa
County Board of Supervisors for existing and new Planning Council members, the County
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Manager recommends the appointment of Cynthia Trottier – General Public
Representative, for a three year term effective September 1, 2014 through August 31,
2017.
The Membership Committee of the Ryan White Planning Council has confirmed that the
individuals listed above represent membership categories consistent with the Council
Bylaws and federally mandated membership requirements. (C-39-15-003-9-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
20. PROOF OF CLAIM FOR IN RE WELLBUTRIN SR ANTITRUST LITIGATION, NO. 04-CV-
5898
Approve the Proof of Claim submitted by Maricopa County on June 17, 2013 for inclusion
in the settlement of a certified class action filed by other entities for reimbursement of
overpayments made for certain brand-name prescription drugs. Authorize compromise of
the claim in the amount of $4,674.54.
This request concerns the lawsuit entitled In re Wellbutrin SR Antitrust Litigation, No. 04-
CV-5898. The plaintiffs, direct and indirect purchasers of Wellbutrin XL, have sued Biovail
and GSK for illegally conspiring to prevent generic versions of Wellbutrin XL from entering
the American market by filing sham patent infringement lawsuits and a citizen petition with
the Food and Drug Administration ("FDA"), and entering into agreements with generic
companies to settle the lawsuits. The Defendant has entered into a $21.5 million
Settlement. After deducting attorneys’ fees and expenses, service awards to the Class
Representatives, and notice and administrative fees, the net fund will be distributed to
Third Party Payers who made payments for Wellbutrin SR and/or its AB-rated generic
equivalents and who submit a valid claim on time.
Maricopa County filed a Proof of Claim on June 17, 2013. The class settlement provides for
payment of Maricopa County’s claim in the amount of $4,674.54. The Board is requested to
approve the Proof of Claim submitted and authorize the compromise of the claim in the
amount of $4,674.54. (C-39-15-004-2-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
Environmental Services - Servicios Ambientales
21. AUTHORIZE RENEWAL OPTION FOR LEASE AGREEMENT WITH 1255 BASELINE,
LLC
Approve and execute Amendment No. 5, 3 of 4, 1-year lease renewal options to Lease No.
L-7311, and authorize the County's Real Estate staff to give written notice to 1225
Baseline, LLC for the property located at 1255 W. Baseline Rd., Mesa, AZ . This
amendment extends the term of the lease from January 28, 2015 to January 27, 2016.
Environmental Services occupies approximately 5,110 rentable square feet of leased
space with Suites 257 and 270 at 1255 West Baseline Road in Mesa. The current lease,
which expires on January 27, 2015, allows the County two (2) remaining one-year renewal
options. To exercise its renewal option, the County is required to give written notice to the
Landlord at least 90-days prior to the expiration of the lease term. The base rent during the
second renewal term is $19.50 per square foot per year plus applicable taxes. The current
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renewal term will expire on January 27, 2015, unless extended via the third of four 1-year
renewal options. The County may terminate the Agreement at any fiscal year end should
funds not be available or with 180-day written notice. (C-88-02-009-4-05)
Supervisor Chucri noted that he was unable to find the current base rate in the backup
information, but was told it is a small increase to $19.50.
Motion to approve by Supervisor Chucri, seconded by Supervisor Rogers
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
Finance - Finanzas
22. FUNDS TRANSFERS; WARRANTS - TRANSFERENCIAS DE FONDOS; WARRANTS
Approve regular and routine fund transfers 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. Said warrants and claims are on file in the
Clerk of the Board’s office and retained in accordance with ASLAPR approved retention
schedule.
Motion to approve by Supervisor Chucri, seconded by Supervisor Rogers
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
Human Services - Servicios Humanos
23. CONTRACT WITH BANNER HEALTH-OLIVE BRANCH SENIOR CENTER
Approve a contract between Banner Health - Olive Branch Senior Center and Maricopa
County, administered by its Human Services Department (HSD), in the not-to-exceed
amount of $10,000. The purpose of the contract is to provide Olive Branch Senior Center
with funding for the provision of support services to elderly residents in the Sun City
community. This Contract is retroactive to July 1, 2014 and will expire on June 30, 2015.
Funding for the contract with Banner Health-Olive Branch Senior Center continues the
County's historical commitment to Banner Health and are provided from HSD’s FY 2014
FY2015 appropriated general funds. (C-22-15-013-3-00)
Motion to approve by Supervisor Rogers, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
24. CONTRACT WITH CENTRAL ARIZONA SHELTER SERVICES
Approve a contract between Central Arizona Shelter Services (CASS) and Maricopa
County, administered by its Human Services Department (MCHSD), in the amount not-to-
exceed amount of $750,000. The purpose of this contract is to provide funding for 1) CASS
shelter operations and support services in the amount of $450,000; and 2) Men’s Overflow
Shelter in the amount up to $300,000 to eligible homeless individuals. This contract is
effective from July 1, 2014 to June 30, 2015.
This contract with CASS is an appropriation in the budget adopted by the Board of
Supervisors for Fiscal Year 2015. The purpose of this contract is to provide shelter and
support services for homeless individuals and families while assisting them to become self-
reliant. Through this contract CASS will provide emergency shelter for over 400 homeless
individuals each night and over 4,100 people annually.
The goal of the shelter and support services outlined in the agreement is to increase the
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level of self-reliance and decrease the need for public support services for homeless
individuals. There is not a long-term commitment on the part of the County beyond the
terms of this contract. (C-22-15-014-3-00)
Chairman Barney stated he appreciated the efforts of Tom Manos, County Manager,
and Bruce Liggett, Director, Human Services Department, in coming up with transitional
solutions for that overflow shelter.
Mr. Manos thanked Chairman Barney and stated the new contract requires a decrease
in population inside the Men’s Overflow Shelter until there are no clients housed in the
facility.
Motion to approve by Supervisor Rogers, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
25. AMENDMENT TO IGA WITH ARIZONA DEPARTMENT OF ECONOMIC SECURITY
Approve Amendment No. 1 to the financial Intergovernmental Agreement (IGA) with
Arizona Department of Economic Security (DES) and Maricopa County, administered by its
Human Services Department (HSD) for Workforce Investment Act Activities. The purpose
of the Amendment is to allocate the PY2014/FY2015 funding of $13,187,476 for Workforce
Investment Activities for Youth, Adult and Dislocated Workers. The IGA reimbursement
ceiling has now been increased from $13,357,733 to $26,545,209. The funds are provided
under the Workforce Investment Act (WIA) Title, 1B Federal Grant program from the U.S.
Department of Labor. As such, the funds are subject to all the provisions of Public Law
111-5 as well as any guidance issued by the U.S. Department of Labor and DES.
The Amendment makes clarification and minor programmatic changes that HSD will be
able to meet in: funding expenditures, follow-up services, agreement requirements,
corrective action plans, program monitoring and procurement administration.
The term of the IGA is effective date is April 1, 2013 and shall expire on August 31, 2018.
The funds allocated through this Amendment shall be expended by June 30, 2016 and final
expenditure report for the funds submitted by August 15, 2016.
The FY2015 Human Services Department negotiated U.S. Department of Health and
Human Services indirect cost rate is 18.4% of salaries and personnel related costs. The
total agreement funds are $13,187,476 of which $4,728,228 is for personnel. The total
recovered allowable indirect cost amount is $869,994 and the unrecoverable indirect cost
is $0.
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-22-13-
072-3-01)
Motion to approve by Supervisor Rogers, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
26. AMENDMENT TO IGA WITH ARIZONA DEPARTMENT OF ECONOMIC SECURITY
Approve Amendment #11 to the Revenue Agreement (C-22-10-083-3-00) between the
Arizona Department of Economic Security (DES) and Maricopa County, administered by its
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Human Services Department (MCHSD). The purpose of the amendment is to increase
funding for Community Services by $60,954 from $742,244 to $803,198. The FY2014 –
2015 total amount is $4,665,462 and the reimbursement ceiling for the contract period July
1, 2010 to June 30, 2015 is increased from $25,127,104 to $25,188,058.
The FY 2015 Human Services Department’s negotiated U.S. Department of Health and
Human Services proposed indirect cost rate is 18.4% of salaries and employee related
expenses. The total grant funds for Amendment #11 are $60,954, of which $49,739, are for
salaries and employee related expenses. The total estimated indirect cost recovery for
Amendment #11 is $9,152 and is fully recoverable.
Amendment 11 adds Section 6.4.8 to the Services Provision that specifies services
delivery throughout the designated geographic services area.
Funding for this Amendment does not impact the County General Fund. The overall grant
budget will be adjusted as necessary to accommodate this Amendment through a future
reconciliation. Grant revenues are not local revenues for the purpose of the constitutional
expenditure limitation, and therefore expenditure of these revenues by Maricopa County 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.
(C-22-10-083-3-11)
Motion to approve by Supervisor Rogers, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
Management and Budget - Administración y Presupuesto
27. CONTRACT WITH GREATER PHOENIX CONVENTION AND VISITORS BUREAU FOR
NONPROFIT ECONOMIC DEVELOPMENT FUNDING
Approve a Contract between Greater Phoenix Convention and Visitors Bureau and
Maricopa County administered by its Office of Management and Budget, in an amount not-
to-exceed $222,431. The purpose of this Contract is to provide FY 2015 non-profit
economic development funding to the Greater Phoenix Convention and Visitors Bureau for
purposes to include attracting conventions, conferences and meetings; marketing and
communications; the promotion of leisure travel; and other related activities. This Contract
is effective from July 1, 2014 until June 30, 2015. (C-49-15-007-3-00)
Motion to approve by Supervisor Kunasek, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
Medical Examiner - Médico Forense
28. EXCEPTION TO SPECIAL WORK ASSIGNMENT PAY POLICY FOR THE OFFICE OF
THE MEDICAL EXAMINER
Approve an exception to the Policy No. B7001, Special Work Assignments (“SWA”) for the
Office of the Medical Examiner. Pursuant to SWA policy, an employee is eligible for SWA
only after he/she has been in his/her position for 6 months. The exception would allow
Medical Examiners; Dr. Bridget Eutenier (Hire Date 4/1/14) and Dr. Wendolyn Sneed (Hire
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Date 5/12/14) to receive Special Work Assignment pay even though they have been
employed by Maricopa County for less than 6 months. (C-29-15-001-6-00)
Motion to approve by Supervisor Kunasek, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
Planning and Development - Planificación y Desarrollo
29. AMENDMENT TO LEASE WITH 501 N. 44TH STREET LLC, LESSOR FOR THE
COUNTY’S LEASED OFFICE SPACE
Approve and authorize the Chairman to execute Amendment No. 02 to Lease No. L-7367
with 501 N. 44th Street LLC for the property located at 501 N. 44th St. The purpose of this
amendment is to extend the lease. This amendment is effective from October 15, 2014 to
September 30, 2020. First Amendment is under C-44-10-094-1-00.
The Second Amendment to Lease No. L-7367 reduces the leased premises from 35,271
rentable square feet to 28,902 rentable square feet effective October 15, 2014. In addition,
this lease amendment reduces the county’s parking allocation based upon four spaces per
one thousand rentable square feet. The Lessor will be responsible for necessary base
building modifications to create a corridor to the first floor training rooms located within
Suite 102. Additionally, this second amendment updates the Base Year to 2014 and
extends the term of the lease through September 30, 2020. The base rent expense during
the term will be as follows (C-44-05-014-0-01):
Lease Year Rate Monthly
10/15/2014 – 9/30/2015 $19.00 $45,761.50 plus O&M expenses and tax
10/1/2015 – 9/30/2016 $19.75 $47,567.88 plus O&M expenses and tax
10/1/2016 – 9/30/2017 $20.50 $49,374.25 plus O&M expenses and tax
10/1/2017 – 9/30/2018 $21.25 $51,180.63 plus O&M expenses and tax
10/1/2018 – 9/30/2019 $22.00 $52,987.00 plus O&M expenses and tax
10/1/2019 – 9/30/2020 $22.75 $54,793.38 plus O&M expenses and tax
Motion to approve by Supervisor Chucri, seconded by Supervisor Rogers
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
Public Health - Salud Pública
30. LEASE AGREEMENT WITH ST. MARY’S FOOD BANK ALLIANCE, INC.
Approve, and authorize the Chairman to execute, Lease Agreement No. L-7455 with St.
Mary’s Food Bank Alliance, Inc., an Arizona non-profit corporation, for the County’s use of
approximately 6,400 square feet of office and clinic space at 3003 West Thomas Road,
Phoenix.
Public Health will use the subject leased space for the continued operation of a regional
WIC facility. The term of Lease L-7455 will be for 36 months beginning November 1, 2014
and expiring on October 31, 2017, unless terminated earlier as provided for in the
agreement. The monthly base rent during the lease term will be $6,000.00 per month
($11.25 per square foot annually) plus rental tax. The County will be responsible for
providing janitorial services to the leased premises. (C-86-15-016-1-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Rogers
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
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31. AGREEMENT WITH CITY OF PHOENIX FOR STRATEGIC NATIONAL STOCKPILE
ASSETS
Approve the Agreement between the City of Phoenix and Maricopa County by and through
its Department of Public Health (MCDPH); Office of Preparedness Response (OPR), to
provide Strategic National Stockpile (SNS) Assets in the event of a public health
emergency. The term of this non-financial agreement shall begin upon execution by both
parties and shall be in effect until terminated by either party.
The MCDPH, Office of Preparedness Response was previously known as the Maricopa
County Department of Public Health’s Emergency Management Program (PHEM). (C-86-
15-009-3-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Rogers
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
32. AGREEMENT WITH CHICANOS POR LA CAUSA, INC., PARENTING ARIZONA FOR
WIC ENROLLMENT SERVICES
Approve a non-monetary Agreement between Chicanos Por La Causa, Inc., Parenting
Arizona (CPLC PA) and Maricopa County by and through its Department of Public Health
(MCDPH), Women, Infant and Children Services (WIC) to provide WIC enrollment services
to the WIC eligible clients at CPLC PA located at 5834 E Calle Santos Bravo, Guadalupe,
AZ 85283. The Agreement is part of the WIC Services grant. The term of this Agreement
shall be for five (5) years and shall commence on October 1, 2014 to September 30, 2015.
Thereafter, this Agreement will be automatically renewed for successive one year terms,
without the necessity of notice action by either party, however may be terminated as
provided by options with the Agreement. Either party may terminate this Agreement upon
30 days prior written notice. (C-86-15-012-3-00)
Supervisor Rogers stated that the Board moves these agreements forward because
they are great projects, but does not want to take away from other projects that are
helpful to the community. She added that it is important to have these agreements and
is grateful for any amendments that help with human services.
Chairman Barney noted that the Board becomes the statutory portal for these
agreements, which is no different from other things they are mandated by law to do. He
added that sometimes the Board approves agreements because they are great projects,
but other times it is because the process requires approval from the Board of
Supervisors. He added that he appreciates the people who work to keep these projects
moving forward.
Motion to approve by Supervisor Chucri, seconded by Supervisor Rogers
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
33. AMENDMENT TO IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR
PUBLIC HEALTH IN ACTION TO PREVENT AND CONTROL DIABETES, HEART
DISEASE AND OBESITY
Approve Amendment No. 1 to Intergovernmental Agreement (IGA) with Arizona
Department of Health Services (ADHS), Division of Prevention Services (DPS) for Grant
Number: 1 U58 DP004793.01 CDC-RFA-DP13-1305 State Public Health Actions to
Prevent and Control Diabetes, Heart Disease, Obesity, and Associated Risk Factors and
Promote School Health. This Amendment Effective January 1, 2015: Pursuant to the
Formal Meeting Minutes
Wednesday, September 10, 2014
Page 34 of 54
Uniform Terms and Conditions Provision 6, Paragraph 6.1 Contract changes, delete in its
entirety IGA Scope of Work and replace with the Scope of Work, Attachment A,
Amendment No. 1. Effective August 12, 2014: The IGA Price sheet has been revised to
state: Effective: January 1, 2014 to December 31, 2014. Effective August 12, 2014: Delete
in its entirety the IGA Provision Seventeen (17) and replace Health Insurance Portability
and Accountability Act of 1996, page 2. Quarterly Fixed Price beginning January 1, 2015
through June 29, 2015 in the not-to-exceed amount of $50,000. The Contract term is
January 1, 2014 through December 31, 2018. Renewal for years two (2) through five (5) of
the IGA is contingent upon federal appropriations.
The Department of Public Health’s indirect rate for FY 14-15 is 14.8%. Total indirect
expenses are $6,446.
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-86-14-088-3-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Rogers
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
34. AMENDMENT TO NOTICE OF GRANT AWARD WITH U.S. DEPARTMENT OF HEALTH
AND HUMAN SERVICES HEALTH RESOURCES AND SERVICES ADMINISTRATION
FOR HEALTH CENTER CLUSTER
Approve Amendment No. 37 to Notice of Grant Award (NGA) (H80CS00044-13-04), Health
Center Cluster from the U.S. Department of Health and Human Services Health Resources
and Services Administration (HRSA) to Maricopa County by and through its Department of
Public Health (MCDPH), Healthcare for the Homeless (HCH) Program to provide additional
grant funding for healthcare for homeless individuals program. This grant award authorizes
additional federal assistance in the amount of $36,718 bringing the combined budget total
from $2,998,370 to $3,035,088. The budget period is from November 1, 2013 through
October 31, 2014. The project period is from November 1, 2001 through October 31, 2017.
The Department of Public Health’s indirect rate for FY14-15 is 14.8%. FY13-14 Indirect rate
applicable to grant budget period is 15%. Total indirect expenses are estimated to be $
4,789 which is fully recoverable.
Grant revenues are not local revenues for the purpose of the constitutional expenditure
limitation, and therefore expenditure of the revenues is not prohibited by the budget law.
This 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 HRSA and will not affect the County’s
general fund. (C-86-02-073-2-36)
Motion to approve by Supervisor Chucri, seconded by Supervisor Rogers
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
35. AMENDMENT TO IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR
IMMUNIZATION SERVICES
Formal Meeting Minutes
Wednesday, September 10, 2014
Page 35 of 54
Approve Purchase Order (PO) No. ADHS13-041805:7 to the Intergovernmental Agreement
(IGA) (ADHS13-041805) between Arizona Department of Health Services (ADHS) and
Maricopa County by and through its Department of Public Health (MCDPH), Community
Health Nursing to provide increased funding for the Immunization Program. The budget
amount will be increased for a not-to-exceed amount of $683,067.00, bringing the current
budget amount from $753,884.75 to $1,436,951.75, for the budget period January 1, 2014
through December 31, 2014. The term of this Agreement is January 1, 2014 through
December 31, 2017. All other terms and conditions remain in full force and effect.
The Department of Public Health’s indirect rate for FY15 is 14.8%; FY14 indirect rate is
applicable to this grant award is 15% of which $89,096 is allowable and fully recoverable.
Grant revenues are not local revenues for the purpose of the constitutional expenditure
limitation, and therefore expenditure of the revenues is not prohibited by the budget law.
This 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-86-13-074-3-04)
Motion to approve by Supervisor Kunasek, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
36. IGA WITH CARTWRIGHT ELEMENTARY SCHOOL DISTRICT FOR SCHOOL-BASED
TOBACCO USE PREVENTION AND EDUCATION SERVICES
Approve an Intergovernmental Agreement (IGA) between Cartwright Elementary School
District (CESD) and Maricopa County by and through its Department of Public Health
(MCDPH) to provide School-based Tobacco Use Prevention and Education Services;
School Health Implementation Plan (SHIP). Funding is in the not-to-exceed amount of
$18,000 for the budget period beginning August 1, 2014 through May 31, 2015. (C-86-15-
010-3-00)
Motion to approve by Supervisor Kunasek, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
37. IGA WITH HIGLEY UNIFIED SCHOOL DISTRICT FOR SCHOOL-BASED TOBACCO
USE PREVENTION AND EDUCATION SERVICES
Approve an Intergovernmental Agreement (IGA) between Higley Unified School District
(HUSD) and Maricopa County by and through its Department of Public Health (MCDPH) to
provide School-based Tobacco Use Prevention and Education Services; School Health
Implementation Plan (SHIP). Funding is in the not-to-exceed amount of $20,000 for the
budget period beginning August 1, 2014 through May 31, 2015. (C-86-15-011-3-00)
Motion to approve by Supervisor Kunasek, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
38. IGA WITH LITTLETON ELEMENTARY SCHOOL DISTRICT FOR SCHOOL-BASED
TOBACCO USE PREVENTION AND EDUCATION SERVICES
Approve an Intergovernmental Agreement (IGA) between Littleton Elementary School
District (LESD) and Maricopa County by and through its Department of Public Health
(MCDPH) to provide School-based Tobacco Use Prevention and Education Services;
Formal Meeting Minutes
Wednesday, September 10, 2014
Page 36 of 54
School Health Implementation Plan (SHIP). Funding is in the not-to-exceed amount of
$12,000 for the budget period beginning August 1, 2014 through May 31, 2015. (C-86-15-
015-3-00)
Motion to approve by Supervisor Kunasek, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
39. IGA WITH FOWLER ELEMENTARY SCHOOL DISTRICT FOR SCHOOL-BASED
TOBACCO USE PREVENTION AND EDUCATION SERVICES
Approve an Intergovernmental Agreement (IGA) between Fowler Elementary School
District (FESD) and Maricopa County by and through its Department of Public Health
(MCDPH) to provide School-based Tobacco Use Prevention and Education Services;
School Health Implementation Plan (SHIP). Funding is in the not-to-exceed amount of
$4,000 for the budget period beginning August 1, 2014 through May 31, 2015. (C-86-15-
014-3-00)
Motion to approve by Supervisor Kunasek, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
40. IGA WITH CAVE CREEK UNIFIED SCHOOL DISTRICT FOR SCHOOL-BASED
TOBACCO USE PREVENTION AND EDUCATION SERVICES
Approve an Intergovernmental Agreement (IGA) between Cave Creek Unified School
District (CCUSD) and Maricopa County by and through its Department of Public Health
(MCDPH) to provide School-based Tobacco Use Prevention and Education Services;
School Health Implementation Plan (SHIP). Funding is in the not-to-exceed amount of
$2,000 for the budget period beginning August 1, 2014 through May 31, 2015. (C-86-15-
013-3-00)
Motion to approve by Supervisor Kunasek, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
Real Estate - Bienes Raíces
41. BUILDING ENTRY AGREEMENT WITH CENTURYLINK FOR NEW SERVICE AT WEST
MESA JUSTICE COURT
Approve, and authorize the Chairman to execute, a Building Entry Agreement with Qwest
Corporation d/b/a CenturyLink QC on behalf of itself and its affiliates (Licensee) allowing
Licensee permission to construct, maintain, repair, operate and remove certain wires,
cables, panels, conduit, lock-boxes, building entrance facilities and other appurtenant
fixtures and equipment over, under, across and along the County’s West Mesa Justice
Court facility at 2050 West Mesa University Drive in Mesa.
The subject Building Entry Agreement is required to provide Licensee permission to install
county-required improvements to the voice-data service at the subject facility. The
agreement will be for an initial term of ten (10) years with two (2) automatic 5-year renewal
terms unless either renewal term is terminated by either party via written notice at least
three (3) months prior to the expiration of the current term of the agreement. (C-94-15-005-
3-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Kunasek
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
Formal Meeting Minutes
Wednesday, September 10, 2014
Page 37 of 54
42. BUILDING ENTRY AGREEMENT WITH CENTURYLINK FOR NEW SERVICE AT
ADULT PROBATION SOUTHPORT FACILITY
Approve, and authorize the Chairman to execute, a Building Entry Agreement with Qwest
Corporation d/b/a CenturyLink QC on behalf of itself and its affiliates (Licensee) allowing
Licensee permission to construct, maintain, repair, operate and remove certain wires,
cables, panels, conduit, lock-boxes, building entrance facilities and other appurtenant
fixtures and equipment over, under, across and along the County’s Adult Probation
Southport facility at 3535 South 7th Street in Phoenix.
The subject Building Entry Agreement is required to provide Licensee permission to install
county-required improvements to the voice-data service at the subject facility. The
agreement will be for an initial term of ten (10) years with two (2) automatic 5-year renewal
terms unless either renewal term is terminated by either party via written notice at least
three (3) months prior to the expiration of the current term of the agreement. (C-94-15-006-
3-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Kunasek
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
43. AMENDMENT TO LEASE AGREEMENT WITH ST. MARY’S FOOD BANK ALLIANCE,
INC.
Approve, and authorize the Chairman to execute, amendment No. 2 to Lease Agreement
MC10126 with St. Mary’s Food Bank Alliance, Lessee, an Arizona non-profit charitable
corporation.
The purpose of Amendment No. 2 is to update the Lessee insurance requirements,
originally written in 1998. There is no cost to the County resulting from this lease
agreement. (C-18-99-003-4-02)
Motion to approve by Supervisor Hickman, seconded by Supervisor Kunasek
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
44. AMENDMENT TO LEASE AGREEMENT WITH AGUA FRIA FOOD AND CLOTHING
BANK, INC.
Approve, and authorize the Chairman to execute, amendment No. 2 to Lease Agreement
MC10134 with Agua Fria Food and Clothing Bank, Lessee, an Arizona non-profit charitable
corporation.
The purpose of Amendment No. 2 is to update the Lessee insurance requirements,
originally written in 1998. There is no cost to the County resulting from this lease
agreement. (C-18-99-002-4-02)
Motion to approve by Supervisor Hickman, seconded by Supervisor Kunasek
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
Formal Meeting Minutes
Wednesday, September 10, 2014
Page 38 of 54
Risk Management - Gestión de Riesgos
45. PURCHASE OF VEHICLE
Approve the addition to the fleet for one vehicle to be purchased by Equipment Services for
the Risk Management Department from available funding in the FY14/15 budget in an
amount not to exceed $21,000. The purpose of adding a vehicle to the fleet is to provide an
additional economical vehicle for use in program operations. This purchase will result in an
increase by one in the County fleet. (C-75-15-002-2-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Kunasek
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
Transportation - Transportación
46. FEDERAL AID FUNDING REIMBURSEMENT FROM THE MARICOPA ASSOCIATION
OF GOVERNMENTS TRANSPORTATION IMPROVEMENT PROGRAM
Authorize the Maricopa County Department of Transportation (MCDOT) to apply for,
accept $1,904,520 in federal-aid highway funding reimbursements and expend grant funds
up to the total project cost amount, for the following project awards:
TIP Project award Intelligent Transportation System (INTL) Project, Sub-Project TT352,
along MC 85, from Agua Fria Bridge West Terminal to 75th Avenue; Install fiber optic
communications to improve flow of traffic on MC 85.
Non-TIP Project award Intelligent Transportation System (INTL) Project, Sub-Project
TE240, Upgrade Regional Archive Data System Center equipment and systems to
enhance archiving capacity and the utility of real time traffic data, furnish and installation.
Total Cost Estimate = $2,019,640; Federal Funds = $1,904,520
Approve increases in the appropriated budget for the Department of Transportation (641)
Grant Fund (223) Non-Recurring, Non-Project (0001) in the amount of $47,987 in revenues
and expenditures, with a local match in Transportation Operating Fund (232) in the amount
of $10,513, or 5.7%.
The Transportation Department's FY 2014-2015 indirect cost rate is 9.1%. The total grant
amount for TIP and other anticipated projects will be used for design and/or construction-
related expenditures; therefore, they are not subject to indirect cost recovery.
The MAG Regional Council, by consent on January 29, 2014, approved the list of Fiscal
year (FY) 2015 congestion Mitigation and Air Quality (CMAQ) funded projects to be added
to the FY 2014 – 2018 MAG TIP.
This appropriation adjustment brings the Department of Transportation’s existing grant
budget for grant TE40, Upgrade Regional Archived Data Server, from $125,937 to
$173,924, an increase of $47,987. The appropriation adjustment is necessary because the
award amounts of new grants differ from the amount approved in the FY 2014-15 budget
appropriation. Grant revenues are not local revenues for the purpose of the constitutional
expenditure limitation, therefore, expenditures of theses revenues are not prohibited by the
budget law. The approval of this budget adjustment does not alter the budget containing
the expenditures of local revenues duly adopted by the Board pursuant to A.R.S. 42-
17105. This action impacts Supervisory Districts No. 1, 2, 3, 4 and 5 (C-64-15-013-M-00)
Blue Crowley, resident, noted that like the Board of Supervisors, Maricopa Association
Formal Meeting Minutes
Wednesday, September 10, 2014
Page 39 of 54
of Governments (MAG) is a committee trying to make laws and directions for Maricopa
County and asked if any Board Member has or can be a Chair of MAG. He stated that
the Valley Metro Regional Public Transportation Authority (RPTA) is working on a light
rail project in Phoenix that the Board will have to approve, and asked if this process is
so MAG can meddle in what the Board of Supervisors do. He offered his concerns with
the west side light rail expansion.
Mr. Crowley also thanked the Board Members for addressing item 47.
Motion to approve by Supervisor Hickman, seconded by Supervisor Kunasek
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
47. 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-
15-079-7-00)
Amendment to Right-of-Way for State Land Department (Grantor) – State
a. (PM) of Arizona.
Project #: TT444 – Aguila Road (Vulture Mine Road to Eagle Eye Road) -
b. (KP) Right-of-Way document for State Land Department (Grantor) – State of
Arizona.
Motion to approve by Supervisor Hickman, seconded by Supervisor Kunasek
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
SETTING OF HEARINGS - CONFIGURACIÓN DE AUDIENCIAS
~All hearings will be held at 9:00 am, 205 W. Jefferson, Phoenix, unless otherwise noted~
~Todas las audiciones será tenidas a las 9:00 de la Mañana, 205 W. Jefferson, Phoenix,
amenos que de otromodo notado~
Transportation – Transportación
48. ROAD FILE NO. A-409
Set a hearing for October 8, 2014 for Road File No. A409 to Open and Declare the
following described alignment into the County Transportation System.
(Said roadway also known as Patrick Lane, from 89th Avenue to 87th Avenue, lying in
Supervisor District 4 and in an unincorporated area.) (C-64-15-018-M-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
49. ROAD FILE NO. A-510
Set a hearing for October 8, 2014 for Road File No. A510 to Open and Declare the
Formal Meeting Minutes
Wednesday, September 10, 2014
Page 40 of 54
following described alignments into the County Transportation System.
(Said alignments also known as Radford Road from 207th Avenue to 205th Avenue, 206th
Avenue from 660 feet south of Radford Road to Radford Road, 205th Avenue from Bradley
Road to Radford Road and Gordon Way from Radford Road to Bradley Road, all lying in
Supervisor District 4 and in an unincorporated area.) (C-64-15-016-M-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
50. ROAD FILE NO. A502-R
Set a hearing for October 8, 2014 for Road File No. A502-R to Open and Declare the
following described alignments into the County Transportation System.
(Said roadway alignments also known as the Intersection at Avondale Boulevard and
Buckeye Road (MC 85), all lying in Supervisor District 5.) (C-64-15-017-M-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
51. ROAD FILE NO. A-508
Set a hearing for October 8, 2014 for Road File No. A508 to Open and Declare the
following described alignments into the County Transportation System.
(Said roadway also known as Montgomery Road from 171st Avenue to 163rd Avenue and
lying in Supervisor District 4.) (C-64-15-021-M-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
52. ROAD FILE NO. A-519
Set a hearing for October 8, 2014 for Road File No. A519 to Open and Declare the
following described alignment into the County Transportation System.
(Said roadway also known as Norwich Drive, from 193rd Avenue to 191st Avenue, lying in
Supervisor District 4 and in an unincorporated area.) (C-64-15-019-M-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
53. ROAD FILE NO. A-511
Set a hearing for October 8, 2014 for Road File No. A511 to Open and Declare the
following described alignment into the County Transportation System.
(Said roadway also known as Rockaway Hills Drive from 256th Avenue to 660 feet East of
251st Avenue and lying in Supervisor District 4 and in an unincorporated area.) (C-64-15-
020-M-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
Formal Meeting Minutes
Wednesday, September 10, 2014
Page 41 of 54
54. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB0001
Set a hearing for November 19, 2014 for Road File No. PAB0001 to Abandon a portion of
Federal Patent Easement Number 1197559. 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. 2 (C-64-15-015-M-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
55. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB0005
Set a hearing for November 19, 2014 for Road File No. PAB0005 to Abandon a portion of
Federal Patent Easement Number 1207561. 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. 3 (C-64-15-014-M-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
CONSENT AGENDA - AGENDA DE CONSIENTA
Clerk of the Board - Secretaria de la Junta
56. APPOINTMENTS
Approve the Official Appointments of Lane Organ as Limited Duty Special Deputy Clerk.
(C-06-15-072-7-00)
Formal Meeting Minutes
Wednesday, September 10, 2014
Page 42 of 54
Motion to approve by Supervisor Kunasek, seconded by Supervisor Rogers
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
57. 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-06-15-082-7-00)
Name Warrant # Amount
Cardinal Health - Pharmacy 340028921 28,371.32
IBM Services 350000705 27,500.00
Jason Evans 440028713 175.42
Car Quest Auto Parts 440104509 1,916.27
Maribel Sheehan 140110053 116.42
Damon A. Olson 150003301 652.99
Hunt Parts & Service 440106289 2,395.03
Motion to approve by Supervisor Kunasek, seconded by Supervisor Rogers
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
58. HEAD START MONTHLY REPORT
Receive the Head Start monthly report for June 2014 submitted by the Human Services
Department. (C-06-15-074-7-00)
FINANCIAL STATEMENTS:
Total Monthly Expenditures - $2,262,235
Percent of Budget Expended YTD - 100%
PROGRAM INFORMATION:
Number of Referrals to Targeted Community Services in Month – 1,293
Percent of Children with Disabilities Served YTD – 276
PROGRAM ENROLLMENT REPORT:
Number of Enrollment Turnover in Month - 0
Total Number of Children on Waitlist - 219
REPORTS OF MEALS AND SNACKS:
Number of Meals Served in Month – 1,801
Motion to approve by Supervisor Kunasek, seconded by Supervisor Rogers
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
59. MARKET RANGES
Pursuant to A.R.S §§11-251.38 and 251.51, approve the addition and/or replacement 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-31-15-008-6-
00)
Formal Meeting Minutes
Wednesday, September 10, 2014
Page 43 of 54
Ranges:
- Planner Senior: $29.42-$43.45 ($61,194-$90,376)
- Planning Division Manager: $37.30-$54.09 ($77,584-$112,507)
- Planning Supervisor: $33.45-$47.69 ($69,576-$99,195)
Motion to approve by Supervisor Kunasek, seconded by Supervisor Rogers
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
60. 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-06-15-080-7-00)
Tax Phase
Tax Difference
Year Number
2011 0273 -9,834.04
2012 0186 171,500.82
2013 0078 408,290.40
2011 0274 10,674.76
2012 0188 8,417.90
2013 0081 -31,062.28
2010 0387 -8,250.58
2011 0272 -20,903.88
2012 0187 -327,236.44
2013 0080 -149,333.50
2011 0275 -48.18
2012 0189 -572,960.56
2013 0082 -247,424.88
2013 0083 -923.62
Motion to approve by Supervisor Kunasek, seconded by Supervisor Rogers
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
61. 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-06-15-076-7-00)
2011: TX2011-000008
2011 / 2012: TX2011-000935; TX2011-000954
2012: TX2012-000044
2012 / 2013: TX2011-000724
2013: TX2012-000512; TX2012-000785; TX2013-000396
2013 / 2014: TX2013-000306
2014: ST2013-000570; TX2014-000381
2015: ST2014-000393
Formal Meeting Minutes
Wednesday, September 10, 2014
Page 44 of 54
Motion to approve by Supervisor Kunasek, seconded by Supervisor Rogers
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
62. TAX ABATEMENTS
Approve and sign requests for tax abatements from the Treasurer’s Office pursuant to ARS
§ 42-18353 for the parcel numbers, tax years and amounts as listed below (C-43-15-006-
M-00):
145-28-512 2006 – 2010 $ 25,824.01
165-21-029B 1993 $ 80,563.70
213-17-253 1999 – 2010 $ 29,673.75
217-30-824 1996 – 2013 $ 36,459.04
218-56-412A 2004 – 2010 $ 315.47
218-56-416A 2003 – 2010 $ 1,594.97
503-54-004H 2003 – 2010 $ 1,860.53
504-45-005D 2004 – 2010 $ 1,894.09
Motion to approve by Supervisor Kunasek, seconded by Supervisor Rogers
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
63. PROPERTY RE-CLASSIFICATION APPEAL - FOR APPROVAL
Pursuant to A.R.S. §42-12052, approve the property owner's appeal to re-classify property,
which has satisfied the requirements of occupancy status, and re-classify the property to
class three properties (owner occupied). Direct the County Assessor to re-classify the
property to class three (owner occupied), pursuant to A.R.S. §42-12003. (C-06-15-083-M-
00)
Parcel Numbers:
101-26-661 161-32-003 215-10-038 232-11-407 309-07-358
102-18-497 164-48-078 215-11-434 232-31-293 310-05-239
104-77-419 165-15-039 217-08-426 232-35-076 310-07-616
109-32-069B 167-27-193A 217-19-304 301-44-158 312-05-413
117-26-061 169-25-026 217-25-257 301-51-384 400-58-215
119-04-081 174-25-338 217-29-116 301-54-090 500-07-531
125-04-278 175-06-209 217-29-562 302-60-071 501-16-356
126-22-029 175-17-026 217-46-815 302-97-172 501-17-785
138-06-102A 200-22-454 217-50-777 303-65-322 501-88-475
140-30-173 200-31-926 217-53-093 304-07-772 502-91-366
140-51-017 200-39-556 217-57-323 304-24-459 503-15-006X
140-55-070 200-41-665 218-47-020 304-24-792 503-73-586
141-14-017M 200-75-716 218-64-446 304-39-457 503-96-284
143-04-255 203-08-250 219-39-225A304-59-233 503-96-424
148-04-218 206-02-149 219-47-158 304-78-567 503-96-757
150-13-299 206-15-206 230-09-333 304-81-016P504-60-384
153-18-026E 206-17-053 231-12-450 304-96-330 508-03-516
155-05-038 209-17-124 231-19-006 305-02-533
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Wednesday, September 10, 2014
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156-43-015 211-62-621 231-28-013 308-07-153
157-10-150 214-14-173 232-02-656 308-10-272
Motion to approve by Supervisor Kunasek, seconded by Supervisor Rogers
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
BOARD OF SUPERVISORS ADDENDUM
ADÉNDUM DE LA JUNTA DE SUPERVISORES
Board of Supervisors
A-1. CONFLICT WAIVER FOR GUST ROSENFELD P.L.C.
Approve request for conflict of interest waiver filed by Gust Rosenfeld P.L.C to represent
Glendale Elementary School District (the "District") in a Notice of Violation (NOV) No. No.
731618 filed by Maricopa County Air Quality Department. Because Gust Rosenfeld also
has a contract to represent Maricopa County in unrelated matters, a conflict of interest
results between two clients of the firm.
If the parties cannot reach a resolution of the matter and the matter proceeds to an
administrative hearing or to litigation, Gust Rosenfeld has agreed to withdraw from it
representation of the District. This waiver is for this matter only and is not intended to be an
express or implied waiver of any other conflict which currently exists, which may arise in
the future and is not intended to supersede or affect any waiver currently granted this firm.
The conflict waiver does not involve and does not extend to an administrative hearing or
other litigation which may arise from this matter.
This item was discussed in executive session on September 8, 2014. (C-06-15-087-M-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
Employee Benefits and Health
A-2. EMPLOYEE BENEFITS SETTLEMENT CASE NO. 13736902
Approve the third-party recovery settlement of $75,000.00 in Employee Benefits Case No.
13736902 for medical and related claims.
The Employee Benefits Trust paid $316,749.83 in medical and related claims for a covered
individual who was alleged to have been injured as a result of medical malpractice by her
physician. A third-party recovery was obtained from the alleged physician-tortfeasor by the
injured party. Compromise of the County’s lien must be approved by the Board of
Supervisors per the Maricopa County Trust Declaration. The Board is requested to approve
the settlement of the third-party reimbursement. This item was discussed in executive
session on September 8, 2014. (C-39-15-005-2-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
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Wednesday, September 10, 2014
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Enterprise Technology
A-3. AMENDMENT TO FIVE-YEAR TECHNOLOGY CAPITAL IMPROVEMENT PLAN AND
FY 2014 ACTUAL EXPENDITURE RECONCILIATION
In accordance with A.R.S. 42-17106(B), authorize the following amendment to the FY 2015
Non Departmental (470) Budget:
a) Decrease the budget for the Technology Infrastructure Refresh Phase 2 (TIR2) by
$5,962,499 from $37,604,275 to $31,641,776. This action will reconcile the expenditures in
FY 2014 that were more than the forecast at the time. Decrease the total project budget
and FY 2015 budget by an additional $6,417,638 due to decreased project costs. The
revised FY 2015 project budget is now $25,224,138, and the total project budget is
$55,954,990.
b) Decrease the expenditure authority for the Technology Infrastructure Refresh Phase 1
(TIR1) by $3,597,184 from $5,000,000 to $1,402,816. This action will reconcile the
expenditures in FY 2014 that were more than the forecast at the time. Increase the total
project budget and FY 2015 budget by an additional $6,417,638 due to increased project
costs. The revised FY 2015 project budget is now $7,820,454, and the total project budget
is $12,259,411.
c) Increase the expenditure authority in the FY 2015 Non Departmental Grants Fund (249)
in the amount of $9,559,683.
These actions will have a County-wide net impact of zero and they do not alter the budget
constraining the expenditure of local revenues duly adopted by the Board pursuant to
A.R.S. 42-17105.
Approval of this action allows the Office of Enterprise Technology (OET) to finalize the
currently identified work requirements on the Infrastructure Refresh Phase 1 and 2 projects
which is anticipated to be completed by June 30, 2015. (C-41-15-003-M-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Rogers
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
Risk Management
A-4. WAGNER V. MARICOPA COUNTY CV07-00819 PHX AWT
Approve the settlement in the amount of $240,000 in the case of Wagner v. Maricopa
County CV07-00819 PHX AWT, and authorize the Chairman of the Board of Supervisors to
sign any necessary settlement documents on behalf of the Maricopa County Board of
Supervisors upon review and approval as to form by assigned legal counsel.
The lawsuit, Ann Vogel v. Maricopa County, was originally filed in Superior Court in 2002,
Cause No. CV2002-023675. It was then removed to Federal Court in June 2004 and
became CV04-1215 PHX RGS. Ann Vogel died and Yvonne Wagner stepped in on behalf
of the Estate of Eric Vogel, so it became Wagner v. Maricopa County.
In January 2007 the case was remanded to Superior Court. In April 2007 it was removed to
Federal Court again and became CV07-00819 PHX EHC. The case was tried before Judge
Carroll in very late January 2010. The 9th Circuit reversed the verdict and sent the case
back for retrial on December 30, 2013. A new trial judge was assigned, A Wallace
Tashima. The case is now Wagner v. Maricopa County CV07-00819 PHX AWT.
Formal Meeting Minutes
Wednesday, September 10, 2014
Page 47 of 54
This matter was discussed in Executive Session on September 3, 2014. (C-75-15-003-2-
00)
Supervisor Chucri thanked Mr. Stevens for his work with Information Technology.
Motion to approve by Supervisor Chucri, seconded by Supervisor Rogers
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
CALL TO THE PUBLIC AND SUMMARY OF CURRENT EVENTS
LLAMADO AL PUBLICO Y EL RESUMEN DE TEMAS DE ACTUALIDAD
64. 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.)
Kim Baker, resident, representing Ms. Hunter, read a text from the Apostle Paul out of
Romans Chapter 2 from the Bible. He offered his opinion that someone has the
authority to release Ms. Hunter from jail and he appealed to the Board of Supervisors
to do this.
Blue Crowley, resident, commented about the success of the September festival. He
noted that the contestants this year were as creative as last year with their margarita
recipes. He stated that the Board Members need to be more of a champion about
transportation, and added that he was the bus chairman during the writing for Prop 100
and helped get the bike racks on buses. Mr. Crowley expressed his opinion that
transportation should be made available to all communities because everyone is
paying a transit tax.
Ed Bufford, resident, volunteered to do the invocation for the next formal meeting. He
thanked the Board Members for changes to the volunteer and New Hope Contract. He
noted that he spoke at the last meeting about owner surrender policies of the Maricopa
County Animal Care and Control (MCACC), and has learned from MCACC that they do
not require proof of ownership other than someone saying they are the owner of a dog.
Mr. Bufford noted the law says that after keeping a dog for six days a person becomes
the legal owner. He stated that he would like to work on changing this law. He
proposed to the Board Members that proof of ownership be required to be classified by
MCACC as owner-surrender, and if no proof is given the dog be allowed 72 hours for
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Wednesday, September 10, 2014
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adoption, similar to a stray dog.
Chairman Barney asked if there is a state law that defines this situation, and Michelle
Wood, Legal Counsel, stated she believed it is an ordinance and state statute, but
would look the law up.
Robert Crough, representing Paradigm Dog School and a member of the Association
of Professional Dog Trainers, discussed his experience working with animal rescues
and shelters and as a dog trainer. He expressed his concern about someone getting
hurt, because Maricopa County Animal Care and Control (MCACC) is mishandling the
evaluations of animals and mislabeling dogs and suggested having trained people
assess the animals.
Chairman Barney thanked Mr. Crough for his feedback, and noted the County is
looking into a number of considerations and will also look into the credentials and
process of training.
Trish Manes, President of No Kill Maricopa County, read a letter from Anita Osa
regarding a visit to Maricopa County Animal Care and Control (MCACC). Ms. Osa
asked to see a Chow Chow that was labeled S5 for human aggression. She noted the
condition of the dog. Ms. Osa and a friend said they did not see the dog exhibit
aggressive behavior, but watched the County employee drag the dog and heard the
dog scream. She stated that the dog was unfairly labeled and set to die. Pictures
were provided along with the letter from Ms. Osa.
Eloise Prevost, representing No Kill Maricopa County, provided a handout of a pre-
euthanasia report along with a photo to the Board Members. She stated that she was
a witness to the incident that Ms. Osa wrote about and further detailed the
mistreatment of County staff towards that dog. She discussed her experience on
September 5, 2014, regarding a dog listed on the pre-euthanasia list.
Ms. Prevost noted the list becomes the euthanasia list at midnight giving a short
window of time to have the dog removed from the euthanasia list. She stated that the
dog was listed as S5 but did not exhibit aggressive behavior. Shedid not have an issue
handling the dog during her visit to the shelter. She discussed another dog that was
recently spayed and then placed into the “C” building, which is for adoptable dogs.
She stated that she believed the dog was in pain and had health issues because the
dog was kept in a kennel with several other dogs after the surgery.
Tarah Berry, representing No Kill Maricopa County, stated that she is a documentary
photographer and photographs animals to get them off “stray hold” and help find their
owners by publishing their pictures online. She stated she lives near the Maricopa
County Animal Care and Control (MCACC) West Shelter and the public is unaware of
what is happening to animals there. She gave the Board Members her suggestions to
reduce the kill rate, including properly labeling the animals, clearly labeling the
buildings, and having green cards on the kennels to let people know that the animals
are available to adopt. Ms. Berry provided a handout to the Board Members.
Chairman Barney asked Mr. Manos to take Ms. Berry’s suggestions into consideration.
James Madsen, representing No Kill Maricopa County, stated he is an auto-mechanic
and volunteer for the Maricopa County Animal Care and Control (MCACC) West
Shelter. He said he was at the meeting to raise his voice in defense of the dogs
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Wednesday, September 10, 2014
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scheduled to be killed and future dogs placed in the County shelters. He noted that
there were 50 empty kennels at the West shelter and 70 dogs on the euthanasia list.
He commented on the lack of public awareness regarding the number of killings and
injustice perpetrated on dogs. He referenced a letter in support of the No Kill solution
with 30 signatures that represent the entire community.
Shay Moses, representing No Kill Maricopa County, read from the No Kill book
regarding the success of the No Kill solution and change in tactics by those that
support the killing of animals.
Claudia Bloom, representing No Kill Maricopa County, read a statement from
Samantha Hilgeman regarding a dog named Trooper that was pulled from the kill list.
Ms. Hilgeman noted that Trooper was labeled S5 because he failed the toe-pinch test.
She added that his issues were due to abuse by the previous owners. She noted that
because of his appearance he was mislabeled as a “bully breed,” but was actually an
American Bulldog. She added that dogs are being judged in a stressful environment.
Trooper lived with Ms. Hilgeman for three months and was adopted by a family with
kids where he thrives.
Chairman Barney noted others in support of No Kill Maricopa County: Steven M Mays;
Marcia Hamilton; Debbie Faust
Christina de la Fuente, representing No Kill Maricopa County, discussed the
mislabeling of dogs and her experience during a visit to the Maricopa County Animal
Care and Control (MCACC) West Shelter to adopt a dog. She described the labeling
of the buildings, and went to those buildings that had labelled dogs as S5. She
adopted two dogs labeled S5 and added that the shelter is mislabeling dogs. She also
commented that there is no need to kill dogs with so many empty kennels.
Chairman Barney thanked the speakers and stated they would look into responding to
the questions and issues raised about the Maricopa County Animal Care and Control
(MCACC) shelters.
65. SUPERVISORS'/COUNTY MANAGER'S SUMMARY OF CURRENT EVENTS
Resumen de temas de actualidad de los Supervisores/Administrador del Condado
Mr. Manos announced that due to the extent of the recent rain several additional
recovery centers opened today around the valley. He added that the County is opening
a central assistance center at the 44th Street facility tomorrow through the weekend or
as long as necessary. He noted that there will be representatives from all of the
volunteer agencies, and information about the centers is available on the website.
Chairman Barney thanked Mr. Manos and Supervisor Chucri for representing the
County and Board during the floods. He also thanked the neighboring partners and
municipalities, the Flood Control District, and Maricopa County Department of
Transportation.
Supervisor Chucri noted that he recently received his renewal for home insurance and it
does not include flood insurance. He added that the disaster from this week was very
significant, and complimented Mr. Manos for his leadership, the County staff, Bill Wiley,
John Townsend, Ed Rowley, and Pete Weaver for doing a great job. He also thanked
Mayor Finter and Mayor-elect Giles of Mesa for their work.
Supervisor Kunasek recognized Lisa James serving on the Industrial Development
Board and thanked her for her service. He also recognized Jeff Schwartz stating he ran
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Wednesday, September 10, 2014
Page 50 of 54
a great campaign, and thanked him for his service.
Supervisor Rogers thanked the staff, Mr. Manos, the Flood Control District and
Maricopa County Department of Transportation for all of their hard work and for coming
together. She also recognized the No Kill Maricopa County advocates and added she
would like the Board Members to work with other County Offices to come up with a No
Kill solution.
Chairman Barney recognized and commemorated tomorrow as the anniversary of
September 11, 2001. He noted Diane Post's invocation as it relates to the importance
of the First Amendment.
MEETING ADJOURNED
There being no further business to come before the Board, the meeting was adjourned.
________________________________
Denny Barney, Chairman of the Board
ATTEST:
_____________________________
Fran McCarroll, Clerk of the Board
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 9:00 AM on Wednesday, September 10, 2014, in the Supervisors'
Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Denny
Barney, Chairman, District 1; Steve Chucri, Vice Chairman, District 2; Andrew Kunasek, District 3;
Clint Hickman, District 4; Marie Lopez Rogers, District 5. Also present: Fran McCarroll, Clerk of the
Board; Maria Armstrong, Minutes Coordinator; Tom Manos, County Manager; and Michelle Wood,
Legal Counsel.
F-1. CHANGE ORDER TO CONTRACT WITH URS CORPORATION FOR CAVE BUTTES
DAM MODIFICATION DESIGN AND ENGINEERING SUPPORT
Approve Change Order (CO) No. 4 to the Flood Control District of Maricopa County
(District) Contract FCD 2009C027 – On-Call Cave Buttes Dam Modification Design and
Engineering Support during Construction with URS Corporation (URS) in the amount of
$1,300,000.00 for a total revised contract value of $2,500,000.00 and a contract duration
increase of 730 days.
On March 17, 2010, the Board authorized award of Contract Number FCD 2009C027 (C-
69-10-061-5-00) under a qualification-based procurement. To date, URS has developed
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Wednesday, September 10, 2014
Page 51 of 54
the project designs to approximately 30 percent. As such, URS is the only firm with
sufficient project expertise to continue and complete the design. This requested action will
increase the Contract Value from $1,200,000.00 to $2,500,000.00. This will allow additional
funds to complete the design services of the Cave Buttes Modification project (Phase I).
The project features in Phase I consist of constructing an additional outlet under Cave
Buttes Dike No. 1 to reduce the maximum duration of the water impoundment on the
upstream side of the dam from 61 days to 29 days. Cave Buttes Dam Project is located
within the City of Phoenix and provides protection to property and citizens located
downstream of the project in Cave Creek watershed to include parts of downtown Phoenix
and the State Capital buildings.
This change order also extends the contract period beyond the contractual period of 5 year
to 7 years. The additional time is required because of complexities arising from the United
States Corps of Engineers implementing a new permitting process for modifications to
formerly federal funded projects. This process also requires more extensive review
processes and additional layers of review.
A.R.S.34-605 specifies that a contract for professional services entered into as the result of
a procurement under section 34-603, 34-604 or 34-606 shall have a term not exceeding
five years after the date of contract award by the agent of the first contract under the
procurement, except that the contract may continue in effect after the five year term for
professional services on projects on which the rendering of professional services
commences within the five year term. This Agenda Item impacts Supervisorial District 3.
(C-69-15-005-5-00)
Motion to approve by Director Chucri, seconded by Director Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
F-2. INCREASE AMOUNT ON SOLE SOURCE CONTRACT WITH BENTLEY SYSTEMS,
INC.
Approve an increase to the expenditure amount authorized on Contract No. 03259SS, a
Sole Source contract with Bentley Systems, Inc., of $ 50,000 to fund FY 2015 costs for
software and support on this contract through June 30, 2015. The total authorized limit was
$1,500,000 and the contract began in the year 2000.
Contract No. 03259SS provides for software/system support from Bentley Systems, Inc.,
for proprietary engineering software applications including MicroStation, StormCAD,
FlowMaster, CulvertMaster, InRoads, InRoads Survey and other Bentley SELECT Program
products. These software applications are required for the District’s engineering computer
aided design and drafting related to capital project design and hydraulic/hydrologic
modeling. No other vendor provides this product; Bentley Systems, Inc. owns the copyright
licensing for this software and there are no other applications that can be used for the
hardware.
The cost is included in the FY 2015 budget. This agenda item impacts all supervisorial
districts. (C-69-15-007-3-00)
Motion to approve by Director Chucri, seconded by Director Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
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Wednesday, September 10, 2014
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F-3. EASEMENT, RIGHT-OF-WAY, AND RELOCATION ASSISTANCE DOCUMENTS
Approve easements and right-of-way acquisition documents, appraisal and relocation
assistance services contracts under $5,000 per Resolution FCD 87-12; Escrow Instructions
per Resolution FCD 87-13; Payment of Tax Notices per Resolution FCD 97-07; License
Procedures and Fee Schedules per Resolution FCD2002R002; and disposal of
easements, excess real property and fixtures under $250,000 documents per FCD
1999R016 for Flood Control purposes.
a. Sonoqui Wash Channelization Phase III (Per Resolution FCD 2001R001) – RS
Project #: 480.04.34 - Item #: F00139 – Temporary Right-of-Entry Easement and
Agreement – Assessor’s Parcel #: 304-91-012V – from Guadalupe Paz Ramirez
and Mauricio Paz Ramirez – to the Flood Control District of Maricopa County - for
the sum of $500.00.
b. Sonoqui Wash Channelization Phase III (Per Resolution FCD 2001R001) – RS
Project #: 480.04.34 - Item #: F00151 – Temporary Right-of-Entry Easement –
Assessor’s Parcel #: 304-91-039F – from Scott Adams and Robert and Pauline
Adams - to the Flood Control District of Maricopa County – for the sum of $500.00.
c. Sonoqui Wash Channelization Phase III (Per Resolution FCD 2001R001) – RS
Project #: 480.04.34 - Item #: F00160 – Temporary Right-of-Entry Easement –
Assessor’s Parcel #: 304-91-044Q – Ricardo and Guadalupe Flores – to the Flood
Control District of Maricopa County – for the sum of $500.00.
d. Sonoqui Wash Channelization Phase III (Per Resolution FCD 2001R001) – RS
Project #: 480.04.34 - Item #: F00162 – Temporary Right-of-Entry Easement –
Assessor’s Parcel #: 304-91-044F; -044J, -044U – Joe and Carrie Robinson – to
the Flood Control District of Maricopa County – for the sum of $500.00. (C-06-15-
078-7-00)
Motion to approve by Director Chucri, seconded by Director Hickman
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
MEETING ADJOURNED
There being no further business to come before the Board, the meeting was adjourned.
________________________________
Denny Barney, Chairman of the Board
ATTEST:
_____________________________
Fran McCarroll, Clerk of the Board
Formal Meeting Minutes
Wednesday, September 10, 2014
Page 53 of 54
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 9:00 AM on Wednesday, September 10, 2014, in the Supervisors' Auditorium,
205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Denny Barney,
Chairman, District 1; Steve Chucri, Vice Chairman, District 2; Andrew Kunasek, District 3; Clint
Hickman, District 4; Marie Lopez Rogers, District 5. Also present: Fran McCarroll, Clerk of the
Board; Maria Armstrong, Minutes Coordinator; Tom Manos, County Manager; and Michelle Wood,
Legal Counsel.
L-1. DONATIONS
In accordance with County Policy A2805, accept the monthly donation report received from
Library District for August 2014, for a Non-Cash Value of $4,194.83 and Cash Value of
$450.00. (C-06-15-085-7-00)
Motion to approve by Director Hickman, seconded by Director Kunasek
Ayes: Barney, Chucri, Kunasek, Hickman, Rogers
MEETING ADJOURNED
There being no further business to come before the Board, the meeting was adjourned.
Formal Meeting Minutes
Wednesday, September 10, 2014
Page 54 of 54
________________________________
Denny Barney, Chairman of the Board
ATTEST:
_____________________________
Fran McCarroll, Clerk of the Board